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Home My WebLink About01-2814 NOTICE OF APPEAL ~Cu~13Gr~-a~c~ ~ouGt~ Granch 9 th JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT . . [One Courthouse ~ is ~ ~ ~ ~ ~s fi~ in t~ ~ Co=t d ~ ~ ~ ~d ~ ~ m~d ~ ~ ~std~ Jusfi~ ~ t~ ~in~~~ 20 050-0~ ~ ~~- ~AL: ~ __~. m ECIPE TO ENTER RULE TO ~ILE C~PLAINT AND RULE TO FILE PRA ...... ~NT ~s~ ~ ~.C.P. JP. ~. I~I(7 ) in ~t~ ~ Dis~i~ ~l~e. F ~T USED, ~h ~ ~Y ~ ~ PRAECIPE: To ~Y ~ Kin Street Court . ~ULE= To. Ktu~ ScreeC Court _,~s). (2) ff ~ ~ ~ fl~ o ~ witch ~ is~of ~ (3) ~ ~ ~ ~v~ ~ ~s ~ ff ~H~ 20~ COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ( Thia proof of serwce MUST BE FILEO WI THIN TEN (rOi DA Y$ AFTER filing the notice of appeal. Check apP#Cable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby s.Wear or aff rm that I served F.~ a copy ol the Notice of Appeal. Common P~eas No. _ ~ . upon the District Justice designated Ihere~n on {date of serwce) [] by personal serwce [] by (certihed) (registered) mail. sender's receipl attached hater0, and upon Ihe appellee. (name) 19.______ [] by personal service F'l by (certified) (registered) ma)l, sender's receipt attached hereto. and further that I served the Rule to F eaComplaintacc°mpany~ngtheaboveNoticeofAppealupontheappeUee(s)towhom the Rule was addressed on ___ mail. sender's ~eceip! aUached heralD. , 19 . [] by personal service [] by (certified) (reg~slered] SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS .__ ---~ DAY OF _ '~ S~gnature o! afl, an! coMMONWEALTH OF PENNSYLVANIA NOTICE OF jUDGMENT/TRANSCRIPT CIVIL CASE coUNTY OF: COI~T.~iD PLAINTIFF: N~E a.d ADo~ESS 09'3-01 20& E~T ~ ~T. ~'~": 81 R~.~u'~' ~ ~O~ ~ VS. ~.O. ~ 361 OEFENDANT: ~Ea~o~ess ,,,.~,. t717 ~ 532-7676 17257'0361 871 ~; ~G S~- SHZ~P~B~G' P~ 17257 oc etNo.: -0000050-0[ 24~ ~ "'' ~S, [OateFi,ed: 3/19/01 ~s~G, PA 1~201 THIS IS TO NOTIFY YOU THAT: __ Judgment: ~ Judgment was entered for: (Name) [] Judgment was entered against: (Name) ~ in the amount of $ ~ on: (Date of Judgment) 4/'~ 1 ./al [-'~ Defendants are jointly and severally liable, (Date & Time) [] Damages will be assessed on: Amount of Judgment $~'~ $-- 100.5_0J Judgment CostS Interest on Judgment $-- .0_0_ Attorney Fees ~'-] This case dismissed without preiudice. Total ' $ Post Judgment Credits $--------------I Amount of Judgment Subject to [] Attachment/Act 5 of 1996 $__ Post Judgment Costs $----------~"=/ [] Levy is stayed for_ days or [] generally stayed. -- Certified Judgment Total $_--------------J ]Objection to levy has been filed and hearing will be held: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF jUDGMENT/TRANSCRIFT FORM WITH YOUR NOTI[".E OF APPEAL. ~ Date ~~. ~ , District Justice My commission expires first Monday of January. 2006 AOPC 315-99 BRUCE FULTON tJd/b/a KING : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STREET COURT, Plaintiff' : : : NO. 01-2814 CIVIL TERM ¥. LORI A. FURRY, : Defendant : NOTICE YOU HAVE BEEN SUED IN COURT. If you wish W defend the claims set forth in-the following pages, you must take acti~,,~ 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 ~ Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRUCE FULTON tddfo/a KING STREET COURT: Plaintiff : : : No. 01-2814 Civil Term VS. : LORI A. FURRY : Defendant : COMPLAINT AND NOW, comes the plaintiff, BRUCE FULTON tJd/b/a KINO STREET COURT, by and through his attorney, Robert B. Maclntyre, and respectfully avers the following: 1. Plaintiff is Bruce Fulton tdd]b/a King Street Court, an adult individual who owns and leases commercial real estate, and maintains a primary business address of 204 East King S~reet, Shippensburg, Curaberland County, Pennsylvania 17257. 