HomeMy WebLinkAbout14-0852 COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
MAGISTERIAL DISTRICT / / JUDGE JUD E
COMMON PLEAS No. �7 8�/" (' �<
NOTICE OF APPEAL - - 7e — 7 ,-), i
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
Judge on the date and in the case referenced below.
NAME OF APPELLANT MAG. DIST. N NAME OF MDJ
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ADDRESS &APPELLAM ryd j� CITY STATE ZIP CODE
13ox 1 Sol)) Y% s cl PA1 co
DATE OF JUDGMENT IN THE CASE OF (Plaintiff) f y,., e (Defender,)' 5
i 1 i 1' /T h J vs J ],i� 1 /, C+ l 1 1 Lam, `� C> b i r7
DOCKET No. 'I SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
M J v 9 Z G l L 7 a 0 0 D C> 0 2 Zc� j y , "
This block will be signed ONLY when this notation is required under Pa. If (91 ellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED
operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon , e— ( G LER r- appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros.
�M 4
Signature of appellant or attorney or agent
RULE: To �� F�f` appellee(s)
Name gf/appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of seriice.of this rule if service was by mail is the date of the mailing ++
DateA� 20
1
Signature of Prothonotary orDeputy
YOU MUST INCLUDE A COPY OF THE NOTI�1 #4 fflO FORM WITH THIS NOTICE OF APPEAL.
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ACPC 312 -05 C C : 1 WJ ti l 83J � i i11 /���
NiONOHIOU '111i
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript
COUNTY OF CUMBERLAND - Residential Lease
Mag. Dist. No: MDJ- 09- 2 -01 Arlene E. Righter t/d /b /a Ellen Homes
MDJ Name: Honorable Paul M Fegley V.
Address: 2260 Spring Road Suite 3 Jodi Wingate, Michael Robinson
Carlisle, PA 17013
Telephone: - 717-218-5250
Jodi Wingate Docket No: MJ- 09201 -LT- 0000 -2014
41 Country Club Rd Case Filed: 117/2014
Carlisle, PA 17015
Disposition Details
Grant possession. Yes
Grant possession if money judgment is not satisfied by the time of eviction. No
Dpo
iss i tio n Summ ary (� cross complaint)
D ocket Plaintiff Defendant Disposition Disposition Date
MJ -09201 -LT- 0000002 -2014 Arlene E Righter t/d/b /a Ellen Jodi Wingate Judgment for Plaintiff 01/17/2014
Homes
MJ- 09201 -LT- 0000002 -2014 Arlene E Rightert/d/b /a Ellen Michael Robinson Judgment for Plaintiff 01/17/2014
Homes
Judgment Summary
Participant JointlSeveral Liability Individual Liability Amo unt
Arlene E. Righter t/d /b /a Ellen Homes ..$0.00 $0.00 $0.00
Jodi Wingate $2,631.90 $0.00 $2,631.90 .
Michael Robinson $2,631.90 $0.00 $2,631 -90
Judgment Finding ( 'Post Judgment)
In the matter of Arlene E. Righter t/d/b /a Ellen Homes vs. Jodi Wingate; Michael Robinson on MJ- 09201 -LT- 0000002 -2014, on
1/17/2014 the judgment was awarded as follows:
The amount of rent per month, as established by the Magisterial District Judge, is $1,125.00
Judgment Component Joint/Several Liability Individual Liability Deposit Applied A moun
Filing Fees .$156.90 $0.00 $156.90
_ Rent in Arrears $2,475.00 $0.00 $2,475.00
Grand Total: $2,631.90
Portion of judgment for physical damages arising out of residential lease: $0.00
MDJS 315A Page 1 of 3 Printed: 01/22/2014 12:03:43PM
Supreme Court=of_Pennsylvania
Courffyof:�Commonl�y�P=Pleas
,wt s jr #� E'�KF
Civil Cover Sheet
/`'`I 'e - `� County
For Prothonotary Use Only:
Docket No:
) L
The information collected on this form is used solely for court administration puposes. This form
does not
supplement or replace the filin,g and service of pleadings or other papers as required by law or rules of court.
C�orrofencement of Action:
Petition
Declaration of Taking
Complaint ❑ Writ of Summons •
• Transfer from Another Jurisdiction •
Lead Plaintiff's Name: f
c we
Lead Defen ant's Name:
Dollar Amount Requested: vrthin arbitration limits
(check one) outside arbitration limits
Are money damages requested? Yes 1
Y g 9
Is this a Class Action Suit? II Yes "(No
Is this an MDJAppeal? Yes • No
Name of Plaintiff /Appellant's Attorney:
:heck here if It one have no attorney (are a Self- Represented (Pro Sel Litigant)
Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort)
❑ Intentional
❑ Malicious Prosecution
❑ Motor Vehicle
❑ Nuisance
❑ Premises Liability
❑ Product Liability (does not include
mass tort)
❑ Slander /Libel/ Defamation
❑ Other:
MASS TORT
❑ Asbestos
❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort - Implant
❑ Toxic Waste
❑ Other:
PROFESSIONAL LIABLITY
❑ Dental
• Legal
❑ Medical
❑ Other Professional:
CONTRACT (do not include Judgements)
❑ Buyer Plaintiff
❑ Debt Collection: Credit Card
❑ Debt Collection: Other
Employment Dispute:
Discrimination
❑ Employment Dispute: Other
❑ Other:
REAL PROPERTY
❑ Ejectment
❑ Eminent Domain/Condemnation
\\❑ round Rent
Landlord/Tenant Dispute
❑ Mortgage Foreclosure: Residential
❑ Mortgage Foreclosure: Commercial
❑ Partition
❑ Quiet Title
❑ Other:
CIVIL APPEALS
Administrative Agencies
❑ Board of Assessment
❑ Board of Elections
❑ Dept. of Transportation
Statutory Appeal: Other
❑ Zoning Board
El Other:
MISCELLANEOUS
• Common Law /Statutory Arbitration
• Declaratory Judgment
Mandamus
❑ Non- Domestic Relations
Restraining Order
0 Quo Warranto
❑ Replevin
❑ Other:
Updated 1 /1/2011
.a
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Arlene E Righter, and
Arlene E Righter, trading and doing
business as Ellen Homes
51 Shellbark Court
Carlisle PA 17015
717-243-5768
PLAINTIFF
Jodi and/or Jody Wingate and
Michael Robinson
Post Office Box 54
Boiling Springs, PA 17007
DEFENDANTS
Common Pleas Action
No. 14-852 Civil Term
rs3
c=7
CIVIL COMPLAINT FOR MONETARY DAMAGES/JUDGMENT
AND/OR GRANTING OF APPEAL
UPON APPEAL OF DEFENDANTS FROM MAGISTRATE'S DECISION
7:10
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You.are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT
MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED RATE FEE
OR NO FEE.
MidPenn Legal Services Carlisle Office Cumberland County Bar Association
401 E. Louther Street, Suite 103 32 S Bedford Street
Carlisle PA 17013 Carlisle PA 17013
COMPLAINT
1 Plaintiff is an adult individual and resident of Cumberland County, Pennsylvania.
Plaintiff also trades and does business as Ellen Homes as registered with the Commonwealth of
Pennsylvania.
2 Defendant Jodi and/or Jody Wingate is an adult individual and resident of Cumberland
County, Pennsylvania.
3 Michael Robinson is an adult individual and resident of Cumberland County,
Pennsylvania.
4 The events herein complained of came to pass between December, 2012 and up until
the present time. It is noted that a Notice of Judgment/Transcript Residential Lease was entered
in Plaintiffs favor by Honorable Paul M Fegley, District Justice in the initial amount of
$2,631.90 being the full amount sought for by Plaintiff, and including judgment for Filing Fees
and Server Fees. Said District Justice thence amended the judgment in the amount of $2,766.70;
having added thereon $134.80 for Server Fees.
5 Plaintiff and Defendants entered into a property lease for real estate and improvements
situated at 41 Country Club Road, Carlisle PA 17015. The lease was specifically for residential
purposes. The exact language of the lease stated "CONDUCTING A BUSINESS. No business of
any type shall be operated on the premises unless otherwise specifically approved by landlord in
writing." However, Defendants repeatedly conducted business from the residence, even to the
point of customers and/or clients having been seen on the premises from time to time.
Defendants even allowed the parking of semi -truck tractors on the premises.
6 The subject lease was entered in to for the term of one year, which began on the 1st
day of January 2013, and ending on the 31st day of, December, 2013. The amount of the rent
was set at $1,125 per month. However, Plaintiff and Defendants agreed to the rent being initially
reduced to the sum of $850 per month pending improvements and repairs to be made. Upon the
completion of same it was agreed that the rent would increase to the monthly sum of $1,125 and
remain at that amount.
7 The improvements and repairs consisted of removal, replacement, painting of an area in
the front bedroom where it appeared to have mildew. The work was completed even with the
use of water - resistant sheet rock in the place of that which is normally used in a bedroom.
8 The house was inspected by a number of persons that concluded there was no mold in
the residence.
9 Despite the findings Defendants later claimed there was mold. Defendants even
claimed there was mold in the furnace ducts (despite the fact that when a furnace is used any
such mold would be eliminated).
10 Defendants were even given notice verbally and in writing (by Plaintiffs counsel) that
if they felt there was a mold problem they could move out of the property without penalty and
with return of deposit (unless damages were caused). Defendants failed to move and even,
without permission or advance notice to Plaintiff, stayed in the premises past the term of the
lease despite, also, their own statements that they would be out of the property by the end of
December, 2013.
11 The other primary issue that caused Plaintiff to agree initially to a rent of $850 per
month until the issues were taken care of involved the basement which was subject to leakage,
water laying on the floor, and some flooding at times.
