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NOTICE OF APPEAL /l1.u/q'f
C__IALl" 0' '~NNIYLYANIA
COUll O. CClMMON 'LlAI
fROM
JUDICIAL Dln.lel
DISTRICT JUSTICE JUDGMENT
9';. (,t,t)1 ~ rl.l#'-
COMMON PLlAI No.
NOTICE OF APPEAL
Notic. I. gi_ lhot the appellant he. filed in the above Court of COfnmon Plea. 00 appeal from the judgment rendered by lhe Oi.trict Ju.tice on the
clalo and "' tM co.. montionod boIoY.
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This block win be slgned ONLY when this oototion i. required under Po. RCP.JP. No.
10088.
ThI. Notice of Appeal, when received by tM Di.trict Ju.tice, will operate o. 0
SUPERSEDEAS to the Judgmenl fa< po..e.sion In this COle.
Signaluro 01 ProlhonoliJIY Of D<!p<lly
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If appel/ant was CLAIMANT (see Pa, R.CP.J.P. No.
1001 (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section 01 Ionn 10 be used ONLY when appel/ani was DEFENDANT (see Pa. HC.P.J.P. No. 1001(7) in action belore District JUSlleb.
IF NOT USED, detach from cq:>y of notleo of appeal to be sorved upon appel/co).
PRAECIPE, To Prothonotary
Enter rule upon !. 2 ("v'f I /~/v .' r l'\-\-i,l.,.-
Name 01 8j.lJC1Joo(sJ f
(Cammon Plea. No. 'lot. {. ~ () I (l h:"j 71/_) within lwenty (20) day. after service of rule or .uffer entry of judgmenl of non pro_
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, oppelleel'l, to filti 0 complainlln this appeal
RULE, To / ZLV 51/~/v I ("{-\-h7 '
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. oppellee{.).
(1) You ore 00~1ied thai 0 rule j. hereby entered upon you to file 0 complaint In this appeal within twenty (20) day. after the dote of
service of thi. rule upon you by personal .ervice or by certified or regi.tered mail
(2) ~ you do oot file 0 complaint within Ihi. time, 0 JUDGMENT Of NON PROS Will 8E ENTERED AGAINST YOU.
(3) The dote of .ervice of lhi. rule if .ervice wel by meil j. lhe dote of mailing.
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. Siglatfn 01 #41JttJonofwy Of Deputy
JCPC 311-1&4
COURT FILE TO BE FILED WITH PROTHONOTARY
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COMMON,,\':;,'\L It I Ul' I ':':: :N~IYl Vi ,,' :'/1
. COONTY OF: CUMBERLAND
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PLAINTIFF; i NAMr and AonRED:J
~EWELLEN"CATHY J.
308-A HUMMEL AVENUE
LEMOYNE, PA 17043
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CUARLES A. CLEMENT,' JR.
~,..., 1106 CARLISLE ROAD
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17011
oaFENOANT: NO'" "'. AOOru:O'
rKnouRI, PETER
4308 KOTA AVENUE
HARRISBURGr PA 17110
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PETER KHOUl\I
4308 KOTA AVENUE
HARRISBURG! PA 17110
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THIS IS TO NOTIFY YOU THAT:
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l!) Judgment was entered for: (Numo)
. [!] Judgment was enterod against: (Namo)
y,EWELLEN. CATHY J.
KHOURI, PE'r~H
(Date) 10128/94
in t1111 nmollnt of $
711.00
on:
o Damages)vlll be assessed on:
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
$711.00
$.00
$.00
$.00
: 0 This case IJIsmlssed with prejudice.
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o This cese o!smlssed without prejudice.
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o p'~sse~slo" granted,
,
O possession granted If money judgment Is not
satisfied wl\hln thirty days.
O nIIS JUDGr:HENT meLUDES I REFUND Oil'
possessloq not granted. SU'Tf:.i-111ER'S RElff ($586) + lIANDRAIL "
,. , 0 Levy Is stayed for _ days or 0 generally stayed. lIAZAlID . ($25 X 5 UlNTUS) WITH NO OBL1GA.~" ,.~'
O ,. . . 'rIOi, TO PAY OCTOBER'S RElfr DUE TO' ,
"'_ ,Oblectlo(l !plevy has ,been hied and hearing will be hold~JIRf;AillLQU!AlIITAnIl.I " . ." 'M~._
Dato: Place:
TOTAL
$711.00
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Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 D~S OF, THE DAT.E OF .JUDGMENT BY FILING A NOTICE
OF APPEAL WITll THE ?\THpNOTAR~i_CLE'K"F ~ 99~RT OF ,r.:O~~~~S' CIVIL .~,IVIStON.
lil-"f.'" . Dute~=,-.!t.':;Q,,'JlJJ.-Q L A. . Y,)~Q~ ,.. ~':':~iDIstrlctJUSt1ce
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1gertlfy tl1a.t till!. Is U tr ~an corree'bcofJY pi Iho rocor,u ~,t1ltJ proP(!\lg~tlg~~ni''l)nlng ttie.ltJ'!gment, .
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My commission oxplros first Monday of January, 19DG ...' SEAIl. "
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LAW OffiCES
YOFFE && YOFFE, p.e.
SUIT\! 203 ' 21(llENA'rO! AVENUE
CAMP HILL, PA \7011
(717) 975-1838
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CATHY J. LEWELLEN
Plaintiff
vs.
PETER KHOURI AND
SONIA KHOURI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-6601
CIVIL ACTION - LAW
COMPLAINT
NOTICE
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice are served, by entering
a written appearance personally or by attorney and filing in writing with
the court your defense 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURT ADMINISTRATOR
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240 -6200
CATHY J. LEWELLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COU~ITY, PENNSYLVANIA
vs.
NO. 94-6601
PETER KHOURI and
SONIA KHOURI
Defendants
CIVIL ACTION - LAW
COMPLAINT
1. Plaintiff, Cathy J. Lewellen, resides at 300-A Hummel Avenue,
Lemoyne, pennsylvania 17043.
2. Defendant, Peter Khouri, resides at 4308 Kota Avenue,
Harrisburg, pennsylvania 17110.
3. Defendant, Sonia Khouri, resides at 4308 Kota Avenue,
Harrisburg, pennsylvania 17110 and at all times relevant was the wife and
still is the wife of Peter Khouri.
4. On April 30, 1994, Cathy J. Lewellen entered into a written
lease agreement with Peter Khouri for the premises located at 308-A
Hummel Avenue, Lemoyne, Pennsylvania 17043, hereafter sometimes referred
to as "the premises". A copy of the lease is attached hersto as Exhibit
A.
5. At all times relevant, Peter Khouri was acting as an agent
of Sonia Khouri.
6. The owners of the premises located at 308-A Hummel Avenue,
Lemoyne. pennsylvania 17043, are Peter Khouri and his wife, Sonia Khouri.
7. On September 10, 1994, the only toilet in the premises
located at 308-A Hummel Avenlle began to overflow.
8. On September 10, 1994, Cathy J. Lewellen notified Peter
Khouri that the toilet was overflowing.
9. From September 10, 1994 until October 28, 1994, Cathy J.
Lewellen was without a functioning toilet in her apartment.
10. From September 10, 1994 through October 28, 1994, because
the toilet was not functioning, Cathy J. Lewellen was forced to remove
by hand any solid waste from the toilet and dispose of the same in trash
bags outside of the toilet.
11. Prior to the date that Cathy J. Lewellen moved into the
aforesaid premises. she had a verbal agreement with Sonia Khouri that the
ceiling in the apartment would be repaired.
12. On September 28, 1994 at 11:30 p.m. while it was raining,
the ceiling collapsed.
13. The ceiling was not repaired until either October 4, 1994
or October 5, 1994.
14. No repair work was done on the ceiling between May 1, 1994
and either October 4, 1994 or October 5, 1994.
15. In violation of local fire ordinances the aforesaid premises
did not contain smoke detectors.
16. The local fire inspector previously notified Peter Khouri
and Sonia Khouri that they needed to have smoke detectors in the
aforesaid premises in order to comply with local ordinances.
17. Cathy J. Lewellen requested that Peter ::houri or Sonia
Khouri put smoke detectors in the aforesaid premises. Neither Peter
Khouri nor Sonia Khouri ever put smoke detectors in the apartment and
therefore Cathy J. Lewellen put the smoke detectors in herself.
18. Prior to the time that Cathy J. Lewellen moved into the
premises she had a verbal agrp.ement from Sonia Khouri that she could use
the basement located on the premises for a washer and dryer hookup and
for storage.
19, Cathy J. Lewellen had a key to the basement and had complete
accBee to the basement from May 1, 1994 until October 8, 1994.
20. On October 8, 1994, Peter Khouri changed the locke on the
basement so that Cathy J. Lewellen did not have accese to the sarne or to
her laundry facilities.
21. On October 28, 1994, Cathy J. Lewellen regained accese into
the basement when Peter Khouri removed the lock from the eame.
22. Prior to the time that Cathy J. Lewellen moved into the
premieee on May 1, 1994, ehe had a verbal agreement from Sonia Khouri
that the railing along the stairs in the premieee would be repaired.
23. To date, the lack of a railing along the etaira in the
premieee is causing a dangeroue condition for Cathy J. Lewellen and for
the other adult and minor individuals reeiding in the premisee.
24. Shortly after May 1, 1994, Cathy J. Lewellen discovered that
the hot water in the shower/bath could not be controlled. More
specifically, the hot water in the same can spontaneously and rapidly
turn on caueing the occupant of the shower/bath to get burned.
25. Thie condition with the hot water ie dangerous to any adult
or minor individual occupying the shower/bath.
26. To date, neither Peter Khouri nor Sonia Khouri has made any
attempt to repair the outflow of the hot water in the shower/bath.
27. From on or around May 1, 1994, Cathy J. Lewellen rigged up
a homemade device herself which assists in controlling the outflow of hot
water from the shower/bath, however, the aforesaid device fails on
occasion to properly regulate the outflow of hot water.
28. Shortly after the toilet began overflowing on September 10,
1994, the flooring around the toilet became soft and structurally weak.
29. The etructurally weak flooring around the toilet creates a
very dangerous condition for all of the occupante of the premises in that
there is a substantial likelihood that anyone standing on the
structurally weak floor can fall through the bathroom flooring as a
result of their body weight being placed upon the same.
30. The aforesaid broken toilet, structurally weak bathroom
floor, lockout from the basement, collapsed ceiling, lack of smoke
detectors, broken railing alon~ the stairs and uncontrollable hot watsr
in the shower/bath have caused a breach of the Implied Warranty of
Habitability.
31, Cathy J. Lewellen paid her monthly rental of $575.00 for the
months of May through September, 1994.
32. Upon the advise of Counsel, Cathy J. Lewellen has not paid
her rental for October, November or December, 1994 due to the aforesaid
breaches of the Implied Warranty of Habitability.
WHEREFORE, Cathy J. Lewellen requests judgment against Peter
Khouri and Sonia Khouri for the following damages which existed as of
December 7, 1994,
A. From May 1, 1994 up to and including September 9, 1994,
the major Implied Warranty of Habitability violations in the premises
were the aforesaid d~fects with the ceiling, the railing, the
uncontrollable hot water in the shower/bath and the lack of smoke
detectors which should have been provided by Peter and Sonia Khouri. For
the time period May 1, 1994 through September 9, 1994, Cathy J. Lewellen
requests judgment against Peter and Sonia I(houri in the amount of
$1,236,25. This amount takes into consideration a monthly rental of
$575.00 and a 50% decrease in the use of the premises due to implied
warranty of habitability violations.
B. From September 10, 1994 to December 7, 1994, the Major
Implied Warranty of Habitability violations in the premises were the
broken toilet, the structurally weak floor around the broken toilet, the
lockout from the basement, the collapsed ceiling, the uncontrollable hot
water in the shower/bath, the broken railing along the stairs in the
premises and the continuing failure of Peter and Sonia Khouri to install
their own smoke detectors in the apartment. From September 10, 1994 to
December 7, 1994, Cathy J. Lewellen demands judgment against Peter and
Sonia Khouri in the amount of $1,682.34.
This amount takes into
consideration a monthly rental of $575.00 and a 100% decrease in the use
of the premises due to the Implied Warranty of Habitability violations.
C. For all of the aforesaid violations of the Implied
WarranLy of Habitability, and in addition to the judgments previoUSly
demanded, Cathy J. Lewellen demands punitive damages against Peter and
Sonia Khouri in the amount of $7,500.00.
Respectfully Submitted,
YOFFE & YOFFE, P.C.
By' .;tJ!NIj /1), j;jk
"JEFFREY' N. YOFFE, ESQUIRE
Attorney for Cathy J. Lewellen
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
.
I, Cathy J. Lewellen, verify that the statements made in this
Complaint, including all averments of fact not appearing of record, or
denials of fact, are true upon my personal knowledge or information or
belief. Thi& verification is made subject to the penalties of 18 Pa.
C.S. ~4904 relating to unsworn falsification to authorities.
&ldlLl <4-. Uu.\Q.H.o P'--
CATHY J. tr1!WELLEN
Plaintiff
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 . 6601
CATHY J. LEWELLEN
Plaintiff
PETER KHOURI AND
SONIA KHOURI
Defendants
CIVIL ACTION. LAW
NOTICE TO PLEAD
TO: Cathy J. Lewellen, Plaintiff
You are hereby notified to file a written response to the enclosed New Matter
and Counterclaim within twenty (20) days from service hereof or a judgment may be
entered against you.
BY:
-M'~
John M. Shugars, Esquire
Attomey for Defendants
Supreme Court 10 No. 44160
Law Office of John M. Shugars
264 South Progress Avenue
Suite 1 . Rear
Harrisburg, PA 17109
(717) 545-6700
'. "
CATHY J. LEWELLEN
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - 6601
vs.
PETER KHOURI AND
SONIA KHOURI
Defendants
CIVIL ACTION. LAW
ANSWER
AND NOW, this
oz. 7' rA.
day of January, 1995, comes Defendants,
Peter Khouri and Sonia Khouri, by and through their counsel, John M. Shugars,
Esquire, who answers the Complaint as follows, to wit:
1. Denied. It Is specifically denied that Plaintiff currently resides at 30B-
A Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. However, Plaintiff
did reside at said address beginning on or about May 1, 1994 through sometime In
December 1994 when she vacated the premises.
2. Admitted.
3. Admitted In part and denied In part. While it is admitted that the
parties are married, 8uch marriage Is not relevant to the Instant proceedings.
4. Admltled. However, It Is denied that a copy of exhibit "A" was
appended to the Complaint which was served on either defendant.
5. Denied. The avennent of an agency relationship stated In Paragraph
Five of the Complaint Is ambiguous and unfounded as the Complaint Itself Indicates
that the lease negotiations were conducted with Defendant Peter Khouri whose name
Is solely on the lease along with the Plaintiff. To the extent an agency relationship Is
allaged to have existed between the defendants, the same constitutes a legal
conclusion to which no responsive pleading Is required.
6. Admitted.
7. Neither admitted nor denlad. The Defendants are without sufficient
facts to fonn a belief as to when and whether the subject toilet began to overflow as
alleged In Paragraph 7 of the Complaint.
8. Denied. The averment In Paragraph 8 Is specifically denied for the
reasons set forth In the answer to Paragraph 7 above. Also, the Complaint does not
aver whether the alleged notice concemlng the toilet was written or oral. Further, the
Issue of notice Is a legal conclusion to which no responsive pleading Is required.
9. Neither admitted nor denied. The Defendants are without sufficient
facts to fonn a ballef as to tha truth of the total lack of functioning of the subject toilet.
By way of further answer, Plaintiffs own Complaint avars sha had possession of keys
to obtain access to the basement of the subject premises where a functioning toilet was
located.
10. Neither admitted nor denied. The Defendants are without sufficient
facts to form a belief as to the averments of Paragraph 10 of the Complaint.
11. Denied. It 15 specifically denied that there existed any "verbal
agreement" with Defendant Sonia Khouri concerning the avennent contained In
Paragraph 11 of the Complaint and proof thereof 15 hereby demanded at trial,
12. Neither admitted nor denied. The Defendants are without sufficient
facts to fonn a belief as to the averments In Paragraph 12 of the Complaint.
13. Admitted In part and denied In part. It 15 admitted that repairs to the
subject ceiling were made In the beginning of October, 1994 after many consecutive
days of rain In late September, eariy October, 1994, evidenced problems with the roof
which were repaired. Also, any resulting damage to the subject ceiling was repaired
aftei the rain ended and the weather pennltted necessary repairs to be completed. By
way of further answer, the Plaintiff never complained of ceiling problems until the
consecutive days of rein began and problems with the roof became evident. It Is
denied that a ceiling problem existed at the onset of the lease or that notice of same
was given by Plaintiff from the onset of the lease.
14. Admitted In part, denied in part. Defendants admit that repairs to
the ceiling were made, but for the reasons stated In the answers to Paragraphs 11
through 13 above, deny that the ceiling was damaged at the onset of the lease or that
notice of the same was given to Defendants at the onset of the lease.
15. Denied. It Is specifically denied that smoke detectors were absent
from the subject premises at the onset of the lease In violation of local fire ordinances.
16. Denied. The averments of Paragraph 16 are speclllcally denied for
the reasons set forth In the answer to Paragraph 15 above.
17. Denied. The averments of Paragraph 17 are specifically denied for
the reasons set forth In the answer to Paragraph 15 and 16 above.
18. Denied. It Is denied that Defendant Sonia Khouri verbally agreed to
allow Plaintiff to use the basement of the subject premises. In fact, by way of further
answer, Plaintiff was specifically told that her use of the basement was only pennltted
at additional expense to her.
19. Denied. The Defendants have insufficient knowledge of facts to
form a belief as to whether and In what manner the Plaintiff secured a key to the
aforesaid basement area.
20, Admitted in part and danled in part. It Is admitted that the locks
were changed by Defendant Peter Khouri. It Is denied for the reasons set forth In the
answer to Paragraph 18 above, that the basement was Plaintiffs laundry facility.
21. Admitted.
22. Denied. Defendant Sonia Khouri specifically denies ever being
given any notice by Plaintiff or receiving from her any complaint that there was a
problem with the railing In the subject premises. In fact, if there was a problem with the
railing, It Is averred that the same was caused by the action of the Plaintiff, her
occupants or guests and she Is liable to Defendant Peter Khouri for any damages
pertaining thereto,
23. Denied. The averments In Paragraph 23 are denied for the reasons
set forth In the answer to Paragraph 22 above.
24. Denied. The Defendants are without sufficient facts to form a belief
as to the averments contained In Paragraph 24 of the Complaint. To the exent that
Paragraph 24 of the Complaint Infers that Injuries occurred to persons In the
showerlbath of the subject premises due to the neglect or with the knowledge of
Defendants, the same Is specifically denied and proof thereof Is demanded Elt trial.
25. Denied. The averments of Paragraph 25 of the Complaint are
specifically denied for the raasons set forth In the answer to Paragraph 24 above.
28. Denied. The averments of Paragraph 28 of the Complaint are
specifically denied for the reasons set forth In the enswer to Paragraph 24 above.
27. Denied. The averments of Paragraph 27 of the Complaint are
specifically denied for the reasons set forth In the answer to Paragraph 24 above.
26. Denied. The Defendants are without sufficient facts to form a belief
as to whether structural damage occurred as a result of the toilet which was averred to
have overflowed as alleged by the Plaintiff. By way of further answer, to the extent
that the averments In Paragraph 26 of the Complaint Infer neglect and dlsrepalr, or that
the toilet's condition was caused by tho conduct of the Defendants, the same Is denied.
It Is believed that the action of Plaintiff herself or her children, agents or guests caused
any toilet blockages or overflows which may have existed on the subject premises and
Plaintiff Is liable to Defendant Peter Khouri for the reasonabie value of the damages to
the toilet and the affected structure of the premises.
29. pen led. The averments of Paragraph 29 of the Complaint are
hereby specifically denied for the reasons set forth In the answer to Paragraph 26
above.
30, Denied. The averments of Paragraph 30 of the Complaint constitute
a legal conclusion to which no responsive pleading Is required. By way of further
answer, to the extent that It Is averred that the cited conditions, If they existed, were
caused by the breach, action or Inaction of the Defendants, the same Is hereby denied
for the reasons more fully set forth In the answers to the Paragraphs above.
31. Admitted.
32. Denied. The Defendants are without sufficient facts to form a belief
as to the averments of Paragraph 32 of the Complaint. Whether the Defendants
breached any warranty of habitability to the Defendant Is a legal conclusion to which no
responsive pleading Is required.
WHEREFORE, for the above-stated reasons, the Defendants
respectfully request the Complaint be dismissed with prejudice and the requested relief
Including punitive damages against the Defendants be denied.
NEW MATTER
33. The averment contained In the answers of Paragraphs 1 through 32
above are hereby Incorporated by reference thereto.
34. On April 30, 1994, the Plaintiff and Defendant Peter Khouri entered
Into a written resldenllallease, wherein Plaintiff Cathy Lewellen agreed to lease from
Defendant Peter Khouri a three (3) bedroom apartment dwelling located at 308
Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania for a period of one (1)
year, commencing May 1,1994, and ending on April 30, 1995, allhe monthly rental
amount of Five Hundred Seventy Five Dollars ($575.00) to be paid In advance on the
first of each calendar month. Also, a trash disposal fee of Eleven Dollars ($11.00) per
month was added to the monthly amount due for the leased premises to be paid In
advance by the Plaintiff. Attached hereto as Exhibit "A" Is a true and correct copy of
the aforesaid residential lease.
35. Plaintiff Cathy Lewellen paid her monthly rent as required by the
subject lease from May, 1994 through and Including September, 1994.
36. Plaintiff has failed to pay her mothly rent for the months of October
1994, November 1994, December 1994 and January 1995.
37. Plaintiff vacated the subject premises during December 1994.
38. It Is anticipated that Plaintiff will not pay her monthly rental for the
remainder of the written lease, I.e., from February 1995 throllgh and Including April
1995.
39. Plaintiff owes the sum of Four Thousand One Hundred Two and
no/100 Dollars ($4,102.00) to Defendant Peter Khouri as a result of her failure to
continue to make her monthly rental payments as required under the remainder of the
subject lease from October 1994 through and Including April 1995.
40. Defendant Peter Khouri has made demand upon the Plaintiff for
payment of the monthly rental of the leased premises, but Plaintiff, without good cause,
refuses to pay said amount due.
41. During late September 1994, Plaintiff claimed that the toilet In her
leased premises was overflowing while Defendant Peter Khouri was present In the
leased premises to Inspect whether water damage from considerable rain had occurred
to the building roof and to part of the ceiling of the leased premises.
42. On the aforesaid occasion, Defendant Peter Khouri examined and
operated the toilet and he was unable to determine the reason that caused a restriction
of the drain flow of the toilet.
43. A few days later, the Defendant's maintenance man also examined
the toilet and detennlned that an object was trapped underneath the bowl of the toilet
Inside the toilet trap requiring removal of the toilet for access to the object and that
there was no blockage visible in the toilet or Inside the toilet drain pipe.
44. Plaintiff was then advised by Defendant Peter Khouri that she was
responsible under Paragraph 12 of the Lease for any necessary repairs to remove an
object from the toilet at her own expense since an object In the toilet was restricting
drain flow and was caused by Plainllff herself, her children or her guests and not by
any conduct of the Defendant or defect In the premises. See Exhibit "A" attached.
45. Plaintiff failed to make the necessary repairs as requested by the
Defendant as set forth above resulllng In considerable water damage to the floor and
surrounding structure In the vicinity of the toilet.
46. The estimated repairs mede necessary as a result of the aforesaid
structural damage to the area of the leased premises around the toilet due to Plaintiff's
sole neglect of her required repairs under the Lease Is approximately One Thousand
Two Hundred Fifty and no/100 Dollars ($1,250).
47. On October 28, 1994, Associated Products Services, Inc., at the
request of the Defendant, Inspected and serviced the toilet In the leased premises and
found a small plastic shampoo bottle In the trap under the bowl of the toilet. Plaintiff
was shown this bottle by Defendant Peter Khouri and she was told that the problems
she had experienced with the toilet, If any, were solely due to conduct em the part of the
Plaintiff, her children or her guests.
48. A copy of the repair bill paid by Defendant to Associated Products
Services, Inc. for their plumbing services In the amount of One Hundred Forty Nine and
no/100 Dollars ($149.00) Is attached hereto as Exhibit "B."
49. Plaintiff never complained or gave nollce to Defendant Peter Khouri
or Defendant Sonia Khouri regarding any defects or need to repair any railing In the
subject premises. Current damages, if any, to the railing of the leased premises were
caused by the Plaintiff, her children or her guests.
COUNTERCLAIM
50. The avennents contained in Paragraphs 1 through 49 above are
incorporated by reference hereto.
51. The Plaintiff owes to Defendant Peter Khouri the amount of Four
Thousand One Hundred Two and nol100 Dollars ($4,102.00) for her failure to conllnue
her monthly lease payment obligallons, without good cause, for the durallon of the
lease of the subject premises as set forth above.
52. The Plaintiff owes the Defendant the amount of One Hundred Forty
Nine and no/100 Dollars ($149.00) as reimbursement for plumbing repairs paid by
Defendant Peter Khouri to Associated Products Services, Inc. for the object lodged in
the toilet trap caused by the Plaintiff as set forth above as the repair was the sole
responsibility of Plalnllff under Paragraph 12 of the Lease. See exhibit "A" attached.
53. The Plaintiff owes to Defendant Peter Khouri the amount of One
Thousand Two Hundred Fifty and no/100 Dollars ($1,250.00) for necessary structural
repairs around the vicinity of the aforementioned toilet caused by the failure of Pla/ntiff
to make necessary repairs as required by Paragraph 12 of the Lease for the water
damage caused by the toilet which overflowed due to a plastic bOllle restricting drain
flow as a result of conduct of the Pla/nllff, her children or her guests as set forth above.
54. The Plaintiff owes to the Defendant the amount of any necessary
repairs to railing In the leased premises, if any, since no nollce of any railing defects
was ever given to Defendants Peter Khouri or Sonia Khouri and thus any damage is
the sole responsibility of the Plaintiff.
'.
WHEREFORE, Defendent Peter Khouri, respectfully requests judgment
against the Plaintiff In the amount of Five Thousand Five Hundred One and no/100
Dollars ($5,501.00), Including lawful Interest, costs of suit, and such other relief as this
Honorable Court deems just and proper.
~ReSpectf:;~~
John M. Shugars, Esquire
Attorney for Defendants
Supreme Court 10 No. 44180
Law Offices of John M. Shugars, Esquire
264 South Progress Avenue
Suite 1 . Rear
Hanisburg, PA 17109
(717) 545-8700
ygRIFICATIQt!
I verify that the facts in the foregoing pleading are true and correct to the
best of my knowledge, information and belief. I understand that statements
made herein, If false, are subject to the penalties of 1 B Pa, C. S. Section 4904
(Crimes Code) relating to unsworn falsification to authorities.
~ ~ -.e.'
/ /' --
, V
Peter Khouri
RESIDENTIAL LEASE
Aparlmenl . Condominium . lIoule
BY TillS AGREEMENTmad...d,nt,redlnloon't\.,t, '30 ~ f)~i'OPr/(,.( 19'1(t
bctw'Jll1 ~ K'Ho"'..., , herein rel,rrt<llo U uuor.
ad ....:o....~\.\\I l(we\\el"l .herelnrel,rrt<ltouuu",
LcuoiIWc-.IDlI,,,,,lhtprem,ic,,lillllcdll .3o)? \\.."'''''., A-Vt.,..t.
C.'^",bt..\o.",I In the Clly of [{\?lOY...... ,Counly 01
. Sill. or ~ h" 'S \1..1(\'" tc, . and mort putlcululy deKnbcd u
lullows: ~.'.~ ~tl,l>oo"'" ,q, %to
.1~JClhcf 'Nllh ilr .~~rtcnlnccl. rot lie"" orll) C) 11 e... 'Yelr.. 10
,ommcnccon ,\.In.~ \ ~ no..y 0" l"'lo..y , 19 q [,. ,and 10 'nd on "1-1" 30'1,
01< IIp>',\ ,19qS- ,II ''-'00
o',lock p. m.
I. RlnL leucI .,nello pay, without demand, 10 lellor ., renl ror the dcmhcd premlsu the
.umol t;\J~ \\",.,d.\tr.(.. 'S'l.'ve;~\Y.011~ DoItIl1(S 575.0" )
pcr month In advunce on lhe \~ day 0luc6cat,ndar monlh be,lnnln, ~;o.y , 19Q<, ,
II (!'y ~ 1"0.. 4 )O~ Ko'to. I\veh,^,{
ell)' or II O'....r;~w I Sllle or I Y1 I I Of Ilauch othu pllee u lelJor may dul,n.le.
',\ n. 7/10
2. S..t!urlly i<tpotll. On CA<<1l1!on Dr Ihla IUIC, Lenc. dcpo.II' with lellDr
.... ;~It ~\'^'KWJt. '::i<..l.ce.;'lY- F'IV-{. DoItIl1
(S 5 7S . ot. ), recelpl 01 which Is Ilknowr'dl,d hy UIIO'. u "curl.y lor the IllIhlul
pcrfonnlnce by LeIKe or lhe lerm. hereol. 10 be relurned 10 Leila, whhoullnlerell. on the full and r.hhlul
peri'ormanco by him 01 the provision. """01.
3. Quiet EaJo)'m.nL Lellor coven.nU Iha. on pI)'ln, tho renllnd per(ormlnllhe CDYenanla
herein 'on\llned, u.... 'hall_,lully and qul,oly have, hold. and ,njoy the dcmllCd preml... lor the IlrcN
lerm.
r.r. AllO
.
.c. U.. ot Pnmll"" The demised premise. .h,1I be uled and occupied by USSCO uclullvel)' II
. private Iln,le ramlly residence. and neither the prcmllel nor 1111 p&I1lhe:n:or ,h,1I be uled II an)' lime durin,
tho term of Ihl.leuc by Leuee (or lhe purpose 01 canylo. on InY bu.lnw, pro(clllon. or Indo ol.ny .100,
or (Of InY purpole other than II . priYllCl Iln,lo lamlly residence. Leucc ,h.1I comply whh alllhe ..nlury
law.. ontlnanen. rules, and orden or appropriate IOYcrnmenl,1 lulhorllle. dreC:lln. rhe clcanllne..,
occupancy. and preservation uribe dcmlaed prtmllel, and lho aldewalb connected thuelO. dwin.lhc lum of
thl. ......
e
5. Number ot Occupantl. ulSec 'Ireel lhlllhe demllCdprcmlael Ih.1I be occupied b)' n.9,
more lhan L... penonl, conslllinl ar :J, adulU and ;.. chlldRn under tho lie ar ~
)'un, willWullhe Millen cansenl ar WIOf',
d. Caadllloa or Prtmllla. UIICC stlpulales Ihll he h.. e..mlned Ihe demised premises.
Includlnlthe lrounch and all buUdlnl' and Improvcm,nll,lnd lhallhey 1lO,IIthe limo olW. I,.... In loud
order, rcpaJr. and I lire. clCll1. and IenanLlble !;Ondlllon,
7. Allllam'al aad Sub.,lUal. Whhoul Ihe prior wrlllcn conlenl or Lellor, LelSec Ihall
not uslln thlll.ue, or lublet or Irani In)' canca.lon or licence 10 use the rrcmlsel or An)' pan thereor. A
consent b)' Leslor 10 one wl,nmenl, lubleuln,. concealoR. or license IhaJ nal be deemed 10 be I consenl
10 In)' lubaequenl ..slanment. lublellln.. cancelllon. 01' IIcen". An wllnmenl, sublen.ln.. cancelllan, or
IIcen.. wllhoullhe prior wrhltn canlCnl ar Lcllor. or ar. wl,nmenl or lublettln. b)' operation or IIW, than
bo void and IhlU, II unor'. opllon, termlnlll thl. lwe.
I. Alteratlona and Impro",m,nl., tellee shill mue no .llerallonl 10 Ihe bulldlnll on lhe
demised prendsel or canstruel.n)' bulhUna or make other Improvemenl. on lhe dcmltcd premllCa wllhoulthe
prior written consenl or Lellor. Allalleratlona, chan,et. Ind Improvemcnu buill, conllNCled. or placed on
lhcI dcmiacd premlacl by I...euce, with the elCtplian or fixturel removable wllhaul dam1la 10 the premllC' .nd
movable penonal prope:nY.lhan. unle.. OIherwlae provided b)' wrinen a,Remenl between Lellor and lellcc,
be the propcn)' or lellOl' and remain on lhe demllCd prcmllCa lllhe Uplullon or looner lermlnatlon or thlt
.....
t. Dam... 10 PremlJu. I( the demlaed premlau. or an)' pari Ihereor. Ihall be plulall)'
damaaed by lire or olher cuualty nol due 10 Len"'a ne,lI,ence or wlllrul acl or Iba. orhll employee. ramlly.
lIent. or vbltor, lhe premJae. Ihall be prompll)' repaired b)' Lellor and lhere ahan be an abalemenl or renl
correspondln, whh the lime durin, which. and Ihe utenl to which. Ihe lelsed premtnl ml)' hIVe been
untenantablt: but. Ir the leued premlsea ahould be dam.,cd Olher than by lenee'a ne,lI,ence or wlllrullCt
Of lhaI or hla employee, rim II)', a,enl, or vlallar 10 the ellenl thai Lessor shall decide not 10 rebuild or rep_lr,
tho lenn or this lease thall end and lhe renlshall be prolllec.l up to Ihe lime or the dam_.e.
'/1I1tlll'~1.
t..xlI/811 ./ A II
"'''11.4 ""I
10. Oa.,lrouJ Malul.... unce ,hall nol keep or havl on .he I..ud p,..ml... any 1I11el. or
Lhln, 01. dan,erouI, Innammabl.. Dr 'Iplolivo chuac:lU thai mllhl unreuoaably incNlIH Iht dan,,, 01 n...
on OIel.ued premllC' or Ihal ml.hr be conald.rod haurdOUI or .IErI huWOUI by In)' ruponllblalnauranc:.
compln)'.
II. UIIIIU... lA.... ,hili bo re.ponslbll (or amn.ln. (or Ind p"yl.. (or III ollllly ....1m
roqolrodonlheprcml...,II"ptlhal \\eo:) ~ci't vJl\.-U "-elo.'~W>- Q.,,,::u., .hlll
be provlded by LeUOf'. I .... I ~ ~ or "",(,.
n. Malal...net .Dd R.palr. uncI will. II hi. ,ole tlptnN, keep and maintain \he Icued
prmU'CI and IppuncnanccIln ,ood and unitary condition Ind repair durin, the lem or dUllcue Ind In)'
rencwlllbercof. In panlculu, Lenco WIt keep Ole allum In the hoUII or on or wbout tho lcued prcmllCl
In.oad order Ind "F,'lr; keep 1M (umsce cl...; keep Ihe elcclric boll. In order; keep Ihe walk> (,.. Irom din
.nd debri.; and. II h 1101. uPCnJI. shall mab all required repail'l to lhe plumbln,. flnp, heatin,. app&rIlu,.
and electric and ,.. allurea whenever dam.al lherclo .hall hive fClUlted from Leuc.'. mlauH, wya., or
nc,lecl or Ihal of hla employee, f.mll)'. I,enl. nr \tllltOl'. Mljor malntenanc. and repair of Iht lca.ed
premllc,. nol duo 10 Lenu'. mllulC, IMuto, 01' nellcel or lhal of hll emplo)'ee, famll)'. 1,lnl. or \tl.hor.
Ihall be tho re.ponslbllll)' of unor or hi. ulllnl.
L...eo a.m'lhal no .I.n. .hlll be placed or palntln, dOll' on or aboullho leued premls.. b)'
UU" or al hi. direction whhoul tho Jlrlor wrinen conlCnt or UIIOf.
U. ADbaal.. LeUIG shill keep no domelllc or olher animall on or aboul lhe IcalCd prcmll.1
wlthoullht wrinc" conHnl or unOI'.
14. Rllhl or InaplctloD. Lessor and hll I.cnl. Ihan hav, the rl,hl II all reuonable Ilmel
durlne the lenn of Ihll lell. Ind any r:ncwlllMrcof 10 enter Ihe dcmlsed prrmllCl (or tho purpou of
Inspeclin. the prcmlael and all bulldln, and Improvcmenll thereon.
IS. Dllp.,)' or SI,... Durin, lhe lilt da)'1 of thlllc".. Leuor or hi, a.enl Ihlll
have Ih. privl1e,e of dlspllyln, Ihe usual .Por Salc. or .Por Renl. or "Vacancy" Ilanl on Ihc demlled
pn:mllCI Ind of lhowlna the propcny 10 prolpectlve pun:tw.en or tenanll.
16. Subordhlllloa or ....... Thll kuc and Lelsee', lellehold Inlerell hCRunder &nJ and Ihall
be subjec:I,lubordlnlle. and Inferior to an)' Ilenl or encumhrlneel now or hereafler placed on the demllCd
prcmlaes by Lenar. IU adv.RCea mldc under an)' luch Ilenl or encumbrancel, the InlUllI payable on an)' luch
Ilenl or encumbrancel, and an)' and all renewlII or Cllenllonl or luch lIens or eneumbranc...
g
17. lIo1d.... by LaN.. Should lA.... "m.ln In po.....lon o( Ihe demlwl prcml... with lhe
coniCnt or Lenor afa" lho nllura) Clplratlon or Ihil lulC. I new monlh-Io-monlh tenancy lhall be mated
belween Lellor and Lealco which shall be: lubj",t 10 aU the lennl and condlllor,1 hereof bUI lhall be:
tmnlnated on -, days' wrhten nollce KJ\led b)' clIber Lelaor or Leuec on lhe other pan)'.
II. Sun.ad.r or PnmlHa. Allhe uplrlllon or lhe lcue lerm. Leuee Ihall quit and lumndcr
the premllC' hereb)' demliCd hi U JUDd 1L.le .nd candlllon u they were .1 the commencemenl of Ihll lelan,
ruson.ble use anc.I wear Ibcrcor and dam..es by the clementi elcepted.
I'. Der.ult. If In)' def.ultls mlde In the pa)'ment of rent. or In)' part Ihereor. allhe dm..
hereinbefore .peclfied, or If .n)' defaullll made In the perfonnance o( or compliance wllh an)' olhcr lenn or
condldon hereof. the Iwe. allhe option or Lenar. ahalltermlnate and be fonehed, and Lellor m.)' fe-cnter
the prembcI and remo,". an penonllhercfrom. Lellle shan be liven wrlllen nolieo of any deflult or breach.
and \crmlnlllon and (orfello" o( the I.... .hall nol Rlolll(, wlthl. '7 dlY' o( rccelpl o( .uch notlc.,
Lellco hu corrected tho dtfaull or breach or hu tUen aclion rcuonabl)' likel)' 10 drccl.uch corrutlon within
a reuonlble lime.
.
20. Abandon",cnl. If at .n)' time durinllhe lerm of thll leue Lenee Ibandonl Ih, demlHd
premlsel or In)' part Ihereof, Lellor may. II hll option. enler Ihe dcmlacd prcmlul b)' an)' meanl wllhoul
belnlUable for an)' prosecution Ihereror. and without bec:oO"lnl nable 10 LeIHe for d.maael or for In)'
paymenl of an)' kind whale,"". and ml)', It hll dlscrellon, u aaenl for Lencc. relelthe demised premlsel. 01'
In)' panlhcrcor. ror lhe whole or an)' pan or the Ihen unexpired lerm, Ind ma)' recei...e and coll"1 all renl
plyable b)' \tlnul or luch rcletdn.. and, .1 LeIlOr'1 option. hold Lelaee IIlble for an)' dirrerence belween the
renl thai would have been p)'.blc under thl.leuc durina lhe balance of lho unelplred lenn, If Ihl.lease hid
conllnucd in (orec,and the nel rent ror luch period rcallud b)' Lclaorb)' means ofluc:h relelllna. IfLeuor'l
n,ht of re-enlry II uen:laed followln, ablndonment of tho premilCl b)' Lcllcc.lhen Lcuor ma)' conllder any
pennnal propcn)' belonalna 10 Lellee .nd len on the prcmlKI 10 ilia have been abandoned, in which e&le
Lenor may dispose or an such pellonal propc:n)' In an)' manner Lellor sh.n deem proper and is hereb)'
relieved or an Uabilily for dolnl so.
21. Blndln, Err,cl. The covenanll and condlllonl herein conl.lned Ih.1I Ippl)' 10 and bind the
helll, lelll repr~lCnl.tlvel. Ind .nllnl of the Jlar1ic::s lu:,elu, and .11 cuvcn.nts arc 10 be conmucd II
conditions or lhll teue,
n. Dlh" Term.. D is('o SM l=h. e-'r'-UAl 't'"(i'i./..2b1 Ph- fl1<I.;tI.,
51-\(\.\\ bt. (l.(:ld~d 01/ eat I. fl'lo,,-t~ Rv,'\.
IN WITNESS WIIEREOF. the pUIlel h....e ueculed this 1~1I1C.1
.~ ~::unB\lhov.wrC~hLv hwillJ---
l.enor l.cuec lr
01.1 "'111I ,...... I"m '011.....' 'am. nM It. fin" In W.....I.WIMU ........., C"'"':l:I..' N(IIU', ID ,_ ,.,iflllat t1...wU_
c..... lla_"" I' '" ."'1'" I_I 'll/IfU 1.,-"..,.,.... IINl." [.Z 1....1 Fenn. uot III"'" mah lID np'lIIl1lll_ Df "'In"',.
..".IIGfU"Plold...llllrupUIIDtNl1lIl(hllll....I..,afUUlI_lolf...lltllll,k..."cwpu'...'"
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this cft'ftl day of
j/!-AltLA,ey , 19 95 ,a true and correct copy of the foregoing
Answer, New Maller and Counterclaim of Defendants Peter Khouri and Sonia
Khouri was served by first class U.S. Mall, postage prepaid In Harrisburg,
Pennsylvania upon the following:
Jeffrey N. Yoffee
YOFFEE & YOFFEE, P.C.
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney for Plaintiff
By:
hn M. Shugars, Esquire
Attorney for Dllfendants
II">
c.n
:.::
,,~-
.,
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-."
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('...,J
:r.
-,
--')
,
".
. "
41. Denied. On September 10, 1994, plaintiff first advised the
defendants that the toilet was overflowing. On that same date, defendant
Peter Khouri came over to the plaintiff's premises and advised the
plaintiff to put liquid plumber in the toilet and buy a larger plunger.
He also advised the plaintiff to throw all toilet paper in the trash can
and not to flush it down the toilet. On september 22, 1994, while it was
raining, the ceiling in the premises began to leak and defendant Peter
Khouri came to the apartment to inspect the leakage. While at the
apartment, defendant Peter Khouri said that someone would be over the
following week to repair the ceiling and that he heard the toilet and
told the plaintiff's daughter that he knew what the problem was and that
the toilet would be repaired.
42. D~nied. Plaintiff's response to defendants' paragraph 41
is incorporated herein by reference.
43. Denied. On October 5, 1994, an individual who indicated to
plaintiff his name was David spoke with the plaintiff about the toilet.
David indicated to the plaintiff at the time that there was no blockage
in the toilet and that the problem was apparently due to a problem with
the sewer line.
44. Denied. It was on September 23, 1994 that the defendant
Peter Khouri first advised the plaintiff that it was his position that
it was plaintiff's responsibility to fix the toilet.
45. Denied. Plaintiff did take reasonable steps to fix the
toilet. Plaintiff had her brother who does plumbing work "snake" the
toilet in order to determine if there was anything blocking the line.
Plaintiff I s brother was unable to determine what the problem was or
repair the toilet. Plaintiff also went to great lengths to prevent
additional damage to the toilet and the underlying floor. More
.
specifically. she and other occupants of. apartment would remove the raw
sewage and toilet paper from the toilet by hand and place the sarne in
plastic bags for disposal outside of the apartment. Raw solid waste was
not flushed down the toilet after the problem with the toilet beqan.
46. It is denied that plaintiff had any duty to repair the
toilet. It ie the defendants' responsibility to maintain the premises
in a habitable condition, As to the cost of the repairs, after
reasonable investigation. plaintiff is without knowledge or information
sufficient to form a belief as to the cost of repairing the area around
the toilet. The same is therefore denied and proof is demanded.
47. Admitted.
48. Admitted except to the extent that after reasonable
investigation, plain~iff is without knowledge or information sufficient
to form belief as to whether the defendants paid the bill to Associated
Products services. Inc. in the amount of $149.00.
49. Denied. Prior to the time that plaintiff moved into the
premises on May 1, 1994 she had a ver.bal agreement from defendant Sonie
Khouri that the railing along the stairs in the apartment would be
repaired.
PLAI~TIFF'S RESPONSE TO DEFENDANTE' COUNTERCLAIM
50. Plaintiff's previous averments set forth in paragraphs 1
through 49 of the pleadings herein are incorporated herein by reference.
51. Denied. Due to the breaches of the implied warranty of
habitabil ity set fort.h in the Complaint f'i led by plaintiff in this
matter, plaintiff doos not owe to either defendant any amounts for
failure to continue paying monthly lease r~nt. Plaintiff's complaint is
incorporated herein by reference.
. .
52. Denied. It is the duty of the defendants to maintain the
premises in a habitable condition. The defendants breached the implied
warranty of hab1.tabi1ity. It is denied that either the plaintiff or any
of the occupants of the apartment caused any objects to become 10dqed in
the toilet trap.
53. Denied. If the defendants would have promptly repaired tho
area around the toilet, and if the defendants would have promptly
repaired the 1eakinq cei1inq, there would not be any need for structural
repairs around the vicinity of the toilet. Furthermore, plaintiff does
not have any duty to make repaire to the toilet. It is the landlord's
responsibility to maintain the premises in a habitable condition.
54. Denied. Prior to movinq into the apartment, plaintiff did
provide notice to defendant Sonia Khouri of the defective rai1inq.
WHEREFORE, plaintiff requests that the defendants Counterclaim
be dismissed and that judqment be entered in BC'ct'rdance with the
Complaint filed by plaintiff in this action.
Respectfully Submitted,
YOFFE & YOFFE, P.C.
By.NIt? #).~
~aEF~REY N. YOFFE, ESQUIRE
Attorney for Cathy J. Lewellen
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
('717) 975-1838
Attorney ID No. 52933
" . -, . -
. .
'. .
CATHY J. LEWELLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
NO. 94-6601
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
PETER KHOURI and
SONIA KHOURI
Defendants
CIVIL ACTION . LAW
CERTIFICATE OF SERVICE
The undersigned certifies that on the IUji, day of /~i{1..".v'l
/
1995, he served by first class mail, postage prepaid, a copy of
Plaintiff's Response to Defendants' New Matter and Counterclaim on the
following I
John M. Shugars, Esquire
264 South Progress Avenue, Suite 1
Harrisburg, PA 17109
YOFFE & YOFFE, P.C.
By ~~7y~,7:fo~RE
Attorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933