HomeMy WebLinkAbout06-0588W %.
COURT OF COMMON PLEAS
Judicial District, County Of (11 , eAa,,, A
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DISTRICT' JUSTICE JUDGMENT
COMMON PLEAS No. 06 -,5Qf
NOTICE OF APPEAL 9,'L-d I/a710&
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
Cave I.o4J.1- 03?ic?rtT! S. boucher?y
ADDRESS OF APPELLANT CITY STATE J? ZM CODE
IS ??n?htr p)elve 1'V16SQ,li? ?4 170S?
DATE OF JUDGMENT IN THE CASE OF (PlaWill) (Dpterdaa) r
1 I?/Ct loon s L - Cave aCkrisfine 4Aigleeanti R,01a?JAIH1 I,
Iris bIOCK will ba signed ONLY when this notation IS required under Va. It appellant was claimant (see He. K.C.F'.U.J. NO. 7001(6) in action
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDERS to the judgment for possession in this case.
(20) days after (ling the NOTICE of APPEAL.
Signature or Pn horofary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
Name of appellees)
(Common Pleas No.
NOTICE OF APPEAL
FROM
appellee(s), to file a complaint in this appeal
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
RULE: To r•?---Z appellee(s)
Name of appellee(s)
of appellant or attorney or agent
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20
signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTlrRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW APPELLANT'SCOPY
PINK-COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON DISTRICT JUSTICE
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
? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on
(date of service) 20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) . on
20 ? by personal service ? by (certified) (registered) mad,
senders receipt attached hereto
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 20
Signature of offlciai heloro whom affidavit cvasmade
Title of oKrclal
My commission expires on 26
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COMMONWEALTH OF PENNSYLVANIA
(`rll INTY r1G-
09-1-03
MDJ Name: Hon.
RICHARD S. DOUGHERTY
Adroess. 98 S ENOLA DR STE 1
ENOLA, PA
Telephone. (717 ) 728-2805 17025
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
NAME and ADDRESS
rcAVE, DORIS L ?
15 ANTHONY DRIVE
MARYSVILLE, PA 17053
L J
vs.
DEFENDANT: NAME and ADDRESS
FPEDDIGREE, CHRISTINE, ET AL.
19 ANTHONY DRIVE
MARYSVILLE, PA 17053
L J
DORIS L. CAVE
15 ANTHONY DRIVE Docket No.: LT-0000006-06
MARYSVILLE, PA 17053 Date Filed: 1/06/06
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR =r=MANT
® Judgment was entered for: (Name) ANTHONY JR, RICHARD H
Judgment was entered against CAVE, DORIS L in a
® Landlord/Tenant action in the amount of $ .00 on 1/18/06 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 450.00.
The total amount of the Securitv Deposit is $ .00
Total Amount Established by MDJOLLess$Security Deposit ApVged_
Rent in Arrears D
Physical Damages Leasehold Property $ 00 - $ .00 =
Damages/Unjust Detention $ 00 -$ -00
=
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
UT Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
? Possession granted.
? Possession granted if money judgment
® Possession not granted.
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$ Adjudicated Amount
.00
$ 00
$ .00
$ _00
$ on
$ .00
$ .00
$ _on
$ .00
? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING ANOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE 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
Date
My commission expires first Monday of January, 2012
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AFFIDAVIT: I hereby (swear) (affirm) that I served
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APPEAL AND RULE TO FILE COMPLAINT
iYS AFTER filing of the notice of appeal. Check applicable boxes.)
®._ a copy of the Notice of Appeal, Common Pleas e.7N°t? , upon the District Justice designated therein on
(date of service) IG ,v 20_9_(; , ? by personal service ® by (certified) (reg aiwed) mail,
sender's receipt attached hereto, and upon the appellee, (name) 7r e
Car'?s{r he t'e.Je??•. re
mail_
"ab. u? T f 20C) 6, ? by personal service ? by (certified) on
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THiS f DAY OFr 20C?k-l-
Signature ael before whom affidavit was made
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Signature of a/fiant
Title of official
My commission expires on 20") / .
ONWE=PEMS OF V IA
Deborah L. blie
Dillsbur My Commis007
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.;UMMUNVVtAL I M UP YCIVIVA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the rase referenced below.
DATE OF JUDGMENT IN THE CASE OF (Pleinfil? (Defendant)'
DOCKET No. I SIGNATURE OF APPELLANT OR ATTORNEY OR ENT
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Sgnatum of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon appellee(s), to file a complaint in this appeal
Name of appeflao(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To -- , appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTilTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON DISTRICT JUSTICE
DORIS L. CAVE,
Plaintiff
Vs.
