HomeMy WebLinkAbout06-6677COWO&FALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
aj
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. O(s " G 17 6,tr ( " er,
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.
i
6a
ESS OF APPELLANT
l' 76 C Creek I/i,?m Drive
OF JUDGME T1046 T?C? SE OF (Pb-tilt?
// 70/ ryre
ET N o
0?- /-0
C V_ 0000'e/'// - 06
--UL.wm oe slgnea ONLY when this notation is required under Pa.
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.
Signature o/-mnonotary or Deputy
NOTICE OF APPEAL
FROM
in? e C le
STATE kie? JAL
AV / 7074
(De%ndant)' /
chi low. ,? . _ _ . ,l
was Claimant (see Pa. R.C.P. D.J. No. 1001(6) in action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after tiling 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
Name of appellee(s) a complaint in this appeal
(Common Pleas No. Q ? ..
p 7 cyJ ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signat f appellant or att orney or agent
RULE: To 62?h ?. a ( )
ppellee s
Name or appeliee(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 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: 1q"C./14W_. 20 Q ( Z?'? t,?iGGL
OLf ? Sign lure o/Prothonotary ,?y
I
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 - APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
,•, .. a
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
? by personal service
20 ? by (certified) (registered) mail,
,
(date of service)
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 Signature ofaffiant
Signature of official before whom affidavit was made
Title of official
My commission expires on 20
o
C= a
-n
Vn Fri
3 C.,
r = XW - - 7-
Q- ? rv
"'COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-1-01
MDJ Name: Hon.
CHARLES A. CLZIO=, JR
Address: 400 BRIDGE ST
OLDS TOE COMMONS -SUITE 3
NEW CUMBERLAND, PA
Telephone: (717 ) 774-5989 17070
KONSTANTIN GALOYAN
1761 CREEK VISTA DR
NEW CUMBERLAND, PA 17070
THIS IS TO NOTIFY YOU THAT:
Judgment: - FOR PLAINTIFF
06- 6 6 z7
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rGARNETT, DEIDRA
PO BOX 11454
HARRISBURG, PA 17108
L J
VS.
DEFENDANT: NAME and ADDRESS
rGALOYAN, KONSTANTIN -1
1761 CREEK VISTA DR
NEAP CUMBERLAND, PA 17070
L J
Docket No.: CV-0000411-06
Date Filed: 8/02/06
(Date of Judgment) i11101106
® Judgment was entered for: (Name) GARNETT, DEIDRA
® Judgment was entered against: (Name) GALOYAN, KONSTANTIN
in the amount of S 908.7
F Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
This case dismissed without prejudice.
F1 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease $
Amount of Judgment $ 786.77
Judgment Costs $ 122.00
Interest on Judgment $ 70
Attorney Fees
0
$ .0
Total $ 908.77
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT 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.
NOV - 1 2006 Date
I certify that this is a true and correct copy of the record of the p
Date
My commission expires first Monday of January, 2008
", Magisterial District Judge
ings containing the judgment.
, Magisterial District Judge
SEAL
AOPC 315-06
DATE PRINTED: 11101106 11:31:00 AM
t !
117
il6tt?.R.1 CVO. -> L71'.ICt
rrl Postage
Q Certified Fee , 41
O
M Return Receipt Fee
(Endorsement Required)
C3
r-q Restricted Delivery Fee
(Endorsement Required)
d'LlJti
ru
Total Postage & Fees
O
E3 ant To
?f?
_
--
-Street, Apt No.; - ---
or PO Box No.
--
P+4
Ci ,State, ZI ?.r'.?
Jlone 2002
PS Form 3800
III ';
,
r-- . . I
PROOF OF SERVICE OF NOTICE 0' 40r-1,1" VD MULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) LI "'f i 'ilia, f the notice of appeal. Check applicable boxes.)
COMMONWEALTH PENNSYLVANIA
COUNTY OF ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
a copy of the Notice of Appeal, Common Pleas pon the District Justice designated therein on
(date of service) Ikei?+&*al, 20 06 , ? by per +nal service aby (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (n, i e) ^ .roi eee on
,20 ? by personal s:: ice ? by (certified) (registered) mail,.
sender's receipt attached hereto.
(SWORN)-(AFFIRMED) AND SUBSCRIBED BEFORE ME '•'U/2S ? ? ?S?tJ?/
THIS OF 20 - - an
T1- ?.' (
11 Ii cI f n Sign of afrianf
was made
Title of official
My commission expires on
20
COMMONWEALTH OF PENNSYLVANIA
Nagrial sell
Barbra J. Wdptu, Notary ROO
F*AswTwp.,YakC j*
f4 ComrtilMon EXpkea Aup. 2, 2010
Membu, Psnnaylvanla Assookft of Nota?q
0
C
E
+..
FJ
Q
G'a
C-)
t
X-
O
O'N
G
-n
?Fn
C7
C?
`?i
COMMONWEALTH OF PENN5YLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.e?y s
NOTICE OF APPEAL
Notice is given thatIthe 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.
NAM OF APPELLANT A
s
0) _ MAG. DIST. NO. f NAME OF D,.Jn /
1
' 4 ADDRESS OF APPELLANT
/ 76 / Cteei
Vi1 .give CITY
1,& e? f., STATE ZIP CODE
DATE OF JUDGME
/f C06 IN THE CASE OF (Plawiffl?
tS'-/"ne,6?' j '? ?¢ ,?r ? (Defendant)'
*C./el r -- ?s 6;_ tCa?lG?r 14 syrS ' fiJ!/?
C V-- 0000 el // -- 0 1
This block will be signed ONLY when this notation is required under Pa. If appellant was C imant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of,,lppeal, 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 tiling the NOTICE of APPEAL.
Signature of Phghonotary 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 C _1e Z. appellee(s), to file a complaint in this appeal
Name of appellees)
I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
(Common Pleas No. 0 ? - ?4 ?, '7 -7
Signal f appellant or attomey or agent
RULE: To 0,/_J1 e, D iappellee(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 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: ?OJC^ber, 20 Q Ll?? l.L?4
Sigute of Prothonotary of DLOUy
A1 l
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TQ, 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
o/
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYL VANIA
Deidra Garnett
P.O. Box 11 454
Harrisburg, PA 17108
Plaintiff,
vs.
Konstantin Galoyan
1761 Creek Vista Drive
New Cumberland, PA 17070
Defendant,
Civil No. 06-6677, Civil Term
NOTICE TO DEFEND AND CLAIM RIGHTS
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 LA WYER 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
1 Courthouse Square, 3R
Carlisle, PA 17013
717-240-6200
717-240-6460 (fax)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL TERM
DEIDRA GARNETT,
Plaintiff. )
Vs, ) No. 06-6677 Civil Term
KONSTANTIN GALOYAN )
Civil Action
Defendant )
COMPLAINT
AND NOW COMES the Plaintiff, Deidra Garnett, by and through being her own
counsel, hereby brings this action against the Defendant and states the following:
Parties
1, Plaintiff, Deidra Garnett, adult individual, is a Pennsylvania resident, with registered
address as P.O. Box 11454, Harrisburg, PA, who resides in York County, New
Cumberland, Pennsylvania 17070.
2. Defendant, Konstantin Galoyan, is an adult individual whose residence unknown
(Attached hereto as Exhibit A and incorporated herein,) Defendant refused
to give Plaintiff his address, therefore Plaintiff is using address on legal papers filed with
the Courts.
Factual Background
3. Plaintiff rented a three bedroom apartment, for herself, from the Defendant,
Konstantin Galoyan, located at 424 Apartment B, (upstairs) 3rd Street, Cumberland
County, New Cumberland, PA, 17070, beginning June 15 through July 1, 2006.
(Attached hereto as Exhibit B and incorporated herein,) copy of check cashed by
Defendant, for rent at 424 B 3rd Street, New Cumberland, PA, indicating exact dates in
memo line.
4. Furthermore, the Plaintiff intensions were to rent the (downstairs) apartment, 426 A
3rd Street, New Cumberland PA, Cumberland County starting July 1, 2006. (Attached
hereto as Exhibit C and incorporated herein) Copy of cashed check, Deposit made to
Defendant and cashed by the Defendant.
5, On June 17th, Saturday, 2006 Defendant arrived at the apartment Plaintiff rented and
failed to properly enter Plaintiff s apartment, 424 Apartment B, 3rd Street.
6, Specifically, Defendant failed to knock, and to make his presents known to the
Plaintiff before entering.
7, Defendant entered the apartment with two strangers, and proceeded to the bedroom.
8. Defendant then opened the bedroom door, where Plaintiff was napping.
9. Defendant then proceeded to tell the Plaintiff he was moving the two strangers into the
apartment with the Plaintiff.
10, Specifically, Defendant stated there were 2 other bedrooms not being used by the
Plaintiff and the two strangers would sleep there and would share the kitchen and bath
with the Plaintiff.
11, Whereas the Plaintiff objected, stating she did not know the two strangers and refused
to share the apartment with the strangers.
12, Plaintiff reminded the Defendant the utilities were already in her name and that
Defendant already rented to the Plaintiff and no one else was involved in the verbal
rental agreement. (Attached hereto as Exhibit D and incorporated herein,)
copies of e-mail confirming this.)
13, Specifically, Defendant was trying to double rent the (upstairs) apartment located at
424 B 3rd Street, New Cumberland, PA, 17070, and is questionable if this is zoned for a
boarding house or if Defendant has a license for such.
14, Furthermore, Defendant told Plaintiff that he would only refund 50.00 of the
rent she had already paid if she were to leave and find other housing.
15, Whereas Plaintiffs let the Defendant know that she will move out before she will stay
in that apartment with total strangers.
16, At that time, one of the strangers standing in the bedroom of the Plaintiff's
apartment, come to be known to the Plaintiff as "Butzy," spoke up and said "she would
find other housing."
17, Additionally, Defendant made arrangement to clean the carpets on June 30`h, 2006,
of the apartment 424 B 3Rd Street, New Cumberland.
18, Defendant indicated he would vacuum carpets and steam clean them.
19, Furthermore, later that evening at approximately five o'clock June 30, Defendant
called the Plaintiff on her cell phone and ask the Plaintiff to meet him at the apartment he
had something to discuss.
20, Plaintiff showed up at the apartments and noticed that "Eutzy" and approximately 4
other people, men and women, were waiting outside of the apartments.
21, Defendant ask the Plaintiff if she would consider moving into the apartment
426 A, 3rd Street, that night, rather than July 1, once he, the Defendant cleaned the
carpets.
22, Plaintiff had no objection as long as the apartment was cleaned, ready to move into
and expressed that to the Defendant.
23, Defendant assured Plaintiff it would be cleaned then asks the Plaintiff if she could
find something to do for the next couple of hours while he, the Defendant cleaned the
Apartment at 424 A 3'd Street (Downstairs Apartment.)
24, At approximately Six O'clock Plaintiff received a call from the Defendant asking her
to return to the apartments because he had run into some difficulties and needed to
speak to her.
25, When the Plaintiff arrived, the Defendant told the Plaintiff that he was having
problems getting the Tenant come to be known to the Plaintiff as "Mat Miller," in
apartment 426 A, to move out.
26, Plaintiff also noticed that the Defendant had used her vacuum and helped himself to
items from her Icebox while he was at the upstairs apartment cleaning the carpets.
27, Specifically, Plaintiff found empty bottles of water and the waste content of the
vacuum in a Giant Grocery Bag set aside for disposal.
28, Whereas the Defendant did not ask permission to use Plaintiffs vacuum or consume
any food or drinks purchased by the Plaintiff, while renting from the Defendant.
29, Defendant also allowed strangers into the apartment, rented solely by
the Plaintiff, in the absence of the Plaintiff, without the Plaintiffs permission, and allow
them to move their personal items into the apartment. (Attached hereto as Exhibit E and
incorporated herein by reference,) copy of the police report, indicating such.
30, Therefore subjecting the Plaintiffs personal belongings and Property to being taken or
destroyed by the strangers that the Defendant allowed into the apartment in the absence
of the Plaintiff.
31, Defendant then preceded to tell the Plaintiff that "Eutzy" and her group would be
staying in the apartment with the plaintiff that night.
32, Plaintiff reminded the Defendant that he tried this on June 17th and the Plaintiff was
not in agreement.
33. Specifically Plaintiff let him know that she did not know the strangers and fears for
her life staying with these complete strangers.
34, Furthermore, Plaintiff reminded Defendant that she already paid rent up through July
1, and the utilities were already in her name and she would not allow strangers in her
home.
35, Defendant insisted on the strangers staying in the apartment & suggested the Plaintiff
get a Hotel or go to another apartment owned by the Defendant located in Harrisburg.
36, Plaintiff express once again that she rented the apartment and if any one should get a
Hotel or stay in once of this rental units, it should be the strangers, not the Plaintiff
currently occupying the apartment.
37, Defendant stated that he would not be paying the Hotel bill for the Plaintiff.
38, Plaintiff was being kicked out of her apartment and therefore called the police.
39, Officer Brian Staley, New Cumberland Police Department responded to the call.
40, Officer Staley told the Defendant that he sided with the Plaintiff, indicating that the
Plaintiff already rented the apartment and that it was unusual for him to try to move
strangers in with her.
41, Officer Staley was trying to mediate by making suggestions, the Defendant refused
all suggestions.
42, Plaintiff ask Officer Staley to inspect the apartment for damages for proof that there
were none.
43, Officer Staley then walked throughout the apartment for the inspection and found
none.
44, Additionally, the Defendant said it was getting late and he had to work in the
morning.
45, Defendant demanded the key to the apartment, 424 B, 3rd Street and demanded the
Plaintiff to leave the property immediately.
46, Plaintiff left the premises and stayed in a Hotel for the next few days due to the fact
she was now homeless caused by the Defendants intentional reckless and dangerous
actions.
47, Furthermore, Plaintiff received correspondence from the Defendant indicating
the apartment located at 426 A 3rd Street, New Cumberland, PA, was available on June
30th, 2006 (Attached hereto as Exhibit F and incorporated herein.)
48, Whereas the apartment was not ready, (see Exhibit E, Police Report, strict
proof thereof,) causing the Plaintiff to file a civil suit with Cumberland County Courts,
09-1-01.
49, In the presence of Judge Clement, the Plaintiff pleaded this case of injustice, gross
negligent actions, inhuman and unethical actions by the Defendant, a Landlord.
50, Furthermore, it is admitted by the Defendant, in the presence of the District Justice
Clement while sworn in.
51, Specifically, admitted that he moved strangers into the apartment located at 424 B 3rd
Street, New Cumberland, and strict proof thereof in exhibit E, (Police report.)
