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Home My WebLink About95-04368 , . ~ " j . 'I i I, i oJ) .~ J , I , ' , ~ J " ()o ti{ ;:r f2)A \ ,,- ' " ... (', .;, '. ,-' ...~ RANDOLPH H. BATES, Plaintiff IN THE COURT OF COMHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. I I I I I I I NO. 95-4368 CIVIL TERM STEPHANIE F. BARRELET, Defendant IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY and OLER. JJ. AND NOW, this t~ ORDER OF COURT ,~ day of August, 1997, upon consideration of Defendant's Motion for Summary Judgment, and following oral argument at which Plaintiff did not appear and for which Plaintiff did not submit a brief, Defendant's motion for summary judgment is GRANTED. BY THE COURT, J Jr., J. of!. Randolph H. Bates P.O. Box 574 GarriBonville, VA 22463 Plaintiff, Pro Se _ ~..,f...<<.J.~,l 8/''1/9'1. Esq. ..6 fl. Karen S. Feuchtenberger, 320 Market Street Strawberry Square P.O. Box l268 Harrisburg, PA 17108-l268 Attorney for Defendant :re nI.ED-OFFICl! OF W'.: ; l~rJTI""~;OTtJW ql ~llr. 1:3 nl :)1 lit elJ" "'I ,," '.1"1' '1"1 h'll.. 1'\,1' ,:,J " ,1../:';. \;ENi 1:,)1';:,; :';\ ,. I I ~t .,; ~ .., ~ '~I ~)~8 ,,' r.: , i1 1.7i..: c;g ?!r~' S'l ~... ~ ~ '4:0 ~~! .N d '~.. .. .., ~ .....) ~ '0 , .110 , , ,. " I j ..-. -:c~~~ Karen S. 'euchtenberger, a.quire GOLDIDO. ItATZIWI. SHIllIIAN. ',C. 320 IIArket Stroot Strawberry Square P,O, Box 1268 Horr1lburg. PA 17109-1269 Attorney I,D, .59995 (717) 234-4161 Attorney for Defendant RANDOLPH H. BATES, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA, v, NO. 4368 CIVIL 1995 STEPHANIE F, BARRELET, Defendant CIVIL ACTION - LAW DEPENDANT'S MOTION FOR S'-"RY JUIlGMENT AND NOW, comes Defendant, Stephanie F, Barrelet, by and through her counsel, Goldberg, Katzman & Shipman, p, C., to file this Motion for Summary Judgment and, in support thereof, states as follows: 1. Real estate located at 423 Summit Avenue, Lemoyne. Cumberland County, PA. is a single family home with an apartment in the basement portion of the real estate. 2. On or about August 1, 1991, plainti ff rented the basement portion of 423 Summit Avenue, Lemoyne, Cumberland County, Ii'A pursuant to a one year lease. 3. The first and second floors of the house at 423 summit Avenue, Lemoyne, Cumberland County, PA, were rented by Stephanie F. Sarrelet. who had lived in th.e house approximately one year prior to Plaintiff's renting the basement por.tion of the house, 4. On May 19. 1995, plaintiff filed a Complaint against Ms. Sarrelet alleging damage to his property from August 1991 to May 1993, See Exhibit A attached hereto. S. The District Justice entered juc1gment for M~. Sarre1et and Plaintiff filed a Notice of Appeal to the Court of Common pleas of Cumberland County. See Exhibit B attached hereto. 6, plaintiff filed a Complaint on or about October 30, 1995. 7. An arbitration hearing was scheduled for May 2. 1996. Plainti!f failed to appear for the hearing and judgment was entered for Ms. Sarrelet. a. plaintiff alleges in his Complaint that Ms, sarrelet caused damages to his property, between August 1991 and May 1993. 9. Plaintiff's allegations regarding incidences alleged to have occurred prior to May 19. 1993 are barred by the Statute of Limitations. 10, PlaJ.nti ff also alleged in his Complaint that on May 20, 1993, Ms. Sarrelet forcibly entered Plaintiff's basement apartment, removed various i terns belonging to the Plainti ff including a door 2 lock and an interior door as well as causing extensive damage to the door and trim. 11. Ms. Barrelet admits that on May 20. 1993. she entered Plaintiff's apartment by forcing open a door after she smelled a gaseous odor which she believed was coming from Plainti ff' s apartment or the furnace area which had to be accessed through Plaintiff's apartment, 12, Any of the real property which was damaged by Ms, Barrelet's forced entry was property owned by the landlord. W,J, Ichter. and not by Plaintiff. See Exhibit C attached hereto. 13. A sliding bolt lock which Plaintiff had placed on the door through which Ms. Barrelet entered on May 20. 1993 may have broken off the door but was not taken by Ms. Barrelet. 14. The allegations in plainti ff' s Complaint relating to the time frame of August 1991 through May 19. 1993 are barred by the Statute of Limi tations and. therefore. Ms. Barrelet is enti tled to judgment as a matter of law as to these allegations. 15. There are no disputed issues of material fact that would support Plaintiff's allegations relating to May 20. 1993 and Ms. Barre1et is entitled to judgment as a matter of law. 3 WHEREFORE, Defendant, Stephanie F. Barrelet, respectfully requests this Court to enter Summary Judgment in her favor and against the Plaintiff with prejudice. Respectfully submitted, Date: ,11c..h7 GOLDBERG, ) BY' \1 Karen S. Feuchtenberger, Esquire ID*: 58995 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant KATZMAN' SHIPMAN, " c' ')')2--- P.c. . Exhibit B '",,,,,,, G} , , , / COMMONWEALTH OF PENNSYLVANIA COUNTY OF:_ CUMBERLAND Willi. 011I. No 09-1-01 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: NAM' '"" ADDI"" raATES, RANDOLPH H. P.O. BOX 10464 HARRISBURG, fA l7l0S-0464 L VB. DEFENDANT: NAM' '"" AOOf1(" ~ARRELET, STEPHANIE 2526 N. 2ND STREET HARRISBURG, fA l7ll0 L Docket No,: CV-0000211-95 Dale Flied: 5/19/95 -, .J -, .J 0.1_.... CHARLES A. CLEMENT, JR. ~. ll06 CARLISLE ROAD CAMP HILL, PA '_(717) 761-4940 l7011 STEPHANIE BARRE LET 2526 N. 2ND STREET HARRISBURG, PA 17110 THIS IS TO NOTIFY YOU THAT: ~ Judgment was entered lor: (Name) BARRELET. STEPHANIE ~ Judgment was entered against: (Name) BATES, RANDOLPH H. o This case dlsmlllsed without prejudice, o Possession granted. O Possession granted W money judgment Is not sallsfled wlthln thirty days, o Possession not granted. o Levy Is slayed lor days or 0 generally stayed, o Objection to levy has been IlIed and hearing will be held: Date: Place: In the amount 01 $ . 02-- on: (Dale) 7 / 17/95 (Date & Time) Amount 01 Judgment Judgment Cosls Intarest on Judgmenl Attorney Fees , $.00 $.00 $.00 $.00 $.00 o Damages will be assessed on: Time: TOTAL AK'( PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS 0' THE DATE 0' JUDGMENT BY "UNO A NOTICE 0' APPEAL WITH THE PROTHONOTARY I CLERK 0' THE COURT 0' COMMON PLEAS, CIVIL DIVISION. Date , Dlslricl Justl'Ve I certify that this Is a true and correct copy 01 the record 01 the proceedings containing the judgment. Date My commission expires Ilrst Monday of January, 1996. ~ AOPC 31S-M , District Julllce IlEAL COMMONWIAUN 0' PINNlnVANIA coua, 0' COMMON PUAI NOTICI 0' ''''IAL '110M JUDICIAL DIIIIICY DISTIlICT JUSTICI JUDGMINT COM_NPUAIN.. 95- 4 )<c,S? (l~' ,..:it""'" NOTICI Of APPIAL ;3",",,(.. S/15/9!i' No"'. II g1.... that.... appollont hat filed In tho abo.. Court 0' Cammon Pl.OI on appeal 'rom tho judgment render.d by tho DI,t,let Jultlco an tho do,. and In .... COl' mentioned bel_ Cumberland County NAMI or AIftI.lANt' .!.~~~~ H. Bates Box 10464, Harr1sbur Dl" OJ AOOMINT on r:9~r~;'~~:~ent I I IJl(ODI ..., r' '\ \J /. /0....' 11 Jul 1995 I ' " (\, Bates '" Barrelet (CY-2"-95) ~~II: 95 211-95 - FYr::rr:~~~J ThI. block wil be signed ONLY when tNl nofotian il r.quired under Po. R.cP.JP, No /I appellant was CLAIMANT (see Pa, R,CP.J,P, No, 10088. ThI. Notle. of Appeal, whon rec....d by tho Diltrlet JultiCO, will operot. 01 0 1001(6) In act/on before O/slJlct Justice, he MUST SUPERSEDEAS to .... judgment 'at po.....ian In thil co... FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Pennsylvenia Nt} 11105-01164 "Siii>arue 01 Prothonotary 01 Deputy PRAICIPI TO INTIR RULI TO fiLl COMPLAINT AND RULI TO fiLl (ThIa section of Iotm /0 be used ONLY when sp,Je/lBllt was DEFENDANT (see Po R.C,P.J,P, No, 1001(7) In action belore District JustiCe, IF NOT USED, clelsch lrom C<JlY 01 no/Ice 01 sp,Jesl to be served upon appellee), 'RAICIPI. To Prothonotary , Enter tuIe upon N,..,.,. 01 ..",11e.s) , oppell"(I), to 'ile 0 comploint in this appeol (Common P1e.H No. ) within twenty (20) dayl o'ter ..,.Ic. 0' rule or .u,fer entry 0' judgment of non pIOL SIgnoftn 01_' '" '" "'_ (11_ RULli To "'"""01_""') , oppell..(.), (I) You en noHfIed that 0 rule I. hereby onrered upon you to RIe 0 complaint In thl. oppeol within twenty (20) doy. ofter tho do.. 0' ..vlc. 0' thI. NIe ..,..,., you by p...anol ....Ic. or by certlfled at regi.....d moiL l2Ilf you do not file 0 comp/oinl within thl. time, 0 JUDGMENT Of NON PROS WILL IE ENTERED AGAINST YOU. (3) The dote of Mtvic. 0' thl. rule if Mt.Ie. wa. by moil I. the do.. of moIN~ DIN: , 19_, ~oIlllklr.o""',(IIlltIlUlY .-.c.1I"'" COPY TO BE SERVED ON APPELLEE ..h_ r. '", ",,', (.) ., AFFIDAVIT I, W. J. Ichter, bein9 first duly sworn according to law, depose and say as follows: 1. During the time period of 1991 through 1994, I was the owner of real estate located at 423 Summit st.reet, Lemoyne, Cumberland County, PA (the "Premises"). 