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HomeMy WebLinkAbout94-02018 .. J ,I f ~ <: ~~ (2 j ~0;) -6 . ,',( , ,L.-' COMMONWIAlTH OF PINUSYLVANIA COUIT Of COMMON ,ilAS - ------.-. ..,r ArPtAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLlAS N.. 94-2018 Civil Tenn NOTICE OF APPEAL Notiee i. 9iven thot the oppellanl ho. liled in the obove Court 01 Common Pleo. on appeol hom Ihe judgmenl rendered by lhe Di.lrict Ju.tice on Ih dote and in the cose menlioned below CV 19 LT 19 ClOOOO 'i'il - Thi. block wiu be signed ONLY when Ihi. nolation i. ,equired unde, Po. R.cPJP, No. 10088. This Notice of Appeal. when received by too Dishkt Ju,tice. will operate os a SUPERSEDEAS to the iudgment 10' pouellion in Ihi. co.e. STrPlo11Uro O'-p'c);i1OOOl1i;'- (Jr Deputy appol/an Vias CLAIMANT (500 Po, R,C.P,J.P, Nc 1001 (6) in action belora Dis/ricl Justice. lIe MUS; FILE A COMPLAiNT wi/hin lwenly (20) days aile, filing his NOTICE 01 APPEAL. PRAECIPE TO ENTER RULE TO-FILE COMPLAINT AND RULE TO FILE (This sectiOll 01 loon /0 be 0500 ONLY wllon .1ppell,1J" 1'0.15 DEF[NDANT (500 Pa, HG.P.J.P. No, 1001(7) in action beloro Dis/Jlcl Justice, IF NOT USED, de/actl from copy of notice of af1)C,1/ /0 bt1 so1vf'<1 upon uppol/oo), PRAECIPE: To Prothooolory Ente, ,ule upon ~:r tl/.l'1Ati1 '\~ Ail;:;- _.(!1!!..!!f!--:_~f;!_....1 , appellee(.), to. me a complaint in this appea 'll NaIF!" oIl11ll4~I:..(.t(5} (CommonPlcosNo. 94-2018 Civil Term )WithintwentY(20Iday,ohers~,ule RULEI To Iv P:I= 1l1h1v';J!It,...T ar~ ,oppenee{s), Nome 01 IJcc(s) (j-- (1) You ore nolif..d lhot 0 rule is hereby entered upon yau to. file 0 compleint in this appeal within twenty (20) day. all., the dote af Ietvice of this rule upon you by personol service 0< by certif..d 0< regisle,ed moiL (2) II you do nol fj!~ 0 compleint within this time, 0 JUDGMENT OF NON PROS WILL 8E ENTERED AGAINST YOU, (3) The dote af .e,vice of this rule if ..,vice was by moil i. lhe dote af moiling, \ 01 AoUoonolDfy a ~ Dote: ^nr. 20. ,19-211 . ~ ; AOf'C 31~0ft4 . COMMONWIALT" 0' PINNSYLVANIA COUll 0' COMMON PUAS NOTICE OF APPEAL FROM JUDICIAL DISTIICT DISTRICT JUSTICE JUDGMENT COMMON PLlAS No. 94-2018 Civil Te:rm NOTICE or APPEAL Notice i. gi_ that the appellant has filed in the above Court of Camman Plea. an appeal fram the judgment rendered by the Di.trlct Ju.tice an the date and in the case mentioned beIaw. (lW'fllll r MAIlII1 CV 19. , . .; ~ . V I lT 19 tJOCOO ~ - ~f' .. Thi. black will be signe<!\9.~\~'~ lbi!,nalat~ ~ !~~ire<l~ unci, "',fa. R.cP JP, No: 10088. \ -. . , Thi. Notice of Appeal, M10n received by the Di.lricl Ju.tice, will cPorote o. a SUPERSEDEAS to the Judgment for paue.slon In thi. ca... Signaluro 0/ Prothonotary or Deputy appellan was CLAIMANT (see Pa. R.c,P,J,P. No, 1 DOt( 6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after Ii/ing his NOTICE of APPEAL. , <.. PRAECIPE TO ENTE~RULE TO FILE COMPLAINT AND RULE TO FILE \ ".. '- (This section 01 loon 10 bo used ONLY when awe/lanl was DEFENDANT (soo Pa, R,C,P.J,P, No, 100 1 (7) In act/on bolore DislIict Justico, /F NOT USED, dotach-trOm CqlY 0/ notice 01 aweallo bo served upon appel/oo), ' PRAECIPE, To PrathanatCIIY Enter rule upon N P r tv! ~II Ie J~;:;- ~ & t? f' V Nirno 01 _'0(., (Cammon Plea. No. 94-2018 Civil Term _..~ //6(/-.-1 ,appeI1ee(.), to file a complaint In this appeal '.\'c attomey 01 ~ I . (~...., RULE, To A1 pi -; M thv" 'if', < . T a,? . appeIIee(.), ~:; Nwne oIlii#iiOOis} (;- ,~ VI ( 1) You are no~McIthat a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) day. after the date of service of this rule upon"?, by personal .ervice ClI' by certilied ClI' regi.tered moil ' u.> . (2) If you do nann.. a camplaint w~hin this time, a JUDGMENT OF NON PROS WIll BE ENTERED AGAINST YOU, (3) The date of service of thi. rule if .ervice was by moil I. the dote of moiling. \ 01 PIoIhottoIwy '" ~ Date: Apr_ 20. .19--9.4 NJPC 3t2-64 , ,:00 ,.. - ~-~, <, :,J t-tl ,-,)WW"\rJ-Jl,\'(}) Hi:- " PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT, (This proal 0/ service MUST BE FILED WITHIN TEN (10) DA YS AFTE Rilling the nOlice 0/ appeal, Check, applicable bolle.) COUNTY OF COMMONWEALTH OF PENNSYLVANIA t!. WI? 6-Ut IIfMi ;.. AFFI DA VIT: I hereby swear or efflrm thetl served ';d a copy of the Notic.Jl ~f A,P,peal, Common Plees No,94/.:J()/ 8 , upon the District Justice desl,gnated Ihereln on (date o/.ervice) fI1!Jf"~ , 19~, 0 by personal service by certl ed) (r Istered) mell, sender's receipt attached hereto, and upon the appellee, (name) , on .19 n by personal sarvlCo ~bY (cerlilied) registered) mall, sen er's receipt attached hereto, o and lurtherthat I served the Rule to Fllea Complaint accompanying Iheabove Notlceol Appeal upon Iheappellee(s) lowhom the Rule was addressed on ,19_ 0 by personai service 0 by (certified) (registered) mail, sender's receipt attached hereto, Yf~ tL..._, T,u. 01 ol(lcII,1 My commiulon exp' /J-a'S ,'9q~ NOT ^~'Al SCI.l ~ZAB,ErH A. KR~,Nzn. /lorary Public M 'l<Mlc.!ob~rg Uc.r(\, C:..'nlbl'll~nd Co Pa y CommIssion hpirt~ Ot.'(. 25. 1995 . n"" c:'" x.i ;;;u.,:r " 7;.ntt'.i-. ~=-<?~r"" ,,,.r-- "~~.:' ;><:e-CJ_ " .- _..-/U '. 0 :T~ 'H ";;':C")Q'" J'f;)~n '- (-~ ( t'm I..;i::-.. -t :.- ...," -< :cwo ..... ... '" c.n c...J <<=> N ~ '.' ::a: , " ' - u:o ..:. 'j" . ;. , ,....... , Z 088 411 226 ~, Receipt for - .x-- Certified Mail _ No Insuranco Coverage Provided ~U\l=" 00 not usn lor Inlernnlional Mall ISon Roverso) (,.,th..,I.-, '-..... '.t"-,,,, I'.....;!. j.. H,.~l<...lo'.l o.-'~"'~)~ \".. \./ .' ..-~- " /' C') l...'''''',.,......,"'I'.,....,,'''''.....1 g; III ....'",,"... (t;,!" lit".'.".., ~ ., , .- J: 11,"'.H> 11'''-'''1,1 '",,""'."<l h. "i"""" e D.lh'. .1,,<1 A,U"'''''''''' i\'.IJ"",~ ~ $ o C> 00 CO) ~ &. ~ Tl)l;.l l"'~'.H(' & f....~ po~lm,I" or [),Il,-' " I, I ~'." -... '-. .. :~iJ r:~ ~a:-"'-' :11&,:'-:';; ." .. " " . r . Z 088 411 225 ~ Receipt for - A'- Certified Mail _ No Insurance Cover ago Providod a~f.\'~'; 00 "In use for In1emotionol Mull ISee Reventc) d I.....',;. i; 'l. " ! .' ,j; I" ~', . " , ,Jo 'I'" It'" ;'~'I " ~ H.,t.," fI..,,;;l',.,.....''''\ ~ '.. .....!",.< ',:)1'.- I....'..."..., ~-: .,....0./ .c l! ~ o C> 00 CO) ~ &. Ul lL i',,"," f;I"." t'l ~";.~,"(' !" ."'" 11' ,1".1 A,U', '."'" ~ f"l.h"',', ':",'.,I',',U'I" ..I..,.. $f?, Pd',!rl~ I" O' DJW : , -,.- " - ., ... In the Court of Co-.on Pleas of cumberland County Pennsylvania NPI-Management Corporation Agent for society Hill Apartments Plaintiff No. 94-2018 civil Term vs, Michael Kman and Melinda Klnan, his wife Defendants NOTICE TO PLEAD You have been sued in court. If you wish to defend against the cla1lls set forth in the following pages, you IlUSt take action wi thin 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 defense or objections to the claias set forth against you. You are warned that if you fail to do so, the case aay proceed without you and a judgeaent say be entered against you by the court without further notice for any ~ney claimed in the complaint or for any other claim or relief requested by the plaintiff, You may lose money or property or other rights important to you, You should take this paper to your lawyer at once, If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you get legal help. Lawyer Referral Service Cumberland County Court House Court Administrator's Office One Courthouse Square Carlisle, PA 17013 (717) 240-6200 NPI-Management Corporation Agent for Society Hill Apartments By: &.J;A.h-.?: ~vf'14--.. William T. Cochran .. . " In the Court of Co-.on Pleas of cumberland County Pennsylvania NPI-Management Corporation Agent for society Hill Apartments Plaintiff No. 94-2018 Civil Term vs. Michael Kman and Melinda Kman, his wife Defendants COMPLAINT 1, The Plaintiff, NPI-Management Corporation, agent for Society Hill Apartments, is a Corporation organized under the laws of the Commonwealth of Pennsylvania, having its principal place of business at 150 E. Swedes ford Road, Wayne, Chester County, Pennsylvania, and a principal place of business at 2903 Society Hill Drive, Camp Hill, Cumberland County, pa., 17011. 2, At all times relevant, Plaintiff has been authorized to pursue the enforcement of lease obligations against tenants of Society Hill Apartments where it determined that a breach of lease obligations occurred. 3. The Defendants, Michael Kman and Melinda Kman, are adult individuals, whose last known address is 109 Meals Drive, Carlisle, Cumberland County, PA,,170l3. 4, On or about February 12, 1992, the Plaintiff and the Defendants entered into a written apartment lease agreement, whereby Defendants leased from Plaintiff apartment 310, 2903 Society Hill Drive, Camp Hill, Cumberland County, Pennsylvania, 17011 for a period of one (1) year commencing march 1, 1992 and terminating February 28, 1993. A copy of said lease is attached hereto as Exhibit "A" and is incorporated herein by reference, The lease agreement provided for renewal terms for additional periods of one (1) month and so on from month to month requiring sixty (60) days notice from Lessee to terminate the renewal term of the lease. 5, On or about March 1, 1992, the Plaintiff herein " tendered sole and exclusive possession, use and enjoyment of apartment 310, 2903 society Hill Drive, Camp Hill, Cumberland County, Pennsylvania, 17011 to the Defendants herein, pursuant to the terms of Exhibit "A". 6. In derogation and breach of the terms of the lease, specifically paragraphs 1 (c) and 12 thereof, and despite demand the Defendants failed to and refused to pay rent due and owing for February and March, 1994, and late charges for February and March, 1994. 7. By virtue of the aforesaid Defendants' breach of the apartment lease agreement, the Plaintiff has the right under paragraph 12 thereof, to file this suit and to recover as damages for the Defendants' breach, rent due for February, 1994 in the amount of $625.00, rent due for March, 1994 in the amount of $625.00 and late charges for February and March, 1994 in the amount of $30.00, plus interest and all court costs incurred pursuant to the remedies provided under the apartment Lease Agreement. 8. The Defendant did wrongfully violate the terms of said lease agreement and have consistently refused to pay the sums due and owing to the Plaintiff as provided for in the Apartment lease Agreement, Exhibit "A". WHEREFORE, the Plaintiff requests that this Honorable Court enter judgement against the Defendant in the amount of One Thousand Two Hundred and Eighty Dollars ($1280) plus costs of this litigation and interest from February 1, 1994. NPI-Management Corporation Agent for Society Hill Apartments By: !ul~)':- tcr.L..... William T. Cochran f..' .. ~!\;!'::_~I ,t,~ , . , . In the Court of Co..on Pleas of cu.berland County Pennsylvania NPI-Management Corporation Agent for Society Hill Apartments Plaintiff No. 94-2018 civil Term vs. Michael Kman and Melinda Kman, his wife Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the NPI- Management corporation, the Plaintiff in the above captioned matter. NPI-Management Corporation Agent for Society Hill Apartments By: !J,-~ 614L- William T. Cochran -::r en - ::z:: a.. In Of' >-.... .1';. ~... "-;';Y-' UJ t~ .::;) ::. ~...r.t~J':' ;~: ~l~ .t ~:,._~" ...1 0") ,": ....J , ,h' ~ ; I.J j ":'~ >- :a~ C' '."-,:..) ~ ~ -. ., RESIDENTIAL APARTMENT LEASE ~'\'o\b, I (P.rt On. 01 A Thr.. P.rt L....) e, j.." ..' ~ Agent For The Lessor: THIS AGREEMENT, made this ~ day 01 February, A,D, 19~, Between EaUICO REALTY GROUP, hereinafter relerred 10 as Lessor, and Michael and Melinda Kman , heralnafter relerred to as Lessee, 1, (a) WITNESSETH: Lessor agrees to let unto the Lessee the premises known as Apartment Number: 2903 Societv Hill Orive Camo Hill, , Pennsylvania upon the 101l0wlng terms and conditions to Wit: $ 7150.00 (b) Total rent lor the entire term, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . , . , . , , , . , . . . . /j Y- . . b d WITHOUT DEMAND $ SSB. B8 (c) ~dvance monthly payments, to e ma e , , , , .: . , . . , , . . . . . . , , , . . . . , fI~ t.:. (d) Clsh or check to be paid belore possession by Lessee as lollows: ..l- ,,/_ ,.a Advance rent, FIRST MONTH RENT FREE tll . . . . . . Paid $ Due $ N/ A On account olllnal payment 01 rent..""...",.....,.....,...... Paid $ Due $ N/A Security deposit (see par, 1 (I)...".,.,.."..,.,.,.."..."...... pa/a2i.OO Due $ Application lee & credit report.....",....,....,..,.....,....,." Paid $ 15.0lbue $ Totals. Paid to date, .. .. , . .. , .. .. .. , , . .. . .. , , , .. . .. . ..' Paid $ 640.00 Balance due belore possession . . , , . , . , , , , , , , . , , , , , . , . . . , , , , . , , , , . . . , , , , . . , Due $ (e) Adjusted payment 01 rent until regular due date, II any ,..",..,..,.."""......", $ (I) Security deposit, , , , , . . . . , . . . . , . . . , . , . . , . , . . . . , , . , , . . . . , . . . . , . . . . . , . . , . . . , . . .. $ (g) Late charge II rent not paid within grace period ...,...............,...,.,....,..,. $ 15.00 (h) Due date lor each payment: First (1st) day 01 each month, (I) Term 01 this Lease: One (1) Year Ol Commencement date 01 Lease: The 1ST day 01 MARCH ,19 92 . (k) Expiration date 01 Lease: The 2BTH day 01 FEBRUARY, 19 93. (I) LESSEE HEREBY WAIVES NOTICE TO TERMINATE. 68 P.S, Section 250.501. Lessee Is required to give Lessor sixty (60) days notice to terminate, (m) Renewal term II not terminated by either party: One (1) month, (n) Lessee will occupy premises only as a single lamlly residence. (0) Maximum number 01 occupants under this Leese 3 persons. (p) Payments to be made pr=~~due to ~~W~~:t1PI~ll<~~~~~h ~.IlC(SIl>>IlI(>WOXf$IOIl~ lIIXXII. MERIDIAN BANK (seal) MICHAEL . KHAN 1c/ '7 -tf1~ MELINDA KHAN . - iseal) LessorlAgenl Society Hill Apartments 310 17011 N/A -0- -0- 625.00 2. LESSEE HEREBY AVERS; THAT HE, OR HIS ATTORNEY. HAS BEEN GIVEN AN OPPORTUNITY TO READ. THAT HE UNDERSTANDS. AND THAT HE ACCEPTS THIS LEASE, THE RULES & REGULATIONS AND TERMS & CONDI- TIONS ATTACHED HERETO AND MADE A PART HEREOF, ALL OF WHICH ARE TO BE REGARDED AS BINDING AND AS STRICT LEGAL CONDITIONS. Guarantor (seal) . ~;&;:x. '.' iN WITNESS WHEREOF, the parties hereto, Intending to be legally bound hereby, have hereunder set their hands ;;.i5i..~.~ the day and year IIrst above written. , . . :,' Guarantor (seal) .....-..-.-- ....--.... "',-,,,, (seal) (seal) 'PARKING AREAS: .. 24, All vehicles must be registered with the office, Any vehicle not registered with the office will . ~ither be ticketed or towed away at Lessee's expense, 25, All vehicles must have up-to-date Inspection stickers, and license plates and must be In operable condition, Disabled vehicles will be lowed away at vehicle owner's expense, 26, No trucks 01 any kind. boat trailers. recreational vehicles or any vehicles other than passenger cars are allowed 10 be parked by Ihe residents in the parking areas overnight without authoriza- tion 01 the Lessor/Agent. 27, No repairing or dismantling 01 vehicles Is allowed the parking area, 28, No Lessee Is permllled to register and/or park more than two (2) vehicles In the parking area, 29, No washing 01 automobiles In Ihe parking area, TRASH, GARBAGE & RUBBISH 30, ' All trash. garbage & other waste Items will be bagged. tied. and placed In the dumpsters provid- ed lor said purpose, II any. Management will not allow the placing 01 any Items outside the dump- sters (Iurnlture, mallresses. etc,). Any such Items will be removed at Lessee's expense. MAINTENANCE AND SERVICE 31. Service relating to repairs or adjustments should be In writing, and taken or mailed to the olllce. Any emergencies such as heat lallure. plumbing leaks, etc" - CALL THE OFFICE AT 717-l~>>~~l, 975-0996 32, To conserve energy and help hold down maintenance costs, report plumbing SlOP pages, leaks, · dripping laucets and running toilets as soon as possible, ,4fL. 4 /lIJl - ~- ~- ~ ;;4.11<.. - 33. Take all precautions to operate each appliance properly, and keep equipment clean. When Lessee's lease has terminated. and he Is vacating the premises, all appliances must be In good condition and clean, II extensive cleaning Is required, and repair Is necessary, all charges lor /JIJ k service and cleaning will be deducted Irom the security deposit. / l..!:!!!Z... - 34, Each Lessee Is required to make a thorough Inspection 01 the unit and report any problems or necessary repairs at the time 01 occupancy 01 the unit. Forms will be provided lor this pur- pose and must be returned to the office within lorty.elght (48) hours 01 occupancy, Otherwise, It will be presumed that the unit Is In satlslactory condition and any and all repairs will be charg. vI/!/ y ed to the Lessee. /~ - 35, Care lor any lurnlture that Is provided by Lessor Is the sole responSibility 01 the Lessee. Upon surrender 01 unit. the lurniture should be In same condition as when occupancy started, SPECIAL NOTE: THE ABOVE RULES, REGULATIONS AND CONDITIONS WILL BE CONSTRUED AS A FIRST WARNING. ANY VIOLATIONS WILL RESULT IN IMMEDIATE EVICTION PROCEEDINGS, TO INSURE ENFORCEMENT OF ALL ABOVE RULES. REGULATIONS AND CONDITIONS. LESSOR RESERVES THE RIGHT TO MAKE PERIODIC INSPECTIONS AT WILL. IN WITNESS WHEREOF. the parties hereto, Intending to be legally bound hereby, have hereunder set their hands and seals th day and year Indicated on the Lease agreement. . .' ;U 1.<~ p (seal) -........ Le..Q"Agent M~ (seal) (seal) . . TERMS AND CONDITIONS (Part Three Of A Three Part Lease) 1. The Rules and Regulations in regard 10 the building/com, plex wherein the demised premises are located, and to any modilications thereol as may lrom time to time be made by the Lessor, shall be considered a part 01 this lease, and Lessee covenants and agrees that said Rules and Regula, tions. and all modilications thereol, shall be failhlully observ. ed by Ihe Lessee, his guesls endlor invitees. Any violation thereol, by Lessee, his guests and/or invitees. shall be con. strued as a breach 01 a condition 01 said lease resulting in lorleiture 01 possession (eviction). 2. The security deposit specified in Lease Paragreph #1. (I) shall be held by Lessor/Agent as security for the performance of all terms, covenants. and conditions ollhis lease and for the cost of any trash removal, housecleaning, and the cost 01 repairs and/or the correclion of damage (which is, in the opinion 01 the Lessor/Agenl, In excess 01 normal wear and tear); olherwise, the security deposit or any balance thereof shall be returned alter the Lessee has vacated and leltlhe premises in an acceplable condition (Iollowing a personal In. spectlon by Lessor/Agent) and surrendered all keys to the premlses~ lithe Lessor determines that any loss, damage, or injury chargeable to Ihe Lessee hereunder, exceeds Ihe security deposit. the Lessor at its option, may retain the said sum as liquidated damages or may apply the sum against any actual loss, damage, or Injury and Ihe balance thereol will be Ihe responsibility 01 the Lessee. Lessor's determina- tion 01 the amounl, if any, to be returned to Ihe Lessee shall be final. II is further understood and agreed that the said security deposit Is not to be considered as Ihe last paymenl under the lease, however, Ihe righls of the Lessor shall not be hindered 10 retain the security deposit, or a portion thereof, as payment on account of uncollecled rents, if any. No re- tund will be made unless and until Lessee tenders to Lessor, In writing, a forwarding address. 3. lithe Lessee so desires, Lessor, if possible, may make available to Lessee, wilhout charge, a space In the building tor the storage ot goods and ellects of Lessee, In considera, tion of the fact that no extra charge is made for the lurnishlng ot such space by the Lessor, it is understood that Lessor shall not be liable lor loss or damage 10 any stored goods through fire or Iheft or any cause whatever, and Lessee expressly releases Lessor as bailee or otherwise Irom all claims for any such loss or damage, Ills lurther underslood thaI the use 01 slorage space by the Lessee shall be limited to Ihe time of the Lessee's occupancy, and that goods lelt over thirty days alter the expiration 01 Lessee's occupancy may be sold lor storage charges al public or private sale without further notice to Lessee. 4, All rental payments shall be payable without prior notice or demand at the olllce 01 Lessor or Agent as specilled In the lease Paragraph HI (p). 5. Lessee covenants and agrees that he will without demand: (a) Pay the rent, and all olher charges herein reserved as the rent of the days and times and althe place Ihat the same are made payable, withoutlail, and If Lessor shall at any time or times accept said rent or rent charges alter the same shall have become due and payable, such acceptance shall not excuse delay upon subsequent occasions, or constitule or be construed as a waiver of any of Lessor's rights. Lessee agrees that any charge or payment herein reserved, Included, or agreed to be treated or collected as renl and/or any 'cherges, expenses, or costs herein agreed to be peld by the Lessee may be proceeded for and recovered by the Lessor by legal process In Ihe same manner as rent due and In arrears, (b) All rental payments are due and payable on the writen due date as specified In Lease Paragraph HI. (h) of this agreemenl or within I~ys therea!tEtr (grace period) without penally. However, after 5:00 p,m. on the fifth day after due date as aforementioned, any rental payment not paid In lull will be subject to a late charge, Payments not made on or belore 5:00 p.m. on the fillh day after due date, together with late charge, will be referred to a Dlslrict Justice for collection and possession, (c) Keep the demised premises clean and free Irom all dirt and other refuse matter; replace all broken glass In windows, doors, etc.; keep all waste and drain pipes open: repair all damages to plumbing and to the demis- ed premises; in general, keep the same in as good order and repair as they are at the beginning 01 the term olthls lease. reasonable wear and tear and damage by ..... ,...-......... ...-..-.... ~ accidental fire or other casually not occurring through negligence 01 Lessee or those employed by or acting lor Lessee alone expected. The Lessee agrees 10 sur- render the demised premises In the same condition In which Lessee hes herein agreed 10 keep the same dur- Ing Ihe continuance olthis lease. (d) Comply with any requirements of any 01 the con- stituted public authorities, and with the terms of any State or Federal statute or local ordinance or regula- tion applicable to Lessee or his use 01 Ihe demised premises, end save Lessor harmless from penalties, fines, costs or demages resulting from failure to do so, (e) Use every reasonable precaution against fire, ~(I) Peeceably deliver up and surrender possession of Ihe demised premises 10 the Lessor at the expiration or sooner termination 01 this lease, promptly deliver- Ing 10 Lessor at his olllce, all keys for the demised premises, with all trash and personal belongings remov- ed and broom.swept clean. (g) Give to Lessor prompt written notice 01 any acci- dent, lire or damage occurring on or 10 the demised premises, (h) Promptly pay lor electricity, hot water and heat con- sumed In the herein demised premises during the con. tlnuance 01 this lease and should Lessee fall to make these payments when due, Lessor shall have Ihe right to settle therelore, such sums to be considered addi- tional rent and collectible Irom Lessee, As such, Lessor shall have any and all remedies available lor non- payment of rent, Including but nolllmlted 10 lorfelture of the lease (EVICTION), (I) Indemnify and save Lessor harmless Irom any and all loss occasioned by Lessee's breach 01 any 01 the covenants, terms and conditions of this lease, or caus- ed by his lamlly, guests, visitors, agents and employees. 