CHRISTINE PEDDIGREE and
RICHARD H. ANTHONY, JR.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
: NO. 06-588
IN EJECTMENT/ASSUMPSIT
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al
partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia
escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o
sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se
defiende, is corte tomara medidas y puede continuer is demanda en contra suya sin previo
aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que
usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus
propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA
EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
DORIS L. CAVE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PA
vs. CIVIL ACTION - LAW
CHRISTINE PEDDIGREE and NO. 06-588
RICHARD H. ANTHONY, JR.,
Defendants IN EJECTMENT/ASSUMPSIT
COMPLAINT
AND NOW, comes the Plaintiff, by her attorney, Stephen K. Portko, Esquire,
and files the within Complaint and in support thereof avers the following:
1. Doris L. Cave, Plaintiff, is an adult individual residing 15 Anthony Drive, Marysville,
Cumberland County, Pennsylvania 17053.
2. Christine Peddigree and Richard H. Anthony, Jr. Defendants, are adult individuals,
residing at 19 Anthony Drive, Marysville, Cumberland County, Pennsylvania 17053.
3. Plaintiff is the owner in fee simple of a certain piece or parcel of land and the
improvements thereon, known and numbered at 19 Anthony Drive, Marysville,
Cumberland County, Pennsylvania, 17372, hereinafter referred to as "Premises".
4. Defendants are presently in possession of an apartment/house at the premises
located at 19 Anthony Drive, Marysville, Pennsylvania.
5. On July 1, 2003, Plaintiff and Defendants entered into a verbal lease agreement,
hereinafter "Lease" to lease the premises at 19 Anthony Drive.
6. Defendants verbally agreed to a term of lease from month-to-month, beginning on
the 1st day of July 2003.
7. Defendants verbally agreed to pay rental of $450.00 each month in advance
payable on the 1st day of each month during the lease term. Tenant was not required to
pay any security deposit.
8. Prior to commencement of the Lease, Defendants were given written "Rules and
Regulations" for the apartment which prohibited keeping a dog. A true and correct copy of
the aforesaid "Rules and Regulations" is marked Exhibit "A", attached hereto and
incorporated herein by reference.
9. Defendants agreed that they would not at any time keep a dog, make noise or do
anything or conduct themselves in any way which disturbs any neighbor or interferes with
the rights, comforts or conveniences of any other tenant or neighbor. See Exhibit "A".
10. Sometime during October of 2005, Defendants found a stray dog and without
Plaintiffs knowledge or consent began to keep it at the premises in violation of the rules.
11. Upon discovery of the violation, Plaintiff immediately notified Defendants of the "no
dog" policy and Defendants agreed to remove the dog and take it to an animal shelter.
12. Defendants acknowledged that they found the dog, that it must have been lost
and that they intended to return the dog to its rightful owner but then got attached to the
dog and wanted to keep it.
13. Defendants also acknowledged that the dog's leg appears injured and that the dog
has seizures. Further, Defendants admitted that although the dog appears in need of
medical attention, they cannot afford to take it to a veterinarian or pay for its medical
treatment or care.
14. Plaintiff believes and therefore avers that, in addition to violating the rules and
regulations for the premises,
a. Defendants are keeping a dog that does not belong to them;
b. Defendants have failed to license the dog; and
c. Defendants refuse to take the dog to a veterinarian or animal shelter to have it
checked or treated.
15. Contrary to Defendants assurances and agreement to take the dog to an animal
shelter, Defendants continue to keep a dog that does not belong to them and that is in
need of medical attention or care.
16. On November 16, 2005, Plaintiff served Defendants with an Eviction Notice. A true
and correct copy of the Eviction Notice is marked Exhibit "B", attached hereto and
incorporated herein by reference.
17. Subsequent thereto, on December 8, 2005, Plaintiff served Defendants with a
second notice of violation and notice to vacate the premises by December 31, 2005. A
true and correct copy of the second notice is marked Exhibit "C", attached hereto and
incorporated herein by reference.
18. On January 6, 2006, Plaintiff commenced an action with the District Justice
by filing a Landlord and Tenant Complaint and requesting possession on the basis that the
month to month lease has fully ended and, further, that a forfeiture has resulted by reason
of a breach of the conditions of the lease i.e. "no dogs allowed and no working on
vehicles".
