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HomeMy WebLinkAbout06-4281 PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM -1/5 q/OG DISTRICT JUSTICE JUDGMENT I I COMMON PLEAS No. O G - 40 P/ Oz?a- 71, NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. w IMr y- JTb ar R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. S%nahue of Prdhonatary a Do" was rn before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 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) appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant wattomsy w agent RULE: To , appellee(s) Name of appefiee(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 ofProMOnotary w Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANTS COPY PINK-COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON DISTRICT JUSTICE i PROOF OF SERVICE OF NOTICE OF APOLLAL AND RULE TO FIVE COMPL*41[T (This proof of service MUST BE FILED WITHIN TEN (tO} 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) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 signature of affiant signature of official before whom affidavit was made Title of official My commission expires on ? n Uc ? n j '. C R7 r^" Or, CIO :77 vh -, 20 COMMONWEALTH OF PENNSYLVANIA cnl INITV np• CUMBERLAND - Wg. OW Nn: 09-3-05 MWName. Hon. NABS MARTIN AQOra" 507 N YORK' ST ECHANICSBURG',,r 'PA reieunoge. 1717 ) 766-4575. ., 17055 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE r NAME and ADDPF.Ii BATTIMGH, DRUM 551 MEGAN LANE .. MECHANICSBURG, PA 17050 L J v3. DEFENDANT: NAMG.MADDRF;c 5ONHS, DAN, ET AL. 1 602 E COOVRR ST MECHANICSBULG; PA 17055 BRAAM HATTINGR L _ J 551 MZQAN LANE Docket No.: LT-0000215-06 MECHANICSBUiG, PA 17050 Date Filed: 6/16/06 THIS IS TO NOTIFY YOU THAT: Judgment: "POR`.PrAi3a pis ® Judgment was entered for: (Name) HATTINGH. BRAE Judgment was entered against JONES, TAMMY in a ® Landlord/Tenant action in the amount of $ 223.02 on 7/11/06 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 850.00, The total amount of the Security Deposit is $ 850.00 Total Amount Established b MDJ Lass - Security Deposit Applf ?d = Adjudicated Amou?I tt Rent in Arrears $ 10.52 -$ .?0= $ 110.52 Physical Damages. Leasehold Property $ .00 -$. .00= $ 0.0 Damages/Unjust Detention $ -80 $ D9 ° $ -00 Less Amt Due Defendant from Cross Complaint - $ -00 Interest (if provided by lease) $' L/T Judgment Amount $ 110 _ 54 Attachment Prohibited/ Judgment Costs $__ 112.50 42 Pa.C.S. § 8127 Attorney Fees $ X0.0. This case dismissed without prejudice. Total Judgment $ 223.02 El Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Possession granted it money judgment is no sa Isle y Ime o evlc Ion. ® Possession not granted. ? 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 A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS. CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONE Y JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDERS, 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 JUDGMENTlrRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT MOLDER 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 AEOUEST'FOR`ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE. JUDGMENT DEBTOR PAYS IN FULL . SETTLE. OR OTHERWISE COMPLIES WITH THE JUDGMENT. 7LLLDate N? Date IXe,omm ission expires first Monday of January, 2012, District SEAL District Cti ru s S . to mesa m Postage $ $0.39 D O Certllletl Fee a ` C] Return Receipt Fee (Endorsement Required) r a Restricted Delivery Fee CO (Endorsement Required) C] Total Postage & Feed ?Zl M Q To M M1 y, ._.? .............. .... (This proof of service MUST BE FILED 0055 06 Posimerk Here 07/31/2006 TEN (10) DAYS AFTER flung of the COMMONWE TH OF PENNSYLVA IA COUNTY OF( I a` w...r I w .?