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Home My WebLink About96-02063 " J JI \:: \ \ J J If) --.) t\ " .- C_WIAIT" ':" ""NIYLYANIA --'cOliiioi"CoMMON'LiAi NOTICE O' APPEAL fllOM JUDICIAL DlltllCY DISTRICT JUSTICE JUDGMENT &Itd in Prothy's Office 4-16-96 COMMON'LlA,H.. 96-2063 Civil Term NOTICE Of APPEAL Nolie. i. gi..... that tho appellant ha. filed in the above Court of Common Plea. on appeal 'rom the judgment rendered by the Di.trict Ju.tic. an tho date and In tho co.. mentionod bel"", ~_1....,.P..~.!nJn...,__ (H'1 [ M;;G 'O"fNO /jHJ.Ml?JI br n, - -, _.u'_u______ CIHlrt,~,~ A" (;1J!m~-ru....Jr.lfCOOl NAMA! Of' .AnlLLANT . 62~~ket, StreetL.:r;l.!'J.hfJ.g,QC-,.,u. ,_ ,,_, DATI NY 1"...Axl.1!' (Prlll'llll'J C' It' .llr S opner 4-9-96 ___.. l'ilULY'._u,;'ill!>llilll, . CUlM NO . !'{I.. .._m ,.,. , ....__..__ll041._ , I IOI,I,nJ.lfll! L. UurninN Poul V. Gougdnn . [>k;...o!.ioIbf.A"'~f~\fJ'1i.t" 61'lLJr'!';IDllllfl.Q!fClll."-B' i ti . J:If....L..;,' (~.., 1 P '. r gnn . CV 19 LT-140-96 (OOILon!l Legol ~ervlceH. Tnl' (7/?);}~/-'i.y_ LT 19 96 LT-140-96 8 [rvlne How, Cnrllsle P^ 17013 TM block will be signed ONLY when thi, no';'~~i;-r.q~i;;d~nd"; P~R.c.P,JP, Ne> -" appel/an/was CLAiMiINT(see Pa:FiG.P.Jp, No, 10081. Thi. Nolie. of Appeal, when received by the Di,triet Ju,tic., WIll operot. 00 0 100 1(6) m action belore District Justice, he MUST SUPERSEDEAS to the judgment for pa..e..ian in .hi, cooe. FILE A COMPLAINT within twenty (20) days alter filing his NOTICE 01 APPEAL .J.J!IlH?YPC ~--~-'Sli;nijiim: o;-Pr~Jihc:;noiil-'-Y-()' D!.IJlllty.- -.-.---.-----.-.----. ---.--.. ..---. ---- --.--'--U-PRAECIPfTOENTiIiRULE TO FILE C ~Mpi.AINT AND RULt To,-iLI- (Th~ section 01 lorm to ,.., used ONLY when appellilnt w,'" DEFENDANT (5,'" Pil. n.cPJp No. /001(7) In action betom Dlsltiet Justice, IF NOT USED, detach Iro/'n copy 01 nO/Ice 01 ,1pfJOlll /0 be served upon ilw"'/ee) PRAICIPE. To Prothonotary Enter IUle upon .________.._,_..__, Nllmrt fil d~~)dh!I'h} ______ , oppelleel'l, to file a complaint in 1f1i. CIpIMIOI ICommon PIoa. No. ____I within twenty 120) doy' after ,ervie.. of ruio or .uffer entry of judgment of non praoL SllJIloturo 01 8f:J'Bllant Of filS alb7My a .. RUlli To MYne 0' nppollol.:>( 5) ,_ ._._,__..___ , appelleei'), (1) You ant notified that a rule i, h....by entored upon you to fil. 0 complaint in thi, oppeal within two-nty (201 day, after tho date of servlc. of this rule upon you by p<<sonol servic:e or by certified or registered moil. (21 W you do not file a comploint within thi, time, 0 JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOO, " I~ t (31 The date of ..rTe of thi, rule if ,orvico wo, by moil i, the dot.. of mailing. Date:_ ,19,_, 51_ 01 _....... Dr ~ AOPC J Lil." -. ~ ~ In j l,'. I ",,' (;, I::' .,-..~ ( , Q.. , , " t.L ....:; r I, I ~ f" I , '-61' uo I8Jld'lf1 UOIIIIWWOO AW ,II/0lJJO,lJ.W.J. OPIfW 1"M jl,lIIp'/JlIlw]'JM om/fl'II',1'1I0 jO .jf1jllU"'S 'U'm' 10 emlruts,s --6\" ~O AIIO 9tH.!. 3~ 31:l0nS 03SII:lOSSnS O~'" (03~1:l1~~II) NI:lOMS O,aJ9lj pa4:)un9 ld!o:JOJ s,Jepuas 'lIew (poJolsIBo,) (POIIIUO') Aq 0 oOl^,osloUOSJod Aq 0 '---'6\ ' UO pOSSOJppO SUM 0101:l041 W04M 01 (sleelleddu 041 uodo ,.0ddll)0 0~110N O^oq. .415utAuoduJOooe IUlo,dwoo P. O,,~ 01 oloU 041 POMOS I '"'II J04UOI pu. 0 01.J04 P040'1I01d,ooOJ S,JOpu.s '"OW (poJolsIBoJ) (POII'I'O') Aq 0 OOl^J.. ,ounslod Aq cr---6\ ' uo ,-----, --'-'-- (.wou) 'OOlloddu 041 uodo puu '010'04 P.4~'1I'ldl"O.J S,lOpUOS '''uw (pOJOls,BOJ) (pO'IIIJO~) Aq 0 OOl^,OS louos,od Aq 0 '-6\ ' ('O!M89 10 'Iopl uo U,O'041 po,"uB,sop 0~!IS0r 1~"IS'a 041 uodo' --------. ON soold UOWUIOO 'Io.dd", 10 OOlION 04110 Adoo. 0 '.",r... :J.IAVG..w " ~ou~ YIN',^'AINNI<tI '"' IUW'.~H~D~ '. -, .~' (...oq ./qoOl/dde ~~r4:) /o.dd% OJ,JOu 01/1 6011'/ !I1U'! SA '!O lOll Nl1 NIHlIM 031/i 38 lsnw 80M'" 10 100Jd "IIU,,)'i,\ .LNIY1dWO:l 311:1 0.1 31m' ONY lY3ddY :10 301.10N :10 301M'U .:to :lOOWd ~,) . l"E'l-~ ',,, , "~j .... o\j d'.. - \0 i~ " , ..} PO^'O. I 1041 WJ!lIO JO ..eMS AqoJe4 I II ~ ""',' v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- ,).r1ft.:s CIVI L TERM CHRISTOPHER DURNING, Plaintiff/Appellant PAUL V. GAUGHAN, Defendant/Appellee PAUL V. GAUGHAN, Plaintiff/Appellee IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-)6(';,3 CIVIL TERM CHRISTOPHER DURNING, Defendant/Appellant PIV\r;:qpF; J'O, pRQCEEIl lti,fQRMA PJ\.UPERH To the Prothonotary: Kindly allow, ChrlS Durning, Appellant, to proceed t~ iQxm~ P<!lI.P ex is. I, Philip C. Briganti, attorney for the party proceeding in iQr,ffi!l. P<1IJJ'p,erj,s, certify thi'lt I believe the party is unable to pay the costs and that r am providing free legal services to the party, The party's affidavit showing inability t.o pay the costs of litigation is attached hereto. " A{"(/!h- 1k~, Philip ~. Briga i Attorney for AI,' elIant LEGAL SERVICES, INC, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 CHRISTOPHER DURNING, Plaintiff/Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 96- CIVIL TERM PAUL V. GAUGHAN, Defendant/Appellee PAUL V. GAUGHAN, Plaintiff/Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 96- CIVIL TERM CHRISTOPHER DURNING, Defendant/Appellant bFFH>A.\[lT.JNSUpPQR'l' OF, PE'rJ'UON FOR LEAVJ;:,TQ PROCE,EO IN FORMA PAUPERH 1. I am the appellant in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 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 :Clujs. Durni ng Address: 6:;!4. Market StreElt, IS,tF'lQqr ~emoyne, PA 17043 Social Security Number: 409-QQ-:.H12, If you are presently employed, state Employer: Subway Address: Derry S.t reet Harr H,burg, pA Salary or wages per month: $542,00 Type of work: sandwich maker/prep (b) I ( c) If you are presently unemployed, state Date of last employment: ,r!UL. .. H' ,______.___,.___ Salary or wages per month: . NIA .____.,____,.,..'..,.._,-. Type of work: , 1;11 A, _,_ __.____.._,__....__ Other income within the past twelve months Business or profession: $l1,,900l,APP,le);>e.!!_'_~ax.i.en!i,ly.~ Other seli-employment: None, __,__..,.......___._,_ Interest: None_._,_..,___..__.....____...____ D j,v idends: None,__,_,_ ,_._,_.