2. Defendant is Lori A. Furry, an adult individual whose last known address is 871 West King Street, Shippansburg, Cumberland County, Pennsylvania 17257. 3. On or about December 8, 1998, defendant signed a lease wherein she agreed to rent a portion of commercial property for plaintiff for a period of one year at the cost of $7,200.00 or $600.00 per month. A copy oftbe lease is attached and marked as Exhibit A. 4. On or about May 9, 1999, defendant vacated the property without proper notice as required by the terms of the lease. 5. Upon examination of the premises, plaintiff found that a hole was cut in a wail for the installation of an air condition and an interior door was removed from the property. 6. The cost of repairing these damages totaled $96.92.. 7. Pursuant to the terms of the lease, defendant's failure to give proper notice prior to the termination of the lease subjects her to liability for the remaining baiance, to wit: $4,200.00, a sum representing rents due to the termination of the lease period. 8. According to the terms of the lease, plaintiff is entitled to the award of reasonable attorney fees which, in the instant case, are estimated to be approximately $750.00 9. In pursuing this matter, plaintiff has incurred court costs of $100.50 by filing initiating this action before District Justice Harold Bender. WHEREFORE, plaintiff demands judgment in his favor and against defendant in the amount of $5,147.42. Robert B. MacLntyre Attorney for Plaintiff 6000 Linglestown Road PO Box 6656 Harrisburg, PA 17112 (717) 652-9485 ID No. 36817 P~C~r~l'~ ~.~J PAI~ ~. .:~ ~ ·. "~; "'~ ~E ~AT~M[~ MADE IN THE FO~lNG D~UM~ ARE TR~E TO ~E B~ OF MY KNOWablE, INFORMATION ~D BE~. I ~NDE~O ~T ~ ~'.' ~ lNG TO UNS~RN FA~IFI~TION TQ A~t ~R~ ' ':~ ', ~ ~904 flEeT I , ,,~,, ',~ , .'~ "~ ...~,. , $~ et ti f' , . · . I / batueen K!nR ~~ ..... ,tp~ne ..~/~.~, .r ~~ ~'.~. (.~,..~.--~ .... ~' .. . 0~....;.:' . · .,.. L,, 20~~ct' S~-J'" c 'n~ ,. t)~ ~e~ nf cert.~ t,,provev ~=-- -- ..~ ~(flc~5, Lf~( is ~e ~.stot a~t ~- ~--' r · ._...1~'~ ' . C,ju,,li~ft~ ~tl,~fl,~ftc~' rT.~t~e'j, Sq.~eet ,d r,~c.', c~.,t.,b~lms~ a;t~:~m31'k'l~ - - ..... - ~ f ~1~,, tvl'~l mQf-~$flk irs iL tl~ ~t~on tot ~r.o ~ ~;t~t,t~ty i)~Y~'~nt~ ~ .~ ,, . .~:... e~n ~[ Sa~d ~a~..:~l~' shoX~ b~ ~lflt]~ 0~Jt 1)~' . [ ... f.n~ da~s mfte~ - -' . or the tees thc Lt~it oc. u~.~ ~..~ Mmll ~ot~lY If tho d~a,~ CaJJs~cJ aS .... ~ .... tmte"m~ ... .., .... ~'.~ the ~S~[[ ~iXs to cuze ac c~-~ *~ ,,~. :~0;0~,';;;;-%~. ,.-:., 0, ,. ,.. 0, .,.~-0 0..,... .. .(~C, , t or ts-lettir,g tho ,~ ~ 'zt~, ~o r~nte~t ~e veltdXty or Iff/ l~. a~ ~X~ bol~ LES~ hi.leu o~tna~. ~Lolit$~a ~ tiS~ ~ ~' ~h la~, . ..... ~r ~.:m, to tike ~u c~. - . . before' ~. ~k Sm c~ed. Alt ze~Lrs e,~e~' Iql ~or s~ ~TA ~or ~Lch L~SS~E ~1 IXebLe. ' ,~' · ..2. ~.".' 'a~d ~4~ date or . f~ - . ,~ ir~5~, ~[5~[ st:a.l ~. Y · .-- ~.=m L[S~C's ~e and ~e~y ef (~..,. ~ pze~ oz ~nm -~ ~- 'n on" ~h,l'~t m~istn~ ~;~ ~d ~ i~ ~c~a~7 ~ ~T' ~'~ -~ ~,.,-~1~ ~ LE~E ~" ..~.~t. Zf con~ud by.C[55~ ,._,. ,... ~ecocdh~, of I~l t[5~E'e [fltv~est ~n t~ ptl~illo . , ..~ ~L~l~':.,t. i ~a~ ot thL$ a~tee~nt. ~, . ....... 33~ bindL~ upon t~e pu~lep ~eto a~ ~tr te~r4ct$~ ~$r~,.,;h. ' ' ~ of tel~e ~ .~"~,~ ., t~ - ~' , ':.. :~ "~ '~', · -:~& /~ ,- ~iQ' : ....... .. ~' .. ...... ..... , ' "~. 1 t · ' s. G.T .T,O TENANT '.. ~'[i, _/,-,,') ' "'"' . LEASED PRENIISE$: ')/),'c, ~-, , ' ~DING DATE OF ~SE: ~ , '..'