HomeMy WebLinkAbout06-1524
MAUREEN MUMMA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL DIVISION - LANDLORD/TENANT
YVETTE M. LEHMAN,
Defendant
: NO. Ofc,-/~J1
CIVIL TERM
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by an attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO 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
717-249-3166
MAUREEN MUMMA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL DIVISION - LANDLORD/TENANT
YVETTE M. LEHMAN,
Defendant
: NO. ~)(" - /{ .2'1'
CIVIL TERM
COMPLAINT
NOW comes the Plaintiff, by her attorney, Jane Adams, Esquire, and files this complaint,
representing as follows:
I. The Plaintiff is Maureen Mumma, (hereinafter referred to as "Landlord"), an adult
individual residing at 55 Green Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
2. The Defendant is Yvette M. Lehman, (hereinafter referred to as "Tenant"), an adult
individual who resides at 4 Kevin Road, Apartment C., Mechanicsburg, Cumberland County,
Pennsylvania, 17050.
3. Landlord is the owner ofthe premises located at 4 Kevin Road, Mechanicsburg,
Cumberland County, Pennsylvania, 17050.
4. On or about June 30, 2005, the parties entered into a rental contract entitled "Rental
Agreement" (hereinafter, the "agreement"), a copy of which is incorporated herein by reference and
attached hereto as Exhibit "A".
5. The term of the lease was for a period of one year, ending on June 30, 2006, and the
lease calls for a monthly rent of$635.00 together with a security deposit of$635.00; Landlord is in
receipt of all monies due to be paid under the agreement.
6. Section 20(b)(c)(d) of the agreement provides as follows:
"20. Default: The Tenant will have defaulted on this agreement if any of the following
apply:
(b) Tenant damages the premises.
(c) Tenant becomes a nuisance to the Owner/Agent. other tenants or
property owners.
(d) Tenantfails to comply with all the conditions of this agreement, rules, and
regulations.
RULES AND REGULATIONS: Tenant may never store any items on the front porch
and must maintain porch and doorways in clean and orderly condition. "
7. Landlord inspected the property on January 6, 2006; the inspection occurred after notice
to Tenant based on a report that the police had been to the premises in November 2005.
8. Landlord observed that Tenant had caused damage to the storm door, inside handrail,
carpet, closet doors, and basement window of the apartment; such damage is in violation of the lease.
9. Landlord has also observed cardboard and trash at the premises which were stores at the
back door and which were not removed after Landlord's numerous requests.
10. In addition to seeking possession of the property, Landlord seeks damages totaling
$]421.06, rent acceleration to cover any remaining rent due and owing under the lease, and legal fees as
provided under the lease.
WHEREFORE, Plaintiff demands judgment against the Defendant for money damages of
$1421.06 plus any other additional costs and attorney fees as of the time of final judgment which are
authorized by the lease.
Date: 3\ 6lto
Ja e Adams, Esquire
6 South Pitt Street
I arlisle, PA 17013
'- (717) 245-8508
Supreme Court 10 No. 79465
Attorney for Plaintiff
Lc;HMA-J
A G R E E MEN T. c.tJ..~7q~"''1"t)
THIS AGREEMEN~, entereg into this 3d day of J;;.lJiZ. aOf9S: , betYleen
f11IIU!€.a:N fJ fJ1u"",.., fl. (lIfH'll'i)eJ ce:("~T4>TJ;) hereinafter called 'OWNER/~T and
Y\ll:lIE fI1flRJ€. l-e1MAN . hereinafter called TENANT.
1. LOCATION: TENANT leases from OWNER/AGENT <<Ian
apartment/" No. C. Ylhich is located at
in the City of n!=ffANICS &,~r;...
State of p,4 /7()S'5,-
R EN TAL
APr
e
,
c.~
Lf K2/IIJ ,RiJ/w
County of Cl<I"d;;e01-v''t.:l
hereinafter called PREMISES.
