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IN THE COURT QF COMMON PLEAS OF CUMBERLAND COUNTY OF THE COMMONWEALTH OF PENNSYLVANIA
LAURENCE GALLAGHER, pro se
CIVIL ACTION - LAW
va.
00. 94 .. Lflll3 CML TER-l
COMPLAINT
JOSEPH RODRIGUEZ
NOTICE
You have been sued in court. If you wish to
defend against the claims set forth in the following
pages. you must take action within twenty (20) days
after this complaint and notice are served, by enter-
ing a written appearance personally or by attorney
and filing in writing with the court your defenses or
objections to the claims set forth against you. You
are warned that if you fail to do so the case may
proceed without you and a judgment may be en-
tered against you by the court without further
notice for any money claimed in the complaint or for
any other claim or relief requested by the plaintiff.
You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR
LA WYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BE-
LOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
COURT ADMINISTRATOR
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
,.
1M THI COURT or COMMON PLBAS or CUMBBRLAND COUNTY
or THI COMMONWBALTH or PBNNSYLVANIA
LAURENCE GALLAGHER DATE:
457 Rupley Road
Camp Hill, PA 17011 .
.
PLAINTIFF CIVIL ACTION - LAW
v. .
.
JOSEPH RODRIGUEZ . NO.94-lfd.'13 CIVIL TERM
.
c/o Dowling
R.R./Il, Box 2B2
McAlisterville, PA 17049
: COMPLAINT
DEFENDANT
COMPLAINT
1) plaintiff Laurence Gallagher is an individual residing at
457 Rupley Road, in the Borough of Wormleysburg, Camp Hill,
Cumberland county, Commonwealth of pennsylvania.
2) Defendant Joseph ROdriguez is an individual presently
(since 6/94) residing at c/o Dowling, R.R. #1, Box 282,
HcAlisterville, Juniata county, Commonwealth of pennsylvania and
who formerly resided at the following addresses, among others, in
the recent past: 457 Rupley Road, Camp Hill, PA (3/94 to 5/94);
Palm City Trailer Park, Annville, PAl c/o Lebanon Valley College,
Women's Dormitories, P.O. Box R, 101 N. College Av., Annville, PAl
218 E. 2nd st., Hummelstown, PAl 10 W. Wellsboro st., ManSfield,
PAl 6751 Emerald st., Fontalla, California; 432 W. Foothill Bl.,
Rialto, California.
3) Both Plaintiff and Defendant are mU. iuris and are not in
the naval or military service of the United states or its allies
,.
,
within the provisions of the Soldiers' and Sailors' Relief Act of
1940.
4) plaintiff has been engaged in renting the premises at 457
Rupley Road for several years. Plaintiff himself resides at the
same premises and rents approximately 50% of the premises to two
other persons (tenants) who have both private living areas and
bathrooms and who also share approximately 40% of the premises as
common areas (including but not limited to hallways, kitchen,
family room, foyer, other spare rooms, bedrooms, storage areas,
laundry and garage).
5) On or about March 1, 1994, Plaintiff and Defendant
entered into a Landlord-Tenant agreement in which Defendant
(Tenant) was to share the premiBes at 457 Rupley Road in exchange
for the payment of a monthly rental of $315, such rental to include
all utilities except telephone charges.
6) The parties expressly contracted that the Landlord-Tenant
agreement was for a month-to-month term with the provision for the
giving of 30-days notice.
7) The parties also expressly agreed to share telephone
charges, on an equal basis with respect to normal monthly charges,
and on an as used basis with respect to other charges, such as
toll, long-distance, directory assistance, and other non-customary
charges.
8) Defendant last paid rent for the month of April 1994 and
has been in breach of his contractual obligations and the landlord-
tenant agreement with Plaintiff since that time.
9) Defendant continuously occupied the above-referenced
premises from about March 1, 1994 through at least May 27, 1994.
10) On or about May 1, 1994, Defendant assured Plaintiff that
the rent for May 1994 would be paid by May 7, 1994. On or about
May 9, 1994, Defendant assured Plaintiff that he would satisfy the
rent for the month of May, would make an advance rent payment for
the month of June, and would pay the telephone obligations, all by
May 16. The aforesaid promised payments were to be in the form of
a check drawn on his "girlfriend's" checking account over her
signature, a method of payment that Defendant employed in the past,
since Defendant has indicated that he has neither credit nor any
bank account.
11) Defendant did not pay the rent for the months of May and
June 1994 ae agreed and promised aforesaid.
12) Plaintiff notified Defendant on May 17, 1994 in writing
that May'e rent was due immediately and that June's rent was due on
June 1, 1994. Such was in response to Defendant not satisfying his
obligations by May 16 as he promised.
13) Plaintiff wrote the Defendant on May 23, 1994 again
demanding May's rent and giving the Defendant 30 days written
notice of the termination of the Defendant's tenancy as required by
law. The termination of the tenancy was to be effective June 30,
1994 in accordance with the necessity of giving or receiving 30
days notice and with the provisions of the Landlord-Tenant Act.
Copies of this letter were both posted on the door to Defendant's
private living area and mailed to his work address (with the latter
mailing not being returned). (see Exhibit "A" attached).
14) Plaintiff was continuously away from the premises on a
business trip outside the Commonwealth that lasted from May 23
through 27, 1994, inclusive. Defendant was fully aware that
plaintiff would be on travel that week, and Defendant is believed
to have hurriedly and surreptitiously vacated the premises sometime
during that week.
15) Defendant failed to give any notice of his vacating the
premises, let alone 30-days written notice, as agreed aforesaid and
as required under the Commonwealth's Landlord-Tenant Act.
16) Defendant, on vacating the premises, left the premises in
an unclean and disorganized state, requiring the Plaintiff to
clean, vacuum, and organize the premises.
17) Defendant fled the premises in such haste that he left a
considerable amount of personal property, some of which he
repeatedly professed to Plaintiff and others was stolen from a
former employer (including, but not limited to, six sweaters, a
night table, Christmas decorations, a space heater, approximately
so record albums, a queen-size woolen blanket, a CB radio, an
ironing board, large quantities of commercial fragrance concentrate
solutions, numerous electronic fragrance dispensers, many unopened
boxes of bath soap and laundry detergent, various boxes and garbage
bags filled with refuse and clothing, and other items).
18) The manner that Defendant fled the premises, by leaving
such considerable, but worthless, property (considering that
Defendant did not have significant property, including a bed, on
"
--"C..-_..,.....,"
the premises All. initio) and the failure to give any notice of
vacating the premises under the rental agreement and as required by
law, left Plaintiff with the belief that Defendant had not, in
fact, vacated the premises. Plaintiff was therefore unable to
begin advertising for the rental of such premises and thus mitigate
the damages caused by Defendant's breach.
19) Plaintiff has lost or expended monies or has been damaged
by Defendant's breach of the rental and telephone agreements as set
forth in the attached Exhibit "B" (Assessment of Damages).
20) This Complaint represents an appeal by the Plaintiff from
partial judgment entered in Plaintiff's favor by the Honorable
District Justice Robert V. Manlove (Magisterial District No. 09-1-
02) on July 5, 1994 in CV 0000219-94 that awarded Plaintiff the
amounts of $158.25 (by permitting plaintiff to retain Defendant's
security deposit of $157.50, plus interest) and $299.75, for a
total of $458.00.
