HomeMy WebLinkAbout10-7114
'~~vid J. Lanza
I.L7. No. 55782
2132 Market Street.
Camp Hill, Pennsylvania 17011
(717) 73 0-3 775
CONSOLIDATED PROPERTIES,
Plaintiff
v.
LISA MATUKAITIS
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~~~-~'J~~(
CIVIL ACTION - lAV'J
NOTICE TO DEFEND
To the. Defendant:
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 enuring a written
appearance personally or by attorney and filing in writing with he court your defense or objE:ctions to the
claims set forth against you. You are warned that if you fail to do so the case,may proceed without you and a
.judgment may be entered against you by the court without further notice. for any money claimed in .the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights :important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER' OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
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David J. Lanza
I:D. No. 55782
2132 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
Attorney for Plaintiff
CONSOLIDATED PROPERTIES,
Plaintiff
y.
LISA MATUI<A1TIS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
COMPLAINT
CIVIL ACTION- LAV'V
1. The Plaintiff, Consolidated Properties, is the owner of the real estate situate at 3312 Trindle
Road, Camp Hill, PA 17011.
2. The ..Defendant, Lisa Matukaitis, is an adult individual with. an address at 2711 Logan Street,
Camp F-lill, PA 17011.
3. On or about August 20, 2008, Plaintiff and Defendant entered into a Lease Agreement for the
premises at 3312 Trindle Road, Camp Hill, PA 17011, whereby Defendant agreed fo pay rent iii the. amount.
of $ 1,090.00 per month..to Plaintiff. A-true .and correct copy of the aforesaid Agreement is attached hereto
as Exhibit "A."
4. Defendant has failed to pay rent for July 2010 or any point thereafter.
5. Defendant has terminated the lease without paying the lease termination fees set forth in § 3
of the Lease.
6. Defendant left the premises in an unclean condition, including the kitchen, appliances.
bathroom, floors, and numerous. additional portions of the premises..
7. Piainiff v~ras forced to replace ceiling tiles in the aforesaid premises that werE~ damaged by
Defendant,
8. Defendant abandoned.debris for Plaintiff to dispose of, including furnifure and unusable rugs
within the premises and broken up around the exterior of the premises.
9. Defendant damaged the walls of the premises, requiring painting and repair.
10. There is justly due and owing from Defendants to Plaintiff the sum of $ 1,527:08; calculated as
follows:
U! ~~,~ id rent and lease termination fees 2,180.00
Cleaning 115.00
Replacement of ceiling tiles 96.00
Removal of debris 150.00
Pa thing and painting 65.00
Certified mailing fees 11.08
Se^u~rity Deposit (1 090 00)
Total $ 1,527.08
11. Defendant, despite demand, has failed to pay the required ar~rounts-due.
12. Defendant has pretended not to have received Plaintiff's correspondence and has refused to
retrieve certified mail, thus causing Plaintiff to incur certified mailing costs and attorney fees unnecessarily.
WHEREFORE, P aintiffs demand judgment against Defendant in the amotant of $ 1,527:08, plus
costs, attorney fees and interest.
Respectfully submitted,.
~ `
~% .,
David J. Lanza
Attorney i.D. No~ 55782
21.32 Market Street
Camp HiII, PA 17011
Telephone (71'7) 730-3775
Attorney for Plaintiff
124-5
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I, ~c4tt Staiger, Controller, verify tf~at fibs sta~fa~ments' mach ih this ~~rrtl:~laint ~r~; true and rorreGt to t~he~~
best of my knovrledge, information ~znr:i belief. I understand that false :sti~fements made.. herein are made.:
subjectte the'F~~analtie~ of ~f3 Pa. ~.S..A. §~9Q4, relating tc~ unswornfeisificaton fic~ authorities.
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LEASE AGREEMEN`T'
THIS LEASE., made this 20th day of AuQUSt, 2008 BETWEEN
Consolidated Properties,. The Owner or Landlord, AND Lisa.
Matukaitis Hereinafter whether one or more, referred to' as
"Tenant")
WITNESSETH: That Owner hereby leases to Tenant.. and the
latter lets from the former, the house designated as 3312 Trndle
Road. Camp Hili PA 17011 hereinafter called the "premises", for
the term of Twelve f12) Months beginning on the; 1st day of
Sen tuber 2008 and ending on the 31st da of
rent of Thirteen Thousand and Ei ht and y00 100($132080.00) per
year payable in monthly installments of One Thousand and Ninet
and 00/100 Dollars ($1,090.00) due on the 1st of each and-every
month in advance. Premises is "being rented in an " as-is°''
condition.
This letting is upon the following terms and conditions:
1. Rent. Tenant agrees to pay to Landlord the monthly rent
set forth above on the 1st day of each month in advance, at such
place as Landlord shall designate. Tenant further shall pay a
late charge of .five (50) percent per month of the' amount of .rent
in default on the 3rd day of each month. If rental payment is not
received by the 5th' day. of any given month additional late fee
charctes will accrue at $5.00 pe.r day until payment is received.
If rental is mailed, the postmark 'date will determine the day of
payment. If any check for the rent is returned to Landlord for
insufficient funds or other reasons, a $20.00 servzce charge will
be charged.
2. Waiver of Notice to .Quit. Tenant hereby waives the usual
notice to quit and agrees to surrender the premises at the
expiration of said term, or the termination of this lease for
whatever- reason, forfeiture or otherwise without notice from
lessor whatsoever. If proceedings.. shall be commenced by lessor to
recover possession of the premises, either at the :expiration of
the term or earlier termination of the lease, or fore non-payment
of rent, or for an other reason, tenant specifically waives' the
right to three '(3) months notice and to fifteen
(30) days notice or any other notice required under~t)he Landlord
and.. Tenant Act of 1951. as amended, and agrees that no no ice
whatsoever shall be required.
3• .Tenant Pre-Mature. Termination. Tenant may terminate this
lease without cause prior to its expiration date only by giving
written natice to Landlord at least two full calendar months
days} in advance of the termination date effective from either the
1st or 15th of any given month; and, if Tenant elects to move
prior to the termination date, Tenant must pay to Landlord, at the
time notice is given, all rent due. to the termination .date. In
any event, rent must be paid to termination date prior to Tenant's
move, .upkeep of the unit must be maintained to termination.. date,
and utilities must be maintained to termination date. Tf a
termination by the Tenant takes effect prior to the original
termination date, Tenant shall also pay to Landlord at the time
notice of termination is given a penalty for the early lease
termination. This penalty or any portion of it is not refundable.
This penalty will be determined as follows:
a•) If at the time the lease terminates (60 days after
the notice is given} There is more then six (6) full
months remaining of Lease or Renewal Term. you mu t pay
to Landlord the amount equal to three (3) months rent as
the penalty.
b•) If four (4}, five (5) or six (6) .full months
remain of .Lease or Renewal Term, the penalty will equal
two (2) Months rent.
~=•) If three (3) full months or less remain of pease
or Renewal Term, the penalty wi11 equal one (1} months
rent.
4. Rental Increases and Renewals. Landlord may increase the
monthly rent or change the term of this Lease on written notice to
Tenant given at least Seventy (70) days in advance of the lit da
of the month.. in which the increase in rent or change in Lease term
is effective, but Landlord may not .make an increase or a change in
the Lease term during the term of the Lease. Rent increases or
change in Lease term spa l take effect in the manner specified by
Landlord.. This lease shall continue for a like term under the
same terms and conditions as stated herein unless either party
shall give notice in~wrting to the other party at least sixty
(60) days prior to the end of this lease of his intention to
terminate the lease agreement or continue .same under changed terms
or conditions.
