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NELSON L. MINICH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-5246 CIVIL TERM
v.
ROBERT SAMPSON,
Defendant
JURY TRIAL DEMANDED
PLAINTIFF'S PRELIMINARY OBJECTIONS AND ANSWER
TO DEFENDANT'S PRELIMINARY OBJECTIONS
Plaintiff NELSON L. MINICHr by his attorney, Wayne F. Shader
Esquire, appears and files his Preliminary Objections to
Defendant's Preliminary Objections pursuant to Pa.R.C.P. 1017 and
1018, as follows:
MOTION TO STRIKE DEMURRER FOR FAILURE TO
CONFORM TO LAW
1.
The Demurrer of Defendant fails to plead a claim upon which
relief can be granted in that it is an impermissible speaking
demurrer by virtue of its advancement of allegations which are
outside the scope of Plaintiff1s Complaint or otherwise outside
the scope of the record in the case.
2.
Defendant's Demurrer objects that the Notice to Quit was not
attached to the Complaint. District Justice Rule 503 sets forth
specifically the required and sufficient allegations of the
complaint for recovery of possession of real property. There is
nothing in that Rule which requires attachment or incorporation
of the Notice to Quit. It is only required that Plaintiff
The statements in the foregoing Answer are based upon
information which has been assembled by my attorney in this
litigation. The language of the statements is not my own. I
have read the statements; and to the extent that they are based
upon information which I have given to my counsel, they are true
and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the
penalties of 18 Pa.e.s. 54904 relating to unsworn falsification
to authorities.
Date: November 10 , 1995
/,
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Nelson . Minich
WAYIlI! F, SHADP.
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Cartilk. PNaaytullla.
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ROBERT SAMPSON, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNT~, PENNSYLVANIA
.
.
,
v. . 95-3713 EQUIT~ TERM
.
.
.
NELSON L. MINICH, .
.
Defendant . EQUIT~
.
IN RE: TRANSCRIPT OF PROCEEDINGS
TESTIMON~ OF ROBERT LEE SAMPSON
Proceedings held before the
HONORABLE EDGAR B, BAYLE~, J.,
cumberland County Courthouse, Carlisle, Pennsylvania,
in Courtroom Number Two,
on July 17, 1995.
APPEARANCES:
~E F. SHADE, ESQUIRE
For the Plaintiff
JANE MULLER-PETERSON, ESQUIRE
For the Defendant
EXHIBIT "A"
1
2
3
4
5
6
7 civil case?
8
9 Your Honor.
10
11
12
13
14
15
16
17 ,Defendant.
18
19
20
21 to relief.
22
23
24
25
.
.
July 17, 1995, 9:48 a.m.
carlisle, Pennsylvania
(Whereupon, the following proceedings were
held. )
THE..COURT:
What'D the dispute here in this
a.
MR, SHADE:
It'D a landlord/tenant issue,
THE COURT: It'D a proliminary injunction?
MR. SHADE: Yes, sir,
THE COURT: What's the diDputo?
MR. SHADEl Well, our primary contention is
that there is no lease betweon tho parties to this case.
THE COURT: Between?
MR. SHADE: Betweon the Plaintiff and
THE COURT I
MR. SHADE:
THE COURT:
Sampson and MiniCh?
Right.
Therefore Minich isn't entitled
MR. SHADE:
Actually, MiniCh is the
Defendant.
THE COURT:
HR, SHADE:
Sampson is entitled to no relief.
Correct. That's the preliminary
2
.
1 injunction from our perspective.
2
THE COURT: What's the issue from your
3 perspective?
4
MS. PETERSON I We think the landlord/tenant
S eviction/ejectment is illegal and that they are proceeding
6 with self-help eviction which is, in our opinion, tllegal.
7 So we can prove he does have a lease.
8
THE COURT: If there is a landlord/tenant
9 relationship, if there -- or if there is a legal
10 relationship, then that would require proceedings under the
11 Landlord/Tenant Act, then he obviously has to comply with
12 the terms of that.
13
MR. SHADE: Yes, Your Honor.
14
THE COURT: I understand. You may proceed.
MS. PETERSON: I call my client, Robert
lS
16 Sampson to the stand first.
17 Whereupon,
18 ROBERT LEE SAMPSON,
19 having been duly sworn, testified as follows:
20 DIRECT EXAMINATION
21 BY MS. PETERSON:
22
Q
Please state your name.
23
A
I'm Robert Lee Sampson.
24
Q
And what is your address?
25
A
(NO AUDIBLE RESPONSE)
3
1
.
Q What is your address?
A 1408 Trindle Road, Carlisle.
Q Are you currently residing there?
A No.
Q And why are you not residing there?
A When I got out of prison, they left me out on
2
3
4
5
6
7 parole because of the probation at home.
8
THE COURT: You will have to speak a little
9 slower.
10
THE WITNESS: Well, when I got out of prison,
11 they left me out early on parole to take care of the
12 problems that I had at home. When I received on the
13 property, all of my stuff was sitting out under the carport.
14 BY MS. PETERSON:
15
Q
I am going to back up and have you tell the
16 Court how you came to live there. How did it happen that
17 you came to live at that residence?
18
A
David Detweiler, who lived. there before me,
19 took me to Mr. Minich's, and I told him I was going to move
20 in, which I gave him cash $300.00 rent and $50.00 that the
21 old tenant owed him.
22
Q
What was the $50.00 for again?
23
A
For the other people's rent that he didn't
24 pay before.
25
Q
For a tennant's arrearage?
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
in?
.
A Right.
Q And when you paid that he said you could move
A
Q
A
He gave me a receipt for it.
And what month was that?
January.
THE COURT: Of what year?
THE WITNESS: '95.
BY MS, PETERSON:
When was the last time you paid rent?
March.
Q
A
Q
A
Q
cash?
A
Q
A
Did you pay rent in February?
February. Every month I gave him cash.
So which months were those that you gave him
January, February, March and April.
And then what happened in April?
Well, before April I went 'and told him that I
was going to a compu~er school.