..'~. I~.- agme~ ~at tenan~ has ~e fi ~ to ccntigue, thia lea~ ~ ~ ~ ~.,. 1. ~ndlcrd ~ for lord In w~t!ng nc later than~ . ~ ' , · · ',,.,- · ~nd 't? · '~ to continue the lease. .. ~. Tenant a~ees tha= tenant has zhe dght to continue this [ea~ on~ if te~t .;}'t'. Ms hot violated the lease. 3. Tenant agm~ ~o ~t month ~a~ing · _ 199 · ' '.'~:'~ 4. ~ tenant continues t~s tea~, landlord a~d tenant agree ~at all of ~ ',. *~:.' · .~r.ments of ~e lo'" .e ~e same a.d w~l co~,~'n~ ex"Pt f°~ · ~ ~e ~v ending da[~ 199 . T~ n~ monthly re~al: Landlord and tenant, agree that TENANT'S RIGHT TO CO~NUE ~SE Is '~ ..~.:. · ~ ~f ~e lease ~een la~o~ ~d tenen~ '*~*'.. c . ~'~. ,:,,,~. .. ,..~" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUCE FULTON, ~fo/a KING STREET COURT, Plaintiff No. 01-2814 V. LORI A. FURRY, Defendant NOTICE TO PLEAD TO: Bruce Fulton, t/b/a King Street Court, Plaintiff YOU ARE HEREBY NOTIFIED AND REQUIRED TO FILE A WRITTEN RESPONSE TO THE WITHIN DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, BARLEY, SNYDER, SENFT & COHEN, LLC Thomas J. '~'rgo~ac, Es~lfire Court I.D. 8542'6 Attorneys for Defendant 247 Lincoln Way East Chambersburg, PA 17201 (717) 264-6494 1003834-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUCE FULTON, ~b/a KING STREET COURT, Plaintiff No. 01-2814 V. LORI A. FURRY, Defendant ORDER AND NOW, this day of ,2001, upon consideration of the Defendant's Preliminary Objections to Plaintiffs Complaint, any answer thereto, and the briefs submitted by the respective parties, if any, it is hereby ORDERED and DECREED that said Preliminary Objections are granted. BY THE COURT: ,J. 1003834-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUCE FULTON, t/b/a KING STREET COURT, Plaintiff No. 01-2814 ¥. LORI A. FURRY, Defendant PRELIMINARY OR.II~.CTIONS AND NOW, comes the Defendant, Lori A. Furry, and files the within Preliminary Objections pursuant to Pa.R.C.P. No. 1028: 1. Defendant objects to paragraph 5 of the Complaint for insufficient specificity. 2. Defendant objects to paragraph 6 oftbe Complaint for insufficient specificity. 3. Deb:ndant seeks a demurrer to Plaintiff's paragraph 7 because the Lease Agreement requires Plaintiff to provide certain notices and an opportunity to cure before proceeding with litigation to recover past due rent. Plaintiff has failed to allege that the contractual prerequisites to litigation have been fulfilled. 4. Defendants seek a demurrer to Plaintiff's paragraph g because the Lease Agreement requires Plaintiff to provide certain notices and an opportunity to cure before proceeding with litigation to recover past due rent and seeking the recovery of attorney fees. Plaintiff has failed to allege that the contxactuai prerequisites to litigation have been fulfilled. 5. Defendants seek a demurrer to Plaintiff's paragraph 9 because the Lease Agreement requires Plaintiff to provide certain notices and an opportunity to cure before 8.2.01/JN F./Prclimm~y Objections - Fulton v. Funy proceeding with litigation to recover past due rent and seeking the recovery of costs associated with litigation. Plaintiff has failed to allege that the contractual prerequisites to litigation have been fulfilled. 