__ ___..,_ Pension and annuities: Nc:>ne ._.____.......,.._._.,_.._,_,_,.__ Social Securl t y benef its: None _....______,_______ support payments: None ..______..______,___ Disabllity payments: NOne "________._,._ Unemployment compensation and supplemental benefits: None Workman's compensation: None Public Assistance: Non"! Other: .._N(me (d) Other contribut20ns to household support (Wife (Husband) Name: None If your (husband) (wife) is employed, state ElTployer: NIA Salary or wages per month: N/A Type of work: N/A Contributions from children: (d) Property owned NIA _, Cash: - $4,00 Checking Account: None --.-1"----.--- Savings Account: $25,00, ~,- i '," ':, " I')' I I::' " I , (~' " ' ,11 Ll. , , " , ' , . 1_,.........._. COM",ONWEALTH OF PENNSYLVANIA ___COUNTY OF: CUMBERLAND ~ I~OOoL'" 09-1-01 NOTICE OF JUDGMENT/TRANSCRIPT I PlAINTl": NAIll""" AllDAfBl roURNING, CHRISTOPHER L. 624 MARKET STREET 1ST FLOOR ~EMOYNE, PA 17043 V8. OE'ENOANT: ....... """ AOOIlEll8 raAUGHAN, PAUL V. 511 GEARY AVENUE 'NEW CUMBERLAND, PA 17070 L OocketNo.: LT-0000140-96 Date Flied: 4/02/96 CROSS COMPLAINT 001 OJ NIIM: Han CHARLES A. CLEMENT, JR. -, 1106 CARLISLE ROAD CAMP HILL, PA '.. .'. . r-..n., (717) 761,.494.0 1701.1 ,,' I.'. ',.:~' ,. ,,.! ' ,. ~. : .I' CHRISTOPHER L. DURNING 624 MARKET STREET 1ST FLOOR LEMOYNE, PA 17043 RESIDENTIAL LEASE THIS IS TO NOTIFY YOU THAT: . Judgment:. ,"" '~',' FOR DEFENDANT 00 Judgment was entered for: (Name) GAUGHAN. PAUL V. I!I Judgment was entered against: (Name) DURN ING , CHR I STOPHER L. Intheamountof$ .00 on: (Date of Judgment) 4/09/96 o Judgment was entered against In a LandlordfTenant action In the amount of $ on (Date 01 Judgment) The amount of rent per month, as established by the District Justice, Is $ o Damages will b8 assessed on: (Date & Time) '\' I', Rent In arrears $ Damages Unjust Detention . $ Damages to Property Rasldentlal Lease: $ Less Amt Due Defendant - $ Amount of Judgment '" $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ ,."\ '0 This caSe dismissed w~hout prejudice, o o o o Levy Is Slayed for days or 0 generally Slayed, o Objection to levy has been flied and hearing will be held: Date: Place: Possession granted, Possession granted If money judgment Is not satisfied by time of eviction, Possession not granted, TOTAL $ Time: ANY PARTY tA,S THE RIGHT TO APPEAL A JUDGMENT INVOL V1NG A RESIDENTIAL LEASE AND AFFECTING THE DELNERY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS OF THE DATE OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONATARY/CLERK OF THE COURT OF COMMON PLEAS, CML DN/SION, ANY PARTY AGGRII!VED BY A JUDGMI!NT 'OR MONEY OR A JUDOMENT INVOLVING A NONRESIDENTIAL LUll MAY APPI!AL WITHIN 30 DAYS 0' I!NTRY 0' THE JUDGMI!NT BY 'fLING A NOTlCI! 0' APPI!AL WITH THI! PROTHONOTAAY/CLI!RKf( TrE COUA~ 0' ~MO S, CIV!1. DIYI I N. 4-9-96 Date ~ ~ . , District JUSllce I cenlfy that this is a tru~o~rect <Jtpy of?-\e 0 inlng the judgment, 4-9-96 Date ~ ~. .. ,DlstrlClJuSlice My commission expires first M'::lnday of January, 2002, SEAL AOI"C 31So!lll .., .J .., .J .00 .00 .00 .00 .00 , ,. 1.1"') ... lf~ , .. UJ~ - , , ~-:: ('1-' Ir:'. , IJ..i .'~: ' ~ <: '-, I I' fie;, ... ,1 , , ii:' " ) .- , ", ( ,_J J 'I COMMONWEAl.TH OF flENN"$VlVANIA --C:OUNTY OF: CUMBERLAND ..... "'" No, NOTICE OF JUDGMENTITRANSCRIPT OJ Name, Mon. PLAINTIFF: ....." ... """""as 'GAUGHAN, PAUL V. 511 GEARY AVENUE NEW CUMBERLAND, PA 17070 L VS. DEFENDANT: ......... AOlJI'l(as 1>URNING, CHRIS 624 MARKET STREET lST FLOOR t!oEMOYNE, PA 17043 Docket No,: LT-0000140-96 Date Flied: 3/25/96 ...J .., 09-1-01 CHARLES A. CLEMENT, JR. Alld_ 1106 CARLISLE ROAD CAMP HILL, PA r_ (717) 761-4940 17011 ...J .., CHRIS DURNING 624 MARKET STREET 1ST FLOOR LEMOYNE, PA 17043 RESIDENTIAL LEASE THIS IS TO NOTIFY YOU THAT: .ludgment: 00 Judgment was entered for: (Name) o Judgment was entered against: (Name) In the amount of $ on: (Date of Judgment) [!] Judgment was entered against DURNING. CHRIS Landlordrrenant action In the amount of $ 6 R 6 . 75 on 4/09 /96 The amount of rent per month, as established by the District Justice, Is $ o Damages will be assessed on: (Date & Time) FOR PLAINTIFF GAUGHAN. PAUL V. Ina (Date of Judgment) Rent In arrears $ Damages Unjust Detention $ Damages to Property Residential Lease : $ Less Amt Due Oefendant - $ Amount of Judgment .. $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ (,r.,; 1'\ o This case dismissed w~hout prejudice, [R] Possession granted, O Possession granted W money judgment Is not satisfied by lime of eviction, o Possasslon not granted, o Levy Is stayed for _ days or 0 generally stayed, o Objection to levy has been flied and hearing will be held: Date: Place: 686.75 75.50 .00 .00 762.25 TOTAL $ Time: ANY PARlY HAS THE RIGHT TO APPEAL A JUDGMENT INVOL V1NG A RESIDENTIAL LEASE AND AFFECTING THE DELNERY OF ROSSESSION OF REAL PROPERlY WITHIN 10 DAYS OF THE DATE OF JUDGMENT BY FlUNG A NOTICE OF APPEAL WITH THE PROTHONA TARYICLERK OF THE COURT OF COMMON PLEAS. CML DMSION. ANY PARTY AGGRievED BY A JUDGMENT 'OR MONEY OR A JUDGMENT INVOLVING A,NOHI:l,ESIDENTIAL LUll MAY APPIEAL WITHIN 30 DAYS 0' ENTRY 0' THE JUDGME~T BY ',UNG A NOnC~C,. AflPYL'WI;rH THI PROTHONOTARY/CLERKO"iHE OURTO' COMMON P "tS CIVIL DIVISION, ~--. " . ',_1_0~ Date iL.' 0(. ;/ , ..;,... .D~trlctJustlce t .. \ ,. ,~ I certify that I,hls Is a true a~co ect copy,of lhe re7<<d '?' l~" p!oceedl~ ' \.h'jiidbment, /._1_'1~ Data _' :) " L" ~(' , ...... blslrlct Justice My commission expires first Monday of January, 2002, .....: ''tr '\:.:.si'AL ", j. AOPC 315-Q8 ....., .; "t". P 575 532 064 us poslal S.",lc. Receipt for Certified Mail No Insurance Coverage Provided, 00 not uso lor lnlernallonal MIlII {$Ol1 reV8r58 5ef"o J"t ice Charles Clem o st. us , l"fMN'E~hisle Rond___ PUlil ICI!. SIBil' & liP COOt70 D Cam !!.ill~ $ PorJllge CllnlliedFeo SpooBlOltll'wllry Fee RealnclOO Oeli~erv FtM ~ ReltJm RecQipt Showmg 10 ... Whom &. Dale Du~lJlred a "",,",Ao:"'Show"l" c( Oete,&Mii' 8 TOTAL . ". ~ 0111 8 u. (j) Q, I 1,- Ii nir P 575 532 lJ6S us P()5tal Se"'h:e Receipt for Certified Mall No Insurance Coverage Provld~, Of) nollJS8 tor Intornalional Mail (SOU revefSlJ SllnllQ .. .. Paul V.... GnU\lhall ~.lr.,ltI.