12 Plaintiff spent over $15,000 to have the flooding and excessive water situation
remedied and the only residual was a couple of small amounts of leakage and certainly not
enough to justify refusal to pay the rent of $1,125 after extensive work to rid the property of the
basement flooding and/or having excessive amounts of water on the floor. AND, as well, this is
deemed a moot point in that Page 4 of the lease clearly stated that "11. Owner or Agent does not
represent the basement to be habitable nor do they accept any responsibility for water or mildew
damage in the basement. "
13 After the work was done Defendants did, in fact, for one month, pay the fully agreed
to amount of $1,125 per month. Thence, for no valid known reason, Defendants arbitrarily
reduced payment to $850 per month thereafter.
14 Further, in the course of the term of the lease and after it had expired, Defendants
repeatedly used the lawn in front of the house for a parking lot and, as well, for a circular
driveway. Repeated objection to the use of the lawn for parking and as a circular driveway were
totally ignored by Defendants.
15 Further, Defendants represented to Plaintiff that they simply had a harmless dog. The
dog turned out to be a very large one, believed to be a Gelman Shepard, that they used a steel
muzzle on. Said dog repeatedly barked viciously and scared a number of persons. Plaintiff even
feared that the dog would harm persons and, in turn, would create a possible major liability for
Plaintiff.
16 During the course of Defendants' tenancy, the front door was damaged to the point
that it needs total replacement, a door latch assembly in the sunroom was damaged and needed
replaced, Plaintiff and others working for her were repeatedly delayed in taking care of anything
that went wrong and needed work.
17 Defendants also used the premises as a storage facility for a large number of items
beyond what would normally be on rented premises.
18 Defendants also took it upon themselves to alter the electrical system in the house for
the purposes of installing a hot tub that they did not have permission to install. They also
modified the electrical system so that they would have their laundry on the main floor of the
premises when laundry facilities were available in the basement. In the process holes were made
in a basement window area and in the wall of the sunroom. While Defendants have claimed they
had permission to do so, such is not factual; even the lease provides that any alterations must be
made in writing.
19 Due to the conduct of Defendants, repeated failure to pay the agreed to amount of the
lease, the expiration of the lease, failure to move when given ample opportunity during the lease
term, arbitrarily extended their tenancy, conducting business at the residential property, failure to
move when they stated they would, and other factors Plaintiff filed for possession of the property
and the monies Defendants were deficient in paying, and costs.
20 Plaintiff prevailed at the landlord/tenant hearing to the full extent of damages and
possession requested.
21 It is specifically noted that this action is in no way being presented for damages, costs,
etc. beyond the amount of rents/rental balances not paid plus costs as adjudicated in favor of
Plaintiff in the magistrate's action.
22 It is also noted that after Defendants moved from the premises they failed to provide
any forwarding address as requested and, as well, had their telephone service terminated.
CLAIM FOR DAMAGES/GRANTING OF APPEAL ACTION
IN PLAINTIFF'S FAVOR
WHEREFOR, Plaintiff requests granting of this action in her favor, upholding the
magistrate judge's decision and judgment in the amount of $2,766.70 plus costs in this action.
Signed this Twenty-Eighth Day of February, 2014
e E Righter, P
Arlene E Righter, tdba Ellen Homes
51 Shellbark Court
Carlisle, Pennsylvania 17015
/0
*dual y an
SERVICE
On March 3, 2014 I, James Righter, did personally send a copy of this
filing to the Iefendants by certified US Mail at the address they provided to this
court in their appeal filing.
ighter
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Arlene E Righter, and
Arlene E Righter, trading and doing
business as Ellen Homes
51 Shellbark Court
Carlisle PA 17015
717-243-5768
PLAINTIFF
Common Pleas Action
No. 14-852 Civil Term
Jodi and/or Jody Wingate and
Michael Robinson
Post Office Box 54
Boiling Springs, PA 17007
DEFENDANTS m c°
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71
To: Jodi and/or Jody Wingate and cn 1— r., • CD ■
Michael Robinson r— ---
DATE: March 26, 2014 )> c-,
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I"' = • • - .....
IMPORTANT NOTICE --I F,... 5•-:
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A MITTEN -
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST_
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
MidPenn Legal Services Carlisle Office
401 E. Louther Street, Suite 103
ePA 17
gned: Arlene
Arlene E Rig er, trading and doing
business as Ellen Homes
51 Shellbark Court
Carlisle PA 17015
717-243-5768
Cumberland County Bar Association
32 S Bedford Street
Carlisle PA 17013
i
SERVICE
On March 26, 2014 I, James Righter, did personally send a copy of this
filing to the Defendants by first class US Mail at the address they provided to this
court in th-'r appeal filing.
Arlene Righter
15 Shellbark Court
Carlisle, PA 17015
PLANTIFF
Jody Wingate and Michael Robinson
P.O. Box 54
Boiling Springs, PA 17007
Defendant
To the Court
e..S ,eo n 5 e
Common Pleas Action
No. 14 -852 Civil Term
previous docket
MJ09201LT00000022014
Matter J 1,t)
We the defendants intend to proceed with the above which we paid the prothonatery office to appeal
judgemnt made by District Magistrate Fegley. We the defendants are not lawyers nor can we afford a
lawyer. We are ignorant of the law and do not know legal procedure for this intent to proceed nor
respond to Civil Complaint. The facts are true whether they are presented by us or if we had legal
representation. We hope that it will be considered in that light and is accepted and we can proceed
from here to appeal this. Per the lease signed on 12/24/12, " * rent reduced to $850 monthly until
bedroom mold (possible)water issues are resolved to both parties satisfaction." Communication was
made at least monthly as to our dissatisfaction with the problems with the property and thus only $850
per month was the amount owed, was the amount paid and received by Arlene Righter.
do31-13
0
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G,f7
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Arlene E Righter, and
Arlene E Righter,trading and doing
business as'Ellen Homes
5,1 Shellbark Court
Carlisle PA 17015 Common Pleas Action
717-243-5768 No. 14-852 Civil Term c
PLAINTIFF `� Cka
Jodi and/or Jody Wingate and 7,1rn rn ,
Michael Robinson ro
'
Post Office Box 54 r
Boiling Springs, PA 17007 ' 7-"
DEFENDANTS z ,
':1
MOTION FOR SANCTIONS
INCLUSIVE OF JUDGMENT FOR PLAINTIFF
And now, comes Plaintiff with this MOTION as captioned above, and the following in
support
On April 14, 2014 Plaintiff, pursuant to Pennsylvania Rules of Civil Procedure 4001 et
seq, did serve upon Defendants both Interrogatories and, as well, Requests for Production, copies
of which are attached hereto. Defendants had until on or about May 14, 2014 to respond.
Defendants failed to respond or object to the above noted discovery by May 14, 2014.
Plaintiff thence mailed DEFAULT NOTICES to Defendants on May 14, 2014. See
attached.
Defendants, as of this date of filing, have had in excess of thirty (30) more days to file the
appropriate ANSWERS and REQUESTS since the DEFAULT NOTICES were sent out
(requiring them to answer in "TEN DAYS)." And, as well, the notices clearly contained on their
face that a "JUDGMENT FOR PLAINTIFF'S CLAIMS IN FULL MAY BE ENTERED....
WITHOUT A HEARING " Defendants, without regard, have ignored the notices.
WHEREFORE, due to such failure SANCTIONS, pursuant to PaRCP 4019 and possibly
otherwise, are deemed most appropriate on these issues alone. And, under the circumstances,
along with the following, Plaintiff prays that the court will grant sanctions, preferably judgment
{ 1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
Arlene E Righter,and
Arlene E Righter,trading and doing
business as Ellen Homes
51 Shellbark Court
Carlisle PA 17015 Common Pleas Action
717-243-5768 No. 14-852 Civil Term
PLAINTIFF
Jodi and/or Jody Wingate and.
Michael.Robinson
Post Office Box 54
Boiling Springs,PA 17007
DEFENDANTS
To:Jodi and/or Jody Wingate and.
Michael Robinson
DATE:April 14,2014
PLAINTIFF'S REQUESTS FOR PRODUCTION
OF DOCUMENTS DIRECTED TO DEFENDANTS
You are requested to produce, in accordance with Pennsylvania Rule of Civil Procedure
4009,. the originals or clear, readable copies of the below listed documents and/or items unless
protected by the attorney-client privilege or the work-product doctrine. These documents and/or
items will be examined and/or photocopied; photograph negatives will be processed and
photographs reproduced, videotapes and audiotapes shall be viewedand/or heard and a copy
made. The below listeddocuments and/or items are to be produced to Plaintiff at her address of
record in this case on or before thirty(30) days from the date of service herein. Such request is
continuing up toand at the time of trail.
DEFINITIONS
A. "You" or "your" refers to Defendant(s) herein and to all other persons acting or
purporting to act on behalf of Defendant(s),including agents and employees.
B. "Communications" shall mean all inquiries, discussions, conversations, negotiations,
agreements, understandings, meetings, telephone conversations, letters, correspondence, notes,
telegrams, telexes, advertisements, facsimiles, e-mail, or other forms of verbal and/or
communicative intercourse.
C. "Documents" shallmean all written or graphic matter of every kind or description,
however, produced or reproduced, whether draft or final, original or reproduction signed or
undigned, and regardless of whether approved, signed, sent, received,redrafterd, or executed,
including but not limited to: written communications, letters,correspondence,facsimiles,a-mail,
memoranda,minutes,noted,films,recordings,of any type,transcripts
•
contracts, •agreeiment&, purchase or sales orders, memoranda of telephone conversations of
personal conversations, diaries, desk calendars, interoffice communications: reports, studies,
bills._ receipts, checks_ checkbooks, invoices, requisitions or material similar to any of the
foregoing however denominated,by whomever prepared,and to whomever addressed,which are
in your possession,custody or control or to which you.have had or cart obtain access.
fa. "Persons" means an individual, corporation. partnership,, trust, associations,
company;organization,or any fenu of business or commercial entity.
fi "'tdentiW'when.used with respect to an individual,means to state.(1):their name;
(2)business affiliationand official title artd''or position:;and(3)their last known residential and
business address.
