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Home My WebLink About05-0086 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT ENID IN PRJlHHJl'ARY1S OFFICE i/5/05 COMMON PLEAS No, CUMBERLAND COUNTY 05-86 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J, stefanie M. Brown ADDRESS OF APPELLANT CITY OQ-1-01 STATE ZIP CODE 28 Rohin ~()l1rt- DATE OF JUDGMENT I 12/7/04 CLAIM NO, IN THE CASE OF (PLAINTIFF) ~ch~nic8bur9 PA 17055 (DEFENDANT) Mary Challenger - Stefanie Lamprey (Brown) SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR L T YEAR at:XXD14 -(j.f ~ c-----:> " 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. 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. lilgnalure oll'rotnonolary or ueputy 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 M~ ry ~h~ 1 1 enCJer , appellee(s), to file a complaint in this appeal tiTame of appelfee(s) (Common Pleas No. O~ - ~ ~ ~~tJthin twenty (20) days after service of rule or suffer RULE: To Mary Challenger Name of appelfee(s) , appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the dale of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint with'in this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3~&eThe r:,Wice ? rule n se~:::~~:~ Ihe dme ollhe ~u: 1- tJ i. ~ IG{ ~ (; 0 sA-t;~y-v() 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 (10) 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 Dby (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 Dby (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Signature of official before whom affidavN was made ,~/ \..---/ r U $ Ti1Ie of OffICial My commission expires on , year ~~ \ "">- t- ~ l"\ ~ r-- n... ';::, ~ ~\~ ~ Signature of Affiant (U (') ,......, = 0 C <::> '"Tl -,... c.n "T)fr; c.... ~" C- - ~ [01:.'1 ::x:- ~ ~.". ~J~.I Z n1r== U\: '7" r . I -Om 05';':- :nO -<""., U1 01.. \ r:C' ;;;;10 ~ ("'000..", ~ ' .. 'ti- :x> ~\') Z0 ~ .,., :.E: 0- .....0 20 1-- ~ .J>C Om Z -I =<! W ?:o w -< \-, ~ ,jAN-05-2005 WED 11: 39 AM THOMAS, THOMAS, & HAFER FAX NO, 7172377105 p, 03 COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT, C~~~~I~cOF: CUMBERLAND i=j-AINTIFF: RESIDE.NTI~~r.~n~e~s~ ' ,--' o 9 ~ 1-01 CHALLENGER t 'MARY , OJ Na"M HOn 1 NORTH SEASON DR , ,:;,:;',., ' ,.' ,"', CHARLJi:SA."CLEMENT, ,JR.,,: ,'", DILLSBURG, PA1710'9,,' '.' "",',,, ,1,1)" "'Addr'.."4'OO'B'n;TDGEs'mRBET' ,'. " ,'.,' " ..' :". '",I"", ',t.ll,~1 ' :1,". "l:l,,,,:,, '" ,:',' 'r+,"~ " ,1.1., " ""I" I .~: L" I . I ;"'". ,',',\,,,', '.11 . ,"",, .', "",1, ,,,;,,I~I(W",.,.,'.J""" k-NJ'. i . ',,,. ." "". I .' ,I,'j ",' I' " .. . : I, '1]'" "',, I,' ,," ,', , ,I', I ,'I ,,',,' " .., '" \ I,."'. ,', " tiil: ,', ',':OlIDE'TOWNE: COMMONS: . -,SUITB3"I' 'I" "'il"'" .' i":"" .,:VS",: ",:,:,,:,;:::""";;:.,:,;;;,( :;~.'\!: !::';~:~"ii:I:: ,;.t'I:':li~I'i' '" ~::;!:':'I'i't;';,:,:~,:",CJl);lJ3~i~";i'; '1:e~!,'IL"" "10";:"\1,/' ':,:j,:: ,','i::,:,': ',,' :;:Ji,,:6 Er;E~DANt':< >:',: i,J"''''!':: ,"';'::, , ,:'~'~~:EiP,~:~ f\d~~'~~~',.:~\~,i ',Ii L;,,\,:,!;,:>;;'i:, ~~~'i '~'~.~;A',;:: q"~".'II:>I'~P'''''',:' II,. I,~ '\;'.'!:~,,, "\:1,,~\.,j~'(I'':'';IL1':~':'' "\" ,'1'7' "7' '4,'.''t" 11;1'9' "8',1:9'1'=",1 '.; ~.~I,;':I " ,I~;': .tll' '1"" 7"0" I' ',1,1) I " , '/' ".', ,: " rt~'h U-oll'-RY" ' ;1., '('l:tR" ,.r,.~olftT) :\,"1' ':',' S"'Tvntt~'''''''~'E'' :::'~lr:I' ':, ,:'~:'l~":" '.: ",::, '''''r'i:I~/ l';i,;,:,:"t!;': '.'1.:. ":";:,,,,,1 :.;;::Jel~p~o,,~!"'V,. "~,i:l /",." ", :'~',,,! ..' , i'.iq:,, I'" ,.: .' , ,. "1'",' ",~":!,,"'i:':,:,I::,\:~,.""''l:~ ,/ ,':',.'~, ~m.~ ,::"j.',::,, '''il'.j;''~lI::I.',. ',i/:,'I:::\II':"",': ,/II,.....!":I ~::.:;::;"O:;:j'::i(.;:,:,~:',,:;:,:,'.:.':,..:: :';":"',,:::'/,' :,.,:::'.'",:''':,':/,,',':::::;.,:.'':':::) .',. ," , "", ".." ".,', ",:':;', ::~~"a "\~QB~~:'~'IGPtJR't,':' ;,:';",',::!,;,:::':,'}',:,.':,';:::,::",'::,;::,;, :!i,>\;i;':::',),,:,~f:;, .' l~\i'i;",i '''''':''!.''\''I':ATTe~Y:'DEP'''IPl{1l:V.ATE ,~.:" :MEOliANICS~ORG'pi'17,'055, .' < '""...., "':1:;"':,,; ~"~~I;,",~:;,','~~:"""';I" :" ,,'.1';"1' 1',':,.,,:, I",', ,'", I..",.'", ",1 r":'I!"""1 r/.1"!,,"L'.1 . 1;,I"'l'I".~",1 l;,' I.;[,:",':j~", ',,:',.,', "',:~.:":,':,:.':',',,,':',~I',;':"":~;:~::I,I"':':".I,.I::":~::',"'~,.,,'(:i:~,I::.'J:<',: , " .' ",' '."': ;:,:",J ( ,DOUGLAS a. MARCELLO ' ' '... . ' ~g~ ~9~ ST ' g~~:~iI~r Li~~~~m4-04 ..~_ HARRISBURG, PA 17108~0999 ~ THIS IS ~o NOTIFY YPU THAT: , ,Judgment: FO~ JilT.1\. TN~IFP '" .......,., [!]'JUdgmenrWas~8"ntered for: (Na,;1e) ,,' CaALLENGER., '-MARY' ,- -,- Judgment was entered against ' LAMP,R.~Y, (BROWNtl STEPHANIE In a [i] LandlordiTenant action in the amount of $ 1,106.55 on 1~1 071.04 . (Date of Judgment) TIle amount of rent per month, as established by the District Justice, is $ 720.00.. The total amount of the SecuritY, Deposit is $ , : 728.0.0 . Total Amount Established bv..DJ Less. Security Deposi'tApo.li~d _ == Adjudicated3AlYlOu8to RentmArrears $ ,,' 3'60,.00 -$ . .'00 - $ '0.0. ..., Physical Damages Leasehold Property $ ." 1.,380. q_5 - $ 7:;tlt- 00 . = $ 652,..05 Damages/Unjust Detention $, ,.. .00 .- $ .00 '" $ , -00 Less Amt Due Defendant from Cross Complaint - $ .00 'Intel'est (if prqvided by lease) $ . _ 00 UT Judgment Amount $' , ' 1 .. 01 ?, .. Q5 ;Judgment Costs '$ 94 ~ 5Q Attorney Fees $ . 0 Q Total Judgment $ 1 ,lO,~ ...55 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Possession granted if money judgment is not saflSfled by tlm~ ot eVlcfi'on. . , ....., _ Possession not granted. 'D Defendants are jointly and severally liable. ' I , o Attachmentp'rohibited/ 42 Pa,C.S. ~ 8127 D This case dismissed without prejudice. [!] Possession granted. IN.AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE :FlIGHT TO APPEA\... FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE ~ROTHONOTAFlV/Cl.eRK OF COURTS O,F THE COURT OF COMMON PLEAS. CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THt=. MONEY JUDGMENT. IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROiHONOTARY/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. ONL Y THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FilE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVil DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENT/TFlANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT.AS OTHERWISE PROVIDED IN THE RULES OF CIVIL. PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMEN,. HOL.DER , EL.ECTS TO t=.NTER THE JUDGMENT IN THE COURT OF COMMON PL.EAS, AL.L. FURTH~R PROCESS MUST COME FROM THE COURT O\" 90MMONPlEAS ANO NO ,FURTHER PROCESS MAY B51SSUEO BY THE DISTRICT JUSTICE. , UNLESS THE JUDGMENT IS E:NTERED IN THE COURT OF COMMON PLEAS, ANYONE INT6AESTEDIN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IFTHEJUDGMENT DEBTORPAVS IN FULL, SETTL.ES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. DEc-t?lllltlate ~Q.~J!^.' ,DistrictJustice II certify thafthis IS. a true and correct COPY-Of. there'C. .ord of the pmcee~ containing the judgment. I ,Da.te ,." , __:' ,: ., ' District Justice Mv commission expires first Monday of January, 2008, SEAL AOPC 3151\.03 ' . ,""'''~,'. """,,,",",,'"'-r-""'f'~""~1i ~-(,~;(-+, ':~l7':,:;'l.1.>~r.....' r_....-.~...,__......~.. r"~': .'....---,...-..",; 1'. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM --l ".-,<) ,,\ ;j..:-' DISTRICT JUSTICE JUDGMENT ENl'D IN PRJllICNJI'ARY'S OFFICE 1/5/05 COMMON PLEAS No, JUDICIAL DISTRICT 05-86 CIVIL TERM NOTICE OF APPEAL Notice is given Ihat the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trlcl Justice on the date and in the case mentioned below, ~i L,,':-':.i ;~l ,- i :,~ > .:rc:'" ~~ ] MAG. DIST, NO. OR NAME OF D.J. NAME OF APPELLANT ADDRESS OF APPELLANT CITY '~!(,i_1 _i'; 1 STATE ZIP CODE " ,';,-, ,..;- _ r.;~ _ ;,::; , I ~':.' " " r>' I DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 1.'-: ! '7'" :; ,~ ," ~ ',:;: \,. ~~ild i.l li_.: " ' vs, ~:_:,c.t~-Laoic L,;;;S;"::C2-l (. .;~. ~,:'; 'il ::: J CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR L T YEAR 'i " (I'~ CH ~,-~- ~ .....c, .....{ , . ~, This block will be signed ONLY when this notation is required under PA. /I appellant was Claimant (see PA RG.P.JF R,C,P,J,P, No, 1008B, This notice 01 Appeal, when received by Ihe Districl Justice, will operate as No, 1001(6)) in action before district Justice, he A SUPERSEDEAS to the Judgment for possession In this case, MUST FILE A COMPLAINT wilhin twenty (20) oays after filing his NOTICE of APPEAL. :;jl(JnalUre 01 I-'rornonotary or Uepury PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section 01 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 trom copy 01 notice 01 appeal to be served upon appellee. PRAECIPE: To Prothonotary (Common Pleas No, (V) Vo "'Ii' r,l. ,'",], c", '" " ,appellee(s), to file a complaint in this'appeal ame of appel/ee(s) ~ (f,' ViiJ,in twenty (20) days after service 01 rule or suffe!;lill!jy of,judgment of non pros, ->~l(/ \ '~:,,: ,...7 /., ,~:~~>? ,'.' ~. ""-Signa;u;;6 q(~~_~;;'his an~rney or agent 1 - \ , , appellee(s) Enter rule upon RULE: To "iar';" 1'_':.1al12n(~~~~r Name of appe/tee(sj \ (1) You are notified thai a rule is hereby entered upon you to lile a complaint in this appeal within twenty(20) days alter the date of service of Ihis rule upon you by personal service or by certified or registered maiL (2) If you do not file a complaint within Ihis time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE, (3) The date at service 01 this rule if service was by maills the date of the mailing, ^, Date: \ \) {.' I)' ] ( ,,)- ,Year c" )() J U.K.l I! ! j ,I 'I "I j], (A, "f ~ j Signature of Prothonotary or~ / ,rJ" , White Green Yellow Pink Gold Prothonotary Copy Court File Copy Appelant's Copy Appeilee Copy 0, 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 Ihe nolice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF 0~y-\.c1nd ; 55 AFFIDAVIT: I hereby swear or affirm that 1 served ~py 01 the Notice of Appeal, Common Pleas No, o..P<J - 8<D Ci V,' I , upon the District Justice designated therein on (date of service) I ~ U ,year f),1') , 0 by pef'Sonal service []t1'<certffied) (registered) mail, sender's receipt attached hereto. and upon the appellee, (name , on I - Lt , year _ 0 ~ , D by personal service ~certified) (r istered) mail, sender's receipt attached hereto. ~ further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appeUee(s) to whom the Rule was addressed on I . IJ ,year DO . 0 by personal service [!3b11C"ertified) (registered) mail, sender's receipt attached hereto. SWORN (AFFiRMED) AND SUBSCRIBED BEFORE ME THIS . I D DAY OF0Ifh" QI'If ,YEARd.005, ../) .1, I., fl ,', " ' ',,'~{11.A ,1/\ ,('::.)\..,. : I I' Signature of official before whom aHldavit was made "J~()/lLi ~ /1/ /~I/j)./ It ) Signaw(ElofAfflanl r:- ;--;) ,-:-=:~ '.'::.-) ..:..n (,- (.~ -n TIIfe "'D Notarial Seal My on ,~~ Nolan' Public mm~-OfH8msDurg', frClU....'lifl Cal;lmy , 'J ar My C,omrrjssJon expires Oct, 27, 2006 Member, Pennsylvania Ass<X;iation Of Notaries :r:." ...,.:.:-, 0) ...0 SENDER: COfllPLETE THIS SECTION - . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the maHpfece, or on the front if space permits. 1. Article Addressed to: ('()Ull Chtt!Lwaer III 0 (tJl '::easoffi On u-L D; i1-stVl} pA 1/109 2, Article Number rr ransfer from service labeQ PS Form 3811. February 2004 COMPLETE THIS SECTION ON DELIVERY I A. Signature xX 3.Servi~ ~rtified Mail tJ Express Mail o Registered D Return Receipt for Merchandise o Insured Mail D C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes @ ~ . . .~ .~ . ~ . .~ Lt~ . ~ ~ ~. . 0 ~ cr5 c-~ ~ ~ $ '1lg 1&! ., " goo . , . . oo" ~E iii : () c. 1l~ " I , ~E it .. .E ~ I .. "" gj.g .. II. ~ ,1! I c a.:~ "'- Cl'iJ 2/..09 0000 05'IE 200/.. 7002 3150 DODD 6072 8267 Domestic Return Receipt . Complete items 1. 2, and 3. Also complete ~em 4 ~ ~tricted Delivery Is desired. . Print your ame and address on the reverse so that w can retum the card to you. . Attach thl card to the back of the maJlplece. or on the nt If space permits. 