6. Lessee covenants and agrees that he will do none 01 the following things without the consent In writing of Lessor: (a) Occupy the demised premises In any other man- ner or for any other purpose than as above setlorth In Lease Paragraph HI, (n), (b) Assign, mortgage or pledge this lease or under-let or sub-lease Ihe demised premises, or any part thereof, or permit any other person, IIrm or corporation to oc- cupy the demised premises, or any part thereol, nor shall any assignee or sub-lessee assign, mortgage or pledge this lease or such sub-lease, without the ex- press written consent 01 the Lessor, and without such consent no such assignment, mortgage or pledge shall be valid. (c) Place or allow to be placed any stand, booth, sign or show case upon the doorsteps, vestibules or outside walls or pavements 01 said premlsas, or paint, place, erect or cause to be palnled, placed or erected any sign, projection or device on or In any part 01 the premises, In case of the breach 01 this covenant (In ad- dition to ell olher remedies given to Lessor In case 01 breach of any conditions or covenanls 01 this lease), Lessor shall have the privilege of removing said stand, booth, sign showcase, projection or device, and restor- Ing said walls, etc" 10 Ihalr former condition, and Lessee, al Lessor's option, shall be liable to Lessor for any and all expenses so Incurred by Lessor, (d) Make any aile rations, Improvements, or additions 10 the demised premises. All alleratlons, Improvements, additions or IIxtures, whether Installed before or after the execution of this lease, shall remain upon the premises at the expiration or sooner determination of this lease and become the property 01 Lessor, unless Lessor shall, prior to the determination of Ihis lease, have given written notice to Lessee to remove Ihe same, in which event Lessee will remove such allera. tions, improvements and additions and restore the premises to the same good order and condition In which they now are. Should Lessee lailto do so, Lessor may do so, collecting. al Lessor's option, the cosl and expense thereof lrom Lessee as additional rent. " (e) Use or operate any machinery that, In Lessor's opi. nion, is harmful to the building or disturbing 10 other tenants occupying other parts thereol. (I) Place any weights in any portion of the demised premises beyond the safe carrYing capacity 01 the structure. (g) Do or suffer to be done, any ect, matter or thing ob. jectionable 10 Ihe Lessor's insurance companies, whereby the Lessor's insurance or any other insurance now in lorce or herealler to be placed on the demised premises, or any part thereol, or on the building of which Ihe demised premises may be a part, shall become void or suspended, or whereby the seme shall be rated as a more hazardous risk than at the date of execution 01 this lease, or employ any person or per- sons objectionable 10 the fire Insurance companies or have benzine, kerosene or other explosive matter of any kind In and about the demised premises, In case of a breach 01 this covenant (in addition to all other remedies given 10 Lessor In case 01 breach of eny of the conditions or covenants of Ihis lease) Lessee agrees 10 pay to Lessor as additional renl any and all Increase or Increases 01 premiums on Insurance car- ried by Lessor on the demised premises, or any part thereof, or on the building 01 which the demised premises may be a part, caused in any way by the oc. cupancy 01 Lessee, (h) Remove, attempt to remove or manlIest an inten- tion 10 remove Lessee's goods or property from or out of the demised premises otherwise than In the ordinary and usual course of business, without having first paid and satisfied Lessor lor all rent which may become due during the entire term of this lease, (I) Vacate or desert said premises during the term of this lease, or permit Ihe same 10 be empty and unoccupied, 7, The Lessee agrees that II, with the permission in w.riting of Lessor, Lessee shall vacate or decide at any time during the term of the lease, or any renewal thereof , to vacate the herein demised premises, prior to the expiration of this lease, or any renewal hereol, Lessee will nol cause or allow any agenl to represent Lessee in any sub.lettlng or relettlng 01 the demised premises other than an agent approved by the Lessor, and that should Lessee do so, or attempt to do so, that Lessor may remove any signs that may be placed on or about the demised premises by such other agent without any liability to Lessee or to said agent, the Lessee assum- Ing all responsibility for such action, 8, Lessee covenants and agrees Ihat Lessor shall have the right to do the following things and matters in and aboutlhe demised premises: (a) At all reasonable times by' himself or his duly authorized agents to go upon the and Inspect the demised premised and every part thereof, and/or at his option to make repairs, alterations and additions to the demlsd premises or the building of which the demised premises Is a part. (b) At any time or times and from time to time make such rules and regulations as In his judgement may from time to time be necessary for the safety, care and cleanliness of the premises, and for the preservation of good order therein. Such rules and regulations shall, when notice thereof is given to Lessee, form a part 01 this lease, (c) To display a "For Sale" sign at any time, and also, aller notice Irom either party of intention 10 determine this lease, or et any time prior to the expiration of this lease, a "For Rent" sign, or both "For Rent" and "For Sale" signs: and all 01 said signs shall be placed upon such part of the premises as Lessor may elect and may contain such matter as Lessor shall require. Prospec- tive purchasers or tenants authorized by Lessor may Inspect the premises Monday through Saturday bet. ween the hours of 11 :00 a.m. and 8:00 p.m. 9 . (a) In the evenl that the demised premises is totally destroyed, or so damaged by fire or other casualty, not occurring through fault or negligence of the Lessee, or those employed by or acting for him, that the same can- not be repaired or restored within a reasonable time, rent shalt abate for the balance 01 Ihe term, (b) II the damage caused as above be only parlial and such that the premises can be reslored to thell former conditIOn Within a reasonable time. the Lessor may. at its option, restore the same WIth reasonable pro. mptness, reserving the right to enter upon the demis- ed premises for that purpose. The Lessor also reserves Ihe right to enter upon the demised premises whenever necessary to repeir damage caused by fire or other casualty to the building of which the demised premises is a part, even Ihough Ihe effect 01 such entry be to render the demised premises or a part thereof untenan- table, In either event the rent shall be apportioned and suspended during the time the Lessor is In possession, taking Into account the proportion of Ihe demised premises rendered untenantable and duration 01 the Lessor's possession, II a dlspule arises as 10 the emounl 01 rent due under Ihls clause, Lessee agrees 10 pay the full amount claimed by Lessor, Lessee shall, however, have the rig hI to proceed by law to recover the excess payment, If any, (c) Lessor shall not be liable for any damage, compen- sation or claim by reason 01 Inconvenience or an- noyance from Ihe necessily of repairing any portion of the building, the Interruption in the use 01 the premises. or the termination of this lease by reason 01 the destruc- tion of the premises, 10, The Lessor has let the demised premises in their pre. sent condition and without any representations on the part of the Lessor, his officers, employees, servants and/or agents, It Is understood and agreed thatlhe Lessor Is under no duty to make alterations al the time of letting or at any time therealter, 11, (a) No contract entered Into or that may be subsequent- ly entered into by Lessor with Lessee, relative to any alterations, additions, improvements or repairs, nor the failure of Lessor to make such alterations, additions, improvements or repairs as required by any such con- tract, nor the making by Lessor or his agents contracts of such alterations, additions, Improvements or repairs shall In any way affect the payment of the rent, elec- Iric or said other charges at the time specllled In this lease, (b) It Is hereby covenanted and agreed, any law, usage or custom to the contrary not withstanding, that Lessor shall have the right at all times 10 enforce the covenanls and provisions of this lease In slrlct accordance wllh the terms hereof, notwithstanding any conduct or custom on the part 01 the Lessor In refraining Irom so doing at any time or times; and further, that the laUure 01 Lessor at any time or times to enforce Its rights under said covenants and provisions strictly In accordance with the same not be construed as having created a custom In any way or manner contrary to the speclllc terms. provisions and covenanls 01 this lease or as hav- Ing In any way or manner modllled the same, (c) In Ihe event of the failure 01 Lessee promptly to per- form the covenants 01 Paragraph 115, (c) hereof, Lessor may go upon the demised premises and perform such covenants, the cost thereof, at the sole option of Lessor, to be charged 10 Lessee as additional and delinquent rent. 12. II the Lessee: 4~ (a) Does nol pay In lull when due any and alt In- stallments of rent and/or any other charge or payment herein reserved. Included, or agreed to be treated or collected as rent and/or any other charge, expense, or cost herein agreed to be paid by the Lessee; or (b) Violates or fails to perform or otherwise breaks any condition, covenant or agreemenl herein contained; or ("\ I...... (c) Vecates the demised premises or removes or at- tempts to remove or manllests an intention to remove any goods or property therefrom otherwise than In the ordinary and usual course of business without having first paid and safisfied the Lessor in lull for all rent and other charges then due or that may therealter become due until the expiration of Ihe Ihen current term, above mentioned; Ihen in either 01 these events, Lessor shall have all cumulative remedies under equity and the law Including, but not limited to: (1) B"ng an aclion in assumpsit lor rent In 81' rears. 68 P S. Section 2503019. .- " , -.' (2) Recover interest al the legal rate. 41 Pa. C.S,A. Section 202. (3) Bring an aclion in assumpsil for damages caused by a breach 01 a coven anI or condi. tion in the lease. (4) Bring an action lor Possession. 68 P.S. Sec. tion 250.501 et seq. This lease and the term hereby created shall delermine and become absolulely void withoul any right on the part of Lessee to save the forfeiture by payment 01 any sum due or by other performance of any condilion, term, or covenant broken; whereupon, Lessor shall be enlitled to recover damages for such breach in an amounl equal 10 the amounl of rent reserved for the balance of the term of this lease, 13, In the event 01 any default as aloresaid, the Lessor, or anyone acling on the Lessor's behall, at Lessor's option: (a) May lease said premises or any part or parts thereof to such person or persons as may in Lessor's discre- tion seem besl and Ihe lessee shall be liable lor any loss of renl'or the balance o'the then current lerm. (b) Any re-enlry or re-Iettlng by Lessee under the terms hereof shall be without prejudice to Lessor's claim for damages and shall under no circumstances release Lessee from liability lor such damages arising out o' the breach of any 01 the covenants, lerms and condi- lions 01 this lease, 14, All of the remedies hereinbelore given 10 Lessor and all rights and remedies given to it by law and equity shall be cumulative and concurrent. No determination of this lease or the taking or recovering of the premises shall deprive Lessor of any o' its remedies or action lor rent or breach 01 covenanl, or the resort to any olher remedy herein provided lor the recovery o' rent be construed as a waiver of the right to obtein possession of the premises, 15, This Agreement 01 Lease and all of its terms, covenants, and provisions are and each of them is subject and subor- dinate 10 any lease or other arrangement of righlto posses- sion, under which the Lessor Is In control of Ihe demised premises, 10 the righls 01 the owner or owners of Ihe demis- ed premises and 01 the land or buildings of which the demised premises are a part, to all rights of the Lessor's landlord and to any and all mortgages and other encumbrances now or thereafter placed upon the demised premises or upon the land and/or buildings containing the same; and Lessee ex- pressly agrees that if Lessor's tenancy, conlrol, or right to possession, shall terminate either by expiration, forfeiture, or otherwise, then this lease shalllhereupon Immedialely ter- minate and the Lessee shall, thereupon, give immedlale possession and Lessee hereby waives any and all claims lor damages or otherwise by reason of such termination as aforesaid, 16. In the event that the premises so demised or any part thereof Is taken or condemned for a public or quasi. public use, this lease shall, as 10 the part so taken, terminate as of the date title shall vest In the condemnor, and renl shall abate In proportion 10 the square feet of lease space taken or condemned or shall cease If Ihe enlire premises be so taken, In e,ither event the Lessee waives all claims against the Lessor by reason 01 the complete or partiel taking of the demised premises, and It Is agreed that the Lessee shall not be entitled 10 any notice whatsoever of the partial or com- plete termination of this lease by reason of the aforesaid. t 17, it Is hereby mutually agreed Ihat either party herelo may determine this lease at the end 01 the said term by giving to the other party prior written notice thereof in accordance with Lease Paragraph #1 (1), but In default of such notice, this lease shall continue upon the same terms and condl. tlons In force Immediately prior to expiration of the term hereol as are herein contained lor a further period as specified In Paragraph #1. (01), and so on Irom renewal 10 renewal unless or untillerminalion by either party herelo, glv. Ing Ihe other Ihe alorementioned written notice for renewal previous to expiration of the then currenl term: PROVIDED, however, that should this lease be continued lor a further period under the lerms hereinabove mentioned, any allowance given Lessee on Ihe rent during Ihe original term should not exceed beyond such original term, and lurther provided, however, that if Lessor shall have given such writ. ten notice prior to Ihe expiration of any term hereby created. 01 its inlention to change the terms and conditions of Ihls lease and Lessee shall not withm Ihlrty days from such notice notlly Lessor of Lessee's inlenlion to vacate lhe demis, ed premises al the end of the then current term, Lessee shall be considered as Lessee under the terms and conditions mentioned in such nolice for a further term as above provid- ed, or for such lurther term as may be stated in such notice. In the event that Lessee shell give nolice, as slipulated in this lease, or inlenlion to vacate the demised premises at the end 01 the present lerm, or any renewal or extension thereol, and shall fall or refuse so to vacate the same on the date designated by such notice then il is expressly agreed Ihat Lessor may regard the nolice so given as having no ef- fect, in which case all other terms and conditions of this lease shall continue thereaiter with full force precisely as If such notice had not been given. All powers granted to Lessor by this lease may be exercised and all obligations Imposed upon Lessee by this lease shall be performed by Lessee as well during any extension 01 the original term of Ihls lease as dur- Ing the original term itself. 18, If Lessor is unable to give Lessee possession of the demised premises, as herein provided, by reason 01 the holding over 01 a previous occupant, or by reason of any cause beyond the control of the Lessor, Ihe Lessor shall nol be liable in damages 10 the Lessee therelor, and during the period that the Lessor Is uneble 10 give possession, all rig hIs and remedies of both parties hereunder shall be suspended. 19. Lessee agrees to pay as additional rent any and all sums which may become due by reason of the 'ailure of Lessee to comply with any of the covenants of this lease and any and all damages, costs and expenses which the Lessor may suffer or incur by reason of any default of the Lessee 'or failure on his part to comply with Ihe conditions and covenants ollhls lease, and also any and all damages to Ihe demised premises caused by any act or neglecl 01 the Lessee, his guests, agents, employees or other occupants of the demised premises. 20. Lessee agrees to relieve Lessor from all liabilities by reason of injury or damage to any person or property in the demised premises, no matter from what cause, unless said Injury or damage was directly caused by or results Irom Ihe negligence of Lessor, Lessee also agrees to relieve Lessor from all liability by reason 01 Injury or damage arising Irom the use or misuse of the demised premises or by and on ac. count of any physical condition which may exist upon Ihe premises al any time or on the sidewalk, parking area and/or areas adJacent thereto, no matter Irom what cause, unless such Injury or damage, use or misuse, Is caused by or results from the negligence of Lessor, PROBLEMS EXISTING ON THE DEMISED PREMISES, OR AREAS ADJACENT THERETO, WHICH COULD RESULT IN BODILY INJURY OR DAMAGE MUST BE REPORTED TO LESSOR IN WRITING BY LESSEE OR LESSEE CANNOT CLAIM NEGLIGENCE ON THE PART OF THE LESSOR. @ 21, In the event Lessor Is required to employ an attorney to .\'1 enforce any or all of its rlghls under the lerms 01 this lease, "+:; or the addendums thereto, Lessee hereby agrees to pay any and all reasonable costs Incurred by Lessor In employing said attorney as well as applicable court costs, U2' In the event Lessee fails to pay renl when due lor two ~ (2) consecutive months or three (3) times In a twelve (12) T- month period, it shall be construed as a breach of a condi- tion of the lease thereby giving Lessor any and all rights In, ident thereto, n3' All notices required 10 be given by Lessor to Lessee shall be sufficiently given by leaving the same upon Ihe demised premises, but notices given by Lessee 10 Lessor must be given by certified mail, and as against Lessor, the only ad- 'I mlssable evidence that notice has been given by Lessee shall LJ2e...a certified return receipt signed by Lessor or his agent. 24. The Lessor shall have Ihe right, at all times, 10 enforce any or all the covenants and provisions of this lease, not- withstanding the failure of the Lessor at any previous time, or times, to enforce his rights under any of the covenants and provisions of this lease. 25. The word "LESSOR" as used herein, shall include the Owner and the Landlord, whether Person, Firm or Corpora. tlon, as well as the Heirs, Executors, Admlnislrators, Suc. cessors and Assigns each of whom shall have the same rights, remedies, powers, privileges and obligations as though he, she, it or they had originally signed this lease as Lessor, including the right to proceed in his, her, its, or their own name to enter judgment by confession, or otherwise. The word "LESSEE" as used herem, shall include Tenant, whether Person. Firm or Corporation, as well as the HeIrs. Executors. Administrators. Successors and ASSigns. '. ... jlach q/whom shall have the same rights, remedies, powers, privileges, and shall have no other liabilities, righls. privileges or powers Ihan he, she, It or they would have been under or possessed had he, she, It or they originally signed Ihis lease as Lessee, 26, Ills expressly underslood and agreed between the par- ties herelo Ihatthe herein named egent, his salesmen and employees or any officer or partner of agent end any cooperating broker and his salesmen and employees and any officer or partner 01 the cooperating broker are acting as agenl only and will In no case whatsoever be held liable eilher Jointly or severally 10 either party lor the perlormance of any term or covenant ollhls agreement or lor damages for the nonperformance thereof. 27, All rights and liabilities herein given to, or Imposed upon. or waivers 01 the respective parties herelo shall exlend to and bind the several and respective heirs, executors, ad- mlnlslrators. successors and assigns of said parties; and If there shall be more than one Lessee, they shall all be bound jointly and severally by the terms, covenants and agreements herein, and the word "LESSEE" shall be deemed laken to mean each and every parson or party mentioned as a Lessee herein, be the seme one or more; and If the terms 01 this lease may be given by or to anyone thereol, and shall have the same lorce and effecl as II given by or to allthereol, No rights, however. shall Inure to the benefll of any assignee of Lessee unless the assignment of such assignee has been approved by Lessor In writing as aforesaid, 28, The Lessor and Lessee hereby agree Ihalthls lease sets forth all promises. agreements, conditions and understan. dings between the Lessor, or his Agent, and the Lessee relative to Ihe demised premises, and that there are no pro- mises, agreements, conditions or underslandings, either oral or written, between them other Ihan as are set lorth, and any subsequent alteration, modification, amendment, change or addition 10 this lease shall not be binding upon the Lessor or Lessee unless reduced to writing and signed by each, 29, It any section, subsection, senlence, clause, phrase, or requlremenl of this lease Is contrary to law or laws subse- quently enacIsd, or should be lound contrary 10 laws during the term or any renewal or extension thereol, Ihe validity of the remaining portions shall not be affected thereby, 30. This lease Is entered Inlo by Lessor on the basis 01 the representattons conlalned In Lessee's rental application which Is made a part 01 the lease as though set forth In lull herein, In the evenl any representations contained In said application shall be lound to have been false, misleading, and/or Incorrect, Lessor shall have the right to lermlnale this lease and to lorfelt Lessee's possession as though a condi- tion 01 said lease had been breached. IN WITNESS WHEREOF, the parties hereto, Inlendlng to be legally bound hereby, have hereunder set their hands and seals the da and year first above written. eal) ;t~ 1-. J.---- ,."" / - Guarantor (seal) Guarantor (seal) . Lessor/Agent (seal) Lessor/Agent (seal) . - t._., -~ .' Zn the Court of Co..on Pleas of cumberland county Pennsylvania NPI-Management Corporation Agent for Society Hill Apartments plaintiff No. 94-2018 ci vil Term vs. Michael Kman and Melinda Kman, his wife Defendants CERTIFICATION OF SERVZCE This is to certify that in this case, complete copies of all papers contained in Plaintiff's Complaint, pursuant to Pa. R.C.P. No. 440, were served upon all unrepresented, parties by First Class Mail on May 12, 1994. Specifically, the following persons were served in the following manner: First Class Mail Michael Kman Melinda Kman 109 Meals Drive Carlisle, PA. 17013 NPI-Management Corporation Agent for Society Hill Apartments Date: S-I2~1'1 By: tJJt.,;.... v: tdu.- William T. Cochran NPI-Management Corporation In the Court of Common Pleas of Cumberland county Verification william T. Cochran, being duly sworn according to Law, deposes and says that he is a property manager for NPI- Management Corporation, agent for Society Hill Apartments and as such is authorized to make this verification on its behalf; and that the facts set forth in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa. C. S. 4904 relating to unsworn falsification to authorities. 0~'rtL_ William T. Cochran , . , NPI-Management corporation Agent for society Hill Apartments Plaintiff v. Michael and Melinda Kman Defendants . I . . . . . . . . . . . . . . . . . . . . : Court of Common Pleas Cumberland county No. 94-2018 civil Action Jury Trial Demanded ADswer and New Matter of Miohae1 and Melinda ..an To Plaintiff's ComD1aint And now comes defendants Michael and Melinda Kman, representing themselves, and hereby responds to plaintiff's complaint as follows: 1. Denied. After reasonable investigation, answering defendants are without sufficient information to form a belief as to the truth of the allegations contained in said paragraph of plaintiff'S complaint and accordingly, said paragraph is denied. strict proof thereof, is demanded at the time of trial, if relevant. 2. Denied. The lease was signed by defendants on February 12, 1992 at which time the lessor was Equico Realty Group. (Plaintiff's Exhibit "A") 3. Admi tted. 4. Admitted in part; denied in part. It is admitted that defendants leased apartment 310, 2903 Society Hill Drive, Camp Hill, Cumberland County, Pennsylvania, 17011 for a period of one year commencing on March 1, 1992 and terminating February 28, 1993. It is denied that defendants entered into written agreement with plaintiff's. It is specifically denied that the , lease required sixty (60) days notice from defendants to terminate the renewal term. 5. Denied. The plaintiff's did not tender possession of said premises to the defendants on March 1, 1992. When plaintiff's did tender said premises to defendants, they did not do so pursuant to the terms of plaintiff's Exhibit "A". 6. Admitted in part; denied in part. It is admitted that defendants failed and refused to pay rent for February and March, 1994. It is denied that defendants breached the terms of the lease, it is also denied that the said rents were due or owing, since it is the defendants contention that plaintiff's breached the terms of the lease before February 1, 1994 and thus voiding said lease. 7. Denied. By virtue of the aforesaid answer contained in defendants 6. 8. Denied. By virtue of the aforesaid answer contained in defendants 6. New Matter 9. The answers to the preceding paragraphs are incorporated by reference in their entirety. 10. Plaintiff's made material misrepresentations during the application process voiding ab initio at the defendants election, the lease in question. 11. Plaintiff's breached the terms of the lease on .. six (6) occasions prior to February 1, 1994. This breach will result in civil action brought by defendants in the form of counter-suit or new action. 12. Plaintiff's breached the terms of the lease on three (3) occasions after February 1, 1994. This breach will result in new civil action brought by defendants. 13. On or about March 30, 1994, the plaintiff's violated defendants civil rights, depriving them liberty and the pursuit of happiness, and causing them severe emotional distress. 14. At an unknown time prior to March 29, 1994, the plaintiff's breached the terms of the lease and violated the defendants civil rights, causing severe emotional distress and potentially fatal physical harm. Respectfully submitted, Michael and Melinda Kman By: ~'bWi!~~'- M hael J. an, . By: ~/Z Me nda . Kman Date: 4..~ %-1., ~ /f'~r .'