F. "identify" when used with respect to a document.:means to state(1) the type of
document(e:g. ;letter,.memorandum,hand-written note, facsimile,.e-mail); (2) its date of ought
or creation;(3).its:author and addressee;(4)its last known custodian or locations;and,(5)a brief
description of its subject matter and size, In lieu of identifi'ing any document(s),you may attach
a copy of it to your answer..indicating the question to which it is responsive.
G "Identify"when used with respect:to:a company or other business entity,means to
state; (1)the company's legal name,any former names,andthe name under Which it trades or
does business(2)the address of its principal place of business;and(3)the identity of its chief
executive ofhc r:
H. "Relate to" means consist.o£refer to,reflect or:be in any war logically connected
with the.matter discussed,
1. The period of time encompassed by these requests shall be from the date of the
alleged teeident to the date of answering, unless otherwise indicated. Note, this request is
contintiine.up to and at the time of trial.
J. For purposes-of the Rule„a.statement includes:
(1.) A %%rittenstatement. signed. or otherwise adopted orapproved by the
person making it.or
(2) A stenographic,.mechanical, electronic, %ideographic or other recording,
or n transcript thereof.which is:a substantially verbatim recital of an oral statement by the person.
makine it and contemporaneously recorded.
•
NOTE: Any and all statements and inferences referring to the property,,residence,and location
refer to the property situate at 41 County Club Road,Carlisle PA 17015 which was occupied by
you as renters.
1. Provide any and all communications anddocuments you have to supportyour
allegations that mold and/or mildew existed in any part of the residence on or after April 1,2013
including the heating system,including:the furnace duct work.
2. In your"Response"to the Complaint in this action you stated you made"at least
monthly"statements of dissatisfaction as to the condition of the property. Provide those
documents/communication and a detailed listing of any and allsuch complaints inclusive of date
and entire substance inclusive of what you were complaining about.
3. In additionto the above requests for documents provide copies of any and all
additional written communications/documents'you have sent and/or otherwise provided to
Plaintiff between.December,2012 and the date of these ADMISSIONS.
4. Provide copies of any and all written communications and/or documents you have sent
and/or provided to Plaintiffs attorney,Robert G.Frey and/or the law firm of Frey and Tiley
since December,2012.
5. Provide the names,addresses,telephone numbers of any and all persons,inclusive of
potential expert witnesses,that may have any support whatsoever to your claims of mildew
and/or mold in the subject residence after April 1,2013.
6. Provide the names,addresses,telephone numbers of any and all persons,inclusive of
potential expert witnesses,that may have,any support whatsoever to your failure to pay rent for
the subject property in the amount of$1,125 after April..1,2013.
7. Provide the names,locations,and phone numbers of all heating oil companies either
of you purchased heating oil from in the last 10 years.
8. Provide complete and full information as to any and all utility bills and bills fromany
and all other providers of utilities and services,INCLUDING providers of fuel oil and propane,
Haat you failed to pay and/or were paid in less than a timely manner within the last 10 years.
9. Provide proof that you,in fact,mailed your appeal to Plaintiff in this matter on or no
later than one day after you tiled your appeal.
10. Provide proof that you,in fact,mailed your"Response"to Plaintiff in this matter on
or no later than one day after you filed same on.April 3,2014.
11. TO: Jody Wingate individually: Provide proof in support of your claim that you are,
in fact,a"doctor"as you have stated in the past.
12. Provide documented proof that you are, in fact,a married couple..
NOTE...........After the notice of service herein following is a copy of verification required in
this matter. Such,in comparable form as provided,is required of you,the Defendants,to be
provided with your responses to these.REQUESTS.
Signed this 14th Day of April, 2014
,
(/ i - / 0 l'40610PrfiviM
A. /A_../ ,
2
AA, ......
_.; • _
,NAene E.Right-r PLAIN individually and
Arlene E Righter,tdba Ellen Homes
51.Shellbark Court
Carlisle,Pennsylvania 17015
SERVICE
On April 14, 2014, I, James Righter, did personally send a copy of this filing to the
Defendants by US Mail first class at the address they provided to this court in their appeal filing.
.James ter
DEFENDANT'S VERIFICATION
I/WE ,subject to the
penalties of 18 Pa. C.S.A. ss4904, relating to unsworn falsification to authorities, state the
attached documents are submitted in response to the foregoing Requests for Production of
Documents and that to the best of my knowledge, information and belief they are true and
complete.
Signatures)
•
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
Arlene E Righter,and
Arlene.E Righter,trading:and doing
business as Ellen Homes
• Si Sheilbark Court
Carlisle PA 17015 •
Common Pleas Action
717-243-5768 No, 14-852 Civil Term
PLAINTIFF
Jodi and/or Jody Wingate and
Michael Robinson
Post Office'Box 54
Boiling Springs,PA 17007
• DEFENDANTS
PLAINTIFFS INTERROGATORIES TO DEFENDANTS
Plaintiff(s) hereby make demand that the Derendant(s) answer the tionn interrogatories
pursuant, to the Pennsylvania Rules of Civil Procedure 4otj a seci,. These tincrrogatorics must be
answerectas provided in Pa.R.C.P,4006 and the Ails-was must be served on all other parties within thirty
(30)days after the Interrogatories are deemed served.
These interrogatories are deemed to be continuing as to require the tiling. of Supplemental
Answers promptly in the cut Defendant(S)or Moir representatiVes(including counsel) learn additional
facts not set forth in its original Answers or discover that information provided n the Answets
erroneous, Sitelt Supplemental Answers may be tiled from time to time.but not later Matt 30 days idler
suck further information is received,pursuant to Pa.RCP14007A.
These Interrogatories arc.addressed to you as a tiarty to this action;your answers shall,be based
upon information known to yon or in th.possession, custody or control of OL1 your attorney or other
representative acting on yOur behalf whether in preparation ;for litigation or otherwise. These
Interrogatories must be answered completely and specifically by you in Avriting and must be.verified. The
fact that-Uwestigation is continuing or that discovery is not eomploe shall not lte used as an excuse for
failure to answer each interrogatory as completely as possible, The omission-of any name,fact:or other
item of information from the Answers shall he deemed a representation that such name.flier.Or other item
NNCIY.4 not known to Pelentlant(s)...-their connsel. OT other i pieiuitatiit.S t the; unit of service of 1111:.•
AITSWCTS.
•
NOTE I Any and all statements and.inferences referring to the property,residence,and
location refer to the property situate at 4.1 County Club Road,Carlisle PA 170.15 which was
occupied by you.as renters.
1. In your"Response"to this action you stated that the cause for your failure to pay rent
in the amount of$1,125 was that you were dissatisfied"with the problems with the property."
Provide,in detail,.what your alleged reasons were for the "dissatisfaction"that caused you to pay
only$850'per m.onth.AFTER April,2013.
2. Provide.any and all argument.and facts to support any and all opinions/statements by
anyone other than yourselves that can.possibly support just cause for your"dissatisfaction" and
failure to pay rent in the amount of$1,125 per month.
3. Explain.why your notice of appeal in this matter was sent to Plaintiff well past the
date of your filing of Appeal when,in fact,your Appeal indicated it.had been sent to Plaintiff on
February 14 2014.
4. Explain why Plaintiff did not ever receive your"Response"to the Complaint in this
matter. •
5.. Explain why you.covered the heating/air conditioning.ducts in.the subject.residence,
6. Provide any and all opinions of others in support of your allegations that,in fact,there
was mold in the heating/air conditioning ducts.
7. .Explain as to why heating and air conditioning ducts would accumulate mold.and/or
mildew if,.in.fact,the heating and air conditioning system was being used.
8. Provide.any and all opinions of others as to why heating and air conditioning ducts
would accumulate mold and/or mildew if,in fact,the heating and air conditioning system was
operable.
9.. Page 4,Paragraph 1t of the lease you signed with Plaintiff clearly.states'
"11..Owner or Anent does not represent the basement to.be habitable nor do they accept any
responsibility for water or mildew damage in the basement." PROVIDE a full explanation as_to
any and all alleged,reasons.you had or have as to why any and all water and/or mildew that may
have accumulated in the'basement after April;201.4 would have possibly given you.a basis for
not.paying the$1,125 rent in.full.
JO. Provide your accounting/recollection of any and.all water and/or mildew that:may
haveaccumulated in,any part of the residence after April 1,2014. Be most specific as to
locations and amounts.
11. Provide Plaintiff with. complete and total answer,paragraph by paragraph,to all the.
allegations of Plaintiff in Plaintiffs,COMPLAINT in this matter. (It is noted that should.you.not
do so,Plaintiff reserves the right to ask the court for sanctions to include default and judgment.in
total for.Plaintiff(along with.any other causes deemed appropriate).
12. in your"Response"to-the Complaint in this action you stated you made "at least
monthly" statements of dissatisfaction as to the condition of the property. Provide a.detailed
listing of and all.such complaints inclusive,of date and entire substance inclusive of what
you were complaining about..
13.. On July 15,201.3 Plaintiffs attorney, Robert G. Frey,Frey and Tiley sent you a letter
stating,inpart,that Plaintiff would allow you to terminate the lease/rental of the subject property
and move therefrom should you not have been satisfied with the remedies Plaintiff had
performed.with respect to water and mold. EXPLAIN why youfailed to move,and continued to
underpay the rental of$1,125 when you were given clear and absolute opportunity to move.
14. Explain why.you made a rental payment.of$1,125:in April of.2013.and then reduced
payment to$850 thereafter.
15. Explain why,when you were allegedly validly objecting to mold and or mildew,.you.
stored large amounts of materials on the premises even,to include items_.packed in.cardboard
boxes in the'garage,even at heights nearly to the top of the garage door when opened,.that
significantly eliminated the ability for persons to.pass through.the garage.
16.. Explain what basis you had to violate the leasehold by operating a business at the
property.