2. LEASE TERM: The term is a ONe- i<3:~ term beginning on the J~ day
of Vl.<-L'f ' )!lj),oOS Either party may terminate this agreement at the end
of the term by giving the other party at least THIRTY (30) days Ylritten
notice delivered by certified mail. If no notice is given, this agreement
will continue without re-execution upon the same terms as in force
immediately before end of the term. This agreement will not automatically
continue at the end of term if TENANT is in default of this agreement.
<"
3 . RENT: The monthly basic rent is $ 63S- Payments are to be made
IN ADVANCE WITHOUT DEMAND prior to the first day of each month. Rent
payments are to be made by check, cash (do not mail) or money order and PAID
to: Hampden Court Apartments, c/o Mumma, 55 Green Ridge Road, Mechanicsburg,
PA 17050.
4. LATE CHARGE: If payment is not received by the 1st day of the month,
there is a late charge imposed of $5.00. LATE FEE ADDED: $ (.,tfO'?:. .
After 5th day d5f month penalty will be 10% of one month's rent. LATE FEE
\DDED: $b9l::~. After 10th day of month there will be $5.00 per day
additional charge.
5. OCCUPANTS: The said PREMISES shall be occupied by no more than 'TH(~<r
persons (adults and children). Should more persons than stated on this lease
be occupying the residence, the monthly rental payment will increase by
$.:5/)':3 per month for each person. This must be approved by owner in
writing. Guests will not be permitted to stay for more than TWO (2) Yleeks.
The OCCUPANTS authorized to reside on PREMISES are:
>/2'1/<:: /YIf\i\:IE LEHmAN
S -/~" t'l N 1- Brl. II A!Mfll..efllVl rft1I
6. KEYS, LOCKS AND SERVICE CHARGES: TENANT has received 'JUJo keys.
TENANT will be charged $35~.! for all lost keys. In the event that all
keys are not returned at the time of termination of agreement, or should
TENANT request locks to be re-keyed due to lost keys, re-keying of the locks
and the cost of labor will be~ charged to TENANT. During normal office hours,
chere will be a $J52" service charge to unlock doors or reset circulc
breakers. This service charge will increase to $~Y after office hours.
7. SECURITY DEPOSIT: TENANT has paid a security deposit in the amount or
$ ':;'35!'f' This deposit is used for reimbursement of any past due rent, late
charges, loss, damage, cleaning or any other expense as a result of TENANT'S
default. TENANT shall reimburse OWNER/AGENT the costs that exceed the amount
of security deposit held. TENANT Ylill receive security deposit due him/her
,long with an itemized list of charges 'within THIRTY (30) days after keys
nave been returned to OWNER/AGENT. TENANT will never consider this security
Page 1 of 7
E Xli n:; IC A
J
I' deposit as Qayment of last month's rent.
termination of lease or move without giving
forfeits the security deposit.
~8. UTILITIES AND SERVICES: TENANT shall be responsible for the payment,
costs, and care of the following checked utilities and services:
Should TENANT move prior to
THIRTY (30) days notice, he/she
SERVICES:
Electric /'; Gas,/" ; Heat v' ; Water & Sewer ~v~
Trash & Disposalll>w~. f-r-e-...,uwr,>
/I R~A:<NS(B~Joi'<:_
Lawn Care O.JIo/)<,e.; Snow Removal <3>WAf"~,..~eki^,c;. Lo+ AFT~ If WA/ks..<<IITtfttJ
/ :l.'f Iff.'"e.~
Sidewalks / ; Hallways ; Stairways ( ; Landings ...........
UTILITIES:
CLEANING OF:
..Snow and/or ice removal from walks is responsibility of TENANT and must be
removed within twenty-four (24) hours.**
OWNER/~~ reserves the right to temporarily suspend to PREMISES; utilities
or other services for maintenance and repair purposes or to protect property
from risk or harm. OWNER/AGENT shall not be liable for damage or injury to
TENANT, their family, and guests as a result of suspension of a utility or
other service. TENANT shall not use any utilities furnished by OWNER/AGENT
in a wasteful manner. If OWNER/AGENT supplies electricity to PREMISES, use
of heavy duty appliances and equipment requires the written consent of
OWNER/AGENT before installation. APPLIANCE AGREEMENT required.