19. At the hearing before the District Justice on January 18, 2006, Defendants
defended the eviction action claiming that Defendant Peddigree was "disabled" and
entitled to keep the stray dog under the Fair Housing Act of 1968. At the hearing,
Defendants submitted letters allegedly written by Defendant's health care professionals
about her disability.
20. At no time prior to the eviction hearing on January 18, 2006 was Plaintiff made
aware of Defendant Peddigree's disability nor did Defendant Peddigree ever make a
request to keep the stray dog based on her disability.
21. At no time has Defendant Peddigree requested a waiver of the no dog policy.
22. Plaintiff believes and therefore avers that Defendant Peddigree has concealed the
truth about the ownership and health of the dog from her health care professionals in an
attempt to manipulate them and to misapply the Fair Housing Act to her advantage.
23. Plaintiff believes and therefore avers that Defendant Peddigree's defense based on
her "disability" and the Fair Housing Act of 1968 is contrived and is only being raised in
this proceeding as an afterthought.
24. Regardless, Plaintiff does not fall under the Fair Housing Act of 1968 and is
exempted from having to accommodate Defendant and waive the no dog policy because
the aforesaid Act does not apply to an owner of four or fewer housing units.
COUNT I - TERMINATION OF LEASE
25. Paragraphs 1 through 24 are incorporated herein by reference as if wholly set forth
at length herein.
26.The term of the month-to-month lease has ended and Plaintiff notified Defendants
that the lease was not being renewed and that Defendants were to vacate the premises by
December 31, 2005.
27. Defendants have failed to comply with the terms, conditions and rules of the Lease,
as follows:
a. By keeping a dog;
b. By harboring a dog that is owned by someone else and that is in need of
medical attention;
c. By failing to vacate the premises after their month-to-month term had ended;
28. The Defendants have failed, neglected and refused, and still fail, neglect and refuse
to vacate the above described premises.
WHEREFORE, the Plaintiff demands that a judgment in ejectment be entered against
the Defendants for possession of the premises hereinabove described and for costs of
suit.
COUNT II - BREACH OF LEASE
29. Paragraphs 1 through 24 are incorporated herein by reference as if wholly set forth
at length herein.
30. As a result of Defendants' failure to vacate the premises, they are deemed to be
hold over tenants and Plaintiff is entitled to recover from Defendants monthly rental of
$450.00 per month, including all unpaid rent, for use and occupancy of the premises.
31. In violation of the terms of the Lease, Defendants are keeping a dog which does
not belong to them and which is in need of medical care or attention by a veterinarian.
WHEREFORE, the Plaintiff demands the following relief:
A. That judgment in ejectment be entered against the Defendants for possession of
the premises hereinabove described;
B. Judgment for any unpaid rental for use and occupancy of the premises;
C. Judgment for interest and costs of suit.
Bratic & Portko
By of ,J vi r L iij
Step eh n K. Portko, Esquire
I.D. #34538
101 South U.S. Route 15
Dillsburg, PA 17019
(717) 432-9706
Attorneys for Plaintiff
VERIFICATION
I, Doris L. Cave, hereby acknowledge that I am a Plaintiff in the foregoing
COMPLAINT, that I have read the foregoing, and the facts stated therein are true
and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of
18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
DATE:_ ;( L1 /oG
Doris L. Cave
Anthony's Trailer Park
Rules and Regulations of Trailer Park and Apartment
1. NO loud noise from 10:00 PM to 8:00 AM.
2. NO dogs allowed either by occupants or guests.
3. Guests MUST park along Anthony Drive, and you are responsible for what the guests
do.
4. You may use cooking grills outside, but it must be attended to at all times.
5. Any leaking faucets MUST be fixed right away.
6. Occupants MUST trim around trailer after each grass mowing.
7. NO litter or building material may lie around your trailer space. If I have it removed;
tenant will stand cost of removal.
8. NO blowing of auto horns at any time.
9. You MUST have enough garbage cans to hold all of your trash, etc. so that lids fit on
your cans tight. THIS IS A MUST.
10. If you have children you are responsible for them at all times, they MUST NOT
disturb the other tenants.
11. NO parking of vehicles in unoccupied trailer spaces or in front of trailers from Lot #4
to Lot 416 except to loa-Aor unload vehicles.
12. Heat tapes MUST be checked and working properly for the winter months.
13. Rent MUST be paid by the first of each month.
14. If for any reason you sell your trailer, the buyer must be approved by Doris L. Cave,
the owner of the park.
15. 5-MPH SPEED LIMIT AT ALL TIMES. This is for your protection and all others
in the park.