_ ; ss AFFIDAVIT I hereby (swear) (affirm) that I served :E COMPLAINT of appeal. Check applicable boxes.) a copy of the Notice of Appeal, Common Plees , upon the District Justice designated therein on (date of service) 3 20 per( `, ? by personal service l? by (certified) (registered) mail, senders receipt sad upon the appellee, (name) v on 31 20 O lp ? by personal service by (certified) (registered) mail, sender's receipt atta ereto. (SWORWAFFIRMED)AN SUBSCRIBEDBEFOR ME THIS AY OF (CSr 20M . x:J Signature of official be/ore whort Was NOTARIAL REAL Title of official Camp HIM ftrD CUMI M1!!Md County My commissio Etipies Dole. X AN Sig9Z, of aunt C 4> ? C N W .7 'C OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. r <', =i 1&r.;' Tii-- NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. _POXOar5-OU R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. s#Wx.f nyrD** before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 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 (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. stgneture Of apposent oroff"),Wall" RULE: To Name of appell"(s) appellee(s) (1) You are nofified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days attar the date of service of this rule upon you by personal service or by certi led 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. Data: 20 SO*" ofProaw idwy or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURTFILE YELLOW-APPELLANT'S COPY PINK-COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON DISTRICT JUSTICE USPS - Track & Confirm e SIO ,! xl Page 1 of I Home I Help Track & Confine Track & Confirm Search Results Label/Receipt Number: 7006 0810 0006 3885 4428 Status: Notice Left We attempted to deliver your item at 11:20 am on August 01, 2006 in MECHANICSBURG, PA 17055 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later. - - - ------- (,AddiNarsl Dettrla> ; (* Netarn ro USPS.coar Mears> Track & ContinR tr hi,ili Enter Label/Receipt Number. Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. ( Qe> ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ©1999.2004 USPS. All Rights Reserved. Terms of Use Privacy Policy ¦ Complete Items 1, 2, and 3. Also complsls Item 4 It Restrloted Delivery Is dashed. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the meNpiece, or on the front if apace permits. 1. Article Addressed to. I??IQ-a' Lt?t4?v?t-nn Agent X Y?^? / ? Addre B. f N*Ad by(Prerb00m) c. DatmAmA D. Is NNeyad l era*1 N YES, enter No O Ineuisd Milli 0 C.O.D. 4. Restricted Delivery! (Extra Fee) Cl `res D Bpess and O Raamr Receipt for merctwrdas 2. Article Number 70?6 0610 U006 3885 4411 rtlerrwfrom aerks kw PS Form 3811, February 20D4 Domestic Return Receipt tereeee I.*15 7 http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 8/712006 USPS - Track & Confirm Page 1 of 1 . . 1 OZdCSEM(KEo Home I Help Track & Confirm Track & Confirm Search Results Label/Receipt Number: 7006 0810 0006 3885 4428 Detailed Results: • Notice Left, August 01, 2006,11:20 am, MECHANICSBURG, PA 17055 • Acceptance, July 31, 2006, 11:18 am, MECHANICSBURG, PA 17055 [ Back) C Rome to 60100-M Ham > it?ek C%Uelrlmtt ttt?lri .!?iil?k ?. ??i 1. Enter Label/Receipt Number. Notification Options Track & Confirm by email Get Current event information or updates for your item sent to you or others by email. tl Qo s ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright 01999.2004 LISPS. All Rights Reserved. Terms of Use Privacy Policy http://trkenfhnl.smi.usps.com/PTSIntemetWeb/JnterLabelDetail.do 8/7/2006 -a 5 _ , 9 T r L J J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRAAM HATTINGH, CIVIL ACTION - LAW Plaintiff V. NO. 06-4281 DAN JONES and TAMMY JONES, Defendants 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. Court Administrator Cumberland County Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013-3387 Telephone No. (717) 240-6200 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 do plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de sus persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGER TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013-3387 Telephone No. (717) 240-6200 DIVEGLIA & KAYLOR, P.C. Dated: 0-10(0 Attorney for Plaintiff Attorney I.D. #17140 Two Lincoln Highway West New Oxford, PA 17350 (717) 624-2500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRAAM HATTINGH, Plaintiff V. DAN JONES and TAMMY JONES, Defendants COMPLAINT CIVIL ACTION - LAW NO. 06-4281 AND NOW, this .14 day of August, 2006, comes the Plaintiff, by and through his counsel, Diveglia and Kaylor, P.C., and avers in support of his claim as follows: 1. Plaintiff is an adult individual residing at 551 Meggan Lane Mechanicsburg, PA 17055. 2. Defendants are adult individuals who reside at 602 E. Coover Street Mechanicsburg, Cumberland County PA 17055. 