2. From approximately 1990 through 1994, I leased the first and second floors of the Premises to stephanie F. Barrelet. 3. On or about August 1, 1991, I leased the basement portion of the Premises to Randolph H. Bates pursuant to a one year lease. 4. On August 1, 1992, Mr. Bates refused to surrender the basement portion of the Premises to me and pursuant to Court action was ejected from the Premises in approximately June 1993. 5. After the removal of Mr. Bates from the premises, I sent him an itemized listing of damages as well as unpaid rent and other obligations due and owing from him which permitted my retention of his security deposit. See Exhibi~ 1 attached hereto. 6. The only damage listed on the itemization of damage. sent to Mr. Bates which related to the incident of May 20, 1993, when Ms. Barrelet had to forcibly enter Mr. Bates' apartment to investigate a gaseous odor, was the reference to "paint door and frame at stairwell-$30.00". 7. Even had the charge of $30.00 for painting the door and frame at the stairwell not been included in the itemized damage. charged to Mr. Bates, his security deposit would not have been c I CERrIFUD Nm RtD.lLAR ~IL IlAndolph H. Bat&1s ro Bax l0-4114 HarriSburq, PA 17105-0464 June 16,1993 ~ :! f Atta Mr. RaIldo1lY1 Bates . Punuan~ to tba cequinmQnta of t:ha PoIrlnIlylvania Landl=d..lfCMl\~ ~ yw u. hIlrllby inf<X'llllid that your eec:urity defo8it will be held 1n full as ~ur.;r.wmt tor t114 follCIWin~ danilI;e!l to the property at 423 Sunrni~ 81:., I.cInoynIa. 1. !liAISing' metal bi-fold door 2. ~ qarage &:lor 3. 1lcp1acc ~c dUpo""l ". Repair wall aromd 11 vin:] roan window 5. Pa1nt door arx1 friWl at llt:.a.iz\olell 6. Replace lcx:l<:tcta 7. Unpaid rent ar.:\ other obligations pursuant to legal action 3768 Civil 1992 j; ;i ..": $125.00 $110.00 $ 65.00 $ 70.00 $: 30:00 G 56.00 $2440.80 W.J. Ic:hter oc. Ol1ve Lanza, E8q.ooJ .D.S..W. Ca'lSOU.dated, J'%qlert1es .....~~ ~ ~ ~ -n e" ~ '? :II ~r?' r "l'- ot' - ..r .,j'...... ..i)," _I :~ r~\ -!' ..., ~a '.,;' (" :::l" " ',?: (j t.,) ~ ":S' (. ~ .. ,', :II -," --) ~ ~. CJ c _... .,"'. ,_ ---;-... . r ,....._J,lj ;.. ,J-. ,A......r~ ....f- . i!':' \ "" . .. . , I..,. , , , , 'vlr'/V;'<1),~;U~!3d 11"(\("") r'" :': 'i'^'n" /, I. "I" '" 1\ lj O'll() Hd' Ie 130 % A'rJ'f.w, ,vi "'"" J ,0, 11 ~o 30l:l:lC}{J31I.:l - ..,........ .. ','.--"'- ,..:., ...;..... bI- Randolph H. Bates. Petitioner IN THE COURT Of' COMMON PLEAS of CUMBERLAND COUNTY. PENNSYL VANIA I v. 'I Stephanie F. Barrelel, Respondent No. 4368 Civil 1995 Civil Action. Law Ii I! , " I i! " I! II IWLE TO SHOW CAUSE AND NOW this day of October, 1996, upon consideration of the within Petition for a continu:lllce of the trial. date, a Rule i, entered upon the Respondent to show cause why said rule should not be gr:lllted, Pending a resolution of the within rule, all proceedings, in the meantime, to st"y, Rule returnable _ days after service. I " j' , " ! BY THE COURT, ,J. ., i I I i I , I ! I i I I I I I I I for trial, Neither of these witnesses, nor any of Respondent's witnesses, have been deposed. 'I 6, One of these principal witnesses is currently in military training with the United Ii !' States Marine Corps and is unavailable to testify for the next forty-live days, " II . i 7, The two principal witnesses have specilic lirst-hand knowledge of the events " precipitating this matter. i 8, Petitioner respectfully requests that this mOltter be continued for trial, for a period ] of not more than ninety days, WHEREFORE, Petitioner respectfully requests this Honorable Court to grant Petitioner's request and continue the matter for trial for a period of not more than ninety days. Respectfully submitted, ~ Randolph H, Bates, pro se Box 574 Garrisonville, Virginia 22463 540657-9963 i II " II .' I , il , Dated: 30 October 1996 :1 r II !I :1 Verlftc811!m I, Randolph H, Bute~, do this thlnleth duy of October 1996 verify lilat the statements made In the foregoing Petition are true and correct to the best of my knowledge. Infonnation. and belief. 1 understand lilat false statements are subject to lile penalties of 18 . Pa, C.S, Section 4904 relating to unsworn falsification to authorities. I !i ! ~~ Randolph H, Bates " I I , , , i , , , I I II , " II " 'I :1 CertlOcate or Servl~r II , I hereby certify thaI a copy of the Rule 10 Show Cause ant the attached Petition was served this ~day of October 1996. by hand delivery and by depositing a copy In the V,S, Post Office. first class mail, addressed as follows: 'I I i' " II , I' J I Karen S. Feu~hlenberger, Esq Goldberg. Katzman & Shipman 320 Market Street. Box 1268 Harrisburg. PA 17108-1268 Counsel for DefendanllRespondent I ,I :1 'I :1 I , Ii 'I II I! 1 1 ! i ,I ;1 --'~~~ . Randolph H. Bates, pro se Box 574 Garrisonville, Virginia 22463 5406.57-9963 il. II ,i '1 '1 . n "., ~ S.: c'\ ~ ,-1 -rri , ";!l ~\': --t 6,( '" .l~e <::> ';~ ~<. ' ~~.. . .., ~-.~._, ....;. '1 ~;; , N ,~ ' . . ~ ; .. :j, :., ~ $'" " .............._.._-~..' Randolph H. Bates. Plaintiff IN THE COURT OF COMMON PLEAS of CUMBERLAND COUNTY. PENNSYLVANIA i !i II I v. No. 4368 Civil 1995 Civil Action - Law 1: j: Stephanie F. Barrelet. Defendant :1 , II II I; II , :1 I I I II ,I I i NOTICE OF APPEAL FROM AWARD OF BOARD~ ARBITRATORS TO THE PROTHONOTARY: Notice is given that, Randolph H. Bates, Plaintiff. appeals from the award of the board of arbitrators entered in this matter on the second of May, 1996. Plaintiff requests trial by jury. I hereby certify that the compensation of the arbitrators has been paid. Respectfully submitted. 0/2l1l~~1 ~'IPh H. Bates Box 10464 Harrisburg, PA 17105 Date: 2 June 1996 . "i) /""'2., (\1:-:,'.., . , t-LJl3.r..,-k~", [n 'he C.)urt of CoJr.tIl1on Pl~lIs of r . r ~:>....,,,r, /)~~/~ \.:J ) ) ) ) ) ) ) ClJIIIbOlrland r:ounty, :enns:,bania 'I /I~" . 0.. t.J,"'-' L L,"',J.;l 19"1", OATH We do solemnly swear (or affirm) the ConsticuCion of che ~niced SCaCes ....alch and chac '..e ..,ill dischaqe che Chat we will supoort, obev and defend and the CoJnsticutioD or this Co~on. duties ~ our ~~~iCh Eidelit:,. :~ Or> . \ I \ " /~alr:nan 1;J;/;j/~ m- 1, - 2"-' AWARD ~e. the undersigned arbitrators, having been dull appointed and swo~ (or af~1rmed). make the follawing award: (Noee: !f damage. for delay are awarded, they shall be separately stated.) W €' -to--. ~ ~.J.-O,~ J1e:1_ ~.1.:f- :I\::,"I/<'>~ P( ;:)':_-h' b:J- Sa'\o:l~ ~P- ~<.. ,,~~ ,10 ~.~/<~ ~ ~ C'~ lo.~C('" ~t>.f'.;>t/ ~)'J;_n_~~ ~,.)_ -,-:/ .applicabl4l, ) Date of aear1ng:~~ :>at. of Award: ~~9/' . Arbitrator, dissencs. (Insert name i= '( I , I /l....;-~ ____0 rJt-- I:OnCE OF ~ow, clle)" :tday of J Ie 11..~1 award was entered upon tlle dockeoland ~art1.s or e~ei: aCto~eys, ehe above to e he Arbitracors' coopensation p.aid upon .appeal: $ :JI () 11; (1 iLL ?ro chona tary "< Hl..L:Y\) ~e':1uc:, , Co be 3y: _fa..~ L / / j - J..- fe,' )C"..el..d4 /fI.I..l..tC!., L "j 4..#J..u.~ L. ~)J ') Iv. ')1..... J..l a Lito- ~ ~t~l..I- . -({\.irrttJ.S ~/~I...K)J.lU l'\ (I/..t t f. J I~ /lCU,j ~ " , RANDOLF H. BATES vs ) ) ) ) ) ) ) ) NO. 4368 CIVIL 1995 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CIVIL ACTION. LAW STEPHANIE F. BARRELET Defendant NOTICE OF ARBITRATION HEARING You are hereby notified that the arbitrators appointed by the Court in this matter will meet for the purpose of their appoinhnent on the 2nd day of May 1996 commencing at 9:00 p.m. in the Second Floor Hearing Room of the Old Cumberland County Court House in Carlisle, Pennsylvania, at which time you may appear and be heard, together with your witnesses and your counsel. if you so desire. 2'-z.~~~ Saniuel L. Andes, Chainnan Date: 3/21/96 To: Karen S. Feuchtenberger, Esquire 320 E Market Street Harrisburg, P A 1710 I Lisa Coyne, Esquire 390 I Market Street Camp Hill, PA 17011 Thomas Blackburn, Esquire P.O. Box 62 New Cumberland, P A 17070 Ronald H. Bates P.O. Box 10464 Hanisburg, P A 17 \O~"0464 cc: Court Administrator Bulletin Board, Prothonotary's Office I ~" /'"":) ;v (9.}~ ^- 9 \0 0 \. - \ ',' "". u,. '1 -n") q . ~ ['10 'ra =-oj , fI' iI"- ccc:ct t:~: :d' " r.''; ;t1 ~':r' , r Lt', ", :-~~ co,. cn W ,:'. 'J'-i ::.5 :!:I.. "'" ,':" -;:I , 'lJ ~, ~': fi ~ ;2~ r? -"~ ~ (.1 a-;, ~~ n ~ r..) ,-~. '.,. ;l~ ~ """"' Q'\ ~ ~ :--~ \,"'!