Q And was that true?
A No, that was a lie.
Q And did you tell him how long you would be at
that computer school?
A
Q
I said about five months.
And did you make arrangements to preserve
5
1 your tenancy while you were gone?
.
2
3
4
5
A
I had my son's mother to take care of him.
How old is your son?
Q
A
Seven years.
Q
And did your landlord consent to the son's
6 mo~her living in your apartm~nt while yo~~ere away?
7
8
A
Yes.
Q
And what was the arrangement about rent while
9 she took over your tenancy?
10
A
The arrangements we had for rent was that
11 Lenny Hartman was to pay the rent to Nelson.
12
13
14 moved in.
15
16
17
18
19
Q
20
A
Q
Who is Lenny Hartman?
That's the guy who was living there when I
A
Q
He was there when you moved in?
Yes.
A
Q
Did you know him before you moved in?
No.
. ....
A
Did he ever pay rent?
Well, he paid $60.00 a week to me. I took
21 care of everything else. The groceries, the electric and
22 the rent.
23
Q
And so while you were in prison, you say that
24 your -- the mother of your son and Lenny Hartman were to pay
25 the rent?
6
.
.
1
2
3
4
5 desk.
6
.
7
8 business.
9
10
11
12
13 and steak House.
14
15
16
Q
A
17
18
Q
19
A
20
Q
Q
A
.
And did you ever pay him for that?
Yes, I paid him with a check.
And what did he do with that check?
Q
A
He run the check back for me today on the
Q
And on what day did you pay him that'money?
I paid him on Thursday at his place of
A
Q
And today he paid it back to you?
He gave it back today.
A
Q
Mr. Sampson, are you employed?
A
Yes, I work for Hoss's in York. Hoss's Sea
Q
And about what are your earnings?
About 220 a week.
A
Do you work full-time?
Yes, 40 hours, 48 hours.
Do you have any charges pending against you?
No, I don't.
Do you intend, if you were allowed to stay,
21 would you be able to pay the rent and continue residing
22 there?
23
A
24
Q
25
A
Yes, I would.
Would Lenny Hartman continue residing there?
No.
8
1
2
3 mother-in-law.
4
5 places?
6
7
8
9
10
11
12 weather?
13
Q
.
Where are you sleeping now?
Well, I'll stay with my mother or my
A
Q
And do you have a bed at either of those
A
No.
Q
And where are your household furnishings?
At the old house on 1408 Trindle Road.
A
Q
Where at the home are they?
Outside underneath the carport.
And are they fully protected from the
A
Q
A
They have plastic but the one end is open,
14 and I don't know if the rain blew in or not.
15
16 my client.
17
MS. PETERSON: I have no further questions of
THE COURT: Cross.
18 CROSS-EXAMINATION
19 BY HR. SHADE:
20
Q
Do you agree, sir, that whenever you entered
21 into any agreement that you entered into with Mr. Sampson
22 that it was an oral lease based on month-to-month, don't
23 you?
24
A
It was nothing ever said to me. He just took
25 the rent, but I didn't sign a lease.
9
,
.
1 was drinking. By my wife and mother-in-law, they said he
2 was drinking every day.
3
Q
And urinating on the carpet?
4
A
Yes.
5
6
Q
And wetting his bed?
A
Yes.
7
Q
And you told Mr. Minich that you wanted
8 Mr. Minich to change the locks to get this Mr. Hartman out
9 of there, didn't you?
10
A
Yes, I did.
And also in that same telephone conversation
11
Q
12 you asked Mr. Minich to wait for the rent until you were
13 scheduled to get out of prison in August?
14
A
Yes, I did.
You told him that you were not scheduled to
15
Q
16 be released until around August 8th of 1995.
17
A
That's true.
18
Q
But now you say you were released on early
19 parole to take care of your family's situation?
20
A
Yes.
21
Q
Now, you were in prison for theft, weren't
22 you?
23
A
Yes.
24
25 July 10?
Q
And you say you were teleased from prison
11
,
1 A Yes,
2 Q And you are aware that the unit which you had
3 been renting before you went to prison was one unit in a
4 four-unit frame building, weren't you?
5 A Yes.
6 QDo you know where Hartman is today? .
7 A No, I don't.
8 MR. SHADE: May I have a moment, Your Honor?
9 THE COURT: (INDICATED POSITIVELY)
10 MR. SHADE: Nothing further, Your Honor.
11 THE COURT: Thank you. Anything further?
12 .MS. PETERSON: Nothing further.
13 THE COURT: You may step down, sir. Anything
14 further?
15 MS. PETERSON: No,
16 MR. SHADE: I know Your Honor is not crazy
17 about demurs or the theory in this defense, and it's "_.
18 admitted any continuing relationship he had with this
19 gentleman when he went into jail was based on an admitted
20 lie, which was a fraud and that --
21 THE COURT: Well, he just didn't want him to
22 know he was in jail. He told him he was in computer school.
23 HR. SHADE: Well, the point was he would
24 never have let anything -- he will testify if it is
25 necessary that if he had known this man was going to jail
12
.
1 instead of going to computer school, and it's our contention
2 that no contact and certainly no equitable relief can be
3 based on an admitted fraud. That's our basic legal defense.
4 If Your Honor wants to hear the factual defense, I believe
5 it's compelling as well but that's our legal defense.
6 THE COURT: Except that he did -- he did take'
7 the rent from these people. He's always gotten his rent and
8 he actually got the rent from this guy and $30.00 owed from
9 another tenant, and $300.00 --
10
MR. SHADE: If Hartman were Plaintiff, we'd
11 have a different problem; but Hartman is not here today, and
12 he is not in this case.
13
THE COURT: The other thing is if Sampson,
14 whatever he was in for, he paid his debt. If he is
15 entitled, under the circumstances, to remain, he can always
16 evict him.
17
" .
MR. SHADE: Exactly. And we've already given
18 him notice of that. But again, it's just our theory that we
19 should not be held to any further contractural relationships
20 with this man which would be based on his admitted lie and
21 fraud.