9. PETS: No pets shall be brought on the PREMISES for any reason including
visitation.
~ 10. USE OF PREMISES: PREMISES will be used as a private residence only and
will not be used for any chari table or income producing purpose. TENANT
shall comply with all Federal, State, and Local laws, regulations and
ordinances currently in force or enacted after the commencement of this
agreement.
11. TRASH: OWNER/AGENT will supply (t~O) covered trash cans. TENANT is
responsible for the replacement of the trash cans should they be lost, stolen
or damaged beyond use. Trash must be in SEALED PLASTIC TRASH BAGS and placed
in COVERED containers at designated trash area. Trash cans are to be placed
curbside the evening prior (AFTER 5 P.M.) to trash pick-up. TENANT is
responsible for the cost of removing any bulky items. TENANT is responsible
for keeping recyclable items separate from other trash. TENANT is
responsible for removing trash cans from curb by 5 p.m. on pick-up day.
12 . RETURNED CHECKS: TENANT will pay OWNER/AGENT a $ 3.5'.!... fee for any
check returned by any bank for any reason.
13. ASSIGNMENT AND SUBLETTING:
sublet the PREMISES to anyone.
agreement or sublet the PREMISES
in default of this agreement.
TENANT will not assign this agreement or
Any attempt by TENANT to assign this
shall be null and void and TENANT shall be
14. REPAIRS AND ALTERATIONS: TENANT shall be responsible for damages caused
by his/her negligence and that of his/her family or guests. TENANT is
~ responsible for all glass, screen, and storm door repairs. TENANT shall not
change paint color, or otherwise redecorate or make alterations to the
Page 2 of 7
'I;,!"
without.the prior written consent of OWNER/AGENT. All alterations,
,n additions, or improvements made to the PREMISES shall' remain upon and be
n surrendered with the PREMISES. Should TENANT move prior to termination of
')"leaSe, he/she will be charged for the re-painting of unit (should re-painting
,. be required) . .
15. CARE AND MAINTENANCE: TENANT shall pay for any fire, plumbing,
. appliance, or any other damages to PREMISES caused due to negligence of
TENANT, their family, and guests. TENANT will surrender possession of
PREMISES to OWNER/AGENT at end of term in as good order, cleanliness, and
repair as at the start of this agreement, except for reasonable wear and
tear. TENANT shall notify OWNER/AGENT of the need for any repair required.
TENANT shall comply with all rules and regulations. TENANT has signed a
PROPERTY INSPECTION SHEET immediately prior to signing of rental agreement as
to the conditions of the unit.
16. INSURANCE: OWNER/AGENT'S insurance policy does not cover TENANT'S
property. If TENANT does anything to cause OWNER/AGENT'S insurance policy to
increase, TENANT will pay all increased insurance costs.
17. RELIEF FROM DAMAGES: OWNER/AGENT is not liable for loss, injury, or
damage to any person or property unless the loss, injury or damage is caused
by the OWNER/AGENT'S intentional act or neglect. OWNER/AGENT will not be
liable whatsoever for any injury or damage caused by water that may leak into
the PREMISES.
18. RIGHT OF ENTRY: OWNER/AGENT and other authorized agents will have the
right to enter PREMISES at reasonable times for inspection, maintenance and
showing reasons or in case of an EMERGENCY. OWNER/AGENT will do one of the
_Jfollowing before entering PREMISES.
a. Give oral notice to TENANT a day in advance;
b. Post written notice on the entrance door a day in advance;
c. No notice required in an EMERGENCY.
19. EMERGENCIES AND REPAIRS: All repairs should be reported between the
normal office hours of 8ITM -5f"" EMERGENCIES should be
reported immediately. The phone number for reporting any problems and
emergencies is: '70&rtS7.;) - C~:J!; 57f".J.SS3
20. DEFAULT: The TENANT will have defaulted on this agreement if any of the
following apply:
a. TENANT fails to pay rent or other charges to the
OWNER/AGENT.
b. TENANT damages the PREMISES.
c. TENANT becomes a nuisance to OWNER/AGENT, other tenants
or other property owners.
d. TENANT fails to comply with all conditions of this
agreement, rules & regulations.
e. TENANT fails to move themselves and their belongings from
the PREMISES at the end of the term.
f. TENANT gives false information on the rental application.
g. TENANT abandons the PREMISES.