\,/,1, 1"1"':1'-" r /',1",1 " ',' 1\') d . i 9(.",:1 1,'1 (' ,q r: , " ..' ~. I,.. < . j ... .... ) ,~~, ,"" . I I ,t,/ :;:]I~'J-CJ:iid basement apartment. Ms. Barrelet was responsible for paying the gas bill for the entire house, including Mr. Bates' apartment. Prior to Mr. Bates' rental of the apartment Ms. Barrelet had routinely entered or allowed utility personnel to enter the. basement apartment in order to read the meter. These entries were sanctioned by her landlord, owner of the premises, who gave Ms. Barrelet a key to the basement apartment for that purpose. After moving into the basement apartment, Mr. Bates refused to cooperate with Ms. Barrelet in allowing her or gas company personnel to read the meter. When Mr. Bates asked Ms. Barrelet not to enter hi. apartment to access the gas meter, Ms. Barrelet made no further entries until May 20, 1993. On that day, Ms. Barrelet smelled the odor of what she believed to be gas coming from Mr, Bates' apartment, Believing that the odor indicated a gas leak, which threatened great harm to her person and property, Ms. Barrelet forced open a door to Mr. Bates' apartment and entered in order to investigate, Ms. Barrelet immediately informed her landlord about the entry and the reason therefore. Mr, Bates originally filed a civil complaint with a district justice on May 19, 1995, seeking damages allegedly incu~red as a result of Ms, Barrelet's alleged entries into his residence from August 1991 to May 1993 (see bbibit "A" attached hereto). The present action is an appeal from the district justice'. judgment for Ms, Barrelet, 2 II. DISCUSSION Soction 5524 of the Judicial Code, 42 Pa.C,S.A. S101 et sea., provides that the following actions and proceedings must be commenced within two years: (1) An action for assault, battery, false imprisonment, falee arrest, malicious prosecution or malicious abuse of process, (2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another, ( 3) personal thor41of. An action for taking, detaining, or injuring property, including actions for specific recovery (4) An action for waste or trespass of real property. (5) An action upon a statute for a civil penalty or forfeiture. (6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon an execution or otherwise in his possession. (7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. The two year limitation period provided for in section 5524 is well established in Pennsylvania and has been held to apply to actione for trespass to real property. Chisante v. J.H. Beers. ~, 297 Pa, Super. 337, 443 A.2d 1150 (1982); Polite v. Diehl, 507 F.2d 119 (3d Cir, 1974) (conversion of personal property); 3 Aivazoalou v. Drever Furnaces, 418 Pa, Super. 111, 613 A,2d 595 (1992) (personal injury); and Lawrence v. united states, 631 F. supp. 631 (E.D. Pa. 1982) (emotional distress or harassment). Mr, Bates seeks damages for Ms. Barrelet's alleged tortious conduct which occurred two years prior to his filing an action with the district justice on May 19, 1995. By operation of section 5524, all such claims--based on incidents alleged to have happened prior to May 19, 1993--are barred by the two year limitations period. Only Mr, Bates' claims based on Ms. Barrelet's entry to his apartment on May 20, 1993, is not barred by the statute of limitations. Ms. Barrelet does not deny that on May 20, 1993, she entered Mr. Bates' apartment by forcing open a door accessing his apartment. However, Ms. Barrelet's entry was justified. She entered his apartment only after smelling the odor of gas which she believed to be coming from Mr, Bates' apartment and which she believed indicatea a gas leak--a serious threat to her personal safety and the safety of the premises. The Restatement of Torts (Second) recognizes the privilege of a person to enter upon the property of another in order to abate an apparent danger. Section 197 provides in relevant part: 4 (1) One is privileged to enter or remain on land in the possession of another if it is or reasonably appears to be necessary to prevent serious harm to (a) the actor, or his land or chattels, or (b) the other or a third person, or the land or chattels of either, unless the actor knows or has reason to know that the one for whose benefit he enters is unwilling that he shall take such action. section 201 of the Restatement of Torts (Second) also recognizes the privilege of entering upon the property of another in order to abate a private nuisance so long as the entry is made at a "reasonable time and in a reasonable manner," and "after the possessor on demand has failed to abate the nuisance, or without such demand if the actor reasonably believes it to be impractical or useless." Comment j to section 201 specifically describes a situation in which the nuisance consists not of a building, "but of a noxious thing cotltained in it," In such a situation "the actor is privileged to break and enter" in order to abate the hazard. Lastly, section 213 of the Restatement of Torts (Second) provides that "[o]ne who is privileged to enter land because of private necessity as provided in section 197 or to abate a private nuisance as provided in Section 201 is further privileged to break and enter a fence, or othex' enclosure or a dwelling or other building, if it is reasonably necessary, or is reasonably believed 5 by the actor to be necessary, to accomplish the purpose ot the privilege," Even prior to its formulation in the Restatement, this privilege was firmly established in Pennsylvania law, In Philiber v. Matson, 14 Pa. 306 (1850), a boater was trapped against the boat of another which was caught among rocks in rapids. The boater, fearing for his safety and the safety of his boat, destroyed the other boat in order to escape. The pennsylvania Supreme Court held that a person is justified in injuring the property of another in order to abat.e a nuisance threatening harm to his person or property, and when the circumstances do not permi t--as in an emergency--the person need not allow time for the owner to cure the danger, More recently the privilege to cause harm in order to prevent a greater harm was recognized by the state Legislature and made part of the Crimes Code, 18 Pa.C.S.A. S101 et sea., at section 503. Section 503 provides that "(c]onduct which the actor believes to be necessary to avoid a harm or evil to himself or to another i. justifiable if . , . the harm or evil sought to be avoided by such conduct is greater than that sought to be avoided by the law detining the offense charged. . . .n 6 On May 20, 1993, Ms. Barrelet was faced with a potentially serious threat to her safety and the safety of her property, the property of Mr. Bates, and the property of her landlord, Fearing that the odor of gas signaled a leak in Mr. Bates' apartment, and believing it impractical and imprudent to wait and allow Mr. Bates or her landlord to investigate the danger, Ms. Barrelet forced the door to Mr.Bates' apartment and entered. Certainly any damage to the door or door trim caused by her entry is far less than the harm threatened by the apparent gas leak. Given the circumstances as she reasonably believed them to be, the Restatement, and the law of privilege in Pennsylvania as recognized in Philiber v, Matson and the Crimes Code, Ms. Barrelet's forced entry was privileged, and she is not liable for any damage caused by her entry pursuant to that privilege, Moreover, Mr. Bates did not suffer any damages as a result of Ms. Barrelet's entry, Mr. Bates alleges damage to the door and door trim of his apartment. Although Mr. Bates had possession ot the apartment at the time of the entry, the apartment and its fixtures were nonetheless the property of the landlord. Therefore any damage done to the apartment or its fixtures were not incurred by Mr. Bates but by the landlord--the owner of the residence. Any allegation by Mr, Bates that he incurred damages resulting from the retention of his security deposit on the rental of the apartment ,because of damage to the door and trim is unfounded. The landlord 7 ~-..'l:"'. .~..._ .,._........ .., ...~ "':-'4 is expected to testify that because of other damage to the apartment, Mr. Bates' security deposit would not have been returned even if the door had not been damaged or if the damage had been repaired, Therefore, Mr. Bates cannot recover for damages to the apartment or its fixtures; he cannot seek the recovery of damages he never incurred. r.. I. ! III. CONCLUSION For all of the foregoing reasons, Defendant, Stephanie F. Barrelet, respectfully requests that judgment be entered in her favor and against Plaintiff. Respectfully submitted, OOl~b.j' :tzlllan , Ship_n, BY:~-~ ~/ Karen S, Feuchtenberger, 320 Market street Strawberry Square P.O. Box 1268 HarriSburg, PA 17108-1268 (717) 234-4161 Attorney 1.0. #58995 Attorneys for Defendant, stephanie F, Barrelet P.C. Esq. Date: il z,"'ll'11.. 8 MiliA . r,;OMMUHWE/\I.IIIVr I'EIIII:m.V/\/II/\ c:o.'!.r:!.!.:!.or ~.,ClHl~b~ t. l"lId ""...(}Itl ""' '~I.V.IIAiG.o,Mr.{lof~1J5J~ =~. "LAI/lfllT r' //"M~ ,",1,0.1)1111'::'11 0'/ .