22
THE COURT: Okay. What's your position?
MS. PETERSON: Well, it's our position that
23
24 the contractural -- the fraud perpetrated had nothing to do
25 with the contractural relationship which was set up by the
13
.
1 exchange of rent in exchange of staying at the premises.
2
THE COURT: Except that the lie resulted in
3 the land owner agreeing to the interim arrangement. So it
4 did have some effect.
5
MS. PETERSON: Regardless of whether he
~ agreed to the interim arrangement, he is still residing in
7 violation of the Landlord/Tenant Act. These people have
8 some kind of tenancy together. His son stayed in the place
9 this whole time. All of these people were in there to care
10 for his son, and the landlord --
11
THE COURT: Okay.
MS. PETERSON:
still has to evict him
12
13 legally.
14
THE COURT: I am going to think about it. I
15 will have an order down by the end of the day.
16
MR. SHADE: Your Honor, we would offer
17 testimony in defense. If the demur would not be sustained,
18 we would have -- I'm concerned that there' --
19
THE COURT: Well, factually there is no
20 dispute. And I am assuming that the man wouldn't have gone
21 along with this if he knew the true circumstances. The
22 facts are not in dispute.
23
MR. SHADE: That's fine.
24
THE COURT: It's the legal indication is vis
25 a vis legal tenants.
14
.
. ,
1
.
MR. SHADE: Yes, sir.
2
THE COURT: I understand the factual
3 situation. I will have an order down by the end of the day.
4
5
6
7
Adjourned.
(Whereupon, Court was adjourned
at 10:08 a.m)
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
15
CERTIFICATE
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcr~pt of the
same.
V\\.; All rw.....
K. Troutman
Court Reporter
* * *
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed
to be filed.
~ 1.8 rLq~ ,.....
Date
I J.
16
."'!
SEP- B-9~ FRI 14:~7 H,L.~IIHICH &
SONS, I t"JC .
. .
71724 :!: 8 '99.'3
, P.02
,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
PLAINTIFF: ""ME ond '00"'''
~lNICH, NELSON L
730 N, COLLEGE ST,
CARLISLE, PA 17013
L
NOTICE OF JUDGMENT/TRANSCRIPT
U.g 0111 No.'
09-3-03
DJN"""H(oIl
SUSAN 1<. DAY
_,,0: 229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
vs.
DEFENDANT:
r.:; IlAMf ond ADOIUt
SAMPSON, ROBER'1'
1408 'l'RINDLE RD.
CARLISLE, PA 17013
L
T~._: 1717) 486-7672
17065
NELSON L. MINICH
730 N. COLLEGE S'1'.
CARLISLE, PA 17013
Docket No.: LT-0000217-95
Date Filed: 0/22195
THIS IS TO NOTIFY YOU THAT:
00 Judgment was entered lor: (Name) MINICH. NELSON L
ffi] Judgment was entered against: (Name) SAMPSON, ROBERT
In the amount 01 $
997.00
(Date) 9/05/95
on:
o Damages will be assessed on:
(Oate & Time)
o This case dismissed without prejudice.
00 Possession granted.
O. Possession granted if money judgment is not
satisfied within thirty days.
o Possession not granted.
o Levy Is stayed lor days or 0 generally stayed.
o Objection to levy has been filed and hearing win be held:
Date: Place:
Amount 01 Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
$930.00
$67,00
$.00
$,00
$997.00
TOTAL
."
Time:
.
.
.
.. .... .
ANY PARTY HAS THE RIG T APP
.q, ~p~EArE ~R. T
, , 't 0 Date'
. .~. .
L WITHIN 30 DAYS ,iH D TE OF JUDGMENT BY FlUNG A NOTICE
COUR 0 COMMON PLEAS, CIVIL DIYl61ON.
" ..".
; :. I District Justice :
j. .,".,"" :;. '.\; ., ' ~ ~ . i' .
, 1l!C!ings containing the jUdQment, ,:. . . . ";'.'.: ': "
. '{";"\I.. ." .\. . ". " . ',' . I
.... , ,... ' 'I District Justice 0: "
. .
My commission expires li/sl Monday 01 January.
EXHIBIT "B"
SEAL
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SEP-.E:--;a,,:, FPI 14:57 N.L.r'lJUICH:~ :.Ot~~.~lt~C.
i I 724313993
'.
. P.02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
NOTICE OF JUDGMENT/TRANSCRIPT
OJ Natft.. tiM
PLAINTIFF: NAME and .00"'"
~INICH, NELSON L
730 N. COLLEGE ST,
CARLISLE, PA 17013
L
.J
10480 Dill No.
09-3-03
"1
SUSAN 1<. DAY
'''''''M' 229 MILL STREET, BO)( 167
MT. HOLLY SPRINGS, PA
vs.
DEFENDANT:
r- NAM! and ADOREGi
'SAMPSON, ROBERT
1408 TRINDLE RD.
CARLISLE, PA 17013
L
.J
T~,""'" (7171486-7672
17065
"1
NELSON L, MINICH
730 N. COLLEGE ST.
CARLISLE, PA 17013
Dockel No.: LT-0000217-95
Dale Filed: 8/22/95
THIS IS TO NOTIFY YOU THAT:
[!] Judgmllnl was entered lor: (Name) MINICH. NELSON L
IKl Judgment was enlered against: (Name) SAMPSON, ROBERT
in the amount of $
997.00
(Date) 9/05/95
on:
o Damages will be assessed on:
(Oale & Time)
o This case dismissed without prejudice.
[!] Possession granted.
0" Possession granted il money judgment is nol
satisfied within thirty days.
o Possession not granted.
o Levy Is stayecllor days or 0 generally stayed.
o Objection 10 levy has been IlIed and heartng will be held:
Dale: Place:
Amounl of Judgmenl
Judgmenl Costs
Interest on Judgment
Attorney Fees
$930.00
$67.00
$,00
$.00
$997.00
TOTAL
."
Time:
,
.
, .,.