6. Defendant seeks a demurrer to the Plaintiffs wherefore clause because the Lease Agreement requires Plaintiff to provide certain notices and an opportunity to cure before proceeding with litigation to recover past due rent and seeking the recovery of costs and attorney fees associated with litigation. Plaintiff has failed to allege that the contractual prerequisites to litigation have been fulfilled. Furthermore, Plaimiff has failed to specify what if any efforts he made to mitigate his damages and offset lost rents with rents collected from re-letting the premises. WHEREFORE, the Defendant respectfully requests that this Honorable Court grant the Defendants' Preliminary Objections. Respectfully Submitted, BARLEY, SNYDER, SENFT & COHEN, LLC ThOmas J. Trgovac,/Esquire(J Court I.D. 85426 Attorneys for Defendant 247 Lincoln Way East Chambersburg, PA 17201 (717) 264-6494 I003834-1 2 CERTIFICATE OF SERVICE AND NOW, thisc~O~ day of August, 2001, I, Thomas J. Trgovac, Esquire, hereby certify that I have served the within Preliminary Objections by depositing the same in the United States mail. postage prepaid, at Chambersburg, Pennsylvania, addressed as follows: Robert B. Maclntyre 6000 Lingelstown Road P.O. Box 6656 Harrisburg, PA 17112 BARLEY, SNYDER, SENFT & COHEN, LLC Attorneys for Defend~t 247 Lincoln Wa>' East Chambersburg, PA ! 7201 (717) 264-6494 3 g.2.01 fl'JT/Prclim~my Objecdons - Fullon v. Furry ....... NOTICE OF APPEAL Icu~ba~: i'~- ~'' '~ ' ' ' ' ,. ~ .., JUDICIAL OlSTIICT DISTRICT JUSTICE juDGMENT ': .. . .... "' '" ' N~ICE OF APPEAL ~ is ~ ~ ~ ~ ~s fi~d in ~ ~ C~t ~ ~ ~ ~ ~ ~ ]~ ~ ~ ~ ~ ~ ~ ~ ~in~~~ fi~ng ~ ~T~E ~ ~' o ~Y ~ ~tY PE TO ENTER RULE TO FiLE C~PLAINT AND RULE TO FILE PRAECiPEI To ~Y . ~s), ~ ~ a ~i~ in ~s ~ ~M~~~M~s) ~ ~ Mw~ ~ s~ ~y of ]~ ~~ ;gr RULEs To-~;'`~ ~r~-~ Cuu~'c .,~s~ ~ ~ ~'s) (2) ff ~ ~ m~ ~ a'~ ~n ~ ~, a J~ ~ ~N P~S ~ K E~ERED ~ Y~ (3) T~ ~'~ ~ ~ ~s ~ ~ ~ ~ ~ ~ b ~ ~ of ~ ~. ~ ._~. . .: / ..... COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ( Thi& pro0! Of service MUST BE FILED WITHIN TEN (1D) DA YS AFTER filing the notice o! appeal. Check applicable boxe~) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumbet'.l. and AFFIDAVIT: I hereby swear or affirm that I served [~a copy of tr, e Notice of Appeal. Common Pleas No. 0]-28]/+ (date o! service) _ Ha~' ].6~ 2001 -- - · upon the District JtJalice designated therein On receip! altached hereto, a~)d tmon ' [] by personal service ~ by (certified) ~1~ mai(. sender's l~.a.~..y 16, 200~1 ' , ~ the appellee. ('name) Robert B. ~Ia~'Intyre~ Esq., atty. for Appell,e~h - '-- - -- [] by personal service~.~ by (certified) {~ mail, sencler's receipt attached hereto· ~ and furtheg thai I served the Rule to File a Complaint accompanyir)g the above Notice of Appeal upon the appellee(s) to whom t~e Rule was addressed on ~lV'-a¥ 16~ 2001 mail. ser~der's receipt attached herelo. ---- -- ' ~ ~ by personal Service ~ by (cemhed) ~) SWORN IAFFIRMED) AND SUI~"-qlBED BEFORE ME PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) BRUCE FULTON t/d/b/a/KING STREET COURT (Plaintiff) VS. LORI A. FURRY (Defendant) No. 01-2814 Civil Action - Law 2001 1. State matter to be argued (i.e., plaintiff's motion tbr new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Thomas J. Trgovae, Esquire Address: Walker & MacBride Office - Barley, Snyder, Senft & Cohen, LLC 247 Lincoln Way East Chambersburg, PA 17201 (b) for defendant: Robert B. Maclntyre. Esquire Address: PO Box 6656 Harrisburg, PA 17112 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 24, 2001 Dated: ~ ' ~~~~- ~, ~ ~'p'~t,,,~.