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Home My WebLink About14-6185 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No.N lk�--*'7 f 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG.DIST.NO. NAME OF MDJ ..` P/, . T F S -aq- —03 WOfYoARbt S n/ h`, ADDRESS OF APPELLANT CITY STATE ZIP CODE , 6 TR,np: v lnemu YT-1-1,011V 5 I s . t la i'7d6-5— DATE OF JUDGMENT IN THE CASE OF(Plainti I (Defendant)' DOCKET Nb. SIGNATURE OF APPELLANT OR ATTORNEY OR ArSENT rYl7�-o"�3o3-�v-,04ao0 1l8 -ao/,/ -- z W,zl� - This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant lsle 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 Ilea v je/-/*I a- Lq -OZ AIR.2 appellee(s),to file a complaint in this appeal Name of appellee(s) (Common Pleas No./4/, !7!C3 ��j j }within twenty(20)days after service of rule or suffer entry of judg nt of non pros. Signat r of appellant&attorney or agent RULE: To .�flGCr ra 1�+' 'L d9P. ��t ,y ,Z, appellee(s) Name of appeltee(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. r ` ,(3,,) The date of.service of this rule if service was by mail is the date of the mailing. Signature of Prothonotary or Deputy 0 lee / Tim ._ �,� ' `CUU (i11uS? IfVCt_Ui7E A COPYRF, .IDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL tt L� jj {,# P AOPC 312-05 . ,` '_'t RV i z loo'!i z t/ �l COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF-CUMBERLAND ; " Case Mag. Dist. No: MDJ-09-3703 Jacqueline & Laree Beilharz MDJ Name: Honorable Susan K. Day v Address: 229 Mill Street Charlie Topper P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Charlie Topper Docket No: MJ-09303-CV-0000118-2014 26 Trine Avenue Case Filed: 8/11/2014 Mt. Holly Springs, PA 17065 Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09303-CV-0000118-2014 Jacqueline&Laree Beilharz Charlie Topper Judgment for Plaintiff 09/25/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Charlie Topper $0.00 $11,087.11 $11,087.11 Jacqueline&Laree Beilharz $0.00 $0.00 $0.00 udgment Finding. (`Post Judgment) In the matter of Jacqueline & Laree Beilharz vs. Charlie Topper on MJ-09303-CV-0000118-2014, on 9/25/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $10,913.61 $10,913.61 Filing Fees $0.00 $173.50 $173.50 z Grand Total: $11,087.11 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A. COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES.IF THE JUDGMENT .HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE:ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Magisterial District Judge Susan K. Day certify that this is a true and correct copy of the record of the proceedings containing t e.judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed:09/25/2014 11:06:05AM Jacqueline & Laree Beilharz Docket No.: MJ-09303-CV-0000118-2014 V. Charlie Topper Participant List Plaintiff(s) Jacqueline&Laree Beilharz 4 Catalpa Ct r Boiling Springs, PA 17007-9568 , �. Defendant(s) Charlie Topper 26'Trine-Avenue Mt. Holly Springs, PA 17065 rt f , k. t A i 'f MDJS 315 Page 2 of 2 Printed:09/25/2014 11:06:05AM l'ILED-OFF/CE QF THE PRO THOM) TAR 2014 OCT 31 PH I: 42 CUMBERLAND COUNTY PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA • COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I served L a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Jud.e designated therein on (date of service) , 20 i/ , EE. by personal service sender's receipt attached hereto, and upon the appellee, (name) , 20 /V Eby personal service11,------ by (certified) (registered) mail, sender's receipt attached hereto. on :CitC'epieL,d" 2/11A 13 if 1114AZ • (SWORN) AFFIRMED) A D SUBSCRIBED BEFORE ME THIS3IS DAY OF 20 J Sig official fore vflhm affidavit was made Title of official My commission expires on , 20 Prothonotary, Cumberland County, Carlisle, PA , My Commission Eipires the First Manley of Jart 2018 ; C:1 CZI —0 fri I1J rR Dr - AOPC 312A - 05 Signature of affi U.S. Postal Service TM CERTIFIED MAILTM RECEIPT (Domestic:Wjruy; No Insurance Coverage Provided) For eeIlvery information visit our website at www.usps.com® Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees tO.49 0065 08 Postmark Here 10/30/2014 Sent To gtreet, Apt. No.; or PO Box No. City, State, 0124-4 PS Form 3800, August 2006 See Reverse for Instructions DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 N) err JACQUELINE BEILHARZ and LARREE BEILHARZ, husband and wife Plaintiffs v. CHARLES A. TOPPER, SR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO: 14-6185 CIVIL TERM : CIVIL ACTION — IN LAW PRAECIPE TO ENTER APPEARANCE To The Prothonotary: Kindly enter my appearance as attorney for Plaintiffs Jacqueline Beilharz and Larree Beilharz, in the above captioned matter. Date: November 26, 2014 DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiffs s E C T 0 N A s E C T I 0 N B Supreme Cou of--Tennsylvania fir Court Common.Pleas Civil. Cover4Sheet County v v For Prothonotary Use Only: Petition Declaration of Taking Docket No: PI 4185 �� Si, -14,40 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking MI Complaint Illi Writ of Summons U N Transfer from Another Jurisdiction NI Lead Plaintiff's Name: Jacqueline Beilharz Lead Defendant's Name: Charles A. Topper, Sr. Dollar Amount Requested: III within arbitration limits Are money damages requested? 