1. Article l\dd~~: f1 I ^ V\of n tI-I "yo- ~ H. I:..-lJ!) /UU'-'I (j' 'I 4(1) ~~rfJ)tO'7lS Ol~ ~CWOI PIt' '--()eu) no, 0 2. Article Number (Transfer from service labeQ PS Fonn 3811. Februal)l 2004 102595-02-M."1540 . Is delivery add.... _ Immilern 11 If YES, enter delivery address below: 3. S&rv~ ~1f1ed Mall [J Exp.... Mall [J RegJstered Cl Retum Recelpt for Merchandise [J Insured Mall 0 C.O.D. 4. Restricted Delivet)'? (Extra Fes) 0 Yes .~ .f~ ~.:; .g- "'oo ~" ~. ~E ~g .~ a:~ ~ 2 If ., . iii " o ~ .. ,1! ~ if a1 -g:g. e .~& <l.> a:'E " E. ~E oog u c "'- 7002 3150 DODD 6072 8250 Domestic Return Receipt DODD 05'IE 200/.. ~......,,- :~ .., c.-.:) () ~J~ -n (- '...~. u:;. ( I l " <.--' ~ ;',j ":i ) l Mary Challenger, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-86 CIVIL Stephenie Lamprey Brown, Defendant. CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff Mary Challenger, acting pro se, and files the following Complaint: and in support thereof, avers the following: 1. The Plaintiff, Mary Challenger, is an adult individual residing at 1 North Seasons Drive, Dillsburg, York County, Pennsylvania, 17019. 2. The Defendent, Stephenie Lamprey (Brmm) is an adult individual, residing at 28 Robin Court, Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter "Defendent~). 3. Plaintiff, Mary Challenger and her husband Richard Challenger are the owners of that certain parcel of real estate located at 3 William Penn Drive, Camp Hill, Pennsylvania, (hereinafter "Premises") upon which is located a dwelling house which the Plaintiff, acting as the owner/landlord seeks to rent to interested persons for temporary occupancy therein as tenants thereof. 4. The Plaintiff, Mary Challenger, age 5Ei, worked for the United States Navy Depot for almost 26 years as a Computer Programer Analyst and is now retired for the last four years and receives a disability retirement pension. 5. Defendent was a tenent of said property from September 1, 2000 to September 22, 2004. 6. There was a five page lease signed on August 20, 2000 by Stephenie Lamprey (Brown) which also included a additional signed GUARANTY paragraph which began with "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 owning to Owner by Resident." (See Exhibit Aj. 7. There was an improper sixty day written notice given to the landlord because a verbal notice does not qualify as a written notice. 8. The tenant, willfully and without permission, did change BOTH door locks on the front and back doors and when I asked her about the different front door lock, she gave me a key that ONLY works on the front door. 9. The original formica kitchen countertop (54 3/4 " by 25 1/2 ") and the matching formica wall area along the length of the kitchen had been in near excellent condition just BEFORE thE~ tenant had moved in. 10. Damages by the tenant in the kitchen, include but are not limited to: back door lock changed (I had no key for it), a fresh patch (about 3" by 3") missing on the formica kitchen countertop, front edge of countertop was loose and changed to white by her contractor as she said, "he could not match the formica pattern", several fresh haITlffier mark dings on countertop, fresh cracked edges on the kitchen countertop, a fresh twelve inch diagonal crack on the formica wall to the right of the kitchen sink with an additional fresh three inch spider-crack, several fresh medium dings are also noted on one of the kitchen drawers, one of the glass panes in thE~ kitchen door was changed to plastic by her instead of the original glass, the plexi-glass storm door insert had been changed by her to a glass type, the washer hoses spray water behind the washer and produce water puddles on the kitchen floor, the dryer hose had apparently slipped off and all of the dryer lint was two inches thick behind the dirty gas stove, and a missing hot water cap caused by Lamprey on the kitchen faucet. 11. Before and after the tenant moved in, I asked her to tell me if there were any problems in the house but she l',LWAYS said that "everything was just fine and there were no problems"; the only exception was the compressor problem in the refrigerator which was resolved by the landlord. 12. One day when I saw the damaged kitchen formica, she said she "did not know what had happened to it" and then the tenant complained to me that she "had spent over $500 of her own money and that she had better get all of her security deposit back!" 13. Please be aware that just four years ago, the whole house had been painted in all three bedrooms, the livingroom and hall and kitchen cupboards. 14. There was a conversation about house painting between the tenant and landlord and the landlord stated that the landlord does NOT paint between each tenant due to the high cost of labor. 15. Ms Lamprey (Brown) did NOT take due care of the house; over all, Ms Lamprey (Brown) left the house very di:cty and dusty with marks, white patches and numerous cobwebs; the walls and closet doors had greasy and dirty handprints, marks etc.; numerous white patches and several large white patches were visible on al~_ of the painted walls; the 9' x 12' bedroom had been sloppily painted (painting without permission) but the sloppy patched 8 inch hole still showed through and graffiti with the word "PIMP" was on this damaged bedroom door. 16. The smallest bedroom and the master bedroom did have new carpeting installed just before she moved in. 17. Many large stains and many dirt marks were very evident in master bedroom carpet; the smallest bedroom hac. a new beige carpet but the stains are minimal. 18. The tenant had called a carpet cleaning service for two of the rugs but did NOT bother to leave a check for the service (the landlord had left the front door unlocked for the carpet service). The rugs were NOT cleaned at that time. 19. Several light bulbs were missing but two of the bulbs were broken inside the fixture and pliers were needed to remove them. 20. Even though the house has wall to wall carpeting, Ms Lamprey (Brown) left two large room-size rugs at the curb which the regular garbage service does not take, left a broken air conditioner, left a broken gas lawn mover and left several hand tools in the outside shed. 21. The window locks were missing in 9' x 12' bedroom which made the window unsafe and easy prey for an intruder. 22. The closet doors were off the track in 9' x 12' bedroom and leaning aagainst the wall. 23. Ms Lamprey (Brown) did NOT notice that the cold water faucet in the bathroom tub had a constant drip that leaked behind the bathrom tub faucet (only six years old) which caused extensive water damage to the bathroom floor behind and next to the toilet. 24. Damages to the bathroom include but are not limited to: the complete replacement of the tub faucets as the old set was not repairable, the wooden floor under the tile had to be replaced, new Iuan had to be installed, the floor tile had to be replaced, one of the floor joists had to be reinforced, new vinyl baseboard was installed, a 12 inch by 12 inch section of wall behind the toilet had been smashed in and had to be replaced, the cupboard above the toilet now has a smashed side with a broken middle shelf inside. 25. In addition several UNSAFE conditions and FIRE hazard were also found by the landlord: the smoke alarm was NOT in working order; leaking gas near the gas furnace apparently due to thE~ valve turned off then on; the washer hoses behind the clothes washer producing water puddles on the kitchen floor. 26. No other problem had been found by the heating contractor in the gas furnace. 27. Ms Lamprey (Brown) has a credit of $700 security deposit plus interest of $28 for a total of $728 but the expenses and damages far exceed this amount. 28. DUE TO SIGNED GUARANTY CLAUSE IN THE LEASE, ALL OF THE COURT COSTS AND LAWYER FEES AND THE TOTAL EXPENSE OF COURT PROCEEDINGS WILL BE ADDED TO THE TOTAL BILL. 29. PLEASE NOTE THAT WE HAVE TAKEN VIDEO PICTURES OF DAMAGES. 30. The Premises remains vacant and unoccupied due to the lack of interest of the prospective tenants who saw the dirt and damages left by the last tenant Stephanie Lamprey Brown. 31. As of January 21, 2005, four months of rental income of $720 per month have been forever lost for a TOTAL RENTAL INCOME LOSS OF $2880. WHEREFORE, Plaintiff respectfully request that this Honorable Court enter judgment in her favor in the amount of $ 2519.75, (SEE EXHIBIT ~ plus interest and any other monetary relief that this Court deems proper. Respectfully submitted, ~a~ Mary Challenger 1 North Seasons Drive Dilsburg, Pa. 17019 717-432-8330 Dated: January 21, 2005 SIGNING 08/20/2000 HOUSE TERM DATE BEGINS 3 WILl,IAM PENi'rDRIVf----'-------i)-9T017;1odo-'~ CAMP HILL, PA. 17011 ~O' filA' r MONTHLY RENT $700.00 - SECURITY DEPOSIT -.-."$Too-;-oo-.---- ----- RESIDENT STEFANIE LAMPREY OWNER (S) MARY CHALLENGER Intending to be legally bour,d, Owners hereby lease to Resident, and Resident, jointly and severally if mure 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 ini tio.l one-year term and continuing until this lease is terminated as provided herein, under the provisions and occupancy regulations set forth in thlS 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 (1 Nortll 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 will determine the date of payment. If any check for rent i.s returned to Owners for insufficient funds or other reason, late cllarges wiJ.l continue until the rent is actually paId by Resident along with any service charges for the returned checks. 2. TERMINATION BY OWNERS. Owners may tetmlnate thlS lease wlthout cause by giving sixty (60) days pnor wotter, n')tice 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 oniy by gi"ing written notice to Owners, at least two (2) full calendar months in ~dvance of the termination date, which nnlst be the last. day of a calendar month, and by thereafter paying to Ovmers( as the same becomes due, all rent due to the termination date. If a termination of the lesse 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 gi"en, liquidation damages for premature termination, wllich shall be security deposit if the lease terminates during the tirst nine (9) months of the lease term, and which shall be two-thirds 12/3) of that amount if the lease tet-mInate. dudng the tenth or eleventh months of the initial lease ter.m. Owners shall be enUtled to retain all rent for the house to the t.ermination date, regardless 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 suell person for substitute ludgin\l, Inc.luding motel lodging, for himself and his family untU possesoiun 10 sunender.ed and for three (3) days thereafter and all expenses of movin9 and swring household r PAGE 2 goods occa.!Sioned by the fatJ ure of Resident to surrender' possession. Resident agrees that any succeeding le.ssee 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. Ovmers 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' 5 wnmgf~l holding over after termination of the lease t.erm. 4. RENT INCREASES. Owners mayinclease t.he monthly rer.lt 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 iIl which the increase in rent or change in the lease terms becomes effective, but Owners may not make an increase in rent or change 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 shz,ll take effect in the manner specified by Owners unless Resident shall terminate the lease as provided in paragraph 3 within ten (10) days after n.otice of a rent increase or change of lease teuus is qiven hy Owners. 