52, District Justice Clement ruled for the plaintiff and awarded $908.77.
53, Defendants actions are brought in bad faith knowingly and with intent to inflict,
causing the Plaintiff mental distress.
54, Whereas, Defendant destroyed the relationship "Tenant-Landlord" and broke the trust
between Plaintiff, (Tenant) and Defendant. (Landlord.)
55, Furthermore, knowingly jeopardizing the health and welfare of the Plaintiff and her
property.
56, Plaintiff was left homeless.
57, Plaintiff had enormous expenses cause by these actions of the Defendant.
58, Plaintiff had to seek shelter forty miles away from her normal living area.
59, Plaintiff had to rent Storage Units for her personal Property due to the fact of being
homeless.
60, Defendant is responsible for all aforementioned,
61, Plaintiff is asking the Courts to rule in favor of Plaintiff and against the Defendant.
62, Plaintiff is seeking all but not limited to: Deposit made to Defendant, all Court Cost,
Filing Fees, Postage Fees, Sheriffs Service, punitive damages, Hotel expences,
reimbursement for ware and tear on Plaintiffs vehicle, compensation for Mileage, time
off from work, and future cost not realized by the Plaintiff, and possible Attorney Fees.
63, Statement of Itemized Account of the fore mentioned, is attached hereto and
incorporated herein.
Respectfully submitted
ei a arnett P.O. Box 11454
Harrisburg, PA 17108
Attachments and Exhibits
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 01ur
NOTICE OF APPEAL ,2TU 195
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.
• ^' `-^,•, I mm.a uw 1. NV. I nAMt Ur UJ
J
ADDRESS OF APPELLANT- CITY STATE ZIP CODE
DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (DetendarM)'
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.
Signature or 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 appellee(s)
(Common Pleas No. f. - i ;_ f ) within twenty (20) days after service of rule or suffer entry of judgment of non pros,
_ Signature of appellant or affomey or agent
RULE: To ;f Low - - c°r rC2- 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 MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing. t
Date: I J J F fM r"r . 20 i ftlst? ,r? ,,?.t° °r' . t
F (f' Signature of Prothonotaryot Deputy
i
z
e
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 - COURT FILE YELLOW- APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-1-01
MDJ Name: Hon.
CHARLES A. CLEMENT, JR
Address: 400 BRIDGE ST
OLDS TOWNE COMMONS -SUITE 3
NSW CUMBERLAND,. PA
Telephone: (717) 774-5989 17070
DEIDRA GARNETT
PO BOX 11454
HARRISBURG, PA 17108
THIS IS TO NOTIFY YOU THAT:
Judgment: ,FOR PLAINTIFF
FX1 Judgment was entered for: (Name)
® Judgment was entered against: (Name
in the amount of $ 908.7)
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: . NAME and ADDRESS
FGARNETT, DEIDRA
PO BOX 11454
HARRISBURG, PA 17108
L J
VS.
DEFENDANT: NAME and ADDRESS
rGALOYAN, XONSTANTIN
17 61-? E :"iiITA DR
NEW CUMBERLAND, PA 17070
L J
Docket No.: CV-0000411-06
Date Filed: 8/02/06
r e 1
If I
_ (Date of Judgment) 11/01/06
GARNETT, DSIDRA
GALOYAN, XONSTANTIN
F] Defendants are jointly and severally liable.
F] Damages will be assessed on Date & Time
F1 This case dismissed without prejudice.
F1 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
F] Portion of Judgment for physical damages arising out of
residential lease $
Amount of Judgment $ 786.77
Judgment Costs $ 122.00
Interest on Judgment $
Attorney Fees $ .00
Total $ 908.77
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTRRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS ANN NO FURTHER PROCESS WAY BEt3SUED-BY THE MAGISTERIAL-DIS`t<RICT JUDGE- "?IIlIIY?•
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.
NOV -1 2006 Date
I certify that this is a true and correct copy of the record of the p
Date
My commission expires first Monday of January, 2008
AOPC 315-06
DATE PRINTED: 11/01/06 11:31:00 AN
", Magisterial District Judge
ngs containing the judgment.
, Magisterial District Judge
SEAL
Itemized Account of Costs,
Fees, and Restitution
Civil No: 06-6677
Deidra Garnett
V.
Konstantin Galoyan
Civil No: 06-6677
Court cost/Filing Fees $122.00
Sheriff's Service $100.00
Postage fees $4.49
Hotel total $135.57
Deposit $520.00
Wear & Tear on Vehicle, 2240 miles
45.00 a day $1260.00
U-Haul Storage $83.00
Disposed groceries Approximately $75.00
Not having a kitchen to cook in, cost
of having to eat-out, $25.00/day X 28 $700.00
Compensation for Gas Mileage 22240 miles
on vehicle .50 A mile $1270.00
Three days off. $16.50 an hour x 24 hours $396.00
Compensation for mental distress 5000.00
with the intent to inflect.
$9666.06
Garnett, Deidra
From: Galoyan, Konstantin
Sent: Monday, July 03, 2006 8:28 AM
To: Garnett, Deidra
Subject: RE: I need your address
sure, send it to my address in New Cumberland, 424-426 Third Street, PA 17070. 1 need your address, so I can send you
my statement.
Thanks
-----Original Message-----
From: Garnett, Deidra
Sent: Monday, July 03, 2006 8:26 AM
To: Galoyan, Konstantin
Subject: I need your address
Kon: I need your address. I have a notice I need to send you and I have to provide the Equal
Housing, Attorney General's office and my Attorney with your address.
Online Services - Online Image
IN WACHOVIA
F7V KI 61
Page 1 of I
ONLINE IMAGE
Account Number:
Check Number Amount Date Posted
............ ....... .. ...... .._...... ........... ..--.1-111 ..................
._..
1227 $175.00 06/19/2006
tQ3ltltl?d+?pr ?•_..?.._.. .
ti?ia?iye?z
11000
VU 1227
*A *0 sum
Tkttt It r kSfy?1L OW of
I t
.Oej
rl r`: `?: y°??` mould
??? t!1* it I IAA I tb#clt.
O in
Ci.
b
C!
OO
N fld
mom
irl
rrl
i1f
ou
iJ
41:0340005030: i}0034111111OWL 2 2? ,#00000 1 7 5001
v
W
M
W
tt
4
034 - LA
0
V
]
EX 7y
1
A
PX- 2.g
an
M?+
t.
I`
1
1Y
D
¦
c?
fl
O
ire
`V t
V
s ..-.. ....? . « «r .
X
7Y
O
ii
f
111 MMACY (s>r 111011t?t 11rb?
How To Save This Image
PC users
Internet Explorer:
Right-click on the check image, and choose "Save Picture As..."
Others:
Right-click on the check image, and choose "Save Image As..."
MAC users
Internet Explorer:
Click & hold on the check image, and choose "Download Image to Disk."
Others:
Click & hold on the check image, and choose "Save this Image as..."
Hide Instructions
https://icid.wachovia.com/webapp/icid_app/servlet/Titanium 7/12/2006
Online Services - Online Image
WACHON IA
GE
Amount
$520.00
Check Number
1223
4031000040.
06/14/2006 .a
4eIAL7464a o
0
tv
WaIs#LEGAL COPY st
out Oh44M. You 0th tits I
f I
l
he low ns frsu
weatd
u r4
u4•ttl•ero
?h4
ek. a
0
N
WS
b
Dtm a mm 1223
ma ft f"014100 an- IiR_.T?L- ri v
NAW
ivdm
r dt It ,tll; V
gAl
M
'? ra?1DDUSQ?t:1fl10C8D6g9B2B?" lii!+23
41:011000501,14 101000012 2 3 /00000 5 200E -0
- khl`tJ G
v
rV
LI
r
J
P006db kN 40
9
O
031000040 FP S-PH:ILA CA°
WX7=1711 TPC-1644 PR-2 .9
Ga
1"r
r%
JM
r
I%A a
14111
P'cPK
&
4-
t< n,, r ,,•, . ri r -
How To Save This Image
a
W
Y
T ? 0
t7
tad bo
a
V
y q
.J
a,
w6-
0
o
r
( toerlar.d? . WWWbaartli *W4
PC users
Internet Explorer:
Right-click on the check image, and choose "Save Picture As..."
Others:
Right-click on the check image, and choose "Save Image As..."
MAC users
Internet Explorer:
Click & hold on the check image, and choose "Download Image to Disk."
Others:
Click & hold on the check image, and choose "Save this Image as..."
Hide Instructions
Page 1 of 1
Date Posted
06/19/2006
Deidra E7???
Garnett,
From: Galoyan, Konstantin
Sent: Monday, June 12, 2006 9:29 AM
To: Garnett, Deidra
Subject: RE: Good morning!
Brendas Apt was 424 B or 426 B, not sure, I don't have an Electric Meter # I can get it tonight if they need it.
-----Original Message-----
From: Garnett, Deidra
Sent: Monday, June 12, 2006 9:26 AM
To: Galoyan, Konstantin
Subject: RE: Good morning!
Do you have an Electric Meter # for Brenda
-----Original Message-----
From: Galoyan, Konstantin
Sent: Monday, June 12, 2006 9:19 AM
To: Garnett, Deidra
Subject: RE: Good morning!
Yes its all electric.
-----Original Message-----
From: Garnett, Deidra
Sent: Monday, June 12, 2006 9:16 AM
To: Galoyan, Konstantin
Subject: RE: Good morning!
perect. I'm contacting the utility comp to have my service start downstairs as of July 1, this
is all electric, right?? I don't have UGA for any service?
-----Original Message-----
From: Galoyan, Konstantin
Sent: Monday, June 12, 2006 9:14 AM
To: Garnett, Deidra
Subject: RE: Good morning!
Its 424 Apt A
-----Original Message-----
From: Garnett, Deidra
Sent: Monday, June 12, 2006 9:13 AM
To: Galoyan, Konstantin
Subject: Good morning!
Good morning.. This is Dede
I forgot to ask you, is the address to the downstairs apt, considered APT. #?
(DISIPINC) _v I BLS5 UCFPNCD4
DISPATCH INCIDENT: 20060600369 NCD e n h,bl'f JF PAGE: 1
CALL TYPE: LANDLORD / TENANT DISPUTE
LOCATION GRID CCL UCR IPG DISPO PRI
------------------------------------------------------------------------------
00424 B 3RD ST 0109 465 0000 Y 03 5
ALARM CTAK DPAT VEH-REGISTRAT MAKE DATE RECV DISP ARRV CLR TOTT REP
------------------------------------------------------------------------------
N 1 BLS5 20060630 2127 2132 2133 2211 0044 N
UNIT BADG OFFICER
------------------------------------------------------------------------------
3 15 STALEY BRIAN L 20060630 2132 2133 2211
NAMES: GARNETT DIEDRA (C)
HOMELESS
GALOYAN KONSTATINE (0)
LANDLORD / 1761 CREEK VISTA RD.
EUTZY CRESSY (0)
424 B 3RD ST., NEW CUMBERLAND /
717 623 5637
717 350 4725
NEW CUMBERLAND
000 000 0000
NEW TENANT
COMMENTS: GALOYAN HAD RENTED THE APARTMENT TO GARNETT UNTIL
7/1. HOWEVER, GALOYAN ALSO TOLD EUTZY IT WAS OKAY
TO MOVE HER BELONGINGS INTO THE SAME APARTMENT
THIS EVENING. GARNETT WAS TO MOVE TO THE
DOWNSTAIRS APARTMENT, HOWEVER GALOYAN WAS UNABLE
TO GET THE DOWNSTAIRS TENANT AT 426 APT. A TO
LEAVE BY TOMORROW. THUS, GARNETT HAD NO WHERE TO
GO TONIGHT AND SHE REFUSED TO STAY IN THE
APARTMENT WITH EUTZY.
GARNETT AND GALOYAN COULD NOT COME TO A MUTUAL
AGREEMENT ON ALTERNATIVE HOUSING FOR HER. GARNETT
RETURNED THE APARTMENT KEY AND INTENDED TO SUE
GALOYAN FOR THE RETURN OF HER SECURITY DEPOSIT.
ADVISED BOTH PARTIES THAT THIS WAS A CIVIL ISSUE
THAT I COULD NOT RESOLVE FOR THEM.
GARNETT WANTED THE INCIDENT DOCUMENTED. RECORD
MADE.
vo?? b?? F, e* ?
DATE: July 17th, 2006
TO: Garnett Deidra
I am in receipt of all of your three letters, which will be used as harassing evidence
if you will pursue your bogus lawsuit actions. I have my tenants as witnesses that
apartment 426 Apt A was vacant and available on July 1"and you refused to take
possession of it on June 30`'. There was no double renting as your lease expired on
June 30`h for the apartment 424 B. I am entitled to the whole amount of $510 as it
was applied for the July month rent for the apartment 426 Apt A, however I was
nice to refund the half of your deposit. You have 10 days to accept the $250
refund and stop harassing me at work and my home residents. If you continue your
false allegations and harassing actions, then I will void your refund, and I will sue
you for harassment and August month rent as well.
ri f ? 2-
A -iARAP -A 1,71
?11
I/ q5-V,
lp
4 17/10::?
:: Mi,??w?M.. ^:? i,?,liit?,I??:iiii:,t???i:?tEii,i?,i?lsi?sl,slliFi?,ll?lii?,?i
VERIFICATION
I, DEIDRA GARNETT, Plaintiff in this matter, verify that the statements made in
the foregoing Plaintiffs Complaint are true and correct to the best of my knowledge,
information, and belief.
The undersigned understands that her statements
therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to
unworn falsification to authorities.
Dated: 12/08/2006
06 - 4??l 77
P.O. Box 11454
Harrisburg, PA 17108
N
r'.
? ??
?? C'7 _C?'
?-
_
+ . ?
r ....
? ?_, ?
.:?- .
i {"'i
-
j'i"t
':? ` _ y
;?
f
.. --5 :
?.. C f .;
?,;.?'.
I ' A
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DEIDRA GARNETT
Plaintiff
VS. I No. 06-6677 Civil Term
KONSTANTIN GALOYAN Civil Action
Defendant
COMES NOW the Defendant, Konstantin Galoyan, for himself
alone and in answering the allegations of the complaint on
file herein, affirms, denies, and alleges as follows:
FACTUAL BACKGROUND
Defendant, Konstantin Galoyan met Plaintiff, Deidra
Garnett on June 10th, and showed first floor one bedroom
apartment 426A New Cumberland, PA 17070. Defendant and
Plaintiff entered a verbal agreement that Defendant will
take possession of the apartment 426A New Cumberland, PA
17070 on July 1st 2006. (Attached hereto as Exhibit A and
incorporated herein, copies of e-mail confirming this.)