'x Yes • No (check one) • outside arbitration limits Is this a Class Action Suit? ® Yes II No Is this an MDJAppeal? El Yes X No Name of Plaintiff/Appellant's Attorney: Dott866 C. Love la ct j 3r. sot ll e.f.? ? a Self -Represented [Pro Se] Litigant) X Check here if you have no attorney (are 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) O Intentional 0 Malicious Prosecution O Motor Vehicle 0 Nuisance 0 Premises Liability 0 Product Liability (does not include mass tort) El Slander/Libel/ Defamation 0 Other: MASS TORT 0 Asbestos O Tobacco O Toxic Tort - DES Q Toxic Tort - Implant Toxic Waste ❑ Other: • PROFESSIONAL LIABLITY O Dental O Legal Q Medical 0 Other Professional: CONTRACT (do not include Judgments) 0 Buyer Plaintiff m Debt Collection: Credit Card O Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other 0 Other: REAL PROPERTY 0 Ejectment 0 Eminent Domain/Condemnation ® Ground Rent El Landlord/Tenant Dispute 0 Mortgage Foreclosure: Residential 0 Mortgage Foreclosure: Commercial El Partition El Quiet Title O Other: CIVIL APPEALS Administrative Agencies IJ Board of Assessment O Board of Elections Dept. of Transportation Statutory Appeal: Other • ▪ Zoning Board O Other: MISCELLANEOUS 0 Common Law/Statutory Arbitration El Declaratory Judgment CJ Mandamus ❑ Non -Domestic Relations Restraining Order 0 4 Quo Warranto 0 Replevin 0 Other: r iL :,. OFICE Cr THE PROiHt,NJ f;RY 2014 NOY 26 Pik Li: 27 CUMBERLAND COUNTY PENNSYLVANIA DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 JACQUELINE BEILHARZ and LARREE BEILHARZ, husband and wife Plaintiffs v. CHARLES A. TOPPER, SR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO: 14-6185 CIVIL TERM : CIVIL ACTION — IN 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 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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 NOTICIA LE HAN DEMANDADO 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 CORTE EN FORMA ESCRITA SUS DEFENSES 0 SUS OBJECTIONS A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO 0 NOTIFICACION Y POR CUALQUIER QUEJA 0 ALIVO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO 0 SUS PROPIEDADAS 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA UN PERSONA 0 LLAME POR TELEPHONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 Date: November 26, 2014 DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiffs 2 DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 JACQUELINE BEILHARZ and LARREE BEILHARZ, husband and wife Plaintiffs v. CHARLES A. TOPPER, SR.- Defendant R.-Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO: 14-6185 C1VIL TERM : CIVIL ACTION — IN LAW COMPLAINT AND NOW comes Plaintiffs Jacqueline Beilharz and Larree Beilharz, by and through their undersigned attorney, Douglas C. Lovelace, Jr., Esquire, and respectfully represent as follows in support of this Complaint: Parties and Personal Jurisdiction 1. Plaintiffs are adult individuals residing at 4 Catalpa Court, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is an adult individual residing at 26 Trine Avenue, Mount Holly Springs, Pennsylvania 17065. Venue 3. Venue in this court is proper because the parties entered into an agreement for the lease of an apartment in Cumberland County Pennsylvania and Defendant breached said agreement in Cumberland County Pennsylvania. Factual Allegations and Claims 4. On August 29, 2011, Plaintiffs, by written lease agreement with Defendant, leased to Defendant the residential premises at 6 Hedgerow Lane, Carlisle, Pennsylvania 17013, for a stated term of one year beginning September 1, 2011, at a rental rate of $750.00 per month, payable in advance on or before the tenth day of each month. A copy of the lease is attached as Exhibit "A." 5. The lease provided that the term of the lease would automatically renew on a month- to-month basis, unless notice of intention to terminate was given by either party not less than thirty days prior to the expiration of the initial one-year term on August 31, 2012. 6. With neither party giving notice of termination, the lease term became month-to- month on September 1, 2012, and Defendant continued in possession of the leased premises. 7. Beginning in December, 2013, Defendant became delinquent in payment of rent. 6. Defendant vacated the premises on March, 22, 2014. 7. At the time Defendant vacated the premises, Defendant was delinquent in the payment of rent and late fees, in the amount of $2,792.26. 8. The aforementioned sum of $2,792.26 is still due and unpaid, and Defendant, despite repeated demands, has failed and refused to pay the same, or any part thereof. 9. At the time Defendant vacated the premises, Defendant was delinquent in paying Plaintiffs $139.36 for Defendant's water bill. 2 10. The aforementioned sum of $139.36 is still due and unpaid, and Defendant, despite repeated demands, has failed and refused to pay Plaintiffs the same, or any part thereof. 11. At or prior to the time when Defendant vacated the premises, Defendant breached the lease agreement by unreasonably and willfully damaging, destroying and defacing the leased premises, in that: a. Defendant unreasonably damaged the apartment's flooring; such damage requiring $1,322.10 in repairs. b. After Plaintiff's instructed Defendant not to do so, Defendant removed tree branches causing damages in the amount of $3,535.00. c. Defendant unreasonably damaged the apartment's lawn causing damages in the amount of $422.00. d. Defendant left an inordinate amount of junk on the premises causing Plaintiffs to have to expend $360.00 for its removal. e. Defendant unreasonably damaged the premises' bathroom window frame; such damage requiring $113.05 in repairs. e. Defendant unreasonably damaged the premises' bathroom panel; such damage requiring $199.48 in repairs. f. Defendant unreasonably damaged the premises' walls by affixing adhesive stickers and making holes; such damage requiring $216.27, in repairs. g. Defendant unreasonably damaged three premises doors, such damage requiring $844.21 in repairs.' h. Defendant unreasonably damaged three trees requiring their replacement at a cost of $875.00. 