16. NO working on or washing vehicles AT ANY TIME this includes oil and antifreeze
changes.
17. Any over night guest is TWO DOLLARS each night they stay.
18. NO renting of trailers in park.
19. NO motorcycles or bicycles in park.
20. NO waterbeds permitted unless filled by a water company.
21. NO laundry may be done outside of your household. THIS IS A MUST. When there
are dry spells, water shall be used sparingly.
22. NO watering of lawns or use of outside water hoses at any time. Plants may be
watered with buckets or cans.
23. POSITIVELY NO BABYSITTING
EXHIBIT "A"
LANDLORD COPY
LETTER TO TENANT FOR EVICTION
DATE: November 16, 2005
'r0: Christine Peddigree
Richard H Anthony Jr
19 Anthony Drive
Marysville, PA 17053
YOU ARE HEREBY NOTIFIED TO VACATE THE PREMISES DESCRIBED IN THE
ADRESS ABOVE WITHIN (30) DAYS OF THE DATE OF THE DELIVERY OF THIS
NOTICE TO YOU. YOUR LEASE WAS TERMINATED WHEN YOU FAILED TO
COMPLY WITH THE 2ND RULE AND REGULATION OF ANTHONY'S TRAILER
PARK, NO DOGS ALLOWED BY OCCUPANT OR GUEST. IF YOU FAIL TO
VACATE WITHIN THIS PERIOD,COURT PROCEEDINGS WILL BE TAKEN
IMMEDIATELY TO EVICT YOU FROM THE PREMISES.
6 D-'S?
LANDLORD
DATE
EXHIBIT "B"
ORIGINAL COPY
December 8, 2005
Christine Peddigree
Richard H Anthony Jr
19 Anthony Drive
Marysville PA 17053
Ms. Peddigree and Mr. Anthony,
This letter is to inform you that I have received your delinquent rent check and also to
serve as a reminder that you have until December 31, 2005 to vacate the premises. Legal
action will be taken if you fail to comply.
Thank you,
Doris L. Cave
EXHIBIT "C"
DORIS L. CAVE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PA
Vs. : CIVIL ACTION -LAW
CHRISTINE PEDDIGREE and NO. 06-588
RICHARD H. ANTHONY, JR.,
Defendants IN EJECTMENTIASSUMPSIT
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
Complaint was furnished by U.S. Mail, first class, postage prepaid on this 16`h
day of February, 2006 to:
Christine Peddigree
19 Anthony Drive
Marysville, PA 17053
Richard H. Anthony, Jr.
19 Anthony Drive
Marysville, PA 17053
Dated:
,..?
By
Stephen K. Portko, Esquire
I.D.#34538
101 South U.S. Route 15
Dillsburg, PA 17019
(717) 432-9706
Attorney for Plaintiff
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DORIS L. CAVE IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
VS. CIVIL ACTION-LAW
CHRISTINE PEDDIGREE and : NO. 06-588
RICHARD H. ANTHONY, JR., .
Defendants : IN EJECTMENT/ASSUMPSIT
RESPONSE TO COMPLAINT
AND NOW, comes the Defendants, Richard H. Anthony Jr., and Christine
Peddigree and files the within Response to the Complaint and in support thereof avers to
the following:
1. True
2. True
3. True
4. True
5. True
6. True
7. True
8. False. The said "Rules and Regulations" were not given until one and one-half
years after moving in. Said "Rules and Regulations" is not the same copy received one
and one-half years after moving in.
9. False. Defendant's did agree not to keep a pet. Dogs were not specified. We
found out later that other tenants have pets (cats).
10. True.
H. False. Defendant's did not agree to take the dog to an animal shelter.
Defendant's agreed to find a suitable owner.
12. False. Defendant's did find the dog wandering in city traffic. The dog was
abandoned and mistreated. He was also malnourished.
13. False. Defendant's did seek medical attention for dog. He was treated and
given medication.
14. False.
a. Defendant's did not find owner,
b. Defendant's did obtain a license,
c. Defendant's did seek medical attention.
15. False. See above.
16. True.
17. True.
WHEREFORE, Defendant's demand that judgment be entered in their favor.
By
Christine L. Peddigree
By
Richard H. Anthony, Jr.
DORIS L. CAVE : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PA
VS. CIVIL ACTION -LAW
CHRISTINE PEDDIGREE, and : NO. 06-588
RICHARD H. ANTHONY, JR., .