-' "'7'"""","'"~",,~... ",,~,.,__,....,~._ '" V E R I FIe A T ION The undersigned verifies that he/she are the defendants in the within action; that they are familiar with the facts set forth in the foregoing Answer and New Matter of Michael Kman and Melinda Kman to plaintiff's Complaint and that same are true and correct to the best of his/her knowledge, information and belief and that he/she makes this statement subject to the penalties of 18 Pa. C.s. section 4904 relating to unsworn falsification to authorities. ~~'4~~#- hael J. K n, . {&1....r ~,/?'7r,/ Da e ~~~ Mel a . Kman --?/P7 ~~;, I?f~ Dated ' . . .",_.,.,....- a; - >: ,.... ..i!~.~~'"~ ,~ ~C ~) :~; ~:: "-I'.. . . , ".. )... .' ~ ~ III =t:: Co... "" ",j -::r ~- C......, >- -r = ~ '. In the Court of Co..on Pleas of Cumberland County Pennsylvania NPI-Management Corporation Agent for Society Hill Apartmente Plaintiff No. 94-2018 ve. Civil Term Michael Kman and Melinda Kman, his wife Defendante ANSWER TO NEW MATTER 10. Denied. The apartment Lean Agreement, Exhibit "A", contains all promises, agreemente, conditione and underetandinge between the Lessor, or his Agent, and the Lessee relative to the demised premises, and that there were no promises, agreemente , conditione or understanding either oral or written, between the parties other than ae were set forth in the Lease Agreement or subsequent alternation and modification, amendment, change or addition to the Lease that was reduced to writing and aigned by both parties. 11. Denied. Anewering Plaintiffs are without sufficient information oral or written to form a belief as the truth of the allegations contained in said paragraph of Defendant'a Answer and New Matter to Plaintiff's Complaint and accordingly, aaid paragraph is denied. Strict proof thereof, is demanded at the time of trial, if relevant. 12. Denied. By virtue of the aforesaid answer contained in Plaintiff's 11. 13. Denied. By virtue of the aforesaid answer contained in Plaintiff's 11. 11, 14. Denied. By virtue of the aforesaid answer contained in Plaintiff's Respectfully Submitted NPI-MANAGEMENT CORPORATION Agent for Society Hill Apartments By. 4'A,t/-u; 7" ~ William T. Cochran , " I.:~ '"""~^''''~'''''''''l'-/'"iI&.~ , .. . In the Court of Common Pleas of Cumberland County Pennsylvania VEIlIFICATION William T. Cochran, being duly sworn according to Law, deposes and says that he is a Property Manager for NPI-Management Corporation, agent for Society Hill Apartments and as such is authorized to make this verification on its behalfl and that the facts set forth in the foregoing Answer to New Matter of Michael Kman and Melinda Kman to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa. C.S. 4904 relating to unsworn falsification to authorities. h~~y;-~ William T. Cochran -:r ,- en ,. - " . " :c .. ., 0_ .,' ,. !'O d J" ~ '. " ;r. . ;.":) ~.~-l ~. I. ~.__ ,. \ NPI-HANAGBMENT CORPORATION AGENT FOR SOCIETY HILL APARTMBN'l'S Pla:Lnti~~ : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA . . . . : No. 94-2018 : v. . . . . MICHAEL J. KHAN, JR. and MELINDA M. KHAN . . . . . . . . De~endants . . PRABCIPE To the Prothonotary: Please enter De~ault Judgment in the above-captioned matter in accordance wi th the APPLICATION FOR BNTRY OF DEFAULT JUDGMENT. Respect~ully submitted, BY: Mic ael J. KIll , 109 Meals Drive Carlisle, Pennsylvania 17013 (717) 243 -4321 ;!;.'t~: '~('f .~',:t'_ ".. - ;, NPI-MANAG1fMBN7' CORPORATION AGENT FOR SOCIBTY' HILL APARTMBN'I'S : COURT OF COMMON PLBAS : CUMBBRLAND COUNTY', PA . . . . Plaintiff : No. 94-2018 . . v. . . HICHABL J. KHAN, JR. and NBLINDA M. KHAN . . . . . . . . . . Defendants . . APPLICATION FOR BJlTJZr OF DBFAULT .~ Defendant/Counter-Plaintiff's, JaCllAKL AND JlBLIJIlDA laIAN, applies to tbe Court to enter default judgment in favor of tbe Defendant/Counter-Plaintiff's and against Plaintiff/Counter- Defendant, BPI-JIANlIrnnnntT COR.PORATION - AGBNT FOR SOCIB'lT BILL APA.R2'JfEl\r.l'S, for tbe COUN7'BRCLAIM filed in tbe above-captioned matter. Tbis application is made on tbe following grounds: 1. Plaintiff/Counter-Defendant's brougbt COMPLAINT, DR # LT- 0000084-94, to District Justice 09-1-01 on Marcb 8, 1994. 2. Plaintiff/Counter-Defendant's received Judgment in absentia of Defendant/Counter-Plaintiff Micbael J. KIlIan, Jr., Marcb 23, 1994. 3. Defendant/Counter-Plaintiff's filed NOTICB OF APPBAL, APOC 312-84, on April 20, 1994. 4. Plaintiff/Counter-Defendant's filed COMPLAINT, 94-2018, on May 12, 1994. -1- 12. Defendant/Counter-Pla:1.ntiff's filed a CERTIFICATB OF SERVICE, of the 10 DAY NOTICE OF DBFAULT, on September 29, 1994. .,. ~ 5. Defendant/Counter-plaintiff's filed ANSWER AND NEW MATTER to Plaintiff's complaint on May 27, 1994. 6. Plaintiff/Counter-Defendant's filed ANSWER TO NEW MATTER on June 20, 1994. 7. Defendant/Counter-Plaintiff's filed COUNTERCLAIM on September 6, 1994 and Verification thereto on September 9, 1994. 8. Defendant/Counter-Pla:l.ntiff's filed PROCEDURAL OBJECTIONS on September 12, 1994. 9. Plaintiff/Counter-Defendant's filed an ANSWER TO PROCEDURAL OBJECTIONS on September 26, 1994. 10. Plaintiff/Counter-Defendant filed an ANSWER TO COUNTERCLAIM, Count I - Paragraphs 1 through 11, on September 26, 1994. Plaintiff/Counter-Defendant's failed to file an ANSWER TO COUNTERCLAIM, Counts II and III - Paragraphs 12 through 15. 11. Defendant/Counter-Pla:l.ntiff's filed a 10 DAY NOTICE OF DEFAULT on September 28, 1994. 13. Defendant/Counter-Plaintiff's served plaintiff/Counter- Defendant's with a letter on september 29, 1994, citing Plaintiff/Counter-Defendant's failure to completely answer COUNTERCLAIM. -2- Respectfully submitted, BY: ,jl~1 -. L<C:\. . ~hael J~~' ~ Defendant/Counter-plaintiff, Pro Se 109 Meals Drive Carlisle, Pennsylvania 17013 (717)243-4321 ", " 14. At no time has the plaintiff/Counter-Defendant's filed a cOIIIplete ANSWER TO THE COUNTERCLAIM. 15. The plaintiff/Counter-Defendant's being duly served and notified of the contents of the COUNTERCLAIM, and failing to file a response to Counts II and III are in default, and judgment in favor of the Defendant/Counter-Plaintiff's and against the plaintiff/Counter-Defendant's is timely and proper. WHEREFORE, the Defendant/Counter-Plaintiff's requests the Court to enter default judgment, for COUNTERCLAIM Counts II and III, in favor of the Defendant/Counter-Plaintiff's and against the plaintiff/Counter-Defendant's, NPI-HANAGEHENT CORPORATION - AGENT FOR SOCIETY HILL APARTHENl'S, in an amount to be detezmined at a hearing to be scheduled by the Court. -3- ... ~ VERIFICATION Tbe language o~ tbe ~oregoing document is tbat o~ my own, I bave read and drafted tbe foregoing document and it is true and correct to tbe best of my knowledge, information and belief. I understand tbat any false statements made berein are subject to tbe penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to autborities. Date: 1~/13Irt+ , By: ~J1#d ~ N. cbael J. an, " 1"'\..'- ...... CERTIFICATE OF SERVICE I, H:Lchael J. ./Qnan, Jr., cert:Lfy that a true and correct copy of the APPLICATION FOR ENTRY OF DEFAULT JUDGNEN7' was served upon the follow:Lng by plac:Lng the same :Ln the Un:Lted States ma:Ll, postage prepa:Ld and addressed to the addresses belowl tb:Ls 13th day of October, 1994: NPI-Hanagement Corporat:Lon Agent for Soc:Lety H:Lll Apartments c/o W:Lll:Lam T. Cochran 150 East Swedes ford Road Wayne, Pennsylvan:La 19087 Byi~1~9J i-~. cbael J. an, . Pla:Lnt:Lff, Pro Se 109 Heals Dr:Lve Carl:Lsle, PA 17013 1~ *1 I~ ~ "'" ~ \" <> - a; 1 ,- ~'-J - - , *- - " '--\ Cl ~ -- ~ .. (;:) c--J ~ -~ ~ -;.:- - n' ...... ~ - <-> = " ..-.... . . , NPI-MANAGBNBNT CORPORATION AGENT FOR SOCIETY HILL APARTMENTS Plaintiff : COURT OF CONNON PLEAS : CUMBERLAND COUNTY, PA . . . . : No. 94-2018 . . v. : CIVIL TRIAL : JURY TRIAL DEMANDED MICHAEL J. KHAN, JR. and IIBLINDA M. KHAN . . . . . . . . Defendants . . COUNTBRf'r.lI. TJI The Defendant's, Michael J. 1OIJan, Jr. and Melinda M. 1OIJan, for their counterclaim against the Plaintiff/Counter-Defendant, NPI-Management Corporation-Agent for Society Hill Apartments, avers as follows: 1. Plaintiff filed a complaint, LT-84-94, with District Magistrate Charles A. Clement, Jr. and subsequently was awarded a judgement in the amount of One Thousand Three Hundred Ninety- eight dollars and zero cents on March 23, 1994. 2. Plaintiff and Defendants were issued AOPC 315-93 outlining the above mentioned judgement and the terms of Appeal. 3. Defendants/counter-plaintiff's filed an Appeal of said judgement on April 20, 1994 with a date of service of April 20, 1994 by placing in the same in the U.S. Mail, Certified. 4. Plaintiff/counter-defendant filed a complaint under the above-captioned matter on May 12, 1994. 5. Defendants/counter-plaintiff's filed their Answer and New Matter on May 27, 1994. .- ...'"'~~ . 6. On or about March 25, 1994, Defendants notified plaintiff's of their intent to file for an Appeal on said judgement. 7. On or about March 30, 1994, Plaintiff/counter-defendant sent maintenance personnel to 2903 Society Hill Drive, Apartment #310 to collect the above mentioned judgement. 8. The representative of NPI-Management and Society Hill Apartments at all times acted with full authority, approval and direction of NPI-Management and Society Hill Apartments. 9. At the meeting averred in #7, only Mrs. Kman and her two small children were present. The representative of Society Hill Apartments entered defendants apartment and proceeded to shout at, slander, intimated, degrade and threaten Mrs. Kman. 10. Mrs. Kman contacted Mr. Kman with the representative inside 2903 Society Hill Drive, Apartment #310. Mr. Kman spoke to the representative via telephone and requested he leave the premises at once. 11. Defendants/counter-plaintiff's contacted the Lower Allen Police department and were subsequently visited by two Lower Allen patrolmen who proceeded to file a report. ~FORE, defendants and counter-plaintiff's, MICHAEL J. KHAN, JR., and MELINDA M. KHAN, demands judgement in their favor and against the plaintiff/counter-defendant, NPI-MANAGEMENT, in the amount of $250 in compensatory damages and punitive damages in such amount as will adequately punish the plaintiff/counter-defendant and deter them from condoning like conduct in the future and for such other relief the court deems appropriate. -2- - . 12. The avennents of paragraphs 1 through 11 above are incorporated herein by reference as if fully set forth. 13. Plaintiff has failed to refund or as an alternative give proper credit against the above mentioned judgement for the Security Deposit pdd by Defendants. (See Plaint:Lff Exhibit "A") HHEREFORE, defendants and counter-plaintiff's, MICHAEL J. KHAN, JR., and MELINDA M. KHAN, demands jUdgement in their favor and against the plaintiff/counter-defendant, NPI-HANAGEHEN7', in the amount of $625 plus interest as outlined in Plaintiff's Exhibi t "A" and for such other relief as the court deems appropriate. 14. The avennents of paragraphs 1 through 13 above are incorporated herein by reference as if fully set forth. 15. Plaintiff overcharged defendants $112.50 in late fees according to a Lease agreement. (See plaintiff Exhibit "A"). NHEREFORE, defendants and counter-plaintiff's, MICHAEL J. KHAN, JR., and MELINDA M. KHAN, demands jUdgement in their favor and against the plaintiff/counter-defendant, NPI-HANAGEHEN7', in the amount of $112.50 plus interest and for such other relief the court deems appropriate. Defendant/Counter-plaintiff demands trial by jury. Respectfully submitted, Date: ,~(,.1191 ~~1;fJ7-~~ . 109 Meals Drive CarliSle, Pennsylvania 17013 717-243-4321 Defendant's/Counter-plaintiff Pro Be -3- h.....'...-:.,"".. . ""-"'~"""_ . .. , CERTIFICATE OF SERVICE I, Michael J. Kman, Jr., for Defendant's/Counter-plaintiffs herein, state that I have caused to be served a true and correct copy of the attached Counterclaim upon the Plaintiff/Counter-defendant, at the address listed below, by the same being placed in the U.S. Mail, Certified-Return Receipt Requested addressed to the following; this 6th day of September, 1994: NPI-Managemet Corporation Agent for Society Hill Apartments c/o William T. Cochran 150 East Swedesford Road Wayne, Pennsylvania 19087 By 7Jf;Juel ~-~ Michael J. K an, Jr, 109 Meals Drive Carlisle, PA 17013 a; - ~ N '" e cD 0- ~ .- . >';,.0- '" ,- ,..:':.:.., ~"' c''''''':r O;r.Y..!. :~~~J~ ..~ d 1,-" 0._.1._ '" .~' ~ h'." '~.nc... ;':~ U- r..;. C, " .1 ~..I , .....~ "''''.- . 1 :.1 !I :j 1 I I ! ti ! ' - ,;: 0l. 1Je. 9lJ- .;tol"8' VERI FICA TION The language of the foregoing document is that of my own, I have read and drafted the foregoing document and it is true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S, Section 4904, relating to unsworn falsification to authorities. Date:/j~.fl'14 ~ en - ~~ ..,- -'" _...'"l::1 ~%~I ...,~,) *' '.. ;.: r~~;;" ~'.T'~' ,.'.. "'f )... .' ~~ (I,: ./;;;2 ,__1;to../ t.: :1..'~ ...;j <:> ::lC Cl.- UI Q M 0") .... ..... V1 . . .. NPI-NJlNAGBMENT CORPORATION AGBNl' FOR SOCIETY HILL APARTMBNTS Pla:l.nti~~ : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA . . . . : No. 94-2018 . . v. : CIVIL TRIAL : JURY TRIAL DBMANDBD MICHAEL J. KHAN, JR. and NBLINDA M. KHAN . . . . : De~endants . . .l'!1l'tv"IlnURAL OBJECTIONS I. PACTS AND PROCEDURAL BISTORr 1. Plaintiff brougbt COMPLAINT, DR # LT-0000084-94, to District JUstice 09-1-01 on Marcb 8, 1994. 2. Plaintiff received Judgment in absentia of Defendant Micbael J. KIlIan, Jr., Marcb 23, 1994. 3. De~endant's filed NOTICE OF APPEAL, APOC 312-84, on April 20, 1994. 4. Pla:l.ntiff filed COMPLAINT, 94-2018, on May 12, 1994. 5. Defendant's filed ANSWER AND NEW NATTER to Plaintiff's complaint on May 27, 1994. 6. Plaintiff filed ANSWER TO NEW NATTER on June 20,1994. 7. Defendant's filed COUNTERCLAIM on September 6, 1994 and Veri~icat:l.on tbereto on September 9, 1994. .. II. DISCUSSION 8. OBJECTION: Plaintiff failed to bring COMPLAINT within the required 20 daYB from the date of appeal (April 20, 1994 to May 12, 1994) . 9. OBJECTION: plaintiff failed to Berve Defendant'B with a copy of their ANSWER TO NEW MATTER, filed June 20, 1994. DefendantB firBt became aware of plaintiff' B ANSWER TO NEW MATTER upon receiving a requeBt to execute a CERTIFICATE OF READINESS FOR ARBITRATION, on AUguBt 25, 1994, which a copy of Baid ANSWER TO NEW MATTER waB attached. AB of September 12, 1994 a Certificate of Service for Plaintiff'B ANSWER TO (Defendant'B) NEW MATTER iB not attached nor iB on file with the ProthonotarY'B office. WHEREFORE, the Defendant'B/Counter-plaintiff'B requeBtB the Honorable Court to enter Judgment of NON PROS againBt plaintiff/Counter-defendant in accordance with Pa. R.C.P.J.P. No. 1001(7) for original COMPLAINT only, or in an alternative, order Plaintiff/Counter-defendant to comply with PennBylvania and Local RuleB of Civil Procedure and Bubmit documentB within the required time and at all timeB Berve copieB thereof to Defendant'B/Counter- Plaintiff'B. ReBpectfully Bubmitted, BY: ::L ael J. Defendant/Co ter-plaintiff, Pro Se 109 MealB Drive CarliBle, PennBylvania 17013 (717)243-4321 0.-__... ______ ..~..__-....:;t ... VERIFICATION The language of the foregoing document is that of my own, I have read and drafted the foregoing document and it is true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa, C,S. Section 4904, relating to unsworn falsification to authorities, Date:~ By: Michael ], . . , CERTIFICATE OF SERVICE I, Michael J, Kman, Jr,. certify that a true and correct copy of the PROCEDURAL OBJECTIONS of Defendant' was served upon the following by placing the same in the United States mail, postage prepaid and addressed to the addresses below; this 12th day of September, 1994: NPI-Management Corporation Agent for Society Hill Apartments c/o William T. Cochran ISO Swedes ford Road Wayne, Pennsylvania 19087 .. .",.. en - ,. "'t: '"'.., 14Jt:; :~~! tJ;.c ''''J~ :: 1.:) (.) ,,:1: .......r;I~_.. ~, :::~~~ '<::;;. ,,-I' ,,1... ~'l :c a.- m '=> -;r "-J - fb _:; ~ ..... . . . , Court of Co-.on Pleas of CUaberland county Co-.onwealth of Pennsylvania NPI-Management Corporation Agent for Society Hill Apartments Plaintiff No. 94-2018 vs. Michael J. Kman, Jr. and Melinda M. Kman Defendants ANSWER TO PROCEDURAL OBJECTIONS 1- Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. 7. Admitted. 8. Admitted in Part. Although plaintiff in this matter filed Complaint on the 22nd day following notice of Rule to file Complaint, Defendants failed to notify Plaintiff of its failure to file cmplaint as required by civil procedures. 9. Admitted in part. Defendants failed to notify plaintiff of its failure to prove Defendant with a copy of its Answer to New Matter as required by rules of civil procedure. Denied. Wherefore, Plaintiff requests of this Honorable Court that the Defendant's demand for the entry of Judgement of NON PROS in their favor be denied and that the Plaintiff be permitted to continue with its action in this matter before the Court. NPI-Management corporation Agent for Society Hi 1 ApartmentJY By: t:J XU1h:- <<~~ William T. Cochran - i~:~~:,-:-~~o---;-: ."~~,ru '. ':~W1j" . In The Court Of Co.-on Pleas of cu.berland County af~n7 ~ William T. Cochran Verification William T. Cochran, being duly sworn according to Law, deposes and says that he is a Property Manager and agent for Society Hill Apartments and as such is authorized to make this Verification on its behalf: and that the facts set forth in the foregoing Answer to Procedural Objections are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties if 18 Pa. C. S.4904 relating to unsworn falsification to authorities. . . Court of Co.-on Pleas of CUaberland county co.-onvealth of pennsylvania NPI-Management corporation Agent for Society Hill Apartments Plaintiff No. 94-2018 vs. Michael J. Kman, Jr. and Melinda M. Kman Defendants CERTIPICATION OF SERVICE This is to certify that in this case, complete copies of all papers contained in plaintiff's Complaint, pursuant to Pa. R.C.P. No. 440, were served upon all unrepresented parties by First Class Mail on September 26, 1994. specifically, the following persons were served in the following manner: First Class Mail Michael J. Kman Melinda M. Kman 109 Meals Drive Carlisle, Pennsylvania, 17013 NPI-Management corporation Date: 9/J' /90/ / [1/;;. '-" ~- {&t;{.eCMJ/ I ~ William T. Cochran By: -,_.-- ~-- -:r' en - :>-... "'.., <-,r :., I ~\ -;~,. ::.~ :: ,:~: :~: :(. . ~. .r, = -'% C'1' :J' C> to '" ... ..... V'). "' T -. . .~ .. NPI-NANAGENENT CORPORATION AGBNT FOR SOCIETY HILL APARTMBNTS : COURT OF COMMON PLBAS : CUMBERLAND COUNTY, PA : . . Pla:1nti~~ : No. 94-2018 (Counterclaim) . . v. . . . . MICHABL J. KMAN, JR. and MBLINDA M. KHAN . . . . . . . . De~endants . . TO: NPI-Management Corporation Agent For Society Hill Apartments Date o~ Notice: September 27, 1994 TIIPilDTAN.r B07'ICB YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILBD TO TAKE ACTION RBQUIRBD OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TBN DAYS FROM THE DATE OF THIS NOTICB A JUDGMBNT MAY BE BN'l'BRBD AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURT ADMINISTRATOR CARLISLE, PENNSYLVANIA 17013 717-240-6200 I!i,~~d ~_5-f 1- . Mifcbael J. an, Jr., pro se CERTIFICATE OF SERVICE I, Michael J, Kman, Jr" certify that a true and correct copy of the Ten-Day (10) Notice to request Default Judgement of Defendants-Counter-plaintiffs Counterclaim was served upon the following by placing the same in the United States mail, postage prepaid and addressed to the addresses below; this 27th day of September, 1994: NPI-Management Corporation Agent for Society Hill Apartments c/o William T. Cochran 150 East Swedesford Road Wayne, Pennsylvania 19087 By Michael J. Kman, Jr. Plaintiff, Pro Se 109 Meals Drive Carlisle, PA 17013 -::r en - :c c- o '" -:r >-.... ~.- "'" t-' _.,....1 0./0' ~ -, ::.;. O.J.L~_,'l, -r.:;) ".. ':: ~..r {:" . r:. ~-'!f;:; ,. .- = '" ..... ... v> ':;.7J .S.... " '.J ... ~-') C' . _ '~'(~1-.rr,"~,~:_:~ nr:1-. A~~ ~f)>.'lt~ Gr~k~ PI~A t~ lJo , 9'-/ - 070 I 8" C. " \l ; \ --r e.r~ v Al CMrt-L KI"I\. A- k) Mt:(..... ~t\- ~v~ kJ 'Dc fG&J:bI\NI:"::> I, Michael J, Kman, Jr" certify that a true and correct copy of the Ten-Day (10) Notice CERTIFICATE OF SERVICE to request Default Judgement of Defendants-Counter-plaintiffs Countercl!lim was served upon the following by placing the same in the United States mail, postage prepaid and addressed to the addresses below; this 28th day of September, 1994: NPI-Management Corporation Agent for Society Hill Apartments c/o William T. Cochran 150 East Swedesford Road Wayne, Pennsylvania 19087 By ~~ q,f~5(5. Mic ael J. Kman, ' Plaintiff, Pro Se 109 Meals Drive Carlisle, PA 17013 a; - ~~ .... ~- J-.r. t; .;.": ,'" ~(.~(,~:~ ._.;;.t:~'.i :~(:.; .::r. .~~IL _ .I,..J ; : ..,: a. 04_~ '" ::z:: c... In .:z- C"") en '" ~ ~. , Court of COllJlOn Pleas of cu.berland county COllJlOnwealth of Pennsylvania NPI-Management Corporation Agent for Society Hill Apartments Plaintiff No. 94-2018 vs. Michael J. Kman, Jr. and Melinda M. Kman Defendants ANSWER TO COUMTERCLAIK 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. 7. Denied. strict proof demanded at time of trial. 8. Admitted. 9. Denied. Strict proof demanded at time of trial. 10. Admitted. 11. Plaintiff avers that they have no knowledge of Defendant's contact with the Lower Allen Police Department or any subsequent visit by the police. Wherefore, Plaintiff requests of this Honorable Court that the Defendant's demand for judgement in their favor be denied and that judgement be entered in favor of plaintiff in the amount of One Thousand Two Hundred and Eighty Dollars ($12BO.00) plus interest from February 1, 1994 and costs of litigation as demanded in original complaint. NPI-Management corporation Agent for Society Hill Apartme9js By: k,{(~;,~f ~~ William T. Cochran '1.;," ......-, -.....,......- , '. In The Court Of Co.-on Pleas of cu.berland county Verification william T. Cochran, being duly sworn according to Law, deposes and says that he is a Property Manager and agent for Society Hill Apartments and as such is authorized to make this Verification on its behalf; and that the facts set forth in the foregoing Answer to Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties if 18 Pa. C. S.4904 relating to unsworn falsification to authorities. iAlkh /r ~ William T. Cochran Court of Common Pleas of CUmberland County Co.-onwealth of Pennsylvania NPI-Management Corporation Agent for Society Hill Apartments Plaintiff No. 94-2018 vs. Michael J. Kman, Jr. and Melinda M. Kman Defendants CERTIFICATION OF SERVICE This is to certify that in this case, complete copies of all papers contained in Plaintiff's complaint, pursuant to Pa. R.C.P. No. 440, were served upon all unrepresented parties by First Class Mail on September 26, 1994. Specifically, the following persons were served in the following manner: First Class Mail Michael J. Kman Melinda M. Kman 109 Meals Drive Carlisle, Pennsylvania, 17013 NPI-Management corporation Date: 9/:;r,(t,1f By: iufittt._. T tfr L- William T. Cochran '. ,:,.-..~. .-,c....-,'~ ..,... en - >-~ ~'1:: u... ~'" ," ...r lj :.r ....~ z: (" C.I ~ .......~ ~. ..~ "" "" .:r = . ,- ~ ,,'-, -' ~.~ "" .... ..... V> < ) .. j':~ ::~i:. , Court of ec-n Pleas of Cmaber1and County coeaon_a1tb of Pennsylvania NPI-Management Corporation Agent for Society Bill Apartments plaintiff vs. No. 94-2018 Michael J. Kman, Jr. and Melinda M. Kman Defendants AHEBDEDARSWEIl'IOC01JNTBll.CLAIH 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. S. Admitted. 6. Denied. 7. Denied. Strict proof demanded at time of trial. 8. Admitted. 9. Denied. Strict proof demanded at time of trial. IO. Admitted. 11. Plaintiff avers that they have no knowledge of Defendant's contact with the Lower Allen police Department or any subsequent visit by the police. 12. The averments of Paragraphs 1 through 11 above are incorporated herein by reference as if fully set forth. 13. Admitted. Plaintiff has retained Defendant's security deposit pending the receipt of all rent and other charges legally due under the lease agreement h dated Pebruary 12, 1992 (see Exhibit A, Lease Agreement, Paragraph #2). .....~..._......-~..._---_. - ~,,"", .. .-.---....-..-.-........"-<<.. __,.__., _H__'_"_ __,__,. - -... ---.---------" -' 14. The averments of Paragraphs 1 through 13 above are incorporated herein by reference as if fully set forth. IS. Admitted. Plaintiff has notified Defendant of the $112.S0 late fee over charge and adjusted outstanding charges due to reflect the correct amount due of $1280.00 per the original complaint (last paragraph) filed June 20, 1994. Wherefore, Plaintiff requests of this Honorable Court that the Defendant's demand for judgment in their favor be denied and that judgment be entered in favor of Plaintiff in the amount of One Thousand Two Hundred and Eighty Dollars ($1280.00) plus interest from February 1, 1994 and coats of litigation as demanded in original Complaint. .' NPI-Management Corporation Agent for Society Hill APartme~ By. 4/~~ William T. Cochran ',0', ....... .-.---- . ,.._,__..__.~ ._. _._.._ ._"~~_'_"4'~"__"_''-__'<.' -~ _.-_.--'-.~_._.._______..__~_ _ ___,___p._ _"4 '. '" ." ~,. - , . .~. '. ~." ~. ~. . .: ': -.. -.-. . ..p'.. -::r ~ - ,,=,. .~ ~. - = "- .'? '=> -::1" .', '': _Or 1- 0- '-> <::::> =' '.~; e ; ,.:,~,.,,",., __........" ~ . H_ ._.,_"__.., NPI-MANAGEMENT CORP, AGENT FOR SOCIETY HILL APARTMENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACI'ION - LAW vs. MICHAEL J. KMAN JR, and MELINDA M. KMAN, Defendants 94-2018 CIVIL TERM IN RE: MOTION TO DISMISS ORDER AND NOW, this I "i~ day of October, 1994, a Rule is issued on the plaintiff to show cause why the requested relief should not be granted, This Rule returnable twenty (20) days after service, BY THE COURT, .1,. = .... - <.a '.'.. .:::.. .... ..... ~ ~ '" '.