\ Nllmhltr llLilil.a.r,~ P'ltil Q!hce Stale, " liP C0de POltag8 CllrllhedFelJ $poaaJ Dell'ler)l Fee ReIII1c1!Jd O.,lllIlJI)I Fee ~ Return Receipt Showing 10 'Nhom &. Dale Delivered '&. HelUm RIlI;~ ShPtmg 10 Whom, < Oato, S AdlrINN" 8 TOTAL Po ,..~ ~ POlltma E o u.. ~ $ .5:2. 1(; , , I '"1 ,\ ,"J ~) " :~J ,') I " ., u , /", , , ~" ~)-: '1 I ~' .., COMMO_."UH O' '.HHIYLYAN,A CDUI' Of COMMON 'UA. NOTICE Of APPEAL fROM IUDlC'AL D1.tI'CI DISTRICT JUSTICE JUDGMENT ftItd in Prothy'. (Jlt'lw 4-16-% COMIWlON'UASN.. Q6-:l063 Civil Term NOIICI 0' APPIAL Notk. I. giwn thut the appellant ho,. M..d In the uho'll. (fJU,t of (omm,)fl Pl."". un uppltol from The judgment rendered by the Oiltrict Justice on the ..... and In the <0.. montIonod bel.,.. __M~~F 1.. Dllrll111lL {'ill' - _..~. j.MAGDiStNOOA NAM! Of O,J , ...cluLt.1.." A. Clement, Jr. sriJr z.c~ ~'.HlU."l! -J.ttAMlM.. ~ :iLrllllt'I~'A.lfJH'~~";,,,,, r.hrlfltnphltr ~!J1L , l'llll! U. (;lLLIl.:1UlU PA lOti/MOllm; L. 1)1IrllinR ~Ilul V. Gaughan ",j...l1 ,y AP"'''P.~~!i~...D.w::ninll I 'f" 7", r'" I~:r:~:;~ V" Philip C. BriF,Rnti c:v 19 1.1:"11,U-~1l (UU1) llllll r:"~nl ~"rviee9. ine ( 7/7).lL;J- ')~~ LT 19 ~b l.T'.l'iO-'~b II trv/nl! I~ow. Carlisle PA 17013 Thi~"biQ;;~ wi" b. tiyno<l ONLY ",hon Ih" nohlt.UlI" ,."ui,.<1 unde, p" R.cPJ.P, No' ' -'f-aPPellant was CLAIMANT (see Pa, R.C'p,J.P, No, loon Thi. Na'k. 0' "wool, ",hon ..,..,.<1 hy lho DiI"i" Ju,tice, ""II operote o. 0 1001 (6) in action before District Justice, he MUST SLWl!~~DI!AS 10 tho Judgm.nt ,'" po....."" in th.. c",.. FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL LL!U10YU~ ~.L. SIII","'!II' II' hnltlflllu/'IIV III n"IN/ly 'Ulc.,i TO INTll lUll 10 'Ill COMPi.AINTAND irULE TO 'ILE ITh/IJ socllon 0/ ".", If) /I\! "",,,<ION! Y 1'01111,<' ..".,1/11111 1'01"" OUI NC.lI\N' ("CO F'II R,CPJP No, 1001 I 7) .n action be/ore District Justice, IF NOT USeD, (JfJtitch IIINn cq(,y III fltl/lCI! III i1",..H.l1J1 '0 'Hi M'fVl'd upon ilppf!l/ec) 'l"le"l. To PmthollotOlY En... ,ul. upotl NI""tJ 01 ,".)f."If!I'1~1 _ _.,___ , opp.Il..I'I, '0 fil. 0 complainl in this ~ (e"""""" PIeo, No I ""thin 'wen'y (20) doy. of I., ,..vice of rul. or ,uffor .ntry of judgmont of non ""'" S'!}I1111Ura of appel/a" Of hIS 8ttomlty Of .,. lUll. To Nl.M'''' I)' lII'lI,'lrll,'fN) , , oppell..(.), ( ') You 010 naliflod ""', 0 ,ulo .. .....by ...r.r.d upon you to lile 0 comploint in this opp.ol ",ithin twenty (20) doy. oftw lho do'" of ......,k. of tN, ru. upon you by penonols.r'lk:e Of by certified or registered moil. (2) If yoo do not lil<o a compkJint ""thin th.. limo, 0 JUDGMENT m NON PROS WILL BE ENTERED AGAINST YOU, (3) The do'" o,l..rvic. 0' thi, ,ul<o if ...vi<o woo by moil i. tho do'" 0' moiling. DaN: _ ,19.. SlgIlB/tJro 0' _1lOtlOIOry Of 0IIIMlr AI);(; 'II" VERIFICATION I verIfY that the statements made In the foregoing Complaint are true and correct. I understand that faille statements herein made are subject to the penalties of 18 Pa,C,S,A. 14904 rel!1ting to unsworn falaUlcation to authorities. -~~ . /? . / ,1., 11)?(, Date ,/ . ;.: C.l j <', I,ll" (i l ,- , " , ['" ~: . l " " ;'1 (', , '1 I.') I.. I t . , I j , ~ 5. Plaintiff assumed possession of the rental premises on or about May 7, 1995, and will surrender the premises to Defendant on May 7, 1996. 6. Plaintiff has paid all rent accruing under the parties' lease through and including February 1996. I. ~r.!H!,c;!LOJ_th~_Jl!)ltLte_d ~1!uj!ntLQL H.!I.!1.iJ,~,bjJlt)' 7. Plaintiff repeats and incorporated by reference his averments set forth above in Paragraphs 1 through 6. 8. On or about January 12, 1996, through no fault of Plaintiff, the gas furnace unit in the bedroom of the rental premises ceased operating, causing Plaintiff's bedr~ to be without heat. 9. After attempting to reach Defendant by telephone, without success, Plaintiff went to Defendant's residence on January 14, 1996 and January 16, 1996, to inform him that the furnace was in need of repair, but no one answered the door. 10. On January 17, 1996, Plaintiff's neighbor informed Defendant of the problem with Plaintiff's furnace. 11. On or about January 25, 1996, after Defendant failed to make the necessary repairs, Plaintiff's brother saw Defendant and again informed him of the prOblem with the furnace, to which Defendant responded that he would repair it after Plaintiff moved out. 12. On February I, 1996, the furnace still had not been repaired, and Plaintiff delivered a letter to Defendant's place of employment again giving him notice that the furnace was in need of repa i r. 13. Despite repeatedly being notified that the furnace was inoperable and having a reasonable opportunity to repair it, Defendant did not have the furnace repaired until on or about March 20, 1996. 14. The rental premises was rendered partially uninhabitable due to Defendant's failure to repair the furnace, in that Plaintiff's bedroom was intolerably cold, even with other heat sources operating within the apartment, causing Plaintiff to be able to see his breath when he breathed. 15. Defendant had a duty as a residential landlord to maintain the rental premises in a habitable condition. 16. Defendant's failure to repair the furnace within a reasonable period of time as alleged herein constitutes a breach of the implied warranty of habitability. 17. Because of Defendant's breach of the implied warranty of habitability, Plaintiff withheld the rental payment for Mareh 1996. 18. Because of Defendant's breach of the implied warranty of habitability, Plaintiff has suffered damages, including but not limited to the fOllowing: a. I reduction of use of the rental premises, thus reducing the value of the premises to Plaintiff by at least fifty percent (50~) while the bedroom furnace was inoperable, and entitling Plaintiff to damages in the amount of $335.00 for rent overpayments he made to Defendant for the months of January 1996 and February 1996. b. out-of-pocket losses incurred to heat Plaintiff's bedroom, including but not limited to $105.99 for the purchase of a kerosene heater; approximately $100.00 for the purchase of kerosene; and approximately $100.00 for additional 9as and electricity usage to operate baseboard heaters and gas furnaces in other rooms of the apartment to try to warm the bedroom. WHEREFORE, Plaintiff respectfully requests that judgment be entered in his favor and against Defendant in the amount of $640.99, and that he be granted such other and further relief as this Court may deem reasonable and just. I I. Breach of Lease 19. Plaintiff repeats and incorporates by reference his averments set forth above in Paragraphs 1 through 18. 