[-1) I lldt<!S RamllJl.ph II. Box 1046,\ Harrisburg, L PA 1.7105-0464 U.I"",.,,..IIO" CIIMLE~ ^. .: I. L'.IIF. tl T , JR. i\d"'",,~ Ilt)(j C;^ltLlSr.r: (U}^u eMIP 1111.1., P^ 1/1)11 VS. "'.",,~,.. I 7 III If, l -I, 'II, 0 lJer~/IUi\lI', r- tl.AI.lfj""rf.MJlJrl!i"!f Stephanie Barrelet 2526 North Second Street Harrisburg, PA .l71iO L 717 234 -2571 Duc;kel Nu.: CV-211-95 Dele Flleu: 5-19-95 * r 1 , ,~.bi,lI~~'tJ ^MUUIlr FIlINUCOSl8 S 54.50 senVINU C081 at 30.00 10r^l S 84.50 UM e P^IU 5/ 19/ 95 / / / / '10 lIlE UEI'ENDAN r: 'II,R IillJuve lIalllRU Illo"1I111(s) osl.s/udy,"elll oYRllISI you lor $ 4 ,000,00 10!lelher willi ~lIslS uI'ullllle lulluwllfY clal", (Clvlllllles1I1uslllfcluue cllo\lulI'ulllle stalulB ur olulllallce vluloleu): From August 1991 to May of 1993, Defendant Stephanie Barrelet did without authority or invitation enter Plaintiff's residence at 423 Summit Avenue (Rear), Lemoyne, Pennsylvania. On numerous occasions during this period, Defendant Barrelet damaged items belonging to Plaintiff to include a window ~creen, door, and door jamb. Additionally, D..fendant Barrelet removed a lock from Plaintiff's residence. Defendant Barrelet, lastly, intentionally interfered with Plaintiff's full use and enjoyment of his premise. I. _.J!.~ndolph H. Sa tes verily IhBllhB raclS sel rorlh III II lis complall1t arB Irue anu f:UII"cl 'U II'" 1Jt:t!'ll1 uf IIlV kllfJwletlU9. 1I110IIII(lllu", AflU lIeu.r. Tills statement Is moue 9uLJlect 10 IIIe penallles of SeclluII ~yc.... ur Ihe CIi'"8S Cuue (10 P/\. S.C.A. S 49U~) rBluI8 II IIlcolloll 10 oulhurlUes. g.n., rlC'llnIHr, ^Ihun,y: ^ddr'u: '.Itpl""",' IF YOU IN I HII) TV EHIEIl A lJEFENSE ro lHIS COMf'lJ\INT. NOIIFY nlls OFFICE IMMEDIATELY A1' THE ABOVE 1 ElEPlltJrlE NUMor,n YU!J MUS I APPEAn ^ r THE HEAnlNO ANU PRESENT YOUn DEFENSE. UNLESS YOU 00, JIJUGMENT WILL BE ENIEnED AOAII'lST YOU BY DEFAULT. II yuu 11ttY8 a clai", ayoillsllhe l"all1l111 whh;hls wilhlll ulSlllcllusllc8 jllllsulC;lIol1 RIIU whlcll you 'nlelld IIJ a'~'!II al II.., h'lmlllY. yuu IIIUS\ IlIe 1\ UI1 a cOII'I'lall.1 101'" allll's OrllC8 al least live (5) uays !Jero" Ihe "~1I 5e\ lor II Ie hllmll1Y, If yt'U havB a c1allll ayalll,IIII'Il I'lalllllll which Is 1101 'NUh", lll,I,lclltlSllce ~"i'l"'1it~l. YUIl 1II0Y leqlleslllllol1l1alllJII Irullllhlsulllce oslu IIIB prucedules yuu ",ay folluw. "you RI. <.11,."1.... ~'"llt"ulre 1"lsIelle. 10 .11.11<.1 COUll, "lelOe OOlllecI Ih. Melllslsrlel UI,,,'cl olllc. .llhe ,<.Iu,... .!Jove. MJf'c l081\.9' -I .J I J a belief as to the truth of the averments of Paragraph 19 and strict proof thereof is demanded at trial. 20. Denied. Plaintiff was never informed by Defendant, or any other party, to coordinato utility readings. Plaintiff took the necessary steps to secure his premise, due to Defendant's continual and unauthorized access, by reinstalling a lock. Defendant's averment that she spoke with Plaintiff regarding coordination is strictly denied and strict proof thereof is demanded at trial, 21. Denied. Plaintiff lacks knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 19 and strict proof thereof is demanded at trial. 22. Denied. Plaintiff's persistent entreaties of Defendant to not enter his premise went unheeded. Defendant's averments that she was justified in entering Plaintiff's resid:mce is a conclusion of law to which no response is required. In the alternative, this assertion and the averments of Paragraph 22 are denied and strict proof thereof is demanded at trial. 23. Denied. Defendant's averments that she was justified in entering Plaintiff's residence is a conclusion of law to which no response is required. In the alternative, this assertion and the averments of Paragraph 23 are denied and strict proof thereof is demanded at trial. 24. Denied. Plaintiff lacks knowledge or information sufficient to form 2 Paraqraph 3 and, therefore, .aid averments are denied and strict proof thereof i. demanded at trial. 4. Denied in part and admitted in part. It i. denied that between Augu.t 1991 and May 1993, Defendant damaged and convarted Plaintiff'. property and callou.ly and maliciou.ly acted to cau.e injury to the Plaintiff. It i. admitted that ~laintiff and Defendant'a landlord permitted Defendant to acce.. the portion of the premi.e. in Which the ga. meter wa. located in order to read the meter. It is further admitted that acoe..in9 the area in which the ga. meter WaI located required Defendant to enter a portion of the Plaintiff'. apartment. 5. Denied in part and admitted in part. It is admitted that at .ome time, Plaintiff reque.ted that Defendant no longer enter hi. apartment in order to acce.. the location of the ga. meter. Defendant lacka knowledge and information .ufficient to form a belief a. to the truth of the averment that Plaintiff'. reque.t occurrecS in October of 1991 and, therefore, .aid averment i. denied and .trict proof thereof i. demanded at trial. It i. further denied that nuaerou. unauthorized entries occurred. 2 proof thereof i. demanded at trial. By way of further an.wer, Plaintiff'. averment that Defendant acted with reckle.. indifference 18 a concludon of law to which no re.ponse i. required. It a re.pon.e i. deemed to be required, .aid averment i. denied and atrict proof thereot i. demanded at trial. 11. Denied. Detendant lacks knowledqe or intormation autticient to form a belief a. to the truth of the averment. of paraqraph 11 and, therefore, .aid averment. are denied and .trict proof thereof i. demanded at tria 1. By way of further an.wer, Plaintiff'. averment that Defendant'. conduct was outraqeou. i. a conclu.ion of law to which no re.ponae i. required. It a re.ponse is deemed to be required, .aid averment i. denied and .trict proof thereot i. demanded at trial. 12. Denied. The aVGlrment. of Paraq~aph 12 are conclu.ion. of law to which no reaponse i. required. If a re.pon.e i. deemed to be required, .aid averment. are denied and .trict proot thereof i. demanded at trial. 13. Admitted with clarification. It i. admitted that on or about May 20, 1993, atter .me11inq a qa.eou. odor, Defendant 4 16. Plaintiff has faU.d to a .tate a claim upon which relief can be granted. 17. All, or a portion of, Plaintiff'. claim. are barred by the .tatute of limitation.. 18. Defendant was responBible for paying all utility bill. in the hou.e rented to her by her landlord, which included utilitie. u.ed by Plaintiff in hi. apartment in the hou.e. lSl. Prior to Plaintiff'. rental of the apart.ent in the hou.e, Defendant had been permitted to enter into the are. of the premile. in which the ga. meter was located, which required entering a .mall portion of Plaintiff'. apartment. 20. When Plaintiff moved into the apartment on the preei.e. occupied by Defendant, or .hortly thereafter, Defendant '.ked Plaintiff to coordinate day. and time. with the ga. company by which he could allow entrance into the area in which the ga. .eter was located for reading of the .eter becau.e Plaintiff placed a lock on the door which prohibited entry to read the g'. m.ter. 6 WIllRlrORB, Defendant, Stephanie r. Barrelet, re.pectfully reque.t. that thi. Court enter judqment in her favor and aqain.t Plaintiff. Re.pectfully .ubmitted, CIolOerq, ltat...D . Ib1PUIl, ..C. \ I 1':-/ By: I(a~en S. I Feuite~;;~r, E.quire 320 Market street strawberry Square P.O. Box 1268 Harri.burg, PA 17108-1268 (717) 234-4161 Attorney 1.0. #58995 Attorney. for Defendant, Stephanie F. Barrelet Date. III d\')< . XIU.IOATIOH I,' Stephanie F. Barrelet, hereby acknowledge that I am a Detendant in this action; that I have read the toregoing Answer with New Matter; and that the tacts stated therein are true and correct to the best ot my knowledge, intormation and beliet. I understand that any talse statements herein are mad. subject to penalties ot 18 PII. C.S. Section 4904, relating to unsworn talsification to authorities. Dated: II/If) /9,-;-' o;;;:::--~ ') I -~. '1!trLt,.. "a" J Stepha e r. Bar~et'~ /" ,,',----'- . RANDOLPH H. BATES, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 95-4368 CIVIL TERM STEPHANIE F. BARRE LET, DEFENDANT OPINION AND ORDER OF COURT BAYLEY, J., October 10, 1995:- On July 17, 1995, District Justice Charles A. Clement, Jr., Magisterial District Number 09-1-01, entered a Judgment In the case of Randolph H. Bates v. Stephanie Barrelet. On August 15, Batas filed an appeal from the judgment In the office of the Prothonotary. Notice of the appeal was served on Barrelet by certified mail on August 17. On August 28, at 8:21 a.m., Barrelet flied a praecipe to strike the appeal for a violation of Pa. Rule 01 Civil Procedure D.J. 1005(B). The Prothonotary struck the appeal. At 2:12 p.m., on August 28, Bates flied proof of service of the notice of appeal. On September 7, Bates filed a petition to reinstate the appeal. A Rule was entered which Barrelet answered on September 26. The appeal from the judgment of the District Justice was ~ filed within 30 days of the entry of the judgment. Pa.R.C.P. D.J. 1002. If the thirty-day appeal period had not been met, the Issue would be different. Compare, Flr.t United Mortgage Service. v. Lower, 41 Cumberland L.J. 233 (1991).1 However, the rule 1. Rule 1002, as amended effective June 25, 1992, provides "The prothonotary shall not accept an appeal from an aggrieved party which Is presented for filing more than thirty (30) days atter the date 01 judgment without leave 01 Court and upon good cause shown." . 