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Home My WebLink About97-05603 "1 --; . J"' -4 \, o " ~ t- ~ r ~ - . .. .) ... CJ ,., ~ ~ I '1"'-0, (tool . ~ NOTICE OF APPEAL (OMMONWIA.," O' PlNNn.VANIA coui"io; COMMON-.PLIAI fROM JUDICIAL DI"IICI DISTRICT JUSTICE JUDGMENT COMMON PUAI N.. 1997-5603 Civil Term NOTICE OF APPEAL Nolie. i. 1Ii- thol the appellant hot m.d i" fhe above Court of Cammon Plea. on _01 110m the judgment rendered by the Di.trict Ju.fk. on the dote and In the COMI mentioned below. HA.MI Of AIf'tUAHT r~fn.D~W) ~ / /12.... StAll " COOl Stn RrNSF::V~6- PA I7;}-S7 ., ~',,~,,~r:' f~JiS02~ ~liGNi.liAlrr"'ilr1>. ~m~lS l' SI '1 .4 CIIV ~~tt, f?JoeJ1:F1 ~IP E&.JRD ST !17lDi q7 rsHmJ'J CVI\> \~?-Cj7 LT 19 ThiI black wiD be oigned ONLY when fhi. notalian i. roquired under Po. 10088. This Notice of Apt.)8ol, when received by the Diltrkt Antice, will operate as a SUPERSfOEAS ta lhe judgment lot pa.....ian in Ihi. co.a SlfJfJature 01 ProlhonotiJIY or Deputy /I appellant was CLAIMANT (see Pa. RCPJP. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT wit/tin twenty ( 20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (ThIs section 0I1otm to be used ONLY when appelliJJIl was DEFENDANT (500 P'a, HCPJP, No. IF NOT USED, detach /rom c"'Y 01 notice 0/ appeal to be served upon appellee), PRAECIPE. To Prolhanolaty Enter rule upon -a.'t ~. t.-.~ '00 , (7 ) in oction be/oro Disliiet Justice, (Canvnon Pleat No. 1997-5603 Civil ,..... e'''''''~ SH1k.Utl.) ffc-7 oIawmloo(5) Term ) wilhin lwenty (20) day. after .o..ic. 01 rule Q( .u,1ot enfry of judgmont of non pR>Io c; ^, ;.,~ -~& Sog>a/IIlJoI "''''_'''-'' . appellee{.). , appell.o(.). 10 fil. a complaint in thit appoaI RULE. To 5;!htJu JV Pl2;::J. Nwne 01 5} (I) You <n no~fied thaI 0 r\lIo ~ hereby entered upan you ta file a complaint in lhi. appeal within twenty (20) day. ofIw the date of oorvk. of thi. rule upon you by pononol .orvk. Q( by certified Q( f09i.torod maiL (2) K you do nol file a complaint within lhi. ~mo, 0 JUOGMfNT Of' NON PROS WIll 8E ENTERED AGAINST YOU. (3) Tho date of IONic. of thi. r\lIo ~ ...vice _. by mail i. the dote of ...Ii~ Oct. 10. .19-27. .,('1L'VJ K' .kP,/~ f1:7 ~ rJl'Nf........"~ DaN: /JDPC 312.14 ~ ^l ~ 'It'' ~'j ~ i-~ r( '. ~ 't ..;t \.1\ ~~ " l. ''0 , (1\ '. . . ~' .. , ~~. ~ , '" ~.! <": -- r--l. ,', \..1 0' ~ i....rl( (:1 ,. c(, ~ r-' , " t;.. ~ \ ' \ .' " " I i,tj '-') .~ I" L..' 1."- ,~ " ,.' i t..) c' ,J --81 UO IIJldXI U01"lwwo:J AN ""IJIOJO'Il1,J, 'p,W U.lll""'P"J' WOIJM 'JOJ.q ,'1'11I0 10 'JnJ.u41$ 'UIIII' JO .ml'u~,'S -61 ' ~O AVO SIHl 3~ 3l:l0~3S 03SIl:l:)SSnS ONV (03~l:lI~~V) Nl:lOMS '019J94 p940BnB IdlOOO' ."opuos 'I!BW (POJOIS!60,) (POU!I'OO) Aq 0 OO!^,SS,Buo9Jod Aq 0 -61 ' UO pS'.O'ppB .BM Slnl:l Oul WOuM 01 (t)sOlloddB 041 uodn IsaddVlo oOlloN S^oqs auI6u!AusdwOOOBIU!B,dwo:) B Ol!~ Olslnl:ls,<\ pa"o.IIBul 'S41ml pUB 0 '010'S4 PSuOBIIB\dIOOa, S,JSpUS. 'I!BW (ps'OIS!6s,) (POIl'POO) Aq 0 90l^JSS,BUO.,od Aq 0--61 ' uo ' (SU'BU) 'aslIsdds Sui uodn pUB 'O\SISu pSuOBIIB Id,sOOJ ','spUSS 'I!BW (paJal.,60,) (ps!I!IJOO) Aq 0 SO!^'o. ,BUO.'Sd Aq 0 '-61 ' (SOI^,S9/0 slBPI UO ula'aul pa\Bu6,.ap a"l.nr 10IJI.'0 Sui uodn ' 'O'N 'Bs'd UOWlUO:) WaddVIO OOIlON Oullo Adoo B 0 pat\JBS IIUIH WJ!JJ8 JO JUaMS AqaJ94 I ;~I.(\YQI~JI,~, ,\ .0 llNnOO ..~ '. \ 't'fN't'^'A9NN3d.0 Hl,YJIANOW"Oa (SO.oq ./qB,,/ddB ~'.u:J '/B.dd_IO "",OU RuI6t11/1/ li31JI/ SA I/O lOt/ N3l N/Hl/M 031,. 39 lSnW"OIAJQS'/O'/oOJrI '/41/ .1.NIY1dWOO 311:1 O~ 31n~ aNY 1Y3ddY :10 301.1.0N :10 301^~3S :10 :lOO~d >1.'" . COMMONWEALTH OF PENNSYLVANIA COUNT'\' OF: , CUMBERLAND MaQ 01,.,..., 09-3-01 NOTICE OF JUDGMENTfTRANSCRIPT CIVIL CASE PLAINTIfF: '''''ME I,.,A{XJff.:5:l !FREY, SHAWN ' ., 99 SKYVIEW DRIVE SHIPPENSBURG, PA l7257 L rJkol'''. lu, DONALD W. DAIHL .....- 8l WALNUT BOTTOM P.O. BOX 361 SHIPPENSBURG, PA I........ (117)532-7676 VS. 17257-0361 DEFENDANT: '"ME ,,"""()OUl% faORDEY, JESSICA, ET AL. RDl BOX 308 BENTON. PA 17814 L CockeINo,: CV-0000133-97 Date Filed: 6/24/9'1 DONALD W. DAIHL 8l WALNUT BOTTOM P.O. BOX 361 SHIPPENSBURG, PA 17257-036l THIS IS TO NOTIFY YOU THAT: Judgment FOR PLAIN'a;FF [i] Judgment was enlered for: (Name) --FRRV, !'lRAwn [i] Judgment was entered against: (Name) GORBEY. JES 9 I CA in the amount 01 $ :2.383 '17 on: (Date 01 Judgment) 9/lO/C)? D Oa";oge. will be assessed on: . (Date 8. Time) TOTAL $ 2,303 .87 $_ 79.90 $ . 00 S .00 $ 2,383.77 o This case dismissed without p;ejUdiCe, Amount 01 Judgment Judgment Costs Interest on Judgment Attorney Feen o Levy is stayed lor _ days or 0 generally stayed. o Objection to levy has been filed end hearing will be held: ~. [ Time: [ I ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL tJ If). 1ft Date , Dis~ict Justice I certify ti1althis Is a true and correct copy of the fecord of the proceedings containing the judgment. Dale , DistrIct JUSPCII My commission expires first Monday of January, 2000 SEAL AOPC 315--9" COMMONWEALTH OF PENNSYLVANIA COUNTY OF:, CUHBERLAND NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIfF: No.JM. .'It. AIVI. '~~l !FREY. SHAWN 'l 99 SKYVIEW DRIVE SHIPPENSBURG. PA l7257 L ~ ~\l!'''~ 09-3-01 OJ,..".,. HDn DONALD W. DAIHL -.~ 8l WALNUT BOTTOM P.O. BOX 36l SHIPPENSBURG, PA 1_ (717)532-7676 VS. Oli-i:NIiANT. ....... ow,,,,,,., ~ORBEY, JESSICA, ET AL. an 1 BOX 308 BENTON, PA J.78l4 L Do k tN cv-lfoooi33-97 ceo,: Date Filed: 6/24/97 17257-0361 I '1 ~ DONALD W. DAIHL 8l WALNUT BOTTOM P.O. BOX 361 SH1PPENSBURG, PA l7257-0361 THIS IS TO NOTIFY YOU THAT: Judgment: ,[!] Judgment was entered ror: J.OR.J>LAINTIFF (Name)~ [i] Judgment was entered against: (Name) PAPOUTSrS. GEORGE in the amount or $ 2.381.77 on: (Date 01 Judgmenl) _-!lLJ.n.l97 o Damageo will be assessed on; (Date & Time) o This case dismissed without pr~judice, Amount 01 Judgment Judgment Cosls Interest on Judgment AlIorney Fees $ 2,303.87 $ 79.90 $_ .00 $ .00 $ 2,383.77 TOTAL " 0 Levy' is stayed lor '_ days or 0 gonerally slllyed. o Objection to levy has beon filed and hearing will bo held: ~ D.. Timo: Place: ANY PARTY HAS THE RIGHTTO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH :fOUR NOnCE OF APPEAL .... \',.. .I,", ...' , , .;: Dlltri~t JUIUC~ . . : ..... - . I certify thai this is a true and correct copy 01 tho rocord or Ul0 proceedings containinp Ui~ i,!d!,lmenl' ~ ..,.. . Date " ':'"DIIlrtctJuaUce ":.'.. -">" .., ,." , 'f .....1" .. 'I. t. I'" , ~.' '!SA;'..6.1 . . ~ . . . . . ~'l"'" , 'Date My commission expiros first Monday 01 Jilnuary. 2 000 AOPC 3'5-07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBiRLAND NOTICE OF JUDGMENTfTRANSCRIPT CIVIL CASE F'IAINTIFF: NAMt .rtl"iJ(,..,,\~. 'FREY, SHAWN -, 99 SKYVIEW DRIVE SHIPPENSBURG, PA l7257 L_ .J """lI '...,'" 09-3-01 tu,."". 1m DONALD W. DAIHL ~a 81 WALNUT BOTTOM P.O. BOX 36l SHIPPENSBURG, PA ._.. 1717,532-7676 VS. OEFENOAtH' HAM( .f,oAr(.olri>:> ~ORBEY, JESSICA, ET AL. RD 1 BOX 308 BENTON, PA l7814 L 00 k tN CV-0000"133-97 ceo,: Date flied: 6/24/97 17257-0361 -, .J CHAD MCNELIUS 1409 22ND AVE ALTOONA, PA l660l THIS IS TO NOTIFY YOU THAT: , Judgment: FOR PLAINTIFF [iJ Judgment was antered lor: (Name) IIRJ;:Y r gYAWN [i] ~udgment was entered against: (Name) MC'!NEJ,JJIS~,_._.__ In the amount 01 $ (Date 01 Judgment) 2,'83." on: 9/10/C)' o Damages will be assessed on: (Date & Time) o This case dismissed without prejudice. Amount 01 Judgment Judgment Costs Interest on Judgment Allorney Fees $ 2,303.87 $ 79.90 $ .00 $ .00 $ -W83.77 TOTAL ,D Levy Is stayed lor _ days or 0 generally stayed. o ObjecUon to levy has been ftled and hearing will be held: Date: Place: Time: ~. , :.; , , ' 'j" ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FlUNG A NOnCE.: . OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. Y9U " " ", MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL'. ,~ /(.11 rfi Date:' _ " " DIBJri~t JUSticCl ~ " I "'.1' I: ',' . . . ,....~... ..... . ...." '.', #>"~. ... I certify that this Is a true and correct copy 01 the record ollhe proceedings CO':llalnlng the judgment' .; '....' Dale L~':':", District Ju~Uce -::. .. . , . ~. ." .. . )'. My commission expifes first Monday 01 January. 2000 " ' ':~'" S~L ' ". '.....'. " II ' AOPC31597 "" -r (" ~- lI' e: '-; u' !,.; , I t , I ,1 ( "', , I ~ , L-, - , " r- ,J 0 Ci' U J it - .. . 1'0:.__...._......_.._...._._....--.....-. ~)lI1#1l HfNlJ'i' tIOTl-fl) 10 tlf A .lfrHH tt.:f'(K.f 10 IH!. UOO'".lO.--.-.... ".'_-- ,. _"'m"~ l'tl11Nf, ['J) l'V-, ..1~5l1;,(~';1HlU OO,..k{)ill.&LMltJ},1& .,.!Util~llil ~J. . I I . , iJ't'::'..;;.Loo-.~, ":._;.-~.'--._,..--.. ..m.....fT . IIiUUttJU'Y QJqJl nilr nt...... llllllMfl(XlllMClCO"/Cf1>f- "'I! 1C1III lClOl. ;'1' !t... '- 4'- ,'- .~to..c.. '"<MY ) V .; . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHAWN FREY and JULIE FREY Plaintiffs I NO. 91-5603 Civil Term I v. JESSICA GORBEY Defenrlant I I JURY T.RIAL DEMANDED ANSWER OF JESSICA GORBEY TO PLAINTIFF'S COMPLAINT WITH COUNTERCLAIM AND NOW, comes the Defendant, Jessica Gorbey, and repreBents as followsl 1. Admittsd. 2. Admitted. 3. Denied as stated. The Plaintiffs have attached to their Complaint as Exhibit "A" what purports to be a Lease prepared by the Plaintiffs between the Plaintiffs and Jessica Gorbey, Chad McNelius, Eileen Heidel, and George papoutsis, which was supposed to begin on June 1, 1996; however, the Plaintiffs failed and refused to have 301 East Surd Street ready for occupancy at the beginning of the term, and thereafter failed and refused to make the leased premiseB fit for human Qabitation, and otherwise failed and refused to provide to Jessica Gorbey, Chad McNelius, Eileen Heidel, and George Papoutsis what was contracted for during the entire term of the Lease, all the while never abating the rent. . 