20. Paragraph 7 of 'the parties' lease provides that Defendant or his agent "will make necessary repairs to the premises and the appliances therein within a reasonable time after [Plaintiff) notifies [Defendant or his agent) of the need for repairs." See Exhibit "A". 21. Defendant breached hi s duty under the part ies' lease to repair the gas furnace in Plaintiff's bedrcom within a reasonable time af~er he received notice of the need for repair. 22. Because of Defendant's aforesaid breach of the partie.' lease, Plaintiff has suffered damages, including but not limited to the following: a. reduction of use of the rental premises, thus reducing the value of the premises to Plaintiff by at least fifty percent (50.) while the bedroom furnece was inoperable, and entitling Plaintiff to damages in the amount of $335.00 for rent overpayments he made to Defendant for the months of January 1996 and February 1996. b. out-of-pocket losses incurred to heat Plaintiff's bedroom, including but not I imited to $105.99 for the purchase of a kerosene heater; approximately $100.00 for the purchase of kerosene; and approximately $100.00 for additional gas and electricity usage to operate baseboard heaters and gas furnaces in other rooms of the apartment to try to warm the tlimroom. WHEREFORE, Plaintiff respectfully requests that judgment be entered in his favor and against Defendant in the amount of $640.99, and that he be granted such other and further relief as this Court. may deem reasonable and just. III . JJ:,!lSP~~s 23. Plaintiff repeats and incorporates by reference his averments set forth above in Paragraphs 1 through 6. 24. On or about Decembe r 6, 1995 and December 20, 1995, Defendant entered the rental premises without knocking, without justification, and without Plaintiff's consent. ~5. Both of these entries were witnessed by Plaintiff's brother, who was inside the apartment on each occasion. 26. During the December 6, 1995 entry, Defendant left a note in Plaintiff's apartment advising Defendant that he was behind in his rent. 27. During the December 20, 1995 entry, Defendant pushed Plaintiff's brother out of the way when he entereO the apartment and, when told he should not enter the apartment without giving prior notice, responded that it was his "goddamn apartment" and he could do what he pleased. 28. In addition, Plaintiff believes and avers that Defendant entered the rental premises without his consent on at least two other occasions, and that Defendant left the door leading from Plaintiff's bedroom into the basement unlocked on one such occasion and open on another. 29. Defendant's entries into Plaintiff's apartment constitute trespass. 30. As the result of Defendant's acts of trespass into the rental premises, it was necessary for Plaintiff to install a new lock on his front door, at a cost of approximately $21.00. 31. Defendant's acts of trespass have caused Plaintiff significant anxiety and stress, and seriously interfered with Plaintiff's enjoyment of the rental premises. WHEREFORE, Plaintiff requests that d judgment be entered in his favor and against Defendant in the amount of $4000.00, and that he be awarded such other and further relief as this Court may deeml reasonable and just. I V . E..x~,!ti;Ls,L,{!Ll"a,L!'-. f.1!1!~ 32. Plaintiff repeats and incorporates by reference his averments set forth in Paragraphs 1 through 6 herein. 33. Paragraph 5 of the parties' lease states that Plaintiff I I I I I I I I , " "agrees to pay a late payment charge of five (5) percent per month of the amount of rent in default after the fifth (5) day of each month. ,; See Exhibit "A". 34. Defendant required Plaintiff to pay this late charge in the amount of $16.75 per month for three separate months, for a total of $50.25. 35. The 1aase provision requiring a five percent late charge is an unenforceable penalty clause, in that the resulting late fees are excessive and bear no reasonable or rational relationship to any losses De~endant may have incurred due to the late payment of rent. WHEREFORE, Plaintiff requests that a judgment be entered in his favor and against Defendant in the amount of $50.25. V. Y..iQJ~tj9n!!.~Ltb@_l)n!1li.r~I[~g,!LPr,~~1j~.orut Cgnsul!1exprotec.JJ.9D 1",!i\'Y 36. Plaintiff repeats and incorporates by references his averments set forth above in Paragraphs 1 through 35. 36. As a residential landlord, Defendant is engaged in the conduct of trade or commerce, within the meaning of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. Section 201-1 @,t seg. (hereinafter: "the Act"). and 37. ~v of Defendant's conduct. as set forth in Counts I, II, III, this Complaint, constitutes unfair or deceptive acts or practices in the conduct of trade or commerce In violation of SectIon 3 of the Act (73 P.S. Sectlon 201-3). WHEREFORE, pursuant to Section 9.2 of the Act (73 P.S. . I Section 201-9.2), Plaintiff respectfully requests that he be awarded a judgment against Defendant in the amount of hi s actual damages or '100.00, whichever is greater; treble damages; and such additional relief as the Court deems necessary or proper. VI. PYrJiJi.y\UJ!!m.!!.9!'s 38. Plaintiff repeats and incorporates by reference his averments set forth above in Paragraphs 1 through 37. 