~ ....."" /-' .... ;;. - c..o -= ~c:::.. \r , 0-, f'j - Q .... ,i 11 ~ OCT 14 1994d~ NPI-IlANAGIDIBNl' CORPORATION AGBN'l' !"OR SOCIB'l'Y HILL APAR'l'HBNl'S Plaint;f.~~ : COURT OF C01040N PLEAS : CUJlBBRLAND COUNl'Y, PA . . . . : No. 94-2018 : v. . . . . NICHABL J. KHAN, JR. and IIBLINDA 11. KHAN : . . . . . . De~endant:s . . nDng AND NOW, t:h:Ls day o~ , 19_, on De~endant:'s 1I0t::Lon To D:LBlIJ:Lss , :Lt: :Ls hereby ORDBRBD t:hat: t:he De~endant:'s 1I0t::Lon :Ls GRAN7'BD. Plaint::Lf~'s Complaint: :Ls d:LBlIJ:Lssed w:Lt:h prejud:Lce. Judgment::Ls ent:ered :Ln ~avor of Defendant:'s and aga:Lnst: P1a:Lnt::Lf~' s. Dat:e: J. - . NPI-MANAGB1IBN'l' CORPORATION AGBN7' FOR SOCIBTY HILL APARTNBNTS Pldnt:J.tt : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA . . . . : No. 94-2018 . . v. . . . . MICHABL J. KHAN, JR. and MBLINDA M. KHAN : . . . . . . Defendants . . JIO'J'ION 7'0 DIRIITSS NOW COMB, tne Defendant's, M:J.enael and Mel:J.nda KIlIan, and move tne Court as follows: I. FACTS AND PROCEDURAL HISTORY 1. Pla:J.nt:J.ff brougnt COMPLAINT, DR # LT-0000084-94, to D:J.str:J.et Just:J.ee 09-1-01 on Maren 8, 1994. 2. Pla:J.nt:J.ff reee:J.ved Judgment :J.n absent:J.a of Defendant M:J.enael J. KIlIan, Jr., Maren 23, 1994. 3. Defendant's f:J.led NOTICE OF APPEAL, APOC 312-84, on Apr:J.l 20, 1994. 4. Pla:J.nt:J.ff f:J.led COMPLAINT, 94-2018, on May 12, 1994. 5. Defendant's f:J.led ANSWER AND NEW MATTER to Pla:J.nt:J.ff's eompla:J.nt on May 27, 1994. 6. Pldnt:J.ff f:J.led ANSWER TO NEW MATTER on June 20, 1994. -1- .'.....~,._....._".__"'__.._...4._ ... 7. Defendant' B filed COUNTERCLAIM on September 6, 1994 and Verification thereto on September 9, 1994. 8. Defendant/Counter-Plaintiff'B filed PROCEDURAL OBJECTIONS on September 12, 1994. 9. Plaintiff/Counter-Defendant'B filed an ANSw.BR TO PROCEDURAL OBJECTIONS on September 26, 1994. 8. Plaintiff/Counter-Defendant'B filed a partial ANSw.BR TO COUNTERCLAIM on September 26, 1994. 9. Defendant/Counter-Plaintiff'B filed a 10 DAY NOTICE OF DEFAULT, of (Defendant/Counter-Plaintiff'B) COUNTERCLAIM, on September 28, 1994. 10. Defendant/Counter-Plaintiff'B filed a CERTIFICATE OF SERVICE, of the 10 DAY NOTICE OF DEFAULT, on September 29, 1994. 11. Defendant/Counter-Plaintiff'B filed an APPLICATION FOR BNTRY OF DEFAULT JUDGMBN'l', for COUNTERCLAIM, on October 13, 1994. 12. Defendant/Counter-Plaintiff'B filed a MOTION TO DISMISS on October 13, 1994. II . DISCUSSION 13. Defendant'B filed an Appeal (AOPC 312-84), see Exhibit -A-, of District Justice Judgment, LT-0000084-94, on April 20, 1994, exactly twenty-eight (28) daYB after receiving judgment from DiBtrict JUstice 09-1-01, see Exhibit -B-. -2- .. 14. Tbe Appeal was ~iled witbin tbirty days (30), and tbere~ore was ~iled in a timely and proper manner. 15. Pa. R.C.P.J.P. No. 1001(7) clearly requires tbe Appellee to ~ile a complaint witbin twenty (20) days a~ter service o~ Rule. -Enter rule upon in tbis appeal (Common Pleas days a~ter service o~ rule pros." , appellee(s), to ~ile a complaint No. ) w.ttbin twenty (20) or su~fer entry of judgment o~ non 16. Pla.tnti~~ ~iled a COMPLAINT in regards to tbis action on May 12, 1994. Twenty-two (22) days after s~rvice o~ Rule. 17. Plainti~~'s filed and served a Veri~ied copy o~ Pla.tn t.t~~, s ANSWER TO (De~endan ts) PROCEDURAL OBJECTIONS. In sa.td Answer Plaint.t~~'s acknowledge and admit to ~illing COMPLAINT twenty-two (22) days a~ter service o~ tbe Rule to ~ile Complaint, see Bxbibi t "C". 18. Said Rule states tbat ~ailure to ~ile a Complaint will result in a judgment o~ NON PROS. Tbere~ore, tbis Complaint should be dismissed witb prejudice. WHEREFORE, De~endant's pray tbat tbe Court enter an order in con~ormance witb tbe ~oregoing Motion Respect~ully submitted, BY: AA, A J -1 (.,. ,^-,<::l4A. ~ J.~J, ~Ji;) De~endant/CoUDter-plainti~~, Pro Se 109 Meals Drive CarliSle, Pennsylvania 17013 (717)243-4321 -3- . .. VBRI.P'ICA2'ION 2'be language of tbe foregoing documant is that of my own, I bave read and drafted tbe foregoing documant and it is true and correct to tbe best of my knowledge, information and belief. I understand tbat any false statements made berein are subject to tbe panalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to autborities. Date: (D(Il/{(N By: If/g'ekeJ ~~~ . cbael J. an, . . .. CBRTIFICATB OF SERVICB I, Michael J. Kman, Jr., certify that a true and correct copy of the MOTION TO DISMISS was served upon the following by placing the same in the United States mail, postage prepaid and addressed to the addresses below; this 14th day of October, 1994: NPI-Management Corporation Agent for Society Hill Apartments c/o William T. Cochran 150 Bast Swedes ford Road Wayne, Pennsylvania 19087 By ~.J.~I ~L~ II. hael J. an, Plaintiff, Pro Se 109 Meals Drive Carlisle, PA 17013 EXHIBIT "A" . JUDICIAL DISTIICT NOTICE OF APPEAL .;,00.< fROM 11 (0\ DISTRICT JUSTICE JUDGMENT COMMONWIALTH Of ,INNSYLVANIA COUlT 01 COMMON 'LIAS . COMMON,LlAIN... 94-2018 Civil TeJ:lll ~. _ . NOTICE OF APPEAL Notice i; given lhat lhe oppellanl has filed in lhe above Court of Common Plea. on appeal from Ih. judgment rendered by Ihe Didricl Juslice on lhe dot. and in lho co.e menlioned below. CVl9. LT 19 OOCCXI'i':9 -"1'1 Thi. block wiR be signed ONLY when this notolion i. r.quir.d und.. Po. R.cP JP, No. 10088. Thi. Noliee of Appeal, when rec.ived by lho Di.tricl Ju.lice, will operote o. 0 SUPERSEDEAS to lhe judgmenl for po.....lon in Ihi. co... appel/an was CLAIMANT (see Pa. R.C,P,J,P, No. 1001(6) In acllon before District Justice, he MUST FILE A COMPLAINT wl/hln twenly (20) days af/er filing his NOTICE of APPEAL, / d II/lf/ I11tl/ff(14 /<m/lAJ :l1P3 s,~'~1 ;/,1/ lJ-RltI<i 11. "1 # 311) 11/1'1 l-hll . I , 3~:J i>'I- Mt1I/1""PI1tPI/Ttut<'1 IfL7;' ... I S'lJIIa/UfO 0/ Pro/llono/ary ex Deputy (ThIs seetlon o( form 10 be used ONLY when appellant was DEFENDANT (soo Pa. R.c.P.J.P, No. IF NOT USED, detach from copy 01 notice 01 appeal 10 be served upon appellee), PRAECIPEI To Prothonolory Ent.. Nle upon NP:r tV! /11/11/ lOr -;;- (l (J.'Pf' lj N.YntI oIlJ{:fJfJlIoc(s) 94-2018 Civil Term PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE 100 1{ 7) in action before District Justice. //6(>../ . oppellee(.), 10 file a complainlln lhi. appeal (Common Plea. No. ) within lwenly (20) day. after ...vic. 0 ( RULEI To Ai PI Mlhv~r./ a,r ,app.llee(.). NI1mo 01 5/ V ( 1) You ore notifi.d that a rule I. hereby enl.r.d upon you 'a file a complalnl In this appeal within twenty (20) day. after the dot. of ..,vic. of Ihi. rule upon you by personal ...viee or by cer'ifo.d or regi.tered mail . (2) If you do not flle a complaint within this time, a JUDGMENT OF NON PROS WILL 8E ENTERED AGAINST YOU. (3) The dole of ..rvice of ,hi. rule if ...vice was by mail i. lhe dole of maiRng. Date: Anr. 20. ,19--9.4 '_4~ BXHIBI'l' aB- COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF JUDGMENT/TRANSCRIPT Mag. 0Itl Mo.: 09-1-01 PLAINTIFF: NAME..... ADORE" ~PI MANAGEMENT CORP AGENT lS0E SWEDESFORD ROAD WAYNE, PA 190B7 L DJNA/M:Hol'l. CHARLES A. CLEMENT, JR. ~: 1106 CARLISLE ROAD CAMP HILL, PA T_ (717) 761-4940 17011 VS. DEFENDANT: NAME ..... ADORE" ~MAN, MICHAEL/MELINDA 2903 SOCIETY HILL DR APT.' 310 SOCIETY HILL APARTMENTS ~AMP.HILL, PA 17011 Docket No,: !fl'-0000084-94 Date Flied: 3/08/94 . ~; MICHAEL/MELINDA KHAN -, 2903 SOCIETY HILL DR APT.' SOCIETY HILL APARTMENTS CAMP HILL, PA 17011 310 THIS IS TO NOTIFY YOU THAT: [!] Judgment was entered lor: (Name) NPI MANAGEMENT CORPAGENT [!] Judgment was entered against: (Name) KMAN. MICHAEL/MELINDA In the amount 01 $ 1.398.00 (Date) 3/23/94 on: D Damages will be assessed on: (Date & Time) D This case dismissed with prejudice. D This case dismissed without prejudice. [!] Possession granted. D Possession granted II money judgment Is not satlslled wlthln thirty days. D Possession not granted, D Levy Is stayed lor days or D generally stayed. D Objection to levy has been lIIed and hearing will be held: Date: Place: $1,328.00 $70.00 $.00 $.00 Amount 01 Judgment Judgment Costs Interest on Judgment Attorney Fees TOTAL $1,398.00 Time: " rJct Justice My commission expires IIrst Monday 01 January, t996 : r:l . ,~ .~ '. "I ' ) . l' ...... AOPC 315-93 lt~:; " .t........ I: 1. i , i ~ '. 1\ i; I' , :1 . B1CHIBI'l' .C. " " 1; ; j . i , i I , i I I I . ....... -- Court of Common Pleas of CUmberland County Commonwealth of Pennsylvania NPI-Management corporation Agent. for society Hill Apartments Plaintiff No. 94-2018 vs. <.n q1 ,....) l,J"'J C"'? ~ Michael J. Kman, Jr. and Melinda M. Kman ., :;.::;r. ~:{:.~. '._l.;~ :~: c'~ ~~ ~ ,.. ~- . .1 " 'too OBJECTXONS :J ?; a .&: U> J;" ::.:: Defendants . ~ ANSWER TO PROCEDURAL I 1. Admitted. .~. ., Admitted. 2. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. 7. Admitted. B. Admitted in Part. Although Plaintiff in this matter filed Complaint on the 22nd day following notice of Rule to file Complaint, Defendants failed to notify Plaintiff of its failure to file cmplaint as required by civil procedures. 9. Admitted in part. Defendants failed to notify Plaintiff of its failure to prove Defendant with a copy of its Answer to New Matter as required by rules of civil procedure. Denied. Wherefore, Plaintiff requests of this Honorable Court that the Defendant's demand for the entry of Judgement of NON PROS in their favor be denied and that the Plaintiff be permitted to continue with its action in this matter before the Court. NPI-Management Corporation Agent for Society ~ill AP~rtm~s By: 1t./liZ.d..,,,! t:r.- <'!-'\ William T. Cochran , NPI-MANAGEMENT CORP., Agent for Society Hill Apartments, Plaintiff VS, MICHAEL KMAN and MELINDA : KMAN, his wife, Dcfcndants AND NOW, this ;1/" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-2018 CIVIL TERM CIVIL ACfION - LAW ORDER day of October, 1994, a Rule is issued on the defendants to show cause why the within motion to open or strike default judgment should not be granted. This Rule returnablc ten (to) days after service. 'IO^ It ~ BY THE COURT, .4L .1.'.. '11 " .;U t;' tdtl II' , I ,~ .~ I.., Nov Z 4 10 fK 'gq flLlU,off'CE OF TlIE rl,0i1IQH~TA~Y CUHBEkLAHO COU!HY PEH!lSYL'.~IlI.\ ~ J. OCT 2 6 199~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI-MANAGEMENT CORPORATION Agent for Society Hill Apartments, Plaintiff, . : NO. 94-2018 v. MICHAEL KMAN and MELINDA KMAN, his wife, : CIVIL TERM Defendants. ORDER AND NOW, this day , 1994, upon consideration of the within Motion of Plaintiff NPI Management Corporation to Open and/or Strike Default Judgment it is hereby ORDERED that the relief requested by Plaintiff is GRANTED and the default judgment is opened and/or stricken, BY THE COURT: t-..-.,.~"",~,.,_,.,,~.t..\.ll IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI-MANAGEMENT CORPORATION Agent for Society Hill Apartments, Plaintiff, , : NO. 94-2018 v. MICHAEL KMAN and MELINDA KMAN, his wife, : CIVIL TERM Defendants. MOTION OF PLAINTIFF NPI-MANAGEMENT CORPORATION TO OPEN AND/OR STRIKE DEFAULT JUDGMENT Plaintiff NPI-Management Corporation ("NP'") seeks to open and/or strike the default judgment entered by the Defendants Michael and Melinda Kman ("the Kmans"). As set forth more fully below, the entry of a default judgment arose out of a long and tortured procedural history and should be stricken. 1. This matter arises from NPl's attempts to collect from the Kman's delinquent rent. The Kmans were tenants at the Society Hill Apartments ("the Apartments") and failed to pay rent and late charges in the amount of one thousand, three-hundred, ninety-eight ($1,398.00) dollars. NPI is the management company for the apartments. As set forth below, the procedural posture of this case is as follows, a. Judgment was entered for NPI against the Kmans in the amount of one thousand, three-hundred, ninety-eight ($1,398.00) dollars by District Judge Charles A. Clement on March 23, 1994, for the Kmans' failure to pay rent. LAW OFFICES . LAMB, WINDLE & McERLANE, P.C, , 24 EAST MARKET STREET . WEST CHESTER. PA 19381.0585 - i' . '....'....:"... _..."~"""..". . ~"'iit.., ',;::-~.._'~'-t.~.~:,' . l '_~_ b, The Notice of Appeal of Judgment was flied by the Kmans on April 22,1994, c, The Complaint in this instant action was flied by NPI on May 12, 1994. The Kmans at no time moved or praeciped for judgment of non pros against NPI prior to the flllng of the Complaint. d. June 2, 1994. The Kmans filed their Answer and New Matter to the Complaint on e, NPI filed a Reply to New Matter on June 20, 1994, f. August 25, 1994, NPI served a Certificate of Arbitration Readiness to the Kmans which the Kmans refused to sign. g. On September 6, 1994, the Kmans, without gettin9 permission from Court or NPI to amend their Answer and New Matter. in violation of Rule 1033 of the Pennsylvania Rules of Civil Procedure, filed a Counterclaim containing three counts and 15 paragraphs, h. On September 26, 1994, NPI filed its Answer to Counterclaim, paragraphs 1 - 11, but by mistake, neglected to respond to paragraphs 12-15, which contained Counts II and III. However, paragraphs 12-15 essentially incorporated the allegations of the 11 previous paragraphs. I, On September 30, 1994, the Kmans presented a settlement proposal to NPI, attached hereto as Exhibit "A." 2 LAW OFFICES . LAMB, WINDLE & McERLANE, P.C. . 24 EAST MARKET STREET . WEST CHESTER. PA 19381,0565 .- ....-,. j. On October 12, 1994, NPI made a counter proposal to the Kmans' offer attached hereto as Exhibit "8." k. On October 14, 1994, the Kmans flied an Application for Default ,Judgment against NPI on the two counts that NPI mistakenly neglected to answer. I, On October 17, 1994, NPI flied Its Amended Answer to Counterclaim, raising b2rm~ defenses to the claims made in paragraphs 12.15. m. The Kmans flied an Application for Entry of Default Judgment on October 14,1994, as to Counts II and III of the Counterclaim. 2. A default judgment was entered against NPI on Counts II and III of the Kmans' Counterclaim on October 14, 1994. 3. The default judgment on the Counterclaim is void because of the Kmans' failure to comply with Rule 1033 of the Pennsylvania Rules of Civil Procedure relating to the requirement of the Kmans to seek Court approval or securing a filed consent of NPI to amend its Answer and New Matter to Include a Counterclaim. 4. NPl's Motion to Open and/or Strike is timely filed and reasonably prompt. 5. The default judgment in the instant matter should be opened because NPI has a good, sufficient and adequate excuse for its failure to respond to Counts II and III of the Counterclaim. NPl's failure was good faith inadvertence and during a time it was negotiating a potential settlement with the Kmans. 3 LAW OFFICES . LAMB. WINDLE 1Io McERLANE, P.C. . 24 EAST MARKET STREET . WEST CHESTER, PA 19381.0565 r,~ ~ "':'~;f#iw.~ :r~ 6, The default was due to an oversight and unintentional omission to act and accordingly, is reasonably excused. 7, NPI has a meritorious defense to Counts II and III of the Counterclaim, as evidenced by ils Amended Answer 10 Counterclaim, which would require submission of the issues 10 a jury, 8. The judgment should be stricken because the Counterclaim in which the Kmans have taken a default judgment is void ab in/to, having been filed in violation of Pa. R.C.P. 1033. WHEREFORE, NPI respectfully requests that its Motion to Open and/or Strike Default Judgment be granted and this case to proceed to arbitration, Dated: Ie '2f. 9~( Respectfully submitted, LAME, WINqLE & McERLANE, P,C, , By: 4 LAW OFFICES . LAMB, WINDLE & McERLANE, P,C, . 24 EAST MARKET STREET , WEST CHESTER, PA 193B 1,0565 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI-MANAGEMENT CORPORATION Agent for Society Hill Apartments, Plaintiff, , : NO. 94-2018 v, MICHAEL KMAN and MELINDA KMAN, his wife, , : CIVIL TERM Defendants, AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CHESTER ss I, William Cochran, being duly sworn according to law, hereby depose and say: 1) I am the NPI-Management Corporation Property Manager for Society Hill Apartments. 2) I have reviewed the Motion of Plaintiff NPI Management Corporation to Open and/or Strike Default Judgment and all of the facts set forth therein are true and correct . (;;tt.u., -r: c.L- William Cochran Swom to and Subscribed Before me this rJ- May " fc-h p.y, ,.... ~t - ~ NOTARY PUBLIC t-~ I<atIeen NccrrtaI SeeI w.~~~PI.t>rc Mreon.'""""',~4i~ J:vhlhlt .6. ...(.lAltll.....~'CO 'IIJIIII'.'O HI" "IUQUI @ " .... .' " . " Kman'(:QKman FINANCIAL GROUP P,O, Box 1003 Colrllsle, P^ 17013.6003 (717) 243.2141 Michael J. Kman, Jr. GenmI ^"'" ,.,--'-- <f q. .......... i. Ii September 30, 1994 BPI-Ma.aagemeDt Corporation Agent ~or Society Hill Apartments c/o WUl.:LaIII 2". Coc:.bra.a 150 Bast S_desford Road Wayne, Henasylvania 19081 Dear Mr. Coc:.bra.a: Her our conversation on September 28, 1994, Melinda a.ad I have discussed this situation in great detail. A~ter all considerations we ~eel we ca.a live with the following agreement. OCT 31994 Less Less Less Less $ 1,398.00 $ 631.59 $ 119.25 $ 196.50 $ 45.25 $ 405.16 NHI-Ma.aagement judgement Security Deposit + Interest Overpayment on Late Fees + Interest Two (2) Emergency Room visits for Ashley Filirrg Cost 2"0 tal In consideration for the payment of $405.16 a.ad the ac1atowledgement that Micha~.l .or Melinda Kma.a will forego a.ay future action (Ashley'S incideDtragainiit NHI- Ma.aageaienl:' anCi/or'a.ay of-iti,s affiliates, BPI- lifanagem(m.t .azid/(jr~y of .p:'s irffil1atsl! : agrees :that 'all debts, inCluding the above mentioned' judgement,' will be considered satisfied a.ad that no further retribution may be sought. Furthermore, NPI-Ma.aagement a.ad/or a.ay of it's a~~iliates agrees to inform within Ten (10) days from the receipt of said monies, in writting (with copies to Michael a.ad Melinda Kma.a), Tbe Credit Bureau, Inc. a.ad a.ay other credit agency that they may have given a report o~ this judgement, that the said judgemeDt has been satisfied in full. Finally, BPI-Ma.aagement a.ad/or a.ay of it's affiliates agrees to refrain from giving a.ay reference to a.ay party regardless o~ future authorizations that may be signed or given by Michael or Melinda Kma.a. We feel that the above amoUIlt is a generous offer considering we have a very reasonable cba.ace to obtain a judgement of NON PROS on your original complaint. You have already admitted that you filed your complaint 22 days after you were served AOPC 312-84. If we do, the only claim we would proceed on would be our COUIlterclaim which doesn' t include a.ay' claim for Ashley'S incident. '., '. . Tliis is for settiement purposes only, should a settlement not be :reaClieif : i t. is: UIli:!ers toed i:ha t we' retain 'full:' rights to" con I:~itue wi th.. the cnim"aB'~~ll' liB:',~nil:ia'l:il'OI:1ie:r" claims: as' we see nt.::'::: ~.:. . ~ ':'-' ..' .... "'.' ..... .... . ,,,' '. . :." I :.. ...... . '. . " arpstmd PqfumwtYr. RxtIS 1nYes1ors. Inc.. Fortis Ftnanctal Group. P.O. Box 26284 . St. hul. MlMCSOUl5'164 . 1.8QO.1OO.263. _ _.Inc. (lIInd.......... stnc< '949), _lnwstDn, Inc. (""",1><1 NASD. SlPCl, fonls ll<ndIu Ins..ance Qlmpony (""'" orrro~ _Insurance p<odUCU) - . . ... . . Nl'r-Hanagement Corporat.ion c/o fUU.i_ 2'. Cochran September 30, 1994 Page 2 . -',' . 2'bllJJk you ~or your t:Lme and eons.iderat.ion. We nIl look ~orward to bearing ~rOlll. you soon. ii;:iY8. De~endant/Cou.ater-pla.int.i~f, Pro Be ee: ~i1e H.7K/mk ,.-. _."........_~----..~~- ., ."......-.,.,..... .",. -... 1:..&..1&...16 b "1~I.fIUnAl.lIUf'oI'l.'W, '1Oll-'n",,'. IDll IlIC'QID (j) N1:-MANAGEMENT CORPORATION ~c October 12, 1994 Mr. and Mrs. Michael J. Kman 109 Meals Drive Carlisle, PA 17013 I ~- RE. Society Hill Apartments Apartment 1310 Dear Hr. and Mrs. Kman. Thank you for your recent letters dated September 29 and September 30, 1994. If required, NPI-Management Corporation will be filing an amended answer to your counterclaim filed September 6, 1994. We might add that we are impressed with your efforts, knowledge and time expenditure so far devoted to preparing and filing paperwork related to this matter. Assuredly you must have more important matters to devote your time to in regard to your new business, Kman and Kman Financial Group. However, please understand that NPI-Management Corporation is equally resolved to see the matter of rent collection legally and rightfully due the Corporation for apartment 1310 under the terms of the lease agreement to whatever eventual conclusion the court may decide. In regard to your proposal to settle the matter outstanding for $405.16, plus an agreement by you to give NPI-Management Corporation a general release from any future action against NPI-Management Corporation by you and Melinda, NPI must decline your proposal because it does not address the rent due for the month of April which the landlord was not able to obtain from another renter, and in which you are held responsible. NPI-Management Corporation is willing to make a counter proposal for you to consider in an attempt to bring a final conclusion. NPI-Management's counter- propoea1 does address an area which may be of interest to you which spreads eome of the financial burden over time. Our proposal is as follows. $1398.00 630.00 <119.25> <625.00> <196.50> $1087.25 Judgment outstanding for rent. late charges and filing fees April rent Less Overpayment of late fees Lesa Security Depoeit Lees Emergency Room Precautionary Visit 'fOUL DUB Of the total amount due, NPI-Management is willing to extend monthly installments for the remaining balance due of $1087.25. We propose that with an initial cash payment of $500.00, the balance of $587.25 can be paid in four (4) month1y,---- installments of $100.00 beginning on November 20, 1994 and a final payment of .' $187.25 on March 10, 1995. 150 East Swedesforo Rond. Wayne. PA 19087 (610) 687.52.50 Fl1ll: (610) 971-9429 ..~- ._.._-_.~- " . . . Mr. and Mra. Michael Kman Page Two October 12, 1994 W. Cochran REI SHA #310 The above counter-proposal represents a compromise to provide some tUne for you to come up with the monies due under the lease agreem~nt, as well as recognition for your medical expenses you elected to incur with the Emergency Room visits for Ashley. . .. .., .. NPI-Management Corporation remains convinced that proceeding with the paper"'!', ~' chase is pointless because a good attorney knows a compromise to the satisfaction' ~ of all parties can be reached. We hope you agree and we look forward to your .... ...:.' .'. reply. . ...- . <,'9_'.. Sincerely, NPI -MANAGEMENT CORPORATION tu;q II,,' =r:Gdutt,,!sJ2. William T. Cochran . Property Manager WTC/sah CCI JLK, MS, BAY, SLH, File #310 VIA CD7IPIED HAIL , .6,#;-',:' '~~.:' ....... . ...... '.','," ......~...... ..,---.- " ~. ";9' ..... .....'.,...-..:.:.:...:.. ,_ 0" '.. .....,..A';....~:.._'_.........._.___ ..".., . ...~. 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"'- ~ ...-.... -_._~- ..._-..... -.--. ..~ .....~I...\~.n...:~.~::.~....,..........,.....,........ "\.'. ~... T"''''''fo-:,.-. ~.. ~~";:;.-=_':::;:1~-' "';-;.!~+1~- :.-:: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI.MANAGEMENT CORPORATION Agent for Society Hili Apartments, Plaintiff, . : NO. 94-2018 v. MICHAEL KMAN and MELINDA KMAN, his wife, , : CIVIL TERM Defendants. CERTIFICATION OF SERVICE I, Guy A. Donatelli, Esquire, hereby certify that true and correct copies of the Motion of Plaintiff to Open and/or Strike Judgment in the above-captioned matter were served this day upon the following by first class mail. Michael and Melinda Kman 109 Meals Drive Carlisle, PA 17013 Date: Id.l. fort( NE,P.C. By: LAW OFFICES . LAMB. WINDLE & McERLANE. P,C. . 24 EAST MARKET SIREET . WEST CHESTER. PA 193Bl.0565 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI.MANAGEMENT CORPORATION Agent for Society Hili Apartments, Plaintiff, NO. 94-2018 v. MICHAEL KMAN and MELINDA KMAN. his wife, . , : CIVIL TERM Defendants. ANSWER OF NPI.MANAGEMENT CORPORATION. AGENT FOR SOCIETY HILL APARTMENTS. TO DEFENDANTS' MOTION FOR HEARING AND APPLICATION FOR ENTRY OF DEFAULT JUDGMENT Plaintiff, NPI-Management Corporation, Agent for Society Hill Apartments ("NPI"), pursuant to the Order of the Honorable Kevin A. Hess dated October 17, 1994, hereby responds to Defendants' Motion for Hearing and Application for Entry of Default Judgment as follows: PRELIMINARY STATEMENT NPI has filed a Motion to Open Ancl/Or Strike the Default Judgment, a copy of which is attached hereto as Exhibit "A," and contains the reasons the Application for Default Judgment should be stricken ancl/or opened, As set forth more fully below, NPI answers the allegations in both the Application for Entry of Default Judgment and the Motion for Hearing, LAW OFFICES . LAMB, WINDLE & McERLANE, P,C. , 24 EAST MARKET STREET , WEST CHESTER. PA 19381.0565 ANSWER TO APPLICATION TO ENTRY OF DEFAULT JUDGMENT 1,-6, Admitted, 7, Denied as stated. Plaintiff's Counterclaim was defective in that it was violative of Pennsylvania Rule of Civil Procedure 1033, The Kmans did not receive permission as required by that Rule to file the counterclaim and therefore, it is void ai2 iIliJiQ, 8..10. Admitted. 11.-13. Denied as stated, During this time, the parties were discussing settlement and had each offered proposals an counter proposals to resolve the matter. 14. Denied. On the contrary, NPI answered fully all of the allegations in the Kmans' counterclaim. 15, Denied. WHEREFORE, it is respectfully requested that the Kmans' Application for Entry of Default Judgment be denied. ANSWER TO MOTION FOR HEARING 1. Denied as stated. It is admitted only that the Kmans have requested default judgment. It Is denied that request is appropriate. 2 LAW OFFICES . LAMe, WINDLE & McERLANE, P.C. . 