5. ~. Resident agrees to use the house only as the personal resideYlce of Resident and such (If their children as are named in Resident's rental application heretofore filed wlth Owners, and not to assign this lease or sublet the house or any part thereof. Resident agrees that no trade, craft, business, occupati8n or profession will be cal'ried on or be practiced upon the premises. t-lesident a9'rees not to alter or make additions to the house, Lts painting or its fixtures and appliances without Owners I written consent. 8.esideIlt agrees not to do or permit any act or practice injurious to tile house, which may affect the insurance on the hOllse, 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) fox' water consumed in [.I.llsideflt' shouse. Rllsident will pay the utility company iPPLI for elect.ricU:y consumed in Resident's house. Residen,t shall at. his own ex,penae provide his own TV cable service and/or telephone service. Owner shall at his own expense provide sewer and refuse services or utilities Ithis service/ut.ility bill is calculated by Lower Allen Township). R,'sident agrees that Owners may temporarily suspend any utility service, in the event of accident or to permit repairs or alterations. Cllmers shall not be liable for fallure to supply heat, hot water or: other services or utilities when SUGh failure shall be beyond OW1!,=,'rs J control or.' to enable Owners to service or repair installaLions. 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 sanH.ary sewers, and to give notice to Owners of the need for repair thereof, and to pay for all cepairs 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 the part of the Resident, members of Resi.dent's family, or his visito,rs. Owners will make necessary repairs to the hO'..1$e anti the appliances therein within a reasonable time after Restdent notifies Owner of the need for repairs. A PAGE 3 8. OWNERS' LIABIJ,ITY. Owners shall not be liable for property damage or personal injury-resulting from any failu.t"e to maintain or repair the house, the appliances therein, or any other part of Owners' property unless the damage or injury resul ts .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' roegligenc:e. 9. OCCUPANCY. If Resident, occupies the house before the lease ter"m commences, the occupancy shall. be subject to the t~erm6 of this lease and Resident shall pay the rent stated herein from the date of occupancy. 10. DAMAGE BY fIRE. If the house is damaged by fire or other casualty, Owners shall repair it within a reasGnable time and rent shall continue unless the casualty renders the house untenar.table, 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 <)t 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 leas8, and after notice of termination is given, to show the house to prospective Residents. 12. SECURITY DEPOSr'!:. Resident agrees to pay the security deposit set forth above prior to cccupance of th.. house. The security deposit shall be held by Owners as security for the payment of all rent and other amounts due from Resident to Owners, for: the Resident's performance of this lease, and against any dan<a'les caused to the house or any other part of the Owners' property by Resident, his family and guests. Resident understands and d.qrees that the securi ty deposit may NOT be applied as rent or against any other amOclnt 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 leas.. term. Withi.n thirty (30) days followIng termination of this lease, Owners shall return the security deposit, plus sImple interest after two (2) years of residency, less any deductIons from it on accoucct of amounts owed by Resident to Owners, to RefJident by check payablE' to all persons signing this lease, mailed to a forwarding address which must be furnished by Resident in writing. 13. OWNERS' REMEDIES. If Resident shall fail to pay rent, or any other sum, to Owners when due, shall default in any other provisior:s of this lease, or shall remove or attempt to remove any of his possessions from the premises before paying to Owners aU rent clue to the end of the lease term, Owners, in addition to all other remedies prOVide by law, may: (a) Distrdn for rent. Resident waives the benefU of all Laws or usages exempting any property from di.strain for t.:mtf and waives ? PAGE 4 appraisen<ent of any property distrain. (bi Terminate this lease. Resident specifically waives the right to the three (3) months' notice dnd to fifteen (IS) or thirty (30) days notice required by tile 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 tender"d thi.s lease to Resident, and Resi.dent 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 Owners to enter into this lease with Resident, and in the event that any of the information cDntained in the said rental applIcation shall be found by Owners to be misleading, .incorrect or untl.~ue, 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 mis.representation. 15. THE TERM "RESIDENT". The term "Resident" used her.ein shall refer collectively to all per.sons named above, and signing this lease as Resident, and the liability Df each person :lhall be joint and several. Notice given by Owners to any pe.rson named dS P.esident, or by any such person to Owners, shall bind all persons stgni'ng this lease as Resi.dent. 16. PETS. It is understood and agreed that NO pets shall be permitted upon the premises. 17. HEATERS. It is understood and agreed ::hat no kerosene heaters or electric heater units al:e perm.itted up()n the premises 16. SUBORDINATION. This lease shall be sub:.>rdiniite to all present or future mortgages against: the property. 19. LANDSCAPING. It is understood and agreed that can be done without_ the express permission of t~H; Owner. hose shall remain with the house. no landscaping The outside 20. APPLIANCES. Owner has flHnIshed r eft i'Jerator, gas stove, washer, and gas dryer. All sa.id items shall _remain with the house. Owner and Resident both agree to pay one/half each of allY repair bills for the above appliances used by the Resident. 21. CURTAINS/DRAPES. Owner has furnished all the window curtatns and/or drCipes and window hardware and ba.throom curtaJ"n and bathroom liner an.d said items shall remain with the hOUSH. 22. KEYS. Keys to premises shall be proInp;..ly retuI'ned 'to Owner at the end or termination of this lease. 23. Resident the Owner OTHER. The Sunbeam Gas GriJl belongs to the may use the gas grill subject to n<e terms of requests for the above said gas grill.. Owner. The this lease until 24. HEADINGS FOR CONVENIENCr.: ONLY. The d€$Cllpti ve headings in this lease-are~inserted for-c,)nver:;Tf?'ii-ce only ann shall net. control or ~ PAGE 5 affect this meaning or construction of any of the provi.sions hereof. Q}j'NE!<IS2. l)~,~ID.f~1! ~~~ ''1t--~ ~~ GUARANTY Intending to be legally bound, and in consideration of the lease with the above Resident, the undersi9ned, ]ldntJ.y and severally, hereby become surety to Owner for t:he performance of the lease by Resident and guarantees payment of all sums beco;ning o'",Ing to Ow"er by Resident. ThIs agrement shall remain in effect througl'out I:he terra uf the lease, and notwithstanding any change in the Lerllls of the lease or in the amount of rent without nodee to the undersigned. The liabiLity of the undersigned is absolutel continuing and unconditional and Owner shall not be required to proceed against Resident or invoke any other remedy before p.toceeding against the undersigned. Notice of acceptance of Uus agreement and notice of any defaulr are wajved. ):late ~icfw~ x -zD-- db , ...A, '"f' .rl v "" (3, e. U7 tr .;1 It.$ ItCTVIt1-<-. v/7~ ~'I'r fi"-~ v~'.".,.u /!!::r h~ I9""1'"r l~ I ':$/ r:H/.,I't ~ ,~ 'fYh,<yc." ea.. 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P1 S'.~o '-(S.O 0 170,;3<- ,,{)(/,oo J/. fA 0 'td 0 :3 s'1.1Lf '1.34 /~I ;L N~tH ~~ - ~ ;;-103.::2.5 - '1 ~ &'~ 0 0 <f' I ~1!>J ~S I" q q , 1:0 'f SD , () 0 tI! ;; S-I ~.7~ '- ALlgUSI 4, 2004 Mary Challenger: This is to provide you notice that] will be moving aliI at the end of September. ] will have everything moved out the weekend of September! 8.19,2004. Stefanie Brown u ~ ()JLQJZ_b-. r!l J rZDOIJJ, uxud rnLf n.u rr:).~V7aru(:vtx:J /jJ)t 170::' o......".",.n....w.".,._l!"V'~.:"....-..,.. T. \.'-~"r.'-lr'''''~''~''<''''''''''~''''''-'\'l':'.~'i';'~.~, .1II....~.~,1'I'.,~,"'."'I\'.~., l!PI"",."o"_",r,, ~~~ '".'I~"""?"""V""'" '",.",,", 1- - ---.- - - ._-..:...... ...----"-...:.-'----.:..:...-.:...-...- -_: .-'..--- ._- . I 8 & R LOCKSMITHIN(; -- - - --- -- I 6317 CHESTERFn~LD LANE 1 I__~___ . 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(717) l'lIN5Il9 FAX (717) - o DAY WOf!/( Jll8 D CONTRACT DEXTRA .1011_ TEfIMS ~ ..!! . .,.., AMfWf{t. ., ., ,. j ,. , " . ., ' ., "" , , i , " , /, ," ' ., . \' [..<Ii. ~;';/ c. .; , "\ i , . / / r'\.} .' ; , .' ." J OTHSICHAIl'G8 I /., ':. / ! I i"j' / i / , I , , \, ,,// ,.~.,.,,,."."- " TOTAL OTHER . ~ - - MIMT, """"..,,-,.',-,. "'.' , .) . . "; .. \ . , TOTAL I.A1JOR /' , , I 70TAL MATEIf/N.S rOTA/. MATERIJILS I rorA/. 07HfiR --.. -. . .. - , , rU(ZA/II~ ~S fJIUJ-r w.4"S ~/A./'IJ-- ~-?J /~ ~ H-(/.f'l?.' k SIl'1'1> ~ L.-Ork.. /.t/PrS ;fIOS'r I1keuj t.11,)(ED 8Y f4",ro~7V~/';./'- ~r/IfJ. '*' ~ SHIREMANSTOWN BOROUGH LOWER ALLEN TOWNSHIP NEW CUMBERLAND BOROUGH LEMOYNE BOROUGH CHARLES A. CLEMENT, JR. DISTRICT JUSTICE DISTRICT COURT 09-1-01 OLDE TOWNE COMMONS 400 BRIDGE STREET. SUITE #3 NEW CUMBERLAND. PA 17070 OFFICE (717) T!4-5989 (717) 774-8839 FAX (717) 774-6684 EFFECTIVE 01/01/04: COSTS TO F'lLE CIVIL/LANDLORD TENANT COMPLAINTS ARE AS FOLLOWS: CIVIL: + $8.50 + $25.00 $1.00 to $500.00 >>>$49.50 $58.00 $74.50 $501.00 to $2000.00 >>>$62.50 $7] .00 $87.50 $2001.00 to $4000.00 >>>$76.00 $84.50 $101.00 $4001.00 to $8000.00 >>>$]08.50 $117.00 $133.50 RESTRICTED MAIL: $ 8.50 (PER DEFENDANT) If they live at sam(' address and have Ififferent last names. CONSTABLE SERVICE: $ 25.00 (PER DEFEl'IDANT) If they live at same address and have different Jast names. Service for most of Cumberland County. Contact our office. LANDLORD/TENANT: + $25.00 $1.00 to $2001.00 to $4001.00 to $2000.00 $4000.00 $8000.00 >>>$69.50 >>>$82.50 >>>$] 08.50 $94.50 $107.50 $133.50 LANDLORD/TE~:4NT COMPLAINTS MUST BE SERVED BY CONSTABLE. *]F YOU SHOULD 11.4 "E ANY FURTHER OUESTlONS- PLE4SE CONTACT OUR OFFICE. ~(,M~'~;. "": 'T""l<l,'~I~ ,..., ....."'..'NA'_~W.".," ~ - if .. N f'~ Uo' Q~~ ... ~; ~; Uo' ~~ ....:I .~~... N .... . I ~Vlr') tl:l ~~~ ....:I - .. I 0 ~ U"l III CJ CJ CJ .... .IJ .IJ l" CJ = . I I " ~ tJIt ~ 3 ..(: B l~ I-" I-" ~ ~ ,-> C".-:' c",:" .(~Jl '-- ~ ::J~', o -n ..... -,. I') ;..'" -r;) ::.J~ ':? C...."' G~' MARY CHALLEGNER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 05-86 CIVIL STEFANIE LAMPREY BROWN Defendant CIVIL ACTION- LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Mary Challenger, in the above captioned matter. Respectfully submitted, Dated: )-S-6S" By: nt., as 1. ass , Esquire Attorney 1. . No. 92895 3631 North Front Street HaTrisburg, P A ] 7] 10 (717)-232-7661 Attorney for Plaintiff CERTIFICATE OF SERVICE~ rY. I h~by certify Iboll mwe ,~oo ""'I'y ofIb, wiIhin ',com"'l Ihi~ of ~htA.laO' ,2005, on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage pTepaid, addressed to: Douglas B. Marcello, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, P A 171 08 CALDWELL & KEARNS Byl J.1ldLtMiaPI ~C ' DLC/mab 05-70/84088 ,~.., ~1 Pi C:) ;1.' ( ."'\ 0.:'1 C',) MARY CHALLENGER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAl'ID COUNTY, P A v. STEPHENIE LAMPREY BROWN Defendant NO. 05-86 CIVIL CIVIL ACTION-LAW PRELIMINARY OBJECTIONS OF DEFENDANT 1. LACK OF STANDING 1. Plaintiff, in her Complaint, alleges that she and her husband are the owners of the property upon which she bases her action. (Plaintiff's Complaint, para. 3). 2. Plaintiff has sued only in the name of Mary Challenger and not in the name of her husband who also is alleged to own the premises. 3. Plaintiff, Mary Challenger lacks standing and/or has failed to name an indispensable party in bringing this action. 