5. .Use. Nn unit shall be used for any other purpose other
than a private dwelling for the Tenants or Tenants and his, her or
their immediate family. No professional business or home
occupation of any nature'shall be permitted. to be conducted within
the house even if accessory to the main residential use of the
Unit. Tenant shall not permit or suffer anything to be done or
kept upon or .within the Unit or which will interfere with the
rights of the other occupants, annoy them with unreasonable noises
or otherwise, nor will Tenant commit or permit any nuisance or
commit or suffer. any immoral or illegal act to be committed within
the Unit.
6. Utilities., Tenant understands that equipment for
utilities to service the Unit is .installed therein and Tenant
agrees that the cost of utilities shall be paid as follows.
UTILITY
TO BE PAID BY
Heating. of Premises. (Gas)
Heating of Water for Premises
Electricity
Gas
Water
Telephone
Cable TV Service
Sewer
Trash
Resident
Res
Resident
Resident
Resident
Resident
Resident
Resident (billed by landlord
Resident
Landlord shall have the right temporarily to stop the services of
any utility in the event of accident affecting the same or to
facilitate repairs or alterations made to the Building.
7. Care of Premises.. The property is rented on an " As-Is"
Basis. Tenant shall use due care in the use of the premises, the
appliances, therein, and all other parts of Owner's or A.gent's
Property. It shall be the responsibility of the Tenant. to repair
and maintain, at Tenant"s expense, all appliances 'including, but
not limited to, range and oven, dishwasher, garbage disposal. Upon
the expiration or sooner termination of this Lease, all appliances
not in working condition sha11 be repaired at Tenant's expense and'
the cost thereof shall. be deducted from Tenant's security deposit'
as hereinafter provided.
8. Rules and Regulations Concerning Use and Occupancy.
Tenant's use and occupancy of the Unx.t, and other portions of the
Property shall be subjeot to the following regulations:
A. One pet, will be allowed in the premises. No other pets
or animals will be allowed.
B. No resident shall place or permit to be placed or
maintained any sign .or advertising matter or device or any
roof aerial or other structure. in any window of the apartment:
or elsewhere or upon the Owner's property. No resident:
shallplace or .permit to be placed or maintained any swning,
screen, shade or blind in or at any window of the apartment,
without prior consent of the Owner or Agent. Damage to storm
doors and .windows due to negligence will be the
responsibility of the tenant.
C• Tenant shall use plumbing and electrical installations
only for their intended purposes and shall be fully
responsible for the maintenance of same and for cleaning. of
any. stoppages in waste water lines. Tenant will, be
responsible for all maintenance to the furnace.
D. Maximum cost to .tenant on a yearly basis for maintenance,
repairs,, and/or replacements on is $.600.00. Over $600.00
will be covered by Landlord.
E. Maximum occupancy; No more 'than Three person(s) will be
permitted to occupy the House, designated. as Lisa Matukaitis
and her 2 sons
F. Tenant(s) agree(s) that Owner or Agent may change their
regulations from time to time as may be required to protect
the. house or Owner's other property to adcl to tenant's
enjoyment of it.
G. Tenant {s') are allowed only N~A.• parking space (s)in parking
lot.
H. Tenant will be responsible for all lawn care, including
but not limited to, moving of lawn, trimming of bushes, and
weeding. Tenant will be responsible for Snow Removal.
Costs associated with this do not count toward t:he
cost for maintenance and repair in D above
I• Landlord will be responsible for any maintenance to
the roof and foundation of the house.
J• Landlord will not replace the freezer,. oven., stove,
refrigerator, washer, dryer should they stop working.
9. Damage by Fire. If the :Unit is damaged by -fire or other
casualty, Landlord shall repair. within a reasonable time and gent
shall continue unless the casualty renders the Unit untenantable,
in which case this lease shall terminate and Tenant, upon payment
of all rent to the date the Unit is surrendered, shall not be
liable for any further. rent. If only a portion of the Unit is
rendered untenantable, the Tenant may, with the-mutual agreement
of Landlord, alternatively choose to continue in: possession and
shall thereupon be. entitled to a pro rata reduction in the amount
of rentprovided that the election to proceed under this
alternative shall not be a waiver of Tenant' s right to termina E;
if repairs are not made within ninety (90) days.
10. Property Damage and Personal In~urY. Tenant agrees that
Landlord shall not be liable for property damage or persona~_
injury occurring in the Unit or elsewhere on the :Property unless
the damage or injury results directly from Landlord's negligence.
Tenant is instructed,to purchase, at Tenant's expense, a Tenant's
Homeowner's Policy to insure his personal injury to Tenant., other
occupants, guests, car visitors, that occurs within the Unit or
elsewhere on the Property.
11. Right of Entry. Landlord, or any person authorized b~~
Landlord, shall have the right to enter the Unit at reasonable
times to inspect and after notice of termination is given, -to show
the house to prospective Tenants. .Landlord shall give 'T'enants
notice of his or their intention to enter, if poss~;ble. However,
Tenant consent shall not be necessary in case of emergency.
12. Security Deposit. Tenant agrees to pay as security .deposit
the amount of One Thousand-.and Ninety Dollars' and 00/100
($1090.00) Dollars- prior to the occupancy of the house. The
security deposit shall be held by Landlord as security for the
payment of all rent and other .amounts due from Tenant to Landlord
for the Tenant's performance of this Lease and against any damages
caused _by Tenant br. Tenant's family or other occupants to the
house or the Owner''s Property. Tenant understands and agrees that
the security deposit may not be applied as rent or as against any
other .amount due from. Tenant to Landlord,- without. Landlord's
written consent, and that monthly rent will be paid each month,
including the last month of the Lease term. Within thirty {30)
days following the' termination of this Lease, Landlord. shall
return the security deposit, less any deductions frdm it on
account of amounts owed by Tenant to Landlord by check payable to
all persons signing this Lease, mailed to a forwarding address
which must be furnished by Tenant in writing within five (5) days
after moving from the leased premises.
13. Default.
A. If any rent for the Unit comes due under the terms of
this Lease and if .the same .remains unpaid for five' (5) days
after written notice thereof by Landlord to Tenant, there
shall be deemed a default of this Lease.
B. If Tenant fails to comply with any term, covenantor
provision of this Lease other than the payment of rent, and
if te~~ant shall fail to make :reasonable measures to cure such
noncompliance within fifteen (15) days after written notice
thereof by Landlord to Tenant, there shall be deemed a
default of this lease.
C. If Tenant shall file a petition in bankruptcy or
receivership or if such a petition is filed against Tenant
andreasonable measures to discharge same are not taken within
thirty (30) days or written notice of such petition by
Landlord to Tenant, there shall be deemed a default of thi;>
Lease.
D. If Tenant shall make an assignment for the benefit. of
creditors or becomes insolvent, there shal:L be deemed a~:
default of this Lease.
E. Upon default of this Lease, Landlord may enter the Unit
as agent of Tenant and in Landlord's own right without being
liable for prosecution or damages therefor and relet the Unit
as agent of Tenant and receive rent therefor.
F. Upon such entry, Landlord shall use reasonable. eff.arts to
relet the Unit.
G. Upon such entry, all rights of Tenant to possess the unit
under this Lease shall be forfeited. Such entry by Landlord
shall not operate to release tenant from any rent to be paid
or covenants to be performed. during. the full term of .this
Lease.