21) As of the date of the filing of this Complaint, Defendant
has not paid to Plaintiff any part of the $948.03 owing, despite
demands by Plaintiff or the Judgment entered by the said District
Justice.
22) This appeal from the aforesaid judgment is based upon the
failure by the District Justice to enter judgment in favor of
Plaintiff for the full amount sued for. The judgment from the
Honorable District Justice was in error as a matter of law in that
no part of the rent for June 1994 was awarded to the Plaintiff
despite Defendant's breach in not giving any notice and in leaving
the impression that he had not vacated the premises as aforesaid.
WHEREFORE, Plaintiff prays that this Honorable Court enter
judgment in his favor against the Defendant in the amount of
$948.03, plus interest, costs, and reasonable attorneys' fees.
I verify that the statements and the averments made in this
Complaint are true and correct, and I understand that false
statements, if any are contained within, are subject to the
penalties of Pa. C.S.A. sec. 4904 relating to unsworn
falsifications.
/1 ,.., <'(,. q.{
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Date
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May 23, 1994
(POSTED)
Larry Gallagher
457 Rupley Road
Camp Hill, PA 17011
(717) 731-9277
Joseph Rodriguez
457 Rupley Road
Camp Hill, PA 17011
RE: Failure to Pay Rent
Joe:
It is with regret that I request payment of the rent that you
owe me for May and June 1994, and I hereby give you written
notice to leave the premises on or before June 23, 1994.
(Under Pennsylvania law, either of us can give notice of
termination of your tenancy, which is a month to month
arrangement, by supplying the other with thirty (30) days written
notice of the termination of the tenancy. This letter is such
written notice to you that I am terminating the tenancy.)
On or about May 1, 1994, you informed me that you would not
be paying me the rent due May 1. You indicated that you would
be paying the rent in full by May 7. May 7 came and went without
your payment of the rent of $315. On or about May 10, you
informed me that you would be paying the rent soon (since you
said that it was the only bill that you had). On or about May
16, you told me that your girlfriend, Heather, was sending down
a check to pay for May and June I s rent and that you would pay
both months' rents by Wednesday (May 18) or Thursday (May 19).
On May 19, I posted a request for the rent on your door since
you had not paid the rent as promised. To date, I have not
received the rent or any response as to when it would be paid.
Joe, I have been more than patient regarding your nonpayment
of May's rent. Unfortunately, due to your failure to meet your
contractual obligations, I am giving you 30 days notice effective
the date of this letter to vacate the premises due to your
failure to pay rent. You must therefore leave the premises on
or before June 23, 1994. You are, of course, being held
accountable for the rent through June 23. Here is a breakdown
of what you are responsible for through June 23, 1994.
Rental May 1994 due May 1
Rental through June 25, 1994
Telephone charges for April
(includes sharing monthly bill and taxes)
Telephone charges,May (unknown-bill not received),est. 25.00
Telephone charges, June (" II II II ), est. 20.00
$315.00
242.50
25.00
Ex. "
,.
.
.
p. 2, letter to Joe Rodriguez, May 23, 1994
Amount owing as of today, assuming you leave
on or before June 23, 1994
$627.50
Although I am under no obligation to do so, if you indicate
to me by giving me 15 days notice of when your last day at the
premises will be, I will credit you for leaving on June 10,
1994. This will lower the amount owing by $157.!i0 to $470.00
as long as I receive written notice (in conformity with what
the law requires of you) that you are leaving on or before June
10, 1994.
I acknowledge that I have $155.00 security deposit, and I will
return that to you as long as I receive the rent through June
25 (or June 10) along with the appropriate written notice over
your signature on or before June 1, 1994.
I must inform you that I must receive the appropriate balance
owing (either $627.50 or $470.00) on or before June 1, or I
shall be forced to take action in the appropriate courts of
the Commonwealth of Pennsylvania. You can remit the amount
owing by certified check or money order made payable to me sent
to the above address. If you comply with this request by that
time, I shall return you the security deposit (along with any
excess from the estimated telephone charges if they are less
than estimated upon receipt of the bills), with interest (about
504:) .
Let me remind you that, if this matter proceeds to judgment,
it could impair your credit rating or prevent you from obtaining
loans or owning property, either individually or jointly with
others, in Pennsylvania and other jurisdictions as long as the
judgment remains unsatisfied. Of course, interest and court
and recovery costB can increase the indebtedness many times
more than the original debt, in time.
You should perhaps consult with an attorney before ignoring
this notice and final demand for payment of your obligation
to me under the law. A consultation with an attorney will likely
convince you of the wisdom of taking care of this debt now while
it representB only what is legally owing me.
Give me a call if you wish to discuss this or leave a message
on my answering machine.
Copies of this letter will be sent to your work address at
Hershey Foods and other locations to assure proper giving of
notice.
Larry Gallagher
cc:
,e","t, r4{f/(4rm.,.i( ~... r('7"I'i'f'~;T->'<" /2c:>t/}fr/..-z,H.-rs./or"7
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p.q
Date: July 29, 1994
Gallaqher v Ro4rique., Court of Common Plea., cumberlan4 county
Assumpsit Action: Recovery of Rents, Attorneys' Fees, etc. Owing
Plaintiff by Defendant
- assessment of damaoes
- June rent:
$315.00
315.00
- May rent:
- phone charges:
- May (bill ar. 6/4)
- basic $8.31
- non-basic 2.27
- tolls 24.59
- tax 1.65
- total
36.82
- April (bill ar
- basic
- non-basic
- tolls
- tax
- total
5/4)
8.31
2.27
12.14
.46
23.18
- Cleaning of area, etc. 30.00
- advertising 129.53
- costs of suit (OJ) 53.00
- costs of suit (CP) 45.50
- other costs tbd1
- reasonable attorneys' tbd
fees
- TOTALS:
$948.03 2
1 tbd" to be determined
2 this amount will increase with addition of costs, interest
and attorneys' fees
Ex. B
.
COMMONWEALTH OF PENNSYLVANIA
.
.
.
.
ss:
COUNTY OF CUMBERLAND
.
.
There appeared
before the undersigned authority one
Laurence Gallagher, the wi thin-named Plaintiff, who being duly
sworn acording to law, deposes and says that the averments and
statements contained in the foregoing Complaint are true and
correct to the best of his knowledge, information and belief.
~(("'<:-
Laurence Gallag
Plaintiff
Sworn to and subscribed before
me this ~ day ~\l}-- of 1994.
~1 ~nO,'{)fu~)
Notary Public
My Commission expires:
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... "--.. "-
LAURENCE GALLAGHER,
plaintiff
v.
JOSEPH RODRIGUEZ, aka
JOSEPH RODRIGUEZ, JR.,
Defendant
,.
~4.tl:~t
.
.
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-4293 CIVIL TERM
CIVIL ACTION - LAW
NOTICE OF HEARING BY BOARD OF ARBITRATORS
You are hereby notified that the Board of Arbitrators
appointed by the Court in the above captioned case will sit for
the purpose of their appointment at the Second Floor Hearing
Room, Old Cumberland county Courthouse, Carlisle, Pennsylvania,
on Tuesday, March 7, 1995, at 1:00 p.m.
John B. Fowler, III, Esq.
William S. Daniels, Esq.
Scott A. Freeland, Esq.