3. On April 14, 2005, the Plaintiff and Defendants entered into a lease agreement for the premises known at 602 E. Coover Street, a copy of which is attached hereto. COUNT I BREACH OF CONTRACT 4. As set forth in the lease agreement, Defendants agreed to pay the sum of $850.00 per month with the rent being due and owing on the first of each and every month. A $75.00 late fee was agreed to if the rent was not paid by the 15' of each month. 5. The July rent was not paid by July 24, 2005 thereby incurring a late fee of $75.00. The August 2005 rent was late incurring a $20.00 late fee. The September rent, likewise, was late with a additional $20.00 late fee. The March 2006 check bounced, subsequently replaced with a cashier check. 6. None of the above late fees have been paid and are hereby claimed. 7. Additionally Defendants were to pay all water, sewer and trash bills, but failed to do so. As such, these costs are hereby due and claimed in this Complaint. 8. Failure for Defendant's to meet the terms and conditions of the lease resulted in a material breach of the terms of the contract thereby terminating the agreement. COUNT II DEFIANT TRESPASS 9. Paragraphs one through eight are incorporated hereto and made a part hereof. 10. When the Defendants continued to hold over after the termination of the lease, as a result of the breach, Plaintiff promptly forwarded to them a notice of eviction on May 10, 2006, a copy of which is attached hereto. 11. Defendants have wrongfully refused to leave the premises despite not renewing the lease and receiving the notice to quit the premises. 12. The Defendants continued occupancy of the premises despite the lack of a leasehold interest, deprives the Plaintiff of the use and enjoyment of said premises and causes economic loss to him because of lack of ability to rent the property and loss of potential sale of the premises, with said losses continuing. WHEREFORE Plaintiff demands judgment against the Defendants for an amount within juridical limits for a Arbitration in Cumberland County together with interest and cost and judgment requiring immediate vacancy of the premises by Defendants. Date: $' " Respectfully submitted, DIVEGLIA & KAYLOR, P.C. By: , 'Archie V. Diveg ia, squire Attorney I.D. #17140 Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff VERIFICATION The foregoing Compkdntis based upon the information which has been gathered by my counsel in the preparation of the lawsuit. I have read the Complaint and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of Pa. C.S. §4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. D _ Dee Bra attire S 'd ELL 'ON 1VNOIlVN831NI NVV89 WdIZ:Zl 9001'l!'99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRAAM HATTINGH, CIVIL ACTION - LAW Plaintiff V. NO. 06-4281 DAN JONES and TAMMY JONES, Defendants CERTIFICATE OF SERVICE AND NOW, this I day of August, 2006, I, Archie V. Diveglia, Esquire, of DIVEGLIA & KAYLOR, P.C., hereby certify that a copy of the foregoing COMPLAINT was served via first class mail, postage pre-paid, and addressed to the following: Dan Jones and Tammy Jones c/o Andrew Sheeley, Esquire 27 S. Market Street Mechanicsburg, PA 17055 DIVEGLIA & KA Archie V. Divegl a i?sc Attorney I.D. #17140 Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 P.C. Attorney of Plaintiff N o -w :P G Ln F 2fr 3= C _ . ` Andrew C. Shealy, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) BRAAM HATTINGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-4281 v. DAN JONES and TAMMY JONES, Defendants CIVIL ACTION - LAW TO: BRAAM HATTINGH, Plaintiff, and ARCHIE V. DIVEGLIA, Esquire Two Lincoln Highway West New Oxford, PA 17350 You are hereby notified to file a written response to the attached PRELIMINARY OBJECTIONS within (20) days from service hereof or a judgment may be entered against you. DATE: September 4, 2006 AA'VJ eS6 > Andrew C. Sheely, Esquire PA ID # 62469 Attorney for Defendants 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Andrew C. Shealy, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA In NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) BRAAM HATTINCH, Plaintiff V. DAN JONES and TAMMY JONES, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 06-4281 CIVIL ACTION - LAW PRELIMINARY OBJECTIONS OF DEFENDANTS Defendants, Dan Jones and Tammy Jones, by and through counsel of Andrew C. Sheely, Esquire, hereby files these Preliminary Objections to the Complaint filed by Plaintiff, and respectfully states as follows: 1. Plaintiff filed a complaint in this case on or about August 14, 2006. 