17. Explain as to why you repeatedly parked vehicles o_n the grass at the property and,as
well,used the lawn as what amounted to a circular driveway.
18. Explain as:to why you modified the electrical system of the property without
Plaintiffs consent.
19. Give a full accounting of the modifications made to the electrical system of the
residence by you and.any and all persons you had doing the work.
20.. Explain as to why you had installed a hot tub when,in fact,you did not have
permission of Plaintiff to do so..
21. Provide a listing of any and all holes you,or you had made,in any part of the
premises.
22, Provide the name(s), addresses,and telephone numbers of all persons that you used
to have the electrical system modified in the residence.
23. Provide the name(s), addresses, and telephone_numbers of all persons that you used
to have anything else modified in the residence
24. Provide a.complete and total listing of all modifications made by you in the residence
and list all reasons for doing so.
•
25. Provide an explanation as to why you failed to at least use the heating system to
eliminate alleged mold and/or mildew in the heating system.
26. Provide the names,locations,and phone-numbers_of all heating oil companies either
of you purchased heating oil from in the last:10 years.
27. 'Provide complete and full information.-as to any and all utility bills and bills from any
and all.other providers of utilities and services,INCLUDING providers of fuel oil and propane,
• that you failed to pay and/Or were paid in less than a timely manner within,the last 15 years.
NOTE.„.,...„ After the notice,of service herein following is a copy of verification required in
this matter: Such,in comparable form as.provided,is required of you,the Defendants,to be
provided with your responses to these REQUESTS.
Signed this 14th Day of April,2014
kr\. _ •
•
.40.7a
.:Vrene E Righte ,PLAIN/FT individually and
Arlene.E Righter,tdba.Ellen.Homes
51. Shellbark Court
Carlisle,Pennsylvania 17015
SERVICE
On April.14,2014 I,James Righter,did personally send a copy of this filing to the
Defendant by first class US Mail at the address they provided to this court in their appeal filing.
J3711"Mir
DEFENDANTS VERIFICATION
I/WE , subject to the
penalties of 18 Pa. C.S.A. ss4904, relating to unsworn falsification to authorities, state the
attached documents are submitted in response to the foregoing Requests for Production of
Documents and that to the best of my knowledge, information and belief they are true and
complete.
Signature(s)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Arlene E Righter, and
Arlene E Righter, trading and doing
business as Ellen Homes
51 Shellbark Court
Carlisle PA 17015 Common Pleas Action
717-243-5768 No. 14-852 Civil Term
PLAINTIFF
Jodi and/or Jody Wingate and
Michael Robinson
Post Office Box 54
Boiling Springs, PA 17007
DEFENDANTS
To: Jodi and/or Jody Wingate and
Michael Robinson
IMPORTANT NOTICE REGARDING REQUESTS FOR PRODUCTION
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PROVIDE
RESPONSES TO PLAINTIFF OF REQUESTS FOR PRODUCTION AS REQUESTED BY
PLAINTIFF AND/OR FILE LEGITIMATE OBJECTIONS TO THEM. UNLESS YOU ACT
AND PROVIDE THEM TO PLAINTIFF WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, SANCTIONS, INCLUSIVE OF A JUDGMENT FOR PLAINTIFF'S CLAIMS IN
FULL MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
MidPenn Legal Services Carlisle Office Cumberland County Bar Association
401 .\Louther St et, S .ite 03 32 S Bedford Street
C. l: ' 170 / Carlisle PA ]7013
if / . / fit
it ed: Arlene ' 'ght , and
lene E Righter,trad'•g and doing
business as Ellen Homes
51 Shellbark Court
Carlisle PA 17015
717-243-5768
SERVICE
On MAY 15, 2014 I,Arlene E Righter, did personally send a copy of this
filing to the Defendants by first class US Mail at the address they provided to this
court in their appeal filing.
Ai
0,0 1c t , ,iii/,
eneE ' it ter
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Arlene E Righter, and
Arlene E Righter, trading and doing
business as Ellen Homes
51 Shellbark Court
Carlisle PA 17015 Common Pleas Action
717-243-5768 No. 14-852 Civil Term
PLAINTIFF
Jodi and/or Jody Wingate and
Michael Robinson
Post Office Box 54
Boiling Springs, PA 17007
DEFENDANTS
To: Jodi and/or Jody Wingate and
Michael Robinson
IMPORTANT NOTICE REGARDING INTERROGATORIES
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PROVIDE
RESPONSES TO PLAINTIFF OF INTERROGATORIES AS REQUESTED BY PLAINTIFF
AND/OR FILE LEGITIMATE OBJECTIONS TO THEM. UNLESS YOU ACT AND
PROVIDE THEM TO PLAINTIFF WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, SANCTIONS, INCLUSIVE OF A JUDGMENT FOR PLAINTIFF'S CLAIMS IN
FULL MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
MidPenn Legal Services Carlisle 0 Ewe Cumberland County Bar Association
401 E. Louther Street, _uite 03 1 32 S Bedford Street
Car ' e P i 7013 ( / Carlisle PA 17013
�Liit
:erd: Arlene ght r, al
Arlene E Righter, trading and doing
business as Ellen Homes
51 Shellbark Court
Carlisle PA 17015
717-243-5768
•
SERVICE
On. MAY 15, 2014 I, Arlene E Righter, did personally send a copy of this
filing to the Defendants by first class US Mail at the address they provided to this
court in their appeal filing.%J4d , Iis",ila
ene E ' '.hter
III
Arlene Righter
15 Shellbark Court ; g r
Carlisle,PA 17015
PLANTIFF ' ,H;:! 2t,
irt Common Pleas Action
'.:lJffEtRLAi?E ���: No. 14-852 Civil Term
��!"'
Jody Wingate and Michael Robinson t E ,!Pd S,T,�� � ,� previous docket
P.O. Box 54 MJ09201LT00000022014
Boiling Springs, PA 17007
Defendant
RESPONSE Statement of Intent to Proceed with Civil Matter
To the Court
41 Country Club Road Carlisle Pennsylvania was rented with lease stating that"rent reduced to $850
monthly until bedroom mold(possible)water issues are resolved to both parties satisfaction." Water
continually infiltrated the property and was not removed for days and mold continually persisted
without any remediation as the company Arlene Righter hired and is under warranty with only dealt
with the water. They flooded the basement with a hose and described it as clean but the water did not
evaporate for more than a week and mold persisted. Both they and Jim Righter would mop the water
without making sure it completely dried on several occasions after water infiltrated the property and
mold persisted, The company that switched out old sump pumps and put in different ones placed in
different areas break up more concrete and not contain it nor particles released when jack hammered
thus mold went airborne throughout the property.,They patched the cement wall on several occasions.
They did not clean up and did not do any mold remediation. In November 2013 the house flooded
twice,the first time the company put cement on the wall the second time the owner did not herself nor
have anyone else come and remove the water or mold prior to us moving out on February 17, 2014.
When the company that was hired did the work they did not properly contain the area and the mold
spread throughout the property. The company during the initial removal of existing two sump pumps
nor after installation of two replacement sump pumps did not clean the property to get rid of the mold.
They only on that initial replacement of the sump pumps sprayed a chemical to get rid of the mold.
They did not scrap nor clean the walls or floor prior to the spraying. This did not eliminate the mold as
that which was uncontained spread throughout the property. Another worker came once and he did not
use anything to remigrate the mold he just re-painted. He nor any other worker or Jim Righter did not
attend to the mold which existed in the bedroom closets,the wall in the bedroom next to the kitchen,
nor in the kitchen from the day we moved in to the day we moved out.The painter/handy man also
removed part of the molded, rotted bathroom floor and put in laminate/vinyl tiles without removing all
the mold and rot that had infiltrated the floor. He did not put up any barrier to contain the mold which
became airborne and spread throughout the property. Arlene Righter asked if we wanted to purchase
the property when we first moved in for$154,000 and we said no not with all the problems—water,
mold, electrical etc... These and more problems were verified by a home inspector. She asked again in
March after removing old sump pumps and putting in new sumps,wanting$168,000 for the property
and we said no not with all the problems—water, mold,electrical etc...She had the bathroom
dissembled without letting us know someone would be fixing it and when asked when we would be
able to use it again she stated"When it's done". It is the only bathroom on the property.
Communication was made at least monthly as to our dissatisfaction with the problems with the
property and thus only$850 per month was the amount owed, was the amount paid and received by
Arlene Righter. Mailed May 17,2014 with proof of mailing and re-mailed June 20,2014 with proof of
mailing.
ARLENE E. RIGHTER and
ARLENE E. RIGHTER,
Trading and doing business: as
ELLEN HOMES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION — LAW
JODI and/or JODY WINGATE :
And MICHAEL ROBINSON, :
Defendants : NO. 14-852 CIVIL TERM
MOTION FOR SANCTIONS INCLUSIVE
OF JUDGMENT FOR PLAINTIFF
ORDER OF COURT
AND NOW, this 14th day of July, 2014, upon consideration Plaintiffs Motion for
Sanctions Inclusive of Judgment for Plaintiff, and the Court noting the original
Complaint upon which the Plaintiff seeks default judgment failed to include a verification
as required by Pa. R.C.P. 1024, the Motion for Sanctions Inclusive of Judgment for
Plaintiff is denied, without prejudice for Plaintiff to file an amended complaint including
a verification within 20 days of today's date, and again seeking default judgment in
accordance with the Rules of Civil Procedure should Defendants fail to answer Plaintiff's
Complaint. The Court further notes that Defendants' apparent answer to the Complaint,
entitled "response" may not be specific enough to comply with Pa. R.C.P. 1029 (stating
that a responsive pleading shall admit or deny each specific averment of fact in the
Complaint and that if a party simply makes a general denial, then the general denial has
the effect of an admission).
THE PARTIES are encouraged to seek either paid advice of counsel or pro bono
counsel through the Cumberland County Bar Association.
BY THE COURT,
Christlee L. Peck, J.