3 i. Defendant unreasonably damaged a vanity drawer; such damage requiring $42.52 in repairs. j. Defendant unreasonably damaged the premises' dining room windowsill; such damagerequiring$89.18 in repairs. k. Defendant removed window shades and hardware, leaving holes, requiring Plaintiffs to replace the shades and repair the holes at a cost of $597.14. 1. Defendant unreasonably damaged the premises' bathtub; such damage requiring $595.00 in repairs. 12. Defendant paid Plaintiffs a security deposit of $750.00. 13. Plaintiffs applied Defendant's security deposit, in partial satisfaction of the $2,792.26 in back rent and late fees, Defendant's unpaid water bill of $139.36, and $9,220.95, for repairs owed by Defendant, as a result of Defendant's breach of the lease, leaving a balance due to Plaintiffs of $11,392.57. 14. Plaintiffs provided Defendant written notice of the aforementioned damages and rent delinquency, as required by applicable law. 15. Defendant owes Plaintiffs $11,392.57 for unpaid rent, late fees, unpaid water bill, and for unreasonable damage, destruction, and defacement of the leased premises. 16. In spite of repeated demands by Plaintiffs for payment of the aforementioned $11,392.57, Defendant has failed and refused and still refuses to pay the same or any part thereof. WHEREFORE, Plaintiffs respectfully request this Honorable Court enter judgment in their favor and against Defendant as follows: 4 (1) in the amount of $$2,042.26 for back rent and late fees, with interest from December 10, 2013 ($2,792.26 - $750.00 deposit) ; (2) in the amount of $139.36 for Defendant's unpaid water bill; (3) in the amount of $9,210.95 for repairs; and (4) costs. Dated: November 26, 2014 Respectfully submitted, DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for the Plaintiffs 5 Residential Lease This LEASE, dated 37 ? /% is betweenNipgk - 7,094-.02se called "Tenant," and Jacqueline Beilharz and Larree Beilharz, called "La ord.'' PROPERTY The Landlord agrees to rent to the Tenant the property at 6 Hedge Row Lane in Carlisle, Pennsylvania 17013. TERM Starting Date: This Lease starts on Ending Date: This Lease ends on As, 0446c:24:71I , at 12 Noon. iii C c9 6 / , , at 12 Noon. RENEWAL TERM This Lease will automatically renew for a term of month-to-month at the Ending Date unless: • Tenant gives Landlord 30 days' written notice before Ending Date or before the end of any renewal Term, or • Landlord gives Tenant 30 days' written notice before Ending Date or before the end of any Renewal Term. • For Month -to -Month Leases Only: Either Landlord or Tenant may end a month-to-month Lease by giving 30 days' written notice on or before the day the next rent is due. RENT The total amount of rent due over the term of this Lease is: $9000 The total rent due each month is: Rent is due on or before the 10th day of the month. If rent is more than 5 days late, Tenant pays a late charge of: $5/day Tenant makes payments to : Larree Beilharz or Jacqueline Beilharz Address: 4 Catalpa Court, Boiling Springs, Pa 17007 Telephone: 717-249-7378 $750 BEFORE MOVING IN, TENANT PAYS Paid Due If Tenant takes possession before the first regular due date, then Tenant pays a part of a month's rent: $0 $0 First month's rent: $0 $750 Other (Last month's rent): $0 $750 Security Deposit (on deposit at Member's 1st Federal Credit Union) $0 $750 Total rent and security deposit received to date: $0 $0 Total amount due before Tenant moves in: $2250 USE OF PROPERTY Tenant will use property as a residence. Not more than 4 people will live on property. UTILITIES AND SERVICES Tenant will pay for: [ X ] Water and sewage (see below) [ X ] Trash removal [ X ] Snow removal Landlord will pay for quarterly minimum for water and sewer any charges above that amount. Tenant Initials: 1of6 [ X ] Electricity and, Heat [ X ] Lawn and shrubbery care [ ] Other: ($120). Tenant will be responsible for Landlord Initials: SPECIAL INSTRUCTIONS: The Office of Attorney General has not pre -approved any special conditions or additional terms added by any parties. Any special conditions or additional terms must comply with the Pennsylvania Plain Language Consumer Contract Act. CONDITION OF PROPERTY The property was built after 1977. Tenant understands that the Landlord will make no additions or changes to the property except as follows: Periodic changes may occur. RULES AND REGULATIONS Rules for use of the Property are attached. Tenant promises to obey the Rules. Landlord can change the rules if the change benefits the Tenant or improves the health, safety, or welfare of others. Everything on the Property when Tenant moves in belongs to the Landlord and will remain when Tenant moves out. TENANT'S CARE OF PROPERTY Tenant, Tenant's family and guests agree to obey all laws and Rules that apply to the Tenant. Tenant will: • Keep the Property clean and safe. • Keep the laundry/ 1/2 bathroom heated so that cold weather does not damage water pipes. • Get rid of all trash, garbage and any other waste materials as required by Landlord and the law. • Use care when using any of the electrical, plumbing, ventilation or other facilities or appliances on the Property. • Tell Landlord immediately of any repairs needed. Landlord does not have to repair any damage caused by Tenant's willful, careless, or unreasonable behavior. • Will keep Property reasonably free of pests, rodents and insects. • Will empty dehumidifiers at least twice weekly and more often as