DATE: January 17, 1995
TO: Laurence Gallagher
457 Rupley Road
Camp Hill, PA 17011
Joseph Rodriguez, aka -
Joseph ROdriguez, Jr.
c/o Dowling
R.R. 1, Box 282
McAlisterville, PA 17049
Court Administrator
By:
'/mL ,~1
1/24/95
SECOND NOTICE SENT TO:
Joseph Rodriquez
42 Water street, No. 4
Washingtonville, PA 17884
/" . ,.
LAURENCE GALLAGHER,
Plaintiff
.
.
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-4293 CIVIL TERM
CIVIL ACTION - LAW
v.
JOSEPH RODRIGUEZ, aka
JOSEPH RODRIGUEZ, JR.,
Defendant
NOTICE OF HEARING BY BOARD OF ARBITRATORS
You are hereby notified that the Board of Arbitrators
appointed by the Court in the above captioned case will sit for
the purpose of their appointment at the Second Floor Hearing
Room, Old Cumberland County Courthouse, Carlisle, Pennsylvania,
on Tuesday, March 7, 1995, at 1:00 p.m.
John B. Fowler, III, Esq.
William S. Daniels, Esq.
Scott A. Freeland, Esq.
1:.-
John B. Fowler, III, Cha rman
Bard of Arbitrators
DATE: January 17, 1995
TO: Laurence Gallagher
457 Rupley Road
Camp Hill, PA 17011
Joseph Rodriguez, aka
Joseph Rodriguez, Jr.
clo Dowling
R.R. 1, Box 282
McAlisterville, PA 17049
Court Administrator
"
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. .
"'I~EZiiI"Gb" -zhl\ qj--
February 23, 1995
457 Rupley Road
camp Hill, PA 17011
(717) 731-9277 (H)
(410) 962-6633 (W)
John B. Fowler, Esquire
Chairman, Board of Arbitrators
28 So. Pitt Street
Carlisle, PA 17013
RE: Gallagher v. Rodriguez
Cumbo Co. C.P. #94-4293
On February 6, 1995, I sent a copy of the attached Request for
continuance to all concerned, including Defendant Rodriguez.
As I informed you, I shall be in Richmond, VA on March 7 on
official government travel. It was suggested that I contact
Defendant and try to obtain a mutually agreeable day on which the
Hearing can be rescheduled. As Defendant does not have a
telephone number and as he has a history of moving frequently and
of not informing the Court or the Postal Service of his new or
forwarding addresses, I indicated that this would be not easy.
To date, but not to my surprise, I have received nothing from
Defendant regarding the dates that would be acceptable to him for
rescheduling the Arbitration Hearing in this matter. I would
guess that you have not heard anything from him either (even
though I provided him with a postage-free, pre-addressed envelope
for his reply to you).
I therefore request that the Arbitration Hearing be rescheduled
for either April 7, 21, May 19, June 2, 16, 3D (preferably after
1100 p.m.) or any of the other dates that I proposed in my
Request for Continuance of February 6, 1995 and notify all
concerned.
Please contact me if you should have any questions. Thank you.
sincerely,
~~
Laurence Galla
/.
-.
.
IN TUB COURT OF COHKON PLBAS OF CUMBBRLAND COUNTY
OF TUB COHKOHWBALTH OF PBNNSYLVANIA
LAURENCE GALLAGHER
457 Rupley Road
Camp Hill, PA 17011
PLAINTIFF
DATE: February 6, 1995 ,
.
.
CIVIL ACTION - LAW
v.
JOSEPH RODRIGUEZ, a.k.a. Jr.
42 Water street, #4
Washingtonville, PA 17884
DEFENDANT
NO.94-4293 CIVIL TERM
.
.
.
.
RBOUBST POR CONTINUANCB OF ARBITRATORS' HBARING
Plaintiff moved for Arbitration of this civil action and
provided multiple dates on which the Hearing could be scheduled and
conducted. The appointment of the Arbitrators was delayed beyond
any of the multiple dates proposed by Plaintiff.
An Arbitrators' Hearing was recently scheduled in this matter
for Tuesday, March 7, 1995 at 1:00 p.m. in the Second Floor Hearing
Room, Old Cumberland County Courthouse, Carlisle, PA.
Due to the need to conduct additional discovery, it is
premature to conduct such Arbitrators' Hearing at the date and time
scheduled. Also, due to prior scheduling conflicts, the Plaintiff
is unable to appear at the Arbitrators' Hearing as now scheduled.
On February 6, 1995, Plaintiff contacted the Chairman of the
Arbitrators' Panel and informed him of the need for additional
discovery and of the need for a continued date for the Arbitrators'
Hearing in any event.
At the suggestion of the Chairman of the Arbitrators (John B.
Fowler, ,III, Esquire, 28 S. Pitt st., Carlisle, PA 17013), a letter
is being sent to Defendant at the address listed in the caption
requesting that he select three of the 11 prospective dates listed
below for the continued Arbitrators' Hearing. The Chairman can
then select one of the dates that Defendant selected on which to
reschedule the Arbitrators' Hearing.
'. .
To this end, a copy of this Request was sent to Defendant on
. February 6, 1995 at his last known address listed above (since
Defendant either does not have or has not provided a current
telephone number where he can be reached) to obtain his three
selections of tha dates and times listed below. A pre-addressed,
postage-free envelope was also provided to Defendant in order to
facilitate his response to the Chairman.
It is requested that the Arbitrators' Hearing be in4efinitely
. staye4 pen4ing completion of 4isoovery, or, in the alternative,
that the Arbitrators' Hearing be resohe4ule4 on one of the
following 4ate.:
Friday, April 21, 1995, at or after 1:00 p.m.
Friday, Hay 19, 1995, at or after 1:00 p.m.
Friday, June 2, 1995, at or after 1:00 p.m.
Friday, June 16, 1995, at or after 1:00 p.m.
Friday, June 30, 1995, at or after 1:00 p.m.
Friday, July 14, 1995, at or after 1:00 p.m.
Friday, July 28, 1995, at or after 1:00 p.m.
Friday, August 11, 1995, at or after 1:00 p.m.
Friday, August 25, 1995, at or after 1:00 p.m.
Friday, September 8, 1995, at or after 1:00 p.m.
Friday, September 22, 1995, at or after 1:00 p.m.
Respectfully submitted:
Date
LAURENCE GALLAGHER
Plaintiff
certificate of Service:
I certify that a true and complete copy of the foregoing
Request for continuance of Arbitrators' Hearing was mailed, first
class mail, to Joseph Rodriguez, a.k.a. Jr., Defendant in the above
action, ,at his residence at 42 Water Street, #4, Washingtonville,
PA 17884 on this 6th day of February of 1995.
Laurence Gallagher
Plaintiff
...
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.
February 6, 1995
457 Rupley Road
camp Hill, PA 17011
(717) 731-9277 (H)
John B. FOWler, III, Esquire
28 S. pitt street
Carlisle, PA 17013
RE: 4293 Civil (Cumb. CP)
Enclosed please find original Request for continuance of
Arbitrators' Hearing in the above matter.
A copy has been sent to the Defendant to obtain his selection of
three of the 11 proposed dates.
When you receive his response, you can schedule the Arbitrators'
Hearing, selecting one of the three dates that Defendant
selected.
Your consideration is appreciated.
Sincerely,
cJtfft'-.!u'/~z.~o-<-&--
Laurence Galla~er
Enclosure
/'
...., .~,...,
-
,.
IN THB COURT O~ COKMON PLBAS O~ CUHBBRLAND COUNTY
O~ THB COKMONWBALTH O~ PBNNSYLVANIA
LAURENCE GALLAGHER
457 Rupley Road
Camp Hill, PA 17011
PLAINTIFF
DATE: February 6, 1995
.