✓rlene E. Righter and
Arlene E. Righter, trading
And doing business as Ellen Homes
51 Shellbark Court
Carlisle, PA 17015
Plaintiff, pro Se
odi and/or Jody Wingate
Michael Robinson
P.O. box 54
Boiling Springs, PA 17007
Defendants, pro Se
:rc
1.E.E m2a.� .
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY_ PENNSYLVANIA
Arlene E Righter, and
Arlene E Righter, trading and doing
business as Ellen Homes
51 Shellbark Court
Carlisle PA 17015
717-243-5768
PLAINTIFF
Common Pleas Action
No. 14-852 Civil Term
C7 r .�
Jodi and/or Jody Wingate and -'
Michael Robinson
Post Office Box 54rra
V'j.� 7.2.:. c-:-,
Boiling Springs, PA 17007 -<3' --,c-2,e.„
3EPEND NTS . G D3g c-7,
-11
AMENDED ` :-- .,
CIVIL COMPLAINT FOR MONETARY DAMAGES/JUDG NN i
ANDIOR GRANTING OF APPEAL
UPON APPEAL OF DEFENDANTS FROM MAGISTRATE'S DECISION
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 personaily or by attorney and filing in writing with the
court your defenses or objections to the claims set forth againsfyou. 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'claitned in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money .or;property or other rights important to,.
you.
YOU SHOULD TACE THIS PAPER TO YOUR LAS AT ONCE V YOU DO
NOT HAVE A LAWYER 'OR 'CANNOT AFFORD ONE, GO Tp OR TELEPHC6E THE
OFFICE SET FORTIS BELOW TO t ' t OUT -WHERE YOU SAN GET LEGAL HELP.
TIIIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT
MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED RATE FEE
OR NO FEE. V,
MidPenn Legal Services Carlisle Oce
401 E. Louther Street, Suite 103
Carlisle PA 17013
Cumberland 'County Bar Association
32 S Bedford Street
Carlisle PA 17013
8 The house was inspected by a number of persons that concluded there was no mold in
the residence_
9 Despite the findings Defendants later claimed there was mold. Defendants even
claimed there was mold in the furnace ducts (despite the fact that when a furnace is used any
such mold would be eliminated).
10 Defendants were even given notice verbally and in writing (by Plaintiffs counsel) that
if they felt there was a mold problem they could move out of the property without penalty and
with return of deposit (unless damages were caused). Defendants failed to move and even,
without permission or advance notice to Plaintiff, stayed in the premises past the term of the
lease despite, also, their own statements that they would be out of the property by the end of
December, 2013.
11 The other primary issue that caused Plaintiff to agree initially to a rent of $850 per
month until the issues were taken care of involved the basement which was subject to leakage,
water laying on the floor, and some flooding at times.
12 Plaintiff spent over $15,000 to have the flooding and excessive water situation.
remedied and the only residual was a couple of small amounts of leakage and certainly not
enough to justify refusal to pay the rent of $1,125 after extensive work to rid the property of the
basement flooding and/or having excessive amounts of water on the floor. AND, as well, this is
deemed a moot point in that Page 4 of the lease clearly stated that "ii. Owner or Agent does not
represent the basement to be habitable nor do they accept any responsibility for water or mildew
damage in the basement. "
13 After the work was done Defendants did, in fact, for one month, pay the fully agreed
to amount of $1,125 per month. Thence, for no valid known reason, Defendants arbitrarily
reduced payment to $850 per month thereafter.
14 Further, in the course of the term of the lease and after it had expired, Defendants
repeatedly used the lawn in front of the house for a parking lot and, as well, for a circular
driveway. Repeated objection to the use of the lawn for parking and as a circular driveway were
totally ignored by Defendants.
15 Further, Defendants represented to Plaintiff that they simply had a harmless dog. The
dog turned out to be a very large one, believed to be a German Shepard, that they used a steel
muzzle on. Said dog repeatedly barked viciously and scared a number of persons. Plaintiff even
feared that the dog would harm persons and, in turn, would create a possible major liability for
Plaintiff.
16 During the course of Defendants' tenancy, the front door was damaged to the point
that it needs total replacement, a door latch assembly in the sunroom was damaged and needed
replaced, Plaintiff and others working for her were repeatedly delayed in taking care of anything
that went wrong and needed work
17 Defendants also used the premises as a storage facility for a large number of items
beyond what would normally be on rented premises.
18 Defendants also took it upon themselves to alter the electrical system in the house for
the purposes of installing a hot tub that they did not have permission to install. They also
modified the electrical system so that they would have their laundry on the main floor of the
premises when laundry facilities were available in the basement. In the process holes were made
in a basement window area and in the wall of the sunroom. While Defendants have claimed they
had permission to do so, such is not factual; even the lease provides that any alterations must be
made in writing.
19 Due to the conduct of Defendants_ repeated failure to pay the agreed to amount of the
lease, the expiration of the lease, failure to move when given ample opportunity during the lease
term, arbitrarily extended their tenancy, conducting business at the residential property, failure to
move when they stated they would, and other factors Plaintiff filed for possession of the property
and the monies Defendants were deficient in paying, and costs.
20 Plaintiff prevailed at the landlord/tenant hearing to the full extent of damages and
possession requested.
21 It is specifically noted that this action is in no way being presented for damages, costs,
property of Plaintiff's wrongfully taken by Defendants, etc. beyond the amount of rents/rental
balances not paid plus costs as adjudicated in favor of Plaintiff in the magistrate's action.
22 It is also noted that after Defendants moved from the premises they failed to provide
any forwarding address as requested and, as well, had their telephone service terminated.
CLAIM FOR DAMAGES/GRANTING OF APPEAL ACTION
IN PLAINTIFFS FAVOR
WFIEREFOR Plaintiff requests granting of this action in her favor, upholding the
magistrate judge's decision and judgment in the amount of $2,766.70 plus costs in this action.
Signed this Seventeen Day o July, 2014
Lam/ PIM
rfene E Rightei, P A 6' IFF individually and
Arlene E Righter, tdba Ellen Homes
51 Shellbark Court
Carlisle, Pennsylvania 17015
VERIFICATION
I, Arlene E Righter, hereby swear and affirm that all of the the informationin
this AMENDED COMPLAINT is true and correct to the best of my knowledge,
information and belief.
SERVICE
On Thursday July 17, 2014 I, Arlene E Righter, did personally send a
copy of this filing to the Defendants by US Mail First Class at the address they
provided to this court intheir appeal filing , being Post Office Box 54
Boiling Springs, PA 17007
ene E Righter
c'-)
m
cf)r-
-<
r
Arlene Righter
15 Shellbark Court
Carlisle, PA 17015
PLANTIFF
F1LD-0F:E
Or THE PROTHONOTARY
Common Pleas Action
2014 AUG -1 P11 3: 35 No. 14-852 Civil Term
Jody Wingate and Michael Robinson CUMBERLAND Q DNTY
previous docket
P.O. Box 54 PENNSYLVANIA MJ09201LT00000022014
Boiling Springs, PA 17007
Defendant
Statement of Intent to Proceed with Civil Matter
Page 1 of 2 plus copies of Mid Atlantic Waterproofmg service tickets
To the Court
We the defendants intend to proceed with the above which we paid the prothonatery office to appeal judgment
made by District Magistrate Fegley. We the defendants are not lawyers nor can we afford a lawyer. We are
ignorant of the law and do not know legal procedure for this intent to proceed nor respond to Civil Complaint.
The facts are true whether they are presented by us or if we had legal representation. We hope that it will be
considered in that light and is accepted and we can proceed from here to appeal this. Per the lease signed on
12/24/12, "* rent reduced to $850 monthly until bedroom mold (possible)water issues are resolved to both
parties satisfaction." Communication was made at least monthly as to our dissatisfaction with the problems
with the property and thus only $850 per month was the amount owed, was the amount paid and received by
Arlene Righter - landlord.