4. As Plaintiff has failed to name an indispensable party, Defendant requests this Honorable Court to dismiss Plaintiffs Complaint. II. MOTION TO STRIKE IMPERTINENT OR IRRELEVANT MATTER 5. Plaintiff has alleged impertinent and/or irrelevant matter at various parts of her complaint which is prejudicial, unfair, and/or improper including but not limited to the averments in paragraphs 4, IS, and 29. 6. Defendant requests this Honorable Court to strike said paragraphs. Respectfully Submitted: ~~~~<-~ D glas . Marcello Marcello & Kivisto, LLC 1501 Commerce Dr. Carlisle, PA 17013 (717)240-4686 tL';~ February 9, 2005 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, PA on the 9th day of February, 2005. Mary Challenger I North Seasons Dr. Dillsburg, P A 17019 ~)S.'kP~~ Do as B. Marcello -" I'~,._, CO U) \.C:' en MARY CHALLEGNER and, RICHARD CHALLENGER, husband and wife IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No.: 05-86 CIVIL STEF AN IE LAMPREY BROWN Defendant 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 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 ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOClA TION 32 South Bedford Street Carlisle, Pennsylvania (717)249-3166 MARY CHALLEGNER and, RICHARD CHALLENGER, husband and wife IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No.: 05-86 CIVIL STEF ANlE LAMPREY BROWN Defendant : CIVIL ACTION - LAW NOTICIA Le han demand ado a usted en la corte. Si usted quiere 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 0 en persona 0 por abogado y archivar en la corle en forma escrita sus defensas o sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corle tomara medidas y puede entrar una orden contra usted sin previa a viso 0 notificacion. y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades a atros derechos imporlantes 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 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 MARY CHALLEGNER and, RICHARD CHALLENGER, husband and wife IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No.: 05-86 CIVIL STEF ANIE LAMPREY BROWN Defendant CIVIL ACTION - LA W AMENDED COMPLAINT AND NOW, come the Plaintiffs, Mary Challenger and Richard Challenger, husband and wife, by and through their attorneys, Caldwell & Kearns, and files the within Amended Complaint; and in support thereof avers the following: I. Plaintiffs, Mary Challenger and Richard Challenger, husband and wife, are adult individuals residing at I North Seasons Drive, Dillsburg, York County, Pennsylvania 17019. 2. Defendant Stefanie Lamprey Brown, is an adult individual residing at 28 Robin Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about August 20, 2000, Plaintiffs leased the premises located at 3 William Penn Drive, Camp Hill, Pennsylvania, ("the property") to the Defendant, under a residential lease agreement, a copy of which is attached hereto as "Exhibit A" and incorporated herein by reference. 4. The lease began on September I, 2000, with a term of one (1) year, and an automatic renewal clause. 5. Defendant resided in the property as a tenant from September 1,2000, to September 22, 2004. 6. Defendant's monthly rental rate of Seven Hundred ($700.00) Dollars was payable in advance on the first day of each month. 7. Defendant entered into possession of the leased premises on September 1, 2000, in accordance with the terms of the lease. 8. In accordance with the terms of the lease, Defendant also tendered a security deposit in the amount of $700.00 to Plaintiffs. 9. On or about August 4,2004, Defendant informed the Plaintiffs in writing of her intention to vacate the property on the weekend of September 18 though 19,2004. A true and correct copy of the notice from Defendant is attached hereto as Exhibit "B" and incorporated herein by reference. I O. Defendant's notice to tenninate was not provided sixty (60) days in advance of the temlination date, thereby violating the lease provision requiring that a tenant wishing to terminate the lease provide notice of the termination sixty (60) days in advance of the termination date, which must also be the last day of a calendar month. See "Exhibit A" Paragraph 3. II. In this matter, September 18 through 19,2004 was less than sixty (60) days from the initial notice termination given by Defendant, on August 4, 2004. 12. After providing written notice of an intent to terminate the lease on August 4, 2004, Defendant was obligated under the terms of the lease until at least sixty (60) days from the date of said notice. See Exhibit "A" Paragraph 3. 13. Under the terms of the lease requiring the termination date to be the last day of a calendar month, Defendant was obligated under the terms of the lease until October 31, 2004, which is the next end of a calendar month following sixty (60) days notice. 14. On or about September 22, 2004, Defendant vacated the lease premises and surrendered procession thereof to the Plaintiffs. 15. The lease, however, did not officially tenninate until October 31,2004, as provided under the tenns of the lease. See "Exhibit A"' Paragmph 3. 16. At or prior to the time when Defendant vacated the premises, Defendant damaged the leased premises and otherwise breached the lease by failing to surrender the leased premises in substantially the same condition in which it was leased to the Defendant. 17. Damages to the premises include, but are not limited to, the following: a. Removal and replacement oflocks, and locksmith fees b. Replacement offonnica countertop c. Miscellaneous cleaning of walls and entire home. d. Carpet Cleaning e. Replacement of multiple light fixtures, and bulbs f. Removal of excess trash refused by refuse service g. Cost of paint h. Painting labor i. Replacement of window sash locks j. Repair and replacement of kitchen faucet k. Bathroom repair and materials l. Replacement of front locks and trim of door m. Cost of fixing leaking gas into house believed to be caused by Defendant n. Improper sixty (60) day notice provided $102.00. $166.00. $210.00 $186.89 $5.00 $45.00 $ I 70.36 $600.00 $11.60 $4.00 $357.44 $15.12 $105.00 $720.00 Total cost of repairs: $2,698.41 18. The fair and reasonable costs of repairing and replacing the broken and missing items described above are approximately $2,698.41. 19. Plaintiffs have applied Defendant's security and the interest thereon in the amount of $728.00 for repairs owed by the Defendant, leaving a balance due to the Plaintiffs of $1970.41. 20. Plaintiffs rightfully withheld the security deposit and applied said deposit towards the damages to the property caused by Defendant. 21. Plaintiffs have demanded upon Defendant payment of the outstanding balance due and owing, however, Defendant has failed and refuses to pay the same or any part thereof. WHEREFORE, Plaintiffs, Mary Challenger and Richard Challenger, husband and wife, respectfully request this Honorable Court to enter judgment in their favor and against Defendant, in an amount not in excess of$25,000.00, including costs, reasonable attorney fees, and any other relief this Court deems necessary and appropriate. Respectfully submitted, CALDWELL & KEARNS ./;/ / Dated: J-d~-O) By: glas . Cass , Esquire Atto ey LD. No. 92895 3631 North Front Street Hanisburg,PA 17110 (717)-232-766] Attorney for the Plaintiffs CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this _ day of ,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 Marcello & Kivisto, LLC 1501 Commerce Avenue Carlisle, PA \7013 CALDWELL & KEARNS By DLC/mab 05-70/84457 VERIFICATION We, verify that the averments in this document are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By: M~~~n~d/I'O"",- By: ---x~ ~~ Richard Challenger PLAINTIFF'S \ EA'IBIT . SIGNING 08/20/2000 HOUSE 3 WILLIAM PENN DRIVE CAMP HILL, PA. 17011 TERM DATE BEGINS ---097017200-0-- MONTHLY RENT $700.00 SECURITY DEPOSIT .-$700.-00-.---- RESIDENT STEFA.~IE LAMPREY OWNER(S) MARY CHALLENGER Intending to be legally bour.d, Owners nereby iease to Resident, and Resident, jointly and severally if more than one (I), 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 J.nitial one-year term and continuing until this lease is terminated as provided herein, under tne 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 montn, in advance, mailed to the home residence of Owners (1 North Seasons Drive, Dillsburg, Pa. 17019). Resident further agrees to pay a late payment charge of $5.00 per day on late rental payments, beginrling on the third Drd) day of each month. If rental payment is mailed, the postmark date will determine the date of payment. If 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 wcitten notice to Re6ident, but no terminacion 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 cwo (2) full calendar months in advance of the termination date, which nlLlst be the last day of a calendar month, and by ther-eafter paying to Owners, as the same becomes due, all rent due to the termination date. If a termination of the lease by Resident takes effect during the Lnitial one-year term of the lease, Resident shall also pay to Owners, at the time notice of termination is given, liquidation damages for premature termination, which shall be security deposit if the lease te1~inates during the first nine (9) months of the lease term, and which shall be two-thirds (2/3) of that amount if the lease terminates during the tenth or eleventh months of the initial lease tet"m. Owners shall be entitled to retain all rent for the house to the termination date, regardless 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 lodgin\l, including motel lodging, for himself and his family until posses~ion i-;s 6ut'.tendered and tor 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. O;mers 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'-ll holding over afteT termination of the lease term. 4: . RENT INCREASES. owners may i nCI'eaae the monthly rer..t or change the teTms 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 becomes effective, but Owners may not make an increase in rent or change 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 tetThS shall take effect in the manner specified by Owners unless Resident shall terminace the lease as provided in paragraph 3 within ten (101 days after notice of a rent increase or change of lease terms is given by Owners. 5. USE. Resident agrees to use the house only as the personal reside:lce of Resident and such of their children as are named in Resident's rental application heretofore filed with 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. Resid&nt agrees not to alter or make additions to the house, its painting or its fixtures and appliances without Owners' written consent. Resident agrees not to do or permit any act or practice injurious to the house, which may affect the insurance on the house, 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 chs utility company (PA AMERICAN WATER COMPANY) for water consumed in Resident's house. Resident will pay the utility company (PPLI for electricity consumed in Resident's house. Resident 5h~11 at his own expense 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. Owners shall not be liable for failure to supply heat, hot water or other services or utilities when such failure shall be beyond OWllflrs' 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 the part of the Resident, members of Resident's family, or his visitors. Owners will make necessary repairs to the hOlJse 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 fal1ul'e to maintain or repair the house, 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. I f Resident occupies the house befor.e the lease term CQlmnenCes, 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 house is damaged by fire or other casualty, Owners shall repair it within a reasonable 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 furt.her 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 insp~ct, make repairs or alterations as lleeded, to enforce this lease, and after notice of termination is given, to show the hous~ to prospective Residents. 