:',
L WITHIN 30 DAYS 1'H D TI! OF JUDGMI!NT BY FlUNG A NOTICE
COUR 0 COMMON PLEAS. CIVIL DIVISION.
.,. .
. ,'. I Distrtct Justice :
I . .' .- 1.~' \:. ~. .
. ll~cllngs containing the judgment. : ." ':
. f' '~J
';-' , . , . District JuStice
My commission expires filst Monday or January. SEAL
EXHIBIT "B"
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NELSON L. MINICH,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-5246 CIVIL TERM
ROBERT SAMPSON,
Defendant
NOTICE TO PLEAD
TO NELSON L. MINICH:
You are hereby notified to file a written response to the
enclosed Preliminary Objections within twenty (20) days from
service hereof or a judgment may be entered against you.
Da te: (. c:r.l.u..t.- 30 , WI r;-
,
()
'Oh...~- V
ane Muller-Peterson
~torney for Defendant
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, Pa 17013
(717) 243-9400
NELSON L. MINICH,
Plaint,ff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ROBERT SAMPSON,
Defendant
NO. 95-5246 CIVIL TERM
DEFENDANT'S PRELIMINARY OBJECTIONS
IQ PLAINTIFF'S COMPLAINT
Defendant Robert Sampson, by his attorney, Jane Muller-
Peterson, hereby files the following Preliminary Objections to
Plaintiff's Complaint:
1.
DEMURRER
1. In paragraph 6 of Plaintiff's Complaint, Plaintiff
avers that notice to remove from the premises was given to
Defendant in accordance with law.
2. A copy of that Notice, which Plaintiff failed to attach
to his Complaint, is attached hereto as Exhibit A and
incorporated herein by reference.
3. The Notice, dated and served July 17, 1995, informed the
defendant that he was to "vacate the premises at 1408 Trindle
Road, Carlisle, Pennsylvania, within thirty days from the date of
service for expiration of the term of his oral lease on July 31,
1995." See Exhibit A.
4. Pursuant to Merger:.J:;,cwnty ~Jl!':j !;:~l!.uraJ~.Soc i ety v.
Ba~~har~~, 313 Pa. Super 206, 459 A.2d 811 (19831, a landlord may
serve a notice to qUlt mid-term, but it is not effective to end a
tenancy until the end of the next full term, WhlCh in this case
was August 31, 1995.
5. Plaintiff commenced eviction proceedings before the
district justice on August 22, 1995, prior to the end of the
lease term. A copy of the Landlord and Tenant Complaint, filed
before District Justice Susan K. Day, is attached hereto as
Exhibit B and incorporated herein by reference.
6. Because Plaintiff commenced eviction proceedings prior
to the end of the lease term, Plaintiff's complaint fails to
state a claim upon which relief can be granted.
2.
LACK OF SUBJECT MATTER JURISDICTION
1. Defendant repeats and incorporates by reference his
averments set forth above in paragraphs 1 - 6.
8. Because Plaintiff commenced eviction proceedings prior
to the end of the lease term, the district justice could not, and
this court cannot, properly assume jurisdiction.
WHEREFORE, Defendant requests that Plaintiff's Complaint be
dismissed.
(;. . Il tv... -\i?~~,L-'''''' ~
Jan Muller-Peterson
Attorney for Defendant
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, Pa 17013
(717) 243-9400
r
(-
W A 'f'NE F. SHADE
ATTORNEY ATlA\\'
n WEST rmIFRf.T STKf.ET
C,\RI.ISI.E.I'ENNSYI.\'ANI,\ 17111.\
(717) 24~41220
(KilO) 24.\.0220
FA" (717)249-0017
,July 17, 1995
Mr. Robert Sampson
1408 Trindle Road
Carlisle, Pennsylvania
17013
Dear Mr. Sampson:
This will introduce the undersigned as attorney for Nelson
L. Minich.
This Notice to Quit in accordance with the provisions of 68
P.S. 5250.501 is to notify you to vacate the premises at 1408
Trindle Road, Carlisle, Pennsylvaniar within thirty days from the
date of service hereof for expiration of the term of your oral
lease on July 31, 1995.
In serving this Notice, we do not concede that there is a
landlord and tenant relationship between Mr. Minich and yourself.
Very truly yoursr
$~E~
Wayne F. Shade
WFs/ct
cc: Jane MUller-Petersonr Esquire
EXHIBIT A
. COMMUNWEAl.1l1 ur I'U~NUYLVt"" '\
CUlINI YOI': Cl!MI!-'W I ,/11111 \
.
.
, NULUIIU I\NU
TEI",ANT COMPLAINT
I'lAIrWrf
,- HR. NELSON L. HiNYtlT1...nr.o
730 NORTII COLLEGE ST.
CARLISLE PA 17013
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SUSAN K. II/1Y
:.!2!l MII.I. SIIII\F:Elllr nOK 167
M'I'. 1l01.LY SI'I\ltItlS, PA
V5.
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"~I"'" (717)106-7672
OCrENOAtH:
I NAUE ~t~JlI.""!I
- ROBERT SAMPSON
1408 TRINDLE RD
CARLISLE PA 17013
L
17065
"(ASf nfIIVfIlWlII..rM ....1'-''18
Dockel Nu,: LT- -95
Uolo 1'11011: 8-22-95
10 lIlE IJErENIlAIH: llin lIhllvllllOmlllll'lahllill(s)
a~hs l.ulUllltllIllllUnllilll willll:usls /luaillsl YUIlIIII
1liol'lISsl!sslllllllllOulI JllIpolly 1111I1111I:
All JlJ' II II
$ 49.50
$ 17.50
$ _.6.1.....00..