24 EAST MARKET STREET , WEST CHESTER, PA 19381,0565 2, NPllncorporates its Motion to Open And/Or Strike the Default Judgment as well as Its Answer to Application for Entry of Default Judgment as If set forth fully herein, WHEREFORE, NPI respectfully requests that the Kmans' Motion for Hearing be denied and that this matter be scheduled for a full hearing on the merits before a Board of Arbitrators of Cumberland County. Dated: I I. I{. '7'1 Respectfully submitted, LAMB, WINDLE & McERLANE, P.C, By: /\ ~ , ~y Wnatelll, Esquire Attorney 1.0. No. 44205 24 E, Market Street, P.O. Box 565 West Chester, PA 19381-0565 (610) 430-8000 3 LAW OFFICES . LAMe. WINDLE & McERLANE, P.C, . 24 EAST MARKET STREET . WEST CHESTER. PA 19381.0565 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI-MANAGEMENT CORPORATION Agent for Society Hill Apartments, Plaintiff , NO. 94-2018 v. MICHAEL KMAN and MELINDA KMAN, his wife, . , : CIVIL TERM Defendants, AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: ss COUNTY OF I, William Cochran, being duly sworn according to law, hereby depose and say: 1) I am the NPI-Management Corporation Property Manager for Society Hill Apartments. 2) I have reviewed the Answer of NPI-Management Corporation, Agent for Society Hill Apartments, to Defendants' Motion for Hearing and Application for Entry of Default Judgment and all of the facts set forth therein are true and correct. h~Td- William Cochran Sworn to and Subscribed Before me this J/ II} day o.~'--) LiJ IWlt lou'-, 1994. / ) " / :'\ t-'Ni~ J~~(~;;R~;C {( r... v 1'I:>\:lli.1l~1I .k'!,.1/in.:tte H. T::.~. Nc'::'.'Y Pub'".; r%~;~~;;'?F~'ti.~;~ ~.c:-.; .. 'J''''1r,-.v''~'''':1A.~.rnntlonol LAW OFFICES . LAMB, WINDLE & McERLANE. P.C, . 24 EAST MARKET STREET . WEST CHESTER, PA 193Bl,0565 "'''~::'.~''':':'.UL;;_~~.; ": _. .";->-"':< ~.~.~,,:;;.~. ~ "....... <lll.loUlIllQoO.l........_(O '."111.'0 IfI" "I'..'.uD (i) MICHAEL KMAN and MELINDA KMAN, his wife, . . : CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI.MANAGEMENT CORPORATION Agent for Society Hili Apartments, Plaintiff, . . : NO, 94.2018 v. Defendants. ORDER AND NOW, this day ,1994, upon consideration of the within Motion of Plaintiff NPI Management Corporation to Open and/or' Strike Default Judgment It is hereby ORDERED that the relief requested by Plaintiff is GRANTED and the default judgment is opened and/or stricken. BY THE COURT: J, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI.MANAGEMENT CORPORATION Agent for Society Hill Apartments, Plaintiff, : NO. 94-2018 v. MICHAEL KMAN and MELINDA KMAN, his wife, : CIVIL TERM Defendants, MOTION OF PLAINTIFF NPI-MANAGEMENT CORPORATION TO OPEN AND/OR STRIKE DEFAULT JUDGMENT Plaintiff NPI-Management Corporation ('NPI') seeks to open and/or strike the default judgment entered by the Defendants Michael and Melinda Kman ("the Kmans'), As set forth more fully below, the entry of a default judgment arose out of a long and tortured procedural history and should be stricken. 1. This matter arises from NPl's attempts to collect from the Kman's delinquent rent. The Kmans were tenants at the Society Hill Apartments ("the Apartments') and failed to pay rent and late charges in the amount of one thousand, three-hundred, ninety-eight ($1,398.00) dollars. NPI Is the management company for the apartments. As set forth below, the procedural posture of this case is as follows, a. Judgment was entered for NPI against the Kmans in the amount of one thousand, three-hundred, ninety-eight ($1,398.00) dollars by District Judge Charles A, Clement on March 23, 1994, for the Kmans' failure to pay rent. LAW OFFICES . LAMB. WINDLE III McERLANE, P.C. . 24EAST MAR~ET STREET . WEST CHESTER. PA 19381.0565 b. The Notice of Appeal of Judgment was flied by the Kmans on April 22,1994. c. The Complaint In this Instant action was flied by NPI on May 12, 1994, The Kmans at no time moved or praeclped for Judgment of non pros against NPI prior to the filing of the Complaint. d, June 2, 1994. The Kmans flied their Answer and New 'Matter to the Complaint on e. NPI flied a Reply to New Matter on June 20, 1994. f, August 25, 1994, NPI served a Certificate of Arbitration Readiness to the Kmans which the Kmans refused to sign. g, On September 6, 1994, the Kmans, without Qettlng permission from Court or NPI to amend their Answer and New Matter. In violation of Rule 1033 of the Pennsylvania Rules of Civil Procedure, flied a Counterclaim containing three counts and 15 paragraphs, h. On September 26, 1994, NPI filed Its Answer to Counterclaim, paragraphs 1 - 11, but by mistake, neglected to respond to paragraphs 12-15, which contained Counts II and III. However, paragraphs 12-15 essentially incorporated the allegations of the 11 previous paragraphs. I. On September 30, 1994, the Kmans presented a settlement proposal to NPI, attached hereto as Exhibit "A," 2 LAWOFRCES . LAMB, WINDLE. McERLANE, P.C, . 24EAST MARKET STREET . WEST CHESTER, PA 19381,0585 j. On October 12, 1994, NPI made a counter proposal to the Kmans' offer attached hereto as Exhibit 'B." k, On October 14, 1994, the Kmans filed an Application for Default Judgment against NPI on the two counts that NPI mistakenly neglected to answer. I, On October 17, 1994, NPI flied Its Amended Answer to Counterclaim, raising I22na ~ defenses to the claims made in paragraphs 12.15. m, The Kmans filed an Application for Entry of Default Judgment on October 14,1994, as to Counts II and 1\1 of the Counterclaim. 2, A default judgment was entered against NPI on Counts II and III of the Kmans' Counterclaim on October 14, 1994, 3. The default judgment on the Counterclaim is void because of the Kmans' failure to comply with Rule 1033 of the Pennsylvania Rules of Civil Procedure relating to the requirement of the Kmans to seek Court approval or securing a filed consent of NPI to amend its Answer and New Matter to include a Counterclaim. 4, NPl's Motion to Open and/or Strike is timely filed and reasonably prompt. 5, The default judgment in the instant matter should be opened because NPI has a good, sufficient and adequate excuse for its failure to respond to Counts \I and 11\ of the Counterclaim, NPl's failure was good faith inadvertence and during a time it was negotiating a potential settlement with the Kmans. 3 LAW OFFICES . LAMB. WINDLE' McERl.ANE, P,C, , 24 EAST MARKET STREET . WEST CHESTER. PA 19381,0565 6. The default was due to an oversight and unintentional omission to act and accordingly, Is reasonably excused, 7. NPI has a meritorious defense to Counts II and III of the Counterclaim, as evidenced by its Amended Answer to Counterclaim, which would require submission of the Issues to a jury. 8, The judgment should be stricken because the Counterclaim in which the Kmans have taken a default judgment Is void ab In/to. having been filed In violation of Pa. R,C,P, 1033, WHEREFORE, NPI respectfully requests that its Motion to Open and/or Strike Default Judgment be granted and this case to proceed to arbitration. Dated: /0' if 9~1 Respectfully submitted, By: 4 LAW OFFICES . LAMB, WINOLE . McERLANE, P,C, . 24 EAST MARKET STREET ~ WEST CHESTER, PI. 193B 1,0565 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI-MANAGEMENT CORPORATION Agent for Society Hili Apartments, Plaintiff, , . : NO, 94.2018 v, MICHAEL KMAN and MELINDA KMAN, his wife, : CIVIL TERM Defendants, AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CHESTER ss I, William Cochran, being duly sworn according to law, hereby depose and say: 1) I am the NPI-Management Corporation Property Manager for Society Hili Apartments, 2) I have reviewed the Motion of Plaintiff NPI Management Corporation to Open and/or Strike Default Judgment and all of the facts set forth therein are true and correct . (; /tM.. -r c..L- William Cochran Swom to and Subscribed Before me this ). M-ay " o~ fch bey ,1994. Ya:tLltt- . NOTARY PUBLIC .............._ I':lotaiis.. ~=lt:'i~FIAlIc MtCa1...Q...,~.....~ , ."-"-"'^ exhibit A Michael J, Kman, Jr. G<ncnI ^_ rrw_........- ,,""............. Kman'(QKman FINANCIAL GROUP P.O. Ilol~ 1003 c.uUsle, PA 11013.6003 (1\1)243.2\4\ September 30, 1994 Nl'I-Management Corporation Agent ~or Society Hill Apartlllents c/o W1l.Uam r. Cochran 150 Bast S_des~ord Road Wayne, l'enu.ylvau1a 19087 Dear Mr. Cochran: OCT 3 1994 l'er our conversation on September 28, d.:tscu.sed tb1s s1tuation in great detail. we can 11ve with the ~ollowing agreement. 1994, lite1.:tnda and I have A~ter all considerat10ns we ~eel Less Les. Less Less $ 1,398.00 $ 631.59 $ 119.25 $ 196.50 $ 45.25 $ 405.16 Nl'I-Management judgement Security Deposit + Interest OVerpayment on Late Fees + Interest Two (2) ElIIergency Room vis1 ts ~or Ashley F.:tlil1g Cost Total In consideration ~or the payment o~ $405.16 and the ackDowledgement that M1cl1ailll .or Melinda JQzzan will ~orego any ~uture act10n (Ashley'S inc.:tdentJ"aga.:tnst Nl'I- Management' arid/or' any o~ -i.t.... a~~i1.:tates, Nl'I- litiiiiagem~t .az:id/or 'any o~ t. t:' s irU11.:tatel!: agrees: that 'all debts, iZicluding l:he above mentioned" judgement,' will be cons1dered sat1s~1ed and that no ~urther retribut10n may be sought. Furthermore, Nl'I-Management and/or any o~ it's' a~~111ates agrees to in~orm wi thin ren (10) days ~rom tbe receipt o~ said monies, in writting (with copies to M1cl1ael and Melinda .KlIIan), :rl1e Cred.:tt Bureau, Inc. and any other credit agency that they may have given a report o~ l:h1s judgement, that the said judgement has been satis~ied in ~ull. Finally, Nl'I-llanagement and/or any o~ it's a~~iliates agrees to re~rain ~rom giving any re~erence to any party regardless o~ ~uture aul:horizations tbat may be sigDed or given by M1cl1ael or Melinda JQzzan. We feel that tbe above amoUDt is a generous o~~er considering we have a very reasonable chance to obtain a judgement o~ NON l'ROS on your original compla.:tnt. You have already admitted that you ~iled your compla.:tnt 22 days a~ter you were served AOl'C 312-84. I~ we do, tbe only claim we would proceed on would be our COUDterclaim wb1cl1 doesn't include any" claim ~or Ashley'S incident. . .., This is ~or settiement purposes only, should a settlement not be reaClied :i1: is'. UD~erstoCid !:.hat we' reta.:tn '~ull:-rights to' CODt::LDue witb..the claimJ as:~~U' as" initiate' otlhtr" claims. as' we see ~~t.::':: >. ,'~'- ' .,'. I" . , .'. _ . ," ~ P.tpramWM. A:lnU 1IMston, Inc,; Forns ~ Gloup. P.o. 801; 2&21. . 51. hut. MIMtsotI "1&4 . ,.800-1O().o263. foRIS HtvtIft'I.Inc. (fUnd ~ SRf 1949'). fbfUs 1nw:s1Drt. Inc. lrnanbn NASD. SIPC'). Focus &tnrftCJ InS\It1tlCtCompany (lsIuaolfTG'S nNbIe lNunncc prodUCUl BPI-HaDageIDeDl: Corporal::l.on c/o IUll:l... 1". COc:hraD Sepl:ember 30, 1994' page 2 . '. ...~.... .. :l'ha.ak you ~or your l::l.me aDd cOD5:l.deral::l.OD. We w:l.ll look ~orward l:o hear:l.ng ~rom you 50OD. ii;:~;e. D.~eDdaz1l:/CoUDl:er-pla:l.nl::l.~~, 1"%0 s. cc: ~:l.l. lI3lC/mk . .' '.' '.- - ----. .. '-.'-" ... .' . Exhibit B Nl:-MANAGEMENT CORPORATION ~c October 12. 1994 Hr. and Hr.. Hichael J. Kman 109 Heals Driv. Carli.l., PA 17013 , - RE. Society Hill Apartment. Apartment 1310 Dear Hr. and Hr.. Kman. Thank you for your recent letter. d.ted Septemb.r 29 .nd S.ptemb.r 30. 1994. If requir.d, BPI-Han.gement Corpor.tion will b. filing .n am.nd.d .n.ver to your count.rcl.UD filed S.pt.mber 6. 1994. W. might .dd th.t we .r. lmpre...d with your .fforta. knowl.dge .nd tlm. exp.nditure .0 f.r d.vot.d to pr.p.rins and filing p.p.rwork rel.ted to this matter. A..uredly you mu.t h.v. more UDportant matter. to d.vote your tUD. to in reg.rd to your new bu.in.... Kman .nd KmaD Fin.nci.l Group. However. ple..e under.t.nd th.t BPI-H.n.gem.nt Corpor.tion i. equ.lly re.olved to .e. the matter of rent collection l.g.lly .nd rightfully due the Corpor.tion for .p.rtm.nt 1310 under the te~ of the 1.... .gr.-=ent to whatev.r .v.ntu.l conclu.ion the court may decide. In r.g.rd to your propo.al to .ettl. the matter out.t.nding for $405.16. plu. .n .greem.nt by you to give BPI-Ken.gem.nt Corpor.tion . g.n.r.l r.l.... from .ny future .ction .g.in.t BPI-Ken.gem.nt Corporation by you .nd Helinda, BPI mu.t d.clin. your propo..l bec.u.e it doe. not .ddr... the rent due for the month of April which the l.ndlord w.. not .ble to obt.in from .noth.r r.nt.r. and in which you are h.ld r..pon.ible. BPI-Kenagement Corpor.tion i. willing to make a counter propo..l for you to cOD.id.r in an attempt to bring. fiD.l conclu.ion. BPI-KeD.gem.nt'. counter- propo..l do.. .ddre.. aD .rea which may be of inter..t to you Which .pr..d. .om. of the fin.ncial burd.n over tUD.. Our propo.al i. .. follow.. $1398.00 630.00 <119.25> <625.00> <196.50> $1087.25 Judgm.nt out.t.ndins for r.nt. l~t. charg.. and filinl fe.. April rent Le.. Overpaym.nt of l.t. f... Le.. S.curity Depo.it L... Emersency Room prec.utionary Vl.lt mrAL Da Of the total amount du., RPI-Kenalemant i. wl11lns to .xt.nd monthly lnstallment. for the r-=elnlns balanc. due of $1087.25. W. propo.. that with an lnltlal .-' ca.h paymant of $500.00, the balanc. of $587.25 can b. pald 1D four (4) ~thly-----. in.tallment. of $100.00 b.slnnlnl on November 20, 1994 and a flnal p.yment of . $187.25 on Kerch 10, 1995. ISO East Swedesford Road. W.yne. PA 19087 (610) 687-S2S0 Fax: (610)971-9429 ''"!:.-- -'- ........ I.', Mr. and Mr.. Michael Iman Pase Two October 12, 1994 W. Cochran REI SHA 1310 The above counter-propo..l repre.enta . compromi.e to provida .om. time for you to come up with th. moni.. due under the 1.... asre~nt, a. w.ll .a recognition for your medic.l exp.n.ea you elected to incur with the Em.ra.ncy Room vi. it. for Ashley. . f.. NPI-Hanaa_ent Corporation r...ina convinced that proceedina with the paper-'- ch... i. pointl..a b.c.u.. . aood .ttorn.y know. a comproai.. to th. ..tiaf.ction' : of aU parti.. c.n b. reach.d. W. hop. you .ar.. and w. look forward to four ...':.... reply. . ;'~;:' -: ~ ." ......:::. .... '...' Sine.rely, NPI-HAlIAGIKDT CORPOllAtI01I f,u;u,,.' =r:Cdu-L-(sd2 William t. Cochr.n . Prop.rtf Han.a.r wrC/.ah eel JLX,!AS, BAY, SLR, File 1310 VIA ~.LI'DD If.UL ...~:' ':-!'.::-" . ....... -.' . ~~.:~ .. .. ........... .......-...-.. ...~.-- .~,~ ~.....~:-'.. ',-. ;.............-,.:.:.:.... ........ , ...".,l.._..._...__......._,-___ . .. . .' :.:~. .. - -..- . ~ .: r:;.~~~~:;:.:~ ~~f.~:::~" ~;~:~~1.~~i.~~~..;:.~.~~~-.:~...-.:~~,~;::~ .~:;:::~~~;:: -:-~:. t~:.::. .:.~;~l~~.:~~.~2i2;~t;~~~~;~t~i:...:.~;:~.I... ..~:..';' .::~~l~~~.;.~~.:~~rI;:-. .. ". '.~'''. .. ... . . . .-."-:.. ''',' ., ....:. .'. . . ~. .., '" . ......' ....;.. ." .....,....:.~ .-. ; '. .-1. ..-:.;....::......~.....' ... .. ..... . ..--.. . "':"~'.~." '''~::r..'' . ...--.... .:,~~;: . ,.:...;c.... '~. .~:P- I . ~ -.. ... -~..--""" L.::~~~.:.. .~~~ ":l.~.. '.-;:'::: .... " -... -... .. . ".- . :-.:.... ..;: ......... ........,,_.... ..--..---..- . .'. _'''~ .....~'...l~.....:......~;....._...~ . ..".......... ..\..... .. ..-... ...... T....ll:....~.-. ~. .:_,~.- ---:-:1':: '~_..'~"'::- ~": Date: /~'l. f.yy NE,P.C. ! , : , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI-MANAGEMENT CORPORATION Agent for Society Hill Apartments, Plaintiff, . . : NO. 94-2018 v. MICHAEL KMAN and MELINDA KMAN, his wife, . : CIVIL TERM . Defendants. CERTIFICATION OF SERVICE I, Guy A. Donatelli, Esquire, hereby certify that true and correct copies of the Motion of Plaintiff to Open and/or Strike Judgment in the above-captloned matter were selVed this day upon the following by first class mall. Michael and Melinda Kman 109 Meals Drive Carlisle, PA 17013 By: LAW OFFICES . LAMB. WINDLE. McERLANE. P.C. . 24 EAST MARKET STREET . WEST CHESTER. PA 19381.0565 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI-MANAGEMENT CORPORATION Agent for Society Hill Apartments, Plaintiff, NO. 94-2018 v. MICHAEL KMAN and MELINDA KMAN, his wife, . : CIVIL TERM Defendants. CERTIFICATION OF SERVICE I, Guy A. Donatelli, Esquire, hereby certify that true and correct copies of the Answer of NPI-Management Corporation, Agent for Society Hill Apartments, to Defendants' Motion for Hearing and Application for Entry of Default Judgment In the above-captioned matter were served this day upon the following by first class mail. Michael and Melinda Kman 109 Meals Drive Carlisle, PA 17013 Dated:~U .1-' if ..;J,. LAMB, WINDLE & McERLANE, P.C. ~ By: LAW OFFICES . LAMB. WINDLE & McERLANE. P.C. . 24 EAST MARKET STREET . WEST CHESTER. PA. 193Bl,0565 -,; >-,.. ~.... ......:0:: ~.. ,-.. :~l" _%c.,..~ .:;O(.)~ &I_TO:> ,'1-.-., .-1 , .......t~ ;_' -oJ'" ...r,Z ~':;:~ .~~' :L no. ...'" o~ :c' a.- ~ N 7" - ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI-MANAGEMENT CORPORATION Agent for Society Hill Apartments, Plaintiff, NO. 94-2018 v. MICHAEL KMAN and MELINDA KMAN, his wife, . : CIVIL TERM Defendants. ANSWER OF NPI-MANAGEMENT CORPORATION, AGENT FOR SOCIETY HILL APARTMENTS. TO MOTION TO DISMISS Pursuant to the Order of the Honorable Kevin A. Hess, dated October 19, 1994, Plaintiff, NPI-Management Corporation, Agent for Society Hill Apartments ('NPI'), answers Defendants' Motion to Dismiss as follows: 1.-12. NPI admits the procedural history set forth in paragraphs 1 through 12 of Defendants' Motion to Dismiss. By way of further response, on or about October 26, 1994, NPI filed a Motion to Open And/Or Strike the default judgment that had been entered-ihy the Kmans. The Kmans' default judgment was entered on a counterclaim which was filed in violation of Rule 1033 of the Pennsylvania Rules of Civil Procedure. A copy of NPI's Motion to Open And/Or Strike the Default Judgment is attached hereto as Exhibit "A." 13. Admitted. 14. Admitted. LAW OFFICES . LAMB. WINDLE & McERLANE. P.C. . 24 EAST MARKET STREET . WEST CHESTER. PA 19381.0565 ~ >- .c>- ;!!; WC")::).. ~~c:.,- f.4..00~ ....:1;0> ?~:z-J ", .'{'>- ~~: ,'_~: ~ ,.n , ...U'.:;,c -...J~jZ' ...,:I.~l;.J ..~ :l: 0.. ~::> ",'-' ~ ... ..., N -=r - ~ ,..:..... rot ' 15. Denied. Pa. R.C.P.J.P. No. 1001 (7) does not require NPI to file a Complaint within twenty (20) days after service of the Rule. On the contrary, Pennsylvania Rule of Civil Procedure 1037 governs the procedure to be taken by Appellant in the event that Appellee does not file a Complaint within twenty (20) days after the service of a Rule. Rule 1037 (a) provides: If an action is not commenced by a complaint, the prothonotary, upon praecipe of the defendant, shall enter a rule upon the plaintiff to file a complaint. If a complaint is not filed within twenty days after the service of the rule, the prothonotary, upon praecipe of the defendant, shall enter a judgment of non-pros. In the instant case, the Kmans did not praecipe for a judgment of non- pros as required by Rule 1037 (a). 16. Admitted. However, the Complaint was not subject to dismissal for non- pros because of the Kmans' failure to praecipe for such a result. 17. Admitted. However, the Kmans' procedural objections were out of time and not the proper method by which to strike the Complaint. Once NPI had flied its Complaint, the Kmans were barred forever from raising the issue raised In this Motion. By way of further response, Defendants did not raise the procedural objection by Preliminary Objection, but rather answered the Complaint, thereby forever waiving that objection as well. 16. Denied as set forth above. LAW OFFICES . LAMB. WINDLE I!o McERLANE. P.C. . 24 EAST MARKET STREET . WEST CHESTER. PA 19381,0565 ,'" "~."','~,. ,......"........--.. WHEREFORE, it is respectfully requested that the Kmans' Motion to Dismiss be denied. Dated: Respectfully submitted, LAMB, WINDLE & McERLANE, P.C. By' /fk~.e2 Attomey 1.0. No. 44205 24 E. Market Street, P.O. Box 565 West Chester, PA 19381-0565 (610) 430-8000 LAW OFFICES . LAMB. WINDLE & McERLANE. P.C. . 24 EAST MARKET STREET . WEST CHESTER. PA. 19381-0565 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI-MANAGEMENT CORPORATION Agent for Society Hili Apartments, Plaintiff, NO. 94-2018 v. MICHAEL KMAN and MELINDA KMAN, his wife, . : CIVIL TERM Defendants. AFFJDA VIT COMMONWEALTH OF PENNSYLVANIA: ss COUNTY OF I, William Cochran, being duly sworn according to law, hereby depose and say: 1) I am the NPI-Management Corporation Property Manager for Society Hili Apartments. 2) I have reviewed the Answer of NPI-Management Corporation, Agent for Society Hill Apartments, To Motion To Dismiss and all of the facts set forth therein are true and correct. IJ~T~ William Cochran Sworn to and Subscribed Before me this LI'IlI day of '/7.Cl!011'{"'~L, 1994. .,/) (/ \ (~. ,((tf.,I.;ull.fl (a,. NOTARY P II t","~i~ ~:'\l:\"\' P.~~c .ka.r'\r.ct\!JH.TI.,'...:1~,.; 'P'u~ C'a--.......'or8o!"....,C-l\<..-;' ....... Wc<\ ~lE,f><t)SI.\;.12'. 10..) MyCU o' ..... t-o\el_,P"IlS'r1v.lfl3~' LAW OFFICES . LAMB. WINDLE 1Io McERLANE. P.C. . 24 EAST MARKET STREET . WEST CHESTER. PA 19381.0565 .\1 ~'.""'~"_'V' 'aDHI""'G It>" 101'_","" @ NPI-MANAGEMENT CORPORATION Agent for Society Hili Apartments, Plaintiff, . . : NO. 94.2018 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL KMAN and MELINDA KMAN, his wife, . . : CIVIL TERM Defendants. ORDER AND NOW, this day ,1994, upon consideration of the within Motion of Plaintiff NPI Management Corporation to Open and/or. Strike Default Judgment it Is hereby ORDERED that the relief requested by Plaintiff Is GRANTED and the default judgment Is opened and/or stricken. BY THE COURT: J. MICHAEL KMAN and MELINDA KMAN, his wife, . . : CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI-MANAGEMENT CORPORATION Agent for Society Hili Apartments. Plaintiff, . . : NO. 94-2018 v. Defendants. MOTION OF PLA!NTIFF NPI-MANAGEMENT CORPORATION TO OPEN AND/OR STRIKE DEFAULT JUPGMENT Plaintiff NPI-Management Corporation ("NPI") seeks to open and/or strike the default judgment entered by the Defendants Michael and Melinda Kman ("the Kmans"). As set forth more fully below, the entry of a default judgment arose out of a long and tortured procedural history and should be stricken. 1. This matter arises from NPI's attempts to collect from the Kman's delinquent rent. The Kmans were tenants at the Society Hili Apartments ("the Apartments") and failed to pay rent and late charges in the amount of one thousand, three-hundred, ninety-eight ($1,398.00) dollars. NPlls the management company for the apartments. As set forth below, the procedural posture of this case Is as follows. a. Judgment was entered for NPI against the Kmans In the amount of one thousand, three-hundred, ninety-eight ($1,398.00) dollars by District Judge Charles A. Clement on March 23, 1994, for the Kmans' failure to pay rent. LAW OFFICES . LAMB. WINDLE" McERLANE. P.C. . 24 EAST MARKET STREET . WEST CHESTER. PA 19381.0565 b. The Notice of Appeal of Judgment was filed by the Kmans on April 22,1994. c. The Complaint In this Instant action was filed by NPI on May 12, 1994. The Kmans at no time moved or praeclped for judgment of non pros against NPI prior to the filing of the Complaint. d. June 2, 1994. The Kmans filed their Answer and New Matter to the Complaint on e. NPI filed a Reply to New Matter on June 20, 1994. f. August 25, 1994, NPI served a Certificate of Arbitration Readiness to the Kmans which the Kmans refused to sign. g. On September 6, 1994, the Kmans, without getting permission from Court or NPI to amend their Answer and New Matter. In violation of Rule 1033 of the Pennsylvania Rules of Civil Procedure, flied a Counterclaim containing three counts and 15 paragraphs. h. On September 26, 1994, NPI flied Its Answer to Counterclaim, paragraphs 1 - 11, but by mistake, neglected to respond to paragraphs 12-15, which contained Counts II and III. However, paragraphs 12-15 essentially Incorporated the allegations of the 11 previous paragraphs. i. On September 30, 1994, the Kmans presented a settlement proposal to NPI, attached hereto as Exhibit "A." 2 LAW OFFICES . LAMB. WINDLE' McERLANE. P.C. . 24 EAST MARKET STREET . WEST CHESTER. PA 19381,0585 j. On October 12, 1994, NPI made a counter proposal to the Kmans' offer attached hereto as Exhibit 08.. k. On October 14, 1994, the Kmans flied an Application for Default Judgment against NPI on the two counts that NPI mistakenly neglected to answer. I. On October 17, 1994, NPI flied its Amended Answer to Counterclaim, raising bmlilfum defenses to the claims made in paragraphs 12.15. m. The Kmans filed an Application for Entry of Default Judgment on October 14, 1994, as to Counts II and III of the Counterclaim. 2. A default judgment was entered against NPI on Counts II and III of the Kmans' Counterclaim on October 14, 1994. 3. The default judgment on the Counterclaim is void because of the Kmans' failure to comply with Rule 1033 of the Pennsylvania Rules of Civil Procedure relating to the requirement of the Kmans to seek Court approval or securing a flied consent of NPI to amend its Answer and New Matter to include a Counterclaim. 4. NPI's Motion to Open and/or Strike is timely filed and reasonably prompt. 5. The default judgment in the instant matter should be opened because NPI has a good, sufficient and adequate excuse for its failure to respond to Counts II and III of the Counterclaim. NPI's failure was good faith inadvertence and during a time It was negotiating a potential settlement with the Kmans. 3 LAW OFFICES . LAMB. WINOLE . McERLANE. P.C. . 24 EAST MARKET STREET .' WEST CHESTER. PA 19381,0585 6. The default was due to an oversight and unintentional omission to act and accordingly, is reasonably excused. 