21. OWNER/AGENT REMEDIES: If TENANT default, OWNER/AGENT may do any or all
~f the following without giving any NOTICE OF TERMINATION or NOTICE TO QUIT
to TENANT before taking action.
Page 3 of 7
a. T~rmiqate this agreement without prior notic~.
b. Sue TENANT in court to recover the entire balance of the
rent and charges owed for the remaining lease term.
c. Sue to recover possession of PREMISES without prior
notices.
d. Sue to recover unpaid rent, late charges, and damages
without prior notice. .
e. Sue to recover all consequential expenses, damages,
losses and reasonable attorney fees resulting from
TENANT'S violation of any terms.
22. ATTORNEY'S FEES: If OWNER/AGENT shall enforce the provisions of this
rental agreement in any court against the TENANT, OWNER/AGENT shall be
entitled as part of any court judgment to be reimbursed for all costs and
expenses of enforcement inCluding reasonable attorney's fees.
23. DESTRUCTION OF PREMISES: TENANT will give OWNER/AGENT oral notice of
any accident, fire or other major damage that happens at the PREMISES within
24 HOURS of the occurrence. TENANT shall also report any condition that
may cause an accident, fire or major damage immediately. If PREMISES is
partially destroyed by fire or other casualty, TENANT shall have the right
and option of the following:
(1) To continue to occupy the habitable portion of the
premises while repairs are being made.
(2) To terminate the Lease absolutely and receive a refund of
rent paid through the date of transfer of possession to
OWNER/AGENT.
24. DELIVERY OF POSSESSION: If OWNER/AGENT cannot deliver possession of
~PREMISES to TENANT at the beginning of the term, then the lease term will
commence but the requirement to pay rent will cease until the PREMISES is
ready for occupancy. OWNER/AGENT shall not be liable to TENANT for damages
due to inability to give possession to TENANT.
25. ILLEGAL/UNENFORCEABLE LEASE CONDITIONS: Should any court determine any
condition within this agreement to be illegal or unenforceable, only those
conditions deemed illegal or unenforceable shall become null and void. All
other conditions within this agreement shall remain in force and TENANT
agrees to comply with them.
26. ADDITIONAL TERMS. CONDITIONS, RIDERS, AMENDMENTS: The terms and
conditions in the riders and amendments indicated below are part of this
rental agreement: YES / NO -- Check-in & Che~~ut Procedures
~/ NO - - Appliance Agreement YES.. KJ'!9/- - Pet Agreement
YE' / NO -- Rules & Regulations ) ~/ NO -- Emergency Information
ES / NO -- /+Tll1cJ1.WII?>JTSlker(fla*.dd]7 YES / NO --
YES / NO -- YES / NO --
27. ENTIRE AGREEMENT: This is the total agreement between OWNER/AGENT and
TENANT. No other agreements are valid unless in writing and approved by all
parties. This agreement takes precedent over all other agreements previously
executed.
28.
~
PROCEDURES FOR VACATING:
(1) TENANT must provide thirty (30) days written notice beginning on
the 1st day of the month.
Page 4 of 7
7'
/
(2) TENANT agrees to provide unlimited access .at tjle OWNER/AGENT'S
request for prospective Tenants.
(3) All Tenants belongings must be removed from the PREMISES.
(4)
(5)
The PREMISES must be thoroughly cleaned including having the
carpets professionally cleaned. Ry Ct>'N"AN,/ A./Wi!.41YlifP l3y '-f+ND/..o;en
Upon vacating, the TENANT 'must meet with the OWNER/AGENT to inspect
the PREMISES and return the keys.
All rights and liabilities herein given to or imposed upon either parties
hereto, shall extend to the heirs, executors, administrators, successors, and
assigns of such party. Upon signing this agreement I/We the TENANT (S I do
hereby understand and accept all rules stated herein.