2. Plaintiff's Complaint contains a count for breach of contract referencing violations of a lease agreement. 3. Count 1 of Plaintiff's Complaint is captioned "Breach of Contract" 4. Paragraph 3 of Plaintiff's Complaint references a copy of Lease Agreement being attached to Plaintiff's Complaint. I. PRELIMINARY OBJECTION FAILURE TO COMPLY WITH PA R C P NO 1019 5. Pa.R.C.P. No. 1019(1) requires that a copy of the written lease agreement be attached to the pleading or that the pleader attach a written statement indicating that the document relied upon is not accessible to the pleader. 6. No lease agreement was attached to the copy of the Complaint received by Counsel for Defendants and Plaintiff has failed to state in the pleading why that the lease agreement is not accessible to plaintiff. 7. A copy of the lease agreement should be attached to the Complaint as it refers to various provisions of the lease, including rent, late fees and alleged violations. 8. Plaintiff's failure to comply with the Rules of Court which require the attachment of relevant written documents is prejudicial to Defendants ability to properly defend and answer the allegations set forth in the Complaint. WHEREFORE, Defendants respectfully request that this Honorable Court direct Plaintiff to file an amended pleading and attach the relevant portions of the alleged writings referenced therein so as to demonstrate the existence and terms of a written agreement between Plaintiff and Defendants as required by Pa. R.C.P. No. 1019 (i). II. PRELIMINARY OBJECTION FAILURE TO COMPLY WITH PA. R.C.P. NO. 1028 (a)(4) 9. Paragraphs 1 - 8 are incorporated herein as if set forth at length. 10. Count II of Plaintiff's Complaint captioned "Defiant Trespass" fails to set forth a cause of action for which relief 2 can be granted for an alleged holdover associated with a residential lease agreement. 11. Any relief, damages and claims of Plaintiff are limited to the terms and conditions of the alleged residential lease agreement and the landlord tenant act. 12. Ejectment is the proper remedy to obtain possession of premises where it is alleged that a tenant is occupying a leased residential property outside the terms of a lease. WHEREFORE, Defendants respectfully request that Plaintiff be directed to file and amended pleading, or in the alternative, that Count II of the action be dismissed, with prejudice. III. PRELIMINARY OBJECTION FAILURE TO COMPLY WITH PA. R.C.P. NO. 1028 (a)(3) 13. Paragraphs 1 - 12 are incorporated herein as if set forth at length. 14. Count II of Plaintiff's Complaint fails to set forth the amount in dispute for the alleged economic loss and alleged use and enjoyment of the premises. 15. Count II of Plaintiff's Complaint fails to set forth the amount in dispute for the alleged loss of potential sale of the lease residential home, or the amount of the alleged continuing losses. 16. Plaintiffs' Complaint fails to set forth sufficient facts to frame a proper answer or defense to the averments set forth in the complaint. 3 WHEREFORE, Defendants respectfully requests that this Honorable Court require that Plaintiff amend its complaint so as to allow Defendant to frame a proper answer and defense. Respectfully submitted, Date: September 4, 2006 Andrew C. Sheely, Esq e PA ID # 62469 Attorney for Defendant(s) Dan Jones and Tammy Jones 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) 4 VERIFICATION I verify that the statements made in these Preliminary objections are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: September S" , 2006 n Jon CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Defendants' Preliminary objections to Plaintiff's Complaint upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Archie V. DiVeglia, Esquire Two Lincoln Highway West New Oxford, PA 17350 Date: September 5, 2006 Andrew C Sheely, Esquire C, ? Cri ?- =2 -n c?'1' !? U? T,. _?? 'J"1 ??_.?' ..?" _y .. t? C .??. Curtis R. Long Prothonotary (Otfice of the Protbonotarp Cumberlanb Cuuntp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor .(')L -?QR ( 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