.
.
.
.
.
CIVIL ACTION - LAW
v.
.
.
JOSEPH RODRIGUEZ, a.k.a. Jr.
42 Water street, #4
Washingtonville, PA 17884
DEFENDANT
: NO.94-4293 CIVIL TERM
:
.
.
.
.
RBOUBST FOR CONTINUANCB OF ARBITRATORS' BBARING
Plaintiff moved for Arbitration of this civil action and
provided multiple dates on which the Hearing could be scheduled and
conducted. The appointment of the Arbitrators was delayed beyond
any of the multiple dates proposed by Plaintiff.
An Arbitrators' Hearing was recently scheduled in this matter
for Tuesday, March 7, 1995 at 1:00 p.m. in the Second Floor Hearing
Room, Old Cumberland County Courthouse, Carlisle, PA.
Due to the need to conduct additional discovery, it is
premature to conduct such Arbitrators' Hearing at the date and time
scheduled. Also, due to prior scheduling conflicts, the Plaintiff
is unable to appear at the Arbitrators' Hearing as now scheduled.
On February 6, 1995, Plaintiff contacted the Chairman of the
Arbitrators' Panel and informed him of the need for additional
discovery and of the need for a continued date for the Arbitrators'
Hearing in any event.
At the suggestion of the Chairman of the Arbitrators (John B.
Fowler, III, Esquire, 28 S. Pitt st., carlisle, PA 17013), a letter
is being sent to Defendant at the address listed in the caption
requesting that he select three of the 11 prospective dates listed
below for the continued Arbitrators' Hearing. The Chairman can
then select one of the dates that Defendant selected on which to
reschedule the Arbitrators' Hearing.
.
. .
To this end, a copy of this Request was sent to Defendant on
February 6, 1995 at his last known address listed above (since
Defendant either does not have or has not provided a current
telephone number where he can be reached) to obtain his three
selections of the dates and times listed below. A pre-addressed,
postage-free envelope was also provided to Defendant in order to
facilitate his response to the Chairman.
It is requested that the Arbitrators' Hearing be indefinitely
stayed pending completion of discovery, or, in the alternative,
that the Arbitrators' Hearing be rescheduled on one of the
following dates:
Friday, April 21, 1995, at or after 1:00 p.m.
Friday, May 19, 1995, at or after 1:00 p.m.
Friday, June 2, 1995, at or after 1:00 p.m.
Friday, June 16, 1995, at or after 1:00 p.m.
Friday, June 30, 1995, at or after 1:00 p.m.
Friday, July 14, 1995, at or after 1:00 p.m.
Friday, July 28, 1995, at or after 1:00 p.m.
Friday, August 11, 1995, at or after 1:00 p.m.
Friday, August 25, 1995, at or after 1:00 p.m.
Friday, September 8, 1995, at or after 1:00 p.m.
Friday, September 22, 1995, at or after 1:00 p.m.
Respectfully submitted:
-7- - c. -- '? 5-
Date
certificate of Service:
I certify that a true and complete copy of the foregoing
Request for Continuance of Arbitrators' Hearing was mailed, first
class mail, to Joseph Rodriguez, a.k.a. Jr., Defendant in the above
action, at his residence at 42 Water street, #4, Washingtonville,
PA 17884 on this 6th day of February of 1995.
:#C1'-;!-t'-;!/r~;~-t"
Laurence Gallagh
Plaintiff
~, "',"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
OF THE COMMONWEALTH OF PENNSYLVANIA
LAURENCE GALLAGHER
457 Rupley Road
camp Hill, PA 17011
PLAINTIl'F
DATE:
CIVIL ACTION - LAW
v.
JOSEPH RODRIGUEZ, aka
JOSEPH RODRIGUEZ, Jr.
c/o Dowling
R.R.#l, Box 282
McAlisterville, PA 17049
DEFENDANT
NO.94 - 4293 CIVIL TERM
.
.
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Laurence Gallagher, the plaintiff in the above-captioned
action, respectfully represents that:
1) The above-captioned action is at issue.
2) The claim of the plaintiff in the action is $948.03
P.J..wi interest, costs and reasonable attorney's fees.
3) The counterclaim of defendant is $0 (none).
The following attorneys are otherwise disqualified to sit as
arbitrators: Ron Turo; Edward Guido; David Foster.
Due to scheduling constraints, the following dates are
proposed for the SCheduling of the arbitration hearing: October 21,
28; November 4, 11, 18, 25; December 2, 16, 26, 30; January 2, 13,
16, 27; February 10; 20; 24.
,.
WHEREFORE, the petitioner-plaintiff prays the Honorable Court
to appoint three (3) arbitrators to whom the case shall be
submitted.
R~ectfullY submitte
t"7\.:?c-uuc..-)1cct' ~
Laurence Gallagh
ORDER OF COURT
AND NOW, \J'AnuJ'lL V.5 , 199.5, in consideration of the
foregoing petition, ~h;'l lj. /OJ[/(. 71 r , Esq., W, '//,'I'*Ih1
JJtJ^','~/~ , Esq., and ~()1f g',I'-IA"',,{ , Esq. are
appointed arbitrators in the above-captioned action as requested.
P.J.
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'IN THE COURT QF COMMON PLEAS OF CUMBERLAND COUNTY OF THE COMMONWEALTH OF PENNSYLVANIA
LAURENCE GALLAGHER, pro se
CIVIL ACTION - LAW
va.
00. 94-4Jl)3 CIVIL TER-l
COMPLAINT
JOSEPH ImRIGUEZ
NOTICE
You have been sued in court. If you wish to
defend against the claims set forth in the following
pages, you must take action within twenty (20) days
after this complaint and notice are served, by enter-
ing a written appearance personally or by attorney
and filing in writing with the court your defenses or
objections to the claims set forth against you. You
are warned that if you fail to do so the case may
proceed without you and a judgment may be en-
tered against you by the court without further
notice for any money claimed in the complaint or for
any other claim or relief requested by the plaintiff.
You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BE.
LOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
COURT ADMINISTRATOR
TRUE COF:'Y FFCI,,1 r~f:CORq. urth Floor
" Tflsttmony \1::C','\I1, I !l::'~~ iioh: ~(:I my I\an~
:,nd the Slk11 ~ ~,:lu CCiUIi al Cel:;~, ~ Cumberland County Courthouse
,h~tj,1y Gin, 19 .,1/
. )J1 tr ,'- -
I' Pr h rlisle, Pennsylvania 17013
01 onotal)'
(717) 240-6200
IN THB COURT OF COHKON PLBAS OF CUMBBRLAND COUNTY
OF THB COHKONWEALTH OF PBHNSYLVAHIA
LAURENCE GALLAGHER DATE:
457 Rupley Road
camp Hill, PA 17011 .
.
PLAINTIFF CIVIL ACTION - LAW
v.
JOSEPH RODRIGUEZ . NO.94- '1$ CIVIL TERM
.
c/o Dowling
R.R.#l, Box 282
McAlisterville, PA 17049
. COMPLAINT
.
DEFENDANT
.
.
COMPLAINT
1) plaintiff Laurence Gallagher is an individual residing at
457 Rupley Road, in the Borough of Wormleysburg, camp Hill,
Cumberland county, Commonwealth of pennsylvania.