TQis agreement is approved and entered into this ~ day of :::rc.J../J<=~ ,
~ ~j; The undersigned TENANT(S) jointly and severally liable understands,
agrees to and accepts all conditions imposed.
::~~!A. ~~M~.
TE ~
(!j,1~~ tl kfkM-/~
OWNER/AGENT
DATE
~('3t1lcr
( I
DATE
{phD!O~
1 (
DATE
THIRD PARTY GUARANTEE
The undersigned individual(s) join in the execution of this lease agreement
and are jointly and severally liable for the performance of all terms and
conditions of this lease agreement. This guarantee shall not grant the
undersigned any rights to occupy the PREMISES without written consent of
OWNER/AGENT.
INDIVIDUAL
DATE
ADDRESS
INDIVIDUAL
DATE
ADDRESS
I
Page 5 of 7
IMP 0 R TAN T
NOT ICE
THIS PAGE EXPLAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND DUTIES AS A
(. TENANT. DO NOT SIGN THIS RESIDENTIAL LEASE UNLESS YOU HAVE READ AND CLEARLY
UNDERSTAND THE INFORMATION ON THIS PAGE.
As TENANT, you violate the terms and .conditions of this Residential Lease if
you:
(1) Fail to make timely payment of rent or other charges to
OWNER/AGENT; or
(2) Vacate the leased PREMISES without the OWNER/AGENT'S consent prior
to the end of the lease term; or
(3) Fail to vacate the leased PREMISES at the end of the lease term; or
(4) Fail to perform any of the obligations included in the lease, rules
and regulations, the riders or amendments; or
(5) Violate any rules or regulations which are made a part of the
residential lease.
PARAGRAPH 21 - includes a waiver of "NOTICE TO QUIT". When "NOTICE TO QUIT"
is waived, if you violate the residential lease, the LANDLORD has the
immediate right to file a complaint in court seeking an order evicting you
from the leased PREMISES. The LANDLORD DOES NOT have the right to bring an
action in court seeking your eviction unless you have violated your
obligation as a TENANT. Even though you are waiving "NOTICE TO QUIT", you
will still have an opportunity in court to contest the validity of the
LANDLORD'S claim for eviction.
If you violate the terms and conditions of the residential lease, the
c: LANDLORD has the right to seek the following remedies against you in court:
(1) A Judgment for overdue rent, late charges, repairs and
monetary damages caused by your violation of the lease
and conditions.
(2) An order for Recovery of Possession through an eviction
action.
(3) A Judgment for unpaid rent for the balance of the lease
term or until another person takes possession of the
leased PREMISES as a new Tenant.
IF THERE IS MORE THAN ONE TENANT SIGNING THIS RESIDENTIAL LEASE, THE TENANTS
ARE JOINTLY AND SEVERALLY LIABLE FOR THE PERFORMANCE OF ALL TENANT
OBLIGATIONS THIS MEANS THAT THE LANDLORD HAS THE RIGHT TO SUE ANY ONE TENANT
OR ALL OF THE TENANTS FOR VIOLATIONS OF THE LEASE INCLUDING SUING ANY ONE
TENANT FOR THE FULL AMOUNT OF THE RENT.
ACKNOWLEDGMENT: I, THE UNDERSIGNED TENANT(S) HAVE READ AND UNDERSTAND THE
ABOVE DISCLOSU7.f' a
T~~-\tt~\ ~~.l~
~/3(j/(j~
f I' DATE
TENANT
DATE
(
Page 6 of 7
ATTACHMENT SHEET #1
APPLIANCE AGREEMENT: OWNER/AGENT agrees that TEN~T may install one washer
) and one dryer in basement of apartment C-- using hook ups provided. Any
other appliances must be approved by OWNER/AGENT in writing.
RULES AND REGULATIONS: TENANT may'never store any items on the front porch
and must maintain porch and doorways in clean and orderly condition.
NO PETS ALLOWED on premises at any time.
TENANT agrees not to damage any wood surface, i.e. doors, trim, etc. Should
TENANT damage any woodwork, TENANT agrees to pay for total restoration or
replacement as deemed necessary by OWNER/AGENT. This includes nail holes as
damage. TENANT may not use stick on type hanging attachments on any drywall
surface.