39. Defendant's act ions as set forth herein were outrageous, wilful, reckless, wanton, evil and malicious, and were perpetrated with complete disregard of Defendant's rights under Pennsylvania law. Wherefore, Plaintiff requests that he be awarded a judgment for punitive damages against Defendant in an amount deemed appropriate by the Court. Respectfully submitted, , ;2;;;) / /::/ L- ./ "Bb~' ,~ Philiplt. Brigant Attorney for Plai tiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pa 17013 (717) 243-9400 The above-named Plaintiff, Christopher Durning, verifie8 that the statements made in the above Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 14904, relating to un8worn falsification to authorities. - Date:/q~~ I ~~a:. /, ;? Christopher Durni ,plaintiff 'I" , , , '\ CHRISTOPHER DURNING, Plaintiff/Appellant IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2063 CIVIL TERM PAUL V. GAUGHAN, Defendant/Appellee ~~BllflCATE QE SERVICE I, Philip C. Briganti, hereby certify that a copy of the L!J- forogoing Complaint is this ,__(_____, day of May, 1996, being served upon Paul V. 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'.. , , ) , , " . 1, , ... PAUL V. GAUGHAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2063 CIVIL TERM V. CHRISTOPHER L. DURNING, Defendant ANSWER COMES NOW the defendant, Christopher L. Durning, by counsel, Philip c. Briganti, Esquire, Legal Services, Inc., and as his Answer to Plaintiff's Complaint, states as follows: 1. Admitted. 2. Admitted in part and denied in part. Defendant admits that he is an adult individual, but denies that he resides at 624 Market Street, First Floor, Lemoyne, Pennsylvania. Defendant presently resides as 1203 Limerick Court, Hummelstown, Dauphin County, Pennsylvania. 3. Admitted. 4. Admitted in part and denied in part. Defendant denies that a copy of the parties' Lease Agreement was attached to the copy of Plaintiff's Complaint served upon Defendant's counsel. ,'.' "~I ~ :.1 " , '~t~ , 'I ,~'~ " 'I ", . ...c,", " I':,.' ",', ",'" d I"', ,.1.. . " ':'r '" IIIl , : \ ~ .~~ .'Il , " .1\< ",i'!i',;::i?,i )'_\\"'IIuJ (11';lirQ, '.1, ,,'l', I,;:'. , " However, Defendant admits the remaining averments set forth in Paragraph 4 of Plaintiff's Complaint. 5.! Admitted. However, Defendant did vacate the premises on i May 7, 1996. 6. Denied. Defendant denies that notice to remove was given in accordance with law on January 25, 1996. The partie.' Lease requires that Plaintiff give Defendant 60-days notice if ,,' Plaintiff does not intend to renew the lease. However, the lease term did not end until April 30, 1996, and Plaintiff's notice improperly stated that Defendant was to vacate by March 24, 1996. 7. Denied. Defendant denies that he regularly failed to make his rent payment on the first of the month as required by the Lease. 8. Admitted in part and denied in part. Defendant admits that he did not pay rent for the months of March and April of 1996, in the total sum of $670.00. However, Defendant denies that he owes this sum to Plaintiff, for reasons set forth below in Defendant's New Matter. Defendant further denies that rent in the amount of $335.00 is owed to Plaintiff as of May 1, 1996. If any rent for May 1996 is owed, Defendant should only be liable for prorated rent accruing until May 7, 1996, when he vacated the premises. 9. Admitted in part and denied in part. Defendant admits that Paragraph 5 of the parties' Lease provides for a late payment charge of 5% per month of the amount of rent in default after the fifth day of each month. However, as averred below in Defendant's New Matter, these late fee provisions are unenforceable as a penalty. Moreover, also as set forth in hi. New Mattjr, Defendant had good cause for withholding his rent and late fees should not be imposed. Finally, even if late fees could be assessed, only a one-time late fee could be imposed under Paragraph 5 of the parties' Lease for the month the late charge was incurred, and not compounded or multiple late charges for the same month's rent as averred in Plaintiff's complaint. Accordingly, Defendant denies that he incurred any of the late charges averred by Plaintiff. 10. Denied. Defendant denies that rent reserved and due pursuant to the Lease remains unpaid and unsatisfied. Due to Plaintiff's breach of the implied warranty of habitability, and other offsetting claims of Defendant which are set forth below in Defendant's New MatteI', Defendant asserts that he owes Plaintiff nothing under the Lease. 11. Denied. Defendant denies that he has violated the Lease Agreement sufficient to justify his eviction from ~he premises. However, Defendant has surrendered the premises to plaintif.f, and is no longer challenging Plaintiff's request for possession. 12. Admitted. However, to the extent it is averred, Defendant denies that Plaintiff is entitled to recovery of these costs. 13. Admitted in part and denied in part. Defendant admits that as of the date of Plaintiff's Complaint, Plaintiff did not have the opportunity to assess whether Defendant had caused damage to the leased premJ,ses, unless he unlawfully entered the premises while it was still occupied by Defendant, as he had in , the past.! However, Defendant denies that he caused any damages to the pre~ises. NEW MATTER I. Retention of Security DeDosit~_Plaintift 14. Prior to taking possession of the rental premises, Defendant remitted to Plaintiff a security deposit in the amount of $335.00, which Plaintiff continues to retain and has not returned to Defendant. 15. This security deposit should be applied to offset any rent or other charges which Defendant may be found to owe Plaintiff, and the balance should be returned to Defendant. II. IncorDoration bv Reference of Claims and Defenses 16. On April 16, 1996, Defendant filed a timely appeal to this Court from judgments entered by District Justice Charles A. Clement, Jr. on a complaint filed by Plaintiff and a crol:ls__ complaint filed by Defendant. Those appeals were docketed at 96- 2063 civil Term. 17. On May 6, 1996, Defendant filed a Complaint (ChristoDher Durninq v. Paul V. Gauqhan, No. 96-2063 civil Term), which is docketed to the same number as Plaintiff's Complaint in this action. 