The terms negotiated were that Plaintiff's monthly
rent would be $510, of which $10 would be charged for
tenant's dog. Plaintiff wrote out a check for $520, which
included $10 application fee. The $510 check was applied
towards the security deposit, and the Defendant deposited
$510 into a security escrow account. Furthermore the
I r ,.
Plaintiff told the Defendant that she would sign the lease
and give her first month rent on June 30th 2006.
The Plaintiff appeared to the Defendant emotionally
distressed as she shared that her current living situation
is in jeopardy as her roommate/friend is evicting her in a
couple of days. The Defendant felt sorry for the Plaintiff
and offered her a temporary living arrangement in the three
bedroom two level apartment 424B, Third Street that was
going to be available in the couple of days. The verbal
agreement took place in which Defendant agreed to pay the
Defendant $175 and rent the apt 426B, Third Street from
June 15th ending June 30th, 2 0 0 6 .
On June 30th, the Plaintiff vacated the apt 424B, Third
Street, at 11 pm at her own will. Furthermore, the
Plaintiff failed to sign the new lease and pay the rent of
$510 for July month rent for the apt 426A, Third Street.
(Attached hereto as Exhibit B and incorporated herein, copy
of the witness statement, Jerre McCann III tenant from apt
426B, Third Street, New Cumberland, PA 17070.)
The Plaintiff claimed that the Defendant kicked her
out of the apt 424B, Third Street in which case she broke a
verbal lease agreement and demanded her security deposit.
In actuality, the Plaintiff failed to provide the Defendant
with a 30 notice, as she broke her lease, failed to sign
I " I
the new lease on June 30th, 2006, and take the possession of
the apt 426A, Third Street on July 1st, 2006.
The Defendant made all efforts to prepare apt 426A,
Third Street, New Cumberland, PA 17070 for the Plaintiff,
however the Plaintiff failed to contact the Defendant and
failed to appear to take possession of it on July 1st, 2006.
The Defendant lost the opportunity to rent the apt
426A, Third street and the apartment remained vacant for
the month of July through August 1st, until the Defendant
was able to re-rent the apartment to the new tenant
starting August 1st. (Attached hereto as Exhibit D and
incorporated herein, copies of the lease.) The Defendant
suffered a loss for the July month rent in the amount of
$510.
The Defendant in good faith contacted the Plaintiff on
July 3rd, and served her with the letter of Lease
Termination and returned the portion of her security
deposit of $250. (Attached hereto as Exhibit E, F and
incorporated herein, copies of the check and Plaintiff's
letter.) In return the Plaintiff started mailing the
Defendant at work, and home residence with harassing
letters, and she followed up suing the Defendant for $8000,
with the complaint that the apartment 426A, Third Street,
New Cumberland, PA 17070 was not available for the
Plaintiff to move in on July 1st, 2006. (Attached hereto as
Exhibit G and incorporated herein, copy of the civil
complaint filed to District Justice Charles Clement Jr.)
On October 31st, District Justice Charles Clement Jr.
awarded the Plaintiff $908.77, as she claimed that the
Defendant evicted her and did not served her with 30 days
notice. In fact the Defendant did not take any part of the
eviction process of the Plaintiff. The Plaintiff vacated
the apt 424B Third Street, at her own will as her lease
expired June 30th, 2006.
ANWSWER TO COMPLAINT
1. Admitted.
2. Denied. The Defendant e-mailed the Plaintiff with
the address, which is recorded on the Driver's
License as 424-426 Third Street, New Cumberland, PA
17070. Furthermore, Plaintiff received an
alternative address when she received a check in
the amount of $250, as a refund from her security
deposit. (Attached hereto as Exhibit C, E, and
incorporated herein, copy of the e-mail and Driver
license.)
3. Denied. Plaintiff's Exhibit B contains insufficient
evidence to support the complaint. Plaintiff rented
a three bedroom two level apartment located at
424B, Third Street, New Cumberland, PA 17070
starting June 15th and ending June 30th. Plaintiff
agreed to move to the one bedroom apartment 426A,
Third Street on July 1st. The means of proof of the
dates in the memo lines of the check does not
indicate that the Defendant could occupy the
apartment through July 1St' 2006 or up to July 1st'
2006.
4. Admitted. The Plaintiff was going to take
possession of the apartment 426A, Third Street, New
Cumberland, PA 17070 on July 1st, 2006.
5. Denied. The means of proof thereof is within the
exclusive control of Plaintiff and proof thereof is
hereby demanded.
6. Denied. The means of proof thereof is within the
exclusive control of Plaintiff and proof thereof is
hereby demanded. The Defendant knocked several
times, after which he entered the apartment
acknowledging his entrance.
7. Denied. The means of proof thereof is within the
exclusive control of Plaintiff and proof thereof is
hereby demanded. The Defendant walked through the
living room with two new tenants showing them an
apartment and found the Plaintiff in her bedroom
smoking and petting a large black dog.
8. Denied. The means of proof thereof is within the
exclusive control of Plaintiff and proof thereof is
hereby demanded.
9. Denied. The Defendant asked the Plaintiff of her
thoughts of living with two roommates for the next
two weeks.
10. Admitted. The Defendant stated that two bedrooms on
the second level of the three bedrooms apartment
were indeed vacant and were not being used by the
Plaintiff.
11. Admitted.
12. Admitted.
13. Denied. After Plaintiff's objection on sharing an
apartment with two roommates, the Defendant told
the new tenants Melissa Orth and Cressy Eutzy of
the apt 424B Third Street, that they can't take the
possession of the apt 424B until July 1st, 2006.
(Attached hereto as Exhibit H and incorporated
herein, copy of the lease.)
14. Denied. No such conversation occurred. The means of
proof thereof is within the exclusive control of
Plaintiff and proof thereof is hereby demanded.
15. Denied. No such conversation occurred. The means of
proof thereof is within the exclusive control of
Plaintiff and proof thereof is hereby demanded.
16. Admitted. The new tenants agreed to move into apt
424B Third Street on July 1st, 2006.
17. Admitted. The Defendant made arrangements with the
Defendant to clean two apartments 424B and 426A
Third Street on June 30th, 2006.
18. Admitted. The Defendant rented steam vacuum cleaner
on June 30th, 2006 at 2 pm, and started vacuuming
apt 424B at approximately 4 pm.
19. Admitted.
20. Denied. The means of proof thereof is within the
exclusive control of Plaintiff and proof thereof is
hereby demanded. Defendant agreed to meet new
tenants to collect the keys and to receive the
first month rent outside of the apartment.
21. Admitted. Defendant asked the Plaintiff if he can
arrange for her to move into apartment downstairs
426A on June 30th, 2006, so the Defendant could
finish cleaning apt 424B.
22. Admitted.
23. Admitted. The Plaintiff and her ex-husband /
boyfriend left to play a game of Bingo.
24. Admitted.
25. Admitted. On June 30th, 2006 the apt 426A was
partially vacant with the exception of few boxes
left by the old tenant "Matt Miller". "Matt Miller"
was working night shift and was going to collect
the rest of his boxes in the morning before 10 am
July 1st, 2006.
26. Admitted. The Defendant briefly used the
Plaintiff's vacuum, however does not recall using
any other Plaintiff's items from the icebox.
27. Denied. The means of proof thereof is within the
exclusive control of Plaintiff and proof thereof is
hereby demanded.
28. Denied. The means of proof thereof is within the
exclusive control of Plaintiff and proof thereof is
hereby demanded.
29. Denied. Plaintiff's evidence adduced and attached
as Exhibit E are comments taken by Officer Brian
Staley from Plaintiff's statement, and are not his
own comments. This evidence should be suppressed.
The Defendant allowed two new tenants enter the
apartment under his strict supervision and store
four to five boxes in the empty closet of the
vacant bedroom on the third floor.
30. Denied. The means of proof thereof is within the
exclusive control of Plaintiff and proof thereof is
hereby demanded. The Plaintiff had very few items
when she moved to the apartment 426B Third Street,
and her items were not being taken or destroyed.
31. Denied. The Defendant asked the Plaintiff if she
would have a problem if one of the new tenants
would sleep on the third floor in one of the vacant
bedrooms.
32. Denied. On June 17th, the Defendant asked the
Plaintiff for permission.
33. Denied. The Plaintiff statement is absurd and her
suppositions are delusional. The Plaintiff was
staying at the apartment 424B Third Street, with a
man that was her ex husband / boyfriend.
34. Denied. Plaintiff paid rent for Apt 424B ending
June 30th, 2006, her utilities were only paid until
July 1St. 2006 (Attached hereto as Exhibit A and
incorporated herein, copies of the e-mail.)
35. Denied. Plaintiff made it clearly to the Defendant
that she will be vacating the Apt 424B Third Street
at her own will, and refusing to take the
possession of Apt 426A Third Street, on July 1st
The Defendant offered the Plaintiff alternative
1• 1
options for housing to keep Plaintiff as a
potential tenant.
36. Denied. Defendant suggested for a Plaintiff to rent
a hotel and return on July 1st, and offered to pay
for the hotel of his selection.
37. Denied. The means of proof thereof is within the
exclusive control of Plaintiff and proof thereof is
hereby demanded. The Defendant offered to pay for
the hotel.
38. Denied. The Defendant did not evict the Plaintiff
before serving her with letter of lease termination
and obtaining a court order from the District
Justice of New Cumberland Borough. The Plaintiff
vacated the apartment at her own will.
39. Agreed.
40. Denied. Officer Brian Staley did not site with
either party. As he summoned his statement
indicating that Plaintiff was leaving the apartment
at her own will and the Defendant did not take any
part of it.
41. Denied. Officer Brian Staley commented that both
parties could not come to a mutual agreement on
alternative housing for the Plaintiff. (Attached
hereto I as Exhibit and incorporated herein)
42. Agreed.
43. Agreed.
44. Agreed. It was getting close to midnight. The
Defendant had to work at 7 am in the morning.
45. Denied. The Plaintiff wanted to leave the apartment
and keep the keys until the Defendant would give
her the security deposit.
46. Denied. The means of proof thereof is within the
exclusive control of Plaintiff and proof thereof is
hereby demanded. The Plaintiff left with her ex-
husband / boyfriend.
47. Denied. Plaintiff's Exhibit F attached as evidence
is misread and misconstrued. Defendant second
correspondence was taking after the Plaintiff
continued sending harassing letters to the
Defendant. The letter states that the apartment 426
A, Third Street was available on July 1St, but the
Plaintiff refused to take possession of it when she
left the apartment 424B on June 30th.
48. Denied. Plaintiff's Exhibit F attached as evidence
states the apartment 426A was unavailable on June
30, 2006. However apt 426A Third Street was
available on July 1st at 12 pm in the afternoon.
49. Agreed.
50. Denied. The Defendant was sworn in to tell the
truth in the Presence of District Justice, but
never admitted to any negligence, or inhuman and
unethical actions. Plaintiff's accusations are
fictitious; as such actions did not take place.
51. Denied. Plaintiff's Exhibit E contains insufficient
evidence to support the complaint. The Defendant
admitted that he allowed new tenants to store 4 to
5 boxes in the apartment 426 B, Third Street.
52. Agreed. The District Justice ruled for the
plaintiff and awarded $908.77.
53. Denied. The means of proof thereof is within the
Plaintiff assumptions and absurd stipulations. The
actions were taken not to inflict any mental
distress but to accommodate both parties in which
case the Plaintiff appeared to be unattainable.
54. Denied. The Plaintiff broke "Tenant-Landlord"
relationship when she broke verbal rental agreement
on June 30th, 2006.
55. Denied. The means of proof thereof is within the
exclusive control of Plaintiff and proof thereof is
hereby demanded.
56. Denied. Plaintiff was homeless for the past five
years as she uses the P.O. Box address, and her
last residential address recorded on her credit
report was in 2001. (Attached hereto as Exhibit J
and incorporated herein, address from Plaintiff's
credit report.)
57. Denied. The means of proof thereof is within the
exclusive control of Plaintiff and proof thereof is
hereby demanded.
58. Denied. The means of proof thereof is within the
exclusive control of Plaintiff and proof thereof is
hereby demanded.
59. Denied. The means of proof thereof is within the
exclusive control of Plaintiff and proof thereof is
hereby demanded.
60. Denied. The means of proof thereof is within the
exclusive control of Plaintiff and proof thereof is
hereby demanded.
61. Denied. The means of proof thereof is within the
exclusive control of Plaintiff and proof thereof is
hereby demanded.
62. Denied. Plaintiff provides false accusations and
irrelevant proof with no receipts or any written
documentation supporting her expenses.
63. Denied. Plaintiff provided false expenses that are
based on assumptions and fabricated records that
were ignored by District Justice Charles Clement.
CONCLUSION
Plaintiff's complaint statements are incomplete,
convoluted, and erroneous. For the reasons aforesaid, each
of Plaintiff's accusations are misleading, and exhibits of
proof hold no sufficient evidence of the true and relevant
context of events occurred.
WHEREFORE, Defendant requests your Honorable Court to
dismiss the complaint of Plaintiff.
Respectfully Submitted,
4i7l, 1"- 4
Konstantin Galoyan
1761 Creek Vista Drive
New Cumberland, PA 17070
Date: 1--a2 6 J?
Attachments and` Exhibits
Verification
I verify that the statements made in the foregoing
Answer to Complaint are true and correct. I understand
false statements herein are made subject to the penalties
of 18 Pa. C.S.A. Section 4904 relating to unsworn
falsification to authorities.
Konstantin Galoyan
Date:
/? 2?? ??
Certificate of Service
I, Konstantin Galoyan, hereby certify that I served a true
and correct copy of the foregoing by depositing same in the
U.S. mail, first class postage prepaid, signature required,
addressed as follows:
Deidra Garnett
P.O. Box 11454
Harrisburg, PA 17108
Konstantin Galoyan
Date: /L Z 6 Z6VK
Postal
o
RE
CERTIFIED MAIL
CEIPT
1
r
Tr,
(Domestic
O
nly;
Provided)
inform
For deliver ation visit our websi te at wwwuspsxom,,?,
y
Page
$ ... t- lip, P
?
rU
O Certified Fee $2.40 06
C3 Retum Receipt Fee $0. 00
(Endorsement Required)
O
r-1 Restricted Delivery Fee
(Endorsement Required) ?? . jj {
M Total Postage & Fees $ Q.99 IZr > 1 tyt, ..
U'!
D
SON 7-0
-
aPO Box No .