necessary. • Will maintain both remote controls for the garage door openers and replace them if damaged, lost, or stolen. Tenant will not: • Enter or use the attic space. • Place any holes, nails, tacks, screws or other objects that may pierce, disturb or vibrate the ceiling in any room. • Store any items (e.g. trash cans, toys) outside the buildings (house, garage, and shed). • Have any animals on the property without written permission of the landlord. Under no circumstances will any animals be allowed inside the house, unless written permission of the landlord has been given. • Change locks without written permission. If permission is given, the landlord must be provided a key. • Keep any flammable or explosive materials on the Property. • Willfully destroy or deface any part of the Property. • Disturb the peace and quiet of others. • Make changes to the Property, including but not limited to painting or remodeling, without the written permission of Landlord. Tenant understands that any changes or improvements will belong to the Landlord. Repairs by Tenant: Tenant will pay to repair any damage to the Property or to any item in or on the Property that Tenant or Tenant's guests cause through a lack of care. Tenant will be responsible for all repairs to'property resulting from misuse of property, poor care or failure to maintain property. Tenant Initials: d14 / 2 of 6 Landlord Initials: LANDLORD WILL MAINTAIN PROPERTY Landlord will keep the Property in reasonable condition and as required by law. Landlord will keep all systems and appliances supplied in safe and good working order. LANDLORD'S RIGHT TO ENTER Tenant agrees to let Landlord or Landlord's representatives enter the Property at reasonable hours to inspect, repair, maintain, or show the Property to prospective tenants and buyers. Landlord will give Tenant 24 hours' notice of date, time, and reason for the visit. In cases of emergency, Landlord may enter Property without notice. If Tenant is not there, Landlord will tell Tenant, who was there and why, within 24 hours of the visit. SECURITY DEPOSIT The Tenant will not pay a security deposit of more than two -month's rent the first year, and one - month's rent after the first year. Within the first five years, the security deposit can be raised, if the rent is raised. The Landlord will keep it in an escrow account and give the Tenant the name and address of the bank. After the second year, the security deposit must be kept in an interest-bearing escrow account. Landlord will pay Tenant the balance of the interest once a year. Landlord may keep 1 percent of the security deposit each year as an administrative fee. Landlord can use the security deposit to pay for unpaid rent and damages (beyond normal wear and tear) that are Tenant's responsibility. When Tenant moves from the property, Tenant will return all keys/garage door openers and give Landlord written notice of Tenant's mailing address where Landlord can return the security deposit. Landlord will prepare a list of charges for damages and unpaid rents. Landlord must retum security deposit and interest (minus any charges to Tenant) within 30 days. POSSESSION Tenant may move in (take possession of the Property) on the Starting Date of this Lease. If Tenant cannot move in because previous tenant is still there or because of property damage, then the Tenant can: • Change the starting date of the Lease to the day when Property is available. Tenant will not owe rent until Property is available; or • End the Lease and have all money already paid as rent or security deposit retumed. RENT INCREASES If the Lease is for a term of more than one year, Tenant agrees to pay Tenant's share of any increase in real estate taxes and water and sewer charges. If Tenant's actions cause an increase in property insurance, Tenant will pay the amount of the increase. After the first year, the Landlord may increase the rent by giving at least a two-month notice to the Tenant. NO PETS Tenant will not keep any pets on any part of the Property without Landlord's written permission. SMOKE DETECTORS Tenant will maintain and test (monthly) any smoke detectors on the Property. Tenant will notify Landlord of any broken smoke detectors(s). Tenant will pay for any damage to Property if Tenant fails to maintain smoke detectors. Tenant Initials: 1 A j , 3 of 6 Landlord Initials: 646 ?,e FIRE OR OTHER DAMAGE Under no circumstances will the Landlord be responsible for any damages to Tenant's personal property. If the Property is damaged (fire, flood, etc.): Tenant may continue to live on the livable part of the Property and pay a reduced rent as agreed to by Tenant and Landlord until the damages are repaired; if the law does not allow Tenant to live on the Property, then this Lease is ended; or If it is not possible for Tenant to live on the Property, Tenant must notify Landlord immediately that Lease is ended and move out within 24 hours. If Lease is ended, Landlord will return any unused security deposit or advanced rent to Tenant. If Tenant, Tenant's family or guests cause damage by fire or by other means, this Lease will remain in effect and Tenant will continue to pay rent, even if Tenant cannot occupy the Property. AFTER NOTICE TO END LEASE After Tenant or Landlord has given written notice to end this Lease, Landlord may show Property to potential tenants. Landlord will not show Property unless Tenant is there or has a reasonable chance to be there. Tenant does not have to allow potential tenants to enter unless they are with the Landlord or Landlord's representative, or unless they have written permission from the