H. Upon such entry, Landlord shall be authorized to make
such reasonable repairs in or to the Unit as may be necessary
to place the same in good order and condition for the purpose
of reletting.
I. Tenant shall be liable to Landlord for the reasonable
casts of such repairs and all reasonable expenses in
reletting, including, but not limited. tc, any real estate
brokerage commission.
15. CONFESSION OF JUDGMENT FOR POSSESSION OF UNIT. TENANT
AGREES THAT ~F THIS .LEASE SHALL. BE TERMINATED, EITHER BECAUSE OF
CONDITIONS .BROKEN DURING THE TERM OF THIS .LEASE OF ANY HOLDING
OVER THEREOF, OR WHEN THE TERM HEREBY CREATED SHALL HAVE EXPIRED,
THEN, IN THAT EVENT, LANDLORD MAY CAUSE A JUDGMENT OF EJECTMENT TO
BE ENTERED AGAINST TENANT FOR POSSESSION OF THE UNIT, AND,FOR THAT
PURPOSE TENANfi HEREBY AUTHORIZED-AND EMPOWERS ANY PROTHONOTARY,
CLERK OE' COURT OR ATTORNEY OF ANY COURT OF RECORD TO APPEAR .FOR
TENANT AND CONFESS JUDGMENT AGAINST TENANT IN E'JECTMEN`i' FOR
POSSESSION OF THE UNIT. FURTHER, TENANT COVENANTS AND AGREES THAT
LANDLORD MAY COMMENCE AN ACTION PURSUANT TO THE PENNSYLVANIA RULE'S
OF CIVIL PROCEDURES .FOR THE ENTRY OF AN ORDER IN EJECTMENT FOR
POSSESSION OF REAL PROPERTY, AND TENANT FURTHER AGREES THAT A WRIT
OF POSSESSION PUR'SUAN'T THEREOF MAY BE ISSUED FORTHWITH, ~'OR `WHICH
AUTHORIZATION TO CONFESS JUDGMENT AND FOR THE ISSUANCE 0'~' A WRLT
OR, WRITS OF .POSSESSION PURSUANT THEREOF MAY BE ISSUED FORTHWITH,
FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT AND FOR THE ISSUANCE
OF A WRIT OR WRITS OF POSSESSION PURSUANT THEREOF, THIS LEASE; OR
A-TRUE AND CORRECT COPY THEREOF, SHALL BE SUFFICIENT WARRANT.
Tenant, by affixing his signature immediately. at the end o:~
this- paragraph, hereby consents to the warrant. of attorney to
confess judgment and .such consent is made understandingly,,
intentionally and voluntarily and that Tenant's annual income
is in .excess of $10,000.00:
TENANT:
16. Subordination. This Lease is subject and subordinate to
the lien of all existing mortgages and all mortgages hereinafter
placed upon any .part of the Property which includes this ~Jnit.
Tenant agrees,. on request, to execute. such further instruments
evidencing such .subordination as Landlord may request, and,, if
Tenant fails to do so, Landlord is hereby empowered to do so in
the name of Tenant.
17. Assigning and Subletting. Tenant sha11 not assign this
Lease or sublet all or any portion of the Unit without Landlord's
prior written consent.
18. Declaration. of Governing Laws. This Lease shall be
governed by, cons rued and enforced in accordance with the laws of
the Commonwealth of Pennsylvania.
19. Cumulative Remedies. The specified remedies to which
Landlord may: resort under the terms of this Lease are cumulative
and. are. not ir?tended to be exclusive of any other remedies or
means of regress to which Landlord. may be lawfully entitled in
case of any default or threatened default by the Tenant cif any
provision or provisions of this Zease.
~;
20. Cumulative Remedied. The specified remedies to which Landlord may resort under
the terms of this Lease are cumulative and are not intended to be exclusive of any other
remedies or means of regress to which Landlord may be lawfully enti#led in case of any
default or~threatened default by the. Tenant of any provision or provisions of this Lease.
27. Entire Agreement and Modification. This Lease contains the entire agreement
between thy: parties and any executory agreements hereafter made shall be ineffective
to change, modify or discharge this Lease in whole or in part, unless such executory
agreement is in writing and signed by the .parties against whom enforcement of the
Lease, modification or discharge is sought.
22. Lease- Binding Upon Heirs Executors Administrators Successors and Assi ns. The
term "Tenant" used herein shall refer collectively to all persons named above, and signing
this lease as Tenant, and the liability of each such person shall be joint and several.
Notice given. by Landlord to any person named as Tenant or by any such person to
Landlord, shall bind all persons signing this lease as Tenant. The term: "Tenant" shalt
also refer to ahy persons named as heirs, executors, administrators, successors,. of the
respective parties hereto as if they were in every case Warned and expressed.
23. Seve~ If any provision of this Lease shall be declared invalid or unenforceable;
the remaining provisions of this Lease shall continue in full force and effect.
iN.W~TNESS WHEREOF, the parties hereto, intending to be legally bound- hereby, have
hereunto set their hands and seals the date and year first-above written.
TENAN
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(SEAL).
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
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Consolidated Properties
Case N
umber
vs.
Lisa Matukaitis 2010-7114
SHERIFF'S RETURN OF SERVICE
11/17/2010 03:52 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November
17, 2010 at 1552 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Lisa Matukaitis, by making known unto Ross Walker, adult in charge at 2711 Logan
Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to
him personally the said true and correct copy of the same.
SHERIFF COST: $41.94
November 18, 2010
RYAN BU GE
SO ANSWERS,
RON R ANDERSON, SHERIFF
(ci CountySuite Sheriff. Teleosoft. Inc.
CONSOLIDATED PROPERTIES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff,
V.
LISA MATUKAITIS
Defendant.
: PENNSYLVANIA
CIVIL ACTION - LAW C")
MOD
Cry f"'
NO. 10-7114
JURY TRIAL DEMANDED
To the Plaintiff:
NOTICE TO DEFEND
r.?
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 any other claim or relief requested by the
plaintiff. You may lose money or property or other important rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: 717-249-3166
CONSOLIDATED PROPERTIES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff,
V.
LISA MATUKAITIS
Defendant.
CIVIL ACTION - LAW
NO. 10-7114
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS
AND COUNTERCLAIM FOR BREACH OF IMPLIED WARRANTY OF
HABITABILITY; FAILURE TO RETURN SECURITY DEPOSIT; VIOLATIONS
OF PENNSYLVANIA CONSUMER PROTECTION LAW; AND CONVERSION
Defendant, Lisa Matukaitis preliminarily objects to the Complaint of Consolidated
Properties and hereby files a Counterclaim and Affirmative Defenses against Consolidated
Properties for breach of implied warranty of habitability, failure to return security deposit in
violation of the Pennsylvania Landlord Tenant Law of 1951, violations of the Pennsylvania
Consumer Protection Law, and conversion as follows:
1. COUNTER STATEMENT OF FACTS
1. Lisa Matukaitis (hereinafter "Ms. Matukaitis") rented a three bedroom from Plaintiff
Consolidated Properties (hereinafter 'Landlord") beginning on August 31, 2008 for 12
months at 3312 Trindle Road, Camp Hill, PA 17011, where she lived with her two children.
2. The written lease also required a security deposit of $1,090.00, which Ms. Matukaitis
paid in August of 2008.
3. Ms. Matukaitis paid her monthly rent of $1,090.00 per month every month she lived
there.
4. The lease between the parties ended on August 31, 2009.
5. Prior to the expiration of the lease, the Landlord provided Ms. Matukaitis with a
renewal addendum to the lease, requesting Ms. Matukaitis renew the lease for another 12
month lease term.
6. Ms. Matukaitis did not sign a lease renewal, indicating her intent not to renew the
lease for an additional one year term.
7. Therefore, the written lease ended on August 31, 2009.
8. Thereafter, Ms. Matukaitis became a holdover or a month to month tenant.
9. As a month-to-month tenant, Ms. Matukaitis did not have to provide notice to
terminate the month-to-month tenancy.
10. On or about January 2007, Ms. Matukaitis received a bill from UGI for heat.
11. The bill showed charges for gas heat of $502.39 for the billing period November 15,
2006 to December 16, 2006.
12. Ms. Matukaitis was shocked by this exorbitant gas bill, as her previous bills in the
unit were approximately $100 per month.
13. Ms. Matukaitis contacted the Defendant landlord about this problem, who failed to fix
the heating problem.
14. For example, in January and February of 2010, Ms. Matukaitis received exorbitant
heating bills for $627.29 and $415.34, respectively. See Exhibit 1.
2
15. In March of 2010, Ms. Matukaitis' car was damaged by a tree that fell from the
adjoining property. See Exhibit 2.
16. Ms. Matukaitis promptly notified the Landlord of these issues and damages.
17. The Landord failed to remove the tree from Ms. Matukaitis' car or from the property.
18. At the same time, Ms. Matukaitis informed the Landlord of the strong smell of feces
and urine that was emanating from the adjoining property, which rendered the premises at
3312 Trindle Road uninhabitable.
19. The Landlord failed to inspect the premises or take any action.
20. Ms. Matukaitis then contacted the Camp Hill Borough Housing Inspector.
21. The Camp Hill Borough Housing Inspector informed Ms. Matukaitis that the
adjoining property owners were not using indoor plumbing, that they were urinating and
defecating into buckets. There were several violations of the housing code and they were
ordered to remove their carpets, debris, and the excessive numbers of cats (over 20).
22. The housing code violations were not corrected.
23. On May 31, 2010, Ms. Matukaitis provided written notice to the Landlord to
terminate her month to month tenancy and provided the Landlord with her new address. See
Exhibit 3.
24. Ms. Matukaitis paid the last month of rent for June of 2010 and vacated the premises
on or about June 30, 2010. See Exhibit 3.
25. The Defendant Landlord also failed to return Ms. Matukaitis' security deposit in the
amount of $1,090.00. See Exhibit 4.
3
26. Instead, the Landlord has now sued Ms. Matukaitis, now claiming it cost $437.08 for
cleaning, replacement of ceiling tiles, removal of debris, patching and painting, and certified
mailing fees.
27. The Defendant Landlord submitted these false charges and failed to provide receipts
or accounting for these alleged charges, knowing they were false, in an attempt to deprive
Ms. Matukaitis of her property, i.e., her $1,090.00 security deposit.
28. Additionally, even assuming these charges were correct, which Ms. Matukaitis does
not concede, the Landlord still owed $652.92 to Ms. Matukaitis for the remainder of her
security deposit, at a minimum.
29. Instead of returning Ms. Matukaitis' security deposit or even a portion thereof, as is
required under the Pennsylvania Landlord Tenant Law of 1951, the Landlord applied Ms.
Matukaitis' security deposit to its false claim for unpaid rent.
30. The Defendant Landlord is fully aware that Ms. Matukaitis' written lease expired on
or about August 31, 2009, there was no written lease renewal for another 12 month term, and
thereafter became a month-to-month tenancy.
31. Even so, the Defendant Landlord is falsely claiming that Ms. Matukaitis had to give
three months notice to vacate her month-to-month tenancy.
II. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER
FOR LEGAL INSUFFICIENCY OF PLAINTIFF'S COMPLAINT
32. Paragraphs 1 through 31 are incorporated by reference as though fully stated herein.
33. Pa.R.Civ.P. 1028(a)(4) permits preliminary objections to challenge the "legal
sufficient of a pleading (demurrer)".
4
34. Although Plaintiff provides no named legal theories for its Complaint, it purports to
set forth a cause of action based on breach of contract of a residential lease under the
Pennsylvania Landlord Tenant Law.
35. Defendant has failed to plead a cause of action for breach of contract and Defendant
has failed to produce any signed writing that evidences a contract between the parties
after August 31, 2009.
36. Thus, after August 31, 2009, under Pennsylvania law Ms. Matukaitis became a
"holdover tenant" for a month to month tenancy. A holdover tenant is a tenant who
remains in possession after the expiration of the term of the lease, without any further
agreement between the parties, and the landlord accepts rental payments on the basis
of the rents paid under the expired written. lease. See e.g., Dinavel Enters. v. Four
Corners Health Clubs, 1996 U.S. Dist. LEXIS 1160 (E.D. Pa. 1996).
37. The conduct of the parties, including Ms. Matukaitis' refusal to sign another lease for
a term of a year upon the expiration of the August 31, 2008 agreement on August 31,
2009, along with Ms. Matukaitis' monthly rental payments, support the existence of a
month-to-month tenancy after the expiration of the written lease on or about August
31, 2009. See RESTATFMF_,NT (SECOND) OF PROPERTY § 1.5 (2003).
38. Where there is a month-to-month tenancy, no notice is required to terminate the
tenancy. As such, the Landlord has failed to state a cause of action for breach of
contract against Ms. Matukaitis.
WHEREFORE, Defendant Lisa Matukaitis respectfully requests that this Honorable Court
sustain her Preliminary Objections and dismiss Plaintiff s Complaint with prejudice.
III. COUNTER CLAIM AND AFFIRMATIVE DEFENSES
AGAINST CONSOLIDATED PROPERTIES
COUNT ONE
BREACH OF IMPLIED WARRANTY OF HABITABILITY
39. Paragraphs 1 through 38 are to be included in this Count as if they had been reprinted
here.
40. The common law warranty of habitability is implied into residential leases, including
Ms. Matukaitis' lease and the subsequent month to month tenancy.
41. Among the defective housing conditions included the improper heating in the winter-
time, the infestation of mice, the smell of urine and feces emanating from the adjacent
property, and damage to Ms. Matukaitis' car from the adjacent property owner's tree,
which while requested were not corrected by the Landlord.
42. The defective housing conditions made the premises unsafe and unsanitary.
43. The Landlord was notified of the housing code violations by the Camp Hill Borough
Housing Inspector; however, he failed to repair the violations.
44. The defective housing conditions maintained by the Landlord justified the termination
of the contract, if any.
45. Furthermore, Ms. Matukaitis had the right to elect to leave the rented premises based
upon the Defendant Landlord's breach of the implied warranty of habitability.
WHEREFORE, Plaintiff claims against Defendant damages in an amount less than $35,000
plus such reasonable costs as the court may allow including attorneys' fees as a result of his
Breach of Implied Warranty of Habitability.
COUNT TWO
VIOLATIONS OF THE LANDLORD TENANT ACT FOR
FAILURE TO RETURN SECURITY DEPOSIT
46. Paragraphs 1 through 46 are to be included in this count as if they had been reprinted
here.
47. Defendant violated the Landlord Tenant Act, 68 P.S. 250.511.1 to 512 for failing to
return Ms. Matukaitis' $1,090.00 security deposit.
48. The Defendant Landlord was provided with Ms. Matukaitis' new address.
49. The Defendant Landlord failed to provide a written list of damages to Ms. Matukaitis
within 30 days of the termination of the lease.
50. As a result of the Defendant Landlord's violations, he forfeited any right to keep the
security deposit; he forfeited any right Ms. Matukaitis for alleged damages caused to
the leasehold; and he is liable for double the amount of damages to Ms. Matukaitis.
WHEREFORE, Plaintiff claims against Defendant, damages in an amount less than $35,000
plus such reasonable costs including attorneys' fees as the court may allow as a result of his
Violation of the Landlord Tenant Act for Failure to Return Security Deposit.
COUNT THREE
VIOLATIONS OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW
51. Paragraphs 1 through 50 are to be included in this count as if they had been reprinted
here.
52. Ms. Matukaitis leased the premises from the Defendant Landlord primarily for
personal, family or household purposes; the Defendant Landlord committed one or
7
more unfair trade practices in violation of the Consumer Protection Law; and as a
result of the Defendant Landlord's violations of the Consumer Protection Law, Ms.
Matukaitis suffered an ascertainable loss of money or property.
53. The Consumer Protection Law specifically prohibits "knowingly misrepresenting that
services, replacements or repairs are needed if they are not needed... ".
54. The Defendant Landlord violated the Consumer Protection Law when he
misrepresented the existence and extent of tenant-caused damage to Ms. Matukaitis'
apartment as an excuse for withholding her security deposit.
55. The Consumer Protection Law specifically states that "failing to comply with the
terms of any written guarantee or warranty given to the buyer at, prior to or after a
contract for the purchase of good is made" is an unfair trade practice.
56. The Defendant Landlord violated the Consumer Protection Law by continuously and
systematically breaching the implied warranty of habitability, including allowing
rodent infestation, failing to fix water damage caused by a leaking roof and pipes,
failing to remove a 20 or more foot pine tree that fell on Ms. Matukaitis' car, and
failing to fix the heat during the winter months.
57. As a result of the Defendant Landlord's violations of the Consumer Protection Law,
Ms. Matukaitis suffered economic damages, including, loss of her security deposit in
the amount of $1,090.00, loss of her property amounting to over $500.00, and damage
to her credit.
WHEREFORE, Plaintiff claims against Defendant actual, statutory, and treble damages in an
amount less than $35,000 plus such reasonable costs as the court may allow, including
attorneys' fees, as a result of his violations of the Pennsylvania Consumer Protection Law.
8
WHEREFORE, Defendant, Lisa Matukaitis claims of the Defendant Landlord
compensatory damages, including damages for damage to her credit, as well as punitive
damages, as well as any and all relief allowable by law, including but not limited to
restitution for attorneys' fees. Such claims are less than $35,000.00.
COUNT FOUR
CONVERSION
58. Paragraphs 1 through 57 are to be included in this count as if they had been reprinted
here.
59. The Landlord took Ms. Matukaitis' personal property, including a washer and dryer,
and failed to return it to her.
60. The Defendant Landlord deprived Ms. Matukaitis of her right to her property or her
use and possession of it without her consent and without lawful justification.
61. As a result, Defendant converted Ms. Matukaitis property and is liable for her
damages as a result of his unlawful conversion.
WHEREFORE, Plaintiff claims against Defendant compensatory and punitive damages in an
amount less than $35,000 plus such reasonable costs as the court may allow including
reasonable attorneys' fees as a result of his Conversion of Ms. Matukaitis personal property.
9
JURY TRIAL DEMANDED.
Respectfully submitted,
U i Doi 0 Oav!
Lisa Matukaitis
Pro Se
2711 Logan Street
Camp Hill, PA 17011
DATED: December 7, 2010
10
EXHIBIT I
ANN&
H
?_-? oAS rrAricE
Billing Summary for Service to:
LISA MATUKAITIS
FLOOR 1
3312 TRINDLE RD
CAMP HILL PA 17011
Rate Classification:
Residential Heating
Billing Period:
12/30/2009 to 01128/2010 (29 days)
Remote Device Read
Questions?
Call 800-276-2722 or write to UGI at
PO BOX 13009
Reading, PA 19612-3009
'Your current UGI charges include
State taxes totaling about $13.37.
Past Bill Information - UGI Utility
The account balance on your last bill was ................ $ 627.29 (;'U,$'diT1f?p Number
Thank you for your payment of ..................................... -594.00
Late Charge __.... _ ............................................................. 0.42 216 551 5118 22
Your balance as of 02/0212010 (due now) ............... 33.1
Current Bill Information - UGI Utility
Customer Charge ..................... _...,_................................. 8.55
Commodity Charge ( 328 CCF at $0.85409) ............ 280.14
Distribution Charges First 50 CCF at $0.44460) ...
Distribution Charges Next 278 CCF at $0
37993) 22.23
105
62
.
.
PA State Tax Surcharge ..................................................
Total C
t Ch
UGI Utilit .
urren
arges -
y ............................... 415.34
UGI Utility charges owed this bill ............................. ..................................................... $ 449.05
Total Amount Due, Plano Pay by Due Date (02!2912010) ..................................... $ 449.05
Motor Information - Next Read Bob March 2, 2010
Average CCF Par Day 15.0 Motor Number Previous Reading Pro snt Reading CCF Used
13.6 1269068 5751 (remote) 6079 (remote) 328
12.0
10.5 NJ Messages from UGI
¦ Your current price to compare is $ 0.85410 /CCF.
Last This
Average Year Year
CCF/day 5:7 11.3
Daily temperature 26°F 31°F
H
&??,Ar ffRr/Cf
¦Your total annual usage is 1,371 CCF. Your average monthly usage is 114 CCF.
¦ Help prevent pipeline damage, accidents and service disruptions. Call 811 before you dig
N
¦ Sign up to view and pay your future UGI bills online at www.ugi.com.
i;
8
Please pay by the due date
to avoid the late charge.
Please return this portion
with your payment
If you pay at a payment agent please take your entire bill. Make check payable to UGI.
Keep this part for your records. Important Information is on the back of this bill. j
UGI Utilities, Inc. Customer Number
PO Box 71203 216 551 5118 22
Philadelphia, PA 19176
RH
AV 01 000381.3a4718 2 A**51DGT
++III+III'1lrl?fl+Il?1??1?1+11?I?Ii+ultl,tllil???lilf?????tl,;;
LISA MATVKAITIS
FLOOR 1
3312 TRINDLE' RD
CANT' HILL PA 17011-4433
D No
February 23, 2010
$ 449.05
W19t Late Charge
$ 454.66
280
216551511822022302000444050005610000000000000000000001
JFMAMJJASONDJ
2009 Months 2010
EXHIBIT 2
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1?1
EXHIBIT 3
1?
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i
MATUKAITIS
LAW LLC
Lisa Matukaitis, Esq.*
211 State Street
S u i t e 1 0 0
H a r r i s b u r g
Pennsylvania
1 7 1 0 1
Tel:717-412-7759
=ax:717-412-7764
m@matlawllc.com
Nww.matlawllc.com
*Admitted in PA and CT
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400 North Front Street
Wormleysburg, PA 17043
717 - 761-3558
CONSOLIDATED
PROPERTIES
June 7, 2010
Lisa Matukaitis
3312 Trindle Road
Camp Hill, PA 17011
Dear Ms. Matukaitis:
On June 3, 2010 we received your June rent along with a letter stating that you
were giving a thirty (30) day notice to terminate your lease and vacate the property
located at 3312 Trindle Road, Camp Hill. We followed up with a phone call on that
same day informing you that your lease requires a sixty (60) day notice and penalty
associated with early termination.
As stated in paragraph 3: Tenant Pre-Mature Termination. Tenant may terminate
this lease without cause prior to its expiration date only by giving written notice to
Landlord at least two full calendar months (60 days) in advance of the termination
date effective from either the 1st or 15th of any given month; and, if Tenant elects
to move prior to the termination date, Tenant must pay to Landlord, at the time
notice is given, all rent due to the termination date. In any event, rent must be paid
to termination date prior to Tenant's move, upkeep of the unit must be
maintained to termination date, and utilities must be maintained to
termination date. If a termination by the Tenant takes effect prior to the original
termination date, Tenant shall also pay to Landlord at the time notice of termination
is given a penalty for the early lease termination. This penalty or any portion of it is
not refundable. This penalty will be determined as follows:
a.) If at the time the lease terminates (60 days after the notice is given)
There is more then six (6) full months remaining of Lease or Renewal
Term you must pay to Landlord the amount equal to three (3) months
rent as the penalty.
b.) If four (4), five (5) or six (6) full months remain of Lease or Renewal
Term, the penalty will equal two (2) Months rent.
c.) If three (3) full months or less remain of Lease or Renewal Term,
the penalty will equal one (1) months rent.
Your lease presently terminates on August 31, 2010. As your notice to terminate
the lease is dated May 31, 2010, under paragraph 3 of your lease, requiring sixty
(60) day notice for early termination you will be responsible for July's rent and
liquidated damages in the amount of $1,090, which is due immediately for your
termination to be effective. In addition you will be responsible for all utilities and
upkeep through the end of July. If you leave before July 1, 2010 the rent for July is
due immediately.
Reminder---Section 13 of your lease states: "Resident understands and agrees
that the security deposit may not be applied as rent or against any other amount
due from Resident to Owner, or Agent, without Owner's or Agent's written consent,
and that monthly rent will be paid each month, including the last month of the lease
term".
We do expect the home to be left in good condition and ready for move in. If you
have any questions at this time, please call me at 761-8866.
Sincerely,
Vicki Brewer
Administrative Office
cc: Jerry Duffie, Esquire
MATUKAITIS
LAW LLC
Lisa Matukaitis, Esq.*
211 State Street
S u i t e 1 0 0
H a r r i s b u r g
Pennsylvania
1 7 1 0 1
Tel:717-412-7759
Fax:717-412-7764
Im@matlawllc.com
www.matlawllc.com
*Admitted in PA and CT
Via Hand Deliver
Vicki Brewer
Consolidated Properties
400 North Front Street
Wormleysburg, PA 17043
July 1, 2010
Re: 3312 Trindle Road Camp Hill PA
Dear Vicki:
Reference is made to your letter dated June 7, 2010, which was not
mailed until June 28, 2010 and which I just received today.
Please be advised that I dispute your reading of the lease. The
lease term was for one year, beginning September 1, 2008 and ending
August 31, 2009. After that one year term, under Pennsylvania law, the
lease reverted to a month to month tenancy. There is no signed addendum
to the lease extending it to another one year term. Contracts for a year are
required to be in writing.
Repeatedly over the last several months, the duty of the implied
warranty of habitability has been breached by the landlord. In early
March of 2010, 1 notified you and the Camp Hill police that a pine tree
had fallen from the adjacent property owner onto my car, causing damage.
The tree-which was 20 to 30 feet--has never been removed from the
property at 3312 Trindle Road. Furthermore, the housing inspector has
been repeatedly at the adjacent property because of severely unsanitary
conditions, including them defecating in their home and not using toilets.
The smell from this property has caused an uninhabitable condition for me
and my children. Again, nothing was done to rectify the situation.
Given the foregoing, I was within my rights under Pennsylvania
law to provide 30 days notice on May 31, 2010 to terminate my month to
month tenancy on June 30, 2010 and am not liable for any additional as
you assert. Enclosed are the keys to the property. My security deposit in
the amount of $1090.00 should be returned to me as required by the
Pennsylvania Landlord Tenant Act at 2711 Logan Street, Camp Hill, PA
17011. Thank you.
Very truly yours,
Lisa Matukaitis, Esq.
Enclosures: As stated
VERIFICATION
I hereby verify that the statements contained in this complaint are true and correct to
the best of my knowledge, information and belief. I understand that false statements
contained herein are subject to the penalties of 18 PA.C.S. Section 4904, relating to
unsworn falsification to authorities.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 6t' Day of August 2008, a true and correct copy
of the foregoing was served by first-class mail, postage prepaid, upon the following:
David J. Lanza, Esq.
2132 Market Street
Camp Hill, PA 17011
Lisa Matukaitis, Esq.
David J. Lanza
I.I). No. 55782
2132 Market Street FILED-OFFI ?
Camp Hill, Pennsylvania 170 P THE p s F } r # R { ° r
(717) 730-3775
cal l FEB 15 P1: 7t.4
C"IJM BERLAND C0Ll
CONSOLIDATED PROPERTIES,
Plaintiff
V.
LISA MATUKAITIS
Defendant
NO. 10-7114
CIVIL ACTION - LAW
PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S DOCUMENT
LABELLED "PRELIMINARY OBJECTIONS AND COUNTERCLAIM FOR BREACH OF
IMPLIED WARRANTY OF HABITABILITY: FAILURE TO RETURN SECURITY DEPOSIT:
VIOLATIONS OF PENNSYLVANIA CONSUMER PROTECTION LAW: AND
CONVERSION"
1. The Plaintiff, Consolidated Properties, filed a Complaint in this matter on November 9, 2010.
2. The Defendant has not answered the Complaint.
3. The Defendant has purported to file Preliminary Objections to the Complaint.
4. At the same time Defendant purported to file Preliminary Objections, Defendant purported to
file a Counterclaim.
5. Defendant seeks damages through this Counterclaim without ever having answered the
Complaint.
6. Such Counterclaim is, at best, premature.
7. Defendant seeks to avoid the necessity of answering the Complaint through this improper
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
filing.
IV
8. Defendant's Preliminary Objections include a demurrer, which is inconsistent with the filing of
a counterclaim.
9. Defendant's filings violate Pennsylvania Rule of Civil Procedure 1031(a), which allows a
counterclaim only at the time of the filing of an answer.
10. Defendant seeks to proceed to trial without ever answering the allegations of Plaintiff's
Complaint.
11. Defendant's Preliminary Objections and Counterclaim should be stricken under Pennsylvania
Rule of Civil Procedure 1028(a)(2).
12. Defendant, as one who holds herself out to the public as an attorney, knows or should know
that one cannot pursue a counterclaim without answering the Complaint, and seeks to avoid this
requirement so as to avoid addressing Plaintiff's factual allegations and delay the prosecution of Plaintiff's
Complaint.
13. Defendant's conduct in seeking to pursue a counterclaim without answering the Complaint is
vexatious, obdurate and dilatory, thus entitling Plaintiff to attorney fees pursuant to 42 Pa.C.S.A. §2503.
WHEREFORE, Plaintiff demands that Defendant's pleading be stricken for failure to conform to law
and that attorney fees be awarded to Plaintiff.
Respectfully submitted,
.ZA
David J. Lanza
Attorney I.D. No. 55782
2132 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
124-5
CERTIFICATE OF SERVICE
AND NOW, this 15u' day of February 2011, the undersigned does hereby certify that he did this date
serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in
the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows:
Lisa Matukaitis
2711 Logan Street
Camp Hill, PA 17011
By:_ /I /
David J. Lanza
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
CAPTION OF CASE
(entire caption must be stated in full)
Consolidated Properties
Lisa Matukaitis
vs.