?0
---?? --------------
P4 71CIS
'g. X- 4 It ? 4
Galoyan, Konstantin
From: Garnett, Deidra
Sent: Wednesday, June 14, 200610:18 AM
To: Galoyan, Konstantin
Subject: RE: Good morning!
Ok I think they fig. it out.. I originally told them my address as of July 1 would be 424 A when it is
actually 426 3rd Street, Apt. A. They are to call me back today. Would you have any objection of me
writing that on the meter, or perhaps have them marked?
Thanks.. Sorry to be such a pain..
-----Original Message-----
From: Galoyan, Konstantin
Sent: Wednesday, June 14, 2006 9:24 AM
To: Garnett, Deidra
Subject: RE: Good morning!
its 424 -426 Third Street, Brendas was 424 B, yours will be 426 A.
-----Original Message-----
From: Garnett, Deidra
Sent: Wednesday, June 14, 2006 9:21 AM
To: Galoyan, Konstantin
Subject: RE: Good morning!
The address is 424 3rd Street, or is it 424 Gery St. Apart. A?
-----Original Message-----
From: Galoyan, Konstandn
Sent: Wednesday, June 14, 2006 9:16 AM
To: Garnett, Deidra
Subject: RE: Good morning!
Yeah I looked yesterday also, PPL should have the meter numbers in thier system, I am not sure which meter
is Brendas, I mean I can track the wires to be sure. We will figure something out.
-----Original Message-----
From: Garnett, Deidra
Sent: Wednesday, June 14, 2006 9:13 AM
To: Galoyan, Konstantin
Subject: RE: Good morning!
Certainly!
Also, I assume you got my msg yesterday.. You have 5 meters on the apartment & 1
have no clue which one is the meter for Brenda's old place and then the downstairs
apartment I will be moving into July 1. None of them are marked.
-----Original Message-----
From: Galoyan, Konstantin
Sent: Wednesday, June 14, 2006 9:05 AM
To: Garnett, Deidra
Subject: RE: Good morning!
Morning,
Can you meet me at 12:35 outside of Str Sq right where Temple University is at ?
Kon
-----Original Message-----
From: Garnett, Deidra
Sent: Monday, June 12, 2006 9:54 AM
To: Galoyan, Konstantin
Subject: RE: Good morning!
Ok thank you very much Kon. I'm glad we got the utilities out of the way so this
will not be an issue between us and I will not have to pay you for them, It will be
in my name.
Do you have someone hired to clean the apartments when someone moves
out?? Also will the apartment downstairs be cleaned along with the carpets
shampooed & ready for me July 1?
You mentioned my cleaning the upstairs apartment. I do clean houses and I am
excellent at doing it. I clean window seals, baseboard & stuff like that. If you still
want me to clean that apartment, we can work out something.
Your thoughts?
-----Original Message-----
From: Galoyan, Konstantin
Sent: Monday, June 12, 2006 9:39 AM
To: Garnett, Deidra
Subject: RE: Good morning!
You will see them they are on the side of the house.
-----Original Message-----
From: Garnett, Deidra
Sent: Monday, June 12, 2006 9:35 AM
To: Galoyan, Konstantin
Subject, RE: Good morning!
Great.. Where abouts is the Meter?? Also I have switched my electic
servie to Brenda's apt until July 1. This will go into effect June 13, 2006.
-----Original Message-----
From: Galoyan, Konstantin
Sent: Monday, June 12, 2006 9:33 AM
To: Garnett, Deidra
Subject, RE: Good morning!
Ok that is fine, if want to go tonight and look that is good.
-----Original Message-----
From: Garnett, Deidra
Sent: Monday, June 12, 2006 9:31 AM
To: Galoyan, Konstantin
Subject: RE: Good morning!
Yes, she said I will need the meter # for my Apt. downstairs.. I do
not need Brenda's. Or I could go by tonight & look also.
-----Original Message-----
From: Galoyan, Konstantin
Sent: Monday, June 12, 2006 9:29 AM
To: Garnett, Deidra
Subject: RE: Good morning!
Brendas Apt was 424 B or 426 B, not sure, I don't have an Electric Meter # I
can get it tonight if they need it.
-----Original Message-----
From: Garnett, Deidra
Sent: Monday, June 12, 2006 9:26 AM
To: Galoyan, Konstantin
Subject: RE: Good morning!
Do you have an Electric Meter # for Brenda
-----Original Message-----
From: Galoyan, Konstantin
Sent: Monday, June 12, 2006 9:19 AM
To, Garnett, Deidra
Subject: RE: Good morning!
Yes its all electric.
-----Original Message-----
From: Garnett, Deidra
Sent. Monday, June 12, 2006 9:16 AM
To: Galoyan, Konstantin
Subject: RE: Good morning!
perect. I'm contacting the utility comp to have my
service start downstairs as of July 1, this is all electric,
right?? I don't have UGA for any service?
-----Original Message-----
From: Galoyan, Konstantin
Sent: Monday, June 12, 2006 9:14 AM
To: Garnett, Deidra
Subject: RE: Good morning!
Its 424 Apt A
-----Original Message-----
From: Garnett, Deidra
Sent: Monday, June 12, 2006 9:13 AM
To: Galoyan, Konstantin
Subject: Good morning!
Good morning.. This is Dede
I forgot to ask you, is the address to the
downstairs apt, considered APT. #?
''
??d,6 a
Witness Statement
Landlord
Landlord Name: Konstantin Galoyan
Address: 424-426 Third Street, New Cumberland, PA 17070
Phone: 717-350-4725
On June 30, 2006, approximately between 10 pm and 11 pm I,tZ? IV-
was
sitting on my outdoor deck. I have witnessed that the tenant Deidra Garnett in the apartment
#424 B was packing her belongings and vacating the second floor apartment # 424 B at her own
will. I did not witness that the landlord in any way was trying to vacate the tenant from the
apartment #424B. I have overheard the conversation between the tenant and the landlord, in
which I heard that the tenant's intention was to leave the premises and not to take possession of
the apartment 426 A on July 1St, 2006.
7 7
IV41;?
I,
depose and *te that the facts are true and correct to
the est of my knowledge, information, and belief.
C6D0 v e 5 L) A.s e C,
0?4 //??a 0 (?
s?
K s+,,,-j +-; A) '9 . G 1 a y'R
Pef-s0-j --tlI yc,,pp-ec.,.reA b e For
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Laura V. Frye, Notary Public
Fairview Twp., York County
My Commission Expires Apr. 28,201 O
Member, Pennsylvania A8500I4"Un of NOta601
1
,t
Garnett. Deldra
F"/ l£ C,
From: Galoyan, Konstantin
Sent: Monday, July 03, 2006 8:28 AM
To: Garnett, Deidra
Subject: RE: I need your address
sure, send it to my address in New Cumberland, 424-426 Third Street, PA 17070. i need your address, so I can send you
my statement:
Thanks
-----Original Message-----
From: Garnett, Deidra
Sent. Monday, July 03, 2006 8:26 AM
To: Gatoyan, Kon tandn
Subject. I need your address
Kon: I need your address. I have a notice I need to send you and I have to provide the Equal
Housing, Attorney General's office and my Attorney with your address.
61 1
to
Class: C Eyes:
Endorse: ---- Height:
Com/Med Rstr: "/"
Issued: 0 811 812 0 0 6
Expires: 04111 /3007
KONSTANTIN A GALOYAU
424 3RD ST # 426
NEW CUMBERLND PA 1 i
1
& ? ?je, if 01ri 0
Residential Tenancy Agreement
("Tenant"), with the understanding that Jessica Triplett will rely upon Landords agreements and
representations made in this Certificate, including the acceptance of an assignment of Landlord's
interest in the Lease, hereby certifies, represents, warrants and agrees as follows:
THIS LEASE dated this 1St day of August, 2006
BETWEEN:
Galoyan, Konstantin
424-426 Third Street, New Cumberland, PA 17070
(the "Landlord")
-AND-
Jessica Triplett
426 # A Third Street, New Cumberland, PA 17070
(the "Tenant")
IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the Tenant
leasing those premises from the Landlord and the mutual benefits and obligations set forth in this
Lease, the receipt and sufficiency of which consideration is herby acknowledge, the parties to
this Lease agree as follows:
1. This is a Year Lease Arrangement and will take in effect on August 1" 2006, and will end on
July 30th, 2007.
2. Your Monthly Rental Amount is $500. The monthly rent is due on the first of the month,
with a five-day grace period. Please deposit the monthly rent in the form of a check or money
order in provided black mailbox with the Landlord's name on it in the main lobby. Rents
received after the 5th day of any month will accrue a $25 late fee.
3. The tenant agrees to pay for electric, cable and phone bill.
4. The landlord will pay for water, trash, sewer, and snow removal.
5. This apartment cannot be subleased to any one other than the name that is listed in this lease.
6. Guests cannot stay more than one week unless approved by the Landlord. No Smoking.
7. The security deposit was collected for the amount of $500, which will be returned back to the
tenant within 2 weeks upon final inspection of the apartment.
8. The deposit of $500 will be used to secure and hold the place until tenant takes possession, if
tenant does not take the possession of the unit as agreed in this lease and landlord is at fault,
this deposit becomes nonrefundable and will be used as a first month rent.
9. If the tenant wishes to terminate the lease and vacate the premises, the 60 days written notice
is needed before vacating the premises.
10. Resident understands that the Landlord will exercise all necessary actions and dues to
p ss the law to collect damages and the owing rent amount to the Property based on the
appl' _able haws of e sylvan ?: i 1 in eviction proceeding when necessary.
T
Landlord
l«
DATE: July 3rd, 2006
LETTER OF LEASE TERMINATION
TO: Garnett Deidra
426 Apt A, New Cumberland PA 17070
YOU ARE HEREBY NOTIFIED THAT OUR ORAL LEASE AND RENTAL
AGREEMENT WAS TERMINATED WHEN YOU FAILED TO TAKE THE
POSSESSION OF THE PROPERTY at 426 Apt A, New Cumberland, PA 17070.
THE MONEY COLLECTED $510, WAS to "hold" a rental unit for you prior to
your move-in on July ls`, 2006. I can't apply $510 for the July month rent, since
you have never moved in, however $250 was deducted from $510 because I lost
the opportunity to rent the apartment to another tenant.
Resident understands that the Landlord will exercise all necessary actions and dues to processes
the law to collect damages and the owing rent amount to the Property based on the applicable
laws of Pennsylvania: including eviction proceeding when necessary. All of the provisions
pertaining to notice to be given by the Landlord to the Resident as set forth in Act of April 6,
1951 P.L. 69.
Tenant
Landlord
NINA R. GALOYAN
KONSTANTIN GALOYAN
1761 CREEK VISTA DR.
NEW CUMBERLAND, PA 17070
PAY TO
ORDER OFTHE
F?tlrlr? ?
1347
? 60-8255/2313
170 BR"H S
DATE
L/
NE~y CUhffiERLAND FF.'DgA&C MITMON
,Na APA S7M
FOR p?
` Z;?rir br d txw-
Konstantin A. Galoyan
1761 Creek Vista Drive
New Cumberland PA 17070-2213
July 12'h, 2006
I am in receipt of a check from you, check number 1347, dated July 7, 2006 in the
amount of $250.00. Enclosed with the check was a "Letter of Lease Termination." See
attached.
I cannot cash this check due to the amount of the check is incorrect. The total deposit I
made to you is in the amount of $520.00, my check number is 1223, dated June 10, 2006.
I have also enclosed a copy of that check showing front and back where you have cashed
it.
You have Ten (10) days from the date of this notice to refund my full deposit of $520.00.
If you fail to refund my full deposit within Ten (10) days from the date of this notice I
will file a Civil suit against you and/or file liens against your property, whatever is
allowable by law. According to the Cumberland County Civil Courts 09-1-01 under the
direction of District Justice Chuck Clement Jr., the allowable maximum amount in this
court is $8,000.00. I will be seeking the maximum amount. I will be asking for all court
fees, attorney fees, all cost incurred.
I will be sending you a bill for reimbursement for all expenses incurred from not having a
place to live due to your negligence of double renting and not having the apartment
available for me to move into as we agreed upon. Once I find a suitable place to live and
have a total amount of all of my expenses, this will be sent to you.
I have sent you a request for your address so that I can send you a Certified Letter. You
have refused to provide me with your mailing address and requested I send it to the
apartment building in which you are buying but do not live and doubtful you would be
there to sign a Certified Letter, therefore I am sending this notice to 3 possible addresses
for you and will send the certified copy to your work address.
(Found on the Internet) --"?L
1761 Creek Vista Drive
New Cumberland PA 17070-2213
(The rental units)
424-4263 d Street
New Cumberland
(Your work address)
555 Walnut Street
7`h Floor, Forum
Harrisburg, PA 17101
{
Again, I am requesting an address to send legal documents, certified letters and bills with
the expenses I have incurred. You can send me this information to my mailing address in
which you have previously used, P.O. Box 11454, Harrisburg PA 17108.
Sincere y)
Deidra Garnett
P.O. Box 11454
Harrisburg, PA 17108
717-623-5637
cc: District Justice Clement
Sally Winder, Attorney at Law
File
Attachments
pt
',5?arrd G
COMMONWEALTI OF P NN YLV?NIA
COUNTY OF: Cal MY-fill
CIVIL COMPLAINT
Uri- i
MDJName: Hon. !? 1l,?F 1 5 A- t??'t-4 " x-,42.
l.. t S%
Address: ?t ?f v
Pit 17 t-71,
Telephone:
PLAINTIFF: NAAMMEE and ADDRESS
'PC) &K Iliiy
)07V / 7/ Cy ??
vs. J
DEFENDANT: NAME and ADDRESS
Fi ae 1' P47 ru mi
L*r Ir t 5 n. K r j PA Docket No.:
AMOUNT DATE PAID
FILING COSTS
POSTAGE $
SERVICE COSTS $
CONSTABLE ED. $~
TOTAL
Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party.
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ X OW.11V together with costs
upon the following claim (Civil fines must include citation of the statute or ordinance violated):
? J
?llVf.jk'7c7C (.'` I Lt s?l'w?% ck Q, H ? tLL `/l? u? ?'' TG l'Y'-, lie
ii?6?
C ,t t?ertlati.., I--),A, gttf- pt y4? Gzj)6u?tv?4 c?aS Nof aUcLiIa?Ic ?c; i? h Ito, ? i4b
??t t i.t?e? ?? L V?G 17 164u o t ! 5J-'ls 4'J r;1-*1 j2L'a /L.C 4,
? f ?' ??,? ???°??.%f• ,-.?-U=-? ??-??:i? r ?? f???? l??'s?C. 1'1u.? .ft?-? (_?ut?. ,rtt..-c.