CARPETS: Carpets must be cleaned professionally every two (2) years, and,
also upon termination of lease.
PARKING: Apartment c... has parking facilities for TvJO (;l..) car (s) .
Spaces are directly in front of leased apartment. All other spaces are
reserved for tenants.
RENT PAYMENT: Rent is due in advance of the first day of month and should be
delivered to OWNER/AGENT on the last day of preceding month. If rent is
mailed, postmark on envelope will be accepted as date of payment. If
OWNER/AGENT does not receive rent prior to first day of month, late charges
1l will be as follows:
~There will be a $5.00 late charge on 1st through 4th of month.
On the 5th, the late charge will be 10% of one month's rent.
On the 10th, the late charge will be an additional $5.00 per day.
TENANT agrees if apartment is left dirty or in need of repairs due to
TENANT'S negligence, TENANT will pay OWNER/AGENT for any loss of rental due
to repairs or cleaning rendering apartment unavailable for rental.
,,;.1
"r~;MM' MW1h~
TEn . '-
J/aJefuJ a Itf&<-kLitUV
OWNER/AGENT
DATE
DATE
)
Page 7 of 7
VERlFICA nON
I verifY that facts contained in the foregoing complaint are true and correct to the best of my knowledge,
information and belief. To the extent that the content ofthe complaint is that of counsel, I have relied upon
counsel in making this verification. I understand that false statements made herein are subject to the
penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities.
Date: 3/-; /06
1
C tt!~tdc,J tZ )tlkl?~ ~
Maureen Mumma, Plaintiff
^il ~
U(
0(
-- ~ V{
-.:t ~ C>
CfI ~ -u
---0
f' P---
&
~
o
,;
""tll.'
r,',
~>
(~
'J
"-'
C-~
~=-..::>
c.....
9,
~ X::!J
: ;i~ft).~:.
...,., ....c." 6
:Ji 'I,
-'f\
(..) >~-;
,;.:...
::0
-<
'"
(.".:'
MAUREEN Mu'MMA,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUJ'vIBERLAND COG'NTY, PENNSYLVAKIA
Vs.
:CIVIL DIVISION - LANDLORD/TENANT
YVETTE M. LEHMAN, :NO. 06-1524
Defendant
CIVIL TERM
ANSWER. NEW MATTER and COUNTERCLAIMS
ANSWER
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted in part.
Admitted that the property was inspeeted on January 6, 2006
and that the police were at the premises in November, 2000, but denied that the
inspection occurred based on a report that the police had been there, as Defendant is
without information sufficient to form a belief as to the truth of the averment, and
demands proof thereof at trial.
8. Denied. Defendant did no damage to the leased premises. Further denied as to
what landlord observed, as the avemlent is solely within the purview of the landlord and
Defendant is without information sufficient to form a belief as to the truth of the
averment, and demands proof thereof at trial.
'.
9. Denied. The listed items were not stored at the backdoor, but were set there
next to the trash to be taken away. They were then removed by the Defendant in a timely
mamler.
10. Denied. Defendant is without information sufficient to form a belief as to the
truth of the averment, and demands proof thereof at trial.
WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed and
judgment entered for Defendant
NEW MATTER
1 L Paragraphs 1-10 are incorporated herein by reference hereto.
12. On June 30, 2005, the day before she moved in, Defendant pointed out the
damaged front screen/storm door to the Plaintiff during their walk-through of the
premIses.
13. Several weeks later, the damaged door stuck, when opening was attempted by
the Defendant, and the glass shattered, causing minor damage to her knuckles.
14. When Defendant notified Plaintiff of the need for repair after this incident,
Plaintiff told Defendant to fix it, which she did, at a cost of Sixty Dollars ($60) to her,
despite the existence of the defective door prior to Defendant's move-in.
15. Several weeks later, the door glass shattered again, with nom1a1 use, causing
minor cuts to Defendant's children.
16. Defendant again called Plaintiff about the need to repair the door, but
Plaintiff again denied responsibility.