Landlord. Landlord may put up For Sale or For Rent signs on the Property. Tenant agrees to move out peacefully when Lease is ended. IF TENANT BREAKS LEASE Tenant breaks this Lease if: Tenant does not pay rent or other charges. Tenant leaves Property permanently before the end of this Lease. Tenant does not move out when supposed to. Tenant fails to do anything Tenant agreed to in this Lease. Non -Payment of Rent: If Tenant breaks Lease by not paying rent or other charges, Landlord cannot evict Tenant (force Tenant to move out) from the Property without a written notice. Tenant agrees that a written notice of FIVE DAYS is sufficient. This means that if Tenant has not moved from the Property before the sixth day after Landlord has given Tenant written notice, Landlord can file a lawsuit to evict Tenant. TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO A LONGER NOTICE TO MOVE OUT. Other Lease Violations: If Tenant breaks another term of this Lease, Landlord must give Tenant written notice describing the violation and giving Tenant FIVE DAYS to correct the problem. If Tenant does not correct the problem, then Landlord can then give Tenant FIVE DAYS' written notice to move from the Property. If Tenant does not move out, Landlord can file a lawsuit to evict Tenant on the sixth day. TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO LONGER NOTICES TO CORRECT PROBLEMS AND TO MOVE OUT. If Tenant breaks Lease for any reason, Landlord may: • Get back possession of the Property by going to court to evict Tenant. If Landlord hires a lawyer to start eviction, Tenant agrees to pay the lawyer's fees and Landlord's reasonable costs. • File a lawsuit against Tenant for rents and charges not paid and for rents and charges for the rest of the Lease term. If Landlord wins (gets a money judgment against tenant), Landlord can use the court process to take Tenant's personal goods, furniture, motor vehicles, and money in banks. • Keep Tenant's Security Deposit. Tenant Initials: d 7 4 of 6 Landlord Initials: SALE OF PROPERTY If Property is sold, on the date of settlement, Landlord will give Tenant in writing: • The name, address, and telephone number of the new landlord. • Where rent is to be paid. • Notice that the security deposit has been given to the new landlord, who will be responsible for it. Tenant agrees that Landlord may transfer Tenant's money and advanced rent to the new landlord. Tenant understands that Landlord will have no duties regarding this Lease after the Property has been sold. IF GOVERNMENT TAKES PROPERTY The government or other public authority can take private property for public use. The taking is called condemnation. If the government takes any part of the Property, Landlord will reduce Tenant's rent proportionately. If all the Property is taken or is no longer usable, this Lease will end and Tenant will move out. Landlord will return to Tenant any unused security deposit or advanced rent. No money paid to Landlord for the condemnation of the Property will belong to Tenant. SUBLEASING AND TRANSFER Tenant may not transfer this Lease or sublease (rent to another person) this property without Landlord's written permission. INSURANCE AND RELEASE Tenant understands that: Landlord's insurance does not cover Tenant, Tenant's property, or guests. Tenant should have Fire & Liability insurance to protect Tenant, Tenant's Property and guests who are injured while on the property. Landlord is not legally responsible for any injury or damage that occurs on the Property and Tenant agrees to pay any loss or claim, including attorney's fees that result from the damage or injury. Landlord is responsible for any injury or damage that results from Landlord's carelessness. Tenant is responsible for any loss to Landlord that Tenant, Tenant's family or guests' cause. DAMAGE DUE TO WATER CAPTIONS: The headings in this Lease are meant only to make it easier to find the paragraphs. ENTIRE AGREEMENT: This Lease is the entire agreement between Tenant and Landlord. No spoken or written agreements made before are a part of this Lease unless they are included in this Lease. NOTICE BEFORE SIGNING: IF TENANT HAS LEGAL QUESTIONS, TENANT IS ADVISED TO CONSULT AN ATTORNEY. DATE: ,79 (0 if TENANT: 44,6 At 77 Telephone #: - 4,6 Email: CLIVEk JD /* NE SSN: /6 - Tenant Initials: (1!..j9 r 5 of 6 Landlord Initials: DATE: TENANT: Telephone #: Email: SSN: DATE: LANDLORD: DATE: LANDLORD: Telephone #: 717-249-7378 Tenant Initials: 6 of 6 Landlord Initials: VERIFICATION The undersigned do hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, that the facts and circumstances set forth in the foregoing Complaint are true and correct to the best of their knowledge, information, and belief. Date: //Ar / / y �acquelme Beilharz Plaintiff LarrBeilharz Plaintiff JACQUELINE BEILHARZ and IN THE COURT OF COMMON PLEAS LARREE BEILHARZ, husband and wife : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiffs v. : NO: 14-6185 CIVIL TERM CHARLES A. TOPPER, SR. : CIVIL ACTION — IN LAW Defendant CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for Plaintiffs Jacqueline Beilharz and Larree Beilharz, hereby certify that on November 26, 2014, I served a true and correct copy of the foregoing Complaint upon the below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: Charles A. Topper, Sr. 26 Trine Avenue Mount Holly Springs, PA 17065 Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiffs HAROLD S. IRWIN, III, ESQ SUPREME COURT ID NO 29920 64 SOUTH PITT STREET CARLISLE, PA 17013 717-319-7560 ATTORNEY FOR DEFENDANT 1_;: -D - OF Fin CT THE PROTHONOTARY 2fll i OEC 17 PM I,: 01 CUMB N