I, A )ei(?wL 6ell^liz- verify that the facts set forth in this complaint are true and correct to the
best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes
Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities.
'717.71
,a
(Signature of Plaintiff or Aufhorized Agent) G
Plaintiff's
s t
Attorney: Address: I C? LJG' ?f e l
Telephone:
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE
ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO,
JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you
intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days
before the date set for the hearing.
If you are disabled and require a reasonable accommodation to gain access to the Magisterial
District Court and its services, please contact the Magisterial District Court at the above address
or telephone number. We are unable to provide transportation.
AOPC 308A-05
??df 4 #
Residential Tenancy Agreement
("Tenant"), with the understanding that Orth, Melissa will rely upon Landords agreements and
representations made in this Certificate, including the acceptance of an assignment of Landlord's
interest in the Lease, hereby certifies, represents, warrants and agrees as follows:
THIS LEASE dated this 1" day of July, 2006
BETWEEN:
Galoyan, Konstantin
424-426 Third Street, New Cumberland PA 17102
(the "Landlord")
-AND-
Orth, Melissa
424-426 Third Street, New Cumberland Apt # B PA 17102
(the "Tenant")
IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the Tenant
leasing those premises from the Landlord and the mutual benefits and obligations set forth in this
Lease, the receipt and sufficiency of which consideration is herby acknowledge, the parties to
this Lease agree as follows:
1. This is a Year Lease Arrangement and will take in effect on July 1St 2006, and will end on
June 30th, 2007.
2. Your Monthly Rental Amount is $675. The monthly rent is due on the first of the month,
with a five-day grace period. Please deposit the monthly rent in the form of a check or money
order in provided black mailbox with the Landlord's name on it in the main lobby. Rents
received after the 5th day of any month will accrue a $25 late fee.
3. The tenant agrees to pay for electric, cable and phone bill.
4. The landlord will pay for water, trash, sewer, and snow removal.
5. This apartment cannot be subleased to any one other than the name that is listed in this lease.
6. The security deposit was collected for the amount of $675, which will be returned back to the
tenant within 2 weeks upon final inspection of the apartment.
7. If the tenant wished to terminate the lease and vacate the premises, the 60 days written notice
is needed before vacating the premises.
8. Resident understands that the Landlord will exercise all necessary actions and dues to
processes the law to collect damages and the owing rent amount to the Property based on the
applicable laws of Pennsylvania: including eviction proceeding when necessary. All of the
provisions pertaining to notice to be given by the Landlord to the Resident as set forth in Act
of April 6, 1951 P.L. 69.
Tenant
Landl rd
!' w
4
(DISIPINC) BLS5 UCFPNCD4
DISPATCH INCIDENT: 20060600369 NCDX?6?Lf JF PAGE: 1
CALL TYPE: LANDLORD / TENANT DISPUTE
LOCATION GRID CCL UCR IPG DISPO PRI
------------------------------------------------------------------------------
00424 B 3RD ST 0109 465 0000 Y 03 5
ALARM CTAK DPAT VEH-REGISTRAT MAKE DATE RECV DISP ARRV CLR TOTT REP
-------------------------------------------------------------------------------
N 1 BLS5 20060630 2127 2132 2133 2211 0044 N
UNIT BADG OFFICER
3 - 15 STALEY BRIAN L 20060630 2132 2133 2211
-
NAMES: GARNETT DIEDRA (C)
HOMELESS
GALOYAN KONSTATINE (0)
LANDLORD / 1761 CREEK VISTA RD.
EUTZY CRESSY (0)
424 B 3RD ST., NEW CUMBERLAND /
717 623 5637
717 350 4725
NEW CUMBERLAND
000 000 0000
NEW TENANT
COMMENTS: GALOYAN HAD RENTED THE APARTMENT TO GARNETT UNTIL
7/1. HOWEVER, GALOYAN ALSO TOLD EUTZY IT WAS OKAY
TO MOVE HER BELONGINGS INTO THE SAME APARTMENT.
THIS EVENING. GARNETT WAS TO MOVE TO THE
DOWNSTAIRS APARTMENT, HOWEVER GALOYAN WAS UNABLE
TO GET THE DOWNSTAIRS TENANT AT 426 APT. A TO
LEAVE BY TOMORROW. THUS, GARNETT HAD NO WHERE TO
GO TONIGHT AND SHE REFUSED TO STAY IN THE
APARTMENT WITH EUTZY. •
GARNETT AND GALOYAN COULD NOT COME TO A MUTUAL
AGREEMENT ON ALTERNATIVE HOUSING FOR HER. GARNETT
RETURNED THE APARTMENT KEY AND INTENDED TO SUE
GALOYAN FOR THE RETURN OF HER SECURITY DEPOSIT.
ADVISED BOTH PARTIES THAT THIS WAS A CIVIL ISSUE
THAT I COULD NOT RESOLVE FOR THEM.
GARNETT WANTED THE INCIDENT DOCUMENTED. RECORD
MADE.
i y ?II?' I7? ?I ?/ V
Personal Information
Name: Deidra K. Garnett
Current Address
610 MICHIGAN ST
JEFFERSON CITY, MO 65109
Date Reported: 09/2001
Previous Address
Former Address 1
116 MARKET ST
NEW CUMBERLAND, PA 17070
Date Reported: 10/2001
Former Address 2
85 GREENWOOD CIR
WORMLEYSBURG, PA 17043
Date Reported: 07/2001
Former Address 3
PO BOX 11454
HARRISBURG, PA 17108
Date Reported: 06/2005
-
CJ ?<<t _
C_.w
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYL VANIA
Deidra Garnett
P.O. Box 11454
Harrisburg, PA 17108
Plaintiff,
VS.
Civil No: 06-6677
Konstantin Galoyan
1761 Creek Vista Drive
New Cumberland, PA 17070
Defendant.
NOTICE TO DEFEND AND CLAIM RIGHTS
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 LA WYER 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
1 Courthouse Square, 3R
Carlisle, PA 17013
717-240-6200
717-240-6460 (fax)
DEIDRA GARNETT,
Plaintiff
Vs,
KONSTANTIN GALOYAN
Defendant
No. 06-6677 Civil Term
-BR-I£F-AftM MOTION FOR SUMMARY JUDGMENT ON BEHALF OF PLAINTIFF
ffilo?a?
COMES NOW Plaintiff presenting this Brief in support thereof shows as follows:
Since the filing of this cause, the Plaintiff has proven all matters complained of in this
case, 06-6677, with the complaint and exhibits filed prior to this Brief. The Plaintiff has proven
the Defendant was Misfeasance, in this case as a Landlord. Strict Proof thereof was also filed by
the Defendant in his Answer, also filed under the above captions case.
The Defendant did not motion the courts for Arbitration or trial due to the fact that he is guilty of
the charges outlined in the above caption case.
Plaintiff prays to your Honorable Court, and respectfully requests this Court enters an order for
monies outlined in the above caption case filed with the complaint as part of the complaint, and
for such other and further relief as the Court deems just and proper.
RESPECTFULLY SUBMITTED; this the -?2 -7 day of 2007.
Deidra Garnett
P.O. Box 11454
Harrisburg, PA 17108
717-623-5637
N
r "t'1
CERTIFICATE OF SERVICE
This is to certify that I, Deidra Garnett of Plainff, have this the above Brief day mailed, by United States
mail, postage prepaid, a true and correct copy o to: z
KONSTANTIN GAI,OYAN, Defendant, this the ??7 and PA 1 p7 of AL, 2007, to the
address, 1761 Creek Vista Drive, New Cumberland, PA 17070
U.S. Postal Service
CERTIFIED MAIL: RECEIPT
(Domestic Mail Only; No insurance Coverage Provided)
C3 NEW + •
w
l illI) m
ru .4
I 0,3 54..
Postage $
Certified fee ? , 4i i Zt
C3 Return Receipt Fee $
0 {Endorsement Required)
C3 Restricted Delivery Fee 1
'
3 (Endorsement Required) t
C3 Total Postage & Fees $ fi; ..
C3 -Sent To
Q
r- Street, Apt No.;
or PO Box No.
r.? l
i -4
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DEIDRA GARNETT
Plaintiff
VS.
KONSTANTIN GALOYAN
Defendant
No. 06-6677 Civil Term
Civil Action
DEFENDANT's OPPOSITION TO SUMMARY JUDGMENT
1) Defendant, Konstantin Galoyan opposes to the
Plaintiff's motion for Summary Judgment.
2) Plaintiff's motion for Summary Judgment is made on the
grounds that Defendant did not motion to the court for
trial or arbitration, however the Plaintiff did not
motion for the trial or arbitration either.
3) Plaintiff's motion for Summary Judgment is irrelevant
and does not follow the rules of Court and should be
recognized as inappropriately filed.
4) Summary judgment is appropriate if there are no
important facts are in dispute and the case can be
decided based upon the documents already filed in
Court.
5) Plaintiff's request to Court to enter an order for the
Plaintiff is premature, as it appears there are plenty
of facts in Plaintiff's complaint to dispute.
6) Plaintiff's allegations and evidence submitted in the
complaint are too open-ended to permit a court to make
a ruling in favor of Plaintiff without a trial or
arbitration. The Court will have to hear testimony by
all witnesses before reaching a decision.
7) Defendant, Konstantin Galoyan is not liable of any
charges or allegations outlined in the complaint.
8) Plaintiff, Deidra Garnett is not entitled to a
security deposit, mental distress damages, gas
mileage, food, lodging, etc. as she has not made any
effort to provide any sufficient proof of these
damages in any event.
9) Defendant motions the court to require Plaintiff to
withdraw her motion for Summary of Judgment and to
submit her claims to binding arbitration.
Respectfully Submitted,
Date: D 3 & Zoo 7
Konstantin Galoyan
1761 Creek Vista Drive
New Cumberland, PA 17070
certificate of Service
I, Konstantin Galoyan, hereby certify that I served a true
and correct copy of the foregoing by depositing same in the
U.S. mail, first class postage prepaid, signature required,
addressed as follows:
Deidra Garnett
P.O. Box 11454
Harrisburg, PA 17108
M
k&",V
Konstantin Galoyan
Date: ?j 17 Z61p
M'
i
i i
m sit our
For delivery informat
on v
IRt?'AI' • webs
te at www.usps.com,
q
e
+
.11 Postage $
Q Certified Fee $? . 0 S j
°
° Return Reciept Fee
(Endom meM Required)
C3
r-R Restricted Delivery Fee
(Endorsement Required) a.
1, 111 v Icy )
f ?i
°
rI
Total Postage & Fees
$ 12 9 f
T4/2007
M
°
° Sent
-- Street, Apt. IVo.
or PO Box No.
n - - - ---- - - -------
/' .??-rye
Z `r 1
- `r '
--------------
Gry State Z/Pr4 • "
---- - ° °° ------------------
?/^ 9
PTO mob
r
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06677 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GARNETT DEIDRA
VS
GALOYAN KONSTANTIN
TIMOTHY REITZ Sheriff or Deputy Sherif f
Cumberland County,Pennsylvania, who being duly sworn acco ing to law,
says, the within COMPLAINT & NOTICE was served upo
GALOYAN KONSTANTIN the
DEFENDANT , at 2020:00 HOURS, on the 15th day of Dec er , 2006
at 1761 CREEK VISTA DRIVE
NEW CUMBERLAND, PA 17070 by handing to
NINA GALOYAN, MOTHER
a true and attested copy of COMPLAINT & NOTICE tog her with
and at the same time directing Her attention to the conte# thereof.
Sheriff's Costs:
Docketing 18.00
Service 14.96
Affidavit .00
Surcharge 10.00
.00
„? 42.96
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
12/18/2006
DEIDRA GARNETT
By. -7 -
uty" Sheri f f j,
A. D.
John A. Davidson
The Law Office of John A. Davidson
208 N. 3rd Street
Suite 130
Harrisburg PA 17101
(717) 238-4043
JAD@JohnADavidsonesq.com
DEIDRA GARNETT
Plaintiff.
V.
KONSTANTIN GALOYAN
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 06-6677 Civil Term
: CIVIL ACTION - LAW
To the Prothonotary:
Praecipe for Entry of Appearance
Enter my appearance on behalf of DEIDRA GARNETT Plaintiff/Appellee.
Papers may be served at the address set forth below.
John A. Davidson Attorney for Party Named Above and 200503 Identification Number,
Firm: Law Offices of John A. Davidson, Address: 208 N. 3rd Street Suite 130, Harrisburg, PA 17101,
Phone: (717) 238-4043, Fax Number for Service of Papers: (717) 238-4198
Date: July 17, 2007 at Lk
r
4ohn A. Davidson
r_ C
? 3
`Tt
.
_s
i4
DEIDRA GARNETT : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
VS.
KONSTANTIN GALOYAN
: NO. 06-6677 CIVIL TERM
CIVIL ACTION
DEFENDANT : LAW
PETITION FOR LEAVE TO AMEND COMPLAINT
Petitioner, Deidra Garnett, by his undersigned attorney, hereby petitions this
Honorable Court for Leave to File an Amended Complaint. In support thereof,
Petitioner avers as follows:
1. The Petitioner was previously unrepresented by legal counsel.
2. The Petitioner has obtained legal counsel.
3. The Petitioner would like to include additional claims against the Respondent.
4. Petitioner seeks leave of the Court to file an Amended Complaint.
WHEREFORE, Petitioner, Deidra Garnett respectfully requests that the Petition
for Leave to File an Amended Complaint.
Respectfully submitted:
John A. Davidson ID No. 200503
Law Office of John A. Davidson 208
North 3V Street, Suite 130 Harrisburg,
PA 17101
Telephone - (717) 238-4043
Fax - (717) 2384198
Attorney for Plaintiff
AN
VERIFICATION
I, Deidra Garnett, hereby acknowledge that I am the Petitioner in the foregoing
action; that I have read the foregoing document; 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 unworn falsification to authorities.
eidra Garnett
Dated: v --2 7 y
G
CP
x
`1 ?
DEIDRA GARNETT,
Plaintiff,
V.
KONSTANTIN GALOYAN,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-6677 CIVIL TERM
CIVIL ACTION -LAW
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter our appearance on behalf of the Defendant Konstantin Galoyan in the
above-referenced matter.
SMIGEL, ANDERSON & SACKS, LLP
Date: August 24, 2007
By: _ ? D-J4
Darryl J. Liguori, Esquire
I.D. #91715
4431 North Front Street
Harrisburg, PA 17110-1709
(717) 234-2401
Attorneys for Defendant
s
DEIDRA GARNETT,
Plaintiff,
V.