12. SECURITY DEPOSIT. Resident agrees to pay the security deposit set forth above prior to cccupance of the house. The security deposit shall be held by Owners as security for the payment of ail rent and other amounts due from Resident to Owners, for the Resident's performance of this lease, and against any damages caused tc 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, an.d that the n\onthly rent will be paid each month, inCluding the last mont:h of the lease term. Within thirty (30) days following t:erminat:ion of this lease, Owners shall return the security deposit, plus simple interest after two (2) years of residency, less any deductions from it on account of amounts owed by Resident to OWners, to Resident by check payable to all persons Signing this lease, mailed to a forwarding address which must be furnished by Resident in writing. 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: (a) Distrain for rent. Resident waives the benefit of all laws or usages exempting any property from distrain for l:ant, and waives PAGE 4 appraisenlent of any property distrain. (bi Terminate this lease. Resident specifically waives the right to the tllree (3i months' notice and to fifteen (15i or thirty (301 days notice required by tite Act of Assembly of April 6, 1951, P.L. 69, and agrees t.hat five l5) days not.ice l.1f t.ermi,nation 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 Owners 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. ~otice given by Owners to any person named as Resident, or by any such person to Owners, shall bind all persons sJgn.1.ng 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 chat no kerosene heaters or electri-= heater units are permj,tted 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 agreed Utat can be done without the express permission of t"e Owner'. hose shall remein with the house. no landscaping The outside 20. APPLIANCES. Owner has fur nIched reftiqerator, gas stove, washer, and gas dryer. All said items shall remain with the house. Owner and Resident both agree tc 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 promp,cly returned [0 Owner at the end or~lUination of this lease. 23. Resident the OWner OTHER. The Sunbeam Gas Gdll belongs t.o the may use the gas grill subject to the terms of requests for the above said gas grill. Owner. The this lease until 24. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this lease are inserted for convenience only and shall net control or PAGE 5 affect this meaning or construction of any of the provisions hereof. OHNER(Si ~SID1'e~!! <-'11--~ ~~ GUARANTY Intending to be legally bound, and in consideration of the lease with the above Resident, the undersigned, Juintly 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 througi'out I:he term uf 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 ufl,:-::onditional and Owner shall not be required to proceed against Resident or invoke any other remedy before proceeding against the undersigned. Notice of acceptance of this agreement and notice of any default are '"ajved. Date Signature , . 1'dW--~ ~--lD--db PLAINTIFF'S I JSBIT August 4, 2004 Mary Challenger: This is to provide you notice [hat I will be moving out at the end of September. 1 will have everything moved out the weekend of September 18-19, 2004. Stefanie Brown ().il.Q b. cO J /Z-.DblJ) CiJUJd- rnLf nuu ~ - fY9--eCJ7a/Ue!J0:J /jJ)J170~:' ~ ..,.., g, r;:;. .-;:J ~ "3 I.!? :t:-. 0 .f.i' MARY CHALLENGER and RICHARD CHALLENGER Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO.: 05-86 CIVIL STEPHANIE LAMPREY BROWN Defendant CIVIL ACTION-LAW PRELIMINARY OBJECTIONS OF DEFENDANT I. Defendant, Stephanie Lamprey Brown objects to Plaintiffs' Complaint. 2. Plaintiff, Mary Challenger initiated this landlord-tenant action against Defendant by filing a district justice complaint. 3. At the time of that filing, Mary Challenger was the sole plaintiff. 4. After Defendant appealed the district justice's decision, Plaintiff filed a complaint in this Court and, again, Mary Challenger was the sole plaintiff. 5. In her complaint, Plaintiff alleged that the leased property was owned jointly by her and her husband, Richard Challenger. 6. Defendant objected that Plaintiff failed to include an indispensable party, her husband, Richard Challenger and moved for the dismissal of the action. 7. Plaintiff has filed an "amended complaint." 8. Plaintiff has added another party, Richard Challenger, as part of the "amended complaint." 9. Richard Challenger was not a party to the original action before the district justice. 10. Richard Challenger was not a party in the complaint pursuant to the rules requiring the filing of a complaint. 11. Plaintiff has now added Richard Challenger as a party. 12. Defendant has never been served with an action in which Richard Challenger was a plaintiff. WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiffs Complaint. Marcello & Kivisto, LLC ~~L( :7<-_ D glas B. Marcello Marcello & Kivisto, LLC 1501 Commerce Ave. Carlisle, P A 17013 (717) 240-4686 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 j' depositing same in the United States Mail, First Class Mail, in Carlisle, P A on the k""C'" dayofM"""'tL. ,2005. Douglas L. Cassel Caldwell & Kearns 3631 N. Front. St. Harrisburg, PA 17110-1533 1'1 f.-- I>. I C) u_ ',_0 \ -.~ (~) MARY CHALLENGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 05-86 CIVIL STEFANIE LAMPREY BROWN Defendant CIVIL ACTION LAW SECOND AMENDED COMPLAINT AND NOW, comes the Plaintiff, Mary Challenger, by and through her att rneys, Caldwell & Kearns, and files the within Second Amended Complaint; and in sup ort thereof avers the following: I. Plaintiff Mary Challenger is an adult individual residing at 1 North Seasons Drive, Dillsburg, York County, Pennsylvania 17019. 2. Defendant Stefanie Lamprey Brown, is an adult individual residin at 28 Robin Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about August 20, 2000, Plaintiff leased the premises located at 3 William Penn Drive, Camp Hill, Pennsylvania, ("the property") to the Defendant, under a residential lease agreement, a copy of which is attached hereto as "Exhibit A" an incorporated herein by reference. 4. Plaintiff and her husband, Richard Challenger, own the property as tenants by the entireties. 5. Plaintiff, acting as the anthorized agent for the tenancy by the entir ties, leased the property to Defendant. 6. The lease hegan on Septemher ], 2000, with a term of one (I) year, and an automatic renewal clause. 7. Defendant resided in the property as a tenant from September I, 2 00, to September 22. 2004. 8. Defendant's monthly rental rate of Seven Hundred ($700.00) Doll s was payable in advance on the first day of each month. 9. Defendant entered into possession of the leased premises on Septe ber I, 2000. in accordance with the terms of the lease. 10. In accordance with the terms of the lease, Defendant also tendered security deposit in the amount of$700.00 to Plaintiff. II. On or about August 4, 2004, Defendant informed the Plaintiff in w iting of her intention to vacate the property on the weekend of September] 8 though 19,2 l04. A true and correct copy of the notice from Defendant is attached hereto as Exhibit" " and incorporated herein by reference. 12. Defendant's notice to terminate was not provided sixty (60) days i advance ofthe termination date, thereby violating the lease provision requiring th t a tenant wishing to terminate the lease provide notice of the termination sixty (60) d ys in advance of the termination date, which must also be the last day of a calendar mo h. See "Exhibit A" Paragraph 3. 13. In this matter, September] 8 through 19, 2004 was less than sixty ( 0) days from the initial notice termination given by Defendant, on August 4, 2004. 14. After providing written noticc of an intent to terminate the lease on August 4.2004. Defendant was obligated under the terms of the lease until at least sixty ( 0) days from the date of said notice. See Exhibit "A" Paragraph 3. 15. Under the terms of the lease requiring the tennination date to be th> last day ofa calendar month, Defendant was obligated under the terms of the lease un il October 31, 2004, which is the next end of a calendar month following sixty (60) ays notice. 16. On or about September 22,2004, Dcfendant vacated the lease pre Ises and surrcndered proccssion thereof to the Plaintiffs. 17. The lease. however, did not officially temlinate until Octobcr 3 I, 004, as provided under the temlS of the lease. See "Exhibit A" Paragraph 3. 18. At or prior to thc time when Defendant vacated the prcmises, Defe dant damagcd the leased premises and othcrwisc breached the lease by failing to surrel der the leased premises in substantially the same condition in which it was leased to the Defendant. 19. Damages to the premises include, but arc not limited to, the follow'ng: a. Removal and replacement oflocks, and locksmith fees $102. b. Replacement of formica countel10p $166. c. Miscellaneous cleaning of walls and entire home. $2 I O. d. Carpet Cleaning $186. e. Replacemcnt of multiple light fixtures, and bulbs $5.00 f. Removal of excess trash refused by refuse service $45.0 g. Cost of paint h. Painting lahor i. Replacement of window sash locks j. Repair and replacement of kitchen faucet k. Bathroom repair and materials L Replacement of front locks and trim of door m. Cost of fixing leaking gas into house believed to be caused by Defendant n. ImpropeT sixty (60) day notice provided Total eost ofrepairs: $600.0 $11.601 $4.00 $357.4 $15.12 $105. $720. $2,69 20. The fair and reasonable costs ofrepairing and replacing the broke missing items described above are approximately $2,698.41. 21. Plaintiffhas applied Defendant's security and the interest thereon i the amount of S728.00 for repairs owed by the Defendant, leaving a balance due to th Plaintiff of $1970.41. 22. Plaintiffrightfully withheld the security deposit and applied said d posit towards the damages to the property caused by Defendant. 23. Plaintiff has demanded upon Defendant payment of the outstandin balance due and owing, however, Defendant has failed and refuses to pay the sam or any part thereof WHEREFORE, Plaintiff Mary Challenger respectfully request this Honor' ble I Court to enter judgment in her favor and against Defendant, in an amount not in e cess of $25,000.00. including costs, reasonable attorney fees, and any other relief this Co Irt deems necessary and appropriate. Respectfully submitte Dated: ) '0%- 0)' By: VERIFICATION I verify that the avernlcnts in this documcnt are true and correct. ] underst nd that falsc statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relati g to unsworn falsification to authorities. By: M~ger PLAINTIFF'S EA'IBIT . SIGNING 08/20/2000 HOUSE TERM DATE BEGINS 3 WILLIAM PENN-DRIVE--.----097(i1720~-~ CAMP HILL, PA. 17011 MONTHLY RENT $700.00 SECURITY DEPOSIT ---$760-.-00--- --- RESIDENT STEFJL~IE LAMPREY OWNER(S) MARY CHALLENGER Intending to be legally bour.d, Owners hereby lease to Resident Resident, jointly and severally if mon~ than one (1), leases from Owners, the house designated above, for a term consisting of an ini one-year term beginning on the term date designated above and a fur term conunencing on the expiration of the Jnitial one-year term and continuing until this lease is terminated as provided herein, under provisIons and occupancy regulations set forth in this lease. and ial her the 1. RENT. Resident agrees to pay to owners the monthly rent 5e forth above on the first day of each month, in advance, mailed to t e home residence of Owners (1 North Seasons Drive, Dillsburg, Pa. 17019). Resident further agrees to pay a late payment charge of $5.00 per d y on late rental payments, beginning on the third (3rd) day of each mant If rental payment is mailed. the postmark date will determine the d te of payment. If any check for rent is retu.r-ned to Owners for insufficient funds or other reason, late charges will continue unti the rent is actually paid by Resident along with any service charges fo the returned checks. 