7. NPI has a meritorious defense to Counts II and III of the Counterclaim, as evidenced by Its Amended Answer to Counterclaim, which would require submission of the Issues to a jury. 8. The judgment should be stricken because the Countorclalm In which the Kmans have taken a default judgment Is void ab inito. having been filed in violation of Pa. R.C.P. 1033. WHEREFORE, NPI respectfully requests that its Motion to Open and/or Strike Default Judgment be granted and this case to proceed to arbitration. Dated: Ie '~~9~( Respectfully submitted, By: 4 LAW OFFICES . LAMB. WINDLE' McERLANE. P.C. . 24 EAST MARKET STREET . WEST CHESTER. PA 19381,0565 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI.MANAGEMENT CORPORATION Agent for Society Hill Apartments, Plaintiff, . : NO. 94-2018 v. MICHAEL KMAN and MELINDA KMAN, his wife, . : CIVIL TERM Defendants. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CHESTER ss I, William Cochran, being duly swom according to law, hereby depose and say: 1) I am the NPI-Management Corporation Property Manager for Society Hill Apartments. 2) I have reviewed the Motion of Plaintiff NPI Management Corporation to Open and/or Strike Default Judgment and all of the facts set forth therein are true and correct . (;~ -r: ~ WIlliam Cochran Swom to and Subscribed Before me this ;. May o~ fc-h Pt.., ,1994. Yra:tctt . NOTARY PUBLIC 1---" ".......... ~SeII W;=~~1\llIc I.ttCo....:Il....,~19i~ . Exhibit A Michael I. Kman. Ir. GcnnaI ^FJll "" --.......... qf 1.(0 .-....... Kman'(QKman FINANCIAL GROUP P.O. Il<lx 1003 C,ullsle. P^ 17013.6003 (717) 243.2141 September 30, 1994 NPI-M&Dagement Co%poration Agent ~or Society Hill Apartments c/o 1U1.Uem 1'. COc::b.rlLD 150 Bast Swedes~ord Road Wayne, 2enasylvaaia 19087 Dear Hr. Coc::b.r&D: Per our conversation on September 28, 1994, Melinda &Dd I have d.iscussed t.h.is situation in great detail. A~ter all considerations we ~eel we C&D live with the ~ollowing agreement. oct 3 1994 Less Less Less Less $ 1,398.00 $ 631.59 $ 119.25 $ 196.50 $ 45.25 $ 405.U N2I-M&Dagement judgement Security Deposit + Interest Ove%payment on Late Fees + Interest Two (2) ElIIergency Room visi ts ~or AShley FHiztg Cost 1'0 tal In consideration ~or the payment o~ $405.16 &Dd the aCJa20wledgement thaI; H.ic.haCtl or Melinda JtIIIlLD will ~orego lLDY ~uture action (ABbley's inc,ident:)"'against m>I- M&Dagement' andlor' any o~ 'it'~s a~~iHates, N2I- li&iiagem(m.t .azid/or '~y o~ ;I:'s id~il.ilit:'e~:ligrees 'that 'all debts, ilicluding the above mentioned' judgement,' will be considered satis~ied &Dd that no :further retribution may be sought. Furthermore, m>I-M&Dagement &Dd/or any o~ it's a~~iHates agrees to in~orm within Ten (10) days :from the receipt o~ said monies, in writting (with copies to H.:I.cl1ael &Dd Melinda JQD&D), :r.he cred.it Bureau, Inc. &Dd &DY other credit agency tbat they may have given a report o~ t.h.is judgement, that the said judgement has been satis~ied in :full. Finally, m>:r-llaDagement &Dd/or any o~ it's a~~iliates agrees to re~rain ~rom giving &DY re~erence to &DY party regardless o~ ~uture authorizations that may be signed or given by H.:I.cl1ael or Melinda JtIIIan. We ~eel that the above amount is a generous o~~er considering we have a very reasonable cl1&Dce to obtain a judgement o:f NON 2ROB on your original complaint. You have already adm.:Ltted that' you ~iled your COIIIplaint 22 days a~ter you were served A02C 312-84. I~ we do, the only claim we would proceed on would be our Counterclaim whicl1 doesn't include &DY' claim ~or ABbley's incident. . .... 7'1Us is ~or setti.ent purposes only, should a settlement not be reaC:.l:lei:l:it: is: uni:ferstood ~at we' retain '~ull:.r:Lghts' to" coiit"iilue with" the claimJaB: well' as: ini tiatit'o.tJier' claims' as" "e se. ~i.t."." . ; .,.;'.' . . ,;.. .,. '" , '. ." - ~... '. ., . . .. , ,'..: '., ..' ':' " . ," ',', .. ,. . '.. ~ 1l<pIacn....... _ -.. InC.; """" f1nInd.Il G<oup. P.O. IloIl Z6U4 . Sl.I'auI. _ SSI64 . I.eoo-eoo-ZUI _ _. InC. (1\llllI1lIINpnlaII """ 194.,. _1_. Inc. (_ NASO. SlI'Cl. """" ItndluInS\nncl C,,,"JllllY t- of Fro', _11IIIIRllC. p!OdU<U1 - Nl'I-Na.aagU1eDt Co%porat10n c/o JUJ.l1.. 1". Coc:hrlul Septlllllber 30, 1994. Page 2 . ':~''''' . T.han1l: you ~or your t;Lme and eons1derat10n. w. rill look torward to .hear:Lng ~rOl4 you soon. F1~:~B. De~eDdlu1t/CoUZJter-pla1nt1t~, 1IrO Se ee: t11e NJX/m1c .-..--... . exhibit B ~-MANAGEMENTCORPORATION ~c Octob.r 12, 1994 Kr. and Krs. Kicha.l J. Kman 109 Keall Drive Carli.le, PA 17013 \ -- REI Soci.ty Hill Apart..nt. Apart..nt #310 D.ar Kr. and Kr.. Kmanl Thank you for your r.e.nt l.tt.r. dat.d S.ptember 29 and S.pt..ber 30, 1994. If r.quir.d, NPI-Kanag...nt Corporation will be filing an ...nd.d an.wer to your count.rclaim fil.d S.pt..b.r 6, 1994. W. .ight add that w. are impr....d with your .fforts, knowl.dge and time exp.nditur. .0 far d.vot.d to pr.paring and filing paperwork r.lated to this matt.r. A..ur.dly you mu.t have .or. important matt.r. to d.vote your time to in r.gard to your n.w bu.in..., Kman and Km&n Financial Group. How.v.r, plea.. und.r.tand that NPI-Kanag...nt Corporation i. .qually r..olv.d to ... the matt.r of rent eoll.etion l.gally and rightfully due the Corporation for apartm.nt 1310 und.r the t.rm. of the lea.. agr....nt to whatever .v.ntual conelu.ion the court may deeid.. In regard to your propo.al to s.ttle the matt.r out.tanding for $405.16, plus an agr....nt by you to give NPI-Kanag..ent Corporation a g.neral relea.e from any future action again.t NPI-Kanag...nt Corporation by you and K.linda, NPI mu.t d.elin. your propo.al b.cau.. it do.. not addr... the r.nt due for th. month of April which the landlord was not abl. to obtain from another r.nter, and in which you are h.ld r..pon.ible. NPI-Kanage..nt Corporation i. willing to make a counter propo.al for you to con.id.r in an attempt to bring a final eonelu.ion. NPI-Hanaaam.nt'. eounter- propo.al do.. addr... an ar.a which may be of int.rest to you which .pread. .ome of the financial burden over time. Our propo.al ia aa follow. I $1398.00 630.00 <119.25> <625.00> <196.50> $1087.25 Judgm.nt out. tanding for rent, late charge. and filing fee. April rant L... Ov.rpayment of late f.e. Le.a Security Depoait Le.a Emergency Room Pr.cautionary Viait 'IOUL DO Of the total lImOunt due, NPI-Hanag_nt is willing to extend .onthly inatallments for the remaining balance due of $10S7.25. We propo.e that with an initial . .._ ea.h payment of $500.00, the balance of $587.25 can be paid in four (4) monthly-----. in.tallmenta of $100.00 beginning on November 20, 1994 and a final payment of . $187.25 on March 10, 1995. 150 East SwedesConl Rold. Wayne. PA 19087 (610) 687.5250 Fax: (610) 971-9429 '--:0;.-- ..~.~ .- ,...- Kr. .nd Kr.. Kieh..l lman Pase two Oetob.r 12, 1994 W. Cochr.n REI SRA 1310 the .bove eounter-propo.~l r.pr...nta a eompromi.. to provide .om. tim. for you to come up with the moni.a due under th. 1.... .sr...~nt, a. w.ll aa r.cognition for your medical .xp.n.e. you .l.ct.d to incur with the Em.ra.ney Room vi. it. for Ashl.y. .' .. -~. .. HPI-Kanaa...nt Corporation r...ina eonvine.d that proe..dina with the pap.r .. cha.. i. pointl... b.eau.. a aood attorn.:y know. a eompromi.. to th. .ati.faction" . of all parti.a can b. r.aeh.d. W. hop. :you aau. and w. look forward to :your ..., '.:.':' reply. . ; ~;:. ':'. ,,'..'::~.. ".. .....' Sinc.rely, NPI -KAlfAGllKENT CORPOllA'rI01I f.u;u,~=r:Cd.u-~(sd2 William t. Cochr.n . Prop.rt:y Kanaa.r wrC/uh eel JLX,!AS, BAY, SLK, Fil. 1310 VIA ~....DD DIL . .,., . .....:-:" ':-,:,,~ ..... , '-' . . .".:~ .. .. .,'....... ......"...-.. -'~.-- ,.. .~,~~..-..-;:o-... ,_................~.:.:..:w'....,.' ','" .....".,l...____.._-'..._.__,-__. . .. . .. .". .' :. :1.:; . .',. . '.. .. ..,'. '. ~.: r~~~:~~~:-::.:~ ~~:t~:::~. ~.~!~;1'~';:.;:;.~~~.I~::.~.-'~'.-.:~,.~~:.-.:':~ ::;,~t;~~: -:-~:, ~~;~~. ~~~;:..:~~~gi~~r~~~;~i:F~::.:I.. :.~::.,.;. .::~7~~~~.~:.:. ~~~.;;:. ..... '...... '.. '. . . oo.- ""-:.. ',' .': '..,:.. ' . ~.. _'; ......' .....,:....::!:.:.'.-....-~. ~'I, ..;-:.~:.:':...,...~.,:.. .... . ...~..., 0., . .. ,- , ..--.. , '.'-" '.. ....-.., "':':::':-,.' , -......,. .~~-..:;:. -.:..~', '~'~pl. . -..... ..,. ,..-....... ~'::~~.t.:. ......,.,,,'.'.- .---- ,..;;.~ ....:..:. ....... . . ," ,.. " .. --.'OO _.., .. . '''.-- ":: ~. ~,.,.. ~':'" ,,' .=--..... '.--.. --..----:--... - .....', . .--.. __._ ."-_0'''' _.__ .~ '.. :41,.\......,. ...:~;......_.._~ ~'.' .....'....,. ..\. '.' ..... T.....~~'_. ";. .:~-i~"- ~:: ,~_...~"'f-:=- ~-:: t;.....'.'__~',...,_....... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI.MANAGEMENT CORPORATION Agent for Society Hili Apartments, Plaintiff, . . : NO. 94.2018 v. MICHAEL KMAN and MELINDA KMAN, his wife, . . : CIVIL TERM Defendants. QE~TIFICATION OF SERVICE I, Guy A. Donatelli, Esquire, hereby certify that true and correct copies of the Motion of Plaintiff to Open and/or Strike Judgment In the above-captioned matter were served this day upon the following by first class mall. Michael and Melinda Kman 109 Meals Drive Carlisle, PA 17013 Date: /~'l. J.yy NE,P.C. By: LAW OFFICES . LAMB. WINOLE . McERLANE. P.C. . 24 EAST MARKET STREET . WEST CHESTER. PA 19381,0565 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI-MANAGEMENT CORPORATION Agent for Society Hill Apartments, Plaintiff , NO. 94-2018 v. MICHAEL KMAN and MELINDA KMAN, his wife, . : CIVIL TERM Defendants. CERTIFICATION or- SERVICE I, Guy A. Donatelli, Esquire, hereby certify that true and correct copies of the Answer of NPI-Management Corporation, Agent for Society Hill Apartments, To Motion To Dismiss In the above-captioned matter were served this day upon the following by first class mail. Michael and Melinda Kman 109 Meals Drive Carlisle, PA 17013 ~ .> LAMB. WINDLE & McERLANE, P.C. By' ,~w1 Dated: /I. ~ . PI I LAW OFFICES . LAMB. WIN OLE & McERLANE. P.C. . 24 EAST MARKET STREET . WEST CHESTER. PA 19381,0565 ! 6; - :c' 0- .... "" N >-... ...... oC-..: ~.~ ~~ ~ ".Jt'- ~ -ot"......., i: X-Q,:> ot-r..;! ., ,.,. . '~;~ .... 1.-12: "_:':::JhJ , :. :;r.G. => 0<<..) -::r S :z: . . . NPI-MANAGBNBNl' CORPORATION AGBN'l' FOR SOCIETY HILL APARTNBNrS Pla;Lnt:i~~ : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA . . . . : No. 94-2018 . . v. . . . . MICHABL J. KHAN, JR. and MBLINDA M. KHAN : ARBITRATION MATTER . . . . . . Defendants . . DR'RDnIlME OF IIT,."JlR'r. JlIIm IfRr.Tllmll lCIDtN. 2'0 PLAINTIFF' S ABBIfBR 2'0 APPLICATION FOR BIlJ'l'RY OF DBFAI7LT .TrmnIIR'PoPr arm JIO'l'ION FOR rrR'JlDr!IIG Pursuant to the Order of the Honorable Kevin A. Hess, dated October 17, 1994, Defendant's Michael and Melinda Kman respond to Plainti~fs' answer to Application For Entry Of De~ault Judgment and Motion For Hearing. PRELIMINARY STATBNBNl' Michael and Melinda Kman vigorously disagree with the averments made by the Plaintiffs' in its Answer to Application For Entry Of De~ault Judgment and Motion For Hearing. Defendant's request Plaintiff be held strictly to the Verified averments made therein. Defendant's incorporate their Answer to Plaintiffs' Motion to Open and/or Strike Default Judgment, copy attached as Exhibit "A", by reference as if fully set forth. Further, plaintiff's answer was submitted by a third party who has not entered their appearance in regards to this matter. -1- I' - "~..,., i .,'."..,.".',j .m.~ RESPONSE TO ANSWER FOR BNTRY OF DEFAULT JUDGHBNT 1-6. De~endant's ac.lcnowledge plainti~~s' admittance. 7. Denied. Plaintiff and Counter-Defendants' failed to object to the filing of the Counterclaim, instead by answering Count I of said claim they forever waive right to that objection. 8-10. Defendant's ac.lcnowledge plaintiffs' admittance. 11-13. Denied as stated. Discussions of a potential settlement in no way extends the required time to file an answer. Further, on September 29, 1994, Defendant's sent a letter to the Plaintiff, a copy of which is attached hereto as Exhibit "S", which specifically states in paragraph five (5), " Per our conversation on September 28, 1994, I will forward under separate cover a settlement proposal. I want to be very clear that you did not request and I did not agree to any extension of time to correctly respond to our Counterclaim. In fact, I informed you that I filed the Ten-Day Notice and any settlement discussions would take place concurrently with this action proceeding according to Local and PA Rules of Civil Procedure." 14. Denied. Plaintiff answered only paragraphs 1 through 11 which constitute Count I. Further, Plaintiff then improperly filed an Amended Answer to the Counterclaim without a filed consent of the Defendant and Counter-Plaintiff's and/or the Court. Said improper Amended Answer was filed on October 17, 1994, after the .reman's filed the Application For Entry Of Default Judgment. 15. OBJECTION. Plaintiffs' answer is in violation of Rule 1029(b) of the PA R.C.P. To the extent it is taken to be factual, -2- it is denied. Defendant's incorporate their answers to paragraphs 1-14 herein by reference as if fully set forth. PlHEREFORE, Defendant's, Michael and Melinda IOnan, pray this Honorable Court find in favor of the Defendant's and against the Plaintiff, NPI-Management Corporation, and Order the Application For Entry Of Default Judgment be held and their Motion for Hearing to access damages be granted. RESPONSE TO ANSWER TO MOTION FOR HEARING 1. Denied. To the contrary, the Application For Entry Of Default Judgment was timely and proper and further has been entered by service of Praecipe upon the Cumberland County Prothonotary. 2. Defendant's Michael and Melinda IOnan incorporate their Answer to Plaintiff and Counter-Defendants' Motion to Open and/or Strike the Default Judgment as well as its Response to Answer to Application For Entry Of Default Judgment and Motion For Hearing copies attached hereto as if fully set forth as their answer to paragraph two. PlHEREFORE, Defendant's Michael and Melinda IOnan, respectfully requests their Motion For Hearing be granted and scheduled. Respectfully submitted, Date: "h/4" . -3- BY: Mich el J. IOn , Jr. 109 Meals Drive Carlisle, Pennsylvania Defendant's Pro Se (717) 243 -4321 17013 .,........'~-- .. -------...- VERIFICATION The language o~ the ~oregoing document is that o~ my own, I have read and dra~ted the ~oregoing document and it is true and correct to the best o~ my knowledge, in~ormation and belie~. I understand that any ~alse statements made herein are subject to the penalties o~ 18 Pa. C.S. Section 4904, relating to unsworn ~alsi~ication to authorities. Date:~ By. d,...k..1 'fJ!.. 7i . Michael J. JQn , Jr. CERTIFICATE OF SERVICE I, Michael J. Kman, Jr., certify that a true and correct copy of Defendant's RESPONSE TO PLAINTIFFS' ANSWER TO APPLICATION FOR ENTRY OF DEFAULT JUDGNENT AND MOTION FOR HEARING was served upon the following by placing the same in the United States mail, postage prepaid and addressed to the addresses below; this 7th day of November, 1994: NPI-Management Corporation Agent for Society Hill Apartments c/o William T. Cocbran 150 East Swedes ford Road Wayne, Pennsylvania 19087 and Guy A. Donatelli, Esquire c/o Lamb, Windle & McErlane, P. C. 24 East Market Street P.O. Box 565 West Chester, Pennsylvania 19381-0565 By . M chael J. Km , Jr. Plaintiff, Pro Se 109 Meals Drive Carlisle, PA 17013 BXHIBI'l' -A- ,'.. n""~,,",W,":v,'~ "--, . NPI-NANAGBNBN'l' CORPORATION AGBN7' FOR SOCIBTY HILL APARTNBN'l'S Pla:Lnt:Uf : COURT OF COMMON PLBAS : CUMBBRLAND COUNTY, PA . . . . : No. 94-2018 . . v. . . . . MICHABL J. KMAN, JR. and IIBLINDA M. KMAN : ARBITRATION NATTBR . . . . . . Defendants . . AJvS19a<< TO PLAINl'Il'J'S' IIOTION TO OPEN ~rm/OR S'l'1lIlCB DEFAULT .-mntDnrIIJ'J' 1. Defendant and Counter-Plaintiff's admit only that they were tenants at the Society Hill Apartments. The remainder of paragraph one is denied as a conclusion of law to which no answer is required. To the extent it is taken to be factual, it is denied. a. Defendant's admit that judgment was entered by District Justice Charles A. Clemente on March 23, 1994. However, it is specifically denied that judgment was for failure to pay rent, further, it has been noted and admitted by Plaintiff that said judgment was ~ absentia of Defendant Michael J. 1Qnan, Jr. b. Denied. Defendant's aver, to the contrary, the Notice of Appeal of Judgment was filed by the Defendant's on April 20, 1994, copy attached hereto as Exhibit "A". c. Admitted. d. Admitted. -1- 1""""'--=,--- e. Admitted. Further, it is noted that Plainti..ffs' failed to serve a copy of said Reply to New Matter as directed by the PA R.C.P. f. Admitted. However, Plaintiff failed lIl1d continues to fail to meet all the requirements necessary to proceed wi..th a -Certificate of Arbitration Readiness-. Further, Defendlll1t's notifi..ed Plaintiff of it's failure to meet all the requirements necessary to proceed in their letter to Plaintiff dated September 29, 1994 attached hereto as Exhibit "S". g. It is admitted that the Defendlll1t's filed a Counterclaim. However it is denied that said Counterclaim was in violation of PA. R.C.P. Rule 1033, and further aver that by fili..ng lIl1 Answer to said Counterclaim Plainti..ff forever waives its right to that objection. h. It is admitted that Plaintiff and Counter-Defendlll1ts' failed to lIl1swer paragraphs 12 - 15. It is denied that paragraphs 12 - 15 "essenti..ally" incorporated the allegations of the 11 previous paragraphs. The document speaks for itself. i... OBJECTION. Letters for the purpose of settlement discussions are not admissible to the matter discussed. To the extent they are taken to be factual they are admitted. However, Plaintiffs' verbally rejected offer via the same telephone conference that created the letter but Plainti..ff requested Defendan t' s pu t offer in wri ting lIl1yway. Further, Defendlll1 t' s made -2- it perfectly clear, in their above referenced letter to plaintiff dated September 29, 1994, paragraph five (5), that any discussions would proceed without time extensions for an Answer to their Counterclaim. j. OBJECTION. Letters for the purpose of settlement discussions are not admissible to the matter discussed. To the extent they are taken to be factual they are admitted. However, Defendant's rejected plaintiffs' counter offer that same day, October 12,1994, two days before filing Application For Entry Of Default Judgment. Any settlement discussions were unsuccessful and ter.minated on October 12, 1994. Further, Defendant and Counter- Plaintiff's filed a Praecipe to Enter Default Judgment on October 14, 1994. k. Defendant and Counter-plaintiff's admi t they filed an Application for Entry of Default Judgment on October 14, 1994 on the two counts that plaintiff and Counter-Defendant failed to answer, however, deny the remaining allegations as they are irrelevant and without legal merit. 1. Admitted. However plaintiff didn't have the per.mission of the Defendant'S or the Court to file an Amended Answer, further, the Amended Answer was filed nineteen (19) days after service of the Ten-Day Notice and after praecipe was served to Enter the Default Judgment. Further, the untimely and improper Amended Answer was filed on the same day the Honorable Judge Hess Ordered a Rule to Show Cause for the Motion For Hearing to access damages. -3- m. Admitted. 2. Admitted. 3. Denied. Plaintiff did give consent as demonstrated by its failure to file an Objection and subsequently filing an Answer. Further, due to Plaintiffs' answer they are forever barred form bringing an objection to the Counterclaim. 4. Denied as a conclusion of law. Further, Plaintiff failed to serve Defendan ts wi th a copy as demanded by PA R. C. P. . 5. Denied. To the contrary, Plaintiff was informed that any discussions would proceed without extensions of time. Paragraph l(i) herein is incorporated by reference as if fully set forth. Further, Plaintiff's "mistake" and "inadvertence" to filing the Answer on time is specifically denied. Plaintiff was notified of it's failure to properly file said answer in paragraph four (4) of the above mentioned Exhibit A before Defendant's filed the Ten-Day Notice. Further, Plaintiff continued to fail to properly and timely file an Answer after receiving said Ten-Day Notice. 6. Denied. Defendant's aver, to the contrary, plaintiffs' failure to file an Answer is not reasonable as even if it initially was an oversight they were informed of their 'oversight' before they were in Default, and they continued to fail to remedy the problem by filing an answer. Paragraph 5 herein is incorporated by reference as if fully set forth. It wasn't until a Default Judgment was applied for and entered that Plaintiff took action. -4- Date: ,'l'("4 Respectfully submitted, BY: J. I J - I f.... ,-/ "'. Micffii~. 3!l~r~ 109 Meals Drive Carlisle, Pennsylvania 11013 Defendant's Pro Se (111) 243-4321 . . 1. Denied. plaintiff had the opportunity to file any defenses pursuant to PA R.C.P. and failed to do so, further, they continued to fail to do so even after a good faith reminder by the Defendant's. plaintiff is forever barred from making a defense after the fact as per PA R.C.P. and therefore the Default Judgment should be held. 8. Denied. Paragraphs 1-1, specifically l(g) and 3, herein are incorporated by reference as if full set forth. WHEREFORE, Defendant's, Michael and Melinda 1CIIIan, request this Honorable Court deny Plaintiffs' Motion to Open and/or Strike Default Judgment and grant a Hearing to access damages. -5- VBRIFICA2"ION 2"be language of the forego:J.ng document :J.s tbat of my own, I bave read and drafted tbe forego:J.ng document and :J.t :Ls true and correct to tbe best of my knowledge, :J.nformat:Lon and bel:Lef. I understand tbat any false statements made bere:J.n are !lubject to tbe penalt:J.es of 18 Pa. C.S. Sect:Lon 4904, relat:Lng to unsworn fals:J.f:Lcat:Lon to autbor:Lt:Les. Date: II 1 q By.-f:k'.1J ~ . . II:L bael J..IQn , Jr. M_-f'~~("",,~ CERTIFICATB OF SERVICB I, M:Lchael J. Kman, Jr., cert:Lfy that a true and correct copy of Defendant's ANSWER TO MOTION TO OPEN AND/OR STRIlCB DBFAULT JUDGMBN'l' was served upon the follow:Lng by plac:Lng the same :Ln the Un:Lted States ma:Ll, postage prepa:Ld and addressed to the addresses belowl th:Ls 7th day of November, 1994: NPI -Managemen t Corpora t:Lon Agent for Soc:Lety H:Lll Apartments c/o W:Lll:Lam T. Cochran 150 Bast Swedes ford Road Wayne, Pennsylvan:La 19087 and Guy A. Donatell:L, Bsqu:Lre c/o Lamb, W:Lndle & McBrlane, P.C. 24 Bast Market Street P.O. Box 565 West Chester, Pennsylvan:La 19381-0565 By . M:L hael J. Pla:Lnt:Lff, Pro Se 109 Meals Dr:Lve Carl:Lsle, PA 17013 " BXHIBI'l' -A- t,. -, ""';,',,ftJir....;.' COMMoHWIAtfH O. ~INNSTLYANIA COU.' Ot COM_N PUA' NOTICE OF APPEAL J.O ",< FROM 11 ff)\ DISTRICT JUSTICE JUDGMENT 94-2018 Civil T~r.m JUDICIAL Dllfller , COMMON 'LlAI No. NOTICE OF APPEAL Nolle. II gI-. lhat the appollant ha, Iilod In the above CaUft 01 Common PI.a, an """eal Iram the judgmenl rendered by lhe Dl,trkl Ju,lke an the dato and In the ..... montlonod """"" i 1_' h ! ; \1:,; I -I-t) . A4 ~1A,.J t11/~M~1 I 7tJ I / '/11 ~~t' .I 1008& tI.r. Ndlttli 6/ AIliltOI. WIMiil iecelwd by the OJ,lrkt Ju,ti.e. will operat. 01 a SUPERSEDEAS k111w' J~ lot Pd"..sion In IhI, .0'" appel/all was CLAIMANT (see Pa. n.c.P.J.P. No. 1001 (6) In acllon before Dlslrlct Justice, he MUST FILE A COMPLAINT within twenty (20) days alte, filing his NOTICE of APPEAL. ',',. Signalutu 01 PmlhonoIDlY a Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE 100 I (7) in action before Dlstricl Jusllce. (ThI& slll:l/orl tjf Iilnn 10 be used ONL V when appel/ant 1I'tIS DEfENDANT (see Pn. nc.p.J.p. No. IF NOT USED. delBch from ~ of notice of eppeal 10 be selVed upon IIfJpOllee). PRAECIPE, To Prothonotary ~ruloupon NPI 1'111",11)01 -;; ('(f.'Pf' I. NBmc 01 "",,1JtJe(., ICanvnon Pleas Nn 94-2018 CiYil TeJ:1ll 116 fJ.. T . appeOee(s). 10 file a complaint In thll appeal ) wilhin twenly (20) days al'er ,ervice 0 ( ~ RULE, To Alp;r 111/1 - (") ..:..J 1V~.r. I C"/ . appen..