KONSTANTIN GALOYAN,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-6677 CIVIL TERM
: CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
I, Darryl J. Liguori, Esquire, hereby certify that I have served a true and correct copy of
Defendant's Praecipe for Entry of Appearance upon counsel and/or parties as addressed below
by depositing the same in the U.S. Mail, first class, postage prepaid, on this 24th day of August,
2007:
John A. Davidson, Esq.
208 North Third Street
Suite 130
Harrisburg, PA 17101
Date: August 24, 2007
SMIGEL, ANDERSON & SACKS, LLP
By: 0j 4
Darryl J. Liguori, Esquire
I.D. #91715
4431 North Front Street
Harrisburg, PA 17110-1709
(717) 234-2401
Attorneys for Defendant
m
vJ T
co
-ta r
CD
AUG 3 0 20070(
DEIDRA GARNETT : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
VS.
KONSTANTIN GALOYAN
DEFENDANT
NO. 06-6677 CIVIL TERM
CIVIL ACTION
LAW
ORDER.
AND NOW, this 0- 4v om
_ E' -- day of jQft44=y--2007,- - . -x ex-WCi}
J???e Respondent, Konstantin Galoyan, A"ffovz.m4 show cause why the
Petitioner's Petition for Leave to File Amended Complaint should not be granted.
1 ?' a,t?t-tS ra2?? IC?L -
Rule returnable th@ 206i, - - at,
, .
BY THE?eOURT:
Distribution List:
Konstantin Galoyan 1761 Creek Vista Drive t '? ??9- 6 y o
New Cumberland, PA 17070, Pro Se Respondent
w Office of John A. Davidson 208 North 3'd Street, Suite 130 Harrisburg, PA 17101
Attorney for the Petitioner
r
?.
C-i
N.
SMIGEL, ANDERSON & SACKS, LLP
River Chase Office Center
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110-1778
(717) 234-2401
DEIDRA GARNETT,
Plaintiff,
V.
KONST ANTIN GALOYAN,
Defendant.
Darryl J. Liguori, Esquire
I.D. No. 91715
Attorney for Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-6677 CIVIL TERM
CIVIL ACTION -LAW
DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION
FOR LEAVE TO AMEND COMPLAINT
AND NOW COMES, Defendant Konstantin Galoyan, by and though his counsel, the law
firm of Smigel, Anderson & Sacks, LLP, to file this Response to Plaintiffs Petition for Leave to
Amend the Complaint and avers in support as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
NEW MATTER
5. Plaintiff seeks leave to amend the Complaint to add an additional count for a
violation of the Pennsylvania Consumer Protection Law.
6. This additional claim is based on the same facts and circumstances as Plaintiffs
breach of lease agreement claim.
7. There is no information that is available to Plaintiff now that Plaintiff did not have
when Plaintiff drafted and filed a District Judge Complaint on August 2, 2006 and a
Complaint in the Cumberland County Court of Common Pleas on December 8, 2006.
8. Defendant has already filed an Answer to Plaintiffs Complaint on or about
December 26, 2006 and the pleadings have been closed for nine (9) months.
9. Plaintiffs original Complaint and Defendant's Answer clearly state Plaintiffs
claims and Defendant's defenses to those claims.
10. There is no reason now to re-open the pleadings to allow the Plaintiff to plead
additional causes of action to which she would not otherwise be entitled to.
11. To do so would unfairly prejudice the Defendant, who at this stage of the
litigation, wishes to proceed forward with discovery and list this matter for resolution with
the arbitration panel in a timely manner.
WHEREFORE, Defendant Konstantin Galoyan asks this Honorable Court to deny
Plaintiffs Motion for Leave to File an Amended Complaint.
Date: September 11, 2007
Respectfully submitted,
SMIGEL, ANDERSON & SACKS, LLP
By:
LDJ 4 t - --! ? -
2
Darryl J. Liguori, Esquire
I.D. #91715
4431 North Front Street
Harrisburg, PA 17110-1709
(717) 234-2401
Attorneys for Defendant
f
DEIDRA GARNETT,
Plaintiff,
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-6677 CIVIL TERM
KONSTANTIN GALOYAN,
Defendant.
: CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
I, Darryl J. Liguori, Esquire, hereby certify that I have served a true and correct copy of
Defendant's Response to Petition for Leave to Amend Complaint upon counsel and/or parties as
addressed below by depositing the same in the U.S. Mail, first class, postage prepaid, on this
11th day of September, 2007:
John A. Davidson, Esq.
208 North Third Street
Suite 130
Harrisburg, PA 17101
Attorney for Plaintiff'
Date: September 11, 2007
SMIGEL, ANDERSON & SACKS, LLP
By. Di 6
Darryl J. Liguori, Esquire
I.D. #91715
4431 North Front Street
Harrisburg, PA 17110-1709
(717) 234-2401
Attorneys for Defendant
r°-3
Eno
DEIDRA GARNETT,
PLAINTIFF/PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
KONSTANTIN GALOYAN,
DEFENDANT/RESPONDENT
06-6677 CIVIL TERM
ORDER OF COURT
AND NOW, this day of October, 2007, having reviewed the
petition for leave to amend a complaint and the answer filed thereto, IT IS ORDERED
that petitioner file an amended petition for leave to amend complaint which sets forth
what additional claims and/or legal causes of action petitioner seeks to include in an
amended complaint. The amended petition shall be forwarded by the Prothonotary to
chambers.
By thq.C-ourt,
.A"hn A. Davidson, Esquire
For Plaintiff
rryl J. Liguori, Esquire
For Defendant
sal A
Edgar B. B yley, J
I
r-
' {?
?x ? ,
c?-.+
t
DEIDRA GARNETT : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
VS. : NO. 06-6677 CIVIL TERM
KONSTANTIN GALOYAN
CIVIL ACTION
DEFENDANT : LAW
AMENDED PETITION FOR LEAVE TO AMEND COMPLAINT
Petitioner, Deidra Garnett, by his undersigned attorney, hereby petitions this
Honorable Court for Leave to File an Amended Complaint. In support thereof,
Petitioner avers as follows:
1. The Petitioner was previously unrepresented by legal counsf
2. The Petitioner has obtained legal counsel.
3. The Petitioner would like to include additional claims agar
4. Petitioner seeks leave of the Court to file an Amended Complaint.
ADDITIONAL CLAIMS / LEGAL CAUSES OF ACTION
5. That the Respondent effected a self help eviction specifically that the Respondent
allowed others to move into the Apartment the Respondent had rented to the Petitioner
during the lease term of the petitioner.
6. That the Respondent is further entitled to recover under the Unfair Trade Practices
and Consumer Protection Law as the Landlord's actions violate 73 Pa. CS §201-2 (xxi).
WHEREFORE, Petitioner, Deidra Garnett respectfully requests that the Petition
for Leave to File an Amended Complaint.
Respectfully submitted:
John A. Davidson ID No. 2005003
Law Office of John A. Davidson 208
North V Street, Suite 130 Harrisburg,
PA 17101
Telephone - (717) 238-4043
Fax - (717) 238-4198
Attorney for Petitioner
CERTIFICATE OF SERVICE
And Now, on this 191h day of October 2007 I, John A. Davidson, attorney for the
Plaintiff, Deidra Garnett, hereby certify that I have served true and correct copies of the
within documents, on. Darryl J. Liguori, Esquire by depositing same to in the United
States Mail, postage prepaid addressed as follows:
Darryl J. Liguori, Esquire
Smigel Anderson & Sachs LLP
4431 N Front Street
Harrisburg, PA 17110-1709
The Law Office of John A. Davidson
By 7 J?
John A. Davidson
ID # 200503
208 N. 3rd Street
Suite 130
Harrisburg, PA 17101
Attorney for Plaintiff
-?
- _. 0
tia 1" t 0
? rn
E
C3 -C
DEIDRA GARNETT,
PLAINTIFF/PETITIONER
V.
KONSTANTIN GALOYAN,
DEFENDANT/RESPONDENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
06-6677 CIVIL TERM
ORDER OF COURT
AND NOW, this A day of October, 2007, a Rule is entered
against Konstantin Galoyan to show cause why the amended petition for leave to file an
amended complaint should not be granted. Rule returnable fifteen (15) days after
service.
By the
Edgar B. Btyl&y,
/ohn A. Davidson, Esquire
208 North 3rd Street, Suite 130
Harrisburg, PA 17101
For Plaintiff
arryl J. Liguori, Esquire
River Chase Office Center
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110-1778
Fnr nPfPneinnt
sal
.N
J P?
CC7 r-.a
?
?
?
---E rn
cr -? C?1
k46
SMIGEL, ANDERSON & SACKS, LLP
River Chase Office Center
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110-1778
(717) 234-2401
DEIDRA GARNETT,
Plaintiff,
V.
KONSTANTIN GALOYAN,
Defendant.
: IN TF
: CUM
NO.0
CIVI
AND NOW COMES, Defendant Konstantin
firm of Smigel, Anderson & Sacks, LLP, to file this
Leave to Amend the Complaint and avers in support
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
Darryl J. Liguori, Esquire
I.D. No. 91715
Attorney for Defendant
RT OF COMMON PLEAS
ND COUNTY, PENNSYLVANIA
CIVIL TERM
DN -LAW
by and though his counsel, the law
to Plaintiffs Amended Petition for
5. Denied. The averments of this para ph co tain conclusions of law to which no
response is required under the Pennsylvania Rules of Ci it Procedure. To the extent that a
response is deemed required, the averments are speci cally enied.
6. Denied. The averments of this paragr ph co tain conclusions of law to which no
response is required under the Pennsylvania Rules of Ci ?l Procedure. To the extent that a
response is deemed required, the averments are speci cally enied.
Ji. 46.
7. Plaintiff seeks leave to amend
violation of the Pennsylvania Consumer Prc
8. These additional claims are based
Complaint Plaintiff previously filed alleging a
)laint to add additional counts for a
v and a self help eviction.
thel same facts and circumstances as the
the lease agreement.
9. There is no information that is availa le to laintiff now that Plaintiff did not have
when Plaintiff drafted and filed a District J dge omplaint on August 2, 2006 and a
Complaint in the Cumberland County Court of ommo Pleas on December 8, 2006.
10. Defendant has already filed an Ar
December 26, 2006 and the pleadings have been
3 Plaintiffs Complaint on or about
for over ten (10) months.
11. Plaintiffs original Complaint and 1
claims and Defendant's defenses to those claims.
12. There is no reason now to re-open
additional causes of action to which she would
13. To do so would unfairly prejudice
litigation, wishes to proceed forward with disco
the arbitration panel in a timely manner.
WHEREFORE, Defendant Konstantin Galo?
Plaintiffs Amended Petition for Leave to File an A
Answer clearly state Plaintiffs
s to allow the Plaintiff to plead
be entitled to.
-ndant, who at this stage of the
list this matter for resolution with
ks this Honorable Court to deny
d Complaint.
2
•
y submitted,
Date: November 9, 2007
By:
ANDERSON & SACKS, LLP
DJ4 ['? -
Darryl J. Liguori, Esquire
I.D. #91715
4431 North Front Street
Harrisburg, PA 17110-1709
(717) 234-2401
Attorneys for Defendant
3
IIt Os
DEIDRA GARNETT, IN T CO T OF COMMON PLEAS
Plaintiff, : C ERL COUNTY, PENNSYLVANIA
V.
NO.0 -6677 CIVIL TERM
KONSTANTIN GALOYAN,
Defendant. CIVIL ACTI N -LAW
I, Darryl J. Liguori, Esquire, hereby certify that I
counsel and/or parties as addressed below by depo iti
postage prepaid, on this 9th day of November, 2007:
served a true and correct copy of
,eave to Amend Complaint upon
same in the U.S. Mail, first class,
John A. Da idson, s?
208 North bird S ee
Suite 130
Harrisburg, PA 17 01
Attorney fo Plai iff
Date: November 9, 2007
MIG L, ANDERSON & SACKS, LLP
y: -
)arryl J. Liguori, Esquire
D. #91715
431 North Front Street
larrisburg, PA 17110-1709
117) 234-2401
.ttornevs for Defendant
? N
q
Q
"IZ mn
C ? f"7
r?
DEIDRA GARNETT,
PLAINTIFF/PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
KONSTANTIN GALOYAN,
DEFENDANT/RESPONDENT
06-6677 CIVIL TERM
ORDER OF COURT
AND NOW, this L4-- day of December, 2007, following a review of
the amended petition for leave to file an amended complaint and the response thereto,
IT IS ORDERED that plaintiff may file an amended complaint within twenty (20) days of
this date.
John A. Davidson, Esquire
208 North 3rd Street, Suite 130
Harrisburg, PA 17101
For Plaintiff
Darryl J. Liguori, Esquire
River Chase Office Center
4431 North Front Street, 3`d Floor
Harrisburg, PA 17110-1778
For Defendant
Edgar B. Bayley, J.
(If t
'es n7a t tcc'?
sal
Co
f?
E? N
?
John A. Davidson
The Law Office of John A. Davidson
208 N. 3rd St. Suite 130
Harrisburg PA 17101
(717) 526-7850
JAD@JohnADavidsonesq.com
DEIDRA GARNETT : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
VS.
KONSTANTIN GALOYAN
NO. 06-6677 CIVIL TERM
CIVIL ACTION
DEFENDANT LAW
AMENDED COMPLAINT
AND NOW COMES the Plaintiff, Deidra Garnett, an adult individual, by her attorneys,
The Law Office of John A. Davidson, respectfully represents:
1. Deidra Garnett, adult individual, with a mailing address as P.O. Box 11454,
Harrisburg, PA, who resides in York County, New Cumberland, Pennsylvania 17070,
hereinafter called "Plaintiff".
2. Konstantin Galoyan, is an adult individual whose resides at 1761 Creek Vista Dr.,
New Cumberland, PA 17070, hereinafter called "Defendant".
3. Plaintiff rented a three bedroom apartment, for herself, from the Defendant,
located at 424 Apartment B, (upstairs) 3rd Street, New Cumberland, Cumberland
County, New Cumberland, PA, 17070, beginning June 15 through July 1, 2006,
hereinafter called "Premises".
4. There was no written lease for the Premises.
5. Attached hereto as Exhibit A is a copy of the check given to and cashed by the
Defendant the dates on the memo line are for the rental period cover by this check.
6. For a term beginning July 1, 2006 the Defendant had agreed to lease 426A,
(downstairs) 3rd Street New Cumberland, PA 17070 to the Plaintiff as evidenced be a
cashed check attached hereto as Exhibit B.
7. On June 17, 2006 the Defendant entered the Premises without notice and without
knocking. The Defendant was accompanied by two persons unknown to the Plaintiff.