,
1-
17. Defendant put new glass in the door for the third time, and on November 6,
2005. the glass again broke, cutting both arms severely on the broken glass, and causing
severe nerve, tendon, and vein damage to her right forearm.
18. Said damage required surgery, stitching, and rehabilitation, and caused
Defendant severe pain and suffering.
19. Due to the damage to her forearm, and her resulting inability to remain
attached to the workforce, Defendant lost her Unemployment Compensation for five
months in the total amount of$9,560.
20. Said damage and pain and suffering could have been alleviated if Plaintiff had
repaired the door when Defendant moved in to the lease premises.
21. Plaintiff knew or should have known that the faulty front door with glass
could have caused injury to the Defendant and/or her family.
22. These claims for injuries will be referred a to a personal injury lawyer and are
specifically excluded from these Counterclaims as MidPenn Legal Services may not
pursue a fee-producing case that has the potential for damages such as these claims
described herein.
23. In addition to the defective front door, Defendant advised Plaintiff upon
move-in of a drafty kitchen window and, sometime later, of broken closet doors from
normal wear and tear. (Defendant repaired and replaced the door hardware herself).
24. These three defects (front door, closet doors, and drafty kitchen window)
lowered the value of the leased premises to Defendant from contract rent of$635 per
month, to the actual value of $500 per month.
<
COUNTERCLAIMS
I. Implied Warranty of Habitability
25. Paragraphs 1-24 are incorporated herein by reference hereto.
26. By leasing premises to the Defendant with known defects including, but not
limited to a broken front door, drafty kitchen window, and broken closet doors, and
failing to repair them after repeated notices by the Defendant, Plaintiff breached the
implied warranty of habitability as to the Defendant.
27. As a result of said breaches, the premises were worth no more than $500 at
any time during the course of the lease.
28. Defendant, therefore, is entitled to a credit of $135 per month for each month
in which rent was paid, and an offset of$135 per month for any month in which rent was
not paid, but due.
29. As a result of said breaches, Defendant was severely injured by a defective
front door, and lost Unemployment Compensation benefits she would have been
otherwise entitled to in the amount of59,560.
WHEREFORE, Defendant respectfully requests ajudgment against the Plaintiff
ion the amount of $1 0,91 0 in overpaid rent and offsets against rent found to be due, and
in lost Unemployment Compensation benefits, said amount being within the amount
requiring compulsory arbitration.
II. Unfair Trade Practices and Consumer Protection Law
30. Paragraphs 1-29 are incorporated herein by reference hereto.
,
31. In leasing the premises to Defendant in a defective condition as above-stated,
Plaintiff violated the UTP&CPL in the following respects:
a. caused Defendant to believe that the leased housing was "standard," and
not defective in any important way. 73 P.S.S201-2(ii),(iii).
b. claimed that the front door was Defendant's responsibility to repair,
when Plaintiff knew that the door was broken before Defendant moved in. 73 P.S.S201-
2(xxi).
WHEREFORE, Defendant respectfully requests that judgment be entered in her
favor and against the Plaintiff in the amount of$1,350, said amount being within the
amount subject to compulsory arbitration.
Respectfully submitted,
By:
MIDPENN LEGAL SERVICES
'/~Al'~~
~~';;[frey . Bi inger (f
401 E. Louther Street
Carlisle, P A 17013
(717)243-9400
Sup. Court ID#18040
<
VERIFICA nON
The Defendant, Yvette M. Lehman, verifies that the statements made in the above
Answer, with New Matter and Counterclaims arc true and correct. The Defendant
understands that false statements herein are made subject to the penalties of 18 PA c.s.
94904, relating to unsworn falsification to authorities.
Date Lf/; i i n(?)
L.~u.f.* iLL i:.. i [lIVI;:I.. '.