No. 10-7114 Tt
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's den
complaint, etc.):
Plaintiffs Preliminary Objections to Defendant's document labeled, inter alia, "Preliminary Objections and Counterclaim... "
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
David Lanza, 2132 Market Street, Camp Hill, PA 17011
(Name and Address)
(b) for defendants:
Lisa Matukaitis, 2711 Logan Street, Camp Hill, PA 17011
(Name and Address)
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
x-12 -t f 12-
Signature
c?>
w
cn
0
DkwLAH -M
Print your name
Date: Attorney for P i o,--
INSTRUCTIONS-
1. Original and two copies of all briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 14 days prior to argument.
3. The responding party shall file their brief 7 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
x?
rnr„:
-z?
C)
;- C
o"
an
r*}
..4
CA/AL
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter farXhera xt
Argument Court.) N
------------------------------------------------------------------------------------------------------------
CAPTION OF CASE ZVD W?=-
(entire caption must be stated in full) :;O=
A
Consolidated Properties -t,
ac, a X F3
vs. DZ IV cDr"rl
Lisa Matukaitis
No. 10 7114 Term
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Plaintiffs Preliminary Objections
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
David Lanza, 2132 Market Street, Camp Hill, PA 17011
(Name and Address)
(b) for defendants:
Lisa Matukaitis, 2711 Logan Street, Camp Hill, PA 17011
(Name and Address)
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
April 13, 2012
Signature
Print your name
David Lanza
,
Date: 2-14-12 Attorney for r
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 14 days prior to argument.
3. The responding party shall file their brief 7 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT Iq ?5 Pb AT 7Y
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
CBk4
p4t a ANDY
;LEI-PFFIC1~
#z THE WRO NDN0TIAlf
CONSOLIDATED PROPERTIES, : IN THE COURT OF COMMON PLEAS 0Jk12 APR 9 AM 11. 27
Plaintiff CUMBERLAND COUNTY, PENNSYLVA
CU ANO COUNTY
V. USYLVANIA
LISA MATUKAITIS, NO. 2010 -7114 CIVIL TERM
Defendant
IN RE: PLAINTIFF'S PRELIMINARY OBJECTIONS
BEFORE GUIDO, PECK. JJ.
ORDER OF COURT
AND NOW, this 171H day of APRIL, 2012, it being clear that Defendant's filing of a counterclaim
without filing an answer violates Pa. R.C.P. 1031(a) the counterclaim is STRICKEN. It further appearing
that the complaint sets forth a cause of action for breach of contract, Plaintiff's request to overrule
Defendant's preliminary objection in the nature of a demurrer is GRANTED. Defendant is directed to file
an answer (and any counterclaim she wishes) within twenty (20) days. Plaintiffs request for counsel
fees is DENIED.
By t
Edward E. Guido, J.
? DAVID LANZA, ESQUIRE
,-'LISA MATUKAITIS
COURT ADMINISTRATOR -.
:sld
G i e ma c lc.
Al 4ll ?
--Z:ry)
? ('t2cak- /?) -4? L
t. TFE PR?TH0'Ho T. , .
CONSOLIDATED PROPERTIES
Plaintiff,
V.
LISA MATUKAITIS
Defendant.
31 MAY -7 PM 1: .
CUMBERLAND COUH [Y
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 10-7114
JURY TRIAL DEMANDED
ANSWER, REPLY, AND COUNTERCLAIM FOR BREACH OF IMPLIED
WARRANTY OF HABITABILITY; FAILURE TO RETURN SECURITY DEPOSIT;
VIOLATIONS OF PENNSYLVANIA CONSUMER PROTECTION LAW; AND
CONVERSION
Defendant files this Answer, Counterclaim and Affirmative Defenses against
Consolidated Properties (hereinafter "Plaintiff' or "Landlord") for breach of implied
warranty of habitability, failure to return security deposit in violation of the Pennsylvania
Landlord Tenant Law of 1951, violations of the Pennsylvania Consumer Protection Law, and
conversion as follows:
ANSWER AND REPLY
1. Admitted upon information and belief.
2. Admitted.
3. Admitted in part, denied in part. It is admitted that Plaintiff and Defendant entered
into an Agreement for the lease of 3312 Trindle Road Camp Hill, PA 17011 from
September 1, 2008 and ending on August 31, 2009. The "Lease Agreement "is a document
which speaks for itself. In addition, the written lease also required a security deposit of
$1,090.00, which Defendant paid to Plaintiff in August of 2008. Defendant timely paid her
monthly rent during the lease period, which was September 1, 2009 through August 31,
2009. Thereafter, the written lease expired. Prior to the expiration of the lease, the
Landlord provided Defendant with a renewal addendum to the lease, requesting Defendant
renew the lease for another 12 month lease term. Defendant indicated her intent not to
renew the lease for an additional one-year term. Defendant paid her monthly rent of
$1,090.00 per month every month she lived at the property. Furthermore, during the
Defendant's tenancy the defective housing conditions maintained by the Landlord breached
the Landlord's implied warranty of habitability and justified the termination of the lease, if
any existed, after August 31, 2009.
4. Denied as stated. Defendant timely paid her monthly rent during the lease period,
which was September 1, 2009 through August 31, 2009. Thereafter, the written lease
expired. Prior to the expiration of the lease, the Landlord provided Defendant with a
renewal addendum to the lease, requesting Defendant renew the lease for another 12 month
lease term. Defendant indicated her intent not to renew the lease for an additional one-year
term. Defendant paid her monthly rent of $1,090.00 per month every month she lived at the
property. Furthermore, during the Defendant's tenancy the defective housing conditions
maintained by the Landlord breached the Landlord's implied warranty of habitability and
justified the termination of the lease, if any existed after August 31, 2009.
2
5. This paragraph contains a conclusion of law to which no response is required.
Paragraph 3 of the lease contains an unenforceable "penalty" provision.
6. Denied. Strict proof of Plaintiff's assertion in Paragraph 6 is demanded.
7. Denied. Strict proof of Plaintiff s assertion in Paragraph 7 is demanded.
8. Denied as stated. Strict proof of Plaintiff's assertion in Paragraph 8 is demanded.
Additionally, Plaintiff converted Defendant's washer and dryer and is liable to Defendant for
the cost of the converted washer and dryer.
9. Denied. Strict proof of Plaintiff's assertion in Paragraph 9 is demanded.
10. Denied that Plaintiff suffered any damages or that Defendant owes Plaintiff any sums,
including any sums for "unpaid rent" and "lease termination fees." Strict proof of Plaintiff's
alleged damages is demanded.
11. Denied as stated. It is specifically denied that Plaintiff suffered any damages or that
Defendant owes Plaintiff any sums or amounts. Strict proof of Plaintiff's alleged damages is
demanded.
12. Denied.
NEW MATTER AND
COUNTERCLAIM AGAINST CONSOLIDATED PROPERTIES
13. Paragraphs 1 through 12 are to be included in this Count as if they had been reprinted
here.
14. Defendant and her two children took possession of the leased premises on or about
September 1, 2008.
15. After taking possession of the premises, Defendant notified the Landlord of repairs
that needed to be made. These included: lack of smoke detectors in the premises, lack of fire
extinguishers, lack of heat in the bathroom, infestation of mice, an electrical problem in the
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kitchen whereby the electricity would turn off whenever the microwave was on, and
plumbing leaks from the second floor into the first floor.
16. On or about January 2010, Defendant received a bill from UGI for heat.
17. The bill showed charges for gas heat of $502.39 for the billing period November 15,
2009 to December 16, 2009. Defendant was shocked by this exorbitant gas bill, as her
previous bills in the unit were approximately $100 per month.