~ Attorney for Defe~t~ant' t~ #21 BRUCE FULTON : IN THE COURT OF COMMON PLEAS OF T/D/B/A KING STREET : CUMBERLAND COUNTY, PENNSYLVANIA COURT : ; V. : : LORI A. FURRY : NO. 2001-2814 CIVIL TERM ; ; IN RE: DEFENDANT'S PRELIMINARY OBSECTION?, BEFORE BAYLEY, GLrIDO, JJ. ORDER OF COURT AND NOW, this _30TM day of OCTOBER, 2001, defendant's Preliminary Objections are DENIED. By the, Thomas $. Trgova¢, Esquire Edward E. Guido, J. ~ For the Plaintiff Robert B. Maclntyre, Esquire ~ For the Defendant ~ :sld IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUCE FULTON, d/b/a KING STREET COURT, Plaintiff No. 01-2814 Civil Term V. LORI A. FURRY, Defendant ANSWER, NEW MATTER AND COUNTERCLAIM 1. Admitted. 2. Admitted. 3. Denied as stated. Plalntiffand Defendant entered into a written lease agreement on or December 8, 1997, for a term of one year. ARer the expiration of the initial term, the parties orally agreed that Defendant would lease the prereises on a reonth-to-month basis. 4. Denied. On or about April 2, 1999, Defendant informed Plaintiffthat she was terminating the lease effective May 1, 2000. 5. Denied as stated. Pursuant to paragraph 14 of the lease, Defendant made alterations to the property desirable for her use. 6. Denied. It is specifically denied that Defendant damaged the premises in any respect, and it is averred to the contrary that Defendant reade certain alterations in accordance with the lease. ARer reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the ~uth of the averment that Plaintiff incurred a cost of $96.92, and strict proof thereof is hereby demanded. 7. Denied. The averments of paragraph 7 constitute conclusions of law to which no response is required. In further response, Defendant gave notice of her intention to vacate the premises. 8. Denied. The averments of paragraph 8 constitute conclusions of law to which no response is required. In further response, it is specifically denied that Defendant is in default under the lease and, further, there is no basis upon which attorneys fees can be awarded. 9. Denied. The averments of paragraph 9 constitute conclusions of law to which no response is required. In further response, it is specifically denied that Defendant is in default under the lease and. further, there is no basis upon which costs can be awarded. WHEREFORE, Defendant, Lori A. Furry, demands judgment in her favor and against Plaintiff. NEW MATTER 10. Plaintiff and Defendant entered into a written lease agreement on or about December 8, 1998, for a term ofune year. I I. In or about October 1998, Defendant began to experience water leaks in the leased premises, and she was forced to place buckets to catch the leaking water and was required to work in and around exposed electrical wires. 12. In addition, during the same period of time, the communal rest room, for which upkeep Plaintiff was responsible, was continually dirty and unkempt. 13. Defendant notified Plaintifl~ofthe conditions described in paragraphs I 1 and 12 above on numerous occasions. 14. The lease term expired on or about December 7, 1998. 15. In early December 1998, upon the expiration of the written lease, Plaintiffand Defendant agreed that Defendant would continue to occupy the leased premises at the same rental on a month-to-month basis. 16. Relying on Plaintiff's oral agreement to continue the lease on a month to month basis, Defendant executed the right to continue lease form presented to her by Plaintiff. 17. Defendant continued to experience problems with water leaks and unsatisfactory maintenance, and in early 1999 informed Plaintiffthat she was looking for another business location. At this time Plaintiff indicated that he was unable to fix the roof and that Defendant should "do what she needed to do." 18. On or about April 2, 1999, Defendant notified Plaintiff, pursuant to their oral agreement, that she was terminating the lease effective May 1, 1999. Plalntiffdid not raise any objections to Defendant terminating the lease until the Spring 2001. 