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Home My WebLink About98-06254 ) i ~ '1 ~ I~ ~ "'J ~ ~ ~ . ... +- :I ~ ( I ~ !\~ -.. . . .:> .. '-J 1')0. I", j ~ ~ . ~... NOTICE OF APPEAL CON.'40NWI~I.1H O. 'INNSYLYANIA (out, Of COMMON PLlAS fROM JUDICIAL DIITlle1' DISTRICT JUSTICE JUDGMENT u_ __~OMMON "~,,_N~. _(]1-=-J,tJ.5~L~ NOTICE OF APPEAL Notice is giYlfl thot the appellant hen filed in the above COUft of Common Pleas on oppeal from the judgment rendered by the DidrKt Judice on the dotw and in tho case mentioned below. ~AIYl /fAlt;-GI> P", ;,II ---- --------------- =r::II:;Oi'l: '7~ 0 I 'illiit1t:s1~ an ~Tf ZPCOOf I _/ (j . ~~/~:t:=uO"..r,-""L'&": A"", ~"L': /-:::-..;.. (~~;;- \ s.GNATlAlfOf A'PUlAN;~ttSA"QIlNfYOllA&Nl~ f-:J CV 19. LT 19--1t.3~ -9R r;;It. This block will be sigrMtd ONLY when this notation is required under Po. R,CPJP, Na loo8B. This Notke of Appeal. when received by the District Justice, will operate os 0 SUPERSEDEAS to the judgment for possession in this cose. -';8L~ /I appellant was CLAIMANT (see Pa. R.CP.JP. No. 1001 (6) in action be/ore District Justice, he MUST F/LE A COMPLAINT within twenty (20) days aller /iling his NOTICE 0/ APPEAL. Signature of Prothonotary ()I Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of texm to be used ONLY when appellant was DEFENDANT (see Pa. HCP.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach trom copy of notice 01 appeal to be served upon appellee}. PRAECIPE, To Prothonotary Enter rule upan BLt "Nit. (/014,1 f- ().-//o"G. ,appelleel'), to Iile a complaint in this appeal I N;,me 01 a;:pe1/cc{sJ (Cammon Plea. N<> q'lf- Lo ::)/:;'-/ ~, /'T( r ~1 I within twenty (20) day. after .ervice of rule '" .uffer entr~ment 01 noo pro. ~JL -13. Sq1allXa 0' aJ;Pe1lant Of tllS attorney or agent RULE, To AUrIN/>.,d. ?"Cl/t,J f-OI-4,vE.,cppellee(.). Name of Ilce(sJ (1) You are notified that 0 rule is hereby entered upon you to file a complaint in this appeol within twenty (20) days after the dote of service of this rule upon you by personal service or by certified or registered moil (2) K you do not file a complaint within thi, time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the dote of moiling. f\!t')\I. t.J-1", 19 9~ " ,{,'A \\)\V\t.lJ.\!{!\CVI:l ,\Av SignB/<Ie oJ or Of!puly Oale: AQPC312.&4 COURT FILE TO 8E FILED WITH PROTHONOTARY -J: --1 '-1 C+- ,'v I~ C) ~ . . ;:? , t. l.'l' ~. % . ,- , C:;'; L -,c. _ -,- ~ ~ '& L ~ r- +1 <::t g u .;) J .'.t... ,- ( (,.~ c'... '-) ,,;,'/ jlm/J/P 10 AJnI'!uti,s <r ~)IH.l .;~'j -j'j" J:' ;X~H!f!.;H \' ',(>h.j I .1 i.' I C ;Jtl'~:' '-,'j'!.1 ;". j ~ t . r , ' (pvJ;J\S!~)'-lj'l !ll,jlPIHJ,1 f.q I.".:: ..11:; J;l~; iPWl ,["d ,{!., I . t',,';~' ;,.l.:.: ,;~,:J!' ,~"t ,.' UJOqM Gl (S/i.hlll<Elde ;)lU uc.dJlIU,:-lddV IV ,)')q: IN ""':.\qr 'jl;l ril!,,',lli'(! :J'O'J.""I'..d!: j ;:'J:) r' ,111-! 'Ii ;':' 'J d.;\ ,1,;,\1 ;' Ill'lil lil'.l\J'l; ;', OlaJa4 P<JljJelll' Id!<);)03J S,Japu<.ls 'pt:LU (P~)J(JI,;15t)J) {piJljllJ0",1 i\q [:-j <.JJ!^j,"i 1"~.J(;:~h,j ;.r;: ~ . "'t.il uo ,_____~~_____.___~u________nn____ (1:;/0)11.., :1';il;".H!l' :il.!l U 'j" P'v '1;;;;,'l~ :'j, .:jll' ;'~I:' k~l S,WpUJS 'IH?UJ (p~I:Jjs!5;)J) (11311111:]:)) ^'l [J ,.")1.\1.15 Il'I~O';h},j hi .---.-.. u_______u______n__.____./":'.:/'I,J'; j'r) oJcp/ uo u!.:lllhll P,lil'u51<;'.lP ,nl1snr lJIJi::i!O dljl lJ()rJr-, ON :::I'~jld UL'LJJ'.Jj":) 'p3::<rJdv F'. ;<'";'IGtJ ,)'j; ;'J ,',<-1O)):~ ~ p."lf,F)c, I p'll! >.!I,,;!\-' I:) I".",,'!..... /.q;)I;I'_!! :j.l/\V'OL:I:I'tf S!l: ----~-- ----~-:lO Al.NnO:J I1INVA'!AStm3d :10 H.lllt3MNO~VW:J (soxoq f)lq~J.llddp "p(llf~ FWddp. Jli dJ/jUU iJtfl 61J111} U~] I dV SA VO /01,' N:! 1. NIH.1 1M rr-nl j 1R.1 ,c;nri ,}J!',lJcl,'i IQ JGDl(j <;1(1}) l.NIVld~O::> 311::1 01. 31n~ ONIt W3ddV :10 3::>11.0N :10 3::JIM:l3S :10 :lOOl:ld ,- , cbMMONWEALTH OF PENNSYLVANIA COUNTy OF: CUMBERLAND NOTICE OF JUDGMENTfTRANSCRIPT RESIDENTIAL LEASE f'l.Altjlltl ~j,,,,,.1. ~"'J AU(lIH ',', rBUSH. SANDRA/WILLIAM "I 161 S. BALTIMORE STREET DILLSBURG, PA 17019 L ~ VS. ....J~ 0.\1 '.'1 "l 09.1.01 OJ "'.me ~I'.J" CHARLES A. CLEMENT. JR. ""'".. 1106 CARLISLE ROAD CAMP HILL, PA To"'"'" (717) 761.4940 17011 OE:FENOMH ~;Ao.o! ,wl AUOlll :.''; IBUTINA, JOHN & DIANE 1805 BRIDGE STREET NEW CUMBERLAND. PA 17070 L -, SANDRA/WILLIAM BUSH 161 S. BALTIMORE STREET DILLSBURG, PA 17019 _J . ~ Docket No.: I,T-000043S-9B Date Filed: 10/02/98 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: Judgment: . .-E'QR..D.1::1."ENDANT.__ _ _.. [!] Judgment was entered lor: (Name) BUTINA, JOHN & DIANE n Judgment was entered against BUSH, SANDRA/WILLIAM lXJ Landlord/Tenant aclion in Ihe amount 01 $ .00 on 10/16/98 O The amount of rent per month. as established by the District Justice. is $ Damages will be assessed on: (Date & Time) The total amount otlhe Security Deposit is $ .00. in a (Date of Judgment) . 00. Total Amount Established by OJ Less Security DepOSit Applied $ .00 -$ .00 $ .00 -$ .00 $ ~-$ .00 Less Amt Due Defendant Irom Cross Complaint Interest (if provided by lease) UT Judgment Amount Judgment Costs Attorney Fees Total Judgment = Adjudicated Amount = $ .00 = $ .00 = $ nn - $ .00 $ .00 $ no $ no $ .00 $ .00 Rent in Arrears Physical Damages Leasehold Property Damages!Unjust Detention O Attachment Prohibited! Victim of Abuse (Act 5. 