SYLVI\NATY JACQUELINE BEILHARZ and LARREE BEILHARZ, Plaintiffs v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW CHARLES A. TOPPER, : NO. 2014 - 6185 CIVIL TERM Defendant NOTICE TO PLEAD TO: JACQUELINE BEILHARZ and LARREE BEILHARZ, plaintiffs: You are hereby notified to plead to the within New Matter within twenty (20) days from service hereof or a default judgment may be entered ag . nst you. December 17, 2014 HAROLD S. IRWIN, Ill Attorney for Defendan 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 JACQUELINE BEILHARZ and LARREE BEILHARZ, Plaintiffs v. CHARLES A. TOPPER, Defendant ANSWER WITH NEW MATTER NOW comes the defendant, by his attorney, Harold S. Irwin, Ill, Esquire, and files this response to plaintiffs' complaint, representing as follows: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2014 - 6185 CIVIL TERM 1. The averments of this paragraph of plaintiffs' complaint are admitted. 2. The averments of this paragraph of plaintiffs' complaint are admitted. 3. The averments of this paragraph of plaintiffs' complaint are admitted. 4. The averments of this paragraph of plaintiffs' complaint are admitted. 5. The averments of this paragraph of plaintiffs' complaint are admitted. 6. The averments of this paragraph of plaintiffs' complaint are admitted. 7. The averments of this paragraph of plaintiffs' complaint are admitted. 6. The averments of this paragraph of plaintiffs' complaint are admitted. 7. The averments of this paragraph of plaintiffs' complaint are admitted. 8. The averments of this paragraph of plaintiffs' complaint are admitted. 9. The averments of this paragraph of plaintiffs' complaint are admitted. 10. The averments of this paragraph of plaintiffs' complaint are admitted. 11. The averments of this paragraph of plaintiffs' complaint are denied. To the contrary, defendant did not unreasonably or willfully damage, destroy, or deface the leased premises as further specified in the following subparagraphs: A. The averments of this subparagraph are denied. To the contrary, defendant did not unreasonably damage the apartment's flooring. Defendant believes and therefor avers that any "damage" to the flooring was the result of normal wear and tear over the 31 month period of his tenancy. B The averments of this subparagraph are denied. To the contrary, defendant did not remove tree branches that he had been told not to remove. All tree branches removed by defendant were branches downed by natural causes. C. The averments of this subparagraph are denied. To the contrary, defendant did not unreasonably damage the apartment's lawn. Defendant believes and therefor avers that any "damage" to the lawn was the result of normal wear and tear over the 31 month period of his tenancy. D. The averments of this subparagraph are denied. To the contrary, defendant did not leave an inordinate amount of junk on the premises. Defendant admits that some junk was left on the premises, most of which was the result of mold in the basement which the plaintiffs permitted to exist and refused to remediate. E. The averments of this subparagraph are denied. To the contrary, defendant did not unreasonably damage the bathroom window frame. Defendant believes and therefor avers that any "damage" to the window frame existed at the time hi tenancy began or was the result of normal wear and tear over the 31 month period of his tenancy. F. The averments of this subparagraph are denied. To the contrary, defendant did not unreasonably damage the bathroom panel. Defendant believes and therefor avers that any "damage" to the bathroom panel was the result of normal wear and tear over the 31 month period of his tenancy. G. The averments of this subparagraph are denied. To the contrary, defendant did not unreasonably damage the apartment's walls. Defendant believes and therefor avers that any "damage" to the walls was the result of normal wear and tear over the 31 month period of his tenancy. H. The averments of this subparagraph are denied. To the contrary, defendant did not unreasonably damage three premises doors. Defendant believes and therefor avers that any "damage" to doors was the result of normal wear and tear over the 31 month period of his tenancy. The averments of this subparagraph are denied. To the contrary, defendant did not unreasonably damage any trees on the premises. Defendant believes and therefor avers that any "damage" to trees on the property was the result of natural causes. J. The averments of this subparagraph are denied. To the contrary, defendant did not unreasonably damage a vanity drawer. Defendant believes and therefor avers that any "damage" to a vanity drawer was the result of normal wear and tear over the 31 month period of his tenancy. K. The averments of this subparagraph are denied. To the contrary, defendant did not unreasonably damage the dining room window sill. Defendant believes and therefor avers that any "damage" to the window sill was the result of normal wear and tear over the 31 month period of his tenancy. L. The averments of this subparagraph are admitted in part and denied in part. It is admitted that defendant removed the window shades and hardware existing at the time his tenancy began because the shades were old, torn, and basically unusable. He replaced those shades with new ones which he removed when vacating the premises. M. The averments of this subparagraph are denied. To the contrary, defendant did not unreasonably damage the bathtub. Defendant believes and therefor avers that any "damage" to the bathtub existed at the time his tenancy began or was the result of normal wear and tear over the 31 month period of his tenancy. 