18. Defendant repeats and incorporates by reference Counts I (Breach of the Implied Warranty of Habitability), II (Breach of Lease), III (Trespass), IV (Excessive Late Fees), V (Violation of the Unfair Trade Practices and Consumer Protection Law) and VI (Punitiye Damages) of his said Complaint, as if these counts were i fully set forth herein. WHEREFORE, Defendant requests that the relief requested by Plaintiff be denied, and that Defendant be awarded such other and further relief a8 thi8 Court may deem rea80nable and jU8t. Re8pectfully submitted, J;tv1y, ( ;/ # ( ,4/~ fhilip c.VBrigan~ Attorney tor Defendant LEGAL SERVICES, INC. a Irvine Row Carlisle, Pa 17013 (717) 243-9400 'I I .! , ' The above-named Defendant, Christopher L. Durning, verifies that the statements made in the above Answer and New Matter are true and correct. Defendant understands that false statements herein are made subject to the penalties of 10 Pa. C.S. 54904, relating to unsworn falsification to authorities. Date: ~ //~ II ' '-:J) { I I , " -----"7 , DUrnin?/ , I " ','r; ,iii" l}ii :l\11 I'm :A~I ,w'\il .t"j~ ,""1; .,j,. .,' OJ,!. ': ";'j I :i 'i';'" I.:" ,,'\ l':, demanded, Defendant specificBlIy denies that the PlaintifT's bedroom W8ll without heat, 8lI 811 alternative heat source was available, 9, Denied, Defendant is without specific knowledge 811 to the aIIeption of this paragraph and, therefore, it is denied and proof is derrumded, 10, Denied, Defendant is without specific knowledge 811 to the aIIeptlon of tms paragraph and, therefore, it is denied and proof is derrumded, 11, Denied, Proof demanded, By way of further RJlBwer, Defendant admits that while delivering the not.ire to v8Cat,e to le8lled premises on January 25, 1996, PlaintifT'. brother W8ll present lUId greeted him on the front porch, During the ensuing conversation. the PlaintifT's brother did mention that the heating unit had been knocked ofT of the wall from ice falling from the roof, This is the first occ8Bion that Defendant had received any information regarding this unit.. Defendant responded by stating that he would take action when he received notice directly from the Plaintiff, 12, Denied, On the contrary, a note dated February I, 1996, W8ll delivered to Defendant's place of employment by Plaintiff's father on February 7, 1996, This was the first written notice provided to Defendant of any problem with this unit, Furthermore, an alternative heat source, namely electric heat, was available at all times, 13, Denied, On the contrary, Defendant took reasonable action to contact UGI to make arrangements to have this unit repaired, Due to the fact that parts needed to be ordered, the repIir did not occur until March 19. 1996, See copy of Defendant's Exhibit "A" to this answer, 14, Denied, On the contrary, electric baseboard heaters were available in the bedroom whicIl were available for use by the Plaintiff, 15, The allegation of this paragroph i. 0 legal conclu.ion to which no resporule is requirllCl. To the extent that a re.ponse is required, the alleption is denied. 16, The olleption of this paragraph is a legal conclusion to which no reapon.oe is required. To the extent that 8 response i. required, the alleptlon is denied, 17. Denied. Plalntifi"s Complaint filed of record May 6, 1996, Is the fint notice received by the Defendant that the MllI'Ch rent Wftll not paid due to any condition regarding the heat In the apartment. On the contrary, the failure to pay rent in MllI'Ch and April W811 more likely balled upon the Plaintiff's consistent pattern of failure to pay rent on time together with the fact that the Defendant had served a notice to vacate the premises upon the PlaintilT on January 25, 1996, 18, Denied, It is specil1cally denied that Defendant breached any implied warranty of habitability and, consequently, PlaintifT can therefore not have suffered any damages 88 a lei/8l and proximate result of Defendant's conduct. Therefore, any allegation in regard to danll\ges is denied and proof is demanded, WHEREFORE, Defendant respectfully requests that judgment be entered in his favor and against PlalntifT, together with costs, attorney's fees, and such other and_l\1rther relief 88 this Court may deem re8110nable 8/ld just. II, BREACH OF LEASE 19, No response required, 20, Admitted, 21. The allegation of this paragraph contains a legal conclusion to which no responalve pleadiq is required, To the extent that a responsive pleading is required, the allegation is denied, 22, Denied, Defendant specil1cally denies any liability to the Plaintiff 8/ld, conaequently, the PlaintilT can have no dllll1llges and any allegation 88 to damages are specifically denied lUId proof" delMllded, WHEREFORE, Defendant respectfully requests that judgment be entered in his favor and...... PlaintifT, togethor with attorney's fees, costs, and such other and further relief 88 this Court ~ deem re880nable and just, Ill, TRESPASS 23. No respoOlle required, 24, Denied. On the contrary, Dflfendant on both OCCasiOOll did knock lUld Wllll permitted entry Into the premises by Alan Durning, the brother of the PlalntiIT, 21\, Admitted, In fRet, it was Plalnturs brother, Alan Durning, who allowed the Defendant to enter the apartment, 26, Admitted, 27, Denied, On the contrary, it was PlRinturs brother, when Defendant WlUl discuoalng the situation regarding late rent, pushed the Defend8J\t, 28, The allegation of this paragraph is specifically denied 8J\d proof is demanded. 