95-4368 CIVIL TERM that was violated In this case Is Pa.R.C.P. D.J. 1005(8), which provides: The appellant shall file with the prothonotary proof of service of copies of his notice of appeal, and proof of service of a rule upon the appellee to file a complaint if required to request such a rule by Rule 10048, within ten (10) davs after filing the notice of appeal. (Emphasis added). Bates flied the proof of service of the notice of appeal eleven days after it was served on Barrelet. The primary purpose of Pa.R.C.P. D.J. 1oo5(B) is to prevent a party from appealing an adverse Judgment of a District Justice and then delay the case by failing to timely notify the opposing party. In Berry v, Shelner (1646 Civil 1986, order dated July 20, 1987, opinion unpublished), this court, pursuant to Pa. Rule of Civil Procedure 126, liberally construed the time requirement for filing proof of service of a notice of appeal under Pa.R.C.P. D.J. 1oo5(B). In that case we reinstated an appeal that violated the rule, citing Hyde v, Crigler, 10 D. & C.3d 769 (Allegheny, 1979), in which that court held that when an appellant has timely served the notice of appeal and there Is no dispute on that issue, none of the purposes of Rule 1005(B) are furthered by penalizing the appellant who falls to file the proof of service on time. As stated In Seiple v. Pltterlch, 35 D. & C.3d 592 (Mercer, 1984), where an appeel was reinstated after a proof of service was flied one day late, "[fjallure to file the proof of service of the notice of appeal is obviously not as vital to the appeal process as the filing of the notice itself." Accordingly, the following order Is entered. .2. , . , '( 18 /1 t4- Randolph H. Batee IN THE COURT OF COMMON PLEAS Plaintiff I OF CUMBERLAND COUNTY, PA. I v. I No. 4368 Ci vi! 1995 I Civil Action-Law Stephanie F. Barrelet I Defendant Order of Count~ Court AND NOW, the day of September, 1995, it is hereby ordered that the petition to reinstate the appeal from District Justice clement is hereby denied and the appeal remains quashed. By the Court, Edgar B. Bayley, Judge ., , DEFENDANT'S_~~~WER TO ~ETITION TOIREINSTAT~~PPEAL FROM.D~JUSTICE 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5, Admitted 6. Admitted 7. Admitted 8. Admitted knowledge. 9. Admitted 10. Admitted in part. The letter by regular mail is without 11. Admitted, but Plaintiff should not have been permitted to file a Proof of Service with the prothonotary due to appeal being stricken. 12. Admit ted 13. Denied. Irrelevant, by way of future denial, Plaintiff has been a law student in recent yaars, and has legal training in these matters. 14. Denied. Irrelevant. 15. Admitted in part. Plaintiff did file Proof of Service on August 29, 1995 at 2:21 p.m. 16. Admitted. \ NEW MATTER 17. Plaintiff's complaint has been filed for the purpose of harassment. 18. Plaintiff's complaint is solely without merit, as found by District JUdge Clement on July 17, 1995. 19. Plaintiff's complaint was filed beyond the statute of Limitations. 20. Plaintiff seeks recovery for property that Plaintiff did not and does not own or possess. 21. Defendant has no l~gal training; Wherefore Defendant requests that Plaintiff's motion be denied. RESPECTFULLY SUBMITTED, I I . I I I I . . , . .. '. 'j [f ," " ,...... \::.) J: ..,.. 'j ,ll "rJ -.".. .- -',~ . go:" ~ -' .;..~..., ~,-....- ":" . SEl'i 7 IY95 bq.. Order of County Court AND NOW, the day of September, 1995, it is hereby ordered that the petition to reinstate the appeal from District ~ustice Clement is hereby denied and the appeal remains quashed. By the Court, Edgar B. Bayley, Judge 4 DEFENDANT' S_.~.N~WER TO ]ETITION TO REINSTA'1-'~:-Ai)PEAL FROM .P,,-JYSTICE 1 . Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7. Admitted 8. Admitted knowledge. 9. Admitted 10. Admitted ~ '-, PI .., r"'--\ r , ~ in part. The letter by regular mail is without 11. Admitted, but Plaintiff should not have been permitted to file a Proof of Service with the prothonotary due to appeal being stricken. 12. Admitted 13. Denied, Irrelevant, by way of future denial, Plaintiff has been a law student in recent years, and has legal training in these matters, 14. Denied. Irrelevant. 15. Admitted in part. Plaintiff did file Proof of Service on August 29, 1995 at 2:21 p.m. 16. Admitted, CERTIFICATE OF SERVICE I hereby certify that on this,5l.5' day of September 1995 I eerved a true and correct copy of the attached document upon the person(s) named below by certified mail. Randolph H. Bates P.O" Box 10464 Harrisburg, Pa. 17105 RESPECTFULLY SUBMITTED, Sl7.CJ4t2t( r ~.v'- Step~anie F. Ba et 2526 N. Second St. Harrisburg, Pa. 17110 <4 t' Randolph H, Bates IN THE COURT OF COMMON PL,EAS Plaintiff . OF CUMBERLAND COUNTY, PA. . v. No. 4368 Civil 1995 Civil Action-Law Stephanie F. Barrelet . . Defendant DEFEND~NT~~-~ ~SWER TO PETITI9N TO REINSTATE APPEAL FROM D~JUSTICE , . ~ 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7. Admitted 8. Admitted knowlfldge. 9. Admitted 10. Admitted in part. The letter by regular mail is without ',,", ,." ..., ,...., " , 01::' "" -"'., ::-.c - <.0 ...", 11. Admitted, but Plaintiff should not have been permitted to file a Proof of Service with the prothonotary due to appeal being stricken. 12. Admitted I: I I' i I I: , ; .' ,. II I , 13. Denied. Irrelevant, by way of future denial, Plaintiff hae been a law student in recent years, and has legal training in these matters. 14. Denied. Irrelevant. 15. Admitted in part. Plaintiff did file Proof of SerVice on August 29, 1995 at 2:21 p.m. 16. Admitted, I I I ,I ~ j{{'1\ ij{{'1\ " " o { fD " ;::r::. " J -...9 ':J Q ~ X q..- () -"c:iJ ~, ~() C'{ 0..:. '" '" c;;, ~, ~ ~ ~ ~ .... ~'" ~ ~~ ,i' " , " I, I, " '1,1,;; ',.,r'. " ',. , ,! , , , :i I , ,,-,I /i " \/) o - r " rt " .J7I ... ~ j I., , " :1"' 1" " ", l'i ,', ' ,J,. l}.j ,'. ,: J V' BULE TO SHOW CAUSE AND NOW, this ( 1-, day of September, 1995, a Rule is issued against the Respondent to show cause why t.he relief prayed for in the within petition shculd not be granted. , I I I I Rule returnable , r days after service. // By the Court.,' , ),r ," /' ", ~\.h1' ~/' , J. I " , '. c'.! . , I Randolph H. Bate., petitioner IN THB COURT OF COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA No. 4368 Civil 1995 Civil Action - Law v. Stephanie p, Barrelet, Respondent UIIn2H TO REINSTATE AP~ PROM DISTRICT JUSTICE JUDGMENT AND NOW, comes the Petitioner, ~~, and petitions this Court to reinstate the appeal from the judgment of the District Justice filed in the above captioned case. In support of this petition, Petitioner respectfully represents the following: 1. Petitioner, Randolph H. Bates, was the Plaintiff in the action before the District Justice. 2. Respondent, Stephanie F. Barrelet, was the Defendant in the action before the District Justice. 3. Suth parties, t.o date, have proceeded Ii2.m ~ in this matter. 4. The underlying action was heard before District Justice Charles A. Clement, Jr. (Magisterial District 09-1-01), on July 17, 1995 (Sates v. Barrelet, CV 211-95). 5. District Justice Clement's Notice of Judgment was entered on July 17, 1995, and mailed to petitioner on July 19, 1995. 6. On August 15, 19'35, the Petitioner timely filed a Notice of Appeal from District Justice Judgment with this Court. 7. Petitioner personally served the District Justice the Notice of Appeal on August 15, 1995. 8. Petitioner served the Respondent the Notice of Appeal by regular mail on August l5, 1995, and by certified mail on August 17, 1995. 9. Respondent timely received the Notice of Appeal as the r~turn receipt was signed for on August 19, 1995. 10. Respondent filed a Praecipe to Strike Appeal, in accordance with Pa.R.C.P.D.J. 1005B, on August 28, 1995, at 8:21 a .m.. 11. Petitioner filed his Proof of Service on August 28, 'i 1995, at 2:12 p.m.. 12. Petitioner attempted to file a Complaint in this matter on September 1, 1995, and was notified of his appeal being stricken pursuant to Pa.R.C.P.D.J. 1006 on August 28, 1995. 13. Petitioner's one day delay in filing the required Proof of Service was due to his mistaken belief that the Proof of " " Service could not be filed until the Return Receipt ("green card") was attached. 14. petitioner inquired with the Harrisburg Postmaster regarding the status of the Return Receipt card on Wednesday, August 23, 1995. 