I'lIillu CuslS
SOIvlco CUSls
TollIl
[J UiIIl1il!Jn~ hllllljlllY lllllio leilll'llJl'U1ly, 10 wi!: DAMAGE TO OVEN AND STOVE THAT REQUlRF.n
PROFESSIONAL CLEANING hlllio allllllllllll': $ 80.00
o DillIIO!leS 1m 1110 IIl1jllslllolenllun uf 1110 lUul proporly In 1110 llllluunl 01
~ nenl remillnlnu Iluo amI unpllllJ unlilln!! lIale In 1110 amounl uf
Ii] Am.! m.lllillunol,enl remolnin!J lIuo ami unpalu onllealln!l uato
$
$ 630.00
$ 300.00
11 IE PLAINfll'F FUIlTllEn ALLEGES lIfAT:
Tutnl: $_1...010.00
1.1110 IClI:allllll nlll"lIo mllhoss, il IIIIY. ollho '001 p'opelty Is: 1408 TRINDLE RD.. CARLISLE PA 17013
2. Tho I'luillllll Is Iho lalllllolll 011 hili p'ol'elly. \
3.110 luasoulll I 0111 lltl tllo I'lUl'olly 10 you or In IInller whnm YOIl clillnl.
4. l!J Nlllleo 10 lomuvo was ulvellln ur.corllanco wilh lawl or
o No nolleo is ,olluirod unllor Iho terms ollhe lease.
5. l:illllD 101111 IUI'whlch Ihe prOp81ly was loasod 0; renleuls lully enuool or
o A lurlllillllO has IOslIlIod hy 10aSOlllll II hleoch ollhe cOllulllolls ul Iho loaso, to wi!:
Iii nonlIIlSOlvod nnd Ilue has, "I Kill demand, remallledllnsalisli81l.
,
Ii, YlllllI!llIllllho leal plOpe.ly nm'le'"se 10 Ulvo up Us possession,
.
1. NEI,.SQN.k ,./URICH velily Ihallho IlIcls sollllllh In Ihis wlllplilinl
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NELSON L. MINICH,
Plaintiff
ROBERT SAMPSON,
Defendant
NO. 95-5246 CIVIL TERM
CERTIFICATE OF SERVICE
I, Jane Muller-Peterson, hereby certify that a true and
correct copy of the Defendant's Preliminary Objections to
Plaintiff's Complaint, in the above-captioned matter was duly
served upon Wayne Shade, counsel for Plaintiff, by depositing it
in the U.S. Mail, first-class, on October 30, 1995, addressed as
follows:
Wayne F. Shade
5 South Hanover Street
Carlisle, PA 17013
I hereby verify that the statements made in the foregoing
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa, C.S. 64904, relating
to unsworn falsification to authorities.
Date:&rXt'Aul 3D, 1C/1 r:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-5246 CIVIL TERM
NELSON L. MINICHr
Plaintiff
ROBERT SAMPSON I
Defendant
JURY TRIAL DEMANDED
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 the pleadings and Notice are
served, 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 pleadings or for any other
claim of 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 FINO OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone: (717) 240-6200
wa{~sCeffi,1L
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
WAYIIE F. SHADE
A""",,, II Low
IlW"'_"'_
c....., _y"_
1701l
~
7.
It is indisputable that the term of the lease under which
Defendant claims a right to possession has expired.
8.
Defendant retains possession of the subject premises and
refuses to remove himself from the property.
9.
Plaintiff claims rent remaining due and unpaid as of the
date of filing of this Complaint in the amount of $1,230 and
whatever additional rent shall remain due and unpaid until
Defendant removes himself from the subject premises.
10.
Plaintiff avers that the conduct of Oefendant in remaining
in the subject premises and in filing an appeal from the judgment
for possession and money damages is dilatory, obdurate and
vexatious in that Defendant has no reasonable likelihood of
success.
WHEREFORE, Plaintiff demands judgment against Defendant for
possession, unpaid rents, legal interest and counsel fees.
way(t{~a~e
supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
WAYNE F. SHADE
A-,.........
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The statements in the foregoing Complaint are based upon
information which has been assembled by my attorney in this
litigation. The language of the statements is not my own. I
have read the statements; and to the extent that they are based
upon information which I have given to my counsel, they are true
and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the
penalties of l8 Pa.C.S. 54904 relating to unsworn falsification
to authorities.
Date: October 6 , 1995
~ P~~;-L
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W A Ylfl! F. SHADE
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMK'AINT
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(ThiS prool 01 serv,ee MUST BE FILED WI THIN TEN I TO) VA YS AF TEl! I,I,ng rhe nOI,ce 01 appeoll Chec~ appl,eable bo.es)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; II
AFFIDAVIT: I hereby swear or affirm thai I served
o a copy of the Not,ee 01 Appeal. Common Pleas No ___,...___.__..__ "pon Iho Dlslrlct Jusflce deslgnaled there'n on
(dale 01 servIce) .19_. 0 by personal ser....lce 0 by (CertIfied) (registered) mall, sender's
receipt attached hereto. and upon the appellee. (name) ______ . on
. 19 n by personal service 0 by (certd1cd) lreglstered) mall, sender's receIpt attached hereto
o and lurther that I served the Rule to File a Cornpla.nl accornp..ny",g Ihe ahove NollCe of Appeal upon the appellee(s) to whom
the Rule was addressed on 19_._~ 0 l1y personal ser....lce 0 by (certified) (registered)
mad. sender's receipt attached hereto
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS
DAY OF
,19_
SIgnature 01 alllanr
5.gnol/,.'6 t" Oll'Cd: te'Olfi Iolo~t'm ,,11,dd~,' .....\ r>:dO('
T,/le 0' a",cldl
My commiSSion eJllplfes on
. 19_.
NELSON L. MINICH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
ROBERT SAMPSON,
Defendant
NO. 95-5.;)44 CIVIL TERM
!fJ:IPAYJ.I .JJi ~,U~e.oRLOLEHlTION
E.QR LE~YE..TQ p~OGE~P._I N_-"-ORM~_E.A_UPERIS
1. I am the defendant in the above matter and because of my
financial condition am unable to pay the fees and costs of this
action.
2. I am unable to obtain funds from anyone, including my
family and associates. to pay the costs of litigation.
3. I represent that the information below relating to my
ability to pay the fees and costs is true and correct.