2. TERMINATION BY OWNERS. Owner3 may termir.ate this lease wit cause by giving sixty 1601 days prior wrltten notice to Resident, b terminacion by Owners without cause may take effect during the init" one-term of the lease. 3. TERMINATION BY RESIDENT. Resident may terminate this leas only by giving written notice to Owners, at least (Wo (2) full caler.dar months in advance of the termination date, which DlUSt be the last d- y of a calendar month, and by thereafter paying to Owners, as the same becomes due, all rent due to the termination d3te. If a terminatio of the lease by Resident takes effect during the ,n"ti,l one-year term of the lease, Resident shall also pay to Owners, at the time notice of termination is given, liquidation damages for premature termination, which shall be security deposit if the lease ter~inates during the first nine (9) months of the lease term, and which shall be two-thirds (2/3) of that amount if the lease terminates durlng the tenth or eleventh months of the initial lease ter'm. Owners shall be entitled to retal all rent for the house to the termination date, regardless of whethe the house is previously vacated by Resident or whether it Is re-rent d by Owners. If without the prior written consent of Ownels, Resident retains possession of the house after termination of the lease term on addition to damages due to Owners, Resident s,ha11 pay to any S"Jccess r lessee who has been deprived of possession by Resident all costs incurred by such person for substitute lodgin9, including motel lodg'ng, for himself and his family until posses5ion i;j sut:r'ender-ed and for tree (3) days thereafter and all expenses of moving aIld storing household PAGE 2 goods occasioned by the failure of ResIdent to surrender possession Resident agLees that any succeeding lessee of the tlouse deprived of possession by the Resident ahall have the right, independent of Own rs, to enforce this agree~ent and to recover the foregoing damages. OH ers shall have the right, but sha"l not be required, to apply Resident' security deposit on payment on account of damages suffered by a successor lessee by reason of Resident's wrongf~l holding over afte termination of the lea8e term. 4. RENT INCREASES. Owners may increase the monthly rent or ch nge the terms of this lease on written notice to ReSIdent given at leas sixty (60) days in advance of the first day of the month ill which t e increas~ in rent or change in the lease terms becomes effective, bu Owners may not make an increase in rent or change in the lease term which will take effect during the initial one-year term of the leas The rent increase or change in the lease ter~5 sh~ll take effect in the manner specified by Owners unless Resident shall terminate t.he leas as prov~ded in paragraph 3 within ten (10) days after notice of a rent increase or change of lease terms is given by Owners. 5. USE. Resident agrees to use the house only as the persona reside:lce of Resident and such of their children as are named in Resident's rental application heretofore filed with Owners, and not to assign this lease or sublet the house or any part thereof~ Residen agrees that no trade, craft, business, occupation or profession wil be carried on or be practiced upon the premises. Resident agrees not alter or make additions to the house, .Lts painting or its fixtures appliances without Owners' written consent. Resident agrees not to or permit any act or practice injurious to the house, which may aff the insurance on the house, or which is contrary to any law. 6. UTILITIES. Resident will pay the utility company (UGI) foe consumed in Resident's house. Resident will pay tIle utility compan AMERICAN WATER COMPANY) for water consumed in Resident's house. Resi will pay the utility company fPPLJ for electricity con.sumed in Re~ident's house. Residen: shall at his own expen8e provide his own cable service and/or telephone service. Owner shall at his own expe 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 dlterations. Owners shall not be liable for failure to supply heat, hot water or ather services or utilities when such failure shall be beyond OWI!ers' control or to en ble Owners to service or repair installations. 7. CARE OF HOUSE. Resident agrees to ilse due care in the use f the house, the appliances therein, and all other parts of Owners' property, including the t)anitary sewers, and to give notice to OWner of the need for repair thereof, and to pay for all <epairs 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 0 the part of the Resident, members of Resident's ::amily, or his visit rs. Owners will make necessary repairs to the ho~se and the appliances therein within a reasonable time after Resident notifies Owner of th need for repairs. PAGE 3 8. OWNERS' LIABILITY. Owners shall not be liable for propertj damage or personal injury Lesulting from any failure to maintain or repair the house, the appliances thereirl, or any other part of Owne s I property unless the damage or injury results from a failure or refu a1 to make a bona fide effort to make renairs for which Owners are responsible wi thin a reasonable time ~following notice by Resident 0 the need for repairs. Resident further agrees that Owners shall not be liable for property damage or personal inJury occurring in the hous or elsewhere on Owners' proper~y unless the dambge or injury results directly and exclusively from Owners) Begligence. 9. OCCUPJ\NCY. If Resident occupies the house before the leas term commences, the occupancy shall be subject to the terms of this lease and Resident shall pay the rerot stated herein from the date 0 occupancy. 10. DAMAGE BY FIRE. If the house is damaged by fire or other casualty, Owners shall repair it within a reasonable tirr~e and rent continue unless the casualty renders the house untenantable, in whi case this lease shall terminate and Resident, upon payment of all r to the date the house is surrendered, sha~l not be liable for any further rent. hall h nt 11. RIGHT OF ENTRY. Owners or any person or persons authoriz them have the right to enter the house at reasonable times to inspe make repairs or alterations as tleeded, to enforce this lease, and a notice of termination is given, to show the house to prospective Residents. d by t, ter 12. SECURITY DEPOSIT~ Resident og~ees to pay the security de set forth above prior to cccupance of the house. The security depo shall be held by Owners as security for the pay~ent of all rent and other amounts due from Resident to Owners, for the Resident's performance of this lease, and against any damages caused tc the ho or any other part of the Owners' property by Resident, his family a guests. Resident understands and agrees that the security deposic y NOT be applied as rent or against any ~tber amount due from Resident to Owner: 5 , without OWners' written consent, (:ind that the [Honthly rent ill be paid each month, including the last month of the lease term. Wit ill thirty (30) days following terminacion of this lease, Owners shall return the security deposit, plus simple interest after two (2) year of residency, less any deductions froril. it on account of a~iiounts owed by Resident to Owners, to Resident by check payable to all persons sign. ng thi3 lease, mailed to a fox.-warding addl"ess which must be furnished b Resident in writing. 13. OWNERS' REMEDIES. If Resident shall fail to pay rent, or ny other sum, to Owners when due, shall default in any other provisior;s of this lease, or shall remove or attempt to remove any of his possessi ns 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: (a) Distrain for rent. Resident waives the benefit of all law or usages exempting any property from distrain for l:ent, and waives PAGE 4 appraise"ent of any proper-ty distrain. (h) Terminate this lease. Resident spEcifically waives the right to the three (3) months' notice dnd to fifteen (15) or thirty 130) ays notice required by tile Act of Assemt.1y of April 6, 1951, P.L. 69, a d agrees ~hat five (5) days nOLice of termination for breach of lease shall be sufficient. 14. RENTAL APPLICATION. Owners have tendered this lease to Resident, and Resident has accepted the Bame, on the basis of the information set forth in Resident's rental application submitted to Owners by Resident for the purpose of inducing Qwners to enter into this lease with Resident, and in the event that any ot the information contained in the said rental application shall be found by Owners t be misleading, incorrect or untrue, Owner.s shall have the right to forthwith terminat.e this lease and repossess the house and recover rom Resident rent for the full term of this lease as well as any loss 0 damagEs which Owners may suffer as a result of such misrepresentati n. 15. THE TERM "RESIDENT". The term "Resident" used herein sha 1 refer collectively to all persons named above, and signing this lea e as Resident, and the liability of each person shall be joint and sever 1. Notice given by OWners to any person named a.s Resident, or by any 5 ch person to Owners, shall bind all persons sig!ll!h) this lease as Resi ent. 16. PETS. It is understood and agreed that NO pets shall be permitted upon the premises. 17. HEATERS. It is understood and agreed "hat no kerosene he ters or elect.ri':7 heater units are permItted upc)n the premIses 18. SUBORDINATION. This lease shall be subJrdinate to all pr sent or future mortgages egainst the property. 19. LANDSCAPING. It is understood and agreed that no landsca ing can be done without the express permission of t':1e Owner. The outsi e hose shal~ remain with the house. 20. APPLIANCES. Owner has fur"nltilled ref r iqerator, gas stove, washer, and gas dryer. All said items sh~ll ~ernQin with the house. Owner and Resident both agree to pay one/half each of any repair bi Is for the above appliances used by the Resident. 21. CURTAINS/DRAPES. Owner has furnished all the window curt ins 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 Own r at the end or termination of thi~ lease. 23. Resident the Owner ~. The Sunbeam Gas Grill belongs to the may use the gas grill subject to the cerms of requests for the above said gas grill. Owner. The this lease u t 11 24. HEADINGS FOR CCN\~NIENCE ONLY. The de8criptive headings n tllis lease are inserted fot" convenience only anc. shall net control r PAGE 5 affect this meaning or constcuc~ion af any of the provisions hereo OHNERISl c~Mg a~ RESIDENT ----- GUARANTY Intending to be legally bound, and ir: consideration of th~ leas with the above Resident, the undersi9ned, ]ujntly and severally, he eby become surety to Owner for t:he performance of the lease by Resident and guarantees payment of all sums becoming G'"ing to OWller by Resident. This agrement shall remain in effect thruuyLout the term uf the lea e, 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, ccntin.uing and ull'::onditional and Owner sha 1 not be required to proceed against Resident or invoke any other rem dy before proceeding against the undersigned. Notice of acceptance of this agreement and notice of any default are waived. Date ~dW~ ~---lD-rJb ~ CERTIFICATE OF SERVICE ~f;erCbY certify that] have served a copy of the within document this Jt day of I t~ _,2005, on the tollowing by depositing a true and correct e pyof the same in the U.S. Mails at Hanisburg, Pennsylvania, postage prepaid, addresse to: Douglas B. Marcello, Esquire Marcello & Kivisto, LLC ]501 Commerce Avenue Carlisle, PA 17013 CALDWELL & KEARNS By. 05-70/85R85 <) r _) ~' <'..