19. Defendant paid all rent due under the written yearly lease and the month-to-month lease. 20. Plaintiff's Complaint fails to state a cause of action upon which relief can be granted under the facts of this case. 21. Plaintiff's claims are barred by the doch'ine of unclean hands. 22. Paragraph I 1 of the Lease required Plaintiffto provide a written notice of default and an opportunity to cure as a prerequisite to filing a lawsuit for default. Plaintiff failed to give the requisite notice to Defendant prior to filing the instant action. 23. Plaintiff's claims are barred by the doctrine of waiver and release. 24. Plaintiffhed the duty to maintain the leased premises in a safe and sanitary condition. 25. Plaintiff failed to maintain the premises in a safe and sanitary condition. 26. If Plaintiffterminated the lease prematurely, which Defendant denies, then such premature termination was the result of Plaintiff's failure to fulfill his obligations under the lease. 27. Assuming arguendo that a default occurred, Plaintiff failed to mitigate his damages as required by Paragraph 12 of the lease and/or deduct any rent recovered by a successor tenant and credit said rent payments to his claim for damages against Defendant. 28. No attorney fees may be awarded to Plaintiffunder the facts and circumstances of this case. 29. No costs may be awarded to Plaintiffunder the facts and circumstances of this case. WHEREFORE, Defendant demands judgment in her favor and against Plaintiff. COUNTERCLAIM 30. Counterclaim Plaintiffis the within Defendant, Lori A. Furry. 31. Counterclaim Defendant is the within Plaintiff, Bruce Fulton, an adult individual who does business as King Sffeet Court. 32. Defendant Furry incorporates by reference paragraphs 10 through 26 above 33. As the result of PlaintiffFulton's failure to maintain the premises in a habitable and sanitary condition, Defendant suffered losses to her business, inventory and equipment, as follows: a) T-shirts in various sizes destroyed by water leakage $ 655.00 b) Fax machine destroyed by water leakage 209.00 c) Loss of 7 members due to unsafe/unsanitary conditions 348.00 d) Loss of sales due to unsafe/unsanitary conditions _1,491.00 $2,703.00 WHEREFORE, Lori A. Furry demands judgment in her favor and against Bruce Fulton, individually and trading as King Street Court, in the sum of $2,703.00, plus interest and costs of suit. BARLEY, SNYDER, SENFT & COHEN, LLC BY:~homas J. Trg-o-vac, EsqUire Court I.D. 85426 Attorneys for Lori A. Furry 247 Lincoln Way East Chambersburg, PA 17201 (717) 264-6494 5 CERTIFICATE OF SERVICE day of Jaunary, 2002, I, Thomas .I. Trgovac, Esquire, hereby cenil~ that I have served a true and correct copy of the foregoing Answer, New Matter, and Counterclaim by depositing the same in the United States mail, postage prepaid, at Chambersburg, Pennsylvania, addressed as follows: Robert B. Maclntyre 6000 Lingelstown Road P.O. Box 6656 Harrisburg, PA 17112 BARLEY, SNYDER, SENFT& COHEN, LLC homas J.-~rgo~ac; EsqUire Court I.D. 85426 Attorneys for Defendant 247 Lincoln Way East Chambersburg, PA 17201 1029775 (717) 264-6494 VERIFICATION I, LORI A. FURRY, verify that the facts set forth in the foregoing Answer, New Matter and Counterclaim are true and correct to the best of her knowledge, information and belief. I understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Oate: Oee:=~. ' ,2oo, ~.~ ~_..~, 7