2) Defendant Joseph Rodriguez is an individual presently
(since 6/94) residing at c/o Dowling, R.R. #1, Box 282,
McAlisterville, Juniata County, Commonwealth of Pennsylvania and
who formerly resided at the following addresses, among others, in
the recent past: 457 Rupley Road, Camp Hill, PA (3/94 to 5/94);
Palm city Trailer Park, Annville, PAl 8)'.!. -, _..~, ~-,
n_R\t:Ul..~' L i__sris8, P..9. B_u R, 181 11. ~_ll_~_ ft...., J\.Rftllt,:illa, FA,
'218 B. lll.1i B~ . Ihl_als1;el:Jl., PM 1iI 11. 11_11-"'-_= r~ , "I rl~ltJ.,
PAl 6751 Emerald st., Fontana, California; ,~v n. F.. 11 111 81.,
.... r ,. , - .. J.e .: ,,_
3) Both Plaintiff and Defendant are mli iuris and are not in
the naval or military service of the United states or its allies
~b~J&'.P
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within the provisions of the Soldiers' and Sailors' Relief Act of
1940.
4) Plaintiff has been engaged in renting the preloises at 457 D
Rupley Road for several years. Plaintiff himself resides at the \S~
same premises and rents approximately 50\ of the premises to two
other persons (tenants) who have both private living areas and
hathrooms and who also share approximately 40\~the premises as
ommon areas (including b not 1 mit~to ha ays, kitchen,
r, other s ooms, b ,orage areas,
laundry and garage .
5) On or about March 1, 1994, Plaintiff and Defendant II /
entered into a Landlord-Tenant agreement in which Defendant 11~~
(Tenant) was to share the premises at 457 Rupley Road in exchange
for the payment of a monthly rental of $315, such rental to include
all utilities except telephone charges.
6) The parties expressly contracted that the Landlord-Tenant A/:" nn
agreement was for a month-to-month term with the provision for the t1~~
giving of 30-days notice.
7) The parties also expressly agreed to share telephone A
charges, on an equal basis with respect to normal monthly charges, F
and on an as used basis with respect to other charges, such as 'OA.J.fZ.-./
toll, long-distance, directory assistance, and other non-customary
charges.
8) Defendant last paid rent for the month of April 1994 and
has been in breach of his contractual obligations and the landlord-
tenant agreement with Plaintiff since that time.
'0
9) Defendant continuously occupied the above-referenced 1)
premises from about March 1, 1994 through at least May 27, 1994. -/
~rf(..11 e it:..
10) On or about May 1, 1994, Defendant assured Plaintiff that
the rent for May 1994 would be paid by May 7, 1994. On or about
May 9, 1994, Defendant assured Plaintiff that he would satisfy the
rent for the month of May, would make an advance rent payment for~' I.on
the month of June, and would pay the telephone obligations, all by V IS "l?Iu:x...-
May 16. The aforesaid promised payments were to be in the form of
a check drawn on his "girlfriend's" checking account over her
signature, a method of payment that Defendant employed in the past,
since Defendant has indicated that he has neither credit nor any
bank account.
14) Plaintiff was continuously away from the premises on a
business trip outside the Commonwealth that lasted from May 23
through 27, 1994, inclusive. Defendant was fully aware that
plaintiff would be on travel that week, and Defendant is believed
to have hurriedly and surreptitiously vacated the premises sometime
during that week.
11) Defendant did not pay the rent for the months of May and
June 1994 as agreed and promised aforeBaid.
12) plaintiff notified Defendant on May 17, 1994 in writing ~_~.'n
that May's rent was due immediately and that June's rent was due on ~~
June 1, 1994. Such was in response to Defendant not satisfying his
obligations by May 16
13) Plaintiff wrote the Defendant on May 23, 1994 again
demanding May's rent and giving the Defendant 30 days written
notice of the termination of the Defendant's tenancy as required by
law. The termination of the tenancy was to be effective June 30, f1r. nn
1994 in accordance with the necessity of giving or receiving 30 n~~
days notice and with the provisions of the Landlord-Tenant Act.
Copies of this letter were both posted on the door to Defendant's
private living area and mailed to his work address (with the latter
mailing not being returned). (See Exhibit "A" attached).
15) Defendant failed to give any notice of his vacating the
premises, let alone 30-days written notice, as agreed aforesaid and
as required under the Commonwealth's Landlord-Tenant Act.
C>
16) Defendant, on vacating the premises, left the premises in j)i~
an unclean and disorganized state, requiring the Plaintiff to
clean, vacuum, and organize the premises.
17) Defendant fled the premises in such haste that he left a
considerable amount of personal property, some of which he \\ A~ A AA&
repeatedly professed to Plaintiff and others was stolen from a Y 'l/,j'VV"J v-
former employer (including, but not limited to, six sweaters, a
night table, Christmas decorations, a space heater, approximately
50 record albums, a queen-size woolen blanket, a CB radio, an
ironing board, large quantities of commercial fragrance concentrate
solutions, numerous electronic fragrance dispensers, many unopened
boxes of bath soap and laundry detergent, various boxes and garbage
bags filled with refuse and Clothing, and other items).
18) The manner that Defendant fled the premises, by leaving
such considerable, but worthless, property (considering that
Defendant did not have significant property, including a bed, on
"
the premises Al2 initio) and the failure to give any notice of ~
vacating the premises under the rental agreement and as required by 1\
law, left plaintiff with the belief that Defendant had not, in LJ
fact, vacated the premises. Plaintiff was therefore unable to
begin advertising for the rental of such premises and thus mitigate
the damages caused by Defendant's breach.
19) Plaintiff has lost or expended monies or has been damaged 1\' . A N\D
by Defendant's breach of the rental and telephone agreements as set v~I-'
forth in the attached Exhibit "B" (Assessment of Damages).
20) This Complaint represents an appeal by the Plaintiff from
partial judqment entered in Plaintiff's favor by the Honorable ~
District Justice Robert V. Manlove (Magisterial District No. 09-1- ~
02) on July 5, 1994 in CV 0000219-94 that awarded plaintiff the
amounts of $158.25 (by permitting plaintiff to retain Defendant's
security deposit of $157.50, plus interest) and $299.75, for a
total of $458.00.
o
21) As of the date of the filing of this complaint, Defendant n
has not paid to Plaintiff any part of the $948.03 owing, despite
demands by plaintiff or the Judqment entered by the said District
Justice.
22) This appeal from the aforesaid judqment is based upon the
failure by the District Justice to enter judqment in favor of
Plaintiff for the full amount sued for. The judqment from the
~~
Honorable District Justice was in error as a matter of law in that v
no part of the rent for June 1994 was awarded to the Plaintiff
despite Defendant's breach in not giving any notice and in leaving
the impression that he had not vacated the premises as aforesaid.
WHEREFORE, Plaintiff prays that this Honorable Court enter
judqment in his favor against the Defendant in the amount of
$948.03, plus interest, costs, and reasonable attorneys' fees.
I verify that the statements and the averments made in this
Complaint are true and correct, and I understand that false
statements, if any are contained within, are subject to the
penalties of Pa. C.S.A. sec. 4904 relating to unsworn
falsifications.
"r oJkl
...-"}" v'( , {
Date
"y , ~~j/~
,/^--<:t.-e.(.~."~ ~f ~,-~,.,
Laurence Gallagh
plaintiff
...