Once inside the Premises the Defendant opened the door to a bedroom where the
Plaintiff was taking a nap.
8. On June 17, 2006 the Defendant then advised the Plaintiff that he was renting the
two other bedrooms to these two strangers. Further, that these strangers were to share
the kitchen and bathroom with the Plaintiff. The Defendant stated that the 2 bedrooms
were not being used so he intended to rent them to the two strangers.
9. On June 17, 2006 the Plaintiff advised the Defendant she was not agreeing to share
the apartment with the two strangers.
10. On June 17, 2006 the Plaintiff further advised the Defendant that the Premises
were already leased to the Plaintiff and the utilities were in the Plaintiff's name.
2
11. On June 17, 2006 the Defendant advised the Plaintiff he would only refund $50 of
the $175 in rent the Plaintiff had paid to rent the Premises from June 15, 2006 through
July 1.
12. On June 17, 2006 one of the strangers who the Plaintiff came to know as "Eutzy"
advised the Defendant that she would find other housing.
13. On or about June 20, 2006 the Defendant made arrangements to clean the carpets
of the Premises on June 30, 2006 while the Plaintiff was at work.
14. On June 30, 2006 as requested by the Defendant, the Plaintiff left the Premises so
the Defendant could clean the Premises, the Defendant allowed several strangers to
move in their personal possessions despite the fact that the Plaintiff's lease on the
Premises had yet to expire.
15. On June 30, 2006 at 5:00 PM the Plaintiff returned to the Premises.
16. On June 30, 2006 after the Plaintiff's arrival the Defendant asked if the Plaintiff
would consider moving to 423 A 31d Street, the apartment downstairs from the
Premises, hereinafter called "New Premises" that night rather than on July 1 as
previously agreed.
17. At that time the Plaintiff advised the Defendant she would agree to move if the
New Premises were clean and ready.
18. The Defendant advised the Plaintiff to find something to do while he finished
cleaning the Premises.
19. On June 30, 2006 at approximately 6:00 PM the Defendant called the Plaintiff and
asked her to meet him at the Premises advising her he had run into difficulties and he
needed to speak to her in person.
20. While cleaning the Premises on June 30, 2006, the Defendant had used the
Plaintiff's vacuum cleaner to clean her carpets. Further, the Defendant, without asking
permission had taken some items in the Plaintiffs refrigerator.
21. On June 30, 2006 the Plaintiff arrived at the Premises and noticed one of the prior
strangers ("Eutzy") and approximately 4 others waiting out side the apartments.
22. The Defendant advised her that the current tenant of the New Premises, a "Mat
Miller" was refusing to move out and the New Premises were not available.
23. On June 30, 2006 the Defendant did willfully allow others to violate the Plaintiff's
right to exclusive possession to the Premises.
24. On June 30, 2006 the Defendant advised the Plaintiff that whether the Plaintiff
agreed or not, the strangers were to stay in the Premises.
25. On June 30, 2006 the Defendant insisted that the strangers were to stay even after
the Plaintiff advised him that her lease had not yet expired and she would not allow the
strangers to stay.
26. On June 30, 2006 the Defendant even after being advised of the opposition of the
Plaintiff and her legal grounds for doing so insisted that the strangers were to stay.
4
27. On June 30, 2007 the Defendant demanded the keys to the Premises and that the
Plaintiff leave the Premises immediately.
28. The Plaintiff believes and therefore avers that the Defendant willfully violated the
lease particularly the right of exclusive possession.
29. The Plaintiff believes and therefore avers that the Defendant in placing the
strangers in the Premises left the Plaintiff no choice but to leave the Premises.
30. The Plaintiff believes and therefore avers that the Defendant in taking the keys
and ordering the Plaintiff to leave immediately that the Defendant executed a self-help
eviction.
31. The Defendant has yet to return the Plaintiff's Security Deposit of $500.
32. The Defendant charged the Plaintiff a $20 fee for running a credit report on the
Plaintiff. The Defendant never ran a credit report on the Plaintiff.
33. As a result of the Defendant's breach of the lease the Plaintiff has suffered both
incidental and consequential damages due to the Plaintiff's eviction from the Premises.
These damages include but are not limited to the cost of hotels, meals out, filing fees
and other out of pocket expenses in the amount of $2426.
Wherefore, the Plaintiff demands judgment against the Defendant for actual damages
of $2951 with interest and costs to be trebled in accordance with 73 P.S. § 201-9.2 (2005)
in addition to reasonable attorney's fees in accordance with 73 P.S. § 201-9.2 (2005) plus
punitive damages in the amount of $5000 for the Defendant's outrageous conduct in
resorting to a self help eviction, which said amount is within the arbitration limits of
The Court of Common Pleas for Cumberland County, Pennsylvania.
The Law Office of John A. Davidson
By
John A. Davidson
ID # 200503
208 N. 3rd Street
Suite 130
Harrisburg, PA 17101
Attorney for the Plaintiff
6
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904, relating to unsworn falsification to authorities.
Date:-/9 / 7 ,07
Deidra Garnett Plaintiff
EXHIBIT A
Online Services - Online Image
1W T
? WACHOVIA
rage i of i
ONLINE IMAGE
Account Number' VY+?? __
Check Number Amount Date Posted;
__...__._....__..__._............... .___..._..___....... ........ ___.__._.__...... ...... _._..... .................. .. _ .................. _...... _......... ........ .._..... _.____.__..._._............. _.... _..... _........ .... _....... _..... _..._.._...._.......... __....__.._,
1227 $175.00 06/19/2006
*0310000+10l
061Yllfcou j
62161,716 4 7
s MP k
ou
a
&
A
Ys
$
y
r
a
u
us
I
*6o
£ t
lA? ism way Yo ?rauld
W In* srlpihsloboe%. ?
O W
G
O
r•t e
to O
VI N
{ FO
•0
I"
.M
m
fu
W
4103TOGO5o3s: 10 omfo M122? 000000 1 7 500'
V
N
W
W
a
v
aw,
o
031000040 FPB-P313LA CA
BJiT-J 7! 17RCPJ 64d PX.244
r ,.,
sr
ppyy=?jn^{'y'?.y ?y???1y O
How To Save This Image
PC users
Internet Explorer:
Right-click on the check image, and choose "Save Picture As..."
Others:
Right-click on the check image, and choose "Save Image As..."
MAC users
Internet Explorer:
Click & hold on the check image, and choose "Download Image to Disk."
Others:
Click & hold on the check image, and choose "Save this Image as..."
Hide Instructions
d
W
w
s?
0
r
?n
r
..,
J,O
r
r %
yJ
1
AI
D
to
lot OW ow" or *6 West ft "4
40,
httn.c•//itiri.war.hnvia.c:nm/wehann/icid ann/servlet/Titanium 7/12/2006
EXHIBIT B
Online Services - Online Image Page 1 of 1
Date Posted
06/19/2006
4031000040•
OWIV200L
6ZI601d4A D
v
This I* # LML.COPY* t
, chick.. YOY &Ah Y?1 1
1
6
1J t -?
t hs urns wsy ev wevt a
1
4
.
V a a Ih40 IA?X Ohsax, •+
Ir
.A A
Ct N
O
D
Q Q
W1 nr
u1 p
r
0
lu
DIU M UANAM 1223
F& KA 1 MU
MAlllldrllll0 ( 1"0614"
OAIL if! r
cgo, 04
lot) otxsau
-i r
?03100=341010080699828O 023
41:0310005031; W l008Conalw12 c'3 000(300S 200w
W 1il
1N
M C
? C
'
??1S4407Ab Dw ?,' ? MO
0
1 ? a
3
0000 0 FPS-PBJL;A CA
EXTa 171 I TPC-1644 PX?z
a°
•9
? Na
?
r?
J.?. s
D W
r
N 0
11 Z %
w
r 4
it IN MIT
iStf2iid INK
twn.trsda..astllrela+rR,i?wl
How To Save This Image
PC users
Internet Explorer:
Right-click on the check image, and choose "Save Picture As..."
Others:
Right-click on the check image, and choose "Save Image As..."
MAC users
Internet Explorer:
Click & hold on the check image, and choose "Download Image to Disk."
Others:
Click & hold on the check image, and choose "Save this Image as..."
Hide Instructions
Z
a? Cr.s
?
. OD ?J
_ ? -t?
C) m
Pla; ti4+r
V*5.
r, S` ,414 Go,?oyaK CERTIFICATE OF SERVICE
Doof+
And Now, on this 191h day of December 2007 I, John A. Davidson, attorney for
the Plaintiff, Deidra Garnett, hereby certify that I have served true and correct copies of
the Amended Complaint filed December 18, 2007 documents, on Daryl J. Liguori,
Esquire, attorney for the Defendant, Konstantin Galoyan, by depositing same to in the
United States Mail, postage prepaid addressed as follows:
Darryl J. Liguori, Esquire
Smigel Anderson & Sachs LLP
4431 N Front Street
Harrisburg, PA 17110-1709
The Law Office of John A. Davidson
By
John A. Davidson
ID # 200503
208 N. 3rd Street
Suite 130
Harrisburg, PA 17101
Attorney for Plaintiff
9
r
6
L
A
I
+_
"
6
,t Z
om ?k ,: ri ' S T
?
. Mi
DEIDRA GARNETT : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
VS.
: NO. 06-6677 CIVIL TERM
KONSTANTIN GALOYAN
CIVIL ACTION
DEFENDANT LAW
CERTIFICATE OF SERVICE
And Now, on this 19th day of December 2007 I, John A. Davidson, attorney for the
Plaintiff, Deidra Garnett, hereby certify that I have served true and correct copies of the
Amended Complaint filed December 18, 2007 documents, on Daryl J. Liguori, Esquire, attorney
for the Defendant, Konstantin Galoyan, by depositing same to in the United States Mail, postage
prepaid addressed as follows:
Darryl J. Liguori, Esquire
Smigel Anderson & Sachs LLP
4431 N Front Street
Harrisburg, PA 17110-1709
The Law Office of John A. Davidson
By
John A. Davidson
ID # 200503
208 N. 3rd Street
Suite 130
Harrisburg, PA 17101
Attorney for Plaintiff
`V Q
rr,
SMIGEL, ANDERSON & SACKS, LLP
River Chase Office Center
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110-1778
(717) 234-2401
DEIDRA GARNETT,
Plaintiff,
V.
KONSTANTIN GALOYAN,
Defendant.
TO: Deidra Garnett, c/o
John A. Davison, Esquire
208 N. 3rd Street, Suite 130
Harrisburg, PA 17101
Darryl J. Liguori, Esquire
I.D. No. 91715
Attorney for Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-6677 CIVIL TERM
: CIVIL ACTION -LAW
NOTICE TO PLEAD
YOU ARE HEREBY NOTIFIED that Defendants' Answer to the First Amended
Complaint set forth herein contains averments and counterclaims against you to which you are
required to respond within twenty (20) days after service thereof. Failure to do so may
constitute an admission.
SMIGEL, ANDERSON & SACKS, L.L.P.
Date: January 14, 2008 By. _ L j
Darryl J. Liguori, Esquire - ID #91715
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendant
SMIGEL, ANDERSON & SACKS, LLP
River Chase Office Center
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110-1778
(717) 234-2401
DEIDRA GARNETT,
Plaintiff,
V.
KONSTANTIN GALOYAN,
Defendant.
Darryl J. Liguori, Esquire
I.D. No. 91715
Attorney for Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-6677 CIVIL TERM
CIVIL ACTION -LAW
DEFENDANT'S ANSWER WITH NEW MATTER AND
COUNTERCLAIM TO PLAINTIFF'S AMENDED COMPLAINT
AND NOW COMES, Defendant Konstantin Galoyan, by and though his counsel, the law
firm of Smigel, Anderson & Sacks, LLP, to file this Defendant's Answer with New Matter and
Counterclaim to Plaintiffs Amended Complaint and avers in support as follows:
1. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the averments of this paragraph and the averments
are therefore denied, with strict proof thereof demanded at trial.
2. Admitted.
3. Admitted in part and denied in part. Plaintiffs lease ran through June 30, 2006
not July 1, 2006.
4. Admitted.
5. Denied. The check Plaintiff references is a writing which speaks for itself, and
therefore Plaintiff's summaries, conclusions, or characterizations made regarding that writing are
specifically denied. It is specifically denied that Plaintiff contracted to rent the apartment for any
day in July 2006.
6. Admitted.
7. Denied. Defendant was showing the apartment as he is permitted as landlord to
two new potential tenants. Defendant announced his presence before he entered the apartment
and knocked. It is specially denied that Defendant did not knock and entered without notice.
Plaintiff had full knowledge that she was moving out of the apartment and that Defendant would
be showing the apartment to other potential tenants.
8. Denied. Defendant asked the Plaintiff if she would mind if the new tenants used
the two vacant upstairs bedrooms. It is specifically denied that Plaintiff had no choice in the
matter.
9. Admitted.
10. Admitted.
11. Denied. The averments in this paragraph are specifically denied and strict proof
thereof is demanded at the time of trial.
12. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the averments of this paragraph and the averments
are therefore denied, with strict proof thereof demanded at trial.
13. Admitted.
14. Denied. It is admitted that Defendant was cleaning the apartment which Plaintiff
was moving out of that day. The remainder of the averments are denied and strict proof, if
relevant, is demanded at the time of trial. In fact, Plaintiffs lease was expiring that day, on June
30, 2006.
15. Admitted.
16. Denied. Defendant had informed Plaintiff on or about June 26, 2006 that he
intended to clean both the old premises and the new premises on June 30, 2006 and that Plaintiff
could move into the new premises on June 30, 2006.
17. Denied. Plaintiff had already agreed that she would move out of the old premises
and into the new premises on June 30, 2006.
18. Admitted.
19. Admitted.
20. Denied. The averments in this paragraph are denied and strict proof, if relevant,
is demanded at the time of trial.
21. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the averments of this paragraph and the averments
are therefore denied, with strict proof thereof demanded at trial.
22. Denied. Matt Miller was the prior tenant of the new premises. Miller had already
vacated the premises but had left behind a few boxes of his possessions. Miller promised to pick
up those boxes by 9 AM on July 1, 2006.
23. Denied. The averments of this paragraph contain conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a
response is deemed required, the averments are specifically denied.
24. Denied. Defendant never advised Plaintiff that strangers were to stay at the
premises.
25. Denied. Defendant never advised Plaintiff that strangers were to stay at the
premises. By way of further denial, Plaintiffs lease expired on June 30, 2006 not July 1, 2006.
26. Denied. Defendant never advised Plaintiff that strangers were to stay at the
premises.