4. Denied. It is denied that during the term of the lease that Jessica Gorbey failed to make payment of the rent and utilities due and owing and vacated the premisss at the termination of her Lease without properly cleaning it and causing damageB to the leased premises. It is denied that attached to the Complaint, mad~ a part of the Complaint, and marked Exhibit "B" is a summarization of the rent and utilities due and owing together with cost of cleaning and repairing the damages caused to the premises by Jessica Gorbey. On the contrary, the Plaintiffs were in violation of their duties under the aforesaid Lease, under the ordinances and regulations of the Borough of Shippensburg, and under the laws of the Commonwealth of Pennsylvania for the following reasons during the following months: A. June 1. The former tenants did not vacate the premises until June 3rd. 2. The former tenants' property was never removed by the landlord, but after a lot of physical exertion and a lot of emotional turmoil Jessica Gorbey and her roommates were able to remove the former tenants' property which consisted of at lesBt four (4) couches, six (6) chairs, a huge pool table (which had to be dismantled in pieces in order to remove it), several other tables, and mounds of garbage to the outside of the premises in order to get their own personal property into the premiBes, which had to be kept outside during the interim, much of which was stolen, vandalized, ruined, or damaged on June 1st, 2nd, and 3rd, which is the time period when the former tenants were still in the property, and one additional day that it took to make enough room to get Jeesica Gorbey and her roommates' property safely into the building, including, but not limited to, the theft of a T.V., a guitar, a kitchen table, a couch, two chairs, a drum set, four lamps, various kitchen items including a mixer, a blender, a food processor, a coffee maker, and a toaster, as well as numerous personal and/or eentimental items. 3. There were numerous holes in the walls and floors. 4. In the kitchen the sink was not functioning, the floor had numerous holes and waB otherwise covered by food residue, and the cabinets had five missing doors. Neither the oven nor the stove functioned properly. 5. In the first floor bathroom neither the sink nor the toilet worked. 6. In the second floor bathroom the shower leaked through the floor and into the ceiling below, and the floor was covered with thick black funguB, which was malodorous. 7. There were three missing windows, which allowed insects, rain, wind, and cold to enter the premises. 8. The property was infested with bats. 9. The property waB infested with roaches. 10. The handrail on the stairs was broken. II. There were missing or broken electrical socket. throughout the property. l2. The front door was broken and did not open or close properly, and could not be secured. lJ. The first floor bathroom door was broken and did not open or close properly, and could not be secured. B. July 1. There were numerous holes in the walls and floors. 2. In the kitchen the sink was not functioning, the floor had numerous holee and was otherwise covered by food reeidue, and the cabinets had five missing doors. Neither the oven nor the stove functioned properly. J. In the first floor bathroom neither the sink nor the toilet worksd. 4. In the second floor the Bhower leaked through the floor and into the ceiling below, and the floor was covered with thick black fungus, which was malodorous. 5. There were three missing windows, which allowed insects, rain, wind, and cold to enter the premises. 6. The property was infested with bats. 7. The property was infested with roaches. 8. The handrail on the stairs was broken. 9. There were missing or broken electrical socketB throughout the property. 10. The front door was broken and did not open or close properly, and could not be secured. 1l. The first floor bathroom door was broken and did not open or close properly, and could not be secured. c. August Because of continuous tenant complaints to the PlaintiffB and to the Borough, the Borough Bcheduled an inspection which precipitated the Plaintiffs' fixing two of the three windows, the two doors, the second floor bathroom floor, and the electrical socksts, but not the following: 1. One missing window. 2. Ths broken handrail. 3. The kitchen floor. 4. Eliminating the bat infestation. 5. Eliminating the roach infestation. D. September 1. One missing window. 2. The kitchen floor. 3. The downstairs toilet continually malfunctioned. 4. The bat infestation. 5. The roach infestation. October 1. One missing window. 2. The kitchen floor. 3. Ths downstairs toilet continually malfunctioned. 4. The bat infestation. 5. The roach infestation. E. F. November 1. One missing window. 2. The kitchen floor. 3. The downstairs toilet continually malfunctioned. 4. The bat infestation. 5. The roach infsstation. G. December 1. One missing window. 2. The kitchen floor. 3. The downstairs toilet continually malfunctioned. 4. The bat infestation. 5. The roach infestation. H. January 1. One missing window. 2. The kitchen floor. 3. The downstairB toilet continually malfunctioned. 4. The bat infestation. 5. The roach infestation. I. February 1. One missing window. 2. The kitchen floor. 3. The downstairs toilst continually malfunctioned. 4. The bat infestation. 5. The roach infestation. J. March l. One missing window. 2. The kitchen floor. 3. The downstairB toilet continually malfunctioned. 4. The bat infestation. 5. The roach i~feBtation. K. April 1. One missing window. 2. The kitchen floor. 3. The downstairs toilet continually malfunctioned. 4. The bat infestation. 5. The roach infestation. L. May 1. One missing window. 2. The kitchen floor. 3. The downstairs toilet continually malfunctioned. 4. The bat infestation. 5. The roach infestation. Jessica Gorbey and her roommates in order to try to make the leaBed premises somewhat fit for human habitation, secured and paid for the services of a plumber to make at least some basic repairs BO that she and her roommateB could use the kitchen sink and the downstairs bathroom because despite repeated requests ~rom day one (1) the Plaintiffs never showed or Bent anyone on their behalf to remove the previous tenants or their belongings, to do an inspection, or to do anything whatsoever to correct the problems hereinabove until the Borough of Shippensburg was contacted. The Plaintiffs then only fixed two windows because after the aforesaid letters from Jessica Gorbey to the Plaintiffs failed to cause the Plaintiffs to make the needed repairs or replacements, Jessica Gorbey was finally Buccessful in getting the Borough to send an Official out to do an inspection, but the Borough was never successful in getting the Plaintiffs to replace one window, to repair the kitchen floor, or to do anything about the bats or to spray for roaches more than once. After the Borough was called a second time the Plaintiffs did put a piece of plexiglass in the living room window in February, but still never replaced the third window. The Plaintiffs never really fixed the second floor bathroom floor, but simply covered it with carpsting. During he entire tenancy the Plaintiffs refused to repair the holes in the walls and the floors, or to otherwise patch-up after fixing the doors, the electrical sockets, and some plumbing so Jessica Gorbey secured the services, at her own expense, of a professional painter to plaster, spackle, and paint five rooms in the home, and in addition, she cleaned and polished all the hardwood floors in the downstairs, as well as painted and repaired the upstairs bathroom, including hanging new towel racks. Jessica Gorbey also steam cleaned the only two carpets in the entire house. Jessica Gorbey then is not responsible for any damages to the leased premiaes, and is not responsible for having to clean the premises since any "cleaning" that was necessary was the responsibility of the landlord for having failed to make the leased premises habitable at the beginning of the Lease. f H I I JesBica Gorbey ie not rssponBible for paying any more rent than has been paid, and for any utilities that had to be paid because the costs for heating the premissB, for heating the water for the premises, the electricity for the premises, the gaB for the premises, the sewer charges for the premisss, and the water consumption for the premises were inflated and excessive because of the Plaintiffs' failure to have in good working order all of the items hereinabove set forth. Jessica Gorbey is not responsible for any fine paid to the Borough by the Plaintiffs in as much as th~ violation was not hers, but was that of either the previous tenants or the Plaintiffs who left the leased premises in the Bhambles as above described. Jessica Gorbey is not responBible for the Lowes bill for carpet and supplies for replacement since there were only two carpets in the house and she did the best that could be done in Bteam cleaning them in order for her to even live in the premises. Jessica Gorbey is not responsible for