=:> ("f' :::..1 no, ~") ~, ;1 c. ) (,,' (..,-~- I MARY CHALLENGER and RICHARD CHALLENGER Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO.: 05-86 CIVIL STEPHANIE LAMPREY BROWN Defendant CNIL ACTION-LAW PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S SECOND AMENDED COMPLAINT 1. Defendant, Stephanie Lamprey Brown objects to Plaintiffs' Second Complaint. 2. Plaintiff, Mary Challenger initiated this landlord-tenant action against Defendant by filing a district justice complaint. 3. At the time of that filing, Mary Challenger was the sole plaintiff. 4. After Defendant appealed the district justice's decision, Plaintiff filed a complaint in this Court and, again, Mary Challenger was the sole plaintiff. 5. In her complaint, Plaintiff alleged that the leased property was owned jointly by her and her husband, Richard Challenger. 6. Defendant objected that Plaintiff failed to include an indispensable party, her husband, Richard Challenger and moved for the dismissal of the action. 7. Plaintiff an "Amended Complaint." 8. Plaintiff added another party, Richard Challenger, as part of the "amended complaint", apparently recognizing that he was a necessary party to the action. 9. However, Richard Challenger was not a party to the original action before the district justice and was improperly added to the suit. 10. Defendant preliminarily objected to his unilateral addition as a party to this action at this stage in the proceedings as Richard Challenger was not a party in the complaint pursuant to the rules requiring the filing of a complaint. 11. Plaintiff has apparently recognized her procedural error and had now filed a Second Amended Complaint, deleting Richard Challenger as a party and returning this action to its initial status, lacking a necessary party to the litigation. I' 12. Defendant moves for this dismissal of this action as Plaintiff has failed to include a necessary party to the action. WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiffs Complaint. Marcello & Kivisto, LLC /~- ~. D las B. Marcello Marcello & Kivisto, LLC 1501 Commerce Ave. Carlisle,PA 17013 (717) 240-4686 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 deposi~in the United States Mail, First Class Mail, in Carlisle, P A on the ~ day of . ,2005. Douglas L. Cassel Caldwell & Kearns 3631 N. Front. St. Harrisburg, PA 17110-1533 Douglas B. Marcello ';;Ci\ .~. {{\ ",.~" \.~~' ~;:;.,~ -- --- ~'~. ,--' ()\ - ~ MARY CHALLENGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. No. 05-86 CIVIL STEPHANIE LAMPREY BROWN, : Defendant CIVIL ACTION - LAW REPL Y TO PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S SECOND AMENDED COMPLAINT AND NOW, comes the Plaintiff, Mary Challenger, by and through her attorneys, aldwell & Kearns, and files the within Second Amended Complaint; and in support thereof, vers the following: 1. No response required. \ i 2. Admitted in part and denied in part. It is admitted that Plaintiff filed a Complaint. I the Complaint is a document which speaks for itself and any characterization of it is hereby I ~enied. , I 3. Admitted in part and denied in part. It is admitted that Plaintiff filed a Complaint i~l which she was the sole plaintiff. The Complaint is a document which speaks for itself and any ~haracterization of it is hereby denied. \ 4. Admitted in part and denied in part. It is admitted that Plaintiff filed a Complaint I if which she was the sole plaintiff. The Complaint is a document which speaks for itself and any ~haracterization of it is hereby denied. i I i , I I 5. Admitted in part and denied in part. It is admitted that Plaintiff alleged in her Complaint that the property was jointly owned. The Complaint is a document which speaks for 'itself and any characterization of it is hereby denied. 6. Admitted in part and denied in part. It is admitted that Defendant objected. The Preliminary Objection of Defendant is a document which speaks for itself and any , [characterization of it is hereby denied. I 7. Admitted in part and denied in part. It is admitted that Plaintiff filed an Amended IcomPlaint. The Amended Complaint is a document which speaks for itself and any , I !characterization of it is hereby denied. i 8. Admitted in part and denied in part. It is admitted that Plaintiff filed an Amended FomPlaint. The Amended Complaint is a document which speaks for itself and any ~haracterization of it is hereby denied. By way of further answer, it is specifically denied that I fichard Challenger was a necessary party to the action. To the contrary, Richard Challenger was only included in the Amended Complaint in order to avoid costs of litigation associated with ~reliminary Objections. Defendant's course of action, however, has rendered that goal i jmpossible. I 9. Admitted in part and denied in part. It is admitted that Plaintiff filed an Amended fomPlaint and that Richard Challenger was not a party to the original action. The Amended fomPlaint is a document which speaks for itself and any characterization of it is hereby denied. I The II. Admitted in part and denied in part. It is admitted that Plaintiff filed a Second Amended Complaint which did not include Richard Challenger as a party. The Sccond Amended Complaint is a document which speaks for itself and any charactcrization of it is hereby denied. By way of further answer, it is specifically dcnied that Richard Challenger is a necessary party to the litigation. This is a landlord-tenant dispute which is based upon a lease, I Iwhich was attached to Plaintiffs Complaint, Amended Complaint and Second Amended Fomplaint. Richard Challenger was not a party to this contract (i.e. the lease) and therefore is I rot a necessary party to the litigation. Any claim that Richard Challenger is a necessary party as ~he result of some legal or equitable interest in the property has been cured in Plaintiffs Second ~mended Complaint in which it was alleged that Mary Challenger acted as an authorized agent ror the tenancy by the entireties in entering into the leasc with Defendant. See paragraphs 4 & 5 I ff Plaintiff's Second Amended Complaint. Ultimately, this is a breach of contract claim to which fichard Challenger was not a party. and therefore he is not a necessary party to the litigation. It js believed, and therefore averred, that Defendant's course of conduct is aimed at causing j>Jaintiffneedless costs of litigation and harassment, as well as unnecessary delays in a simple landlord-tenant dispute. Plaintiff has provided Defendant with a Notice and Demand pursuant to ta. R.C.P. 1023.1, and will seek appropriate sanctions. , 12. No response required. WHEREFORE, Plainti ff Mary Challenger respectfully requests that this Honorable Court OVERRULE Defendant's Preliminary Objections to Plaintiffs Second Amended Complaint and award Plainti ff such attorneys fees, costs and any other such relief deemed appropriate under the circumstances. Respectfully submitted, By: I , , I , i pated: ~ - ~ - OS f5-70/87529 , I CERTIFICATE OF SERVICE I he eby certify that I have served a copy of the within document this tay of ,2005, on the following by depositing a true and correct copy of the same in the .S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1501 Commerce Avenue Carlisle, P A 17013 CALDWELL & KEARNS By ~~2_ ; ~a&7 ""~., C) '~:\ ....(1 ...P :-? ,oil -'... J \ G, C0.? (~) .' ~ ... MARY CHALLENGER and Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO.: 05-86 CIVIL STEPHANIE LAMPREY BROWN CIVIL ACTION-LAW Defendant JURY TRIAL DEMANDED ANSWER OF DEFENDANT TO PLAINTIFF'S SECOND AMENDED COMPLAINT 1. Denied. Answering Defendant is without information or belief as to the truth of the matter asserted, hence it is denied and proof is demanded at time of trial. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Defendant leased the premises. The terms of the lease speak for themselves and any and all other averments are denied. 4. Denied. Answering Defendant is without information or belief as to the truth of the matter asserted, hence it is denied and proof is demanded at time oftrial. In the alternative, the averments are a conclusion of law to which no responsive pleading is required. 5. Denied. Answering Defendant is without information or belief as to the truth of the matter asserted, hence it is denied and proof is demanded at time oftrial. In the alternative, the averments are a conclusion of law to which no responsive pleading is required. 6. Admitted in part and denied in part. It is admitted that Defendant leased the premises. The terms of the lease speak for themselves and any and all other averments are denied. 7. Denied as stated. It is denied that Defendant resided at the property until September 22, 2004. 8. Admitted in part and denied in part. It is admitted that Defendant leased the premises. The terms of the lease speak for themselves and any and all other averments are denied. 9. Admitted. 10. Admitted. 11. Denied as stated. It is denied that Plaintiff had no written notice before August 4, 2004 or no actual notice before that date that Defendant was vacating the premIses. 12. Denied. It is denied that Defendant did not provide written notice sixty (60) days in advance of her vacating of the premises. Further, the terms of the lease speak for themselves and any and all other averments are denied. 13. It is denied that Plaintiff had no written notice before August 4,2004 or no actual notice before that date that Defendant was vacating the premises. 14. It is denied that Plaintiff had no written notice before August 4,2004 or no actual notice before that date that Defendant was vacating the premises. Further, the terms of the lease speak for themselves and any and all other averments are denied. 15. Denied. The terms of the lease speak for themselves and any and all other averments are denied. In the alternative, the averments state a conclusion of law to which responsive pleading is required. In the alternative, the averments are denied. 16. Denied as stated. 17. Denied. The terms of the lease speak for themselves and any and all other averments are denied. In the alternative, the averments state a conclusion of law to which responsive pleading is required. In the alternative, the averments are denied. 18. Denied. It is denied that prior to the time when Defendant vacated the premises, Defendant damaged the leased premises and otherwise breached the lease by failing to surrender the leased premises in substantially the same conditions in which it was leased to the Defendant. Any and all other averments are denied. 19. Denied. The alleged damages in nature and amount are denied. Any and all other averments are denied. 20. Denied. The alleged damages in nature and amount are denied. Any and all other averments are denied. " 21. Denied. The alleged damages in nature and amount are denied. Any and all other averments are denied. 22. Denied. It is denied that Plaintiffhad any right to withhold the security deposit. The alleged damages in nature and amount are denied. Any and all other averments are denied. 23. Admitted that Plaintiff has made demand for payment. It is denied that Defendant owes any or all of said amount. NEW MATTER 24. Some or all of Plaintiffs claims may be barred or reduced by the terms of the lease which are incorporated herein and made a part hereof as if set forth in full. 25. Plaintiff lacks standing to bring this action. 26. Plaintiff failed to give notice in a timely manner as required by the lease per the retention of the security deposit. 27. Plaintiffs action is barred by failing to assert the claim in the action against Plaintiff brought by Defendant. 