(,). Nlme 01 sJ {.' .rtmey Of 1tQf"t1' (1) You are notified thaI a rulo II hor-oby entered upon you 'a fill a complainlln this appeal within lwenty (20) dayl a/'~ tho dale 0/ _vlte 0/ this rule upon you by "",,onaI ,ervke or by certirlOd '" reglst....d "",,1 . (211/ you do nol file 0 complaint within this limo. a JUDGMENT Of NON PROS WIll BE ENTERED AGAINST YOU. (31 The dote olservko 0/ Ihls rule If service was by 1110I1 is the do'" of "",,1ing. Dale: ~r. 20. .19---'.4 ot_yallfyJcdy ! '\J MPC31'-84 B1CHISI'l' -S- .. F I L E September 29, 1994 NPI-Management Corporation Agent for Society Hill Apartments clo WiIIlwn T. Cochran ISO East Swedes ford Road Wayne, Pennsylvania 19087 In Re: Civil Action 94-2018 (NPI-Mgmt. v. Kman/Kman) Dear Mr. Cochran: With regards to our Procedural Objections and Counterclaim, be advised of our position on the following matters. Damages and claims in the above-captioned matter are within the Compulsory Arbitrary Limit for Cumberland County. therefore, this case will be resolved, at least initially, in arbitration. However, one of the provisions necessary to file a Certificate Of Readiness For Arbitration is that "All pleadings, discovery. medical examinations and other pretrial matters have been completed and the case is ready for hearing". This provision has not been satisfied. We intend to execute Interrogatories and Production of Documents and very possibly a few Depositions for both the Complaint and Counterclaim. Also, our Procedural Objections must be properly disposed of. which includes briefs and a Pre-Trial Hearing, before we can continue with the other above mentioned acts. It was not necessary for you to answer our Procedural Objections at this time. however, your answers are incorrect. (P.O. #8) Upon service of AOPC 312-84, the Rule is notification that you must file a complaint within 20 days (no further Notice required, ie Ten- Day Notice), and failure to do so results in the eligibility for us to request a judgement of NON PROS, which we have done as a part of our Procedural Objections. We have no further notification requirement under Pa. R.C.P.J.P. No. 1001(7). (P.O. #9) The Pennsylvania Rules of Civil Procedure do not require us to notify you of your failure to provide us with a copy of responses. Furthermore, how could we have known you responded since we weren't given a copy of said response. As soon as we became aware (the attachment to your request for Arbitration) that an Answer to (our) New Matter was filed, we made you aware of your failure to serve by filing our Procedural Objections. Your Answer(s) to Procedural Objections and Counterclaim contain several responses marked "Denied" or "Denied. Strict proof demanded at time of trial". As per Pa. R.C.P. 1029(b), you may not answer in that manner, that is, you must provide explanation for your denial. I cannot proceed with my claim or prepare a brief without a procedurally correct Answer to the Counterclaim. If I do not receive an Answer as Pa. R.C.P. dictates I will be forced to file an Objection and subsequently a Motion for Summary Judgement. '" . . NPI-Management Corporation c/o William T. Cochran September 29, 1994 Page 2 Yesterday. September 28th, I served you. via First Class mail under separate cover, a copy of the Ten- Day Notice I filed in regards to our Counterclaim. As we discussed, you didn't answer paragraphs twelve (12) through fifteen (15) on page three (3). Per our conversation on September 28, 1994, I will forward under separate cover a settlement proposal. I want to be very clear that you did not request and I did not agree to any extension of time to correctly respond to our Counterclaim. In fact, I informed you that I filed the Ten-Day Notice and any settlement discussions would take place concurrently with this action proceeding according to Local and PA Rules of Civil Procedure. The date on the Certificate of Service attached to the Ten-Day Notice was erroneously marked September 27, 1994. Find enclosed copy of correct revised Certificate of Service marked September 28. 1994. A copy of the revised Certificate of Service was filed with the Prothonotary on September 29, 1994. Therefore. you have until October 10, 1994 to file a correct Answer to our Counterclaim before I can proceed with a Partial Default Judgement. If you have any questions or comments please don't hesitate to contact my office at 717-243-2141. Thank you for your time and attention with this matter. I do hope we can come to a mutually agreeable solution. 'i1i.c{4. Defendant/Counter-plaintiff. Pro Se Enclosure cc: of'Ile (with enclosure) MJK/mk . . EXHIBIT "B" ~ . . F I L E September 29, 1994 NPI-Management Corporation Agent for Society Hill Apartments c/o William T. Cochran ISO East Swedesford Road Wayne, Pennsylvania 19087 In Re: Civil Action 94-2018 (NPI-Mgmt. v. Kman/Kman) Dear Mr. Cochran: With regards to our Procedural Objections and Counterclaim, be advised of our position on the following matters. Damages and claims in the above-captioned matter are within the Compulsory Arbitrary Limit for Cumberland County, therefore, this case will be resolved, at least initially, in arbitration. However, one of the provisions necessary to file a Certificate Of Readiness For Arbitration is that" All pleadings, discovery, medical examinations and other pretrial matters have been completed and the case is ready for hearing". This provision has not been satisfied. We intend to execute Interrogatories and Production of Documents and very possibly a few Depositions for both the Complaint and Counterclaim. Also, our Procedural Objections must be properly disposed of, which includes briefs and a Pre-Trial Hearing, before we can continue with the other above mentioned acts. It was not necessary for you to answer our Procedural Objections at this time, however, your answers are incorrect. (P.O. #8) Upon service of AOPC 312-84, the Rule is notification that you must file a complaint within 20 days (no further Notice required, ie Ten- Day Notice), and failure to do so results in the eligibility for us to request a judgement of NON PROS, which we have done as a part of our Procedural Objections. We have no further notification requirement under Pa. R.C.P.J.P. No. 1001(7). (P.O. #9) The Pennsylvania Rules of Civil Procedure do not require us to notify you of your failure to provide us with a copy of responses. Furthermore, how could we have known you responded since we weren't given a copy of said response. As soon as we became aware (the attachment to your request for Arbitration) that an Answer to (our) New Matter was filed, we made you aware of your failure to serve by filing our Procedural Objections. Your Answer(s) to Procedural Objections and Counterclaim contain several responses marked "Denied" or "Denied. Strict proof demanded at time of trial". As per Pa. R.C.P. 1029(b). you may not answer in that manner, that is. you must provide explanation for your denial. I cannot proceed with my claim or prepare a brief without a procedurally correct Answer to the Counterclaim. If I do not receive an Answer as Pa. R.C.P. dictates I will be forced to file an Objection and subsequently a Motion for Summary Judgement. \. . . NPI-Management Corporation c/o William T. Cochran September 29, 1994 Page 2 Yesterday. September 28th. I served you, via First Class mail under separate cover, a copy of the Ten- Day Notice I filed in regards to our Counterclaim. As we discussed, you didn't answer paragraphs twelve (12) through fifteen (15) on page three (3). Per our conversation on September 28, 1994, 1 will forward under separate cover a settlement proposal. I want to be very clear that you did not request and I did not agree to any extension of time to correctly respond to our Counterclaim. In fact, I informed you that I filed the Ten-Day Notice and any settlement discussions would take place concurrently with this action proceeding according to Local and PA Rules of Civil Procedure. The date on the Certificate of Service attached to the Ten-Day Notice was erroneously marked September 27, 1994. Find enclosed copy of correct revised Certificate of Service marked September 28, 1994. A copy of the revised Certificate of Service was filed with the Prothonotary on September 29, 1994. Therefore, you have until October 10, 1994 to file a correct Answer to our Counterclaim before I can proceed with a Partial Default Judgement. If you have any questions or comments please don't hesitate to contact my office at 717-243-2141. Thank you for your time and attention with this matter. 1 do hope we can come to a mutually agreeable solution. Sincerely, cl;~f:~~,~ . Defendant/Counter-plaintiff, Pro Se Enclosure cc: Jj(e (with enclosure) MJK/mk ~ . . -::r ~ - :II: G... .... ~ C"). r-- -. -' ::z: . r ....~ C.- ....c'..... ..,.,....:::J.,- ocOC,,}- ti:.~Q~ ,~:o."> <'";)'..... z-' ''::'4('''' ,.1,1, -IV') ,.~ tr. ::.J! l;.jIU;l!: _~U""I t: Z<"\. ...g,;.. '" ~-,- . . . . NPI-MANAGEMENT CORPORATION AGENT FOR SOCIBTY HILL APARTMENTS : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA . . . . Plainti~~ : No. 94-2018 : v. . . . . MICHAEL J. KHAN, JR. and MELINDA M. KHAN : ARBITRATION MATTER . . . . . . De~endants . . ANSWBR 7'0 PLAINTIFFS' NOTION 7'0 OP1D1 ~rm/OR STRIlCB DEFAULT .~ 1. De~endant and Counter-Plainti~f's admit only that they were tenants at the Society Hill Apartments. The remainder of paragraph one is denied as a conclusion of law to which no answer is required. To the extent it is taken to be factual, it is denied. a. Defendant's admit that judgment was entered by District Justice Charles A. Clemente on March 23, 1994. However, it is specifically denied that jUdgment was for failure to pay rent, further, it has been noted and admitted by Plainti~~ that said judgment was m absentia of Defendant Michael J. KIlIan, Jr. b. Denied. Defendant's aver, to the contrary, the Notice of Appeal o~ JUdgment was filed by the Defendant's on April 20, 1994, copy attached hereto as Exhibit "An. c. Admitted. d. Admitted. -1- . , , e. Adm:Ltted. Further.:Lt:Ls noted that Pla:Lnt:L~~s' ~a:Lled to serve a copy of sa:Ld Reply to New Natter as d:Lrected by the PA R.C.P. f. Adm:Ltted. However, Pla:Lnt:Lff fa:Lled and cont:Lnues to ~a:Ll to meet all the requ:Lrements necessary to proceed w:Lth a .Cert:Lf:Lcate of Arb:Ltrat:Lon Read:Lness.. Further, Defendant's not:L~:Led Pla:Lnt:Lff of :Lt's fa:Llure to meet all the requ:Lrements necessary to proceed :Ln the:Lr letter to Pla:Lnt:Lff dated September 29, 1994 attached hereto as EXb:Lb:Lt NS". g. It:Ls adm:Ltted that the Defendant's f:Lled a Countercla:Lm. However:Lt:Ls den:Led that sa:Ld Countercla:Lm was :Ln v:Lolal::Lon of PA. R.C.P. Rule 1033, and further aver that by f:Ll:Lng an Answer to sa:Ld Countercla:Lm Pla:Lnt:Lff forever wa:Lves :Lts r:Lght to that object:Lon. h. It:Ls adm:Ltted that Pla:Lnt:Lff and Counter-Defendants' fa:L1ed to answer paragraphs 12 - 15. It:Ls den:Led that paragraphs 12 - 15 .essent:Lally. :Lncorporated the allegations of the 11 previous paragraphs. The document speaks for :Ltself. i. OBJECTION. Letters for the purpose of settlement discussions are not admiss:Lble to the matter discussed. To the extent they are taken to be factual they are admitted. However, Pla:Lntiffs' verbally rejected offer v:La the same telephone conference that created the letter but Plaintiff requested Detfendant's put offer in wr:Lt:Lng anyway. Further, Defendant's made -2- 1. Admitted. However Plaintiff didn't have the permission of the Defendant's or the Court to file an Amended Answer, further, the Amended Answer was filed nineteen (19) days after service of the Ten-Day Notice and after Praecipe was served to Enter the Default Judgment. Further, the untimely and improper Amended Answer was filed on the same day the Honorable Judge Hess Ordered a Rule to Show Cause for the Motion For Hearing to access damages. -3- '- it perfectly clear, in their above referenced letter to Plaintiff dated September 29, 1994, paragraph five (5), that any discussions would proceed without time extensions for an Answer to their Counterclaim. j. OBJBC'l'ION. Letters for the purpose of settlement discussions are not admissible to the matter discussed. To the extent they are taken to b~ factual they are admitted. However, Defendant's rejected plaintiffs' counter offer that slime day, October 12, 1994, two days before filing Application For Entry Of Default Judgment. Any settlement discussions were unsuccessful and terminated on October 12, 1994. Further, Defendant and Counter- Plaintiff's filed a Praecipe to Enter Default Judgment on October 14, 1994. k. Defendant and Counter-Plaintiff's admit they filed an Application for Entry of Default Judgment on October 14, 1994 on the two counts that Plaintiff and Counter-Defendant failed to answer, however, deny the remaining allegations as they are irrelevant and without legal merit. -.." ,"_..~ m. Admitted. 2. Admitted. 3. Denied. Plainti~~ did give consent as demonstrated by its ~ailure to ~ile an Objection and subsequently ~iling an Answer. Furtl1er, due to Plainti~~s' answer tl1ey are ~orever barred ~orm bringing an objection to tl1e Counterclaim. 4. Denied as a conclusion of law. Furtl1er, Plainti~~ ~ailed to serve Defendants witl1 a copy as demanded by PA R.C.P.. 5. Denied. To tl1e contrary, Plaintiff was informed tl1at any discussions would proceed witl10ut extensions of time. Paragrapl1 l(i) l1erein is incorporated by reference as if fully set fortl1. Furtl1er, Plaintif~'s "mistake" and "inadvertence" to filing tl1e Answer on time is specifically denied. Plaintiff was notified of it's failure to properly file said answer in paragrapl1 four (4) of tl1e above mentioned Ex1Jibit A before Defendant's filed tl1e Ten-Day Notice. Furtl1er, Plaintiff continued to fail to properly and timely file an Answer after receiving said Ten-Day Notice. 6. Denied. Defendant's aver, 1:0 tl1e contrary, plaintiffs' failure to file an Answer is not reasonable as even if it initially was an oversigl1t tl1ey were informed of tl1eir 'oversigl1t' before tl1ey were in Default, and tl1ey continued to fail to remedy tl1e problem by filing an answer. Paragrapl1 5 l1erein is incorporated by reference as if fully set fortl1. It wasn't until a De~ault Judgment: was applied for and entered tl1at Plaintiff took action. -4- 7. Denied. Plaintiff had the opportunity to file any defenses pursuant to PA R. C. P. and failed to do so, further, they continued to fail to do so even after a good fai th reminder by the Defendant's. Plaintiff is forever barred from making a defense after the fact as per PA R.C.P. and therefore the Default Judgment should be held. B. Denied. Paragraphs 1-7, specifically l(g) and 3, herein are incorporated by reference as if full set forth. WHBRBFORE, Defendant's, Michael and Melinda .KlDan, request this Honorable Court deny Plaintiffs' Motion to Open and/or Strike Default Judgment and grant a Hearing to access damages. Respectfully submitted, Date: ,{l/,,, BY: Jllt),.../ _I ! ~. MiCr~ J. .KlD~~ 109 Meals Drive Carlisle, Pennsylvania 17013 Defendant's Pro Be (717) 243-4321 -5- VERIFICA2'IOll ... 2'be language of tbe :foregoing docwnent is tbat of my own, I bave read and drafted tbe :foregoing docwnent and it is true and correct to tbe best of my .knowledge, 1nfonnat1on and belief. I understand tbat any false statements made berein are subject to tbe penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to autborities. Date:~ . By: , -~_.,'--,.,_... CERTIFICATE OF SERVICE I, Hichael J. JOnan, Jr., certi~y that a true and correct copy o~ Defendant's ANSWER '1'0 HOTION '1'0 OPEN AND/OR STRIKE DEFAULT JUDGMENT was served upon the ~ollowing by placing the same in the United States mail, postage prepaid and addressed to the addresses below; this 7th day o~ November, 1994: NPI-Hanagement Corporation Agent for Society Hill Apartments c/o WilHam T. Cochran 150 East Swedes ford Road Wayne, Pennsylvania 19087 and Guy A. Donatelli, Esquire c/o Lamb, Windle " HcErlane, P. C. 24 East Harket Street P.O. Box 565 West Chester, Pennsylvania 19381-0565 By Hi hael J. Plaintiff, Pro Se 109 Heals Drive Carlisle, PA 17013 . .. BXHIBI'l' -A- i.~{1 ~ JUDICIAL DI"aIC' NOTICE OF APPEAL J.O tJ,< fROM 1i (D\ DISTRICT JUSTICE JUDGMENT coMMoNYlIAUH at ~INIlhlYANIA coua' or CoMMON PUAI , . , COMMONPUAIN.. 94-20111 Ci"il TfOrtIl NOTICE OF APPEAL Nolle, Is gIwn that the appellord hal filed In the above Caurl af Camman Plea. an appeal fram Ihe judgmenl r.ndered by the Di.lrkt Justic. an Ih. daM and In tho case mentloned beta.. :J'iP3 ~~"f/'1 ::~h1 i. ..., ; lV',; . It/l,IJel IHtlJ-'rd4 /<m/1AJ ..----JM;;~i~;i...OtaJ III ~/1Ii 11,7 it' 311) ;rll1'~ l-h II ;;;, WPI~rM~"'rl1r"lt:"T('l7f1"/ A,(I; (,,,,,f,,J ,41/~M~1 . 7ttz;~ CV 19 ", LT 1.~ i70000'ii'l -'fY wi be slgMd ONLY when this natallon I. required under Pc. R.cP.JP. Nn IHm-' /7tJ/1.. '/11 ? III' '/L Signature at Fro'hotIOlOlY 01 DPpu'y /.--f2c . appel/an was CLAIMANT (see Pa. n.c.p.J.P. Nil. 1001(6) In action belore District Justice. he MUS7 FILE A COMPLAINT within twenty (20) days nllm tiling his NOTICE 01 APPEAL. ThIs l00BB. tI.Is Neill(. 61 ApjIliOl. whiin iecoi.ed by the Di.lrkl Ju.lke. will aperat. a. a SUPERSEDEAS klthe llllbneht fOl jlcllSo.slan In this ca... PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (ThII; Bile/ion of I'drm 10 be IJsed ONLY when 8fflOfI/lIIt W/IS DEFENDANT 1 sea /'n. n.CJ'.J.P. No. '00' (7) 111 acllon belore Dlslrlc/ JIl<lIcf!. IF NOT USED, detach fmm CCJlY of no/Ice 0/ ePfl68/ to be served upon 8Pfl6I/oc ,. PRAECIPE, Ta Prothanalory Enter rule upon NP r 1'111",lJj( If -;; ~ {f.'f'f" t. Nm)(tol~~51 (Common Pleas Nn 94-2018 Civil Term (/6(',./ . appelle.(.). la iii. a camplaint in this "PPenl I within twenty (20) day. aller .ervic.. a C RULEI Ta Ai p;r M 11 - (~) 0 1V~". I ~,/ .appolloe(.). NImtJ 01 51 II (1) Yall en naHfiod that a rule Is hereby enler.d upen yau la fil. 0 camplainlln Ihi. appeal within twenty (20) dayl aller the dal. af ",viet at tI.l. rule upon you by per.anal .ervlc. 01 by certifoed 01 regislered """t (2)11 you do nallile a camp/aint within thi. limo. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date al aervlco af this rule If ...vie. was by """, i. the date af "",,'ling. II..' I, Date: Apr. 20. .19-'.4 01 AoII1omf'lV)' Of Ory1t"~ I. . \ J Ia'C 312.84 f..', ~ .. '"",""'~ '.'",,-~' .. .. EXHIBIT "B" . . F, L E September 29. 1994 NPI-Management Corporation Agent for Society Hill Apartments c/o William T. Cochran ISO East Swedes ford Road Wayne, Pennsylvania 19087 In Re: Civil Action 94-2018 (NPI-Mgmt. v. Kman/Kman) Dear Mr. Cochran: With regards to our Procedural Objections and Counterclaim. be advised of our position on the following matters. Damages and claims in the above-captioned matter are within the Compulsory Arbitrary Limit for Cumberland County, therefore, this case will be resolved, at least initially, in arbitration. However, one of the provisions necessary to file a Certificate Of Readiness For Arbitration is that "All pleadings, discovery, medical examinations and other pretrial matters have been completed and the case is ready for hearing". This provision has not been satisfied. We intend 10 execute Interrogatories and Production of Documents and very possibly a few Depositions for both the Complaint and Counterclaim. Also, our Procedural Objections must be properly disposed of, which includes briefs and a Pre-Trial Hearing, before we can continue with the other above mentioned acts. It was not necessary for you to answer our Procedural Objections at this time, however, your answers are incorrect. (P.O. #8) Upon service of AOPC 312-84, the Rule is notification that you must file a complaint within 20 days (no further Notice required, ie Ten- Day Notice), and failure to do so results in the eligibility for us to request a judgement of NON PROS, which we have done as a part of our Procedural Objections. We have no further notification requirement under Pa. R.C.P.J.P. No. 1001(7). (P.O. #9) The Pennsylvania Rules of Civil Procedure do not require us to notify you of your failure to provide us with a copy of responses. Furthermore. how could we have known you responded since we weren't given a copy of said response. As soon as we became aware (the attachment to your request for Arbitration) that an Answer to (our) New Maller was filed, we made you aware of your failure to serve by filing our Procedural Objections. Your Answer(s) to Procedural Objections and Counterclaim contain several responses marked "Denied" or "Denied. Strict proof demanded at time of trial". As per Pa. R.C.P. 1029(b), you may not answer in that manner. that is, you must provide explanation for your denial. I cannot proceed with my claim or prepare a brief without a procedurally correct Answer to the Counterclaim. If I do not receive an Answer as Pa. R.C.P. dictates I will be forced to file an Objection and subsequently a Motion for Summary Judgement. t;.. " """",~' ,.~ ...~ ,- , NPI-Management Corporation c/o William T. Cochran September 29, 1994 Page 2 Yesterday, September 28th, I served you, via First Class mail under separate cover, a copy of the Ten- Day Notice I filed in regards to our Counterclaim. As we discussed, you didn't answer paragraphs twelve (12) through fifteen (15) on page three (3). Per our conversation on September 28. 1994, I will forward under separate cover a settlement proposal. I want to be very clear that you did not request and I did not agree to any extension of time to correctly respond to our Counterclaim. In fact, I informed you that I filed the Ten-Day Notice and any settlement discussions would take place concurrently with this action proceeding according to Local and PA Rules of Civil Procedure. The date on the Certificate of Service attached to the Ten-Day Notice was erroneously marked September 27, 1994. Find enclosed copy of correct revised Certificate of Service marked September 28, 1994. A copy of the revised Certificate of Service was filed with the Prothonotary on September 29, 1994. Therefore, you have until October 10, 1994 to file a correct Answer to our Counterclaim before I can proceed with a Partial Default Judgement. If you have any questions or comments please don't hesitate to contact my office at 717-243-2141. Thank you for your time and attention with this matter, I do hope we can come to a mutually agreeable solution. Sincerely, ,11};~ . Michael J. Kman, Defendant/Counter-plaintiff, Pro Se . Enclosure cc:..me (with enclosure) MJK/mk :>- ::@ ,. - . "::J' ~ ~ t".I :>" ?c~ ~;;:: t:n~-t _%o~ ....0<.>...' h.."1:Q~ O.-;c::j '~"'i~-t'~ 1.,,_t:;..Jtt1 ~"(r:.r.: :.:iCl,W% ....;:;Wt,J ....Xc... ,~=> ",Co) M r- , .. . ... : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NPI-NANAGEHBNT CORPORATION AGBN7' FOR SOCIBTY HILL APARTHBN'l'S . . . . Plaintiff : No. 94-2018 . . v. . . . . : ARBITRATION MATTER MICHAEL J. KHAN, JR. and MELINDA M. KHAN . . . . . . Defendants . . RBSPONSB OF IITIWAJlr. ANn IIfRr.INn.ll lOIAN. 2'0 PLAINTIFFS' Al\7SffBR 2'0 JIOTIOB 2'0 DTRIITRR Pursuant to the Order of the Honorable Kevin A. Hess, dated October 19, 1994, Defendant's Michael and Melinda KIlIan respond to Plaintiffs' answer to Motion to Dismiss. PRBLIMINARY STATBHBNT Michael and Melinda KIlIan vigorously disagree with the avennents made by the Plaintiff in its Answer to Motion to Dismiss. Defendant's request Plaintiff be held strictly to the Verified avennents made therein. Further, plaintiffs' answer to Motion to Dismiss was submitted by a third party who has not entered their appearance in regards to this matter. 1-12. Defendant's acknowledge Plaintiffs' admittance of the procedural history set forth in Defendant's Motion to Dismiss and further add that Praecipe to Enter Default was filed on October 14, 1994. Further, Defendant's specifically deny that Plaintiff filed a Motion to Open and/or Strike the Default Judgment on October 26, 1994 as averred, and to the contrary, aver that said Motion was -1- 14. Defendant's acknowledge plaintiff's admittance. . filed on November 2, 1994. Further Defendant's were never served a copy of said Motion as required by Pa. R.C.P. and averred by Mr. Donatelli in his Certificate of Service dated October 25, 1994. Defendant's first learned of the said Motion by review of Bxb.ibit A of plaintiffs' answer to Defendant's Motion to Dismiss. Defendant's incorporate their Answer to Plaintiffs' Motion to Open and/or Strike Default Judgment, a copy of which is attached as Bxb.ibit nAn, by reference as if fully set forth. 13. Defendant's acknowledge plaintiffs' admittance. 15. Denied. The Rule speaks for itself. It is clear and obvious that the Rule requires the Appellee to file a complaint in twenty (20) days or suffer a judgment of NON PROS. Further, there isn' t any time limi tation of a request for DiB1llissal once plaintiff failed to adbere to tbe Rule served upon them. Defendant's are representing themselves and were not sure how to handle the NON PROS or Motion to Dismiss. Defendant's were very sure from the beginning, as evidenced in their letters to the Plaintiff, that plaintiff filed its complaint late and in violation of the Rule which was served upon them properly and timely. 16. Defendant's acknowledge plaintiffs' admittance. 17. Defendant's acknowledge plaintiffs' admittance. Plaintiffs' remaining answer is denied as a conclusion of law to which no answer is required. To the extent it is taken to be -2- . factual, :Lt :Ls den:Led. Further, Pla:Lnt:Lff :Ls forever barred fr01ll an object:Lon to Defendant's Procedural Object:Lons by :Lts answer to the slime. 18. Defendant's :Lncorporate paragraphs 1-17 by reference as :Lf fully set forth as the:Lr response :Ln paragraph 18. WHBRBFORB, Defendant's M:Lchael and Mel:Lnda .IClIIan, respectfully request th:Ls Honorable Court to grant the:Lr Mot:Lon to D:Lsm:Lss w:Lth prejud:Lce. Respectfully subm:Ltted, Date: uhlll" .y,1t.~-1H . 109 Meals Dr:Lve Carl:Lsle, Pennsylvan:La 17013 Defendant's Pro Be (717) 243-4321 -3- VBIl.II!ICATION Tbe language of tbe foregoing document is tbat of my own, I bave read and drafted the foregoing document and it is true and correct to tbe best of my knowledge, information and belief. I understand tbat any false statements made herein are subject to tbe penalties of 18 Fa. C.S. Section 4904, relating to unsworn falsification to authorities. Date:~ By,j,,'.l.J i L..f!p. II. cbael J. KIll , Jr. CERTIFICATB OF SERVICB I, Michael J. ban, Jr., certity that a true and correct copy ot Detendant's RESPONSB TO PLAINTIFFS' ANSWER TO MOTION TO DISMISS was served upon the tollowing by placing the same in the United States mail, postage prepaid and addressed to the addresses below; this 7th day ot November, 1994: NPI-Management Corporation Agent for Society Hill Apartments c/o W:I.lHam T. Cochran 150 Bast Swedes ford Road Wayne, Pennsylvania 19087 and Guy A. Donatelli, Bsquire c/o Lamb, Windle & McBrlane, P. C. 24 Bast Market Street P.O. Box 565 West Chester, Pennsylvania 19381-0565 . By Mi hael J. , Jr. plaintiff, Pro Se 109 Meals Drive Carlisle, PA 17013 EXHIBIT -A- . . ~ . NPI-MANAGBMENT CORPORATION AGENT FOR SOCIBTY HILL APARTNBNTS Plaintiff : COURT OF CONNON PLEAS : CUMBERLAND COUNTY, PA . . . . : No. 94-2018 . . v. . . . . MICHAEL J. KMAN, JR. and MELINDA M. KMAN : ARBITRATION MATTER . . . . Defendants . . ANSJIfD TO PLAINTIFFS' IIIOTION TO OPEN .aRm/OR STRIlCB DBFAULT .~ 1. Defendant and Counter-Plain tiff's admi t only that they were tenants at the Society Hill Apartments. The remainder of paragraph one is denied as a conclusion of law to which no answer is required. To the extent it is taken to be factual, it is denied. a. Defendant's admit that judgment was entered by District Justice Charles A. Clemente on March 23, 1994. However, it is specifically denied that judgment was for failure to pay rent, further, it has been noted and admitted by Plaintiff that said jUdgment was ;!Jl absentia of Defendant Michael J. KIlIan, Jr. b. Denied. Defendant's aver, to the contrary, the Notice of Appeal of Judgment was filed by the Defendant's on April 20, 1994, copy attached hereto as Exhibit nAn. c. Admitted. d. Admitted. -1- e. Admitted. Further, it is noted that Plainti~~s' ~ailed to serve a copy of said Reply to New Matter as directed by the PA R.C.P. ~. Admitted. However, Plainti~f ~ailed and continues to fail to meet all the requirements necessary to proceed with a .Certificate of Arbitration Readiness.. Further, Defendant's notified Plainti~f of it's ~ailure to meet all the requirements necessary to proceed in their letter to plaintiff dated September 29, 1994 attached hereto as Exhibit "S". g. It is admitted that the Defendant's filed a Counterclaim. However it is denied that said Counterclaim was in violation of PA. R.C.P. Rule 1033, and further aver that by ~iling an Answer to said Counterclaim Plaintiff forever waives its right to that Objection. h. It is admitted that Plaintiff and Counter-Defendants' failed to answer paragraphs 12 - 15. It is denied that paragraphS 12 - 15 "essentially" incorporated the allegations of the 11 previous paragraphs. The document speaks for itself. i. OBJECTION. Letters for the purpose of settlement discussions are not admissible to the matter discussed. To the extent they are taken to be factual they are admitted. However, Plaintiffs' verbally rejected offer via the same telephone conference that created the letter but plaintiff requested Defendant's put offer in writing anyway. Further, Defendant's made -2- /:,!,<, '<~",~";-m'",_~ it perfectly clear, in tbeir above referenced letter to Plaintiff dated September 29, 1994, paragrapb five (5), tbat any discussions would proceed witbout time extensions for an Answer to tbeir Counterclaim. j. OBJECTION. Letters for tbe purpose of settlement discussions are not admissible to tbe matter discussed. To tbe extent tbey are taken to be factual tbey are admitted. However, Defendant's rejected plaintiffs' counter offer tbat same day, October 12, 1994, two days before filing Application For Entry Of Default Judgment. Any settlement discussions were unsuccessful and terminated on October 12, 1994. Furtber, Defendant and Counter- Plaintiff's filed a Praecipe to Enter Default Judgment on October 14, 1994. k. Defendant and Counter-Plaintiff's admit tbey filed an Application for Entry of Default Judgment on October 14, 1994 on tbe two counts tbat Plaintiff and Counter-Defendant failed to answer, bowever, deny tbe remaining allegations as tbey are irrelevant and witbout legal merit. 1. Admitted. However Plaintiff didn't bave tbe permission of tbe Defendant's or tbe Court to file an Amended Answer, furtber, tbe Amended Answer was filed nineteen (19) days after service of tbe Ten-Day Notice and after praecipe was served to Enter tbe Default Judgment. Furtber, tbe untimely and improper Amended Answer was filed on tbe same day tbe Honorable Judge Hess Ordered a Rule to Sbow Cause for tbe Motion For Hearing to access damages. -3- m. Admitted. 2. Admitted. 3. Denied. Plaintiff did give consent as demonstrated by its failure to file an Objection and subsequently filing an Answer. Further, due to Plaintiffs' answer they are forever barred form bri.nging an objection to tbe Counterclaim. 4. Denied as a conclusion of law. Furtber, Plainti.ff failed to serve Defendants witb a copy as demanded by PA R.C.P.. 5. Denied. To tbe contrary, Plaintiff was informed tbat any di.scussi.ons would proceed witbout extensions of time. Paragraph l(i) berein is incorporated by reference as if fully set fortb. Furtber, Plaintiff's "mistake" and "inadvertence" to filing tbe Answer on time is spec:Lfically denied. Plainti.ff was noti.fied of it's fai.lure to properly file sai.d answer in paragrapb four (4) of tbe above mentioned Exhibit A before Defendant's filed tbe Ten-Day Notice. Furtber, Plaintiff continued to fail to properly and timely file an Answer after receiving said Ten-Day Notice. 6. Denied. Defendant's aver, to tbe contrary, plaintiffs' failure to file an Answer i.s not reasonable as even if it i.nitially was an oversigbt tbey were informed of tbeir 'oversigbt' before tbey were in Default, and tbey continued to fail to remedy tbe problem by filing an answer. Paragrapb 5 berein is i.ncorporated by reference as if fully set forth. It wasn't until a Default Judgment was applied for and entered tbat Plainti.ff took action. -4- 7. Denied. Plainti~~ had the opportunity to ~ile any . " de~enses pursuant to PA R.C.P. and ~ailed to do so, ~urther, they continued to ~ail to do so even a~ter a good ~aith reminder by the De~endant's. Plainti~~ is ~orever barred ~rom making a de~ense a~ter the ~act as per PA R.C.P. and there~ore the De~ault Judgment should be held. 8. Denied. Paragraphs 1-7, specifically l(g) and 3, herein are incorporated by re~erence as i~ ~ull set ~orth. WHBRBFORE, De~endant's, Michael and Melinda Kman, request this Honorable Court deny Plainti~~s' Motion to Open and/or Strike De~ault Judgment and grant a Hearing to access damages. Respect~ully submitted, Date: IIf, ,,,* Br:J!y,'~ rJ ~ rA~. Michael J. Km~ 109 Meals Drive Carlisle, Pennsylvania 17013 De~endant's Pro Se (717) 243 -4321 -5- VBRIFICATION The language of the foregoing document is that of my own, I have read and drafted the foregoing document and it is true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ,I!,/-!-y By,4!:lkf -:6.' . CERTIFICATE OF SERVICE I, Michael J. lQnlU1, Jr., certify that a true lU1d correct copy of DefendlU1t's ANSWER TO MOTION TO OPEN AND/OR STRIKE DEFAULT JUDGNEN'l' was served upon the following by placing the same in the United States mail, postage prepaid lU1d addressed to the addresses below; this 7th day of November, 1994: NPI -MlU1agemen t Corpora tion Agent for Society Hill Apartments c/o WilHam T. CochrlU1 150 East Swedesford Road Wayne, PennsylvlU1ia 19087 lU1d Guy A. Donatelli, Esquire c/o Lamb, Windle << McErlane, P.C. 24 East Market Street P.O. Box 565 West Chester, pennsylvania 19381-0565 By . chael J. Plaintiff, r 109 Meals Drive CarHsle, PA 17013 EXHIBIT -A- JUDICIAL Dr".'CT NOTICE OF APPEAL ,).0",< FROM 11' (f)\ DISTRICT JUSTICE JUDGMENT COMMONWIAlIH OF PINNSYLYANIA COUU Ot COMMON PLlAI , COMMON PLlAI N.. 94-2018 Civil Term NOTICE OF APPEAL Nolice i. given that lhe appellanl ha. liled in the above Ca...t 01 Common Plea. on appeallrom the judgmenl rendered by the Di.trict Ju.tice on the dote and in lhe ca.e mentioned bel.... 't!.~,il.'{tl //11flllyr!4 /<n'I/W 0" l"~rZE;iMl"'O' ,~' it 3 ~.....( If 1'1 I';' II j).e't11'i t1f7 # 31{} (~r1IH/' l-h II ~II t I' .." - ., IDcltJwtrrI' J .;>:' <1 M,1.'M~('I'I(.';T(~f,~1 /f/1; (,,111,J ;111(/14:<1 .'" ~;11: OCcOO'f;,/ '-"1'( ~:;7J.'/ ;;'/.--9 . Thi. block win be signed ONlY when lhi. nolation i. required under Po. R.CPJP. No. appe/la!it was CLAIMANT (see Po. R.C.P.J.P. No. loo8B. Thi. Natiee 01 Appeal. when received by lhe Di.trict Ju.tice. wm operale a. 0 t001(6) In action before District Justice. he MUST SUPERSEDEAS 10 lhe lodgment lor paue.sion In Ihl. ca.e. FILE A COMPLAINT wl/llln twenty (20) days a/ler filing his NOTICE of APPEAL. z. COOl /7tJ / / '/11 j III"~ SI{11lJIUfe 01 Prol/Jono//JIY 01 Dcpuly PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE !TIlls secllon of form /0 be used ONLY when appel/ant was DErENDIINT (500 1'11. HC.P.J.P. No. IF NOT USED, detach from cq:JY of nollce of appeal/a be served upon appel/reJ. PRAECIPEI To Pralhonolary Enler rufe upon II/VI fr11111,/1 ,(lr -;; (? (n:/,' 46 ('../ , , Nt."., oIlt('f)C1Jcc(sl /00 f (7 J In action before Dis/Jlct Justice. . appellee[.). to lite 0 complaint In this appeal [Common Plea. No. 94-2018 Civil Term ) within twenty (20) day. alter .ervlce 0 (, RULE, To AI/' J M 11,1/ ~. T (/ /.'_' . appellee(.). NImo aI . ./ I. ( 1) You ore nolirl"d thai 0 rule i. hereby entered upon you 10 lite 0 complaint in this appeal within twenty (20) day. alter the dote 01 .ervice 01 this rule upon you by per.onal .ervice or by cerliroed or regi.tered f1lOIt (2) If you do not file 0 complaint within this time. 0 JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. Dole: 1\nr. 20. . 19---9.-1 , \ 1\., f, (3) The dote of .ervice 01 this rufe 1/ .ervlce wa. by f1lOI11. the dote of f1lOI1ing. aI _-v Of ll<pu1y '. \ ) KJt'C :1"-84 ^PPFlI.MH'S COpy EXHIBIT -B- " . . F I L E September 29, 1994 NPI-Management Corporation Agent for Society Hill Apartments clo William T. Cochran ISO East Swedes ford Road Wayne. Pennsylvania 19087 In Re: Civil Action 94-2018 (NPI-Mgmt. v. Kman/Kmall) Dear Mr. Cochran: With regards to our Procedural Objections and Counterclaim, be advised of our position on the following matters. Damages and claims in the above-captioned matter are within the Compulsory Arbitrary Limit for Cumberland County, therefore, this case will be resolved, at least initially, in arbitration. However, one of the provisions necessary to file a Certificate Of Readiness For Arbitration is that "All pleadings, discovery, medical examinations and other pretrial matters have been completed and the case is ready for hearing". This provision has not been satisfied. We intend to execute Interrogatories and Production of Documents and very possibly a few Depositions for both the Complaint and Counterclaim. Also, our Procedural Objections must be properly disposed of, which includes briefs and a Pre-Trial Hearing, before we can continue with the other above mentioned acts. It was not necessary for you to answer our Procedural Objections at this time, however. your answers are incorrect. (P.O. 118) Upon service of AOPC 312-84, the Rule is notification that you must file a complaint within 20 days (no further Notice required, ie Ten- Day Notice), and failure to do so results in the eligibility for us to request a judgement of NON PROS. which we have done as a part of our Procedural Objections. We have no further notification requirement under Pa. R.C.P.J.P. No. 1001(7). (P.O. 119) The Pennsylvania Rules of Civil Procedure do not require us to notify you of your failure to provide us with a copy of responses. Furthermore. how could we have known you responded since we weren't given a copy of said response. As soon as we became aware (the attachment to your request for Arbitration) that an Answer 10 (our) New Matter was filed. we made you aware of your failure to serve by filing our Procedural Objections. Your Answer(s) to Procedural Objections and Counterclaim conlain several responses marked "Denied" or "Denied. Strict proof demanded at lime of trial". As per Pa. R.C.P. 1029(b). you may not answer ill that manner, that is. you must provide explanation for your denial. I cannot proceed with my claim or prepare a brief without a procedurally correct Answer to the Counterclaim. If I do not receive an Answer as Pa. R.C.P. dictates I will be forced 10 file an Objection and subsequently a Motion for Summary Judgement. I; ~. ; . . . . NPI-Management Corporation c/o William T. Cochran September 29, 1994 Page 2 Yesterday, September 28th, I served you, via First Class mail under separate cover, a copy of the Ten- Day Notice I filed in regards to our Counterclaim. As we discussed, you didn't answer paragraphs twelve (12) through fifteen (IS) on page three (3). Per our conversation on September 28, 1994, I will forward under separate cover a settlement proposal. I want to be very clear that you did not request and I did not agree to any extension of time to correctly respond to our Counterclaim. In fact. I informed you that I filed the Ten-Day Notice and any selllement discussions would take place concurrently with this action proceeding according to Local and PA Rules of Civil Procedure. The date on the Certificate of Service attached to the Ten-Day Notice was erroneously marked September 27, 1994. Find enclosed copy of correct revised Certificate of Service marked September 28, 1994. A copy of the revised Certificate of Service was filed with the Prothonotary on September 29. 1994. Therefore, you have until October 10. 1994 to file a correct Answer to our Counterclaim before I can proceed with a Partial Default Judgement. If you have any questions or comments please don't hesitate to contact my office at 717-243-2141. Thank you for your time and attention with this maller, I do hope we can come to a mutually agreeable solution. Sincerely, d:d:~~~. . Defendant/Counter-plaintiff, Pro Se Enclosure cc: J1fe (with enclosure) MJK/mk if I! f<'I '" M )W>-o do. ~..: ltl~=>~ ~-:e~.'~ tI.:. C,:,(.)4\ ~ ~~)> ~) t--~....J ,0:';>- c.J'-' U) HI::tcE~ :~tJJWZ t....:c roW t--::a-:"'- ....=> OU t--. $' ~ ~ . . l1h';\ollt.,Vtlll,h"'I,jIl.VI ,'IIj/,'l''''/o~l''U<1' Kman'(QKman FINANCIAL GROUP 1'.0. lI<1x 1003 (,HUsl<-. I'A 17013.b003 (717) 243.2141 Michael J. lIman. Jr. c....,lnollA.,-n1 November 7, 1994 Guy A. Donatelli, Bsquire c/o Lamb, Windle.. McBrlane, P.C. 24 Bast Market Street P.O. Box 565 West Chester, Pennsylvania 19381-0565 In Re: NPI v. KIlIan (File No. 94-2018), et al. Dear Mr. Donatelli, Bnclosed find, Response to NPI's Answer to Motion to Diamiss, Response to NPI's Answer to Application for Bntry of Default Judgment and Answer to NPI's Motion to Open and/or Strike Default Judgment filed at the CUmberland County Courthouse this date. It was my understanding that you were required to officially enter your appearance along with or before responding to a current action. In any case, can I assume you have entered your appearance and therefore can accept service of all documents? I served both you and NPI this time but would appreciate a prompt Answer to this question so I can serve and contact tbe correct agency in regards to this matter. Tbank you for your time and attention. Sincerely, 1f~~/x.4+-. Defendant and Counter-Plaintiff Bnclosures (Served copies of above mentioned tbree filed documents) cc: William T. Cochran; c/o NPI-Management (witb enclosures) Honorable Judge Kevin A. Hess (with enclosures) ~rotbonota~ file No. 94-2018 Melinda M. KIlIan file MJK/mJc KrJ:i~ltfN Hrrrt!ltnt.lIh'\", h~U.. hl\~It''', IlIe: IWII..Iu1.ltk.i.t1 i.;h'UII.I'lllkl,\ .!t':!I'H' ~II',lUl. ,\\111111'....'1,1 ~~It"I. I ~\Xl Ml(l-!('.'H 1\'ftlJ i\dl"lvn. Ine \rund ltl.U\J~mtm '\inu' 1')4'l', 1\'1'11.. hl\t'..t.\,.., In.- \nll'nJP\'1 '\.\SII. SII\" h'IIh 1\o.'11l'1'iI...ln"'Ilf,ll1U' r"IlIJ'olllY ,I,"U," ..1 Ill.'.. \JI',INI'ln~lU.Jnu'I'''~lkhl Michael J. lIman. Ir. Gt'Ill'"lI^~111 Kman'(QKman FINANCIAL GROUP 1'.0. Ilox 1003 (;ullsl<'. PA 17013'0003 (717) 243.2141 l1w'^'oJ'lt.VIol/.h,,\/.JlkV' ,;llt't'I~-nlfff'''l November 7, 1994 Honorable Judge Kevin A. Hess Cumberland County Courthouse 3 South Hanover Street Carlisle, Pennsylvania 17013 In Re: File No. 94-2018; NPI v. Kman, et al. Your Honor, on October 17, 1994 and October 19, 1994 you Ordered a Rule to Show Cause upon NPI in regards to our Mot1on To Diemiss and Motion For Hearing. On November 4, 1994, NPI Answered your Order which compelled us to Respond to their statements. Please find attached for your review our filed Response to NPIs' Answers to your Order. If your office has any quest10ns at (717) 243-4321 or (717) 243-2141. considerat1on. please don't hesitate to contact us Thank you for your time and RespectfullY~ .i.J (. ~.. . 4ael J. Km , Jr. Defendant and Counter-Plaint1ff, Pro Se Enclosures cc: William T. Cochran; Plaintiff and Counter-Defendant GuyA. Donatelli, Esquire; Attorney Plaintiff ~othonotary File No. 94-2018 Melinda M. Kman file MJK/mJc RtJti.\ltrtd Htpfnflll,lll\"\', hlftl.. Im"!>IlIfS, 111\'" ll.'rtls; rin,mfi.11 lOhlllll.I'O 1\.'\ .!(,,!fH. Sl, ",1111, \\inn('o;.\I,1 !>Slu". 1.~l\lBl"lO'2ttJ8 l\ltlls '.MSt'fI, Inc. ,fund m.u...~mtnl ~Inci' Ill""', t'ortl'i Im~IllIt;, IlK, \nk'ml>c', ~,'Sll, Sll\l. li.'llt..l\t-nl'lit-" 1I\\IU,IflH' (l'lllt\Ut)' \b."'1('1 \'1 t'n;'~ V.uiolblt InsluoInu' J'fl'dlkl" BY THE COURT, '. NPI-MANAGEMENT CORP. AGENT FOR SOCIETY HILL APARTMENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA CIVILACfION - LAW vs. MICHAEL J. KMAN JR. and MELINDA M. KMAN, Defendants 94-2018 CIVIL TERM IN RE: MOTION FOR HEARING AND APPLICATION FOR ENTRY OF DEFAULT JUDGMENT ORDER AND NOW, this I?' day of October, 1994, a Rule is issued on the plaintiff to show cause why the requested relief should not be granted. This Rule returnable twenty (20) days after service. -1'V__ /! Ii Kevin A. Hess, J. / .,. s ,:y\ ~n!? !~ 8~ F# :N~ . Q,.. ~1 () ..!l .t. " {,II' (1t ~ i V~i.j'7'f,}' Clo.' -_', ,:.,: C(- '..frf. J':. '.:, ~ ~ 'dlij~ . ." Q. ,1 ~ F .' A Heari.ng i.s scheduled on the day of , \\ OCT 14 1994JIl"-" NPI-MANAGDBNT CORPORATION AGBN'l' FOR SOCIBTY HILL APARTNEN'l'S : COURT OF COMMON PLBAS : CUNBBRLAND COUNTY, PA . . . . Plai.nti.ff : No. 94-2018 . . v. . . . . MICHABL J. KHAN, JR. and MBLINDA M. KHAN . . . . . . . . Defendants : nDng AND NOW, thi.s day of , 19_, on Defendant/Counter-Plai.nti.ff's Moti.on For Heari.ng, i.t i.s hereby ORDBRED that the Moti.on i.s GRAN'J.'BD. 19____, to determi.ne damages i.n Defendant/Counter-plai.nti.ff's COUNTBRCLAIM, Counts II and III. Date: J. .. .: , NPI-HANAGBMBNT CORPORATION AGBN'l' FOR SOCIBTr HILL APARTMBN'l'S Plaint:Lff : COURT OF COMMON PLEAS : CUMBERLAND COUNTr, PA . . . . : No. 94-2018 . . v. . . . . MICHABL J. KHAN, JR. and MBLINDA M. KHAN . . . . . . . . Defendants . . IIO'/.'ION FOR _aDTIl1G NOW COMB, Defendant/Counter-Pla:Lnt:Lff's, M:Lchael and Mel:Lnda KIlIan, and move the Court as follows: To schedule a hear:Lng to determ:Lne damages for Counts II and III of Defendant/Counter-Plaint:Lff's COUNTERCLAIM. 1. Defendant/Counter-Pla:Lnt:Lff's rece:Lved Default Judgment on COUNTERCLAIM Counts II and III by mak:Lng Appl:Lcat:Lon thereof on October 13, 1994. 2. Defendant/Counter-Pla:Lnt:Lff's hereby :Lncorporates the APPLICATION FOR BN'l'Rr OF DEFAULT JUDGHBN'l' as :Lf fully set forth. WHEREFORE, Defendant/Counter-Pla:Lnt:L:ff's pray that the Court enter an order :Ln conformance w:Lth the forego:Lng Mot:Lon. Respectfully subm:Ltted, Br: AIl.l~( -J ( dl. zlIct;ael J. ~L Jr-:C;;;;-se 109 Meals Dr:Lve Carl:Lsle, Pennsylvan:La 17013 (717) 243-4321 .,.;.-,-" ,..-...,.---.-,... VBRI.FICllTION The language of the foregoing document is that of my own, I have read and drafted the foregoing document and it is true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Fa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: /0/ I "I/{1 cI r~ By: By~/16~~~~A' IIi bael J. KIll , Jr Plainti~~, Pro Be 109 lIeals Drive Carlisle, PA 17013 " .. t"IlRTIPICATB OP BBRVICB I, lIicbael J. KIIlan, Jr., certi~y tbat a true and correct copy o~ tbe 1I0TION POR HBARING was served upon tbe following by placing tbe same in tbe United States mail, postage prepaid and addressed to tbe addresses belowl tbis 14tb day o~ October, 1994: NPI-IIanagemfUlt Corporation AgfUlt ~or Society Hill ApartmfUlts c/o William T. Cocbran 150 Bast Swedes~ord Road Wayne, PfU1lIsylvan1a 19087 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI-MANAGEMENT CORPORATION Agent for Society Hili Apartments, Plaintiff, NO. 94-2018 v. MICHAEL KMAN and MELINDA KMAN, his wife, : CIVIL TERM Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel on behalf of Plaintiff, NPI-Management Corporation in the above captioned matter. LAMB, WINDLE & McERLANE, P.C. By: J\../1J) ~ ~u~J~~tell" ~u~ Attorney 1.0. No. 44205 24 E. Market Street, P.O. Box 565 West Chester, PA 19381-0565 (610) 430-8000 LAW OFFICES . LAMB. WINDLE & McERLANE. P.C. . 24 EAST MARKET STREET . WEST CHESTER. PA. 193Bl.0565 -::r en. - ::0: c.._ ... .... ~ - C> -- - ~~ "- t- ::.,"", \1'(-.- , ~~~: '....-" 'r ! I ~,>; :t '. '" ~"" LAMB, WINDLE , .,-.-',...' , - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI-MANAGEMENT CORPORATION Agent for Society Hili Apartments, Plaintiffs, No. 94-2018 v. MICHAEL KMAN alid MELINDA KMAN, Defendants. Civil Term PRAECIPE FOR DETERMINATION TO THE PROTHONOTARY: Kindly submit the following matter to the Honorable Kevin A. Hess for determination: Motion of NPI Management Corporation to Open and/or Strike Default Judgement Date of Filing/Service: September 21, 1995 Oral Argument is Requested. ~LANE, P.C. By: LAW OFFICES . LAMB. WINDLE 1Io McERLANE. P.C. . 24 EAST MARKET STREET . WEST CHESTER. PA 193BI,0565 ..,., ao - =c <>- C1) ~ CV> "-l "-l Q., w c.n 1'...""' .....siBrr"7!,. ~... ",,- I, .~- t! ~', . d.' ;~ 2; (.~. ':~ ~~ ~:.: r.'; , -~ '..J...' ;: ~{. co.:, :;, ~) ~ j ;..\ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter far the next Arg\I1lent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) NPI-Management Corporation, Agent for Society Hill ApartJrents (Plaintiff) vs. Michael Kman and Melinda Kman, His Wife (Defendant) No. 94-2018 civil. Tenn 19 1. State matter to be argued (i.e.. plaintiff's rrction for new trial, defendant's dBll1IT'er to ~laint, etc.): M:>tion of NPI Management Corporation to Open and/or Strike Default Judgnent 2. Identify counsel who will argue case: (a) for plaintiff: J\ddress: G.ly A. Donatelli, Esquire lOll 44205 Larrb, Windle & McErlane, P.C. 24 E. Market Street, P.O. Box 565 West Chester, PA 19381-0565 (b) far defendant: Address: Pro Se Michael and Melinda Kman 109 Meals Drive Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for arg\Illent. 4. Argunent Court Date: Dated: Attorney far , l, ~ - -- '- .... o. (") = ... ..., = ! ^.... ~.. ~": ~~ ..- (: - ,)-, NPI-MANAGEMENT CORPORATION, AGENT FOR SOCIETY HILL APARTMENTS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL KMAN and MELINDA KMAN, his wife, DEFENDANTS 94-2018 CIVIL TERM IN RE: PETITION TO STRIKE OR OPEN JUDGMENT BEFORE BAYLEY. J. AND HESS. J. ORDER OF COURT AND NOW, this ,., day of January, 1996, the default Judgment entered on defendants' counterclaim against plaintiff, IS STRICKEN. Guy A. Donatelli, Esquire For Plaintiff _ ~~ '/I'l/q", .J.. f'. Michael Kman, Pro se Melinda Kman, Pro se Defendants :saa RlED-OFACE OF TI-::: PROiHO~OTNW 96 JM-II 7 PH I: ~ I CUM8ERLhJD COUNlY FENNSYl.YA"J1A MICHAEL KMAN and MELINDA KMAN, his wife, DEFENDANTS 94-2018 CIVIL TERM NPI.MANAGEMENT CORPORATION, AGENT FOR SOCIETY HILL APARTMENTS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. IN RE: PETITION TO STRIKE OR OPEN JUDGMENT BEFORE BAYLEY. J. AND HESS. J. OPINION AND ORDER OF COURT BAYLEY, J., January 17,1996:- Plaintiff, NPI-Management Corporation, agent for Society Hili Apartments, obtained a judgment before a District Justice against defendants, Michael J. Kman and Melinda M. Kman. Defendants appealed to this court on April 20, 1994. Plaintiff responded to a Rule and filed a complaint on May 12, 1994. Defendants filed an answer with new matter on May 27, 1994. Plaintiff filed an answer to the new matter on June 20, 1994. On September 6, 1994, defendants filed a counterclaim upon which they took a default judgment on October 14, 1994. On November 2, 1994, plaintiff filed a petition to strike or open the default judgment. A petition to strike a judgment may be granted where a fatal defect appears on the face of the record. U.K. laSalle, Inc. v. Lawless, 421 Pa. Super. 496 (1992). Pa. Rule of Civil Procedure 1026(a) requires a responsive pleading [to a complaint] to be filed within twenty days after service. Pa. Rule of Civil Procedure 1031 (a) provides, 94-2018 CIVIL TERM that In answering a complaint: The defendant may set forth In the answer under the heading "Counterclaim" any cause of action heretofore asserted in assumpsit or trespass which he has against the plaintiff at the time of filing the answer. Defendants' answer to plaintiff's complaint included new matter pursuant to Pa. Rule of Civil Procedure 1030, but not a counterclaim pursuant to Rule 1031 (a). Plaintiff then filed an answer to the new matter on June 20, 1994. Over two months later on September 6, without the filed consent of plaintiff or leave of court, defendants arbitrarily filed a counterclaim. It is this counterclaim upon which they took a default judgment that plaintiff now seeks to strike or open. Pa. Rule of Civil procedure 1033 provides, in part: A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The counterclaim, filed by defendants on September 6, constitutes an amended pleading. Since defendants did not comply with Pa. Rule of Civil procedure 1033 before they filed the amended pleading, the record contains a fatal defect whereby we will strike the default judgment taken on the improperly filed counterclaim. -2- . 94-2018 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of January, 1996, the default judgment entered on defendants' counterclaim agaInst plaintiff, IS STRICKEN. Guy A. Donatelli, Esquire For Plaintiff Edgar B. Bayley, J., "> I" Michael Kman, Pro se Melinda Kman, Pro se Defendants :saa -3. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI MANAGEMENT CORPORATION Agent for Society Hill Apartments, Plaintiff, . : NO. 94-2018 v. . : CIVIL TERM MICHAEL KMAN and MELINDA KMAN, his wife, Defendants. PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned action as settled, discontinued and ended with prejudice. LAMB, WINDLE & McERLANE, P.C. By' AL;? Attorney 1.0. No. 44205 24 E. Market Street, P.O. Box 565 West Chester, PA 19381-0565 (610) 430-8000 By: - .. ,'-.I - L . I l! I ( v; (.) f': c 0 , , I. : , ; c: , j ~ 0.1...0 .~~: ,...: ,. ~