any cleaning supplies from K-Mart in as much as any cleaning supplies used by the Plaintiffs were their own responsibility for never having made the premises habitable at the beginning of the Lease. Jessica Gorbey is not responsible for any charges for disposal of garbage and junk at the Cumberland Land Fill in as much as any garbage or junk that had to be disposed of was the garbage or junk left by the landlord or the previous tenants as above Bet forth. Any expense for carpet tacks from Psg and Fagan Hardware is not the responsibility of Jessica Gorbey, but on the contrary, for all the reasons hereinabove set forth, are solely the responsibility of the Plaintiffs. Jessica Gorbey is not responsible for the replacement of four keys in as much as the Plaintiffs had threatened her and adviBed her that if she would vacate the premises within thirty (30) days that they would secure the premises. Jessica Gorbey is not responBible for any landlord labor in as much as the Plaintiffs leased her prsmises which were unfit for human habitation, and otherwise in violation of various ordinances and laws as hereinabove set forth. Jessica Gorbey iB not responsible for any clean-up assiBtance on June 1, 1996 in the amount of Four Hundred Dollars ($400.00) or any other amount in as much as it was the obligation of the Plaintiffs to provide a dwelling fit for human habitation in full compliance with the various ordinances and laws as hereinabove set forth. Jessica Gorbey is not responsible for any late fees in as much as any sums paid to the Plaintiffs by her and her roommates were far and above the value of the leased premises ae compared to the representations made by the Plaintiffs who assured her and her roommates when he walked them through the premises prior to their assuming occupancy, which was prior to the commencement of the Lease, that any and all items hereinabove set forth that did not meet the requirements of the Borough or the Commonwealth of Pennsylvania would be rectified. Jessica Gorbey is not responsible for any of the claims made by the Plaintiffs against her in paragraph four (4) because the Plaintiffs were in violation of the Statutes of the Commonwealth of Pennsylvania and Pennsylvania Rules of Court having to do with landlords and tenants. The Plaintiffs as landlords failed and refused to provide the requisite notice to Jessica Gorbey that they were not returning her security deposit stating the specific reasons why and the costs for repairing any damages to the leased premises which the Plaintiffs were charging her with being responsible for within the requisite time period provided by law. 5. Denied as stated. What the Plaintiff/Husband filed in District Justice Court and what District Justice Donald W. Dale did is irrelevant, inflammatory, prejudicial, and otherwise improperly brought in this court and should be stricken in as much as this proceeding is de novo. 6. Denied as stated. What the other former tenants, McNeliuA, Heidel, and Papoutsis all~gedly did, or did not do according to the Plaintiff/Husband is irrelevant, inflammatory and prejudicial in as much as the instant action is allegedly a landlord/tenant complaint by the Plaintiffs against Jessica Gorbey in the Court of Common Pleas of Cumberland Pennsylvania even if the Plaintiffs have labeled it a District Justice Appeal and as such this paragraph should be stricken. 7. Denied. The oontents of said Lease Agreement speak for themeelve., but the Plaintiffs' characterization that there is any balance due for rent and costs of repairs and clean-up are epecifically denied for all the reasons herein set forth. 8. Denied ae etated. While the Plaintiffs should give oredit againet their claim for the sum of six Hundred Seven Dollare and Fifty Cent. ($607.50), their allegation that Judgment had been entered by the District Justice is irrelevant, inflammatory, and prejudicial, and should therefore not have been inoluded in the Complaint in as much as this is a de novo matter in which the Plaintiffs allegedly are suing Jessica Gorbey allegedly ae a result of a breach of their Landlord Tenant relationship. 9. Denied as etated. For all the reasons herein set forth, Je..ica Gorbey i. not obligated to the Plaintiffs in any .um, and/or for any interest and costs, and on the contrary, for all the rea. one herein set forth, including the New Matter and Counterolaim., it is the Plaintiffs who are indebted to her. 10. Denied as stated. Jessica Gorbey is not obligated to pay anything to the Plaintiffs because there is no balance due and owing to the Plaintiffs for all the reasons herein set forth, and for all the reasons set forth in her New Matter and Counterclaims. WHEREFORE, the Defendant, Jessica Gorbey, prays your Honorable Court to dismiss the Plaintiffs' Complaint. HEW MATTER 11. Jessica Gorbey hereby incorporates by reference her Answers to paragraphs one (1) through ten (10) above as though set forth in full. 12. The Plaintiffs have failed to comply with Pennsylvania Rule of Civil Procedure 10S4(a) and (b) in that no legal description of the land is included in the Complaint, and no abstract of title is attached to the Complaint1 therefore the Complaint should be dismissed. 13. The Plaintiffs did not have a valid certificate of occupancy for Jessica Gorbey's former dwelling, and if they did, they should not have had same, and if they did, in order to keep the certificate of occupancy valid they had to comply with the Borough of Shippensburg's ordinances and directives after its inspection in August of 1997, which the Plaintiffs failed and refused to do during the entire term of occupancy by Jessica Gorbey, and therefore the Plaintiffs are entitled to no recovery of any rent, since there was either no certificate of occupancy, or if there was a certificate of occupancy it was either invalid or became invalid for all the reasons herein set forth. 14. Since the inception of the Lease between the parties, the Plaintiffs had failed to maintain the premises in a habitable condition as herein set forth. 15. There were numerous deficiencies in Jessica Gorbey's former dwelling which constituted numerous violations of the implied warranty of habitability which included, but were not limited to, all of the allegations herein set forth. 16. Aa a result of the numerous violations of the implied warranty of habitability, the Plaintiffs are barred from seeking any rent or alleged damages to the extent of the reduced value of the premises due to those violations, which value was less than the monies r~ceived by the Plaintiffs. WHEREFORE, Jessica Gorbey prays this Honorable Court to diemiaa Plaintiffs' Complaint. COUNTERCLAIM JESSICA GORBEY v. SHAlo!H FREY and JULIE FREY COUNT I BREACH OF COHTRACT AND NOW, comes Jessica Gorbey, Jessica Gorbey, who represents as follows: 17. Jessica Gorbey is Jessica Gorbey an adult individual who resides at 26 East Burd Street, Shippensburg, Pennsylvania 17257. lB. The Defendants on the Counterclaim are Shawn Frey and Julie Frey adult individuals who reside at 99 Sky View Drive, Shippensburg, Pennsylvania 17257. 19. On or about the 9th of May, 1996, the Defendants on the Counterclaim entered into a Lease Agreement which they had prepared with Jessica Gorbey and three other adult individuals which provided that they were leasing to her and her roommates 301 East Burd Street, Shippensburg, Pennsylvania for the term of one year beginning on June 1, 1996 at the annual rent of Seventy Eight Hundred Dollars ($7,BOO.00) payable in monthly installments of Six Hundred and Fifty Dollars ($650.00) a month, a copy of which has been attached by the Defendants on the Counterclaim to the their Complaint as Exhibit "A". At or about the time that Jessica Gorbey signed the aforesaid Lease Agreement, Mr. Frey on behalf of himself and Mrs. Frey, the other Defendant on the Counterclaim walked Jessica Gorbey through the premises promising her that if she and her roommates would sign the aforesaid Lease that before she occupied the premises that the then tenants would be physically out of the premises, and that the premises would be clean and suitable for her, and that the damage to the floor and walls would be fixed, and that all systems would be functioning properlY1 however on June 1st and June 2nd the property was not as promised, but on the contrary, was in the condition as set forth in the Jessica Gorbey's Answer to paragraph four (4) of the Complaint, and continued to be in a condition that was contrary to what was supposed to have been the condition of the premises during the entire term 01 the Lease, as more specifically set forth in Jessica Gorbey's Answer to paragraph four (4) of the Complaint except for the work done by, or on behalf of Jessica Gorbey, as more specifically set for in her Ans~ers to the Complaint which are incorporated herein as though fully set forth at length. 20. Jassica Gorbey and her roommates made numerous telephone calle to the Freys, sent them numerous letters, and sought the assistance of the Borough Officials to make the Freys comply with the Borough's ordinances and the Commonwealth's Statutes and Rules and various provisions of the Lease, including paragraph four (4) which described the premises as a personal residence to be occupied by her in a manner not contrary to any law. 21. Said Lease further indicates that equipment for utilities to serve those premises had been installed, including heat, hot water, electricity, gas, sewer, and water, and even anticipated at paragraph six (6) that repairs might be necessary, and that Jessica Gorbey according to paragraph seven (7) would use due care in her use of the premises and the appliances therein, and to notify the Freys of the need for repair. 22. At paragraph seven (7), the Freys were to make the necessary repairs to the premises and the appliances therein within a reasonable time after Jessica Gorbey had notified them to do so. 23. At paragraph eight (8), the Freys agreed to be reoponsible for any damage or injury which resulted from their negligence. 24. At paragraph nine (9), the Freys promised to abate the rent proportionately until the premises were ready to be occupied as Jessica Gorbey's residence. 25. Even though the Freys promised not to enter the premises without Jessica Gorbey's prior consent, Mr. Frey continually at all hours of the day and night, without justification, and without prior notice, entered her residence for reasons unknown, because as hereinabove set forth, he certainly didn't make all the repairs that were needed, but simply entered for reasons known only to him. 26. Despite the Frey's promise to the contrary in paragraph eighteen (18) not to discriminate on the basis of age, they breached said promise by treating Jessica Gorbey and her roommates as if they had no civil rights as citizens of the United States, the Commonwealth of Pennsylvania, and the Borough of Shippensburg, for all the reasons hereinabove set forth. WHEREFORE, Jessica Gorbey, Plaintiff on the Counterclaim, demands judgment in her favor and against the Defendants on the Counterclaim, Shawn Frey and Julie Frey, in an amount less than Fifty Thousand Dollars ($50,000.00). COUNT II BREACH OF WARRANTY 27. Jessica Gorbey hereby incorporates by reference her allegations in paragraphs one (1) through twenty-six (26) above as though set forth in full. 28. Since the inception of the Lease between the parties, the Freys have failed to maintain the premises in a habitable condition as set forth in paragraph four (4), and as a result have violated the implied warranty of habitability. 29. Jessica Gorbey is entitled to recoup an abatement in an amount equivalent to the reduced value of the premises due to the numerous violations of the implied warranty of habitability. WHEREFORE, Jessica Gorbey respectfully prays this Honorable Court to dismiss the Plaintiffs' Complaint and enter Judgment in her favor and against the Plaintiffs for at least One Thousand Five Hundred Eighty Four Dollars and Fifty Cents ($1,584.50). COUNT III VIOLATIOH OF MUNICIPAL ORDIHANCES AND/OR DIRECTIVES 30. Jessica Gorbey hereby incorporates by reference her allegations in paragraphs one (1) through twenty-nine (29) above as though set forth in full. 31. Since the inception of the lease between the parties, the Freys have failed to obtain a certificate of occupancy for the leased premises, or if they had obtained a certificate of occupancy, said certificate of occupancy was either invalid, invalidated, or provisional in that the Borough of Shippensburg ordered the Freys to make certain repairs as hereinabove set forth, which the Freys failed and refused to do during the entire tenancy of Jessica Gorbey. Therefore, Jessica Gorbey is entitled to recoup all rent paid, or paid on her behalf, in accordance with her rights as a tenant in the Borough of Shippensburg. WHEREFORE, Jessica Gorbey respectfully prays this Honorable Court to dismiss the Plaintiffs' Complaint and enter Judgment in favor and against the Plaintiffs for at least One Thousand Five Hundred Eighty Four Dollars and Fifty Cents ($1,584.50). COUNT IV BREACH or COVEHAHT or QUIET EHJOYMENT 32. Jessica Gorbey hereby incorporates by reference her allegations in paragraphs one (1) through thirty-one (31 above as though set forth in full. 33. Pursuant to the parties' Lease, Jessica Gorbey was entitled to quiet enjoyment of the leased premises which the Freys continually failed and refused to afford her. 34. The Freys repeatedly violated their covenant of quiet enjoyment by conduct inCluding, but not limited to, entering the premises and staying for long periods of time at unreasonable hours, and without prior notice to Jessica Gorbey. WHEREFORE, Jessica Gorbey prays this Honorable Court to grant Judgment in her favor and against the Plaintiffs in the sum of at least One Thou~and Five Hundred Eighty Four Dollars and Fifty Cents ($1,584.50). COUNT V STATUTORY VIOLATION 35. Jessica Gorbey hereby incorporates by reference her allegations in paragraphs one (1) through thirty-four (34) above as though set forth in full. 36. The Plaintiffs' conduct in pursuing, without any legal grounds, this frivolous action against Jessica Gorbey both in the District Justice Court and in the Court of Common Pleas is dilatory, obdurate, and/or vexatious conduct entitling her to attorney's fees and Gosts pursuant to 42 Pa.C.S. 2503. WHEREFORE, Jessica Gorbey prays this Honorable Court to grant Judgment in her favor and against the ~laintiffs in an amount not in excess of Fifty Thousand Dollars ($50,000.00) COUNT VI VIOLATION OF STATUTE 37. Jessica Gorbey hereby incorporates by reference her allegations in paragraphs one (1) through thirty-six (36) above as though set forth in full. 38. The Freys' conduct in pursuing, without any legal grounds, this frivolous action against Jessica Gorbey both in District Court and the Court of Common Pleas constitutes wrongful use of civil proceedings pursuant to Pa.C.S. 8351 entitling her to recover for expenses including attorneys, fees, costs, pecuniary loss, emotional stress caused by the proceedings, and punitive damages pursuant to Pa.C.S. 8353. WHEREFORE, Jessica Gorbey prays this Honorable Court to grant Judgment in her favor and against the Plaintiffs not in excess of Fifty Thousand Dollars ($50,000.00) COUNT VII VIOLATIOH OF STATUTE 39. Jessica Gorbey hereby incorporates by reference her allegations in paragraphs one (1) through thirty-eight (38) above AS though set forth in full. 40. The Freys' conduct in demanding and collecting rent in violation of the ordinances of the Borough of Shippensburg and the Commonwealth of Pennsylvania constitutes a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law 73 P.C.S. Section 201-1 et seq.. 41. Jessica Gorbey is entitled to statutory damages, treble damages, attorney's fees and costs, and other remedies provided for under the Unfair Trade Practices and Consumer Protection Law including separate damages for each of the violations of the act by the Plaintiffs. WHEREFORE, Jessica Gorbey prays this Honorable Court to grant Judgment in her favor and against the Plaintiffs not excess of Fifty Thousand Dollars ($50,000.00) Respectfully Submitted, 'U~ ~~A-- GbRBEY .. YBRIFICA'l'IOH I, JESSICA GORSBY, verify that the facts set forth in the foregoing Answer with New Matter and Counterclaim are true and correct to the best of her knowledge, information And belief, and that thi~ statement is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. ~~~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHAWN FREY Ilnd I NO. 97-5603 JULIE FREY, CIVIL TERM Plaintiffs I v. I I JESSICA GORBEY I CERTIFICATIOH OF SERVICE I, JESSICA M. GORBEY, certify that I served a copy of the Answer with New Matter and Counterclaim in the above-captioned matter upon the Plaintiffs' attorney, Dale F. Shughart, Jr., Esquire, at 32 East High Street, suite 203, Carlisle, Pennsylvania 17013 by first class mail postage prepaid on the I~ day of December, 1997. ~tA~GO~ vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ~ n - 5<Co3 (IV'/ I Uvn District Justice Appeal SHAWN FREY. Plaintiff JESSICA GORBEY, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU LEGAL HELP. IF YOU DO TELEPHONE CAN GET Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 SHAWN FREY and JULIE FREY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. JESSICA GORBEY, Defendant District Justice Appeal COMPLAINT AND NOW, comes the Plaintiff, Shawn Frey, by his attorney, Dale F. Shughart, Jr., Esquire and represents as follows: 1. Plaintiffs are Shawn Frey and Julie Frey, adult individuals, who resides at 99 Sky View Drive, Shippensburg, Pennsylvania 17257. 2. Defendant is Jessica Gorbey, an adult individual, who resides at 26 East Burd Street, Shippensburg, Pennsylvania 17257. 3. Plaintiffs, owners of the premises at 301 East Burd Street, Shippensburg, Pennsylvania leased the premises to the Defendant, Chad McNelius, Eileen Heidel and George Papoutsis for the period from June 1, 1996 through May 30, 1997. A true and correct copy of the Lease Agreement is attached hereto, made a part hereof and marked Exhibit "A". 4. During the term of the Lease the Defendants failed to make payment of the rent and utilities due and owing and vacated the premises at the termination of their Lease without properly cleaning it and causing damages to the leased premises. Attached hereto, made a part hereof and marked Exhibit "B" is a summarization of the rent and utilities due and owing together with cost of cleaning and repairing the damages caused to the premises by the tenants. 5. Plaintiff, Shawn Frey, filed an action before District Justice Donald W. Daihl which resulted in a judgment being entered in favor of the Plaintiff and against the Defendants, jointly and severally, in the sum of Two Thousand Nine Hundred Eleven ($2,911.37) and 37 cents. 6. Former tenants McNelius, Heidel and Papoutsis did not appeal the District Justice judgment. 7. Provisions of the Lease Agreement, Exhibit "A" provide that all four tenants are jointly and severally liable for payment of the entire balance due of the rent and for the costs of repairs and clean up. 8. Plaintiffs have received a payment of Six Hundred Seven ($607.50) Dollars and 50 cents since judgment was entered by the District Justice. 9. The Defendant Jessica Gorbey is obligated to the Plaintiffs in the sum of Two Thousand Three Hundred Three ($2,303.87) and 87 cents, together with interest and costs of suit. 10. Defendant has failed to pay the balance due and owing to the Plaintiff. WHEREFORE, Plaintiffs, Shawn Frey and Julie Frey, pray Your Honorable Court to enter judgment in favor of the Plaintiff and against the Defendant in the sum of Two Thousand Three Hundred Three ($2,303.87) Dollars and 87 cents, together with and cost of suit. 203 VERIFICATION Shawn Frey hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge. information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsifications. DATE: November 7, 1997 -<~ ~t::; 5>0 ;I\~ DATE APARTMEJIT TERM BEGIIIS MOIITHL1' RENT SECURITY DEPOSIT ~hLq{, ",0/ t 6/1/9(, y'" tf,y.. . c- .. 6)0 ca .r-d ':if. 6.>0 ::::; . THIS LEASE, made this q~' day of /J17 19 91 BETWEEN SJ4t~1\ 411J j...../,t. Fr-J the Landlord, AND Je ~~I'A r; ~ ~J-"j, au,) /JJI' A1,,{~, ~,~/un j./p )'0 G~o'Ye~ (hereinafter whether one or more, referred to as "Resident"), jointlyand severally) WITNESSETH: that Landlord hereby leases to tenant and the latter lets from the former, the apartment designated as No. 30/ C Jl..r-j 51. Pennsylvania, hereinafter called the "premises" for the term of 011e. H.. 't'" beginning on the / day of ::!ZIt> (. , 19 9{ at the rent of .<:"VN. '11(>...<11) E.,it /ltJ<"oj~j Dollars ($ 78'00. o~ ) J per S/~ JOt f~Q r- J /t.A/,J rd . -r,~m payable in monthly installments of: Dollars ($ 6~O .~ ) each on conditions, /:f1Iy jJ1011 -( h _c;~~" 1 /,./ ,., fi. ../ I 'Jt.n covenants and agreements: /s1 oJ I 1AL 99 SI:'fV!(~ r:!,.... in advance at the office of This letting is upon the following RENTAL PA'l'MENTS- LAn Ull DAJ.l CHECK CHARGES 1. Resident agrees to pay to Owner or Agent the monthly rate set forth above on the first day of each month, in advance, at the Rental Office of Owner or Agent or such other place as Owner or Agent may from time to time request. Resident further agrees to pay a late payment charge of $25.00 (TWENTY-FIVE DOLLARS) per month of the amount of rent in default on the tenth (10) day of each month. If rental is mailed, the postmark date will determine the date of payment. If any check for rent is returned to Owner or Agent for insufficient funds or other reason, late charges will continue until rent is actually paid by Resident. Page 1 "A " ex J I , IJ I i - TERMINATION III OWNER QB AGENT lWl% INCREASES 2. OWner or Agent may terminate this lease without cause by giving ~o days' prior written notice to Resident, but no termination by Owner or Agent without cause may take effect during the initial /J /1.". ,fj term of the lease. 3. OWner or Agent may increase the monthly rent or change the terms of this lease on written notice to Resident given at lease r. -1 flV~ (45) days in advance of the first day of the month iJ which the increase in rent or change in lease terms is effective, but OWner or Agent may not make an increase or change in the lease terms which will take effect during the initial ':. /"'- .-A _ term of the lease. The rent increase or change in lease terms shall take effect in the manner specified by Owner or Agent unless Resident shall terminate the lease as provided in paragraph 3 within ten (10) days after notice of a rent increase or change of lease terms is given by Owner or Agent. This lease shall continue under the same terms and conditions as stated herein unless either party shall give notice in writing to the other party at least ~O days prior to the end of this lease of his intention to terminate the lease agreement or continue same under changed terms or conditions. - Resident agrees to use the apartment only as the personal residence of Resident and their children, and not to assign this lease or sublet the apartment. Resident agrees not to alter or make additions to the apartment, its painting or its fixtures and appliances without Owner's or Agent's written consent. Resident agrees not to do or to permit any act or practice injurious to the building, which may be unreasonably disturbing to other residents, which may affect the insurance on the building, or which is contrary to any law. 5. Resident understands that the equipment for utilities to serve UTILITIES the premises is installed therein and Resident agrees that the cost of the utilities shall be paid as follows: un 2l PREMISES 4. Heat for premises to be paid by J;:" "'/1 J Heat of water for premises to be paid by ~"" f Electricity for premises to be paid by 7;.. A/. 1 Gas for premises to be paid by -r.: ~ (/'I'h Sewer charge to be paid by /G-. n: -I Water consumption to be paid by 7:.'1"1.' f (If paid by Owner or Agent then Resident shall have a maximum allowance of per quarter. Any amount in excess of allowance shall be paid by Resident.~~ / ." Page 2 Ilf)-;" llU ~ APARTMEII'r - RESPONSIBILITY DAMAOI!: ONJIBR QB AOI!:JIT'S RESPOlfSIBILITY DAMAGE III UBI Other: 11'-..../. - to be paid by Il'/I~"....., to be paid by 6 . Resident agrees that Owner or Agent shall have the right temporarily to stop the service of electricity or water in the event of accident affecting the same or to facilitate repairs or alterations made in the premises or elsewhere in Owner's or Agent's property. Owner or Agent shall have no liability for failure to supply heat, air conditioning, hot water or other services or utilities when such failure shall be beyond Owner's or Agent's control or to enable Owner or Agent to service or repair installations. Resident agrees to use due care in the use of the apartment, the appliances therein, and all other parts of OWner's or Agent's property, to give notice to Owner or Agent of the need repair thereof, and to pay for all repairs to the apartment, its contents, and to all other parts of Owner's or Agent's property which are necessitated by any act or lack of care on the part of Resident, members of Resident's family, or his visitors. OWner or Agent will make necessary repairs to the apartment and the appliances therein within a reasonable time after Resident notifies Owner or Agent of the need for repairs. 7, Resident agrees that Owner or Agent shall not be liable for property damage or personal injury occurring in the apartment or elsewhere on Owner's or Agent's property unless the damage or injury results directly from Owner's or Agent's negligence. If, due to circumstances beyond the Owner's or Agent's control, the premises shall not be ready for occupancy at the beginning of the term, thiR lease shal1 nevertheless remain in effect and the rent shal1 be abated proportionately until the premises are so ready, and Owner or Agent shall not be liable for delay: provided, that if the premises shall not be ready for occupancy sixty (60) days after said beginning, Resident shall have the right to cancel this lease by written notice delivered to Owner or Agent at any time after the expiration of said sixty (60) days, but not after the premises are ready for occupancy. Resident's remedy shall be limited to such right of cancellation, and upon such cancellation, neither party shall have any further right against the other, save that Owner or Agent shal1 repay any deposits made by Resident. If Resident shall occupy the premises prior to the beginning of the term, such occupa~cy shall be subject to the terms of this lease, and Resident shall pay prior to occupying the premises rent for the same period from the date of such occupancy to the beginning of said term. 10. If the apartment is damaged by fire or other casualty, Owner or Agent shall repair it within a reasonable time and rent shall continue unless the casualty renders the apartment Page 3 II A-.7" B. 9. Owner or Agent, or any person authorized by him, with the prior specific consent of Resident, which consent shall not be unreasonably withheld, shall have the right to enter the apartment at reasonable times to inspect, make repairs, or alterations as needed, to enforce thie lease and, after notice of termination is given, to show the apartment to prospective residents; provided, however, that Resident's consent shall not be necessary in case of emergency. 12. Resident agrees to pay the security deposit set forth above prior to occupancy of the apartment. The security deposit shall be held by Owner or Agent as security for the payment of all rent and other amounts due from Resident to Owner or Agent, for the Resident's performance of this lease, and against any damages caused to the apartment or any other part of owner's or Agent's property by Resident, his family and guests. Resident understands and agrees that the security deposit may not be applied as rent or against any other mount due from Resident to Owner or Agent, without Owner's or Agent's written consent, and that the monthly rent will be paid each month, including the last month of the lease term. Within thirty (30) days following termination of this lease, Owner or Agent shall return the security deposit, less and deductions from it on account of amounts owed by Resident to Owner or Agent, to Resident by check payable to all persons signing this lease mailed to a forwarding address which must be furnished by Resident in writing. RESIDENT IS ADVISED TO BE AWARE OF HIS RIGHTS UNDER "THE LANDLORD AND TENANT ACT OF 1951', ACT OF APRIL 5, 1951, P.L. 69, AS AMENDED BY THE ACT OF DECEMBER 29, 1972, P.L.--, NO. 363. 13. This lease confers no rights on Resident to use for any purpose any of the property of Owner or Agent other than the interior of the apartment hereby leased, except the walks and roadways giving access thereto and such other areas, if any, as Owner or Agent may from time to time designate for the use of residents. When the use by Resident of any other portion of Owner's or Agent's property is permitted, it shall be subject to the rules and regulations established by Owner or Agent. If Resident shall fail to pay rent or any other sum, to Owner or Agent when due, shall default in any other provisions of this lease, or shall remove or attempt to remove his possessions from the premises before paying to Owner or Agent Page 4 "A-F' 11. OWNER'S RIGHT Q[ EN'l'Rt SECURITt DEPOSIT ll.U Q[ EXTERIOR 14. OWNER' S QB AGENT'S RIGHTS untenantable in which case this lease shall terminate and Resident, upon payment of all rent to the date the apartment is surrendered, shall not be liable for any further rent. If only a portion of the apartment is rendered untenantable, alternatively choose to continue in possession and shall thereupon be entitled to a pro rated reduction in the amount of rent, provided that election to proceed under this alternative shall not be a waiver of the Resident right to terminate the lease if repairs are not made within a reasonable time. 15. REGULATIONS 16. SUBORDINATION 17. nil DBH "RESIDEIfT" lB. EOUAL HOUSING OPPORTUNITY all rent due to the end of the lease term, Owner or Agent, in addition to all other remedies provided by law, may: (a) discontinue utility service provided by owner; (b) terminate this lease; (c) bring an action to recover possession of the premises; (d) bring ~n action to recover the whole balance of rent, and other charges due hereinunder, of whatever kind and nature, together with any and all consequential damages caused by Resident's default, including reasonable ~ttorney's fees and court costs. RESIDENT AGREES THAT HE WILL COMPLY AND PROCURE COMPLIANCE OF MEMBERS OF HIS FAMILY, AND HIS GUESTS WITH THE OCCUPANCY REGULATIONS WHICH ARE PRINTED HEREON AND WHICH ARE ATTACHED. This lease is subject and subordinate to the lien of all mortgages now or at any time hereinafter placed upon any part of OWner's or Agent's property which includes the apartment, to extensions or renewals thereof, and to all advances now or hereafter made on the security thereof. Resident agrees, upon request, to execute such further instruments evidencing such subordination as Owner or Agent may request, and if Resident fails to do so, Owner or Agent is empowered to do so in the name of Resident. The term "Resident" used herein shall refer collectively to all persons named above, and signing this lease as Resident, and the liability of each such person shall be joint and several. Notice given by Owner or Agent to any person named as Resident, or by any such person to Owner or Agent, shall bind all persons signing this lease as Resident. The civil rights laws of the United States prohibiting housing discrimination on the basis of race, religion, national origin, or color as well as Pennsylvania laws prohibiting discrimination on the basis of race, color, religion creed, ancestry, handicap or disability, age, sex, and national origin, shall be complied with under this agreement, and all parties shall deal in a free and open manner according to those laws. OWNER OR AGENT FOR OWNER: j) l' . '(::)- , " { ;'u, , . J-Jc '.'.!'- (t (SEAL) Resident . .-:.--- .'~ ,\\~_...<.,,- Q.... (SEAL) Res~den't ~ ~ 7?~~ t41~1\~ BY: ~ ~dll \.ll.k r~age 5 " A-Y" ~ 19. No pets will be permitted on the premises unless prior written consent by Agent or Owner. 20. No wAter beds permitted on premises. ,,' PAge 6 \\. , I' A-S . . 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I Do not UN IOf Int.maUonat MY Sse I8Vf1fSfI , ; I. , I , I I 11;}57 I I PoIIllgO $ p",1llgO $ , ./" I i CeflhdF.. /' ~ed Fee ./ i _ DoMrt F.. _ DoMrt F.. I I I I !.{,1 PROOF OF SERVICE OF NOTICE OF APPEAL AND RUL~ TO FILE COMPLAINT I ThIS p,ool 01 SO,.,CO MUST BE FILED WI rWN rEN I WI DA YS AFrfR 1.lIna Iho nollco 01 appoar enock applicable bOUS! COMMONWEAL TH OF PENNSYLVANIA C I '.IVlIr.'J - \ r", r \ COUNTY OF ~u..UO;;:.L l'-'-U-_____ ; II AFFIDAVIT: I hereby swear or .111,,,, that I se,ved g--. copy of the Notice of Appeal. Co",mon Pleas No..lQQ7 - S(,{') <:', upon the Olstrlcl Justice deslgnafed Ihereln on (dal. 01 s.,..co, 0(\ :L._~. 199.l, 0 by personal serVice rn1l'y (certllled) (reglstored) mail, sender's receipt allached h~reto, and upon the appellee, (namdJ ~ hn. 11"'('\ ~-e '1 ' on l.J Q -\- . .~It", 19~ by personal service ~(certl'lEJd) {registered) mall, sonder's receipt. attached her.to. (lYand lurther that I served the Rule 10 File a Compla'nt accc'mpanylng the above Notice 01 Appeal upon theappelleels/ to whom the Rule was addressed on ,()Q \- , \ 0, ' 19~ 0 by porsonal serv,ce!iJ1iY (cerl,IIed) (regIStered) mall, sender's receipt attached hereto SWORN (AFFIRMEO) AND SUBSCRIBED BEFORE ME THIS ~(') DAY OF C:,<L+ .lifJ-.::L J~"h",(\ Y\ ~ \>{\::"--~ '\. S'flnIlIiJl. 0' oll,e,,' b. 4 "'.,t,J. WJT.\;ft' ~t.\l , .~ ,u''/ u lie ShlpepnSt'llq 1~l!q:t'~"dIIJ CO:.II1ty, PA . orr:ni!!:."jlfljl F..,,~:;\": f" \ .. (~~~lk SlgnalufI alaman' \:) '" ':" ;-J ., " 'Yi r,II.ofu"lcl" f ..~ . ~ ~i<, " My comml..lon ex .., ,. .' :.< "..-. . .' SHAWN FREY and JULIE FREY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97-5603 CIVIL TERM vs. JESSICA GORBEY, Defendant District Justice Appeal REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Shawn Frey and Julie Frey, by their attorney, Dale F. Shughart, Jr. and makes the following Reply to Defendant's New Matter. 11. No answer required. 12. The averments of Paragraph 12 state a conclusion of law and no Reply is required. If a Reply is required, the averments are denied. On the contrary, Plaintiff's claim is for monetary damages for breach of lease, not in ejectment. The Plaintiffs have possession of the premises. 13. Denied. On the contrary, Plaintiffs are and have been in full compliance with all requirements of the Borough of Shippensburg for occupancy of the premises in question. Every three years the Borough of Shippensburg routinely inspects rental properties in the Borough. On the regularly scheduled inspection of the premises in question on August 1, 1996, minor violationn were discovered and Plaintiffs were given until February 1, 1997 to correct all deficiencies. From August, 1996 through January, 1997 all deficiencies were corrected and completion confirmed by a follow up inspection by the Borough on February 6, 1997. None of the deficiencies affected the habitability of the premises. 14. Denied. On the contrary, at the time the Defendant received possession of the premises at the inception of the lease, a considerable amount of debris did remain from the prior tenants. During the first three days the Plaintiffs arranged for and in fact removed a dump truck load of debris, cleaned the . . premises, and made repairs requested by the tenants. On the fourth day following the inception of the lease, tenants assumed possession, satisfied with the condition of the premises. In addition to correcting the minor deficiencies observed by Borough inspection, Plaintiffs were repeatedly called to the premises to correct conditions and damages which were caused by the tenants. On six different occasions a plumber was sent to the premises. At no time prior to the lease to these tenants or thereafter has a plumber been required. Plaintiffs believe and therefore aver, based upon information received from their plumbers, that plumbing problems were caused by the tenants putting debris into the drains. Specifically, the tenants were growing various plants and using potting soil and a fish tank. Apparently they were pouring dirt into the drains causing clogs in the plumbing, which nevertheless, Plaintiffs corrected at their expense. Ultimately, when Plaintiff Shawn Frey was attempting to fj,x a storm window he observed marijuana growing in the premises and alerted the Shippensburg Borough Police. Plaintiffs believe and therefore aver that a subsequent search resulted in criminal charges being filed against at least one of the tenants. After these events transpired the tenants caused considerable damage to the premises and left considerable debris at the expiration of their lease. By way of further answer the averments of Plaintiff's Reply to Paragraph 13 of Defendant's New Matter is incorporated herein by reference thereto. 15. Denied. On the contrary, the averments of Plaintiff's Reply to Paragraph 13 and 14 of Defendant's New Matter incorporated herein by reference thereto. 16. The averments of paragraphs 16 state conclusions of law and no Reply is required. If a Reply is required, the averments are denied. On the contrary, except for damages caused by the Defendant and/or her co-tenants, themselves, all of whom are jointly and severally liable under the lease, the premises was habitable from the fourth day following the inception of the VERIFICATION Shawn Frey hereby verifies that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsifications. ~A/~ DATE: December 18, 1997 " , t" '^ . . ..-.0:: -- ~ ~__:& , ~ --- " . SHAWN FREY and JULIE FREY, Plaintiffs vs. I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW 97-5603 CIVIL TERM JESSICA GORBEY, Defendant District Justice Appeal PRBLIMIHARY OBJBCTIONS OP PLAINTIPPS COUNTBRCLAIM DBPBNDANTS TO DBPBNDANT'S COUNTBRCLAIM PLAINTIPP'S COUNTBRCLAIM The Plaintiffs/Counterclaim Defendants, Shawn and Julie Frey, by their attorney, Dale F. Shughart, Jr., Esquire, file the following Preliminary Objections to Defendant's Counterclaim. I. DEMURRER A. DEMURRER TO ALL CLAIMS OF COUNTERCLAIM PLAINTIFF, JESSICA GORBEY, AS TO COUNTS I THROUGH VII, INCLUSIVE. 1. Counts I through VII of the Counterclaim fail to state a cause of action against the Plaintiffs, as more specifically stated below. B. DEMURRER TO COUNT I OF THE COUNTERCLAIM. 2. Although Count I is styled as "Breach of Contract" the claim stated is an alleged violation of civil rights for which no legal or factual basis exists. 3. No specific items of liquidated damage are alleged. C. DEMURRER TO COUNT II OF THE COUNTERCLAIM. 4. Count II of the Counterclaim is styled "Breach of Warranty", however, no specific items of liquidated damage are alleged. 5. The law of the Commonwealth ot Pennsylvania requires tenants occupying rental premises alleged to be uninhabitable to proceed with a course of action during the term of the lease, with whi~h Counterclaim-plaintiff has failed to plead compliance. D. DEMURRER TO COUNT III OF THE COUNTERCLAIM. 6. Count III of the Counterclaim is styled "Violation of Municipal Ordinances and/or Directions". The law of the Commonwealth of the Pennsylvania does not provide private citizens a remedy for breach of municipal ordinances. 7. No specific items of liquidated damages are alleged. E. DEMURRER TO COUNT IV OF THE COUNTERCLAIM. 8. Count IV alleges a breach of contract, specifically of a covenant of quiet enjoyment. The counter-claim fails to state a factual basis upon which Plaintiff could recover. 9. No specific items of liquidated damage are alleged. F. DEMURRER TO COUNT V OF THE COUNTERCLAIM. 10. Counterclaim Plaintiff claims counsel fees pursuant to 42 Pa.C.S. 2503. However, Counterclaim Plaintiff fails to allege that she has incurred any counsel fees. 11. Count V of the Counterclaim fails to cite a separate cause of action. The claim for counsel fees as authorized by 42 Pa.C.S. 2503 is an item of damage, not a separate cause of action. 12. No specific items of liquidated damages are alleged. G. DEMURRER TO COUNT VI OF THE COUNTERCLAIM. 13. Count VI claims a violation of 42 Pa.C.S. 8351, abuse of civil process. A callse of action for abuse of civil process is only available when proceedings in issue have been resolved in favor of the claimant. In this case, the Plaintiff/Counterclaim Defendants claim against Defendant for damages is at issue. H. DEMURRER TO COUNT VII OF THE COUNTERCLAIM. 14. Count VII alleges a violation of 73 Pa.C.S. ~201-1 et seq. However, Plaintiff has failed to allege a factual or legal basis upon which recovery could be made. 15. No specific items of liquidated damage are alleged. WHEREFORE, Plaintiffs/Counterclaim Defendants pray that Counts I through VII, inclusive, of Counterclaim be dismissed and judgment entered in favor of Counterclaim Defendants and against Counterclaim Plaintiff. II . MOTION TO STRIKE THE COMPLAINT FOR LACK OF CONFORMITY TO LAW AND/OR RULE OF COURT. 16. Pa. R.C.P. 1019 and 1021 require that liquidated damages be specifically pleaded. In Counts I through VII, inclusive, Counterclaim Plaintiff fails to state any claim for liquidated damages. 17. Rule 1021(b) prohibits Plaintiffs from requesting a specific sum in unliquidated damages. Counts I through VII inclusive of the Counterclaim allege specific amounts of unliquidated damages. 18. Rule 1021 requires that, in accordance with Cumberland County Rules of Court, claims shall state whether or not the amount claimed exceeds the jurisdiction for compulsory arbitration. Counts I through VII, inclusive, of Plaintiffs Counterclaim failed to comply with Rule 1021 or Cumberland County Local Rules, in regard to compulsory arbitration. 19. Rule 1022 requires that separate Paragraphs, as far as practicable, contain only one material allegation. Numerous allegations of the Counterclaim, Counts I through VII, inclusive, especially the averments of Counterclaim Plaintiffs Answer, which are incorporated into the Counterclaims, allege multiple facts in single paragraphs in a disorganized and confusing manner. WHEREFORE, Counterclaim Defendants pray Your Honorable Court to strike the Plaintiff's Counterclaim for failure to comply with the Pennsylvania Rules of Civil Procedure. III. MOTION FOR MORE SPECIFIC COMPLAINT. 20. Defendant's Counterclaim, Counts I through VII, inclusive, fails to state the material facts alleged in a concise and summary form as required by Pa.R.C.P. 1019. 21. Counts I through VII of the Plaintiffs' Counterclaim, inclusive, fail to make specific averments of time, place or items of special damage as required by Pa.R.C.P. 1019. . vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97-5603 CIVIL TERM SHAWN FREY and JULIE FREY, Plaintiffs JESSICA GORBEY, Defendant District Justice Appeal CERTIFICATE OF SERVICE AND NOW, this 22nd day of December, 1997, 1/ Dale F. Shughart, Jr., attorney for Plaintiffs, hereby certify that I have served a copy of a true and correct copy of Plaintiffs' Reply to New Matter and Preliminary Objections to Counterclaim by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Jessica Gorbey 26 East Burd Street Shippe..burg, PA 112~ F 5''7~ JAH-22-98 THU 9:~a 0 - -.... P.02 IN nit: (,'OUIH OH':OMMON PI.EAS OF CUM13ERJ.AND COUNTY. PENNSYLVANIA CIVIL ACTION -I.AW SHAWN FREY and JllI.11.: fo'RI:Y. Plainli 115 No, 97.5603 vs. JESSICA GORBEY, Dcli:nuanl DISTRICT JlJSTICli APl'liAI. PRELlMNARY OIIJECTIONS (W .Jt:SSICA GORBEY TO PI.AI~TIf''''S' R.:Pl.Y TO tiER :'U:W MATHR Deti:ndllnllCounterclulm Plaintil'l: Jessica Gurhey. Iill:s the fillluwing Preliminary Objeclions 10 Ihe Plainlltl's' Reply 10 her New Maller I. SCANDALOUS AND IMPERTINliNT MATTER The Plaintitlii allege at paragraph lllUrtcen ( 14) of their Reply to New Maller that they received information from Iheir plumbers. without identilyinjJ who those plumhers were, whatthc alleged debris was. and how the plumhcl'll detennined that il was Jessica Gorhcy who put whatcver into Ihe drains. and spceilieally whallhe growing or plants or uSing of pOllin!!. soil or haVing a lish tank had to do wllh whatever Ihe plumbers /l)und In Ihe drJins. which J\.'Ssleu Gorbcy stales in her Counterclaim required allenlion from the Iirsltimc lhut she assumed occupancy The Plaintin: Shawn I-'re}'. alsu alleges Ihal he observed marijuana in the premises and alerled Ihe Shippenshurg Police. bUllails 10 show und sel forth how he determined il was mariJuana. who was responsible tor growing Ihe marijuana. and when he or someone else were able l<l determine il was mariju;lOa. or whose it was. The Plamlill's go on to aver thutlhere was a subseljueril search wi thou I saying who conducted the search, when the search was condueled. under what aUlhority the premises were searched, and whallhe results of the search were with respect to Jessica Gorbey. The PlainlillS timher allege that criminal charges were iiled. bul do Jl(ll allege that those charges were tiled against Jessica Gorhey. and even il'those charges had been tiled againsl Jessieu Gorlley (which they were not) lhul allegation is irrelevanl. impertinenl. and scandalous. and done with reckless disregard I(lr the nghls or Jessica Uorbey. in as much as the I'lainlifls du not allege II conviction of.lcssica Gorhcy or how that allegation would be responsive to her New Maller, The 1)laintitl's also allege ullcr Ihese events. withoul indicating the date that those events allegedly look place. or wllhout idenlil}.-ing whut alleged damage was done to the prcmises. or without alleging what dehris was lell atlhe pn:mises or without indicuting when it is they allege the lease expired. Ihatlhc lease expired. Those allegations made hy the Plamlifl's arc nlll rcsponsive. hUI arc simply alleged to prejudice the triers or nll.:t, and 10 delume Jessica C,orhey's repulation. ., but do not include the requisite nOllee III Jessica Gorbl:Y required by law which is a condition precedent to lll.llndlord Tcnllnlluwsuit WHEREFORE. the Counterclaim Plaintill', Jessica (illrhlly, requests that the Reply ufthc Counterclaim L>\:tcndanls ~ dismissed. Respectfully Submitted. mSSICA (iORflIiY :i IN THE C,'()lJRT OFCOMMON PI.E^S OF CUMBF.RI.ANO COlJNTY, flENNSYL V AN/A CIVIL ACTION - LAW SHAWN FREY and JlJl.IH ,",REY. Plaintins No. 97.S60) V:l. JESSIC^ (iORUEY. l)elcndant : DISTRICT JUSTICE ^PPE^1. CERTIFICATE OF SERVICE AND NOW. this day of January. 199M. I. Jessica (jorbcy. hllrchy eertify that I have servlld a copy ul' a true and correct CUllY of Dclcndant's Preliminary Objections to 1)lainlil'ts' Reply Iu New Malter by mailing u copy or same by lJnited Slates mail, poslage prepaid. addressed as tollows: Dale F. Shughart. Jr.. Esq. 3S East High Streel, Suite 203 Carlisle. PA 17013 i' '. IN TIlt: cOllin OF COMMON PI.EAS OF CUMBI:;RLAND COUNTY,I1liNNSYLV ANIA CIVil. ACTION - LAW SHAWN ,,"RHY and JULII: FREY. P/uintin~ NO. 97.56113 VS. JESSICA GORHEY. Dclcndunt DISTRICT JUSTICE APPEAL JESSICA OORBEY'S ANSWERS TO Pl.AINTIFFS' PRELIMINARY OBJECTIONS TO HER COUNTERCLAIM AND NOW, comes the Counterclaim Plaintiff, Jcssica Gurbey, and makes the tbllowing Answer to Counterclaim [)clilndan!'s 11rcliminury ()~iecti()ns tn her Counterclnim. I. Counts one (I) through seven (7) state causes ofuetion against thll Counterclaim Defendants us specifically stated therein. 2. The Counterclaim Plaintitl's' Counterclaim sets forth more than sufficient facls upon which rcliefmay be granted. 3. The Counterclaim 11laintitl\;' damages in Count I are equal to what the Counterclaim Octcndnnts elaim that shll owes them. 4. The Counterclaim Plninl1f1l;' damages in Count II arc Ilqualto the amount of money thc Countcrcluim ()clcndanls claim that she owes them. '. S. The Counterclaim Detendants make a hold allegation lhallhe I.aw Ilr lhe Commonwealth of Pllnn~ylvania require~ certain things of Jessica Gorhey. hUllilll to show and set torth with any particularily what the hasis Ilrlheir allcgation is wilh regard lolhe tilcts pled hy Jessicu Gorbey in her Clluntcrclaim wherein she alleges. inter alia. thai she moved inlOlhe premises hased upon the cxpre~s representations ofthe Counterclaim DclendllnlS thllllhey would make lhe remises habitable within a reasonahle time. hUI upnn lheir Iililure 10 do su she made numerous contacts with the OOicials of lhe Borough of ShippensburB to secure trom lhose Oll1cials orderlllo the 1)laintJlls lind/or directions to the Plaintitfs to make the premises habitable. which the Counterclaim [)ctendants thiled and refused to do. which required cOnlirlued contacls by Jessica Gorbey 10 the Omeials of the Borough of Shipp ens burg. who in lurn would continue 10 conlact the Counterclaim Defendants 10 secure their compliance with its orders and/or directives. all the while paying hcr rent at 0 reduced rote which rctlecled lhe diminished tair market value orthe rent bccause of the Counterclaim ()c/cndanl'l' refusal to make promised and necessary repairs. 6. The law ofthe Commonwealth of Pennsylvania ha~ long held that the victims of erime~ and/or violations of municipal ordinances have private causes of action against perpetrators such a~ the Counterclaim Detendants hcClIUSC lheir violations ofmunieipaJ ordinances and/or directions were evidence in and of themselvc~ that the Counterclaim Oetendants had tailed to provide a hahitahlc , dwelling tor whieh Jessica Gorbey refused to pay the CounterclaIm Oetcndunts' full demand. 7. The damages of the Counterclaim Plaintill'lIrc equullo the damages claimed by the Counterclaim Detendants. 8. Count IV of the Counterclaim of Jessica Gmhey set'! forth conditions which one could characterize as third world living conditions, and not those required by landlords such as the Counterclaim Defendanls who "ere in violation of municipal ordinances and/or directions of the Borough of Shippcnshurg. which allegations thoroughly set torth in great detail the Counterclaim Detendants' failure to provide possession of the premises in a timely or proper tilshion to Jessica Gorbey. and to thereafter tail and refuse to complete the repail'll that they represented that they would do and/or which arc required hy the Borough ofShippcnsburg and/or hy the laws of the Commonwealth of Pennsylvania as set torth in the Counterclaim. 9. The Counterclaim Plalntitl"s damages are equal to the claims of the Counterclaim Defendants. to. The Counterclaim Plaintitrclaims that she is entitled to counsel tees becluse,1w will have tll incur thuse at the time ufthe trial of this maller. and the Counterclaim Detendants' actions. including its most recent pleadings. clearly show their intention to take economic advantage of Jessica Gorbey. II. The Counterclaim PlaintitThelieves that there is no local nile whieh has determined whether or not she is entitled l(lthe relicI' provided hy 42 r.c.s. 2503 , Wla separale cause or action as opposed III un ilem of damage as many <':ounlies throughout Ihe Commonwealth of Pennsylvania have done. In Pennsylvania $Ome counties have specillc local rules one way or another, and other counlies have no rules whatsoever. 12. The Counterclaim Plaintitl's damalles are equal to the damages claimed by the Counterclaim Detendants . 13. On the lace ofthcir pleadings. the Counterclaim Deli:ndanls never alleged that they gave to Jessica (jorb~y the required thirty (30) day notice selling torth within thirty (30) days aller Ihe termination of her leuse what their alleged damases were, let alone attach a copy or same. and Iherlllore on Ihe face or the Counterclaim Delendants' Complaint they have no right to proceed against Jessica Gorbey ((lr having failed 10 give her that notice required by law, and there lore it is appropriate in such a case to tile a Counterclaim lor violation 01'42 P.C.S.8351. 14. The Counterclaim Plamtiff has alleged a tactual and legal basis upon which recovery should be made in Count VII of her Counterclaim. IS. The <':ounterclalm Plainlills' damascs arc equal \0 the damages claimed by the Counterclaim Detendants. WHEREFORE, the Counterclaim Plainull: Jessica Gorhey, prays this Honorable Court dismiss the Counterclaim Defendants' Preliminary Objections to her Counterclaim and enter an Order n:quirinll they tile a Reply 10 her Counterclaim. , ~2-9a THU 10:02 0 P.10 .. 16. Wilh the ~xccption orher claim tor counsel lees. the Counterclllim Plaintitl'sets torth thalthe renl puid by her is more than lair and rcasonllble given the conditions ot'the premises, the violations of her lease. Ihe ordinances of the Borough ofShippcnsburg. and the laws ot'the Commonwealth ofPennsylvllnia. and that the Counlerclaim DClimdanls arc theretore nUl entilled 10 any damages from her. and she therefore has specifically plead to all the damages that she must plead as ot'the time of the tlling ofthe instanl pleading. 17. The Countcrelaim 1)laintitT~' Counterclaim, with the exception (If counsel tees, sets torth damages which are equal to the damages claimed by the Counterclaim Dlllendanls. but because the Counterclaim Detendants tailed to provide the requisite notice to the Counterclaim Plaintin'within thirty (30) days of the termination of her lease, she is entitled to three times the damages eluimed by the Counterclaim Detendants against her. and theretore shll has complied with the rules of this Honorable Court and has not demanded a trial by jury and/or by Judge without II JUry. 18, Rule 1021 is not applicable in as much as the Counterclaim is lor damages not in excess ot'those claimed hy the Counterclaim Detendunts. 19. Although Rule 1022 requires one muteriall1l1egation us Iilr os practicable. it docs not slate that a party cannot allege multiple lacts in order to mnke fhat allcgation. The CounterclRim ()Ininlitl.s nl/cgRlions lire urgllni7.cd Rnd not contusing. By way of further answer. the Counterclaim Plointiffrefcrs this Honol'l\ble Court to pal'l\graph /ilurtccn (14) of Ihe Counterclaim Defendants' " ~~~IY \~ lWew ~~~tllr. ~hic~ ~(ltlS on tilr t,~o ~ages.l1~proximutely thirty lines. approximately thirteen (13) sentences. incorporating the previous paragruph which consists of eleven (II) Iiric~ and approximately live (5) sentences. all or which was pled not to enlighten this Honorable Court with re!\pcct to any significant issues in it landlord tenant Complaint. but simply to prejudice this .Ionoroble Court. including the filet finders, with scurrilolls and unlbunded accusations. hut which tailed to include uny allegation that the Counterclaim Defendants complied with the laws of the Pennsylvania with respect to the requisite notice, let alone attach a copy or same. WHEREFORE. the Counterclaim Plaintitl: Jessica Gorbey, prays this Honorable Court dismiss the Counterclaim Defendants' Preliminary Objections to her Counterclaim and enter an Order requiring they Reply to her Counterclaim within thirty (30) days ofthe service of the Order. 20. Counterclaim Plaintiff'has complied with Pennsylvania Rule ufCivil Procedure 1019. 21. Counterclaim Plaintiff has complied with Pennsylvania Rule ot'Civil Procedure 1019. WHEREFORE. Counterclaim Plaintifl'. Jessica Gorbcy, prays this Honorable Court dismiss the Counterclaim Defendants' Preliminary Objections to , . '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. flENNSYLV ANIA CIVIL ACTION - LAW SHAWN FREY and JULIE FREY. Plaintitl's No, 97.5603 V:I. JESSICA GORBEY. : DISTRICT JUSTICH APPEAl. Dotendant CERTIFICATE OF SERVICE AND NOW. this B I day of January, 19911. I. Jessica Gorbey. herehy cortiI}' that I have served a copy of n true and correct copy of Jessica Clorhcy's Answel':l to Plaintitlll' Preliminary Objections to Her Counterclaim hy mailing cl copy of same hy United States mail, postage prepaid. addressed as Ihllows: Dale F. Shughart. Jr.. Esq 35 East High Street. Suite 203 Carlisle. PA 17ll 13 ... , I' >- ..:1" r;; c- -' -:J ,- r~ ~'j~~ It: C. CL.,..; (~: 't - ~- , - C_ . C.l "j .::j >- '.1: CJ o"r? l.:..jl,. I, --' J::.,... k. C':l .I'.u fO. t., ;" 1"- -- k ". rt, OJ Ci l" '-4