Defendants : IN EJECTMENTlASSUMPSIT
VERIFICATION
I, Richard H. Anthony, Jr., hereby acknowledge that I am a Defendant in the
foregoing RESPONSE, that I have read the foregoing, and the facts stated therein are
true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa. C. S. Section 4904, relating to unswom falsification to authorities.
DATE: 3 7- Zd vG
Richard H. nthony, Jr.
_ _?
?- ?.
I
DORIS L. CAVE IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
Vs. : CIVIL ACTION -LAW
CHRISTINE PEDDIGREE and : NO. 06-588
RICHARD H. ANTHONY, JR., .
Defendants : IN EJECTMENT/ASSUMPSIT
RESPONSE TO COMPLAINT
AND NOW, comes the Defendants, Richard H. Anthony Jr., and Christine
Peddigree and files the within Response to the Complaint and in support thereof avers to
the following:
1. True
2. True
3. True
4. True
5. True
6. True
7. True
8. False. The said "Rules and Regulations" were not given until one and one-half
years after moving in. Said "Rules and Regulations" is not the same copy received one
and one-half years after moving in.
9. False. Defendant's did agree not to keep a pet. Dogs were not specified. We
found out later that other tenants have pets (cats).
10. True.
t 1. False. Defendant's did not agree to take the dog to an animal shelter.
Defendant's agreed to find a suitable owner.
12. False. Defendant's did find the dog wandering in city traffic. The dog was
abandoned and mistreated. He was also malnourished.
13. False. Defendant's did seek medical attention for dog. He was treated and
given medication.
14. False.
a. Defendant's did not find owner;
b. Defendant's did obtain a license;
c. Defendant's did seek medical attention.
15. False. See above.
16. True.
17. True.
18. True.
19. True. On January 18, 2006, a hearing was held in District Court before the
Honorable Justice Dougherty. After review of The Americans with Disabilities Act, The
Fair Housing Act, The Rehabilitation Act of 1973 and three (3) letters from Ms.
Peddigree's health care professionals, judgment was found in favor in Defendants.
20. False. Plaintiff was aware of Ms. Peddigree's disability. See number 21.
21. False. A copy of the laws and the letters from Ms. Peddigree's health care
professionals were given to Mrs. Cave. Upon receipt, Mrs. Cave returned said
information and threw it Mr. Anthony's face, claiming "she made the laws and the
Defendant's had thirty (30) days to vacate the premises."
22. False. At no time were Ms. Peddigree's health care professionals unaware of
dogs medical condition and the fact that he was abandoned.
23. False. See number 19.
24. False. The Fair Housing Act applies to virtually all forms of housing. Plaintiff
is not exempt. As Mrs. Cave does own more than four (4) dwellings (family houses,
housing units and dwellings are the same thing as provided by the definitions given by the
Fair Housing Council).
COUNT I - TERMINATION OF LEASE
25. True.
26. False. Plaintiff continues to cash Defendant's rent checks as received.
27. False.
b. See number 21.
c. See number 26.
28. See number 26.
WHEREFORE, the Defendants demands judgment be entered in their favor.
COUNT H - BREACH OF LEASE
29.
30. See number 26.
31. False. See number 13.
DORIS L. CAVE : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PA
Vs. : CIVIL ACTION -LAW
CHRISTINE PEDDIGREE, and : NO. 06-588
RICHARD H. ANTHONY, JR., .
Defendants : IN EJECTMENT/ASSUMPSIT
VERIFICATION
1, Christine Peddigree, hereby acknowledge that I am a Defendant in the foregoing
RESPONSE, that 1 have read the foregoing, and the facts stated therein are true and
correct to the best of my knowledge, information and belief.
1 understand that any false statements herein are made subject to penalties of 18
Pa. C. S. Section 4904, relating to unsworn falsification to authorities.
DATE: 7 -)
U LLb
Christine Peddigree '?
DORIS L. CAVE : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PA
VS. : CIVIL ACTION -LAW
CHRISTINE PEDDIGREE, and : NO. 06-588
RICHARD H. ANTHONY, JR., .
Defendants : IN EJECTMENT/ASSUMPSIT
VERIFICATION
I, Richard H. Anthony, Jr., hereby acknowledge that I am a Defendant in the
foregoing RESPONSE, that I have read the foregoing, and the facts stated therein are
true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
DATE:
Richard H. ony, Jr.
WHEREFORE, Defendant's demand that judgment be entered in their favor.
By (1?
l
Christine L. 1?eddigre
Richard H. Anthony, Jr.
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
01 - s A CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573