29, The allegation of this paragraph cOOlltitutes a legal conclusion to which no responsive pleading is required 8J\d to the extent that a responsive pleading is required, the allegation is denied, 30, Denied, 88 no trespass occurred, there was no need for the PlRintiIT to incur 8J\Y costs In regard to changing of the locks 8J\d thfl allegation is specifically denied 8J\d proof is demanded, In addition, if repair to the locks W88 required. the lease specifically provides that all repairs less than $21\,00 are the responsibility of the resident, 31. Denied, Again, as no acts of trespass have occurred, no damages could have been incurred by PlRintiIT 8J\d any allegation 88 to damages are specifically denied and proof is demanded. WHEREFORE, Defendant requests that judgment be entered in his favor and against PlaID"", together with costs and attorney's fees and such other and further relief as the Court lIIA7 dHa re880ll8ble and just, , , IV, .;XCESSIVE LATE FEES 32, No response required, 33, Admitted, As the Plaintiff chose to pay his rent late. pursuant to the agreed uJlOll....',j' "'," agreement. the late charges were. In fact, due to the Defendant, ,I;:, 34, The allegation of thlo paragraph conslitutea a conclusion of law to which nr> responsive p1eadlnllls required. To the extent tlult a responsive pleading Is required, the allegation Is denied and proof Is demanded. WHEREFORE, Defendant requestsjudgment in his favor and against Plaintiff, together with costs and attorney's fees and such other relief 88 the Court may deem reR80nable and just, V, VIOLATIONS OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 36, No response required, 36, The allegation of this paragraph is a legal conclusion to which no responsive pleadlnllls required, To the extent tlult a responsive pleading is required, the allegation is denied, 37, The allegntion of this paragraph is a legal conclwoion to which no responsive pleading is required, To the extenttllat a responsive pleading is required, the allegation is denied, WHEREFORE, Defendant respectfully requests that judgment be awarded in his favor and against Plaintiff, together with costs, attorney's fees, and such other additional relief 88 the Court deems necessary and jll8t, VI, PUNITIVE DAMAGES 38, No response required, 39, The allegation of this paragraph constitutes a legal conclll8ion to which no reepolllive pleading is required and, to the extenttlult a responsive pleading is required. the allegation Is denied. WHEREFORE, Defendant requests t.lult judgment be awarded in his favor and againIt PIMItII', t~ther with costs, attorney's fees, and such other additional relief R8 the Court may deem proper IIIlI jll8t, I, NEW MA'fTER 40. The responses to paragraphs 1,39, as contained in this Answer, are incorporated herein by reference. 41. The Complaint rued by Paul V. Gaughan at number ij6.2063 Civil Term, the same term and number as this Answer will be rued, captioned "Paul V. Gaughan v. Christopher L. DUI'Jlinj(, la incorporated herein by reference, 42. Plainti/Tpermilted his brother, Alan Durning, to reside in the leased premises, constituting a specific violation of the lease agreement, 43, Plainti/T, Christopher Durning, did keep a cat in the premises, a specific violation of the provisions of the lease agreement pertalnlng to pets, WHEREFORE, Defendant respectfully requests judgment be entered in his favor and against Plainti/T. COUNTERCLAIM 44, The responses to paragraphs 1,43, as contained in this Answer, are incorporated herein by reference. 45, The Complaint rued by Paul V, Gaughan at No, 96-2063 Civil Term, the same tenn and number as this Answer will be rued, on May 6, 1996, captioned "Paul V, Gaughan v, Christopher L. Durning" is incorporated herein by reference, 46, There does not exist any basis whatsoever, either in fact or at law, to support tbe PlalntilT's allegation that he WM somehow entitled to possession of the premises beyond the expIratlDn of the a;muUed leMe term on April 30, 1996, 47, There does not exist 8/lY basis whatsoever, either in fact or at law. to holdint tbe Defendant liable to Plaintiff as a result of 8/lY of the allegations made in Count I and Count n of tbe PlalntilT's Complaint based upon the f8ctthatthe 1!8" wall unit was not the primary source of heat for tbe '~ ! , ,1 " , 1,1 apartment and that the bedroom where the unit WM located did contain electric baseboard heaten that were available for the Plainti/T's lise, Bt-I U"ll'''', "'t IJtil Ulillllll~ 1111: Ll.J~ OI~I~llJn l!JOU PIJ~tt)n ~lrl!t1t Ptl61 OItII:U Bl). 3566 HlJI/I5bufl}. flA ,,1Il6.3565 111712JH9GI [,I,phll"" March 21. 1996 Mr, Paul Gaughan 511 Geary Avenue New Cumberland, PA 17070 Re: 624 MArket Stroet, Lemoyne PA 17043 Dear Mr, Gaughan: On February 23, 1996, Mr, Gau~hAn called for service at t.he above-referenced address, Our service representative worked on the first and second floors on February 27, 1996 and ordered parts for the first floor heater (vent It :lnd outsIde hood, The part was ordered from Hummer Equipment Company and arrived for UGI to Install at the above-referenced address on March 19, 1996, and was Installed by another service representative on the same day, Thank you for your lnqulry and should you have any additional problems or questions. please do n:>t hesitate to contact. our local office at (717) 234-5951. Sincerely, Customer Services Section Harrisburg Area CSS -11- VERlFICA110~ I verIlY that the statements made In the foregoing Answer and Counterclaim are true and correct. I understand that false statements herein made ere subject to the penalties of 18 Pa.C,S.A. 14904 relatina to unsworn falsillcation to authorities. }//Jl.j <1c, !!jtjcp Date ' ir( . I ) ;/ 1 ,'/ I / /1./1/1; "'-'~'f~L<--' Paul V. Gaughan / (/ VERIFICATION I, Robert p, KlIne, Esquire, attorney for the PlaintilTherein, have .ufficient knowledge ofthe fact. contained in thlo Anower to New Matter and verify t.hat the .tatement. made in the foregoing AMwer to New Matter are true and correct to the be.t of my knowledge, based upon information received from the Plaintiff, I understand that false statement. herein made are subject to the penalties of 18 Pa, C,S,A, Section 4e04 relating to unsworn falsification to authorities, A verification executed by the Plaintiff will be flied of record 8B soon 8B it becomes available, ~~ 0 !~~ ~~ Rober p, ,5squire KQ .( Date ~ ., - CERTIFICATE OF SERVICE I hereby certifY that I served a true and correct copy of the Answer upon Philip C. Briganti. Esquire, by depositing 118J1\l' in the United Statl'S Mail. first class, postage pre-paid on the ~ of .:\ ~~ , 1996, from CarUsle, PeMaylvania. addressed 88 follows: Philip C. Briganti, Esquire Legal Services, lne, 8 Irvine Row Carlisle, PA 17013 LAW OFFICES OF RON TtJRO ~ kO t 'Pko ~ Robert p, Kline, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 24/1-9688 Attorney for Plaintiff , " ;(;\ ,',(;I --I' , . ,.., ,,1,:1/1 ::)!l~ /;,11 :!!f;~ . 