15. Petitioner received the Return Receipt ("green card"} on Saturday, August 26, 1995, and promptly filed the Proof of Service on Monday, August 28, 1995. :l :i i I I II 16. Respondent has timely received the Notice of Appeal. i I :1 I i I I II I, WHEREFORE, petitioner prays' this Honorable Court to issue a Rule upon the Respondent to Show Cause why the App~al from the District Justice should not be reinstated. Respectfully submitted, -- ~es Box 10464 Harrisburg, PA 17105 ;1 I, II I I 1 II ,I Ii !I I, II I II I Ii II II ,I 11 II 'I [, I , Date: 6 September 1~95 3 , '! I I I II II VeriUcation I I Ii , I, Randolph H. Bates, do verify this sixth day of September 1995 that the statements made in the foregoing petition are true and correct to the best of my knowledge I information, and belief. I understand that false statements are subject to the penalties of 18 Pa.C.S. Section 4~04 relating to unsworn Ii falsification to authorities. I! ,I il )1 II ,I ~~ II I, -Ra 0 p ., H. Bate II I , I I I II I 1 I' :1 II , I " I I Ii I Certificate of Service " 'i I hereby certify that a copy of the petition was served ! II -1h.- day of II this September 1995, by depositing a copy in the 'I U.S. Post Office, first class mail, addressed as follows: " I !i I I Stephanie Barrelet 2526 North Second Street Harrisburg, PA 17110 Respondent I il I I I I I R~~S - Box 10464 Harrisburg, PA 17105 ,I I ~ ~ ~ " ' - ~ t "l "I ., " I. ., ~~ ,_ I ':.' ,; ^, :r , -',- 1'1' .1.'). ~'" .11 'r. ,:!:';; 'I.' 4f -., - ':!l '~ - I#ii NOTICE O' APPIAL (__WIA"M Of "....IYLVANIA couiircifcOMMON PLlA. fllOM JUDICIAL DIITI'Cl DIS'.ICT JUSTICE JUDGMENT Cumberland County COMMON'LlAIN.. lf5 - 4 3~~ (!..", C::r~ NOTlCEO.APPEAL "J.,..d...LS/15j'i5 "'" .' .---- -----.-- .-- .-.....--.-------- Notice I' given thot the oppeUont 00' filed in the above Court of Common Plttm at! appeal from the judgment r,nd",ed by the Di.trict JUltice on the date and in tIw co.. mentioned beI_ NMilI or AmUANT j "i.?'bo6Y-NOlllI1'lA",Hj ij'j--------..--- ,,9.9-]t~1I0.11s:1E1!l1ent , :) '" ZP COOl 1!.~~~?J.~f II. Ba tea ---.-.---- Box 101164, lIarr1Bb~ Pennsylvania DAT;;';;~ 1995 'r" ';~";i"J:~I' ,\ f\ QAlMNO ------ _u -- ---- cit" 17105-:0464 Bntes f~") ~,~1'. \- I' /I'{/V'!":' '" Aarrelet (CV-211-95l 't'ol.-..,.rr<llNlYN'WNt CV 19. q5 211-q5 .1::.:;;. " \.:_ I \ LT 19 ~.P,N c4' ..,.....-\../ "- ThI. block will be signed ONLY when this notorion i. requlre(j'uncJe;P.>i P.J.P,No," If appellant was CLAIMANT (see Pa. R.c.P.J.P. No. l008t. ThIs Notiee of Appeol. when received by the Di.trict Ju.rice. will oporote o. 0 1001 (6) in ac/ion be/ore Dlstric/ Jus/Ice, he MUST SUPERSEOEAS to tIw judgment"" po.se.slon in thi. co... FILE A COMPLAINT wi/hin twenty (20} days a//er /iling his NOTICE 0/ APPEAL. --Signature Qi ProthOflf:itWy'-O,"O"l;ptiiy" _._____..___. ____.._.____n... __..__n____u PRAECIPE TO ENTER RULHo'ILICOMPLAINT 'AND RULE TO 'Ill (This section of Iorm to be used ONLY when appellant was DEFENDANT (soe Pa, R.CPJP No, 1001(7) In action belore District Justice. IF NOT USED. detach Irom c~y 01 notice of appeal to be sorved upon appellee). PRAECIPE. To Prolhonolory EnMf rule upon --. . appelte.(.). to file 0 complolntln thi. oppool NWIltJ of ;I/JIJClkW{Ii) (Common PIooo No. ..._ ) within twenty (20) day. ofler ,",vie. of rule or .u'Io< entry of judgment of non pros. S/IJrlBturo of app6118f1t Of hIS attomev Of agent RUlli To ......___ . oppellee(,). Nwne 01 BIJOOII8e( 5 J (I) You en no~1iod that 0 rul. i......by ..,_d upon you to file 0 complaint in thl. oppeol within twenty 120) day. ofler the dote of ,",vic. of thI. rule upon you by penonol ..,vie. or by certified or rogi._d moil. (2) If you do nol file 0 """plalnl wilhin thi. rime. 0 JUDGMENT Of NON PROS WILL BE ENTERED AGAINST YOU. r" n~ (3) The dolo of ,",viee of thi. rule ~ ...vlce wa. r>y moll i. the dolo of moiling. ::':t:.: -'" '" t. SIgIIIU'W d PhXt_liOClII ~ 01 DrtpufV V, O<M: .19_. C') ......-., g ,- l i I I ~J'l'l4 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (nlIS ploof of ISUIVI(;tJ MUS r Bf rlLlD WI fllIN rrN Iltli [)A YS Ar 1"( 1~ '''ln~J 1111/ 1II)111.1J of ,WOOd! CIIlU.k dpplll;dtllrJ bO)lfJlij COMMONWEALTH OF PlNNSYLVANIA COUNTVOF .~.-o:\..?M.f7_~P_ AFFIDAVIT: I h","uy swe,,, or 1If1,,,"UH,'1 s~rve'! -1, l/.,.\ ~ copy 01 Hw NolICt! 0f A~pelll. Cummlltl Pltl~No,~~_tffll_~g__._ ,IJplll1 fhl~ OJ'itr d~5lgnulad therein on (dato 01 slJrv/co) -. ~~-7-~--' 19_~r_, )C1.by yef50t1al ~iJr"'Jce oglslered) mall. fonder's ruceipt attached hPWlr), nnd upon ttlt' iJppt1rrl'l~. IfIfin/e} ,.':7,f~JIj ,...it:-.. lJ. . '&~______ __n ,on ..17 1t.J.~..__-., 19~-$--:rJ by pl~'~,l)n,lI ~i.!rvl(.;I~)<tby ((' 1I1ntJ (rl'gl~ltHud) rtlilil, :lOrHli~I"~i H:!Ctjlpl attached hereto o and 1lJ'lher t~all ~orvt)(1 ttw Rulo to hit! iI C'JfllplilHlt ilccornp""YII1U thlJabfJve Notlcool AlJl-ltMlvlJon the app.llee(s) to whom the Rule was i1ddrt!::):)lJd Oil 1 9 , [] tlY pt..lnSQnal ~'Wr'Ylr:e 0 by (certified) (registered) :n mall, sonder's rect!lpt attached her~to SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME T S ----.dLt r.' (). ,:t ., :l HI '__'______DAYOF~"--"'-,-.., 19L__ 1 I - -F\ lIP -5:t:~,,-'t.~ -- SIgnature of .fft.nt ,\.<,-' T,t!.ofollicHtI I M~ COmml~!;IOf1 8)lJutea on " . :-, ' I j9_' 2 ':.':r:L:'~'::':\, ,,' """1 '1'7 t "10' 1 Receipt for Certified Mail Nil Insurance CO....OtllljtJ Prn....trlud 00 not use for IlHernnttnnal Mail tSP.t~ Ae\lor!Sel _. I '1'11' /11,1 ---- - -~. '" ~ '''s, BarrE!cl~t_____ aA - I: .~ N .. ". ~'; 4! ~ . ..t ~:,~:.. .'. J "'?~~(lLSeconct_St - 8.- H::j~rf.~blgp; , , P A 17110 I'.,..I.!,I' ~ $ '),.1- ~ LJ_ L' Ie ;,.."1,,,.,, it,...,. ,-"., -_._---------.~ H';','I.,t,., """''',1,. ~ .! T ... "', 7;0-- .~.. . , " " " :~; {. $ ::' ~ (. -..,. I I I I \ \ , . \ , f ! UNITED STATES POSTAl. SERVICE '''''' Flrat.CII.. Mlil ' POIlIg. a F... Plid USPS Plrmit No. G.l0 ~-. " I · Print your name, address, and ZIP Code In this box . . , R, Bates Box 10464 Harrisburg, PA 17105-0464 , '. , . " . , ( .~-.... ..... . ~..~~ :......,...-- - . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Randolph H. Bates VB. Stephanie F. Barrelet August 28, 1995 Docket, 1995-4368 Praecipe To Strike Appeal To the Prothonotary: Please strike the appeal in the above captioned term and number by reason of Plaintiff's failure to comply with D.J. R.P. 1005. Respectf.ully submitted, S:t-;.t(cU': r ,~"~ {-{-- Stephanie F. Barrelet ' , pro se Certificate of Service I hereby certify that on August 28, 1995, I served a copy of the document on the plaintiff by certified mail to: Randolph H, Bates P.O. Box 10464 Harrisburg, PA 17105-0464 '. Respectfully submitted, _'S";6-~GV~'" F ~.~ {r- stephanie F. Barre~et pro se NOTlCI 0' APPIAL COMMONWIAUH Of "NN"LVANIA ----n-'---'COu., O;CclMMON IOU AS 'ROM JUDICIAL DltU'U DISTRICT JUSTICI JUDGMINT Cumberland County COMMON ,UAS N. 95-- Lf:3 ~Si C-I-:...:f..:!JI.JIho'v NOTlCIOf APPIAL - ':it:..J~.;t, eilsj<JS' ' . ., -,--- Notic. i. gi_ thot the appellant ho. filed in tho abav. Court of Common Plea. an appeal f,om the judgm.nt rend".d by tho Oi.tricl Ju.tico an tho da.. and in the c".. mentioned beta.. .---~_.. ---- -----.- ----~-----r-M'iaOiU NO Ot N...MilYDJ ---- -_.--- ,,_ ,.,_l 09~ 1-;91LC1!,lmEwJ --------~~ (If... 5''''1! z.....~ -.roor~ RandOl~~_I1-'_.Il?tf,lS .t.DDIllaaor AI"Pt ANT o;.~~ X...,JjN~ 6 4..Lll~}: r i sJ-W;W,_",~~p-r~l'lv a n1 a 17 July 1995 _r____g,~~O(...Pt1 ~. a... NO 1? 10'i-Ol!64 '----'------~---o;,;,~------.--- :'It;;.r' tt~/~ I II'llh"'1 Barrelot (CV-211-95) OI'H1f'AlfOliNIYO..ct...-------- CV 19-95-211-g'i LT 19 . Thi. block will be oigwd ONLY wh.n this ";;;;;"Oni-;-r.quired~;;de;P~R: : jp,- -- 100811. Thll Notic. of Appeal. when received by the District Justice. will operate os a SUPERSEDEAS 10 the Judgment Ia< pa.....1an in thi. ca... -..-------gtgnature of Prothonot,i+yor-Oi!puiy.- /I appellant was CLAIMANT (see Po. R.CP.J.P. No. 1001 (6) in action belore Dlsltlct Justice, he MUST FILE A COMPLAINT withi,') twenty (20) days alte, _ __ filing his NOTICE 01 APPEAL. --~----_.--- PRAICiPE TO INTER Rufi TO FiLE COMPLAINT AND RULE TO FILl (This section 01 kxm to be used ONLY when appellant was DEFENDANT (see Pa. HCPJP No, 1001(7) 111 action belore Dlslllet Justice, IF NOT USED, detach Irom copy 01 no/Ice 01 appeal to be served upon appellee), 'IAICIPI. To Prothonotary Enter rule upon _____~___..___..___ ,_________ ,app.n...(.), to fil. a complaint in this appod NlM1l1l of ilppal/cl!1 ~J (Cammon Plea. No. 1 Within twenty (201 days alt.. ....vice of rule or sulfer entry of judgmor,t 01 non pro. " , , SlgrnJflJlf1 of appelllflt CY IllS attorney Of agent lULl. To ________,_ . appell.'I'), 1 Noo>> 01 .1IJPC11c1~ S ) " (1) You en no.... that a rule Is hereby enter.d upan you to fil. a complaint in this appeal within twenly (20) days altor tho do.. 01 ....vic. of thi. rule upon je., by ,*""",1 ."vic. a< by c..tified a< rogi,t".d mail. "'"> (2) N you do no'iil1. a complaint within thi. time. a JUDGMENT Of NON PROS WILL 8E ENTERED AGAINST YOU. (3) Tho cJat. 01 ..rvic. 01 thi. rul. II ...vie. was by mail i. tho doN of muillng. D<ft: _.19_. S/g1llftn oJ ~/IoI1otWy or """'IV NiPC J ':;H'" PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT r rhl!i pwol 0' :1tJfVICf1 MUS r BE flLEO WI nUN rEN (/O) DA YS Af rEI1 flllllY "IIJ flollc/J of /lpptJU! I.,;/lfJck lJppllGdblu boxes) COMMONWEAL TH OF PENNSYLVANIA COUNTY OF______, -,-- -,--,- --,--..