( a ) Name:
.. RQ~e rt _Sl!.m.Q~Qn._.
Address:
,J 4.QiLT Line:! 1e ,_ Rg .
"., ._. _C.9.rUsJeLPA 11Qt3_
Social Security Number:
195-38-:,8.3JL _
(b) If you are presently employed, state
Employer:
Golde.n Corral
Address:
Carlisle Pike
M8.chan lcsburg, PA 17Q5.5
Salary or wages per month:
$260.00
Type of work: Cook
If yOU are prese"t1y unpmployed, state
(e) Property owned
Cash: ___'n_ __$.0.0.0_____0. _'__.____________
Check i ng Account: ____ $8_0..90_ _________'n_____'_
SaVings Account: ,$0.0.0____ ____________,__,__
Cert i ficates of Deposi t: ,_ _~L~,___,____'n___________,_
Real Estate (including home): _~jA__n__________
Motor vehicle: Make _.NL~__ Year ___n
Cost
Stocks; bonds: ______,...__N./.An
Other: _n_h_ ____,_ JU~_
Amount owed
-------'- ---'--+--~-.~+-_._..-
_."----" ----------------.-
(f) Debts and obligations
Mortgage: ___NJA___________,
Rent :___nnn _____ ..!.300....90/month__________
Loans: _ _J~j.A_,_n.___,__ _ ________,
Mont h 1 y Ex penses :__GroJ:ElLi e,~_t.-l.Q.Q.,..Q_O; E 1 eC,t r i c $102. OO~_
Te ~!l9nE!J40-'_Q.Q.;,_G~s__f.Qr_C.!!L_U9Q.,Q.Q.; I nsu rance for__
c!!r.!~5",Q.9; TV cabl!L$~4,o.o.;_Misc.__expenses ~Q....OQ____
(g) Persons dependent upon you for support
(Wife) (Husband) Name: -,-~/!\--_u____________n_n_'_
Chi ldren, 1f any:
Name :_.)Qshua_s.!"I!lP_~QI}_ Age :_,.1::JrJ~_._
4. I understand that I have a cont,nulng obligation to
inform the court of improvement in my financlal circumstances
which would permit me to pay the costs lncurred here1n.
5. I verify that the statements made 1n this affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. 4904, relating to
unsworn falsification to authorities.
Date:tJ ~i - c;s- -pt;?l4J1]/~
R:::rt 7 Sampson, ~i#;n~a~t .-C:
MINICH,
Plaintiff
VS.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 5J4~CIVIL 1995
ROBERT SAMPSON,
Defendant
AFFIDAVIT
1. I, Robert Sampson, am the Defendant in the above-
captioned action, which is an appeal from a judgment rendered by
District Justice Susan K. Day on September 5, 1995, awarding the
Plaintiff possession of the house in which I reside.
2. The rent for my house, located at 1408 Trindle Road,
Carlisle, Cumberland County, Pennsylvania 17013, is $300.00 per
month, and becomes due on the first day of each month.
3. I verify that the statements made in this Affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa, C.S. S4904, relating to
unsworn falsification to authorities.
Date: /O~/1... - tdS--
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. 0 ert Sampson, Defendant
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(Th,s proal 01 service MUST BE FILED WITHIN TEN 110) DA YS AFTER Io/ong Ihe noloce 01 appeal Chock applicable bo.e.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
; II
AFFIDAVIT: I hereby sweor or affirm that I served
Il!I a copy of the Not,ce 01 Appeal, Common Pleas No 95-5246 ,upon the DIstrict Jushce designated therein on
(dara 01 serv,ce) October 3 ,19~. 0 by personal serv,ce IJI by (certified) (registered) mail, sender's
receipt allached hereto, and upon the appellee, (nam.) Ne IHon I.. Minich ,on
October 3, ',19 95 n by personal serv,ce iii by (cert,l,ed) (regIstered) mall, sender's receIpt allached hereto
iii and further that I served the Rule to File a Complil",1 accompillly'ng the above NotIce 01 Appeal upon theappellee(s) towhom
the Rule was addressed on October 3 ..__, 19_~ 0 by personal service Gl by (cerhfled) (registered)
mail, sender's receipt attached hereto
My commisSion eJl:pues on
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(. SIgn.tur. 01 ,ff,anl
[ awear or affirm that the facts set forth
In this "ffldiOvit are true and correct to
the best of my knowled~e. information and
belief. This statement is made subiect to
the penalties of 18 Po. C.S. Section 4904
relating to unsworn falsification to
authorit les.
,-~_Jh-
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF ,19_
S'gnllhJfe 0' olllclal befo'8 whom ."Id~,,,r *dS made
T,U. 01 O"ICI.I
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. ~;T HotT;Y"~P'RIN(:S PA 17065
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
NELSON L. MINICH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-5246 CIVIL TERM
ROBERT SAMPSON,
Defendant
.
.
.
.
JURY TRIAL DEMANDED
1. The matters to be argued are Defendantls Preliminary
Objections and Plaintiffls Preliminary Objections and Answer to
the Preliminary Objections of Defendant.
2, The following counsel will argue the case for the
indicated parties:
(a) Wayne F. Shader Esquire, for Plaintiff
(b) Jane Muller-Petersonr Esquire, for Defendant
3. All parties will be notified in writing within two days
that this case has been listed for argument.
4. Judge Bayley has heard testimony in related proceedings.
Date: November 13, 1995
~F~
Wayne . Shade
Attorney for Plaintiff
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NELSON L. MINICHI
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTYl PENNSYLVANIA
V.
ROBERT SAMPSON,
DEFENDANT
95-5246 CIVIL TERM
BEFORE BAYLEY. J. AND HESS. J.
ORDER OF COURT
AND NOW, this 29th day of January, 19961 the preliminary objections of
defendant to plaintiff's complaint, ARE DISMISSED.
BY}.heco~ <;
, ;,
Wayne F. Shade, Esquire
For Plaintiff
- c..~ '),";"..c.<t, 1/3C/%.