. ,
May 23, 1994
(POSTED)
Larry Gallagher
457 Rupley Road
Camp Hill, PA 17011
(717) 731-9277
Joseph Rodriguez
457 Rupley Road
Camp Hill, PA 17011
RE: Failure to Pay Rent
Joe:
It is with regret that I request payment of the rent that you
owe me for May and June 1994, and I hereby give you written
notice to leave the premises on or before June 23, 1994.
(Under Pennsylvania law, either of us can give notice of
termination of your tenancy, which is a month to month
arrangement, by supplying the other with thirty (30) days written
notice of the termination of the tenancy. This letter is such
written notice to you that I am terminating the tenancy.)
On or about May 1, 1994, you informed me that you would not
be paying me the rent due May 1. You indicated that you would
be paying the rent in full by May 7. May 7 came and went without
your payment of the rent of $315. On or about May 10, you
informed me that you would be paying the rent soon (since you
said that it was the only bill that you had). On or about May
16, you told me that your girlfriend, Heather, was sending down
a check to pay for May and June '5 rent and that you would pay
both months' rents by Wednesday (May le) or Thursday (May 19).
On May 19, I posted a request for the rent on your door since
you had not paid the rent as promised. To date, I have not
received the rent or any respon~e as to wh~n it would be paid.
Joe, I have been more than patient regarding your nonpayment
of May's rent. Unfortunately, due to your failure to meet your
contractual obligations, I am giving you 30 days notice effective
the date of this letter to vacate the premises due to your
failure to pay rent. You must therefore leave the premises on
or before June 23, 1994. You are, of course, being held
accountable for the rent through June 23. Here is a breakdown
of what you are responsible for through June 23, 1994.
$315.00
242.50
25.00
Rental May 1994 due May 1
Rental through June 25, 1994
Telephone charges for April
(includes sharing monthly bill and taxes)
Telephone charges, May (unknown-bill not received),est. 25.00
Telephone charges, June (" " " "),est. 20.00
E>c. ^
...
.
p. ~, letter to Joe ROdriguez, May 23, 1994
Amount owing as of today, assuming you leave
on or before June 23, 1994
$627.50
Although I am under no obligation to do so, if you indicate
to me by giving me 15 days notice of when your last day at the
premises will be, I will credit you for leaving on June 10,
1994. This will lower the amount owing by $ 157.!j0 to $470.00
as long as I ,:,eceive written notice (in conformity with what
the law requires of you) that you are leaving on or before June
10, 1994.
I acknowledge that I have $155.00 security deposit, and I will
return that to you as long as I receive the rent through June
25 (or June 10) along with the appropriate written notice over
your signature on or before June 1, 1994.
I must inform you that I must receive the appropriate balance
owing (either $627.50 or $470.00) on or before June 1, or I
shall be forced to take action inthe appropriatecourts of
the Commonwealth of Pennsylvania. You can remit the amount
owing by certified check or money order made payable to me sent
to the above address. If you comply with this request by that
time, I shall return you the security deposit (along with any
excess from the estimated telephone charges if they are less
than estimated upon receipt of the bills), with interest (about
501t).
Let me remind you that, if this matter proceeds to judgment,
it could impair your credit rating or prevent you from obtaining
loans or owning property, either individually or jointly with
others, in Pennsylvania and other jurisdictions as long as the
judgment remains unsatisfied. Of course, interest and court
and recovery costs can increase the indebtedness many times
more than the original debt, in time.
You should perhaps consult with an attorney before ignoring
this notice and final demand for payment of your obligation
to me under the law. A consultation with an attorney will likely
convince you of the wisdom of taking care of this debt now while
it represents only what is legally owing me.
Give me a call if you wish to discuss this or leave a message
on my answering machine.
Copies of this letter will be sent to your work address at
Hershey Foods and other locations to assure proper giving of
notice.
Larry Gallagher
cc:
"elt-"t "",4!v{"r m.,..i ( ~.., r(?., l'l'f .~ ::Tc-"t" 12c1/'11 v t!"Z, H "',....,/0.-/
F,c;c!tJI, Il-..erfrtj er~."f<d' P/bd.n.""(',> I I"'f b. CrLDtlote~ ;11'., rt.-ns,(?
p,q
t.
~~,1':<<'"1"-'~
. -
Date: July 29, 1994
aallaqher v Rodrique., Court of Common Plea., cuaberland County
Assumpsit Action: Recovery of Rents, Attorneys' Fees, etc. owing
Plaintiff by Defendant
- assessment of damaaes
- May rent:
$315.00
315.00
- June rent:
- phone charges:
- May (bill ar. 6/4)
- basic $8.31
- non-basic 2.27
- tolls 24.59
- tax 1.65
- total
36.82
- April (bill ar
- basic
- non-basic
- tolls
- tax
- total
5/4)
8.31
2.27
12.14
.46
23.18
- cleaning of area, etc. 30.00
- advertising 129.53
- costs of suit (OJ) 53.00
- costs of suit (CP) 45.50
- other costs tbd1
- reasonable attorneys' tbd
fees
- TOTALS:
$948.03 2
1 tbd = to be determined
2 this amount will increase with addition of costs, interest
and attorneys' fees
Bx. B
COMMONWEALTH OF PENNSYLVANIA
.
.
.
.
8S:
COUNTY OF CUMBERLAND
.
.
There appeared
before the undersigned authority one
Laurence Gallagher, the wi thin-named Plaintiff, who being duly
sworn acording to law, deposes and says that the averments and
statements contained in the foregoing Complaint are true and
correct to the best of his knowledge, information and belief.
~-<-<~,t.-#/../c.c:,
Laurence Gallaghe, Plaintiff
Sworn to and subscribed befcr.e
me this ~~day :lIul~ of 1994.
~-0L L Q 0 n a. '-Ottl~J~)
Notary Public
My Commission expires:
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IN THB COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
OF THB COMMONWEALTH OF PBNNSYLVANIA
LAURENCE GALLAGHER
457 Rupley Road
Camp Hill, PA 17011
PLAINTIFF
DATE:
CIVIL ACTION - LAW
v.
JOSEPH RODRIGUEZ, aka
JOSEPH RODRIGUEZ, JR.
c/o Dowling
R.R.#l, Box 282
McAlisterville, PA 17049
DEFENDANT
NO.94 - 4293 CIVIL TERM
.
.
PLAINTIFF'S PRELIMINARY OBJECTIONS
TO DEFENDANT'S PURPORTED ANSWER TO PLAINTIFF'S COMPLAINT
1) Plaintiff filed a Complaint, with Notice to Defend and
Plead, in the above-captioned matter with the Prothonotary on July
29, 1994, with a true and correct copy of said complaint being
properly served on Defendant on or about July 29, 1994, along with
certificate of service, proof of service, and verification, all in
accordance with the Pa.R.C.P.
2) The time within which Defendant was to file an Answer
expired before the Defendant filed any document in this matter,
and, to this date, Plaintiff has not been served with any answer to
his Complaint.
3) Plaintiff filed the Important Notice of Entry of Default
Judgment and served a copy thereof on Defendant in accordance with
Rule 237.1 of the Pa.R.C.P. on or about September 9, 1994.
4) Plaintiff received no response to the Notice under Rule
237.1, and, to this date, has yet to receive any response to any
pleading or notice filed in this matter.
/.
> "~>
-,.,...,.,,
..-
5) Plaintiff telephoned the Prothonotary on October 5, 1994
in preparation for filing of a Praecipe for Entry of a Default
Judgment and was informed that Defendant had untimely filed a
document which purports to be an Answer to the Complaint.