- _'.,. ; II AFFIDAVIT: o I hereby swenr Of ortirm that I served n copy 01 the Notice of Appeal. Common Plea, No ___.____ ,upon the DIslrlct Jusllce designated therein on (da,. of 58rvlc8) __. 19__, 0 by personal.ervlce 0 by (certified) (registered) mall. .ender'. receipt attached hereto. and upon tho ilpp(lllt!e, (flame) ._..__.___~._ , on . 19 n by personal s.rvlce 0 by (cmtllled), (reglslared) mall. .ender's receipt attached hereto o and further that I served the Auleto File II Complaint accompanYll1g the above Notice of Appeal upon the appellee(s) to whom the Rule was addressod on "'___,______, 19__._ 0 by personal service 0 by (certified) (regIStered) mall. sender's receipt attached hereto SWOAN (AFFIAMED) AND SUBSCAI8ED BEFOAE ME THIS DAY OF_ .,19_ Slgnatur. 0' '''"nt SIr/lid/we of alfle/al be/off! wlllJm ,111/(141'1" WliS nJjJfjlJ Title a'oft/cljJJ MV commisSIon OJlplres on ,19__ ,. n~ .. '" .f::. 'tl~:'/ " - In .or., V'I lI\ .;It"" , .7......1 I.'" . ~r . '_' ).., . iN l~ ~:a: to ..... J.J -.~ '1'1 W H'OO'" '... .:r:,~lZ~ ,;;;....'.:'."m :iI ~ ~ ~ . CHARLES A. CLEMENT, 1106 CARLISLE ROAD CAMP HILL, PA r_ (7171 761-4940 17011 JR. 'I'> ~ 'f H..f C(4'<-f IJ- COMMON PLEAS NOTIFICATION P AINTlFF REQUEST FORM d NAMf, IInd AOOREB6 BATES, RANDOLPH H, P.O. BOX 10464 HARRISBURG, PA 17105-0464 L '"1 COMMONWEAI.TH OF PENNSYLVANIA COIJNTY OF: CUMBERLAND ~OI" No 09-1-01 OJ NIIM tton ..,,- .J CHARLES A. CLEMENT, JR. 1106 CARLISLE ROAD CAMP HILL, PA 17011 DEFENDANT: NAME Md AOOHEBS reARRELET, STEPHANIE 2526 N. 2ND STREET HARRISBURG, PA 17110 L VS. '"1 .J Docket No.: CV-OOOO:! 11-95 Date Filed: 5/19/95 Disposition Date: 7/17/95 Pl.... bl advlud that an apPII' h.. bl.n tII.d In Ih. above clptlon.d c.... Kindly u.. thlt form to Indlclt. th. ,..ull' In thlt C..., and return to the jatu!"g authority (U,ted above) RESULT OF APPEAL Common PI... Judge SUMMARY APPEAL ~PEAL STRICKEN. .pp..1 h.. boan dl..llow.d, APPEAL DISCONTINUED. .pp..1 h.. baan dl.ontlnu.d by .pp.lI.nt. DISTRICT JUSTICE DECISION lJPHELD . .0u,l h.. "..h.d 80m. d..I.lon .. o,igln.1 dl.I,I.t lu.tl.. d..I.ion, _ dlltriot IUltlc. oHlc. I, to collect rlmalnlng fln../co.t,. APPEAL SUCCESSFUL. court ha. re,ched declelon flvorabl. to defendant. full r.fund to belllu.d bV dllt,l,t jUltle. oHlc.. plrtl.1 refund to b. illu.d bV dlltrict JUlllc, oHicl. REVISED DISTRIBUTION OF FINES AND COSTS If dl.trl.;t JU.llcl oHlc.l. to I..u.. plrtl.1 refund, pl....lndlc.l. .ny new dl.trlbullon in the amount(.) of fin.. .nd CQltl I' . ",ult of the court', dlcl,lon, FINE COUNTY CRT COST STATE CRT COST STATE CST! HEARING COOT EMS CAT JCP DVC CVC CCD OTHER(pl.... .p..ify) CIVIL APPfAL APPEAL STRICKEN. .pp..1 h.. baan dl..llow.d, APPEAL DlSCONTINUED . .pp..1 h.. boan dl..ontlnu.d by .ppell.nt DISTRICT JUSTICE DECISION UPHELD. .o"rt h.. ,...h.d the ..m. d..I.lon .. tho dl.t,l.t lu.tl.. Judgm.nt, DISTRICT JUSTICE DECISION DISMISSED. .ourt h.. ,...h.d . d..I.lon th.t do.. not .on.u' with tho dIOlrIOlluatl..judgm.nt. WRIT Of ClATlORAfll WRIT STfllCKEN . .pp..1 h.. be.n di..llow.d, WRIT OtSCONTINUED . writ ha. been dhll..ontlnued by appell.."t. DISTRICT JUSTICE DECISION SET ASIDE. the 0... will be ,.h..,d due to irr.gul.,lty. I..k ollu,l.dl.tlon. 0' Imp,op.r ..n.., WRIT DISMISSED. dl.trlet JUltlce dlcl,lon wa. not found to b, 'Iewed, lacking juriadietlon . or having Improper v.nu.. STATlIMlNT 0' OlJlCTION (PIe... gl.. I gan""I.umm.ry of th. 'HU"") OBJECTION DISCONTINUED. obl,.'lon h.. b..n dl.oontlnu.d by tho .pp.lI.nt. OBJECTION DENIED. obJ..tlon h.. boon d.nl.d by the Court 01 Common Pl..., OBJECTION UPHELD. app.llant'a obJecllon ha. been upheld by thl Court or Common Pie.. AOflC ~M FORM PRINTED: 8/16/95 13:59:18 \ Karen S. Feuchte.werger. Esquire OOLDII.aO, ItATZICAlf . SHIfMAH, P. C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I. D. *58995 (717) 234-4161 Attorney for Defendant RANDOLPH H. BATES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 4368 CIVIL 1995 STEPHANIE F. BARRELET, Defendant CIVIL ACTION - LAW BRIZP OP DEPBNDANT IN SUPPORT OP MOTION IN LIMINB A. PACTUAL AND PROCEDURAL BACKGROUND Ms. Barrelet rented the first and second floors of property located at 423 Summit Street, Lemoyne, FA from approximately 1990 through 1994. In August 1991, the Plaintiff leased the basement , I portion of the premises at 423 Summit Street, Lemoyne, PA. During the time that Ms. Bates rented the Summit Street property, she was responsible for paying the gas bill for the entire house, including Plaintiff's apartment., The gas meter was located in the basement and was accessible only by entering a small portion of Plaintiff's basement apartment. On May 20, 1993, Plaintiff was not at home when Ms. Barrelet smelled a gaseous odor in her portion of the premises. Suspecting that there may be a problem with the gas, Ms, Barrelet forced open an interior door into Plaintiff's apartment that would allow her to enter the gas meter room to determine whether or not there was a problem. Upon inspection, Ms. Barrelet found no problem with the gas service but was able to determine that '::he odor was from gasoline leaking in the garage. Ms. Barrelet returned to her apartment and immediately notified the landlord about the situation. When Plaintiff returned, he notified the police that his apartment had been entered in his absence. The police officer contacted Ms. Barrelet who informed him that she had forced the door open due to the suspicion of a gas problem. No charges were filed against Ms. Barrelet. Plaintiff commenced this action by filing a Complaint with District Justice Clement on May 19, 1995. See Exhibit "AN attached to the Motion in Limine. After judgment was entered in favor of Ms. Barrelet, Plaintiff filed an appeal to the Court of Common 2 Pleas of Cumberland County. The matter was schedullld for an arbitration hearing on May 2, 1996 but Plaintiff failed to appear at the scheduled hearing. Therefore, judgment was entered in favor of Ms. Barrelet. Even though Plaintiff failed to appear at the arbitration hearing and present hi~ case, he filed a Notice of Appeal from the arbitrators' award. However, to date, Plaintiff has not provided a copy of the Notice of Appeal to Ms. Barrelet or her counsel. On September 27, 1996, Ms. BarreJ.et filed a Praecipe to list the case for trial without a jury. By order of this Court dated October 1, 1996, this matter is scheduled for a non-jury trial on Wednesday, November 6, 1996 at 1:30 p.m. B, DISCUSSION plaintiff alleges in his Complaint that there were incidences between August 19~1 and May 1993 in which Ms. Barrelet entered his apartment without. his permission and damaged and converted his property and interfered with hie use and enjoyment of the premises. 3 Section 5524 of the Judicial Code, 42 Pa.C.S.A. 5101 at seq., provides, inter alia. that the following actions and proceedings must be commenced within two years: . . (3) An act ion for taking, detaining, or inj uring personal property, includipg actions for specific recovery thereof. (4) An action for waste or trespass of real property. (7) Any other action or proceeding to recover damages for inj ury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. The two year limitation period provided for in section 5524 is well established in Pennsylvania and has been held to apply to actions for trespass to real property. Chisante v. J.H. Beers. ~, 297 Pa. Super, 337, 443 A.2d 1150 (1982); Polite v. Diehl, 507 F,2d 119 (3d Cir. 1974) 'conversion of personal property); " Aivazoqlou v. Crever Furnaces, 418 Pa. Super. 111, 613 A.2d 595 (1992) (personal injury) I and Lawrence v. United States, 631 F. Supp. 631 (E.D. Pa. 1982) (emotional distress or harassment). Plaintiff seeks damages for Ms, Barrelet's alleged tortious conduct which occurred two years prior to his filing an action with the district justice on May 20, 1995, By operation of section 5524, all such claims--based on incidents alleged to have happened prior to May 20, 1993--are barred by the two year limitations period. Only Plaintiff's claims baeed on Ms, Barrelet's justified entry into his apartment on May 20, 1993, are not barred by the statute of limitations. 5 ", C. CONCLUSION Based on all of the above, Defendant, Stephanie F. Barrelet, respectfully requests that this Court enter an Order precluding Plaintiff from raising and/or arguing any allegations relating to events prior to May 20, 1993. Respectfully submitted, Goldberg, Kat_man ~ Shipman, P.C. \) .-=' x1 By: r'-. -""") ( )l Karen S. Feuchtenberger, Esq. Attorney 1.0. #58995 320 Market Street Strawberry Square P,O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant, Stephanie F. Barrelet Date: l't )i\91. 