18. Defendant contacted the landlord about this problem, who failed to fix the heating
problem. For example, in January and February of 2010, Defendant received exorbitant
heating bills for $627.29 and $415.34, respectively.
19. In March of 2010, Defendant's car was damaged by a tree that fell from the adjoining
property
20. Defendant promptly notified the Landlord of these issues and damages.
21. The Landlord failed to remove the tree from Defendant's car or from the property.
22. At the same time, Defendant informed the Landlord of the strong smell of feces and
urine that was emanating from the adjoining property, which rendered the premises at 3312
Trindle Road uninhabitable.
23. The Landlord failed to inspect the premises or take any action.
24. Defendant then contacted the Camp Hill Borough Housing Inspector.
25. The Camp Hill Borough Housing Inspector informed Defendant that the adjoining
property owners were not using indoor plumbing, that they were urinating and defecating
into buckets. There were several violations of the housing code and they were ordered to
remove their carpets, debris, and the excessive numbers of cats (over 20).
26. The housing code violations were not corrected.
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27. On May 31, 2010, Defendant provided written notice to the Landlord to terminate her
month to month tenancy and provided the Landlord with her new address. See Exhibit 3.
28. Defendant paid the last month of rent for June of 2010 and vacated the premises on or
about June 30, 2010
29. The Defendant Landlord also failed to return Defendant's security deposit in the
amount of $1,090.00.
30. Instead, the Landlord has now sued Defendant, now claiming it cost $437.08 for
cleaning, replacement of ceiling tiles, removal of debris, patching and painting, and certified
mailing fees.
31. The Defendant Landlord submitted these false charges and failed to provide receipts
or accounting for these alleged charges, knowing they were false, in an attempt to deprive
Defendant of her property, i.e., her $1,090.00 security deposit.
32. Additionally, even assuming these charges were correct, which Defendant does not
concede, the Landlord still owed $652.92 to Defendant for the remainder of her security
deposit, at a minimum.
33. Instead of returning Defendant's security deposit or even a portion thereof, as is
required under the Pennsylvania Landlord Tenant Law of 1951, the Landlord applied
Defendant's security deposit to its false claim for unpaid rent.
COUNT ONE
BREACH OF IMPLIED WARRANTY OF HABITABILITY
Against Consolidated Properties
34. Paragraphs 1 through 33 are to be included in this Count as if they had been reprinted
here.
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35. The common law warranty of habitability is implied into residential leases, including
Defendant's lease and the subsequent month to month tenancy.
36. Among the defective housing conditions included the improper heating in the winter-
time, the infestation of mice, the smell of urine and feces emanating from the adjacent
property, electrical problems, leaking plumbing, and damage to Defendant's car from
the adjacent property owner's tree, which while requested were not corrected by the
Landlord.
37. The defective housing conditions made the premises unsafe and unsanitary.
38. The Landlord was notified of the housing code violations by the Camp Hill Borough
Housing Inspector; however, he failed to repair the violations.
39. The defective housing conditions maintained by the Landlord justified the termination
of the contract, if any.
40. Furthermore, Defendant had the right to elect to leave the rented premises based upon
the Defendant Landlord's breach of the implied warranty of habitability.
WHEREFORE, Defendant claims against the Landlord damages in an amount less than
$35,000 plus such reasonable costs as the court may allow including attorneys' fees as a
result of his Breach of Implied Warranty of Habitability.
COUNT TWO
VIOLATIONS OF THE LANDLORD TENANT ACT FOR
FAILURE TO RETURN SECURITY DEPOSIT
Against Consolidated Properties
41. Paragraphs 1 through 40 are to be included in this count as if they had been reprinted
here.
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42. The Landlord violated the Landlord Tenant Act, 68 P.S. 250.511.1 to 512 for failing
to return Defendant's $1,090.00 security deposit.
43. The Landlord was provided with Defendant's new address.
44. The Defendant Landlord failed to provide a written list of damages to Defendant
within 30 days of the termination of the lease.
45. As a result of the Landlord's violations, he forfeited any right to keep the security
deposit; he forfeited any right against Defendant for alleged damages caused to the
leasehold; and he is liable for double the amount of damages to Defendant.
WHEREFORE, Defendant claims against the Landlord, damages in an amount less than
$35,000 plus such reasonable costs including attorneys' fees as the court may allow as a
result of his Violation of the Landlord Tenant Act for Failure to Return Security Deposit.
COUNT THREE
VIOLATIONS OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW
Against Consolidated Properties
46. Paragraphs 1 through 45 are to be included in this count as if they had been reprinted
here.
47. Defendant leased the premises from the Landlord primarily for personal, family or
household purposes; the Landlord committed one or more unfair trade practices in
violation of the Consumer Protection Law; and as a result of the Landlord's violations
of the Consumer Protection Law, Defendant suffered an ascertainable loss of money
or property.
48. The Consumer Protection Law specifically prohibits "knowingly misrepresenting that
services, replacements or repairs are needed if they are not needed... ".
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49. The Landlord violated the Consumer Protection Law when he misrepresented the
existence and extent of tenant-caused damage to Ms. Matukaitis' apartment as an
excuse for withholding her security deposit.
50. The Consumer Protection Law specifically states that "failing to comply with the
terms of any written guarantee or warranty given to the buyer at, prior to or after a
contract for the purchase of good is made" is an unfair trade practice.
51. The Landlord violated the Consumer Protection Law by continuously and
systematically breaching the implied warranty of habitability, including allowing
rodent infestation, failing to fix an electrical problem, failing to fix water damage
caused by a leaking roof and pipes, failing to remove a 20 or more foot pine tree that
fell on Defendant's car, and failing to fix the heat during the winter months.
52. As a result of the Landlord's violations of the Consumer Protection Law, Defendant
suffered economic damages, including, loss of her security deposit in the amount of
$1,090.00, loss of her property amounting to over $500.00, and damage to her credit.
WHEREFORE, Defendant claims against the Landlord actual, statutory, and treble damages
in an amount less than $35,000 plus such reasonable costs as the court may allow, including
attorneys' fees, as a result of his violations of the Pennsylvania Consumer Protection Law.
COUNT FOUR
CONVERSION
Against Consolidated Properties
53. Paragraphs 1 through 52 are to be included in this count as if they had been reprinted
here.
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54. The Landlord took Defendant's personal property, including a washer and dryer, and.
failed to return it to her.
55. The Landlord deprived Defendant of her right to her property or her use and
possession of it without her consent and without lawful justification.
56. As a result, the Landlord converted Defendant's property and is liable for her
damages as a result of his unlawful conversion.
WHEREFORE, Defendant claims against the Landlord compensatory and punitive damages
in an amount less than $35,000 plus such reasonable costs as the court may allow including
reasonable attorneys' fees as a result of his Conversion of Defendant's personal property.
JURY TRIAL DEMANDED.
Respectfully submitted,
Li a Matukaitis
Pro Se
2711 Logan Street
Camp Hill, PA 17011
DATED: May 7, 2012
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VERIFICATION
I verify the statements made in this Answer, Reply, and Counterclaim are true and correct to
the best of my knowledge, information, and belief. I understand that false statements made
herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn
falsification to authorities.
L's k 1s
Da
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 7cn day of May 2012, a true and correct copy of
the foregoing was served by first-class mail, postage prepaid, upon the following:
David J. Lanza, Esq.
2132 Market Street
Camp Hill, PA 17011
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LAMatukai s
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