6) In addition to being untimely, Defendant's purported
Answer is the subject of Plaintiff's Preliminary Objections for the
following reasons:
a) Defendant's purported Answer fails to conform to law
or rule of court and includes scandalous or impertinent
matter per RUle 1028(a) (2) of the Pa.R.C.P. in that it
i) was not served on the Plaintiff per RUle 440;
ii) was not verified per Rule 1024;
iii) was not endorsed per RUle 1025;
iv) contains impertinent and scandalous matter; and
v) otherwise does not conform to the Pa.R.C.P.
b) Defendant's purported Answer fails to plead
sufficient specificity per RUle 1028(a) (3);
c) Defendant's purported Answer is legally insufficient
as a pleading under RUle 1028(a) (4).
7) Based upon the foregoing, Defendant's purported Answer
amounts to a nullity, and does not qualify as an Answer or a
pleading under the Pa.R.C.P. deserving of any reply.
WHEREFORE, Plaintiff requests this Honorable Court to strike
Defendant's purported Answer as being a nullity by law.
I verify that the statements and the averments made in
Plaintiff's Preliminary Objections are true and correct, and I
understand that false statements, if any are contained within, are
subject to the penalties of Pa. C.S.A. sec. 4904 relating to
unsworn falsifications.
I certify that a true, complete and correct copy of
Plaintiff's Preliminary Objections to Defendant's Purported Answer
was served on Defendant at his address of record by first claso
mail on October 12, 1994.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
OF THE COMMONWEALTH OF PENNSYLVANIA
LAURENCE GALLAGHER
457 Rupley Road
Camp Hill, PA 17011
PLAINTIFF
v.
CIVIL ACTION - LAW
JOSEPH RODRIGUEZ, aka Jr.
c/o Dowling
R.R.#1, Box 282
McAlisterville, PA 17049
DEFENDANT
NO. 94 - 4293
CIVIL TERM
NOTICE
TO: JOSEPH RODRIGUEZ (JR)
DEFENDANT
Date of This Notice: Auaust 26. 1994
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE
FAILED TO TAKE ACTION REQUIRED OF YOU
IN THIS CASE. UNLESS YOU ACT WITHIN
TEN DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED 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 OF-
FICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP:
COURT ADMINISTRATOR
FOURTH FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
X/<:::v~a.
Laurence Gallag er, Pla ntiff
457 Rupley Roa'd
Camp Hill, Pe~nsylvania 17011
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Affidavit of Service
I swear and affirm that a true, correct and complete copy of
the Important Notice of Default was served upon the Defendant by
first-class mail at his listed residence address (c/o Dowling,
R.R. #1, Box 282, McAlisterville, PA 17049) on August 26, 1994.
PS Form 3817 (Certificate of Mailing) is attached.
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Laurence Gallag
Plaintiff
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NO. 94 - <(~f~ CIVIL TERM
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Affidavit of Service
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I swear and affirm that a true, correct and complete copy of
the Complaint (at Law) with attachments was served upon the
Defendant by first-class mail at his listed resdence address (c/o
Dowling, R.R. #1, Box 282, McAlisterville, PA
1994. - p'-tn> f oj ,/f/O;('7" ~t'e'z.-Z,;( -G,) 31
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-4293 CIVIL TERM
CIVIL ACTION - LAW
LAURENCE GALLAGHER,
Plaintiff
JOSEPH RODRIGUEZ, aka
JOSEPH RODRIGUEZ, JR.,
Defendant
NOTICE OF HEARING BY BOARD OF ARBITRATORS
You are hereby notified that the Board of Arbitrators
appointed by the Court in the above captioned case will sit for
the purpose of their appointment at the Second Floor Hearing
Room, Old Cumberland County Courthouse, carlisle, Pennsylvania,
on Tuesday, March 7, 1995, at 1:00 p.m.
John B. Fowler, III, Esq.
William S. Daniels, Esq.
Scott A. Freeland, Esq.
John B. Fowler, III, Cha rman
~ard of Arbitrators
DATE: January 17, 1995
TO: Laurence Gallagher
457 Rupley Road
Camp Hill, PA 17011
~oseph Rodriguez, aka
, Joseph Rodriguez, Jr.
c/o Dowling
R.R. 1, Box 282
McAlisterville, PA 17049
Court Administrator
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LAURENCE GALLAGHER,
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I CIVIL ACTION - LAW
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I NO. 94-4293 CIVIL TERM
I
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JOSEPH RODRIGUEZ,
Defendant
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.
ORDER OF COURT
AND NOW, APRIL 21, 1995, the appointment of William
Daniels, EBquire, is hereby vacated and Paul Orr, Esquire, is
appointed in his stead.
By the Court,
William Daniels, Esquire
Paul Orr, Esquire
Court Administrator
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IN THB COURT or COHKON PLBAS or CUMBBRLAND COUNTY
or THB COHKONWBALTH or PENNSYLVANIA
LAURENCE GALLAGHBR . DATE: 2. - c; - <f,5-
.
457 Rupley Road
Camp Hill, PA 17011
PLAINTIFF . CIVIL ACTION - LAW
.
v. .
.
JOSEPH RODRIGUEZ, a.k.a. Jr. NO.94-4293 CIVIL TERM
42 Water Street, #4
Washingtonville, PA 17884 .
.
: PLAINTIFF'S REQUEST FOR
DEFENDANT ADMISSIONS
NOTICE
Rule 4014 of the Pennsylvania Rules of Civil Procedure
provides for Requests for Admissions to be served upon a party by
any other party to an action. Plaintiff herewith serves his
Request for Admissions on the party Defendant. '
Defendant's written responses, if any, must be served on
(mailed to) Plaintiff, at his address listed above, within thirty
(30) days. Certified mail is suggested to assure service.
REOUEST FOR ADMISSIONS
1) Plaintiff is an individual residing at 457 Rupley Road, Camp
Hill, PA 17011 and has been engaged in the business of renting
parts of, the premises at said address since approximately 1991.
2) Defendant is an individual representing to the Court that his
current address is c/o Dowling, R.R. #1, Box 282, McAlisterville,
PA 17049; however, it has been learned from the Dowlings that
Defendant's current address is 42 Water Street, #4,
Washingtonville, PA 17884.
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3) Plaintiff and Defendant entered into a landlord/tenant
relationship regarding the premises at 457 Rupley Road in Camp
Hill (Borough of Wormleysburg) on or about March 1, 1994.
4) Defendant rented a private area on the first floor of said
premises and shared and had access to the remainder of the
premises. Another tenant also rented the basement area of said
premises and shared and had access to the remainder of the
premises during the same period that Defendant occupied the
premises.
5) Plaintiff and Defendant also agreed to share the telephone
service and charges on Plaintiff's telephone line.
6) Under the landlord/tenant agreement, Plaintiff agreed to
rent the premises to Defendant in return for Defendant's payment
of a monthly rental of $315.00, excluding other costs, such
as the telephone charges.
7) Under the agreement and according to the laws of the
Commonwealth of Pennsylvania, each party was obligated to give
the other party thirty (30) days written notice of the intention
to vacate the premises and terminate the landlord/tenant
relationship.
8) Defendant last fulfilled his obligation to pay the monthly
rent to Plaintiff for the month beginning April 1, 1994.
9) Defendant failed to pay the monthly rent for the months
of May and June 1994 as required by law and the agreement.