6 Karen S. Feuchtenberger, Esquire GOLDIlIRG. KATZMAN' SHIPKM, P.C, 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney 1.0. ~56995 (717) 234-4161 Attornsy tor Defendant RANDOLPH H. BATES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 4368 CIVIL 1995 STEPHANIE F. BARRE LET , Defendant CIVIL ACTION - LAW MOTION IN LIMINE PILED ON BEHALF or THE DEPENDANT AND NOW, comes the Defendant, Stephanie F. Barrelet, by and' through her attorneys, Goldberg, Katzman & Shipman, P.C., to file this Motion in Limine based on the following: 1. On May 19, 1995, Plaintiff filed a Complaint against Ms. Barrelet relative to alleged actions of Ms. Barrelet from August 1991 to May 1993. See Exhibit "A" attached hereto. 2. Judgment was entered in favor of Ms. Barrelet and against Plaintiff by District Justice Clement regarding the a~legations in Plaintiff's Complaint filed May 19. 1995. ""lbIt A , CI,O' " . M~IVi'lWE/\l.lIl VI' 1'1:1.11 '::;Yl.VA"II^ ~?,U"" Y OF.. ~:'''~I~'-"lotc1!~______~_ u;;i:;.,-;j~-:~'--' . -............ ...-._-~--.--- -_....- - .--". '(%'1..1 LI.o.OMP 1i'I:XI.l'iillir n"Jtlrlr" ,.. II~"I': t..,IM,,'f)IlF.'J'f -I 1)'1.1-1) I VI ,,~.... tl~.. 11.1l1llolplt II. !lox 1I).Ir", Bdl:I.- bitllll"rJ, l. ..J Udte:j CIIMLE$ ^, CI.E~IF.llr, Jlt. ~.hJ"'I' llUfj CI\lU.[:;I.I~ IU'^U eMI!' 1111./,.1'/\ IltHl l'^ l'Il05-0.1601 V5. I.'''vl'"". f 71/} II; 1-/14)"U LJHF.NUMlr: ,- -I IIM.'I; ~.." AIm"' 59 f\MUurlr Fll',",UC(JSIS S 51..50 SEnVINU CUS IS' 30.00 lU'^l $ 84.50 UME P^'U 5/ 19/ 95 / / .-L / Stephanie Barre1et 2526 North Second Street Ilarrisburg, P^ .17110 L 717 2J'I-2571 UuckeINu.: CV-2l~-95 * Da'eFlleu: 5-19-95 r! , d~l~t~ _J 101 HE UEFEtW^N I: 'III" ~IJuve lIa"'eu plahUIlI(s) aslls /uOy",alll ny~j/lsl you lor $ 4,000.00 10\lell1er wlll1 cllsls IIpullllle lulluwlllY clalll' (ClvlIUlles IIIUSllllcluue cllallu/I'ul l/1e slalule ur olulllallce viulnlau): From August 1991 to May of 1993, Def"tllIdant Stephanie Barrelet did without authority or invitation enter Plaintiff's residence at 423 Summit Avenue (Rear), Lemoyne, Pennsylvania. On numerous occasions during this period, Defendant Barrelet damaged items belonging to Plaintiff to include a window ~creen, door, and door jamb. Additionally, D~fend1lJt Barrdet removed a lock from Plaintiff's residence. Defendam Barrelet, laHly, intentionally interfered with Plaintiff's full use and enjoyment of his premise. I, 2and~h H. Ba tes verily Ihall"e laclS sel iorlll 11I1"ls complaint ale Irue anu l:u..ftCI lu ",,' IJ"~( ur lilY kl1f,wlet'41J. 1"'u'lIItHlolI. RlltJ uelle', Tills slal8l1lEJllt Is ,"ado sutJlecl to IIle penaltIes of S8cllurt ~YIJ<l ullI'e C.ioll85 Cuue (10 PA, S.C.A. S 49U~) r.'ele /I slllc~lIolllo ~ul"urill.s, I II"". Iv.. oj njllUI 0' ull I ae' i.fll~ r.lt'lI"'Rr, "\lI.f".,~ Addltu: t"'''''''tnt: IF you INIF.~lI) TO EHI Ell ^ UEFENSI: TO lHI8 COMf'lI'/NT. NOTIFY 1'1.118 OFFICE IMMEDIATELY 1\1' THE AllOVE lELEfJl-IUNE NUMor:n. Y(JI) MUS r APPEAn 1\1' THE HEARING AND rneSENT YOUR DEFENSE. UNLESS YOU 00, JlJUGMEm WILL BE EN I EnEO AGAINST YOU BY DEFAULT. n yuu I laVe ~ cl~inl ~y~IIIsl II Ie pl~/II1111 w"'eh Is wilhlll ulstrletlusll"e )uIlsulolloll ~nu w"'"h you Inl.lld IlJ ~SSI)l' ~tl/le "~;"illY. yuu ",ust lIIe ilulI a cUlllplalll' 101111 ~I IIlls olllee alle~sllive (5) uays li.fof. I/IP-"=-R ~e' fur !lIe hl!~IIIIY If ytl\l llave a dainl ayalllSI'"e plainlilf whlc" Is nOI willlln ulslrlellllSllee IUislIi..1i1..'. yuu III~Y l..que~lluluullaIlIJII IrulII IIlls olllee ~s \u IIle pruceuures yuu Illay lolluw. If you ~'e dr""'e" Allli "quite ".,I.lnlloe 10 mll911l1 COUll, plene cUlIlact Ihe Mayl.l"rlel UI9111cI olllee alll19 ..Jure.s Aliove. A .v$"';:1II{.~'1. ".,,: \ lWtitY' Karan S. Feuchtenberger, Esquire ooLll...a. ItATZIIAIf . BHIPMAIf. '.c. 3~0 Market Street Strawberry Square P.O. Box 1~68 Harrisburg, PA 17108-1268 Attorney I.D. *58995 (717) 234-4161 Attorney for Defendant RANDOLPH H, BATES. Plaintiff IN THE COURT OF COMtoION PLEAS CUMBERLAND COUNTY. PENNA. v, NO. 4368 CIVIL 1995 STEPHANIE F. BARRELET, Defendant CIVIL ACTION - LAW ORDER AND NOW, this day of October, 1996, upon consideration of Defendant's Motion in Limine and Brief in support thereof, and any objections thereto, it is hereby ORDERED and DECREED that said Motion is granted and Plaintiff is precluded from raising and/or arguing any allegations pertaining to alleged activities prior to May 20. 1993. . BY THE COURT: J. ~1 t~ "'t~b --I ~ ~ . -~ -YI-JL J (j~ oJ- /t; I --OW ~\JW'~- vi ..{>> III AJI( ~ )oJ. 3. Upon appeal of the judgment entered in favor of Ms. Barrelet, Plaintiff filed a Complaint in this Court relative to alleged activity by Ms. ,'rrelet from August 1991 through May 1993. 4. The allegations in Plaintiff's Complaint, other than that relating to May 20, 1993, are barred by the Statute of Limitations and, therefore, Plaintiff should not be permitted to raise and/or argue these allegations at trial. WHEREFORE, Defendant / Stephanie F. Barrelet, respectfully requests that this Court enter an Order precluding Plaintiff from raieing and/or arguing any allegations in his Complaint pertaining to alleged events prior to May 20, 1993. Respectfully submitted, Date I te \ '" \c)(, GOLDBERG, KATZMAN & SHIPMAN, P.C. ",oJ ,__' By: x:---.. :)\~ Karen S. Feuchtenberger, Esq. IDlI: 58995 320 Market Street P.O. BOlC 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Stephanie F. Barrelet 2 Ixlllllll A , , ,-) , '. . \ , , ., '1 ,\ ..... ,\ 'J \',) , ,''') ,\ .J :,:" \1-' \ -.J I l'P ". ~ t ~. . Randolph H. Bates, Plaintiff IN THE COURT OF COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA v. Stephanie F. Barrelet, Defendant No. 4368 Civil 1995 Civil Action - Law NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served. by entering a written appearance personally or by an attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle. Pennsylvania 17013 Telephone: (717) 240-6200 6. Between October 1991 and February 1992 Defendant Barrelet continued to recklessly disregard the sanctity of Plaintiff's residence by her continued unauthorized entry. 7. After having been specifically requested, again, to immediately discontinue her numerous unauthorized entries, Defendant attempted to permit unimpeded access to Plaintiff's residence in February of 1992 by various third parties to include utility employees. 8. Defendant's continuing outrageous conduct necessitated Plaintiff's changing the locks to his residence in February of 1992. 9. In August of 1992 Defendant attempted to gain entry to Plaintiff's residence by forcibly breaking a window screen and seeking to force open the window causing damage to both. (See attached Exhibit 1) 10. Plaintiff again spoke with Defendant in August of 1992 and reiterated his displeasure with her reckless indifference to the sanctity of his premises and her continued unauthorized entry into his premises. 11. Defendant's continuing outrageous conduct again necessitated Plaintiff's reinforcing the locks to his residence in March 1993. 12. Defendant's outrageous course of conduct expanded to include harassment of the Plaintiff and his guests hindering his full use and enjoyment of the premises. 13. On May twentieth 1993 Defendant forcibly entered, without 2 authority or permission, Plaintiff's residence by kicking in a door. (See attached Exhibit 2) 14. Defendant removed various items belonging to the Plaintiff to include a door lock and an interior door and converted these items to her use. Additionally, Defendant caused extensive damage to the door and trim. 15. Because the acts taken by the Defendant were carried out in a deliberate. cold, callous, malicious. and intentional manner in order to injure and damage the Plaintiff, Plaintiff requests the assessment of punitive damages against the Defendant in an amount appropriate to punish and make an example of Defendant Barrelet. WHEREFORE, Plaintiff respectfully prays this Honorable Court enter judgment against the Defendant in a sum not in excess of $20,000.00, together with punitive damages, costs, and interests. i I Respectfully submitted, ;;7 .-::::-'.'~........ , , ,I il " I, .- n olph H. Bates Box 10464 Harrisburg, PA 17105 " I , Date: 30 October 1995 3 " , , I' I I Attllchments I I , II II II i I I I , 1 . Lemoyne Police Department Complaint Report, dated 19 August 1992 2 . Lemoyne Police Department Complelnt Report, dated 21 May 1993 'I il I ., I II :1 II I' ,I 'I I' I 'I , 'I !: , '1 :! IxhIbIt 1 " , , btllbll2 ,I " " t,. r.-- ~; ~'. 4:'. ";11" ;!4 ,'> ., COMPLAINT REPORT @" ., \ ~~ CITY .; '" . """".., 1..,.. ." ,..1:' , ;'1 ., ,,' ~.,;" '.. .... ... ':;0 I 1;'-.1tJ '. ',I. ~* :';(i ~ "!! .~ LEMOYNE POLICE DEPARTMENT 665 Merktl SI'UI, Llmoynt, P,. 17043 Phone: (717) 737.6734 TYPE OF COMPLAINT ,'" ",.) ..: OATE .; 'J -.l.i .. PHONE ./ ': .~ " 'j). ~ AIPOATlO: 0 PHONE NATUAIOF COMPLAINT: o LETTE" l\1 RADIOIINTEACOM o IN PERSON ~. " .",~\..(; .,~." "~':'X ..liIlfIIj. " {~ . "I:.", .,. '..;" /C - '1 ~. 1"/ ~; to /..,. t.. OFIlICIA'S SIONAl'UA. 93-0936 aid.. Numo., , ,. '" -.