It is noted that landlord admitted to both water and mold being an issue in the house we rented from the
landlord Arlene Righter located at 41 Country Club Road Carlisle, PA 17013. Additionally, tenant met landlord
at landlords personal residence to sign the lease and she stated it was ok to use part of the house as an office and
that she understood as she uses her residence as an office as evidenced by her business stationary having her
residence address on it. Both landlord and her husband/handyman Jim Righter saw it being used as an office
and had no complaints for over six months until the last time tenants stated that we were not interested in buying
the property in the condition it was in with mold, water, electrical, plumbing etc... issues. As protection tenant
wrote from the beginning of tenancy and monthly thereafter about the conditions and only paid $850 monthly
rental with the one exception of paying $1125.00 for one month only as Mid Atlantic Waterproofmg had stated
they had done everything they could with the option the landlord chose to fix the issue and that option being
breaking up the interior perimeter of the basement to put in a drainage system, removing 2 old sump pumps and
concreting where they had been, jack hammering and placing 2 new sump pumps in different areas of the
basement from where the original 2 sump pumps had been. Tenant gave the landlord the benefit of the doubt
after landlord stated everything was fixed. Shortly thereafter due tenants dissatisfaction to mold spores
infiltrating the house in direct relation to Mid Atlantic Water proofing Company as well as handyman Bill not
providing any protection or containment from their work which included cutting, jack hammering, scraping, and
then walking throughout the house with garments and shoes they had exposed to the contaminants. The
contaminants spread. The landlord never cleaned nor had the HVAC system cleaned. Additionally, the
handyman named Bill also did not protect or use any methods to contain the contaminants while he changed out
part of the bathroom floor and painted the one bedroom but did not address the mold completely in the
bathroom, that bedroom which still had it in the closet and bookshelf as well as in the closet of the other
bedroom and wall in the dining room which tenant was using as an office. Bill the handyman did not
completely get rid of mold and rot to floor and joists in the bathroom, nor mold and rot in wall where plumbing
ascends from basement. which coincided with the him not re -painting one of the bedrooms including not
addressing mold nor repainting both bedroom closets. It was noticed soon thereafter that mold still existed in
the closet and the bookshelf, and that it had not fully been removed from the bathroom. No person that entered
the property to inspect nor fix did anything about the mold that existed from the first to the last day in the other
parts of the property including but not limited to the kitchen. Tenants again began paying only $850 monthly
rent. Due to these issues (visible pools of water, water leaking into walls) Mid Atlantic Waterproofing was
Arlene Righter
15 Shellbark Court
Carlisle, PA 17015
PLANTIFF Common Pleas Action
No. 14-852 Civil Term
Jody Wingate and Michael Robinson previous docket
P.O. Box 54 MJ09201LT00000022014
Boiling Springs, PA 17007
Defendant
Statement of Intent to Proceed with Civil Matter
Page 2 of 2 plus copies of Mid Atlantic Waterproofing service tickets
called to the house by the landlord and or landlords husband numerous times. These calls to Mid Atlantic
Waterproofing were never initiated by the tenant as landlord and or landlords husband/handyman Jim Righter
would call and/or inspect the property for issues. Mid Atlantic Waterproofing came to this rented house located
at 41 Country Club Road Carlisle, PA 17013 on numerous occasions both with documented service tickets and
not. Documented service tickets provided with this document include after the initial work on 2/11/13, 3/1/13
"having leaking in her basement,told her to mark where it was coming in from, crew did not clean up
completely and she would like to have it clean (floor still messy)", on that day Mid Atlantic hosed the floor and
left the entire floor wet and it remained wet for over a week, 5/9/13 "h/o said there is 2 leaks in basement, call
when 30 min away #717-440-5624, I asked h/o to describe where the leaks were and she was unsure because her
husband had saw them", 6/24/13 "h/o sd basement is leaking, 2puddles on the floor, can not tell where the
water is coming in **be sure to call when 20 min away, h/o wants to be there with the tenant**" 7/23/13 "rich
to inspect job, h/o still getting water in basement" 8/7/13 install stringer,box hot water heater with mida track
not landlords husband installed water heaters both leaked one which was there when tenants moved in and one
he replaced during tenancy, 9/3/13 "puddles of water, same place has been, also seepage on back wall", 11/12/13
"dampness on east wall" Water continued to come in and because lease was running out no more visits from
Mid Atlantic Waterproofing happened even though water and mold still existed. This is evident by the landlord
having Mid Atlantic Waterproofing on 3/18/14 coming to the property after we had moved out on 2/17/14. Mid
Atlantic Waterproofing employee Scott said there was still water in the basement, and some cracks in the
cement. So the landlord knows of the problem still existing after we moved out on 2/17/14. We were not
satisfied, the house smelled of mold and mildew and had signs of it throughout the house as well as there were
problems with the electric, plumbing, broken windows and doors etc.... We paid $850 due to not being satisfied.
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Service Ticket
Customer: ]Im & Arlene Righter • ,
AddreSS: 41 Country Club Road ,
Phone:
Directions:
Carlisle: PA.,17015• .
(717)440-5624
Aaslgned To:.,,.
Dateof Original Install:
Installer`„:
Service Date/Tlme:
JOb Number:
Ticket*: 1 .
Emig, Stott
02/11/2013, ,
Erratn Velasquez
03/18/2014 08:00 AM - x10:00 AM
34762
34350
•
Nature of Problem:
call 20 min away
Resolution:
leakage coming in on east wall
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Time in: i `7 iC u rrl Time Out 99; 4(19
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Diagram (if applicable):
Customers Signebd a of Satisfaction:
Installers Signature of Completion:
O3r17/2014 03:28 PM
Date: 12-44 f ,
L7,
Date: 3/<,h7's
Brittany Phe
Service Tick
Custonmer: Jim d► Arlene (tighter Assigned To: t.ubicky, Rids:rd
Address: 41 Country Club Road Date of Original Install: 02/11/2013
Installer: Efrain Velasquez
Carlisle, PA 17015 Service Oate/Ti nec 07/23/2013 10:00 AM • 12:00 PM
Phoned (717)440-5624 Job Numbers
Ticket#:
Direction:
Nature of Nubians:
rich to Inspect job, No still getting water in basement
34762
29972
Diagram (11 appll
Customer's Signature of Satisfaction:
Installer's Signature of Completion:
07/22/2013 112 6 AM
erittny Pao
Service Ticket
Customer: Jim & Arlene Righter Assigned To: Kostalas, Kostas
Address: 41 Country Club Road Date of Original Instath 02/11/2013
Installer: Efrain Velasquez •
Carlisle, PA 17015 Service Dat/Time: 06/24/2013 08:00 AM - 10:00 AM
Phone: (717)440-5024 Sob Number: 34752
Tickets: 28828
Direction=
Nature of Problem:
h/o sd basement is leaking, 2 puddles on floor, can not tell where the wader is cum
from
*•be sure to call when 20 min away, h/o wants to be then with the tenants*
Customer's Signature of Satisfaction:
Installer's Signature of Completion:
. 06t21/201310:3T AM
Brittany Poe
Service Ticket
Customer: Jim & Arlene Rhghter AscJgned To; Emig, Scott
Address; 41 Country Club Road Date of Original Install; 02/11/2013
installer; Efrain Velasquez
Carlisle, PA 17015 Service Date/Timo; 09/03/2013 08:00 API - 10:00 AM
Phone: (717)440-55Z4 3ob lluntben 34762
Directions*
Ticket:43, • 30651
Nature of Problem; puddles Of water, same piece Its been, also seepage on back wall, address and resolve
8:25- call when 20 min away
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Diagram (if applicable);
Customer's Signature of Satisfactin
installer's Signature of Completion:
08/29/2013 10:54AM
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Date:
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Briiiany Poe
Customer
Address:
Phone:
. Directions:
yim & Arlene Righter
41 Country Gob Road
Carlisle, PA 17015
(717)440-5624
Nature of Problem:
Service Ticket
Assigned To:
Date et Original Install:
Service Date/tbaae:
Sob Number:
Ticket*
instal) stringer, box hot water heater with mlda track
Mobiles, Koalas
02/11/2013
Efrain Velasquez
08/07/2013 08:00 AM - 10:00 AM
34762
30221
Diagram (il' applicab
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Customer's Signature of Sat:4Tact$on:
Installer's Signature of Completion:
081D6/2b1312:23 PM
Brittany Poo
51- THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
-1‘---45:(Jlene E Righter, and
Arlene E Righter, trading and doing
business as Ellen Homes
51 Shellbark Court
Carlisle PA 17015
Common Ple'as Action
717-243-5768 No. 14-852 Civil Term
PLAINTIFF
Jodi and/Or Jody Wingate and
Michael Robinson
Post Office Box 54
Boiling Springs, PA 17007
DEFENDANTS
To: Jodi and/or Jody Wingate and
Michael Robinson
DATE: August 13, 2014
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS -NOTICE, A
JUDGMENT MAY BE EN'TERED AGAINST YOU WITHOUT A HEARING AND YOU .
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY 0.1.1 -,ER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
MidPenn Legal Services Carlisle Office Cumberland County Bar Association
401 E. Louther Street, Suite 103 32 S Bedford Street
Carlisle PA 17013 1 Carlislp pA 17013
iPK
ned: Arlene gh r,
Arlene E Righter, trading and doing
business as Ellen Homes
51 Shellbark Court
Carlisle PA 17015
717-243-5768
711
mF
rn
o
Prl
—1
SERVICE
On August 13, 2014 I, Arlene E Righter, did personally send a copy of this
filing to the Defendants by first class US Mail at the address they provided to this
court in their appeal filing; being Post Office Box 54 Boiling Springs, PA 17007.
.-„IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Arlene E Righter, and
Arlene E Righter, trading and doing
business as Ellen Homes
51 Shellbark Court
Carlisle PA 17015
717-243-5768
PLAINTIFF
Jodi and/or Jody Wingate and
Michael Robinson
Post Office Box 54
Boiling Springs, PA 17007
DEFENDANTS
To: Jodi and/or Jody Wingate and.
Michael Robinson
August 13, 2014
Common Pleas Action
No. 14-852 Civil Term
IMPORTANT NOTICE REGARDING INTERROGATORIES
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PROVIDE
RESPONSES TO PLAINTIFF OF INTERROGATORIES AS REQUESTED BY PLAINTIFF
AND/OR FILE LEGITIMATE OBJECTIONS TO THEM. UNLESS YOU ACT AND
PROVIDE THEM TO PLAINTIFF WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, SANCTIONS, INCLUSIVE OF A JUDGMENT FOR PLAINTIFF'S CLAIMS IN
FULL MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
MidPenn Legal Services Carlisle Office Cumberland County Bar Association
401 E. Louther Street, Suite 103 32 S Bedford Street
Car .leP17013 t
,i . _..