..&.1'.
Jane Muller-Petersonl Esquire
For Defendant
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NELSON L. MINICH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-5246 CIVIL TERM
v.
ROBERT SAMPSON,
Defendant
JURY TRIAL DEMANDED
ORDER OF COURT
AND NOW, this ~ day of FebruarYr 1996, upon
consideration of the within Motion of Wayne F. Shader Esquirer
attorney for Plaintiff NELSON L. MINICHr a Rule is issued upon
Defendant to show cause why the Supersedeas in the above-
captioned matter should not be terminated and Plaintiff granted
immediate possession of the premises known and numbered as 1408
Trindle Road, Carlisler Cumberland County, Pennsylvania 17013r
with improvements thereon erected as well as all rent monies held
~ ./eA--urIl\.(..kU (0 r{t~J ~J.p-
by the Prothonotary.
>2.vV1 ~
By the Court" /. . .-'
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Edgar B. Bayley, J.
Wayne F. Shade, Esquire
Attorney for Plaintiff
~Q.. ~..c.,t
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Jane Muller-Peterson, Esquire
Attorney for Defendant
WAYIIE F. SHADe
A_ II Law
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-
4.
On October 2, 1995, Defendant filed a timely appeal as
above-captioned.
5.
In accordance with the provisions of Cumberland County Rule
of Civil Procedure 357, Defendant was required to deposit all
rental payments coming due during the disposition of the appeal
with the Prothonotary.
6,
Defendant deposited the monthly rent in the amount of $300
on October 2, 1995r with the filing of his appeal.
7.
Defendant made a second deposit in the amount of $300 on
November 1, 1995.
8.
Defendant has made no deposits for rent since November 1,
1995, and is, therefore, delinquent for December of 1995 and
January and February of 1996 in addition to the rent and costs
which were awarded by the District Justice.
WHEREFORE, Plaintiff respectfully requests that your
Honorable Court terminate the Supersedeas and grant immediate
possession of the premises known and numbered as 1408 Trindle
Road, Carlisle, Cumberland County, Pennsylvania 17013, with
-2-
improvements thereon erected as well as all rent monies held by
the Prothonotary.
Date: February 12, 1996
Respectfully submitted,
td~ r~
waynelF. Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
WAYJoll! F. SHAD!!
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NBLSON L. MINICH,
Plaintiff
IN THB COURT OF COMMON PLBAS OF
CUMBBRLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-5246 CIVIL TERM
VS.
ROBERT SAMPSON,
Defendant
ANSWBR
1. Admitted
2. Admitted
3 . Admitted
4. Admitted
5. Admi t tad
6. Admitted
7. Admitted that the lease, which was month to month, has
expired. The defendant neither admits nor denies whether this is
disputable, as that is an opinion or conclusion of law which
requires no responsive pleading.
8. Admitted that the defendant retains possession of the
subject premises and that he has refused to remove himself from
the property. The defendant further responds that he is actively
seeking other housing and expects to move this month.
9. Denied that the rent remaining due and unpaid at the
time the plaintiff filed his complaint was $1,230.00. This
figure does not reduce rent due for periods when the landlord
locked the tenant out of the apartment and does not take into
consideration the damages the landlord caused the tenant while
pursuing an illegal self-help eviction as more fully pled below
in New Matter and Counterclaim.
10. The defendant denies that his conduct in filing an
appeal from the judgment for possession and monetary damages is
dilatory, obdurate and vexatious in that the defendant has a
reasonable likelihood of success as to his claim that the
district justice's monetary award is excessive.
NEW HATTER
11. In January of 1995, the defendant and the plaintiff
entered into an oral lease for the rental of the premises located
at 1408 Trindle Road. The plaintiff agreed to accept the
defendant as a tenant if he paid the $300.00 monthly rate and a
past due amount from the tenant he was replacing in the amount of
$50.00, which he did.
12. Defendant Robert Sampson joined Lenny Hartman, a tenant
already there when he moved in, and the two men resided in the
rental premises with the defendant's seven-year-old child.
13. On or about April 1995, defendant Robert Sampson told
the plaintiff that he would be away for several months and
obtained his agreement that his estranged wife Linda Sampson
would move in to preserve his tenancy and to care for his seven-
year-old son while he was away.
14. Because of his embarrassment that he was leaving to
serve a jail sentence, the defendant told the landlord that he
was going to a job training program.
15. The tenants remained current in rent until June, when
they failed to pay $30.00 of the June rent payment.
16. Linda Sampson, the defendant's estranged wife, informed
the defendant in late June that Lenny Hartman was drinking and
messing up the premises.
17. Defendant thereupon asked for early release to deal
with the problem and also called the landlord to request that he
evict Lenny Hartman.
18. On July 3, 1995, the plaintiff notified the defendant's
mother and Linda Sampson that he wanted all the tenants out and
that the premises had to be vacated on July 15, 1995.
19. On that same date, he further told them that if he did
not receive rent for half of July and the $30.00 owing from June,
a total of $180.00, he would put the household belongings
outside.
20. On or about July 8, 1995, the plaintiff removed from
the residence the majority of the defendant's belongings and
placed them outside. In addition, the locks to the residence
were changed, thereby preventing the defendant, Linda Sampson,
their minor child, or Lenny Hartman from entering the residence.
21. On July 10, 1995, when the defendant was granted early
release because of the problems at his residence, he returned to
the residence and saw his possessions outside. He contacted the
landlord, and learned that the rent payment was late.
22. He informed the landlord that he wished to stay.
23. The defendant was able to pay the plaintiff the overdue
rent.
24. The plaintiff informed the defendant Robert Sampson
that he could not stay and that he would have to remove the rest
of his belongings, which included appliances, by July 15, 1995.
He further informed him that another tenant had been promised the
residence.
25. On July 11, 1995, defendant Robert Sampson informed the
plaintiff through his counsel, that he intended to go into court
to obtain injunctive relief on the next day if he were not
allowed into the residence.