YVette M. Lehman ~
CERTIFICATE OF SERVICE
I, Geoffrey M. Biringer, being a Member in good standing of the Bar, hereby state
that I served a copy oft\ofDefenant's Answer, New Matter and Counterclaims on the
Plaintiff same in the United States Mail, postage prepaid to the following person and at
the following address:
Jane Adams, Esquire
64 South Pitt Street
Carlisle, PA 17013
Date: '1-/2-- Db
C. 'l '7 .
~~--r1./~pA'
. Geoffrey M. Blringer f
401 E. Louther Street
Carlisle, P A 17013
(717)243-9400
Sup.Ct.ID# 18040
,
:~"
r--'">
)
-n
_,_I
-~
'.T';
::_J
r'.'-
-."<.
,
, ..
STEPHEN L. BANKO, JR., ESQUIRE
Pa. Supreme Court I. D. No. 41727
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, PA 17011
Telephone:
FAX:
E-mail:
(717) 760-7501
(717) 975-8124
sbankolWmarqolisedelstein.com
Attorney for Plaintiff
as Counterclaim
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MAUREEN MUMMA,
Plaintiff
CIVIL DIVISION - LANDLORDf
TENANT
v.
NO. 06-1524
YVETTE M. LEHMAN,
Defendant
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Maureen Mumma, Plaintiff, as
Counterclaim Defendant, only.
MARGOLIS EDELSTEIN
Date: APril}."'!' 2006
By'
Ste L. Banko, Jr., Esquire
Alto ey No. 41727
Counsel for Plaintiff as
Counterclaim Defendant
J .
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing on all
counsel of record by placing the same in the United States mail at Camp Hill,
Pennsylvania, first-class postage prepaid, on the .,-' J day of ~.
2006, and addressed as follows:
Andrew Sheely, Esquire
127 South Market Street
Mechanicsburg, PA 17055
(Counsel for Plaintiff)
Geoffrey M. Biringer, Esquire
MidPenn Legal Services
401 East Luther Street
Carlisle, PA 17013
(Counsel for Defendant)
.11~;~ ~
Barbara J. Smith, Secretary
fJ1~vr-e f/l MvlVl/l'l?\
In Ihe Courl of Common Pleas of
Cumberland Counly, Pennsylvania
vs.
Vve tt<- [.e 1-tM. &>--1
OCi>- l5"'2ll
No. _
C~'il.lP
/{,.;d{<r (~~~)I t:lf?(l('CYM"-<.. C<-1... ~<'/'t::ll;t
e>/.- -/k- /1/tfl'l hi'! 'v? ;;1JU a6v<- - c"Y?.fro-?eo{
Me>-tRr-,
To
Prothonotary
19
ffiaV -9,,~
Tenn. 19 -
No.
,
pRAl CIPE
Filed
19_
A~.
(") ....,
= 0
c =
< "'" -n
""'(Jf'1 U> -I
~E\.'.;. "1 ::t:."
-0 ,l'F
7\: I -oi'"l""'
(j'J ~D8
~:i' U1 () (L)
-0 :~j ~"f.
;?:(, - t;~7~
.....
pC orn
c .c-
;-~. ~
=2
w -<
Andrew C. Sheely, Esquire
127 S. Market street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
MAUREEN MUMMA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 06-1524
v.
YVETTE LEHMAN,
Defendant
CIVIL ACTION - LAW
To: Curtis Long, prothonotary
Cumberland County Courthouse
Carlisle, PA 17013
JOINT PRAECIPE TO SETTLE AND DISCONTINUE
Kindly mark the above-captioned case settled and discontinued, with
prejudice, as to all claims filed by both parties.
Respectfully submitted,
Geoffrey
Attorney for Defendant
Yvette Lehman
MidPenn Legal Services
401 E. Louther Street
Suite 103
carlisle, PA 17013
7171-243-9400
Respectfully submitted,
t1:~~
Attorney for plaintiff,
Maureen Mumma
127 S. Market Street, P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050
~{
i\j'j;'t
.f.';'",
~
.,"
(')
C
~
-;:3t.
In,;
-7 ,-~
";'7-
~ {i:; .
-':...-
~~b
'pC'
.~
~
'i;?
%
-0
\
if<
q,
~:!l
~~
u ,
(?\C)
1'~ :()~
<~()
.I._en
o
.-\
~
:z
--Q
::>
::.
.-
c..:>