�gned: Arlene E ' 'ght-r, a
Arlene E Righter, trading and doing
business as Ellen Homes
51 Shellbark Court
Carlisle PA 17015
717-243=5768
Carlisle PA 17013
rn
rr
G7 L�
= -Ti
CD 'Ti
��e
SERVICE
On August 13, 2014 1, Arlene E Righter, did personally send a copy of
this filing (Interrogatories Default Notice) to the Defendants by first class US Mail
at the address they provided to this court in their appeal filing; Post Office Box 54
Boiling Springs, PA 17007
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Arlene E Righter, and
Arlene E Righter, trading and doing
business as Ellen Homes
51 Shellbark Court
Carlisle PA 17015
717-243-5768
PLAINTIFF
Jodi and/or Jody Wingate and
Michael Robinson
Post Office Box 54
Boiling Springs, PA 17007
DEFENDANTS
Common Pleas Action
No. 14-852 Civil Term
To: Jodi and/or Jody Wingate and
Michael Robinson
August 13, 2014
IMPORTANT NOTICE REGARDING REQUESTS FOR PRODUCTION
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PROVIDE
RESPONSES TO PLAINTIFF OF REQUESTS FOR PRODUCTION AS REQUESTED BY
PLAINTIFF AND/OR FILE LEGITIMATE OBJECTIONS TO THEM. UNLESS YOU ACT
AND PROVIDE THEM TO PLAINTIFF WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, SANCTIONS, INCLUSIVE OF A JUDGMENT FOR PLAINTIFF'S CLAIMS IN
FULL MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
MidPenn Legal Services Carlisle Office Cumberland County Bar Association
401 E. Louther Street, Suite 103 32 S Bedford Street
C. sle PA 170134 Carlisle PA 17013
"Alfffil,
c-_
ign- a : Arlen- ' Ri. ter, Yd r, -,cm
Arlene E Rig er, tr: a in! . nd doing
business as Ellen Homes
51 Shellbark Court -
Carlisle PA 17015
c -5
717-243-5768
-{
-c-
C") C)
CA)
SERVICE
On August 13, 2014 I, Arlene E Righter, did personally send a copy of
this filing (Default Notice Regarding Requests for Production) to the Defendants
by first class US Mail at the address they provided to this court in their appeal
filing; Post Office Box 54, Boiling Springs, PA 17007.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Arlene E Righter, and
Arlene E Righter, trading and doing
business as Ellen Homes
51 Shellbark Court
Carlisle PA 17015
717-243-5768
PLAINTIFF
Jodi and/or Jody Wingate and
Michael Robinson
Post Office Box 54
Boiling Springs, PA 17007
DEFENDANTS
support
Common Pleas Action
No. 14-852 Civil Term
MOTION FOR JUDGMENT
IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS
•
And now, comes Plaintiff with this MOTION as captioned above, and the following in?
On July 14, 2014, this Court issued and ORDER required Plaintiff "to file an amended
complaint including a verification within 20 days" of July 14, 2014. Plaintiff followed this
court's order and promptly filed an amended complaint on July 17, 2014. Plaintiff also re -sent
Interrogatories and Requests for Production on July 17, 2014 to Defendants. Plaintiff did not
and has NOT received any responsive pleading to the complaint from Defendants as of this date.
Nor has Plaintiff received any response whatsoever to the Interrogatories and Requests for
Production as of this date.
Plaintiff also followed through with sending default notices regarding the complaint,
interrogatories, and requests for production to Defendants on August 13, 2014.
It is noted, however, that upon checking with the Prothonotary's files, Plaintiff has since
found that Defendant Wingate filed what she titled a "Response " that clearly did not comply
with Pennsylvania Rules of Court, at least with respect to Pa. RCP 1029 and Pa RCP 1024. Nor
was it served on Plaintiff Plaintiff found the "Response....." when checking the case filings.
With respect to the total failure to provide/send Plaintiff a copy of the "Response...."
PaRCP 493a5(a) specifically requires that " (a) Answers to complaints (if it can be called an
1
answer) requiring a response shall be filed with the Clerk and served on all other parties
within 30 days after the date of service of the complaint........
It is noted that Defendant's initial "Response," filed on April 3, 2014, also not only failed
to abide with rules of procedure, it, also was not timely served on Plaintiff despite averment as
per the Prothonotary's records that it was.
Additionally, in this case and the magistrate's case prior hereto, Defendant Robinson has
signed absolutely no pleadings nor has he made any appearance whatsoever. Wherefore, on this
basis alone, it is submitted that Judgment against Defendant Robinson is warranted and motioned
for.
As to Defendant Wingate's undersigned "Response " (and the previous "Response....."
clear rules of court Pa RCP 1024 (a) requires that "Every pleading containing an averment of
fact not appearing of record in the action or containing a denial of fact shall state that the
averment or denial is true upon the signer's personal knowledge or information and belief and
shall be verified." Defendant(s) failed to abide by the rule in her (or their) initial response and,
after clear notification by this court in its order of July 14, 2014, again failed to abide by the rule.
Wherefore, it is submitted that judgment is warranted and motioned for. In any event, this is
deemed to support judgment based upon other factors.
Also, as to Defendant(s) "Response....." (and the previous "Response....") Pa RCP 1029
requires that " (a) A responsive pleading shall admit or deny each averment of fact in the
preceding pleading or any part thereof to which it is responsive......Admissions and denials in a
responsive pleading shall refer specifically to the paragraph in which the averment admitted or
denied is set forth. Defendant(s) have clearly failed to make any appropriate denial and, as well,
have totally failed to, as required, "refer specifically to the paragraph in which the averment
admitted or denied is set forth."
(b) Averments in a pleading to which a responsive pleading is required are admitted
when not denied specifically or by necessary implication. A general denial or a demand for
proof except as provided by subdivision (c) and (e) of this rule, shall have the effect of an
admission." (It is noted that exceptions (c) and (e) are deemed not applicable in that (c) there
have been no statements of being without knowledge or sufficient information; and (e) plaintiff
is not seeking damages for bodily injury, death or property damages in this action — unpaid rents
and costs are the issues).
2
Due to the failure of Defendant(s) to abide by Pa RCP 1029 sections as stated above,
being after this court made clear note of the potential deficiency ("may not be specific enough to
comply') in its order of July 14, 2014, this motion for judgment is deemed supported and/or
warranted.
FURTHER, as to Interrogatories and Requests for Production
On April 14, 2014 Plaintiff, pursuant to Pennsylvania Rules of Civil Procedure 4001 et
seq, did serve upon Defendants both Interrogatories and, as well, Requests for Production, copies
of which were attached to Plaintiffs "Motion for Sanctions " that were filed previously.
Defendants had until on or about May 14, 2014 to respond.
Defendants failed to respond or object to the above noted discovery by May 14, 2014.
Plaintiff thence mailed DEFAULT NOTICES to Defendants on May 14, 2014 which
were provided to this court by copy in the initial Motion for Sanctions filed on June 24, 2014.
Defendants, as of this date of filing, have had over four months to file the appropriate
ANSWERS and REQUESTS since the DEFAULT NOTICES were sent out (requiring them to
answer in "TEN DAYS)." And, as well, the notices clearly contained on their face that a
"JUDGMENT FOR PLAINTIFF'S CLAIMS IN FULL MAY BE ENTERED.... WITHOUT A
HEARING " Defendants, without regard, have ignored the notices.
Additionally, as to both Interrogatories and Requests for Production, Plaintiff resent both
to Defendants on July 17, 2014 (along with the amended complaint; and adding a limited number
of Requests). Defendants, again, totally failed to respond.
On August 13, 2014 Plaintiff sent default notices (giving ten days to respond) for failure
to comply to the Interrogatories and Requests for Production, along with default notice with
respect to failing to file an answer to the amended complaint. Said default notices were also filed
with the Prothonotary, being referenced to as if incorporated herein.
As of this date, Defendants have totally failed to respond in any way, shape, or form to
any discovery and are well beyond default.
Wherefore, due to failures regarding discovery, SANCTIONS and JUDGMENT,
pursuant to PaRCP 4019 and possibly otherwise, are deemed most appropriate on these issues
alone. (Plaintiff submits that at least PaRCP 4019 (a)(1) (i), (iii), and (viii) are deemed to
support judgment in Plaintiffs favor for failure to serve answers or objections, and are deemed to
apply here. Additionally, it appears that 4019 (c) (3), entering judgment due to default, and (5)
3
entering a just order due to default, also apply here in support of entering judgment and just
decisions). It is noted that Pa RCP 4009.1 (b) clearly supports sanctions in favor through
application of Rule 4019 governing enforcement and sanctions for failure to make discovery.
PaRCP 4019 has an "Official. Note" that .mentions that a, court of common pleas, under
Local Rule 208.2 (e) may require that the motion contain a certification that one has conferred
or attempted to confer with interested parties in order to resolve the matter without court action.
While this Court may or may not have this requirement, it is stated/affirmed/certified that
Plaintiff, in fact, hereby certifies that she has made, attempts to settle the matters with Defendants
to no avail — without even a reply.
ADDITIONAL FACTORS submitted to the Court in further support and consideration of
granting sanctions are the following
In the "Response...." Submitted/undersigned exclusively by Defendant Wingate notes
some form of failure to alleged Defendants to be satisfied with an alleged mold problem and
possible water issue which, based upon a clear and•factual payment by Defendants in excess of
their stated $850 (being $1,125 in April, 2013), constituted acceptance of satisfaction.
Additionally, Defendant's "Response" is factually misleading in that they did, in fact,
increase payment of rent to • $1,125 after the work was done, constituting acceptance. They later
decided to reduce the rent back to $825 without providing any responsible reason for same.
Further, in that regard Plaintiff completely replaced a section of wall in the subject
bedroom with new wall material of higher standards than normal and, as well, had the wall
painted to the obvious satisfaction of Defendants. Further, the alleged water issue (after obvious
satisfaction by payment of $1,125 rent the month after completion of the work) is and was a
moot point as per conditions of the lease. The lease states most specifically on Page 4 that
"11. Owner or Agent does not represent the basement to be habitable nor do they accept any
responsibility for water or, mildew damage in the basement. " It is noted that Plaintiff expended in
excess of $15,000 in correcting water seepage problems in the basement.
It is also noted that there has been absolutely NO evidence of water seepage in to the
basement from outside, even a small amount, since the Defendants moved out. Further, in a
place where Plaintiffs agents found water on the floor (during Defendant's occupancy) it is still
unexplained as to how it got there, there has been ABSOLUTELY NO mysterious water found
there whatsoever since Defendants moved out.
4
Further, while it may somehow be stated that Defendant Wingate had some right to file in
behalf of her alleged spouse Robinson, one of the production requests (number 12 initially and as
re -sent) requested proof that they are, in fact, a married couple is also unanswered. Plaintiff
submits, therefore, that without any support of defense and appearance or even a known
signature whatsoever to the magistrate's action and, likewise in this action, judgment in Plaintiffs
favor against Defendant Robinson is deemed most appropriate regardless of this motion.