10) Defendant failed to pay the telephone charges attributable
contd. p. 3
..
p. 3
to him for the months of April and May, 1994.
11) Defendant resided at the premises continuously from about
March 1, 1994 through the end of May 1994.
12) Plaintiff made verbal and written demands upon Defendant
to pay May's rent on several occasions between May 1 and May
24, 1994.
13) Defendant continuously reassured Plaintiff between May 1
and May 24, 1994 that he would satisfy the rental obligation
for May 1994, giving several reasons or excuses for delinquency.
14) Plaintiff gave written notice to Defendant on May 17 and
May 23, 1994 for Defendant to vacate the premises by June 30,
1994 in accordance with the landlord/tenant statute.
15) Defendant vacated the premises at the end of May 1994 without
giving any notice of his intention to vacate the premises in
violation of the said rental agreement and the laws of the
Commonwealth.
16) Defendant is thus indebted to Plaintiff for the rental
payments for May and June 1994 in the aggregate amount of $630,
telephone charges of $60 for April and May 1994, and other
miscellaneous charges of $258.03 (as set forth in Exhibit "B"
of the Complaint in this matter), for a total amount of $948.03,
excluding reasonable attorneys' fees and the additional costs
incurred in the prosecution of this matter since the filing
of the Complaint.
17) Between May 18 and 23, 1994, Defendant provided criminal
information to the authorities regarding alleged "illegal and/or
contd. p. 4
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drug activities" at the premises at 457 Rupley Road, Camp Hill.
.
18) Defendant provided such criminal information in order to
escape his contractual rental and tenant obligations and to
retaliate against Plaintiff for Plaintiff haVing served notice
upon Defendant to vacate the premises.
19) In view of the foregoing, Defendant is not a reliable and
credible informant under Pennsylvania law due to his interest
in and the monetary gain resulting from retaliating against
and "framing" Plaintiff.
20) Defendant has raised no legal or equitable defense(s) to
Plaintiff's claims as described above.
21) Defendant purportedly attempted to answer Plaintiff's
Complaint by way of a document that was untimely and not served
upon Plaintiff in accordance with the Pa. R.C.P.
22) Defendant's purported answer to Plaintiff's Complaint was
a nullity under Pennsylvania law and the Pa. R.C.P. in that
the purported answer was not verified, not endorsed, not
sufficiently specific, and was legally insufficient as a matter
of fact and law, and contained scandalous and impertinent matter.
23) Defendant's references in the purported answer to "illegal
activities" cannot be supported by fact or law.
24) Defendant's references to "drugs" or "narcotics" at the
aforesaid premises cannot be substantiated in fact or at law.
contd. p. 5
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25) Defendant cannot substantiate his references to Plaintiff,
as opposed to Defendant himself or other personB, being involved
in said "illegal activities", "drugs", or "narcotics" at the
premises.
26) Defendant'B said references in the null and void purported
answer to Plaintiff's Complaint are based upon, at best,
Bpeculation and, at worst, improper motives and retaliation
against Plaintiff for giving notice to Defendant on May 17,
1994 for Defendant to vacate the premises by June 30, 1994.
I verify that the statements made in Plaintiff's Request for
Admissions are true and correct, and I understand that false
statements, if any are contained herein, are subject to the
penalties of Pa. C.S.A. ~4904 relating to unsworn falsifications.
I certify that a true, complete and correct copy of Plaintiff's
Request for Admissions was served on Defendant at his address~ f.~~
(42 Water street, #4, Washingtonville, PA 17884) by first class~~ .
mail on February 6, 1995.
~~~(('ff.r
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Laurence Gallagh
Plaintiff
COMMONWEALTH OF PENNSYLVANIA
.
.
CIVIL ACTION - LAW
NO. 94 - 4293 CIVIL TERM
COUNTY OF CUMBERLAND
AFFIDAVIT
I, Laurence Gallaqher, the plaintiff in the within action,
hereby swear and affirm that Request for Admissions were served
on the Defendant, Joseph ROdriguez, aka Jr., on or about February
7, 1995 at his addreSB of record (42 Water st., #4,
WaBhingtonville, PA 17884) by first-class and certified mail.
I also swear and affirm that Defendant Rodriguez, despite
signifying his receipt of service by his signature on the Postal
Service's Return Receipt card, failed to file or serve on the
Plaintiff his responses to Plaintiff's Request for Admissions
within the required time for his responses or admissions thereto
and, in fact, failed to file or serve any response to the
Plaintiff's Request for Admissions at any time through the date
of this Affidavit, April 20, 1995.
I also swear and affirm that the Prothonotary's Office of
the Cumberland County Courthouse has no record of any response to
Plaintiff's Request for Admissions filed with that office under
the court, term, and number for this case.
Accordingly, under the pennsylvania Rules of civil
procedure, the Admissions set forth in Plaintiff's Request are
deemed ADMITTED as factual findings in this matter.
I verify that the statements and averments contained in this
Affidavit are true and correct, and I understand that false
statements, if any are contained within, are subject to the
penalties of Pa. C.S.A. 54904 relating to unsworn falsifications.
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Laurence Gall
Plaintiff
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LAUHENCE GALLAGIIEH.
Plaintiff
In The Court of Co~on Pleas ot
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Cumberland County, ?ennsylvania
~o. 94- , 4293
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JOSE~f HODHIGUEZ, aka
JOSEPII HODHIGUEZ, JH.,
Defendang
CIVIL TEHM
C.
OATH
We do solemnly swear (or affirm) that we
the Conatitution of the United States and the
'"ealth and that we will discharge the duties!'
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will support, obey and deiend
C~nstitution oi this Common-
four oifice with fidelity.
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AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
(Note: If damages for delay are awar~ed, they shall be
separately statad.)
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Arbitrator, dissents. (Insert name if
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Chair.llan I
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Date of Hearing:
4/21/95
Date of Award:
4/21/95
NOTICE OF ENTRY OF AWARD
Now, the.(l/~ay oi O.~~,~....L , 19 '1'5, at I :ab, i'.:l., the above
award was entered upon the docket and notice thereof gIVen by-m.il to the
?arties or their attorneys.
Arbitrators' compensation to be
paid upon appeal:
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LAURENCE GALLAGHER,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-4293 CIVIL TERM
CIVIL ACTION - LAW
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JOSEPH RODRIGUEZ, aka
JOSEPH RODRIGUEZ, JR.,
Defendant
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NOTICE OF CONTINUANCE AND RESCHEDULED HEARING
BY BOARD OF ARBITRATORS
At the request of Plaintiff and with the approval of the
Court, the hearing scheduled for Tuesday, March 7, 1995 at
1:00 p.m. is continued and rescheduled for Friday, April 21,
1995, at 1:00 p.m., at the Second Floor Hearing Room, Old
Cumberland county Courthouse, carlisle, Pennsylvania.
Any further request by either Plaintiff or Defendant for a
continuance of the rescheduled hearing shall be made directly to
the Court pursuant to Pa.R.C.P. No. 1303(b).
John B. Fowler, III, Esq.
William S. Daniels, Esq.
Scott A. Freeland, Esq.
~
n B. Fowler, III, Cha
ard of Arbitrators
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rman
DATE: March 3, 1995
TO: Laurence Gallagher
457 Rupley Road
Camp Hill, PA 17011
Joseph Rodriguez, aka
Joseph Rodriguez, Jr.
42 Water street, No. 4
Washingtonville, PA 17884
Court Administrator
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