'I~;I '::J~ I I ',iH'll ',,-C': j 1,1\ 'f;: - (: r;-~ 0 . :J.r ~~' - -s';: . ~'.J '. -;0; 'J~ '1'. r i; ''-I : '<-1 jll - .).,-, rr!!o! - r . ~ ~. ,!J,fl ~. c..; :il'J..: t'3 ~':> -j CJ. <..l I, . " " , Co' 'lI', '\1 ,. , l".'.,1 " ot the apartment on May 1, 1995. Plaintiff was unable to assume po.session until May 7, 1995, because Defendant's previous tenant did not move out of the premises until that date, and was not removed by Defendant. Accordingly, the lease term should equitably be adjusted to run from May 7, 1995, until May 7, 1996. 6. Plaintiff denies that beginning in November 1995, he was regularly and consistently late with his rent payments. Moreover, Plaintiff had grounds to withhold his rent, due to Defendant's breach of the implied warranty of habitability. 8. Plaintiff denies that an alternative heat source was available. The baseboard heaters in the living room_-And bedroom were inoperable. 11. Plaintiff denies that Defendant said that he would take action to repair the furnace when he received notice directly from Plaintiff. Rather, he stated that the Plaintiff "could freeze", and that he would fix the furnace after Plaintiff moved out. 12. Plaintiff denies that an alternative heat source, namely electric heat, was available. The electric baseboard heaters in the bedroom and living room were inoperable. 13. Plaintiff denies that Defendant took reasonable action to contact UGI to make arrangements to have the furnace unit repaired. By his own admission, Defendant was informed that the furnace was in need of repair on January 25, 1996, and did not contact UGI until February 23, 1996, nearly a month later. Moreover, given the cold weather conditions during that time ot year, the only reasonable action by Defendant would have been to have the furnace repaired o. replaced immediately. 14. Defendant repeats and incorporates by reference his averments set forth above in Paragraph 12. 17. Plaintiff denies that he did not pay rent March and April based on a consistent pattern of failure to pay rent, or because he was ser.ved with an eviction notice. 24. Plaintiff denies that Defendant was allowed to enter the premises by Allan Durning, Plaintiff's brother. Plaintiff presently has no knowledge as to whether Defendant knocked, and therefore denies this averment. 25. Plaintiff denies that his brother allowed Defendant to enter the apartment. 27. Plaintiff denies that his brother pushed Defendant. 30. Plaintiff denies that the section of the parties' lease providing that the resident is responsible for repairs costing less than $25.00 is applicable, because changing the lock did not constitute a repair, but rather was a security measure necessitated by Defendant's unlawful conduct. 41. No response required. Plaintiff incorporates by referenc~ his Answer to Defendant's Complaint. 42. Denied. Plaintiff denies that he permitted his brother to reside in the leased premises in violation of the lease agreement. 43. Admitted in part and denied in part. Plaintiff admits that he kept a cat in the rental premises in December 1995, but ceased keeping the cat there within three days of being given written notice by Defendant that he was to get rid of it, in accordance with paragraph 12 of the parties' lease. Accordingly, Defendant asserts that he cured any alleged lease violation pertaining to pets as permitted by the lease. WHEREFORE, Plaintiff requests that judgment be entered in his favor and against Defendant. COUNTERCLAIM 44. No response required. Plaintiff incorporates J)Y reference his averments set forth above in Paragraphs 40 through 43. 45. No response required. Plaintiff incorporatee by reference his Answer to Defendant's Complaint. 46. Denied. Plaintiff repeats and incorporates by reference his averment set forth above in paragraph 40 (5). 47. Denied. Plaintiff denies that there is no basis in fact or at law for the allegations made in Count I and Count II of his Complaint. Plaintiff denies that the gas wall unit was not the primary source of heat, as the electric baseboard heaters were in~perable and therefore unavailable for Plaintiff's use. 48. Denied. Plaintiff repeats and incorporates by reference his averments set forth above in Paragraphs 40 (24) and 40 (25). 49. Denied. Even though Plaintiff admits that he executed the lease agreement, the late fee provisions constitute a penalty clausQ and are not enforceable. 50. Denied. Plaintiff repeats and incorporates by reference his averments set forth in Paragraphs 47 through 49. 51. Denied. Plaintiff denies that Plaintiff's Complaint is a frivolous cause of action filed solely for the purpose of causing the Defendant to incur additional attorney's fees and expenses. Plaintiff further denies that Defendant's pursuit of rent is legitimate, in light of his breach of the implied warranty of habitability and other misconduct as set forth in Plaintiff's Complaint. Plaintiff avers that his causes of action are meritorious and justify the award of damages to Plaintiff. 52. Denies. Plaintiff denies that his Complaint is an abuse of the legal process, and denies that it justifies the awarding of legal fees and costs to the defendant. Plaintiff repeats and incorporates by reference his averments set forth above in Paragraph 51. 53. Denied. Plaintiff is without sufficient knowledge or information to determine whether Defendant has incurred and will continue to incur legal expenses and costs in defending this action until a final resolution is made. To the DefendanJ has incurred or will continue to incur extent that such expenses and costs, they are his fault and responsibility due to his misconduct as set forth in Plaintiff's Complaint in the above- captioned case. WHEREFORE, Plaintiff requests that judgment be entered in ~, .:p .3 '"" " , '. l"l~; N - 5...... fP" -,. l:l~ ~~' .... 1-; r,"~, ~<.;:: R i' - -, J I'i~ h.:. , ,.... .' '. ~~j ;i'.] Le. o . ~1. (,) '" ,j 1,)' , ,J " ,., , G.~ ~ \11 ".. 4.'{ r.. !f ,. !.~ ('~ , :I: .J ,3' I', 0.. , )>: C 00 .";~ (.~ ') .;' I Ifl" c.r.: :iili I!. ~, ,1: a: ... ., ~ ~ .J (.)