Additionally, the initial "Response" to the Complaint (undersigned by Wingate only) was
absolutely NOT mailed to Plaintiff on a date even closely to that which was stated/represented in
the case file. Plaintiff found that the "Response" had been filed by conversation with the
Prothonotary's office. And, as well, Plaintiff has yet to be served a copy of their second
"Response " which is deemed to be in further support of Judgment in Plaintiffs favor by
failure to respond to Plaintiff.
It is further noted that, although not of issue in this action, when Defendants moved out
of Plaintiffs subject property at 41 Country Club Road, Carlisle PA, they caused damages and
expenses as they left the property damaged, caused clean up costs and repairs, caused Plaintiff to
have to pay some of their utility bills, caused Plaintiff and others significant time loss, and even
took property of Plaintiffs for which Plaintiff is considering additional action(s) against
Defendants. That amount was in excess of $3,000 and after credits for other rent paid and
deposit leaves an amount in excess of $1,600 which Defendants have also failed to respond to.
Significantly more could be stated with respect to Defendants' tenancy.
Plaintiff notes that in indirect support to this action, it is self-evident that Defendants
have also caused significant damages to another landlord where they resided prior to residing at
Plaintiff's property, for which judgments have been entered against them. One Sandra F. Ditzler
has the following two judgments against the same Defendants in this case. See case number
2013-1624 in this court in the amount of $6,077.46. See also 2013-4024 in the amount of
$4,993.34 — totaling $11,070.80.
Additionally, it is submitted that Defendant Wingate's credibility can also be questioned
due to the fact that she has been arrested and is facing charges for impersonating a doctor; more
specifically forgery, identity theft, theft by deception/false impression, actions in furtherance of
false pretenses, deceptive business practices, possession of marijuana, and use/possession of drug
paraphernalia . (She also claimed she was a "doctor" to myself and others). I understand
5
Defendant Wingate is under investigation for other possible charges. I have been informed that
the current incident number is SP #02-3203589 with the Pennsylvania State Police and the
criminal docket number in Cumberland County, PA is CP-21-CR-0002285-2014 and the case
number is understood as T 482942-5.
It is also specifically noted in the unserved "Response " provided and undersigned
by Defendant Wingate only, it is claimed she had permission to operate a business and makes
mention of having used the location for business purposes "as evidenced by her business
stationary (sic) having her residence address on it." Factually, Plaintiff has never seen any of
Defendant Wingate's alleged business stationery. Along with the fact she clearly stated she
operated a business from the residence, she was doing so obviously illegally. (It is noted that if
Defendant Wingate did, in fact, have business stationery as stated, it could possibly be used as
evidence in the pending criminal prosecution along with the advertisements she put in truck stops
to offer driver's physicals).
In her criminal prosecution for allegedly being a doctor that gave physicals to truck
drivers, we are aware of the fact that she did serve truck drivers at the residence and have even
provided authorities with a picture of a semi-truck tractor parked in the driveway. Additionally,
paragraph 12 of the subject lease clearly stated "12. CONDUCTING A BUSINESS. No business of
any type shall be operated on the premises unless otherwise specifically approved by landlord in
writing." Nor, contrary to Wingate's assertion, was she ever given permission to operate a
business, nor an illegal business, on the premises. In fact, Page 1 of the lease clearly
stated "Tenant agrees to use the property only as a residence or carry on any unlawful business."
It is also specifically noted that Wingate/Robinson were, by letter of July 15, 2013, told
by Attorney Robert G. Frey (Frey & Tiley) that if they were not satisfied with the over $15,000
spent by Plaintiff in remedying the alleged mold situation they "should move from the property"
and that I was willing to allow them "to terminate the lease early and vacate the property" and
that the "rent will continue to be due in the amount of $1,125 per month" being after they had
even paid the increased amount after the work was completed. Clearly, they were allowed the
absolute opportunity to vacate the premises without recourse. However, they, effectively, now
claim the property was hazardous though they clearly lived in it anyway (until evicted) and
conducted business therein with customers and/or clients and/or patients. And, clearly, if the
'condition of the property was as bad as stated they were knowingly subjecting their customers
6
and/or clients and/or patients to health hazards.
And, as well, despite the opportunity to move, Defendant(s) now allege "mold spores
infiltrating the house" even in "direct relation to Mid Atlantic Water proofing" and their work
that was done in elimination of water leakage in the basement that was, as per the lease they
signed and accepted as not habitable and they accepted to hold Plaintiff not responsible for "any
water or mildew damage in the basement. " (See page 4 of this motion for the exact wording
in the lease).
In Defendant(s) "Response....." dispersions are mentioned about the HVAC furnace/air
conditioning system. Simply, it is self-evident that if a furnace is used, the heat would eliminate
any alleged spores and mildew in it. Further, Defendant(s) failed to state that they had the
central air conditioning circuit breaker removed and then had the panel space used for power to
the jacuzzi they had installed and wired without Plaintiffs permission. The central air system
worked in conjunction with the furnace and it would be beyond belief that Plaintiff would have
approved of the modification to the electrical system that clearly adversely affected the HVAC
system making it significantly inoperable. However, Wingate claimed they had permission to
make the electrical changes effecting the HVAC system — which they did not. It is also noted
that Page 1 of the lease specifically states "Tenant agrees not to alter or make additions to the
property without Owner or Agent's permission."
As to at least their modifying the electrical system and operating a business, even
obviously illegally, Page 8 of the lease states "THE EXPRESS written consent of the Landlord to
vary the provisions of this agreement and/or the rules and regulations is required." No verbal or
written permission was given.
The "Response...." is also deemed misleading in that it stated they "moved out on
2/17/14." Factually, they were evicted and if not for the eviction they would have most
obviously stayed longer in the property they now, effectively, condemn and claim as being
unsatisfied.
The non-complying unserved "Response " contains other allegations that Plaintiff
has never heard of prior to reading the "Response" Plaintiff shall not further enumerate on
the ridiculousness and obvious false and misleading information to the court.
Plaintiff clearly submits that if the property was so inhabitable and, in effect, a health
hazard, even with Defendant Wingate claiming to be a "doctor" (even at the Magistrate's
hearing) they should have been most happy to vacate the premises as they were clearly offered
without penalty whatsoever. It is also noted that at the Magistrate's hearing in which eviction
was also an issue, Magistrate Fegley stopped my husband's testimony and presentation of
photographic evidence and told him that he had already "heard enough" of the evidence and
testimony.
In summation, Plaintiff feels this motion for judgment is warranted due to at least the
following Defendant Robinson has totally failed to appear, undersign, and answer in
both this proceeding and in the magistrate's hearing warranting judgment against Defendant
Robinson on its own; Defendant(s) "Response......" does not comply with Pennsylvania Rules of
Court at least with respect to Pa. RCP 1029(a) and (b) by failing to appropriately admit or deny
averments; nor does the "Response...." Comply with Pa RCP 1024(a) by failing to provide
verification; Defendants failed to provide Plaintiff with a copy of the "Response...." as
specifically required by PaRCP 493a5(a); Defendant(s) have totally failed to respond to
Interrogatories, having been served twice, warranting sanctions at least as per PaRCP 4019;
Defendant(s) have totally failed to respond to two sets of Requests for Production warranting
sanctions at least as per PaRCP 4019; and, at least, Defendant(s) has/have provided clearly
provable misleading and false information to this court. And, as well, in the Court's ORDER of
July 14, 2014, Defendant(s) were given ample warning that their "response" may not be specific
enough to comply with Pa. R.C.P 1029.
Under the circumstances Plaintiff prays that the court will grant this motion and
sanctions, preferably judgment in favor of Plaintiff in the amount of at least $2,766.70 as
requested in the COMPLAINT in this matter.
While it may or may not be permissible/discretionary by the Court, Plaintiff submits that
an additional amount(s) would be deemed most justified and is requested in this case to
compensate Plaintiff for time loss, expenses, research, and preparation in this matter.
WHEREFORE, Plaintiff requests/motions this Court to enter judgment in favor of
Plaintiff and against Defendants in the amount of $2,766.70 as requested in the COMPLAINT
plus any and all other amounts that the Court deems fair and permissible.
dthis 8t/iayo -pte •er 014
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ne E. Righter ' IFF` • ividually and
ene E. Righte -, tdb. llen ' omes
8
51 Shellbark Court
Carlisle, Pennsylvania 17015
VERIFICATION
I, Arlene E Righter, hereby state and affirm that all of the information in this filing is true
and correct to the best of my personal knowledge, information and belief.
SERVICE
On September 8, 2014, I, Arlene E Righter, did personally send a copy of this filing to
the Defendants by US Mail first class at the address they provided to this court in their appeal
filing; being Post Office Box 54, Boiling Springs, PA 17007
9
ARLENE E. RIGHTER and
ARLENE E. RIGHTER,
Trading and doing business: as
ELLEN HOMES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION — LAW
JODI and/or JODY WINGATE .
And MICHAEL ROBINSON, :
Defendants : NO. 14-852 CIVIL TERM
MOTION FOR JUDGMENT IN FAVOR
OF PLAINTIFF AND AGAINST DEFENDANTS
ORDER OF COURT
AND NOW, this 6th day of January, 2015, upon consideration Plaintiff's Motion
for Judgment in Favor of Plaintiff and Against Defendants, and Defendants' failure to
comply with Pa.R.C.P. 1029, we deem all averments of Plaintiff's Complaint admitted.
Therefore, we enter judgment in favor of Plaintiff in the amount of $2,766.70.
BY THE COURT,
Christylee L. Peck, J.
Arlene E. Righter and
Arlene E. Righter, trading
And doing business as Ellen Homes
51 Shellbark Court
Carlisle, PA 17015
Plaintiff, pro Se
-� Jodi and/or Jody Wingate
Michael Robinson
P.O. Box 54
Boiling Springs, PA 17007
Defendants, pro Se
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