27. Denied. Defendant asked the Plaintiff if she would mind if one of the new tenants
spent the night in an extra bedroom on another floor of the premises. Plaintiff then became upset
and told the Defendant she would be leaving that night and would not be signing the yearly lease
for the new premises and turned in her keys. Plaintiff turned down possession of the new
apartment. It is specifically denied that Defendant demanded the keys and asked that the
Plaintiff leave the premises.
28. Denied. The averments of this paragraph contain conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a
response is deemed required, the averments are specifically denied.
29. Denied. The averments of this paragraph contain conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a
response is deemed required, the averments are specifically denied.
30. Denied. The averments of this paragraph contain conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a
response is deemed required, the averments are specifically denied.
31. Denied. Defendant returned %2 of Plaintiffs security deposit. Defendant kept the
other % as liquidated damages for Plaintiffs breach of the lease.
32. Denied. Defendant charged Plaintiff $10 for an application fee and $10 for a
credit check.
33. Denied. The averments of this paragraph contain conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a
response is deemed required, the averments are specifically denied.
WHEREFORE, Defendant Konstantin Galoyan asks this Honorable Court to dismiss
Plaintiffs Amended Complaint and terminate this action in his favor.
NEW MATTER
34. Defendants incorporate by reference the preceding paragraphs as if the same was
set forth fully herein.
35. Plaintiff agreed to lease 426 # A Third Street, New Cumberland, PA beginning on
July, 1 2006 with a yearly lease.
36. Prior to moving in, sometime in early June 2006, Plaintiff approached Defendant
upset because her current roommate was evicting her.
37. Defendant offered her a temporary living arrangement at 424 # B Third Street,
New Cumberland, PA for the dates June 16, 2006 until June 30, 2006.
38. 424 # B is a two story, three bedroom unit with two of the bedrooms located on
the third floor.
39. Plaintiff knew she was moving out of 424 # B at the end of the month as she had
already agreed to rent 426 # A and that Defendant would be showing 424 # B to potential new
tenants.
40. On June 30, 2006, Defendant asked Plaintiff if one of the new tenants could stay
in one of the extra bedrooms at 424 # B for the night of June 30, 2006.
41. Plaintiff became upset and told Defendant that she would be leaving the
apartment, refused to sign the yearly lease for apartment 426 # A, and refused to take possession
of the new apartment.
42. Plaintiff then packed her belongings and left the apartment.
43. On July 3, 2007, Defendant returned half of Plaintiffs security deposit to her.
44. Defendant kept the other half as liquidated damages for Plaintiffs breach of the
lease agreement.
45. A true and correct copy of the proposed Lease for Apt 426 # A is attached hereto
as Exhibit A. Although Plaintiff left before she signed it, the Lease does provide that the
security deposit will be used to secure and hold the apartment until the tenant takes possession.
If tenant does not take possession, the deposit becomes nonrefundable and will be used as a first
month rent. See Exhibit A at 18.
46. Plaintiff has suffered no damages or losses from Defendant's alleged actions and
therefore has no cause of action against Defendant.
COUNTERCLAIM - BREACH OF CONTRACT
Konstantin Galoyan v. Diedra Garnet
47. Defendant incorporates by reference the preceding paragraphs as if the same was
set forth fully herein.
48. Defendant as landlord and Plaintiff as tenant entered into a lease for the property
located at 426A (downstairs), 3rd Street, New Cumberland, PA 17070.
49. The lease was to begin on July 1, 2006 with a monthly rent of $500.
50. The lease was a Year Lease Arrangement and would end on June 30, 2007.
51. Plaintiff gave Defendant a security deposit in the amount of one month's rent plus
a $10 application fee and a $10 credit check fee to hold the apartment.
52. On June 30, 2006, Plaintiff stated she would not take possession of the apartment
on July 1, 2006 as they had contracted for.
53. Defendant is entitled to the July 2006 rent in the full amount as damages for
Plaintiff s breach.
WHEREFORE, Defendant Konstantin Galoyan asks this Honorable Court to find in his
favor and award the amount of one month's rent plus interest, costs, and fees.
Respectfully submitted,
Date: January 14, 2008
SMIGEL, ANDERSON & SACKS, LLP
By:
D,j I c,?
Darryl J. Liguori, Esquire
I.D. #91715
4431 North Front Street
Harrisburg, PA 17110-1709
(717) 234-2401
Attorneys for Defendant
FROM (FRO JAN 11 2008 15:47/ST.15:45/No.6800086959 P 2
VERMCA-HON
I, Konstantin Galoyan, verify that the statements contained in the foregoing document are
true and correct to the best of my knowledge, information and belief. I understand that false
statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom
falsification to authorities.
Date: C ? // ,/ A?&i?i
Konstantin Galoyan
?X,??a?-? ?`
Residential Tenancy Agreement
("Tenant"), with the understanding that will rely upon Landords
agreements and representations made in this Certificate, including the acceptance of an
assignment of Landlord's interest in the Lease, hereby certifies, represents, warrants and agrees
as follows:
THIS LEASE dated this 1" day of July, 2006
BETWEEN:
Galoyan, Konstantin
424-426 Third Street, New Cumberland, PA 17070
(the "Landlord")
-AND-
426 # A Third Street, New Cumberland, PA 17070
(the "Tenant")
IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the Tenant
leasing those premises from the Landlord and the mutual benefits and obligations set forth in this
Lease, the receipt and sufficiency of which consideration is herby acknowledge, the parties to
this Lease agree as follows:
1. This is a Year Lease Arrangement and will take in effect on July 1" 2006, and will end on
June 30th, 2007.
2. Your Monthly Rental Amount is $500. The monthly rent is due on the first of the month,
with a five-day grace period. Please deposit the monthly rent in the form of a check or money
order in provided black mailbox with the Landlord's name on it in the main lobby. Rents
received after the 5th day of any month will accrue a $25 late fee.
3. The tenant agrees to pay for electric, cable and phone bill.
4. The landlord will pay for water, trash, sewer, and snow removal.
5. This apartment cannot be subleased to any one other than the name that is listed in this lease.
6. Guests cannot stay more than one week unless approved by the Landlord. No Smoking.
7. The security deposit was collected for the amount of $500, which will be returned back to the
tenant within 2 weeks upon final inspection of the apartment.
8. The deposit of $500 will be used to secure and hold the place until tenant takes possession, if
tenant does not take the possession of the unit as agreed in this lease, this deposit becomes
nonrefundable and will be used as a first month rent.
9. Resident understands that the Landlord will exercise all necessary actions and dues to
process the law to collect damages and the owing rent amount to the Property based on the
applicable laws of Pennsylvania: including eviction proceeding when necessary.
Tenant
Landlord
DEIDRA GARNETT, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 06-6677 CIVIL TERM
KONSTANTIN GALOYAN,
Defendant. CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
I, Darryl J. Liguori, Esquire, hereby certify that I have served a true and correct copy of
Defendant's Answer with New Matter and Counterclaim upon counsel and/or parties as
addressed below by depositing the same in the U.S. Mail, first class, postage prepaid, on this
14th day of January, 2008:
John A. Davidson, Esq.
208 North Third Street
Suite 130
Harrisburg, PA 17101
Attorney for Plaintiff
Date: January 14, 2008
SMIGEL, ANDERSON & SACKS, LLP
By: ?Dj ?
Darryl J. Liguori, Esquire
I.D. #91715
4431 North Front Street
Harrisburg, PA 17110-1709
(717) 234-2401
Attorneys for Defendant
3 t l ?'
_ s i?
_ n '0
0. <
,. A
John A. Davidson
The Law Office of John A. Davidson
208 N. 3rd St. Suite 130
Harrisburg PA 17101
(717) 526-7850
JAD@JohnADavidsonesq.com
DEIDRA GARNETT
PLAINTIFF
VS.
KONSTANTIN GALOYAN
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-6677 CIVIL TERM
CIVIL ACTION
LAW
ANSWER NEW MATTER
AND NOW COMES the Plaintiff, Deidra Garnett, an adult individual, by her attorneys,
The Law Office of John A. Davidson, respectfully represents:
34. To the extent that a response is deemed required, the averments are specifically
denied.
35. Admitted in part and denied in part. Specifically the parties had agreed to an oral
lease 426 # A Third Street. The lease attached to Plaintiff's Answer was never signed by
either party nor was it nor any written lease ever presented to the Plaintiff.
36. Denied, further the reason for leasing an apartment is irrelevant.
37. Admitted with the clarification as to the start date was June 15, 2006 not June 16,
2006.
38. Admitted.
,.
39. Admitted in part and denied in part. By way of specific denial the Defendant
never asked permission to show the apartment.
40. Denied with strict proof demanded at trial.
41. Admitted in part and denied in part. By way of specific denial the Defendant had
a current tenant in Apt 426 # A and that apartment was unavailable for occupancy by
the Plaintiff.
42. Denied with strict proof demanded at trial.
43. Admitted. However, this check has never been negotiated as it represented only
half of the original security deposit..
44. Admitted in so far the Defendant did not return the whole amount of the security
deposit. The Plaintiff has no knowledge as to what the Defendant's reason for not
returning the whole deposit therefore can not admit or deny that half of the security
deposit was withheld as liquidated damages however, the avertment that this amount
is liquidated damages is denied and strict proof demanded at trial.
45. Denied and strict proof is demanded at trial. By way of further clarification this
lease was not signed by either party. Further, the Defendant makes no allegation that
the Plaintiff was ever given a copy of the alleged lease.
46. Denied and strict proof is demanded at trial.
2
ANSWER COUNTERCLAIM
47. The Plaintiff incorporates by reference the preceding paragraphs as if the same
was set forth fully herein.
48. Denied. To clarify the Plaintiff admits she did write a check for a deposit,
however, she was never presented with a copy of the alleged lease nor did she ever sign
the alleged lease.
49. Admitted, the new lease did start on July 1, 2006 not June 30, 2006. Further when
the Defendant asked the Plaintiff on June 30, 2006 to move to Apt 426 # A that
apartment was occupied.
50. Denied. To clarify the Plaintiff admits she did write a check for a deposit,
however, she was never presented with a copy of the alleged lease nor did she ever sign
the alleged lease.
51 Denied and strict proof demanded at trial.
52. Admitted in part and denied in part. As the 426 # A apartment was occupied by a
tenant that apartment was unavailable for occupancy on June 30, 2006
53. Denied, Defendant has suffered no damages as both apartments were occupied in
for the month of July 2006.
Wherefore, the Plaintiff ask this honorable court to dismiss Defendant's counterclaim.
The Law Office of John A. Davidson
By '
John A. Davidson
ID # 200503
208 N. 3rd Street
Suite 130
Harrisburg, PA 17101
Attorney for the Plaintiff
4
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904, relating to unworn falsification to authorities.
Date:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL TERM
DEIDRA GARNETT,
Plaintiff.
Vs,
KONSTANTIN GALOYAN
Defendant
No. 06-6677 Civil Term
Civil Action
PETITION FOR APPOINTMENT OF ARBITRATORS
THE HONORABLE, THE JUDGES OF SAID COURT:
John A. Davidson, counsel for the plaintiff in the above action respectfully
represents that.
1. The above-captioned action is at issue.
2. The claim for the plaintiff in the action is $16,700
The counterclaim of the defendant in the action is $600/
The following attorneys are interested in the case as counsel or are otherwise
disqualified to sit as arbitrators:
Darryl J. Liguori
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully Submitted,
f '.'4
John A. Davidson
ORDER OF COURT
AND NOW, , 200, in consideration of the foregoing
petition,
Esq., and
Esq., and
Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
By the Court,
EDGAR B. BAYLEY
r-?
i...
4, F
DEIDRA GARNETT : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
VS. : NO. 06-6677 CIVIL TERM
KONSTANTIN GALOYAN
CIVIL ACTION
DEFENDANT LAW
CERTIFICATE OF SERVICE
And Now, on this 4 h day of June 2008 I, John A. Davidson, attorney for the Plaintiff,
Deidra Garnett, hereby certify that I have served true and correct copies of the Petition for the
Appointment of Arbitrators, on Daryl J. Liguori, Esquire, attorney for the Defendant, Konstantin
Galoyan, by depositing same to in the United States Mail, postage prepaid addressed as follows:
Darryl J. Liguori, Esquire
Smigel Anderson & Sachs LLP
4431 N Front Street
Harrisburg, PA 17110-1709
The Law Office of John A. Davidson
John A. Davidson
ID # 200503
208 N. 3rd Street
Suite 130
Harrisburg, PA 17101
Attorney for Plaintiff
??? ?
,? ?::
??,+
f
??
??
?
r'
?7 7 c-Pali -f
ORDER OF COURT
AND OW, L , 200jin consideration of the (foregoing
petition, Esq., and Q",(
Esq., and ?r Esq., are appointed arbitrators in the above
captioned action (or actions) a pr ed for.
By the Court,
AlIr.
Q'r W?o-t
EDGAR B. BAYLEY
r
Fll
?
3
s
.?..r.? eti+n
l,LT?-
vgq? r -"N
? r
taw s3, solt1P7
r
t11?1?1hSNN3dt:??'??
bid 1 i "Af all,
,r
Deidra Garnett
Plaintiff
Konstantin Galoyan
Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. 06 _ 6677
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey d defend the Constitution of the United
States and the Constitution of this o o weal d will discharge a duti office
with fidelity.
a
Si i Signature Signature
George B. Faller, Jr., Esq. David A. Baric, Esq.
Name (Chairman) Name
Martson Law Offices
Law Firn"r
O'Brien, Baric & Scherer
Law Firm
10 East High Street
Address
Carlisle, PA 17013
City, zip
19 West South Street
Address
Carlisle, PA 17013
City, zip
Mark F. Bay Yey, Esq.
Name
Bayley & Mangan
Law Firm
17 West South Street
Address
Carlisle, PA 17013
City, zip
?c //78 3 - 1Award `'? ?$ q 4I
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If dama es for delU are awarded, they shall be separately state(
f?et I
Yl
f-I
. Arbitrator, dissents. (Insert name if applicable,
Date of Hearing: !0 20 o
(C) ..
Date of Award: 0 Zo 0
Notice of Entry of Award
Now, the 214k day of 20a at f-1_1-?-.M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to a paid upon appeal: ..jfO
By:
Pr notary
Deputy
r»a
emu`
v ?t?i f ? 1 C"y ?
*!? ? ?
r?7..._:
1 "? ? ?,#T
-. ? _??
.,,,? .-..c ..
C% ?"' ?
'?l + , ?
`?o ??/ ?,
C
//i- ' ? ?-
4 .
(??`? )\
W
r]y
1.i+
V'
? tT'-'
? r
?J