26. On July 12, 1995, the court granted defendant Robert
Sampson a preliminary injunction requiring that the plaintiff
immediately move the defendant's property back into the rental
premises and enjoining him from depriving the defendant of access
to the premises.
27. On July 13, 1995, the defendant delivered to the
plaintiff a check in the amount of the overdue rent, $330.00, the
entire sum due.
28. On July 13, 1995, after having been served with the
Court Order of July 12, 1995, the plaintiff refused to leave a
key to the premises with his lawyer, and he further refused to
inform the defendant or his counsel as to when or where a key
could be obtained.
29. Despite the Court Order of July 12, 1995, the plaintiff
refused to return the defendant Robert sampson's property to the
residence, but rather, left it outside under a carport.
30. The plaintiff was not available or did not answer the
phone when the defendant called him.
31. After entry of a second Court Order on July 17, 1995,
the plaintiff returned the defendant's property to the residence,
and provided him and his son access to the residence.
32. Because of the lockout, the defendant missed three days
of work.
33. Because of the lockout, the defendant had to commute to
Dillsburg to sleep on the floor.
34. During the days the defendant's property was outside,
the following items of which he is the sole owner, were stolen
or damaged beyond repair:
a. new telephone with answering machine '165.00
b. train telephone bought for his son '80.00
c. chandelier wedding gift $300.00
d. 100 piece socket set $99.00
e. Armchair $592.00
35. The defendant does not owe the amount of the rent
claimed due by the plaintiff because the plaintiff denied the
defendant access to the premises from July 8 to July 17, a
portion of the periOd for which he is now demanding rent.
36. The defendant does not owe the amount of the rent
claimed due because the plaintiff landlord caused damages to his
property in the amount of $1236.00.
37. The defendant does not owe the amount of the rent
claimed due because the plaintiff landlord, by locking the tenant
out, caused him to lose work and to incur additional commuting
expenses in the amount of $161.00.
COUNTERCLAIM
Count One
Self-Help Eviction
38. The allegations of paragraphs one through 37 of this
Answer and New Matter are incorporated herein by reference.
39. The Plaintiff's actions constitute a trespass and self-
help eviction, in violation of Pennsylvania law and public policy
embodied in, inter alia, the Landlord and Tenant Act of 1951, 68
P.S. 6250.101 et seq.
40. The plaintiff's actions were intentional, willful,
wanton, reckless, evil, and outrageous and perpetrated with a
total disregard for the laws of this Commonwealth and the
original Order of this Court, thus entitling the defendant to an
award of punitive damages.
WHEREFORE, defendant prays that the court:
a} declare that the plaintiff's actions were illegal and
constituted a self-help eviction, in violation of state law.
b} award the defendant damages for the injuries he suffered
as a result of the plaintiff's illegal actions, including but not
limited to: $1236.00 for stolen or damaged property, $136.00 for
3 days of missed work, $25.00 for commuting to Dillsburg and
back, and $1,500 for humiliation, anguish and personal distress;
c} award the defendant $1,500.00 for the plaintiff's
breach of the covenant of quiet enjoyment;
d} award the defendant punitive damages;
e} order the plaintiff to pay the defendant's attorney's
fees; and
g} grant such other relief as may be just.
Count Two
Violation of Consumer Protection Law
41. The allegations of paragraphs one through forty are
incorporated herein by reference.
42. The transaction between the parties involved "trade"
and "commerce," as those terms are used in the Unfair Trade
Practices and Consumer Protection Law, 73 P.S. 6201-2(3}.
43. The plaintiff's actions constitute unfair or deceptive
acts or practices as defined by 73 P.S. 6201 and 37 Pa.
Code 6303.3.
WHEREFORE, the defendant prays that the court:
a} award him all the damages prayed for in Count One of this
Complaint;
b} award him, under 73 P.S. 6201-9.2, triple the amount of
the damages he has suffered;
c} grant such other relief as may be just.
Count Three
Intentional Infliction of Emotional Distress
44. The allegations of paragraphs one through forty-three
are incorporated herein by reference.
45. The plaintiff intentionally did the wrongful acts
enumerated above with a reckless disregard of the consequences
and a mind regardless of social duty.
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NELSON L. HINICH,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-5246 CIVIL TERM
ROBERT SAMPSON,
Defendant
JURY TRIAL DEMANDED
MUTUAL RELEASE
THIS AGREEMENT, made this 5th of
March
, 1996,
between NELSON L. MINICH of 370 South Middlesex Road, Carlisle,
Pennsylvania 17013 (hereinafter referenced as "Minich")
AND
ROBERT SAMPSON of 1408 Trindle Road, Carlisle, Cumberland County,
Pennsylvania 17013 (hereinafter referenced as "Sampson").
WITNESSETH:
WHEREAS, the parties hereto have instituted civil
proceedings against each other in the Court of Common Pleas of
Cumberland County, Pennsylvania, docketed, respectively to No.
95-5246 civil and No. 95-3713 Equity arising from an alleged
Landlord and Tenant relationship; and
WHEREAS, both parties wish to resolve their disputes and
release and forever discharge each other from all claims against
each other in satisfaction of all such claims.
NOW, THEREFORE, the parties hereto, intending to bind
themselves and their respective heirs, executors, administrators,
successors and assigns, do hereby covenant and agree, as follows:
1. The funds deposited with the Prothonotary of Cumberland
:-....
County, Pennsylvania, by Sampson at No. 95-5246 Civil on account ~~ ~
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of rent shall be released to Wayne F. Shade, Esquire, Attorney \' l
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L\.:~1'
.
for Minich, in full satisfaction of all claims of Hinich for
rent.
2. This Release may be filed at No. 95-5246 civil and
constitute a stipulation for the release of all funds held by the
Prothonotary of Cumberland County, Pennsylvania, in that case to
counsel for Minich.
3. By execution of this Mutual Release, the parties hereto
direct their respective counsel to mark the respective cases in
which they are Plaintiffs .Settled and Discontinued" with
prejudice.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and date first above written.
WITNESS:
t(Jny"'€ F~
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