12. The averments of this paragraph of plaintiff's complaint are admitted. 13. The averments of this paragraph of plaintiff's complaint are admitted in part and denied in part. It is admitted that defendant had back rent and late fees due and owing of $2,792.26, less a security deposit of $750.00 for a net due of $2,042,46, plus the water bill of $139.36, for a total due of $2,181.62. Defendant denies the amount claimed as due for damages in the amount of $9,220.95. On the contrary, defendant believes and therefor avers that any "damages" to the premises either existed at the time his tenancy began or were the result of normal wear and tear over the 31 months of his tenancy. In addition, defendant denies that the claim of $9,220.95 for repairs is reasonable and necessary expense by reason that after reasonable investigation defendant is without proof of the value of such repairs and proof thereof at trial is demanded, if relevant. 14. The averments of this paragraph of plaintiffs' complaint are admitted. 15. The averments of this paragraph of plaintiff" complaint are admitted in part and denied in part as specifically explained in defendant's previous responses which are incorporated herein and made a part hereof. 16. The averments of this paragraph are admitted in part and denied in part. It is admitted that defendant has not paid the $11,392.57 as demanded by the plaintiffs. The remaining averments of this paragraph are denied for the reasons explained in defendant's previous responses which are incorporated herein and made a part hereof. WHEREFORE, defendant demands that the plaintiffs' complaint be dismissed and that judgment be entered in favor of the defendant and against the plaintiff. NEW MATTER 17. Defendant incorporates by reference her responses to plaintiff's complaint, paragraphs one through sixteen, inclusive, as fully as if set forth herein. 18. During the course of his tenancy of the premises, defendant lived with several deficiencies in the apartment which plaintiffs failed or refused to remedy: A. Poor or defective heating in the laundry room; B. Frequent flooding in the basement due to a broken window and a leak in the corner of the basement; C. The loss of all property stored in the basement due to the flooding and the resulting mold development; D. All covers of the basement window wells, permitting the loss of heat in the winter; and E. Poor or defective storm windows permitting the loss of heat in the winter. 19. Immediately prior to defendant's surrender of the premises, defendant had tests performed of the premises, resulting in a determination that there were high levels of mold and/or fungi present in the premises. 20.. Defendant believes and therefor avers that all damages claimed by the plaintiffs either existed at the time defendant's tenancy began or were the result of normal wear and tear. 21. Defendant believes and therefor avers that the claims of expenses for repairs are inflated due to the fact that plaintiffs used a relative to estimate the cost of the repairs claimed and demands proof that the repairs were actually made and of the reasonableness of the costs of such repairs. WHEREFORE, defendant demands that the complaint be dismissed and that judgment be entered on behalf of defendant and against the plaintiffs. December 17, 2014 Harold S. Irwin, Attorney for Def 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 VERIFICATION I hereby state that I am the defendant in this action and that the facts and information set forth in the foregoing answer and new matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. December 17, 2014 CHARLES A. TOPPE� CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing answer and new matter was served this date by delivery to the plaintiff's counsel of record addressed as follows: December 18, 2014 DOUGLAS C. LOVELACE JR ESQ 36 DONEGAL DR CARLISLE PA 17013 HAROLD S. IRWIN, III Attorney for Defendant 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 319-7560 Supreme Court ID No. 29920 DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for the Plaintiffs JACQUELINE BEILHARZ and LARREE BEILHARZ, husband and wife Plaintiffs -0 a rcci r— cc) r— < CD > : IN THE COURT OF COMMON PEEA : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO: 14-6185 CIVIL TERM CHART FS A. TOPPER, SR. : CIVIL ACTION — IN LAW Defendant PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes Plaintiffs, Jacqueline Beilharz and Larree Beilharz, by and through their undersigned attorney, Douglas C. Lovelace, Jr., Esquire, and files,this Reply to Defendant's New Matter, and in support thereof states as follows: 17. No response required under the Pennsylvania Rules of Civil Procedure. 18. Denied. Plaintiffs remedied or offered to remedy any and all defects in the premises reported by Defendant or otherwise known to Plaintiffs. By way of further answer, Plaintiffs deny each of Defendants averments set forth in the subparagraphs of Defendant's New Matter, averring as follows: A. Denied as stated. The heating in the laundry room was not defective. Because the laundry room (which included a powder room) was constructed outside the original house structure, it was heated by an electrical heater in the wall, which needed to be on to keep the pipes from freezing in winter, as required by the lease. Defendant was aware of this when he signed the lease. At one point, during cold, but not freezing weather, the heater stopped working. Defendant notified Plaintiffs, who planned to replace it. However, Defendant offered to repair it instead, with Plaintiffs reimbursing Defendant for