28. Plaintiffs claims are waived by failing to assert the claim in the action against Plaintiff brought by Defendant. WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiff s Complaint. COUNTERCLAIM 29. Defendant incorporates by reference hereto the claims set forth in Brown v. Challeger, No. 05-85 as if set forth in full. WHEREFORE, Defendant requests this Honorable Court to enter Judgment against Plaintiff in the amount requested in Brown v. Challeger, No. 05-85. Marcello & Kivisto, LLC '. ~D~~ Marcello & Kivisto, LLC 1501 Commerce Ave. Carlisle, P A 17013 (717) 240-4686 .LV v.... ""'.vc....a IICIIIIC'.L ,.L r v..... r ......L"''''' 1"'. L Jun OS OS 10:39a Son~a 717-258-4686 p.z VERIFICATION I hereby verifY that the averments made in the attached document are true and correct. I lDlderstand that f~ statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. c~ .~ By: '-1.( ~f}(i fL Dated: u; I&'OS- , '. 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, PA on the /O~ day of T ~ ,2005. Douglas L. Cassel Caldwell & Kearns 3631 N. Front. St. Harrisburg, PAl 711 0-1533 ~~0~ Doug B. Ma cello .-c..1 \:. . n-'(' :---'./* . ",--. tJJ "l.~ ~<.. r:: ~=[:-; >c:: ~~ -< (") ~; '":"~.~ r--c> = = c.J'"l C- c:. x o ""T1 :r-n rnp -orq ~QY <._~C) :;:! =r' ;; ') -;-J ...... '-~ ~:(n !~~ -- C..o ~ o -0 ::-..:.; r c;j"\ o . MARY CHALLENGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-86- CIVIL STEF ANIE LAMPREY BROWN, Defendant CNIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER AND COUNTERCLAIM AND NOW, comes the Plaintiff, Mary Challenger, by and through her attorneys, Caldwell & Kearns, and files the within Reply to New Matter and Counterclaim; and in support thereof, avers the following: REPLY TO NEW MATTER 24. Denied. The averments of this paragraph contain conclusions oflaw to which no response is required and the same is denied. 25. Denied. The averments of this paragraph contain conclusions of law to which no response is required and the same is denied. 26. Denied. It is denied that Plaintifffailed to provide adequate notice as required by the lease. To the contrary, Plaintiff provided Defendant with an itemized list of damages within thirty (30) days of termination of the lease. 27. Denied. The averments of this paragraph contain conclusions oflaw to which no response is required and the same is denied. 28. Denied. The averments ofthis paTagraph contain conclusions oflaw to which no response is required and the same is denied. . , REPLY TO COUNTERCLAIM 29. Plaintiff incorporates by reference hereto the defenses and allegations set forth in Brown v. Challenger, No. 05-85, as if set forth in full. WHEREFORE, Plaintiff, Mary Challenger, respectfully requests that this Honorable Court enter judgment in her favor and against Defendant, in an amount not in excess of$25,000.00, including costs, reasonable attorney's fees, and any other relief this Court deems necessary and appropriate. Respectfully submitted, CALDWELL & KEARNS By: Dated: G/JIo~ ( ( 05-70/88986 . . CERTIFICATE OF SERVICE ?f7 I hereby certify that I have served a copy of the within document this $ day of June, 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 Marcello & Kivisto, LLC 150 I Commerce Avenue Carlisle, P A 17013 CALDWELL & KEARNS By: 'i~ (") c, ;( l'. c. .'--J' d._ ) ...., = = '-" '-- c:=. :;.- ,~ --4 :L~ n,~J -or;; :09 SC) -:.," . 2~~t~ ;:")cn '::.:..; ~":,>- "-;':.j :< J-- -", ~. -' r:-? l.D MARY CHALLENGER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-86- CIVIL STEFANIE LAMPREY BROWN, Defendant CIVIL ACTION - LAW 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: 1. 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 ofthe 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 of fact 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 of these 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: (/! /0) 05-70/91590 CERTIFICATE OF SERVICE AND NOW, this ~1ay of ~:JIf((;:~ , 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 & KIV1STO, LLC 1501 Commerce Avenue Carlisle, PA 17013 CALDWELL & KEARNS By ~~{ / o c: :s -' ~ '" t::::::.) "';::,1 <.n ""'" c:- C) r" .r;- ~ ::;:J ffl:!J r' :-~?G -'<"<''f,i S:;:() ,;,'~:f-j >,,(',. CiM _..-f ~ -<;; -r., '-;;~ "& 17 MARY CHALLENGER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. STEF ANIE LAMPREY BROWN : NO. 2005 - 0086 CIVIL STEFANIE LAMPREY BROWN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARY CHALLENGER : NO. 2005 - 0085 CIVIL ORDER OF COURT AND NOW, this 31 ST day of AUGUST, 2005, a Rull~ is issued upon Mary Challenger to Show Cause why the above actions should noli be consolidated. Rule returnable twenty (20) days after service. Edward E. Guido, J. ~uglas L. Cassel, Esquire ~uglas Marcello, Esquire :sld 09-01,05 AJJ~i[1 - "'18 ; IJ : II UV I S ~n\1S00Z u',JIC,":";~!iY"d :J1l1 :10 IVV. ;;U........vw- ....In.J.. 381:!30-G311.:l MARY CHALLENGER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO. 05-86- CIVIL STEF ANIE LAMPREY BROWN, Defendant CIVIL ACTION - LAW STEFANIE LAMPREY BROWN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COmiTY, PENNSYLVANIA vs. : NO.: 05-85- CIVIL MARY CHALLENGER, Defendant : CIVIL ACTION - LAW MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, Mary Challenger, by and through her attorneys, Caldwell & Kearns, and files this Motion to Make Rule Absolute; and avers in support thereof as follows: I, On or about August 19, 2005, Plaintiff Mary Challenger ("Plaintiff'), filed a Motion to Consolidate Actions with regard to Docket No. 05-85 and Docket No. 05-86. 2. On August 31, 2005, this Honorable Court issued a Rule upon the Defendant Stephanie Lamprey Brown ("Defendant") to show cause why the Plaintiffs Motion to Consolidate Actions should not be granted, A true and correct copy of the OTder of the Court is attached hereto as Exhibit "A." 3, The Rule was returnable 20 days from the date ofservic:e, August 31, 2005. 4. Defendant has not filed an objection, or any response to this Court's Rule to Show Cause. 5. It is respectfully requested that this Honorable Court enter an Order compelling the Consolidation of Docket No. 05-85 and Docket No. 05-86 into Docket No. 05-85. WHEREFORE, for the above-stated reasons, it is respectfully requested that this Honorable Court enter an ORDER compelling the consolidation of Docket No. 05-85 and Docket No. 05-86. Respectfully submitted: CALDWELL & KEARNS By: Dated: '/';}I/O) I Do as . Cassel Esquire Attorne LD. Number 92895 363 I orth Front Street Harrisburg, P A 1711 0 (717) 232-7661 Attorney for Plaintiff Mary Challenger 05-70/93075 MARY CHALLENGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. STEFANlE LAMPREY BROWN NO. 2005 - 0086 CIVIL STEFANIE LAMPREY BROWN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. MARY CHALLENGER NO. 2005 - 0085 CIVIL ORDER OF COURT AND NOW, this 31 ST day of AUGUST, 2005, a Rule is issued upon Mary Challenger to Show Cause why the above actions should not be consolidated. Rule returnable twenty (20) days after service. e Edward E. Guido, J. Douglas 1.. Cassel, Esquire Douglas Marcello, Esquire :sld .' " ,- ~. ~ , I . - ~ , ~ .: ," '~;, ~. SI:.. f;ff~-~; CERTIFICATE OF SERVICE AND NOW, this} 7 day of .If dr;//lI}~, 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 Marcello & Kivisto LLC 1501 Commerce Ave. Carlisle, PAl 70 13 CALDWELL & KEARNS BY)~' (~:2 .o:~:'" ~-.j ,..~ ~ = c..n (/') r;-' -0 N -I ~ :2 nl~ :gtj ('J ; __;:iQ (j:d "~7'n ern ~ .>:l -< + w ;;- MARY CHALLENGER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO, 05-86- CIVIL STEF ANIE LAMPREY BROWN, : CIVIL ACTION - LAW Defendant STEF ANIE LAMPREY BROWN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. . , ~ NO.: 05-85- CIVIL / MARY CHALLENGER, Defendant : CIVIL ACTION - LAW ORDER 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. BY THE COURT: /Jj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL COVER SHEET MARY CHALLENGER, Plaintiff Ys. NO. 05-86-ClVIL STEFANIE LAMPREY BROWN, Defendant STEFANIE LAMPREY BROWN, Plaintiff vs. : NO. 05-85-CIVIL MARY CHALLENGER Defendant Motion to Make Rule Absolute Douglas L. Cassel, Esquire Attorney ID# 92895 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 d casse I (Cilca I d Vi e]! k earns, com MARY CHALLENGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Ys. : NO. 05-86- CIVIL STEFANIE LAMPREY BROWN, Defendant CIVIL ACTION - LAW STEFANIE LAMPREY BROWN, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COmITY, PENNSYLVANIA vs, : NO.: 05-85- CIVIL MARY CHALLENGER, Defendant : CIVIL ACTION - LAW MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, Mary Challenger, by a:[)d through her attorneys, Caldwell & Kearns, and files this Motion to Make Rule Absolute; and avers in support thereof as follows: I, On or about August 19,2005, Plaintiff Mary Challenger ("Plaintiff'), filed a Motion to Consolidate Actions with regard to Docket No. 05-85 and Docket No. 05-86. 2. On August 3 I, 2005, this Honorable Court issued a Rule upon the Defendant Stephanie Lamprey Brown ("Defendant") to show cause why the Plaintiffs Motion to Consolidate Actions should not be granted, A true and correct copy of the Order of the Court is attached hereto as Exhibit "A" 3. The Rule was returnable 20 days from the date of service, August 31,2005. 4. Defendant has not filed an objection, or any response to this Court's Rule to Show Cause. 5, It is respectfully requested that this Honorable Court enter an Order compelling the Consolidation of Docket No. 05-85 and Docket No. 05-86 into Docket No. 05-85, WHEREFORE, for the above-stated reasons, it is respectfully requested that this Honorable Court enter an ORDER compelling the consolida1ion of Docket No, 05-85 and Docket No, 05-86, Respectfully submitted: CALDWELL & KEARNS By: Dated: '/';}I/O) t Do as . Cassel Esquire Attorne LD, Number 92895 3631 orth Front Street Harrisburg, P A 17110 (717) 232-7661 Attorney for Plaintiff Mary Challenger 05-70/93075 MAR Y CHALLENGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, STEF ANlE LAMPREY BROWN NO. 2005 - 0086 CIVIL STEFANIE LAMPREY BROWN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MARY CHALLENGER NO, 2005 - 0085 CIVIL ORDER OF COURT AND NOW, this 31 ST day of AUGUST, 2005, a Rule is issued upon Mary Challenger to Show Cause why the above actions should not be consolidated, Rule returnable twenty (20) days after service. Edward E. Guido, J, Douglas 1.. Cassel, Esquire Douglas Marcello, Esquire :sld CERTIFICATE OF SERVICE~ AND NOW, this) 7 day of ,jp dYi/1Jv.. 2005, I hereby certify that I have served I 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 Marcello & Kivisto LLC 1501 Commerce Ave, Carlisle, PA 17013 CALDWELL & KEARNS BY~' (") c b> = C~ "" (f> ", -"0 N -' -0 ~.. - o -n ::2 rnPJ -;"'!m ci)CJ C) ,L "':~l() :s,:.L >;'CJ ?',,)rn '::<'_4 ...,; ::0 ..< t..) .>:"' 0:) c' ~/ vs, '~'=":!I.',n ~t:i 2 g ~l!' IN THE COURT OF COMMON PLEAS ~~ CUMBERLAND COUNTY, PENNSYLVANIA : NO, 05-86- CIVIL ,/ MARY CHALLENGER, Plaintiff STEF ANIE LAMPREY BROWN, : CIVIL ACTION - LAW Defendant STEF ANIE LAMPREY BROWN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 05-85- CIVIL MARY CHALLENGER, Defendant : CIVIL ACTION - LAW OO!l1h AND NOW, this 3'" 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. BY TIIE COURT. .- ~ /J/ A,lNf'i':-"'/': ,.'" "-;'r'Jr() SS : II \iV '1- lJO SOUl AmlONOH.LCdd 3Hl ::10 3Dt:!:'O-G3li.:l v -. MARY CHALLENGER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-86- CIVIL STEF ANIE LAMPREY BROWN, : CIVIL ACTION - LAW Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and ended with prejudice. Respectfully submitted, By: Dated: );: loG Douglas . Ca el, Esquire Attorne ID# 92895 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Mary Challenger ." ~ CERTIFICATE OF SERVICE AND NOW, this ;4 day of 'lItau-- , 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 B. Marcello Esquire MARCELLO & KlVISTO, LLC 1501 Commerce Avenue Carlisle, PA 17013 CALDWELL & KEARNS By: -Ctjrr/l 05-70/101234 -~ ';';-;>' .-<. \ r-:> ....-cl --,. I';-? . ;. ~ .--\ :~~ :D. \"'\:;:, :::\? :,(.'/ (~) .~y, ,:..,-"' -.:Z