1996) This case dismissed without prejudice. o o Possession granted. o Possession granled if money judgment is not salisfied by time of eviction. o Possession not granted. o Levy is ~tayed for _ days or 0 generally:;tayed. o Objection to Levy has been filed and hearing will be held: Dale: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AND AFFECTING THE DELIVERY OF POSSESSION OF REAL PROPERTY WITHIN 10 OAYS AFTER THE DATE OF ENTRY OF JUOGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOT ARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. IN OROER TO OBTAIN A SUPERSEOEAS, YOU MUST DEPOSIT WITH THE PROTHONOTARY THE LESSER OF 3 MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE OATE THE APPEAL IS FILED, IF YOU WISH TO APPEAL THE MONEY PORTION ONLY OF A JUDGMENT INVOLVING A RESIDEN T1AL LEASE, YOU HAVE 30 DAYS AFTER THE DATE OF ENTRY OF JUOGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, C VIL DIVISION. YOU MUST INCLUDE A COPY T S NOTI OF J 10-16-98 Date I certify that this is a true and correct copy of Ihe record of the proceedings Date NOTICE OF APPEAL. . District Justice e judgment. . District Justice ~~.c.o.'!1!""ission expires first Monday of January, 2002. SEAL ~"U.'l"'o 09-1-01 ._~C.=~~=l I NOTICE OF JUDGMENTrTRANSCRI'PT "'MllIrr RESIDE~I~~!7".b~ASE 'nUTINA, JOHN & DIANE "l 1805 BRIDGE STREET NEW CUMBERLAND, PA 17070 L ~ VS. , C~MMONWEAL Hi OF PENNSYLVANIA COUNTY OF: CUMBERLAND OJ'.."" "0" CHARLES A. CLEMENT, JR. ""'... 1106 CARLISLE ROAD CAMP HILL, PA """'''''' 1717 I 761-4940 17011 O! rU~lJAtj! '........1 1'~lAtl()Il!:,') IBUSH, WILLIAM/SANDRA 161-B S. BALTIMORE STREET DILLSBURG, PA 17019-8837 I. rocket No. LT-0000435-98 Date Filed: 9/25/98 .1 . _I -~- ~ WILLIAM/SANDRA BUSH 161-B S. BALTIMORE STREET DILLSBURG, PA 17019-8837 THIS IS TO NOTIFY YOU 1 rlAT: Judgment: FOR PJ..AINTIFF [!] Judgment was entered for: (Name) BUTINA, JOHN & DIANE o Judgment was entered againsl BUSH, WILLIAM/SANDRA l.X.I LandlordlTenant action in the amount 01 $ L 575.60 on 10/16/98 O The amount of rent per montll. as established by the District JustIce. is $ Damages will be assessed on: (Dale & Time) The total amount otthe Security Deposit IS $ - 00 111 a . (Date ot Judgment) 550.00. Total Amount Established by OJ Less Secllllty Depos" ApplIed $ 1.095.00 -$ _00 $ 402.10 $ .00 $ . 00 $ . 00 Less Amt Due Delendant from Cross Complaint o Attachment Prohibited/ Interest (If provided by lease) Victim of Abuse (Act 5. 1996) UT Judgment Amount o This case dismissed without prejudice. Judgment Costs Allorney Fees [!] Possession granted. Total.Judgment o Possession granted il money judgment is not satislied by lime of eViction. o Possession not granted. D Levy is stayed for _ days nr D gensra'l~' sta~'9d. o Objection to Levy has been filed and hearing will be held: Dafe: Place: Rent in Arrears Physical Damages Leasehold Property Damages/Unjust Detention = Adjudicated Amount $ 1..Qll.Jl..O - $ 402.10 = $ 00 $ .00 $ .00 $ 1 .4'l7 10 $ 78 'i0 $ .00 $ L 575.60 Time: ] ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AND AFFECTING THE DELIVERY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. IN ORDER TO OBTAIN A SUPERSEDEAS, YOU MUST DEPOSIT WITH THE PROTHONOTARY THE LESSER OF3 MONTHS RENT OR THE RENT ACTUALLY.INAIl.REARS ONTHE DATE THE APPEAL IS FILED. . \; L ... IF YOU WISH TO APPEAL THE MONEY PORTION ONLY OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, YOU HAVE 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH Tt;)! PROTHONQTARY/CLERK OF COURTS OF .... . THE COURT OF COMMON PLEAS. CIVIL DIVISION. .... ... , '- YOU MUSTlNCLUDE A COP 'Of ~IS NOTICE OF JYD~MEttTiTR~~SC~:~~ FO~~ Wb!H,~~.f;R N~JI~E>~~:.PEAL i1.!-l.,-9d Date (......' \ \..) \'-. -.' .. ~s. '---I Drs*'ct Justice I certify that this is a true correct copy 01 the record of the proceedings cbhtaH1ji1g;the.jydgment. /, . '''" . .-.! Date . "'.,' .'/ I ,District Justice "'. L~' .....SEAL. ~~eS?,r;'!Jlission expires first Monday of January, 2002. ~""'".~'~"''''-' '~~..'~~ ,'" .-...T..___. "".'.__ r......._...'.__.._......_.. fROM _.._....~..........I l: C_,"OI PINNI'/LVANIA cova, 01 C__ PLIAI NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMONPUAIN<o. qS- (JJ~5~ e..~;IT~ NOTICE OF APPEAL Notice I. iii- that "'" appellant ha. filed in tho above Court of Cammon P1ea. an appeal lrom "'" judgment rendered by tho o;.trict Justice an "'" datw and In"'" COle ...."..00<1 beiov< JUOIClAL DISTRICT , , ~~ /J,4"'J{<.4 BusH f 1-(3 .s: Ij~L -r diE $r(I!;F. , I -/(0 -'1 fJJIATf,v) ;roH~ an C'~OR?~'i"~o I STAR Z.CClOI "" , I ILL'..&". / fAJi 1)"'.4 NT" . !. , CV 19. LT 19 I{ :j" - 'I R r,;;.I,6, This bIadc win be signed ONLY when thl. nala~,," I, required under Po. RCPJP. No. 10088. ThIs Notic. 01 Appeal, when reeelwel by tho Di,trkt Ju,tice. will operate a, a SlJI'ERSEDEAS to "'" judgment Ia< pan.,sian in thi, COle. Signalure of Prolhonolaly or Depuly If appel/ant was CLAIMANT (see Pa, R.cP.J.P. No. 1001(6) In action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (ThIs section of form to be used ONLY when appellant was DEFENDANT fsee Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. . IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPEI To Prothonotory Enter rule upan 8 U TIN h( d'oli,J of DfAI"G- , appellee(,). to file a eamp/alnt in thb appoaI Nwne 01 appelloo(s} (Canvnan Plea, No. q 8~ LoJ5'-/ c,; J-rc r /11 ) within twenty (20) day' after servle. of rule or ,ullor on": 01 j"'!P'-'t of non pIllS. o;uJL. t3u.:;/~ Signatl.Ie 01 ~ or his attorney 01 egent ) . I RULEI To 8(,1 TfIJA .,J. CcJ"'J r OI/wE ,appolloo{,), Name 01 1100(5) '- (3) Tho date of servie. of thi, rulo If ,,,,vice wa, by mail i, tho date of mailing. I\/D\!. 4'1",19:1!. \ Date: " .' , : ','~ "'" " .'i..> o(f '.' ., :~.}, ~" \'.:;-". "....-,...... l } ... NJIPC 3'2-84 COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of 50rVICO MUST lJf rILE!) WI THIN 11 N 110) [)/I }':i Ar rfH Ir/lnU rh(J /lot/co of /I"pI1ll1 Ctldck ;1/lplictlbIO boxos) COMMONWEALTH OF PENNSYLVANIA COUNTYOF.~P ,- ( r- - ;as AFFIDAVIT: Il1m"~,y 5w""r or <Ifill m (t'<lt I ""rve<J ~copy 01 ttlp NOllCtl of APP0Rl. Common PI~:>'I'j No .___'_l,~t;_~,b~_, t1IJun tile District Jllstlce <ft~siynatod thereIn on (data ol50rvico) _lI.::':...~_=-tf~.._________ , IDy personal SNVICO 0 by \Cl'rtlfll~t1' (re(jlstered) mail. sender's receipt iJltllclif:u Iwrdu, iilld tlWw lilt: ,ippelki: /,"ij,:I.'Oi -i!ii.HH_t~DJ.1MIJ-.. -lJu.Tfl,!ll ----.~-_._. , on _Jl.=..-Jb_ , 19_~O_ 0 t)y pl'r~;onal ~il~rvICl) ~ (cnrtlllod) (registered) nldll. simdcr's reclJipt allachod tloreto. ~nd further that I sorved the Rule 10 File" Cnrnp1nifll ,.lCCOrnP;,IIlYlng ttlf~ abl.)V{: Notice of Apponl upor. the appellee(s) lowhom the Rule was addre:ssed on ___i.L.::::....-~_______"n , 1917__. [] hy p(:rsonal ~er"ice rw-Cy (cmtlfitJd) (reglstored) mail, sender's rOColpt attached tWfl'to ____'V.J.t ~;;{J3J: Signaturo of affiant SWORN (AFFIRMED) AND SUBSCf1lfJED BEFOAr ME :~:.;'~ ,,'Ii' SlgnlltUff! l" u/lIOI<11 beforfl ""'0'" Illt/rlM.'1 r,l/ool'oU:cilIt NOTARIAL SEAL OR IJR};T"'NEFF;-NOTARY'PU BUt CARLISLE BCRD. CUMBERLAND COU~TY l!\tG9f,1MISSIDN EXPIRES ~DVEMBER 15,,1999 My comall~~I[)n (l ---..-------.- I I () '~D () ~:.,; a") .-; I -.:J -, , ,.~..., '1;:rJ c;~, , .,- I '.1m ~~.! c.) ~'.'lCJ ) L r: , -'1 :.::ls.l~ : " ,:-'j:n i.';J .,....C) j . W (jrrJ ~2 ';;! '"I .;::- :b -, -, ru "m IT" .11 <tl .... rr'I 1:1 .11 U'1 N ~ r- ~ \ - q Jl :! CVJ CY) ...... ~ f ~ . . ~ !1 ;; . U ~ ~ <- . . .. o .. o .% /;:< -',- o ~.;~ s\v, \ ' a: ,~-g ~ 1ft \\:c' ~~,-u.J~'" lJ- ".~g ~ '~.)J f ~8 ~- :J::' ~_.:: il ,~!! ~:p, ti'" ~ _.' c ~ d .2- i!! ~ ~-- .. 'i a:~:d~ 0.. ~ nE ~ ~. r;: 2 ~ !;': ~ E ~ &~ ~8 ~ ~ U) S6611PdV '008E WJO; Sd WINDOWS. The screens /lIthe front Ilindmls Ilere npped. /le/ine lIe signed the lease. We were lold that he would repair or replaCe these screens. None of the Ilindmls Ilere insulaled and most of the Illndolls had no outer rIIn or Ilindow so a large percentagc of heal was lost in the wimer. KITl'III:N FAIJl'I'T - Alier sClcral allempts at gelling Mr Ilutina to rcplace lhc kllch,n fauCel. we had to replace il hccausc il was spruying water all OVer the kilehcn. When lie told Mr. Butina that We r,'placed il. he lIas angry Ihat We didn't Ilaituntil he replaced il. lie also told us that We could not lake lhat oil" of our renl. Directly OIlier We moved in, the kitchen pipes under the kilehen faucellell aparl into piles of rusl. Mr. Butina was notilied and replaced only the curved pipe. The other rusted pipes wcre Icli as is. On several olher occasions Mr. /lush had to get under the faucet and tighten the pipes 10 keep them from leaking. GUTTERS - We were told when lIe moved in, by Mr. BUlina. Ihat he would clean oul the gutlers and repair them. This was never done. CABINETS - Beli)re a lease was signed we were told by the BUlina's that they had new kitchen cabinets li>r the house. We didn't see these cabinets so when the man came to fix the pipe in the balhroom approx. 2 months OIlier we moved in. we were told by him that he had them. We still didn't see these cabinets. PARTNER - No partner was EVER menlioned belore a lease was signed. The first lime we were lold of a partner was when the pipe in Ihe bathroom broke and a man showed up almy door claiming to be John's partner. 101' course called John and asked him if this was true, He con finned this to me over the phone and then again to my husband at a later date. r; I, I: I ! MR. BUTINA STATED TO SANDRA BUSII APPROX. 6 MONTIIS BEFORE WE MOVED THA T NOTHING IN THE APARTMENT WOULD BE REPLACED OR REPAIRED UNTIL WE MOVED OUT. The main point that is being made here is that the repairs ( not the cleaning l, were made after we moved out of the house. The landlord did not simply fail to repair the house being rented, but refused 10 repair the house reneging on his implied legal "Duty to Repair". The repairs made to the house were not caused by any negligent or irresponsible behavior by my family. This lawsuit is an attempt to repair his house and sue the renters for the money thallhe landlord wuuld nul have pul Jorth himself: I eannDt stress enough the importance oflhis paragraph. Regardless of the legal 'letter of the law', the 'spirit of the law' is Ihe most important question here, Did the landlord ever really mean to repair the house in question? Is the lease being used here to imply that tinancial responsibility lor the repairs 'on the mechanical and structural components' of the house are now suddenly the duty of the tenants? The law states otherwise. The additional money claimed is for rent due. If the landlord is guilty of the irresponsible behavior slated above, would nol that constitute a breach of the lease? , ~ . J " I [ ~ .. P leI , 01 9d019^Ue jO dOl J9^0 9U1ne Plo;l :-x.,\---\\ ,~()..\...... b'~'''l_ I~O'5 Q:x c\.ty- "d-- ~~ C:J...\:r0:).'\H'. ~\>- \"\Dlv I also WIsh 10 HlCCIlIlllhe lo\hl'/oilng SOrvlCOS (lor ,m m.lraloo) 1.0 Addressee's Addres5 2.0 Rostrlcted Delivery Cunsul! posfm.151cf for tee 4" ArtIcle NurnbCH 2_ .5 U, () ~ u .~ J: .' SENDER: ~ .COlT1pllltul'!Hn<; 'l\wl;ori?!""\.I"",(,II,.I",,rv'co". en .CUlIlplt"" ,11'm<, 3. ",I.,lIHI.HJ ~ .Pnntyou'fldIlHla,nlalldrtJ..<,O'1lhl' rt:v.",... ollfH...lorm..oH,a,y,uCilnwhllflllw, ... carll lu you ~ . AllilCh Ihls 1')rlTllo ltIo IWI1! or 11'\1 "l<U1PPI'UJ, or on lfl" I.hlCk ,I '>p<.lCl~ do.!.. fI'll GI ~llJ'ml' ... . Writ/) 'fltJ/um neCt'lpl (ll'i/lJl},tmrOr'l nln m,'lllptl'<:1! I'ul').... l1,o ;""Cl.) I'urnlu~r if . Hll) Hulum R<!OIII'( "",II ~I((r'" b ...luJIH II;,! .lr!,<..!e wa:- rJ(>I!',i\'!"J ;1'''1 'hi' r1,lh' _ llolivored g 3. Article Addressed 10' il 0; a. E o u a 'Qi u ~ a: E ~ ~"" 0; ~er1ilied a:. o Insured ~ o COD ~ 31 f (",92- 2 ~ o "" oX C m ~ 5. Received By: (Print Name) 3 g, .:t. o!!! PS Form 3811, December 1994 ,C-J 102~~~.91!-fl'U2:}!l Domestic Return Receipt . .,~'" ')\ '.l:__ .~;... '.:: " " , "f., 1 ,"i' '" :: ~':;t . _.. i,' j; ':;'tf. " .1", ."f., " \ .1 "', ." J ...."." .~.._7t,..~.;.' ! ",,~. "1 ~ts+~;;t~ r.. ;;...,. ,.. . " ,/::. ,,;.. , i "'-: , ,:'.',' ~. Ii:. , , I I i " " I"~ ..... JOliN BUTlNA allll DIANE BUTINA. IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Plaintiffs v. NO, 98-6254 CIVIL TERM WILLIAM BUSII and SANDRA BUSH, Defendants COMPLAINT AND NOW, the Plaintiffs. John and Diane BUlina. by and through there attorney. Austin F. Grogan, Esquire, aver the following: 1. The Plaintiffs are John and Diane Butina, eurrently residing at 1805 Bridge Street, New Cumberland, Pennsylvania 17070; 2, The Defendants are William and Sandra Bush, currently residing at 161 B, South Baltimore Street, Dillsburg. Pennsylvania 17019; 3. The Plaintiffs are the fee simple owners of property lDcated at 805 Market Street, New Cumberland, Pennsylvania 17070; 4, The Defendants were tenants of the Plaintiffs and resided at the rental property located at 805 Market Street, New Cumberland, Pennsylvania 17070; 5, The Parties executed a lease on April 19, 1996 with a move in date of April 28. 1996 (attached as Exhibit A); 6, On or about July 15, 1997 the parties hereinafter modified and renewed the rental agreement (attached as Exhibit B); 7, The rental agreement provided specifically for monthly rental payments due on the beginning of each month of $550.00; 8. In additilln to Ihe basic renwl fee. and additillnal rent to add a monthly fee for a pet was incorpllraled by Ihe agreement of April 15. 1997; 9, The mllmhly fee fllr the pel was SIO.OO per month; 10. During the course of Ihe tenancy the Defendants negligently and willfully destroyed Ihe property rendering il inhahitahle; II. Defendants' failed to pay rent timely and arc $1,095.00 in arrears; 12, The Defendams abandoned the home on or ahoul July 28. 1998 without leaving a forwarding address; 13, In addition to the abandonment and the nonpayment of rent, the Plaimiffs were required to repair the residence in order 10 prepare for releasing; 14, The Plaimiffs have incurred expenses of $1,260,00 for repairs to the home; 15, The Plaimiffs applied the security deposit of $550.00 to the repair bills leaving a deficil of $710.00; 16. The Plainliffs have suffered a loss of $1,095,00 for unpaid rem; WHEREFORE, the Plaintiffs respectfully request this Honorable Court to award the Plaintiffs $1,805,00 plus cost and attorney's fees. Date / I r~) / r; ( . ::.J.L,' / { .,. .'} ,; ,. L/' I i i..J~C.-JI./ ,.' ~- (~ ie..' ~;r. ~ ( -,' Austin F, Grogan, Es(uJe 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff ID #59020 '? .;' \ I (- i-of " , 'J. i"t (J i I , !-, , : )~ 'J RENTAL AGREEMENT ^, John S, &; Diane C. Ilut;.. hmund<r designated "1~lord", and the (allowing named individuals, hereunder designated "Resided": ~ R.I.lIon,hln L _'b.:..~~\~_______n_n______ 2. ('~r <\S'~" V . ~,.- 3. r ,.-,,.,,,,', '-, "l"......, , .- 4. ~ ,r4-.,J r.. ~., ~'..... Au 7.( /'5" ,..,... ";lfl It i. agreed thalllO one will live in this dwelling other than those named above unless prior wriuen approvol is given by Landlord, B, It i. agreed thaI the Landlord rents the Resident the spocific dwelling, al the rental charge. security depo.it and for the period of time; 011 as indicated below: (lnitiol payments include portion of security depo.it of$IOO,OO the first month through fifth montlt $50,00 the sixth month at which time thc total security deposit of$550.00 is to have been paid in full. If the residenl defaults on the special security deposil ngrccmenl any and all portions of the security deposit received will nol be ~ded, cJ?I.tt ~ ~ Initial Payments: Due '1-/9-')C. Amount !I 5""50 ? A~:t.. L~ ''ic.. (2. . -+ f/....'.( It / Due 5'""- 'f -'7r Amount f I I; 0;- - }i- 3:- /d, -~t'. . 1~,__. .., I",{<;~ Due c.- 1_ <j Co Amount L -; f) -1,.-1'7- ",. .13,\'''-....: "'3 7S' LV!; -. "::'''''lk' Due '7-r - 'l ( Amounl C. ~1'"l - 7-':5 -~-.,,7.. . ,""''^'" L SOD ./' :,,~~.,. ~, ~ LI\, (. ~... Due li"-'. <j C Amount ......![I> Due 'J - I - ~ t. Amount c..S .. 1:J~... '''-I- 9 '- I'l~ '" 0" ~.c -:;-0 Security Dcposil .os 1'~cI"'A 'toJ.. Lease Dates: From ~( -~L Move-In Date: <(- :(:?:. ? C. thro '-f-,,,-~,, ~b..~ 'TtIt< ~ Monthly Rent: Dwelling Address: 805 Market St. New Cumberland, Po. 17070 C. Maintaining the yard fn:c of refuse and the exterior steps and sidewalks free of snow and refuse is the responsibility of the tenant. There will be a $15,00 charge each time the landlord must do any of this work. ~ . , \ I Dwelling Type: 2 Bedrooms, LR. K. Bath (I) D, The Utilities listed are the responsibili of . All rent is due and payable by check or money order at the Landlord residence on or before the first (I) day of every month, Make the check or money order payable to John 5, or Diane C. Butina, 1805 Bridge SI. New Cumberland, Po. 17070. An early payment discount of$IO,OO will be subtracted from the monthly payment iffuJI payment is received prior to the due date. A late charge of $ 10.00 will be added to any full or partial monthly rent payment not received by the Landlord by the 4th of the month, A tate charge of $25,00 will be added 10 any full or partial rent payment not recdved by the Landlord by the 10'" of each month, EXHIBIT If -3usT A kevYJl.vd.ee, I " ,\ ".. -r c.,.. \ I." \1\0 C,., 0 'tl. 0 ALL-8TATELEQALIUP1'lVCO, v Any check not cleared by the Tenan.... bank will be cOruJidcn:d tate ",nt subject to a re1umcd check cJuuve of $20,00 plus the late ehllrge. \, I' i /l. f. t. F. After the initiol period, this Ag=menl renews autolTlIiliCJllty for a 30 day period Illld contin.... to renew for 30 day periods ur.le" 30 days' wriuen lermi","ion nol;ce i, ~.;,'en by ei!her pony. G. After !he initiol period, !he landlord may inc"'..... the renl by ~ivillll 30 days' wrillen notic<: 10 !he tenant. ;, : '(:'" , I' II I ! ! H, Tenanlagrecs not 10 VllC4te!he dwellin~ or move without pennission of the Landlord, Tenant oIso agrees thai any posscssioll.'l remaining in !he dwelling after a mOve-out .... abandoned by Tenant. T enanl agrees to pay the cost of n:movol and disposal of these pos.......ioruJ. Tenant agrees to vllC3te the dwellillll al the end ofthelerm. le.ving property clean and in good order. Tenanl agrees to jointly iruJpe<:t the dwelling wi!h the l.Mdtord, indicating then existing conditioll.'l, sign and date fonn, .. I. /n!he event il appears to the I.ondlord thai the Tenanl has abandoned the leased premises, the Landlord shall be entitled 10 remove the Tenonl's belongings and dispose of !hem ..!he Landlord sees fit without any liability whatever 10 the Tenonl. Withoullimiting the genernJity of the previous smlence, thel.ondlord shall have the right 10 conclusively presume that the Tenanl has abandoned !he pn:mises and hislher belongings if!he Tenanl has been absenl for thel""-'<:d premise. for a eontinuous period of seven days withoUI notifying the Landlord of said absence in writing. . ,. In the event the Landlord obtair.s ajudgement for possession ofthel""-'<:d premises and takes possession in accordance with law, the Landlord shall be enlitled to remove and dispose of the Tenant'. belongings which llI'C localed al!he leased premises without any liability whatsoever 10 the Tenant. ~ f j r 1 1 I I I ~ ~ . Tenant affirms aU goods plated on the premises during thetenn of !his lease are Tenont's sole property, and are not exempl from any claims for renl. J. Tenant shall have the right to tenninale this lease as of the last day of any month by giving Landlnrd 30 days prior written notice and paying an amount equal to two months rent as liquidated damages in addition to the renl for the last month. Thus, in the instance of early lennination. an amount equal 10 three months renl is due, This includes payment for 30 days occupancy, The security deposil cannol be used for this payment. Paymenl of said liquidated damages must be received by I.ondlord al the same time the 30 days notice is given. Tenanl is subjeclto Landlord's fmal inspection and approval of the condition of the premises, the cost of repairing any damages to the premises, utilities, and all other amounts due, as well as compliance with aU of the provisions of this lease. Cost of damages, if any, is in addition to the amount paid as liquidated damages, K, Resident understands that the I.ondlord will ex"",ise all neceSSlll)' actions and due processes oflaw to collect damages and money owing 10 the property based on the then.applicable laws of Pennsylvania, including eviction proceedings when neceSSlll)'. All of the provisions pertaining 10 notice to be given by the Landlord to the Residenl as set forth in the Act of April 6, /951, P.L. 69 are hereby waived by the Resident. All notices required under this AJ!Il'Cment shall be in writing and served on the Resident by mailing same to the address specified above. In the event of default by Resident (either by nonpayment of rent when due, or by the failure to abide by the terms of this lease, or by violation of any governmental statutes or regulations), Resident waives the requirement of any notice to quit. Resident bereby authorizes and empowers any attorney of any court of records of Pennsylvania to appear on behalf of Resident and confess judgement against Resident and in favor of Landlord in amicable action of ejecbnent of the premises, and Resident authorizes the immediate issuing of a writ of possession for the premises. These powers granled shall not be exhausted by on exercise, and may be exercised during any extension of the initial tenn of this lease as well as during the initial tenn itself. , ~. , , , , , . i 2 L. Propcny damage caused by Residen~ Resident's family, or guests. will be repaired and costs billed to the Resident and paid on deOUllld. M. Resident must notify Landlord in writing and vcrbally of any problem in the house, The Residenl will be advised if the Residenlshould have repairs done by an authorized outside conlnlCtor, or if repairs will be handled by !he Landlord. N, Resident understands that Landlord will enler Resident's house from time to lime 10 inspect and maintain equipmen~ appliances and safety conditions and to show residence to prospective ICllJlllts, Advance notice will be given to Resident whenever possible, O. Resident is responsible for the premises, pon:h and grounds in compliance with the property rules which arc pari of this tease. P. Resident is responsible for maintaining the smoke delcctorls) in the house, in working order at all times. Q. Resident agrees not to have any pet or pets in the residence, R. Resident must insure Resident's own furnishings and family, The property insurance does not cover any damage to a Resident or the property of a Resident for any reason, including ftre, water leaks, equipment failures, vandalism. theft. smoke, electrical malfunctions, or any cause, S, A copy of this Rental Agreement shall be sufficient warrant filed with a confession of judgement for rent unpaid or upon confession of judgement in ejCClmen~ by "landlord" to the local District Justice. T. Tenant agrees to assume full responsibility for the personal security, safety, and personal property of the inhabitants and visitors of the leased premises. Tenant agrees at Tenant's own expense to take such additional security measures as Tenant deems appropriate, Tenant shall secure landlord's approval prior to making modifications, I ACCEPT THE TERMS OF THIS RENTAL AGREEMENT: ';,/1, Resident '7 A'A/d "- '1-/9-Yc" Date '~~b...,.....\), Resident ~\n^~\a Dale 3 EXHIBIT .,g RENTAl. ..((iRHH.IIHNT A John S. &. 01~ r Buun.1 hereunder designated "L.mdlonj", and lhc follo\\ mg named IOdmduJls. hereunder dellSfuued "Rc$lden," ~ Rtlalion,hin ill:.!: William Ill"II Resident ~ Sandra Bu,II Spouse 3 Murganllush Daughter 8 a Emily Bnsh Dauglller ~ h is agrec:d that no one will live in this dwelling other than those named above unless prior written approval is gi,'en by Landford B It is agreed that the Landlord rents the Resident the specific dwelling, at the rental charge. security deposit and for Ihe period of time; all as indicated below. ~lonthly Rent. 5550 OO(Ooes not include addilional fees for pets; etc. which is delined under Itcm Q ) Securit)' Deposit . Paid /996 Lease Dates: From May t, 1996 thru As specified below Dwelling Address: 805 Market SI. New Cumberland, Pa 17070 Dwelling Type: 2 Bedrooms. LR, K, Bath (J) c. Maintaining the yard free of retuse and the exterior steps and sidewalks free of snow and refuse is the responsibifity of the tenant There will be a 515.00 charge each time the landlord must do any of this work. D. The Utilities listed are the responsibility of the tenant: Electricity, Oil, Cable TV, Phone. Water. E. All rent is due and payable by check, money order or cash at the Landlord's residence on or before the fourth (4) day of every month. Make the check or money order payable to John S. or Diane C. Butina, 1805 Bridge SI. New Cumberland, Pa. t 7070. An early payment discount of 5 I 0.00 will be subtracted from the monthly payment iffull payment is received on or before the first (I) day of the month. A late charge of51O.00 will be added to any full or partial monthly rent payment not received by the Landlord by the 4th of the month. A late charge of$25.00 will be added to any filii or partial rent payment not received by the Landlord by the I O~ of each month. Any check not cleared by the Residents' bank will be considered late rent subject to a returned check charge of 520.00 plus the late charge. F. After the initial period, this Agreement renews automatically for a 30 day period and continues to renew for 30 day periods unless 30 days' written termination notice is given by either party. G. The landlord may increase the rent by giving 30 days' wrillen notice to the resident. y, :!~ AU.a1ATI'UGAl.IUPPl.Yco, .. If Resident agree~ not to vacale the dv.dllnjo( or mllve without permission of the Landlord Residcnt "bo agrees that any posseuiuns rC'mlming in the d"dlln~ .lner;'l move-oul arc ab.1ndoncd by Resident Resident a~<<s 10 pay the cost of removal and disposal of these possessiom ReSident a~rC'es 10 vacate the dwelling at Ihe end oflhe leon, le"ing propenv clean and," good order Re>ldenl agree' 10 Jointly inspect the dwdlll1lol with the I.andlord, illdil,;l1tin~ Ihen c,o'(jMing cnndllions, sign and date form In the evcnl it appears to the Landlord that the f~C:~ldC:111 hi!) .1b.lI\dOl\c.'d the Ic,\!icll plel11i!ic\, the landlord shall be entitled tn remove the Rc\idcnts' belongmgs and dispose orthcm as the I.andlord sees Iii wilhout any liahilily whatever 10 Ihe Re>ldenl Without Iimillng Ihe generalilY oflhe previou, ,enlencc, Ihe landlord ,hall have Ihe righllO conclu,ively presuille Iharlhe ReSldenl has abandoncd Ihe premiscs and his/her bclonging!lJ iflhe Resident has been absent from the leased premiscsltu a continuous period of seven days without notit}ing the landlord of said absence in wntin:t In the evcnt Ihe Landlord obtains .1 Judgement I(u possession of the leased premi!>cs and takes possession in accordance with law, the l.andlord shall bc el1litled to remove and dispose oflhe Residents' belongings. which are located at the leased prcmises. without any liability whalsoe\er 10 the Residcnr Resident atTIrms all goods placed on the prcmises during the tcrnl of this Icase are the Residents' solc property. and are not cxempt from any claims for rcnt J. Resident shall have Ihc rig hi to tcrminale Ihi, lease as of the last day of any monlh by giving Landlord 30 days prior written notice and paying an amount equal to two months rent as liquidated damages in addition to the rent for the last month Thus. in the instance of carly termination. an amount equal 10 three month, rent is due. This includcs paymenl for 30 day' occupancy The securily deposit cannot be used for this payment. Payment of said liquidated damagcs must be rcccived by landlord arlhe same time Ihe 30 days no lice is given. Resident is subjeclto Landlord', linat inspection and approval of the condition of the premises, Ihe co,t of repairing any damage, ro rhe premises, ulilities, and all other amounlS due, as wcll as compliance with all of the provisions of this lease. Cost of damages, ifany, is in addition to the amount paid as liquidated damages. K. Resident understands that the Landlord will exercise all necessary actions and due processes oflaw to collecr damages and money owing to the propeny based on the then.applicable laws of Pennsylvania, including eviction proceedings when necessary. All of the provisions penaining 10 notice to be given by the Landlord to the Resident as sel fonh in the Act of April 6, 195 t, P.l. 69 are hereby waived by Ihe Resident. All nOlices required under this Agreemcnt shall be in writing and ,erved on the Resident by mailing same to the address 'pecilied above. tn the event of defaotl by Resident (either by nonpayment of rent when due, or by the failure 10 abide by the temlS of this lease, or by violation of any governmental statutes or regulations). Resident waives the requirement of any notice to quit Resident hereby authorizes and empowers any attomcy of any court ofrccords of Pennsylvania 10 appear on behalf of Resident and confess judgemenl againsl Resident and in favor of landlord in amicable action of ejectment of the premises, and Resident authorizes the immediate issuing efa writ of possession for the premises. These powers granted shall not be exhausted by on exercise, and may be exercised during any extension of the initiat term of this lease as well as during the initiat teon itself l. Propeny damage caused by Resident, Residen!'s family, or guests, will be repaired and costs billed 10 the Residenl and paid on demand to the landlord. M. Resident must notity landlord in writing and verbally of any problem in Ihc house. The Resident will be advised if the Resident should have repairs done by an authorized outside contractor. or if repairs will be handled by the landlord. 2 ~ ~ I ~ " 'i I, I' I I if I' I I . . ~"", JOliN BUTINA and DIANE BUTINA. IN TilE COURT OF COMMON PLEAS CliMBER LAND COIlNTY . PENNSYLVANIA Plaintirfs v, NO. '18-6254 CIVIL TERM WILLIAM BUSH and SANDRA BUSH. Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Austin F. Grogan. Esquire, being duly sworn according to law. deposes and says that he is the attorney for Plaintiffs, John and Diane llutina. and that he did mail a true and correct copy of the Complaint in the above malter. by certified mail. return receipt requested. to the Defendants. William and Sandra Bush. on November 25. 1998. at their last known address: 161 B South Baltimore Street. DilIsburg. PA 17019, which satisfied the requirements of service by mail pursuant to Pa.R,C.PA03, The signed receipt acknowledging receipt on November 28, 1998 is attached hereto as Exhibit "A". I understand that false statements are made herein are made subject to the penalties of Date {....H (rP JOHN BUTINA and DIANE BUTINA, IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs vs. NO. 98-6254 CIVIL TERM WILLIAM BUSH and SANDRA BUSH I Defendants To: JOHN BUTIN and DIANE BUTINA, Plaintiffs and Austin F. Grogan, Esquire, their attorney NOTICE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED DEFENDANTS' ANSWER WITH NEW MATTER AND COUNTERCLAIM TO PLAINTIFFS' COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. BRATIC & PORTKO ~~~ Stephen K. Portko, Esquire 101 South U.S. Route 15 Di1lsburg, PA 17019 (717) 432-9706 Attorney I.D. #34538 Attorney for Defendants condition of the leased premises was a breach of the implied warranty of habitability and they were terminating the lease. 13. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as the truth or falsity of the averment contained in paragraph 13 of Plaintiffs' Complaint and therefore deny the allegations thereof. Strict proof will be demanded at time of trial if the same be material. By way of further answer, Plaintiffs unjustly seek recovery for items damaged by normal wear and tear. 14. Denied. Defendants incorporate by reference their answer to paragraph 13 above as if set forth at length herein. 15. Denied. Defendants incorporate by reference their answer to paragraph 13 above as if set forth at length herein. 16. Denied. On the contrary, Plaintiffs have suffered no loss because no amount is due and owing to Plaintiffs. WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs. NEW MATTER 17. Paragraphs 1 through 16 are incorporated herein as if they were set forth at length. 18. At all times material herein, Plaintiffs were in the business of leasing a residential property located at 805 Market street, New Cumberland, Pennsylvania. 19. All the acts alleged to have been done, or not to -2- have been done, were done by the Plaintiffs, their agents, servants, workmen and/or employees acting within the scope of their employment on behalf of said Plaintiffs. 20. On or about April 19, 1996 and at times prior thereto, the Plaintiffs did lease the property located at 805 Market street, New Cumberland, PA, as a residential dwelling. 21. At the time of the leasing of the property, Plaintiffs did know or should have known that Defendants would reside in said property with their children. 22. At the time of the leasing of the property, but unknown to Defendants, the plumbing and plumbing fixtures were in poor condition and the washer drain was improperly installed. 23. After moving into said property and from time to time, Defendants experienced problems with the plumbing and other conditions of the premises in the following manner: a. the bathtub leaked causing water damage to the carpet and sink; b. the bathroom sink constantly leaked; c. the kitchen faucet constantly leaked; d. drainage from the washer would back up through the sink drain; e. boards on the roof of the back bedroom sagged and caused the ceiling to bow; f. within one week of Defendants terminating the lease, a decorative ceiling beam separated from the ceiling, creating a dangerous condition to the safety of the residents. 24. Plaintiffs were provided with notice of the aforesaid problems existing at the premises but failed to address or remedy the defective conditions. 25. Contrary to Plaintiffs promises to remedy the -3- defective conditions, the problems continued. 26. Prior to leasing the property, Plaintiffs also represented to Defendants that they would replace or repair damaged screens to the premises, insulate window frames, clean out and repair all gutters and install new kitchen cabinets. 27. Contrary to the aforesaid representations, Plaintiffs failed to make the repairs and Plaintiffs never installed the new kitchen cabinets. 28. From the inception of the Defendants' tenancy in the premises located at 805 Market street, New Cumberland, PA, the Plaintiffs were responsible for performing the maintenance upon the premises, including the repair of all plumbing fixtures, but failed to properly remove or correct said conditions. 29. The lease which forms the basis of Plaintiffs' action, being attached to their Complaint as Exhibits "A" and "B" collectively, is a consumer contract as defined under the Plain Language Consumer Contract Act, 1993, June 23, P.L. 128, No. 29. 30. Plaintiffs' lease violates the Plain Language Act in that it does not meet the test for readability as defined under Section 2205, 73 P.S. Section 2201 et seq. and it fails to comply with the requirements enumerated under Section 2205(b) of the Act. 31. The Defendants, during the initial term of lease, paid the Plaintiffs a security deposit in the amount of Five -4- 43. Plaintiffs did breach the implied and express warranties of habitability as follows: a. failing to provide a safe and ha7.ard free rental property; b. failing to properly inspect and maintain the rental property; c. failing to clean, repair or finish the rental property; d. failing to remove, replace or otherwise correct the defective conditions in a prompt, proper, safe and effective manner; e. failing to provide the property with plumbing fixtures in good working order and failing to promptly remedy defective structural conditions; f. failing to repair or replace broken screens; g. failing to clean and maintain gutters; and h. failing to install kitchen cabinets and window trim. WHEREFORE, for the foregoing reasons, Defendants demand judgment against the Plaintiffs for the return of their security deposit in the sum of $550.00, plus interest, and judgment against Plaintiffs in the amount of $1,500.00 representing Defendants loss of benefit and quiet enjoyment of the premises, with interest thereon and costs of suit. COUNTERCLAIM -- COUNT IV VIOLATIONS OF UNFAIR TRADE PRACTICES ACT 44. Paragraphs 1 through 43 are incorporated herein as if they were st forth at length. 45. The acts, conduct and activity of Plaintiffs described herein constitutes a violation of the Unfair Trade Practices and Consumer Protection Law, 73. P.S. Section 201-2 et seq., in that Plaintiffs: a. misrepresented pertinent facts or contract provisions regarding the rental property; b. failed to acknowledge and act promptly upon oral or written communication with respect to Defendants' claims; c. refused to refund Defendants' deposit or reduce the -7- ..' rent during the times the property was defective or not totally habitable or otherwise reimburse Defendants for their losses; d. failed to comply with the Plain Language Act, 73 P.S. Sectlon 2205; e. failed to deliver the premises in a habitable condition and failed to remove or correct the defective conditions in a prompt, proper, safe and effective manner. 46. The actions and conduct of Plaintiffs as described aforesaid, constitute unfair or deceptive acts or practices under the aforesaid Consumer Protection Law, entitling Defendants to initiate a private action. WHEREFORE, Defendants demand judgment against Plaintiff for treble damages in the amount of $6,150.00 pursuant to 73 P.S. Section 201-9.2, together with reasonable attorneys fees, costs and expenses incurred herein. Date: l2-lz...~/ 'i ~ Respectfully submitted, ~~,~ Stephe K. Portko, Esq. #34 38 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Defendants -8- ) ~ , ~ ~ ' :-~; ,;.- \ ~ ..:s to f: c: ~~ n ..:J :: ),.( ~'" '-, ': )(1 :.L " n. .' c.... , :.J (i~': I 1'1 '(/; E3'" " . ~ I.Jl.l, ." ('~Z ti~ll (..) 1;'JIll ,E W !.l )c:- '-, > u.. (0 :; 0 c' U en 0 .: ;; .... I:l:l "''''~ t; ..-.: -",... ::>";ij "';:0 '" 0 O!O~ ..., '" "'., 0 ~ ",,,, ....'" en.. ;;:: .. . '" c:tN ... ~ z"lz ..., 0 "';:oz .. ~ O::c", t:t: I;) "'.... -~ 0;:0 . ~t: ~ "'0" "'",'" ... ::> 0-", C)S~ I=Q ~ -' i5 , ,.