parts and labor. Plaintiffs repeatedly asked over a period of months for the bills for the repair, but Defendant failed to provide them. Plaintiffs again said they would replace the heater, but Defendant continued to insist he would repair it. Defendant never repaired the heater and used a space heater instead. B. Plaintiffs deny there was ever any flooding in the basement. By way of further answer, Plaintiffs aver that when moisture was first discovered, it was traced to a broken window that Plaintiffs repaired. Subsequent to that repair, Defendant reported to Plaintiffs on two occasions that the basement rug got damp during heavy rains. When Plaintiffs attempted to arrange with Defendant to inspect the problem, Defendant reported the dampness had already dried. Such was the case even when Plaintiffs called Defendant immediately after a heavy rain. By way of further answer, Plaintiffs had a gutter installer assess the situation, and he reported that the gutter slope was not the problem and that water was draining away from the house. After that assessment, Plaintiffs continued their investigation to try to identify the problem. Plaintiffs discovered that dirt had been placed in several window wells and was causing water to leak into the basement. Plaintiffs removed the dirt. Additionally, to provide further assurance that water could not enter the basement, even after a heavy rain, Plaintiffs decided to alter the contour of the land immediately around the house. At that point, Defendant was so far behind in rent and refusing to bring his payments up to date that Plaintiffs were forced to begin eviction proceedings. C. Denied. Defendant never, during his tenancy, advised Plaintiffs of any loss of 2 property and Defendant never asked Plaintiffs to inspect any such loss. D. Denied. Defendant never complained, during his tenancy, to Plaintiffs concerning the loss of heat during the winter through the basement windows. By way of further answer, the basement windows were and remain double -paned, energy efficient windows. E. Denied. The storm windows are energy efficient windows. Defendant never complained, during his tenancy, to Plaintiffs that heat was escaping through the storm windows. The energy efficient storm windows remain on the premises, and none were or are broken or otherwise defective. 19. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. 20. Denied. The damages Plaintiffs claim were not present when Defendant entered into his lease agreement with Plaintiffs and are not a result of fair wear and tear. The damage to the bathtub was obviously so fresh that it had to have happened very recently. There were additional fresh gouges in the woodwork, unauthorized placement of peal and stick floor tiles, holes in doors, intentional removal of window hardware by Defendant, and damage to refrigerator shelves. When Defendant rented the premises there were serviceable shades in every window and Defendant never reported that any were in disrepair. Nonetheless, Defendant intentionally removed them. If Defendant elected to install his own window shades, he was responsible for reinstalling those he removed, including reinstallation of the window hardware, which he failed to do. 21. Denied. Plaintiffs aver that some repairs have not yet been made, since Plaintiffs are unable to pay for the repairs until Defendant pays them. By way of further answer, Plaintiffs 3 presented the bill for the damaged bathtub to the District Court Judge and to Defendant, as well as the estimate from Beem's Flooring, to have the floor repaired. By way of further answer, out of friendship to Plaintiffs, the relative_they asked to help with the repairs offered a lower price than other repair sources, a benefit that accrued to Defendant. If Plaintiffs were to get estimates from other sources, the cost to Defendant would be higher WHEREFORE, Plaintiffs respectfully requests that this Honorable Court enter judgment in their favor and against Defendant for damages in the amount of $11,392.57, plus costs, accrued interest, reasonable attorney fees and grant such other relief as the Court deems appropriate, an amount that does not exceed the jurisdictional amount for compulsory arbitration, in accordance with local rule. Dated: 7424.ttorty f ;Or Respectfully submitted, DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for the Plaintiffs 4 JACQUELINE BEILHARZ and LARREE BEILHARZ, husband and wife Plaintiffs v. CHARLES A. TOPPER, SR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO: 14-6185 CIVIL TERM : CIVIL ACTION — IN LAW VERIFICATION The undersigned do hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, that the facts and circumstances set forth in the foregoing Plaintiffs' Reply to Defendant's New Matter are true and correct to the best of their knowledge, information, and belief. Date: ZO--12.4a/.i Mcquerthe Beilharz 2 CitAA.te_\R -RA Larree Beilharz JACQUELINE BEILHARZ and LARREE BEILHARZ, husband and wife Plaintiffs v. CHARLES A. TOPPER, SR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO: 14-6185 CIVIL TERM : CIVIL ACTION — IN LAW CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for Plaintiffs Jacqueline Beilharz and Larree Beilharz, hereby certify that on the date entered below, I served a true and correct copy of the foregoing Plaintiffs' Reply to Defendant's New Matter, upon the below named individual, by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. Date: Tw extr f; DLJ' SERVED UPON: Charles A. Topper, Sr. c/o Harold S. Irwil, III, Esquire 64 South Pitt Street Carlisle, PA 17013 Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiffs