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Home My WebLink About95-06650 C_IAUHOf P1NHIYLVANIA coun O' C_N PlIAI NOTICE OF APPEAL FROM IUOlCUU DlIl"C' DISTRICT JUSTICE JUDGMENT COMMON PlIAI N. q 5" - "to 50 C4,...:1.. T.vv..- NOTICE OF APPEAL Notice ,. gIwn that !he appellant he" filed in the aboYe C""" al Cammon Plea. an appeallrom the judgmenl rendeIod by the Di.lrict Ju.'ic. on lhe date and In !he c.... mentioned beIcM Cheri Robinson and Joe Fisher Paulo P. Correal . 222 E. Mulberry Avenue Carlisle PA 17013 , I 10/26/95 Gil Clouser ~Cheri Robinson and Joe Fisher Legal Services, Inc., 8 Irvine Row, CV 19. Carlisle, PA 17013 /,"L. /' LT 19 95 LT-519-95 Phili C. Sri anti /t/lz. {. TNs bIodc wil be o91ed ONLY when thi. natallon i. required undeI Pa. R.cPJP, No. If appellanl was CLAI NT (see , RC,P.J.P, No. 10088. Thl. Notice al Appeal. when receiYed by the Di.tricl Ju.tic., will operat. a. a 1001 (6) in action before District Justice. he MUST SUPERSEDEAS taZr;; to. pas...1ian In lhis co... FILE A COMPLAINT within twenty (20) days alter _ ~ A 4 J.J. . /). YV~ 10..7: filing his NOnCE of APPEAL. ~_y 01 Depu'y r OJ4=t PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of Iotm /0 be used ONLY when oppel/ant was DEFENDANT I soo Po, R.C.P.J.P. No. 100 1( 7) in action before District Juslice, IF NOT USED, detach from cqJY of no/ico of oppeal 10 be served upon appellee). PRAECIPE, Ta Prolhonotary Enter rule upon GU Clouser . appeIIee{.),la fiI. a complaint in thi. appeal Name 01_./ (Convnan Pleas No. qJ"ro~So Cw.J.. T~ ) within lwenly (20) days aller ,",~al rule or suIte. enl. judgment al non pro~ / r: SgI/IOI GU Clouser Name 01_" RULE, To , appellee(s), (I) You are natified that a rule i. hereby entered upon you 10 file a complaint in lhi. appeal wilhin twenly (20) day. alter lhe dole al ,",vic. 01 !hi. rule upon you by penanal servic. or by certified or registered mall (2) " you do natllle a complainl wilhin Ihls time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU, (3) The dot. 01 servic. 01 this rule if ...vic. we. by """, i. the dole of "",,1ing. )UlJ. U .19~ ~11t-tL'l. )~jJ~~ So\1IIfln 01 01 tv Date: AOPC 3'2-84 COURT FILE TO BE FILED WITH PROTHONOT ARV \ ...... sn~ ~ ~ , .-~ 0.,1;;". ..c..._ , ".::,';':: c..~ ... ,_ I~>{,~'::i ....~. -':l> o~:-."'::;! ~~;- ~~(/' U'':'..-::~ ~'Li,tUJ!. .... - '.;)....... . xc>. '"" ~<.." '/,','i'., :lC "- D .. I ~ ~ H ,,' . .~ . ;'...,J "" <::> =- '-81' UO 18JldX8 UOllllwwo:J A.... ""//lOJO '/IIJ. fJP'W ,It"" "A'p",. WOII'" fJlo/eq '''''/1010 fJJn,.uO,S JUflWfI/O 8J"I'uIS,S -61 ' ~O ^VO SIH.L 3l'j 3l:tO~3B 03BIl:t:JSBnS ONV (03l'jl:t'~~V) Nl:tOMS '010J04 p040SIIs IdloOoJ s,JOpUSs 'IISW (poJoISIBoJ) (poIIIlJoO) Aq 0 oO!AJoSlsuosJOd Aq 0 -6t ' UO pOSSoJppS SSM Olnl:t 041 W04M 01 (s)OOllodds 041 uodn IsoddV '0 oOIlON o.oqs 041 BUI~usdwooos IU!Oldwo:J 0 ol!~ 01 olnl:t 041 pO'JOs 11041 J041ml pu~ 0 '010J04 p040SII0 IdloOOJ S,Jopuos 'I!SW (PoJoIS,BOJ) (pOllllJoo) ~q 0 oOI.JOSIOUOSJod Aq U 61 ' Uo' (oweu) 'oOlloddo 041 uodn pus '010J04 p04001l0 IdlOOoJ S,JopUOS 'I!ow (POJOIS,BoJ) (PoIl!lJoo) Aq 0 oOl"oS,SUOSJod Aq 0 '-6t' (oo/Moe 10 olep) uo U!OJ041 PolSuB!sop oOllsnr IOIJISIO 041 uodn ' 'ON ssold uowwo:J 'lsoddV jO oO!lON 04110 ~doo 0 0 pO'JOS 11941 WJII'O JO JOOMS AqoJ04 I :.1IA VOI:f:fV II : ~o A.1NnO::l YINI,^'ASNN3d ~O HJ.1Y3MNOWWOO (ooroo %aol/dde yooq:J '/aadde)o oOl/ou Oqj fJU!/IJ IJ3.J.,JV SA va (011 N3.J. NIH.J.IM 0371338 .J.smv oOWoO)O )OOJd sJq.J.) .1NIVldWO:l 311:f 0.1 31ny aNY lV3ddV :f0 3:l1.10N :f0 3:lIAY3S :f0 :fOOYd aIL CLOUSER, . IN THE COURT OF COMMON PLEAS OF . plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . NO. 95-"50CIVIL TERM v. . . CHERI ROBINSON and JOE FISHER, Defendants . . AFFIDAVIT 1. We, Cheri Robinson and Joe Fisher, are the defendants in the above-captioned action, which is an appeal from a judgment rendered by District Justice Correal on October 26, 1995, awarding Plaintiff possession of the house in which we reside, located at 222 E. Mulberry Avenue, carlisle, Cumberland county, Pennsylvania. 2. Our share of the rent for this house, which is subsidized by HUD, is $268.00 per month, and becomes due on the 1st day of each month. 3. Our rent payment for November 1995, has been paid, and our next payment will be due on or before December 1, 1995. 4. We verify that the statements made in this Affidavit are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to Date: // J,J I h <;- I . ~ /l C eri Robinson, Defendant Date: 1//:J1/1's- . ~"",f.}l' f}4 ~~.'\ ~ . Fisher, efenda - >;0" ".- .,...'-~- :", " " "'1: ::'1 .". ':J. (1 ~ ';1 \ :-';. (' ~ ~ ..... ....~ .t .., l- :J~ ....',.4;..: (,.)ZU-4, &;:.qn:.o- u..~.,;~ 00-41.!'1 Qn:;".l.,," u.Jc..U~;C :.!W~l~ ... ;%:.1 "-.:;:1 i~g: .... ',c' <>- <D ..... <-...I N t . -~ >::, <, =--'. c::> = ., .~ '. .:' '.L ,,' .; ~, .'J. . , ';;~f.'~'~?;:::;f::-:;:t~:~:'f{;~~~)'~.~~f~~-";~"~ ~ : ;'.<' - .' h ~~';;:!.~~~~~':~l;l: . a_ , ..:..... ~ ,(;, f ,", _,..'fT ~ .,....:;. t!' ':'<"\' " ,; ~ . '; r - . : ! ~ ;, . . ~ GIL CLOUSER, : IN THE COURT OF COMMON PLEAS OF Plaintiff . . . . . . CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-~~ST>CIVIL TERM v. : CHERI ROBINSON and JOE FISHER, . . . . . . Defendants . . PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, CHERI ROBINSON and JOE FISHER, Defendants, to proceed in forma DauDeris. I, Philip C. Briganti, attorney for the party proceeding in forma DauDeris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ,;-t;,,{, f. Ph lip c. Briganti Attorney for Defen nts LEGAL SERVICES, INC. a Irvine Row carlisle, PA 17013 (717) 243-9400 t , , ~ GIL CLOUSER, IN THE COURT OF COMMON PLEAS OF Plaintiff . . . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 95- CIVIL TERM . . . CHERI ROBINSON and . . JOE FISHER, . . Defendants AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. We are the defendants in the above matter and because of our financial condition we are unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. We are unable to obtain funds from anyone, including our family and associates, to pay the costs of litigation. 3. We represent that the information below relating to our ability to pay the fees and costs is true and correct. (a) Name: Cheri Robinson and Joe Fisher Address: 222 E. Mu1berrv Avenue Carlisle. PA 17013 Social Security Number: Cheri (184-48-8122 Joe (209-50-7529 (b) If you are presently employed, state Employer: None Address: N I A Salary or wages per month: NIA Type of work: NIA If you are presently unemployed, state Date of last employment: Cheri - 8/95 Joe - 8/95 Salary or wages per month: $1432.00 Type of work: Boxina and Taaaina (c) Other income within the past twelve months Cash: None Checking Account: None savings Account: $1.00 certificates of Deposit: None Real Estate (including home): None Motor vehicle: Make Dodae . < ; Business or profession: None Other self-employment: None Interest: None Dividends: None Pension and annuities: -Hone Social Security benefits: None support payments: $140.00/mo. Disability payments: None Unemployment compensation and supplemental benefits: None Workman'S compensation: None Public Assistance: None Other: None (d) Other contributions to household support (Wife (Husband) Name: None If your (husband) (wife) is employed, state Employer: N/A salary or wages per month: N/A Type of work: N/A Contributions from children: SSr-S1470/mo. for 3 (e) Property owned Year 1984 Cost $3.495.00 Amount owed $2.000 .. ,:-_ ,'.'~'Fp~~,,':'- "'!:' "'.,"""~"!Io~/. . stocke; bonde: None Other: None (f) Debts and obligations Mortgage: None Rent: S268.00 Loans: Auto Drive-S240.00/mo. Monthly Expenses: E1ectric-S90.00. WaterISewer-S20.00 Telenhone-Sl00.00. Kav's Jewe1ers-S50.00. Groceries-S400.00. Hill's Dent. Store-Sl00.00. Cab1e-S42.00. Car insurance-Sl00.00. Gas-S160.00 Miscel1aneous-S80.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: None Children, if any: Name: Shawn Fisher Age: 9 vrs. Ben;amin Fisher 8 vrs. Rebecca Fisher 6 vrs. Justin Fisher 4 vrs. 4. We understand that we have a continuing obligation to inform the court of improvement in our financial circumstances which would permit us to pay the costs incurred herein. 5. We verify that the statements made in this affidavit are true and correct. We understand that false I r statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: Date: II j:J d q ':) II ~q.S ~'" ~ J:"~~ ~- J e s er, efendant $ - ~ '0 ", N - c---I ".. ~ \ . 04;.&'1;.0. ~,.. ...!: _SoOt ...1 f".... ..;.Jo;"i ~Z;u, tt-=-:e3 0'--0- t ..:.......1.1, e,:)~2~ :1 :-I~&J~ i::=.::~~ '-,.. ~'-" f':.1 '"'1;;"- COMMONWIAUH Of 'INNlnVANIA COUaI Of COMMON 'UAI NOTICE OF APPEAL fROM DISTRICT JUSTICE JUDGMENT COMMON'UAIN. q5 -~w50 ~ Tv.-- NOTICE OF APPEAL Notice I. glwn that ..... .........,t hat Iiled In ..... aboYe COUll of Common Pleo. on oppeoIlrom ..... judgment ...odotod by ..... Di.,rlct Jontlco on 'ho dato and In ..... CCIM ......Iooood ..... .IIIDlCIAL DlITalCf ~~DlOllIUId JCMl Pbher 222 E. Mulberry Avenue an Carlb1e 1......,.1t~0I_0I1lJ. Paula P. Correal I All lP COOl PA 17013 CV 19. LT 19 - 1hit block Wll be Ugn8d ONLY when !hi. no I. l1Kluired undoI Po. RCP JP, No. 100811. .;" ';, 1hit Notlco of APPooI. when rocolwd by ..... ~.trict Ju.tico, Wl11 opeIOlo 01 0 SlJPERSBlEAS7.....)~.:7~~fl:ca)Ati !IA". JQ.,- ;X-~ ~-J~~Y~' /1'1 ... Ched Robinson and Joe Pieher Lesal Sarvices. Inc., 8 Irvine Row, Carlisle, PA l70l3 ' /' n (. If appellant was CLAI NT (see . R.c,P.J.P, No. fOO1(6) In act/on before D1sf1fct Justice. he MUST FILE A COMPLAINT within lwenty (20) days alter filing his NOTICE of APPEAL, lO/26/95 Gil C10UIIBr "., PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (TIlls section of fonn /0 be used ONLY wnen:ii""e"ant was DEFENDANT (see Pa. FW.P.J.P. No. 1001(7) In action befom DIstrict Justice, IF NOT USED, detach from cOpy of. nb1Ice' of eppesl /0 be served upon appellee). PRAECIPE, To Prothonolaly Enlel rule upon Gil Clouser NIIme 01 ~" (CommonPleotNo. qs~ro~So t~ Tvv.-o )wi'hintMn'y(20)cloy.ofleltervlcoofruleo"utr...on r , oppellee(.), to fiIo 0 complaint In this appooI . judgment of non pros. RULE, To Gil Clouser _d~" , oppoll.o(.~ (1) You ore no6fiod thot a rule Is hereby enleled upon you to fiIo a complaint In this appeal within ,....ty (20) cloy. altol 'ho dato 01 service of thi. rule upon you by penanoI SOfVlco 01 by certifiod 01 reglstorod ,"",1 , (2) If you do not fiIo a complaint within this limo. a JUDGMENT OF NON PROS WIll BE ENTERED AGAINST'yOU . (3) The dote of ..me. of ,his rule If ,",vIce "'" by ,"",11. tho dote of mailing. i' n {IA+i () ~I: ,~ Iuu. ),1 ,19~ ~-. '. ~~ Date: '. "f" .... f'lllll...... NJf'C312.84 COURT FILE SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ' 19_ flrt: ~ASlgn"u"o' '''''1'' .. ,J" ,- ,< ,.F' " PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT, (This plool olservlco MUST8,E FILED WITHIN TEN (10/ DA YS AFTER III/ng the nOI;cooloppee/,ChechoPPllc.~/.;/~!!~e.); COMMONWEALTH OF PENNSYLVANIA COUNTY OF C kfYI~,.r/1l1l1 \""j .. ~-...'~ ill " ,!:.' AFFIDAVIT: I hereby sWOIror.tlIrm Ihallsorved ~py of the Notice of Appeal, comm~n PI!!'S No1';-US'()C.:lwr.-;!Jpon Ihe.Jll~t,r!ct Justice dellgnated therein on (d.,. 01 service) NIV,"","".;z::l.; 19.fL.. , 0 by per,sonal s"rvlce Ii41iY (certified) (-".1 I~,~~) mati, ;~onder's rjV;IPI8t1aChed horeto, a~'}!!P~n the appellee, (name) (;.,/ C ~"~,,. . , . " - ,on II...IIM'- J.)., ,19 by personal service 015'Y(certlfled)+ .. J) ."ell, sender's receIPtallached~erelo. a-a;d lurlher that I servod Ihe Rule to File a Complaint accompanyln9the above Notice of Appell upon'ifte appolloe(l) to whom tho'Rul~was addressed on /Il, .,,(>1""'1' ::L ~ , 19 'I :'-0 by personol aervlco ~rtlfledU.ft9"tar."1 mall, sender'. 'receipt all~ched hereto. '.~ ~. \ ~~. j. Sign,'ur. 01 oWel.' b,IOt' wnom .",d,tit WI. mid. TitI.alafliel" . . 1", My commlHlon ppire..on J:. iI~('.:/ y, .J..httl .JI-,~ S.j.qf,.,.,.."I',.., f/';( ,4.{J,tlrf'" i- tl,< 1-1'1(< 1/..." I fI/,/t'CI. L {,(t1'!N'kl'uJ fh~1- to/Ie S+tJ/~""''''lII h,.r~;", "o'( m~tle..,J'9j,J..{f';"."~ , f~'111f"('( o.{.. /~ p,S. ?ltfp'l, (.,.Itfl,"j Ie II<1J",,,,1'/ .(q/s/r.rf{,prtl.. q ~ l-h .""rJ'(' 5'.' 1~. ,I' ; ,. ,-, . ~(~ '1' . - ~ ,. i ,/, ..., '. !.,. ~ ).i'. ~~; c.', "'tIl{;:l, fj ;;.'",'1I"; 7-:r1"":!f" t""J:'C" ~~I"';';' : 'r-'" ....0 ..:.1:1"':"'" ""n",j~ ~n'7.'n i;;r-: :-~ ,., "',. -'.,. -<~ = c::> ... ....., r-.> . -, ,'~ ,0 &' -' ~ "- f.~ c.D"t Z :t.26 563 a!l75 ~ ReceIpt for Certified Mell _ No Inaur.neD Coverege Provided .cur1J:8 Do not u.. for Internelional Mail ISee Reve,.el 'on, 'bIL CLOUf;ER $W..larwt Nl RD BOX 135C po.~tLDDTfSBURG PA 17024 Poll",,, c.,"'~'" , Spec..1 O'lI....~ ,,," RutfIC1.-dDtJ_wftttl . 52 AeMn Mtlutpl 5ho....1OO a; III Whom . Qt,. [J.j'''''''III(j ~ I g llJ ! R.tu'IlR~lIIShn....ltlQloVvt>l'''''< 0.1., .f\d Addr"".', "'Od"~, ~ Z :t.26 563 l!l76 ~ Receipt for Certified Mall No Insurance Coverago Provided ~ Do not ule for Internalional Mail ~ 15eo Reversel , '~'''PAULA P CORREAL ,. "'COURTHOUSE SQ . 0 ~A'RL"{~'t~.. P A 17013 f'(J"'9r $ $ C.f\.f..,Jf..... SPl'C'ol' o.,;,~t". It'O:' He"roelrr1 ()o:,~t'w lee 52 11.,10,'" "lIle.p1 ~'O(J""ffl\l en '" VWt'l'!Tl" 0"., ()t,;."",..,! ~ 11 ! I ! ~ , .5".2.. Iltll"lt1fl"UNII',',O...."'UlU'^'''..I''.. D,IIll,<t"I1A"'ffr"""'lAr1<!'''..' $ ., :~'-'.:-..';'.:,-,,-.,..,.'.,,\ 5:2.. , HAROLD G. CLOUSER, and CAROLYN M. CLOUSER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA LI.SO : NO. 95-te59 CIVIL TERM . . . . CHERI ROBINSON, and JOSEPH FISCHER, Defendants JURY TRIAL REQUESTED NOTICE TO PLEAD TO: Harold G. Clouser and Carolyn M. Clouser You are hereby notified to file a written response to the enclosed Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. M~ r. ~ Philip ((:. Briga i Attorney for Defendants LEGAL SERVICES, INC. a Irvine Row carlisle, Pa 17013 (717) 243-9400 Date: J..)-.21i-I'~- : CUMBERLAND COUNTY, PENNSYLVANIA : ,~~o ~ : NO. 95-~ CIVIL TERM trl . JURY TRIAL REQUESTED \1 ~ . : .~"-' - . ~~nl~ lHrl1 HAROLD G. CLOUSER, and CAROLYN M. CLOUSER, plaintiffs IN THE COURT OF COMMON PLEAS OF . . V. CHERI ROBINSON, and JOSEPH FISCHER, Defendants ANSWER COME NOW the defendants, Cheri Robinson and Joseph H. Fisher, Jr., by counsel, Philip C. Briganti, Legal Services, Inc., and as their Answer to Plaintiffs' Complaint, state as follows: 1. Admitted 2. Admitted. However, Defendants aver that the second defendant's name is Joseph H. Fisher, Jr. 3. Admitted. 4. Admitted. 5. Admitted. However, Defendants deny that plaintiffs are entitled to terminate the lease. 6. Admitted. 7.A. Denied. Defendants deny that they failed to maintain the household in a clean and proper manner, with resulting damaged to the carpet and other items as alleged. 7.B. Denied. Defendants deny that in June of 1995, they left a dog unattended in the house for three days, during which time the animal damaged the property as alleged. 7.C. Denied. Defendants deny that they have repeatedly harassed and disturbed neighboring property owners, resulting in numerous police visits to the premises. Defendants further aver that their neighbors have harassed and disturbed them, and that these neighbors have called the police primarily to harass them. Moreover, Defendants have had to call the police to report disturbances by said neighbors. 7.D. Denied. Defendants deny that they have been rude, harassing and uncooperative toward Plaintiffs, and that Defendants have failed to comply with any reasonable requests for proper care of the premises. 7.E. Denied. Defendants have paid all rent required under the lease. Beginning in December 1995, as required by Rule 357 of the Cumberland County Rules of Procedure, Defendants began paying their rent into escrow with the Prothonotary. 8. Denied. Defendants deny that they have caused damage to the premises beyond ordinary wear and tear, and that they are refusing reasonable access for Plaintiffs to inspect and repair. As set forth below in Defendants' Counterclaim, repairs are needed at the premises due to no fault of Defendants, and Plaintiffs have refused and failed to remedy these problems. WHEREFORE, Defendants request that judgment be entered in their favor and that the relief requested by Plaintiffs be denied. COUNTERCLAIM I. ImDrODer Collection of Side PaYments 9. Beginning in March 1995, through and including August 1995, Plaintiffs demanded, and Defendants paid, an extra $50.00 per month in rent, above the amount required by the parties' lease. 10. In addition, Plaintiffs demanded, and Defendants paid, ft security deposit of $600.00, which was $50.00 more than is required or permitted by the parties' lease. See Plaintiffs' Exhibit "A". 11. Such additional charges violate the rent provisions set forth in the parties' lease, as well as paragraph 4-17 of HUD Handbook 7420.7, which establishes guidelines for the HUD section 8 Existing Housing Program. WHEREFORE, Defendants request judgment in their favor and against plaintiffs in the amount of $350.00. II. conversion 12. In or about May 1995, Defendants were contemplating purchasing from Plaintiffs the rental premises, and remitted to Plaintiffs a mortgage application fee in the amount of $350.00, in reliance upon Plaintiffs' representation that they would submit Defendants' mortgage application and said fee to a mortgage lender. 13. Defendants believe, and therefore aver, that plaintiffs never submitted the mortgage application or the fee to a mortgage lender, and converted the fee to their own use and benefit. WHEREFORE, Defendants request judgment in their favor and against Plaintiffs in the amount of $350.00. III. Violation of the Unfair Trade Practices and Consumer Protection Law 14. Defendants repeat and incorporate by reference their averments set forth above in Paragraphs 9 through 13. 15. Plaintiffs are engaged in "trade" or "commerce" within the meaning of the Unfair Trade Practices and Consumer Protection , Law, 73 P.S. Section 201-1 .I.t UlI. (hereinafter: "the Act"). 16. Plaintiffs actions as described herein constitute unfair or deceptive aots and practices in the conduct of trade or commerce, in violation of Section 3 of the Act (73 P.S. Section 201-3). WHEREFORE, pursuant to 73 P.S. Section 201-9.2, Defendants request the following relief: a. actual damages in the amount of $700.00 b. three times Defendants actual damages, in the amount of $2100.00. c. such other and further relief as this Court may deem reasonable and just. IV. Breach of the Lease and the ImD1ied Warrantv of Habitabi1itv 17. Since taking possession of the rental premises on March 1, 1995, Defendants have discovered the fOllowing defects at the premises, and have reported them to Plaintiffs: a. Large gaps around all outside doors and windows which will not shut tightly, making the premises very difficult and expensive to heat, and resulting in Defendants' children becoming ill. b. Knobs missing from the range, making it difficult to use this appliance and cook food. c. Leaking bathtub faucet and shower head, causing excessive water bills. 18. Defendants have given Plaintiffs notice of the above- described defects and a reasonable opportunity to correct them, but Plaintiffs have failed to repair these defects. -"-\'H".^.....,_"'-..".-.-, .. '"' 19. Plaintiffs' failure to repair the above-described defects constitutes a breach of Paraqraph G of the parties' lease, which requires plaintiffs to maintain the dwelling unit, equipment and appliances in accordance with HUD requirements. 20. Plaintiffs' failure to repair the above-described defects constitutes a breach of the implied warranty of habitability. 21. As a direct and proximate consequence of Plaintiffs' breach of the lease and the implied warranty of habitability, Defendants' health and safety, as well as that of their children, has been threatened, Defendants and their family have suffered illness, economic losses and other hardships, and their use and enjoyment of the rental premises has substantially been reduced. 22. Because of the substantial reduction in use of the rental premises to Defendants as described above, the rental value of the premises was reduced and they have overpaid rent to Plaintiffs in the amount of $1000.00. WHEREFORE, Defendants request judqment in their favor and against Plaintiffs in the amount of $1000.00, and such other and further relief as may be deemed reasonable and just. Respectfully submitted, /~~ / ~J-- Philip' . Briga ti Attorney for Defendants LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 . The above-named Defendants, Cheri Robinson and Jos.ph Fisher, Jr., verity that the statements made in the abova Answer and counterclaim are true and correct. Defendants understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn fa1sitication to authorities. Date: \o.~9~ ~tA; i2.J~n""T~l eri Robinson, Defendant Date: J",/:;J9:,/'T~ t2 ~ e hLi h F}./ ~..;..~. l - se~ Fisher, Jr 'Defendant . . HAROLD G. CLOUSER, and CAROLYN M, CLOUSER, Plaintiffs I IN THE COURT OF COMMON PLEAS OF . . I CUMBERLAND COUNTY, PENNSYLVANIA I V. : NO. 95-7059 CIVIL TERM CHERI ROBINSON, and JOSEPH FISCHER, Defendants . . I JURY TRIAL REQUESTED I I CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that a copy of the forsgoing Answer and counterclaim is this 2,gH- day of December 1995, being served upon Roger M. Morgentha1, Attorney at Law, Flower, Horgentha1, Flower & Lindsay, 11 East High Street, Carlisle, Pennsylvania, 17013, by regular mail. (-: ,'. P 1 C. Dr gan Attorney for Def ndants LEGAL SERVICES, INC. a Irvine Row carlisle, PA 17013 (717) 243-9400 , l- f" n. t,' I': ;.... .~,;,. . """........,,^,-- ".......... <""~"""'';-''.''''~~'''<'.i>~I!; ';:Y',";f"':""-~"<~, .:,,;I....."..t'....,,~~l't........,.'"""'..""_'.-9.",-' <".,'nCW ',_;_..'d"''',-',_, .-' "'". ~ ;;"..:........,;:o..u;,._,.__~._^_.:~...__,. ?i co ;;; 03' ~ .. z - "J - o~ I~ .,.. J:.. c.;;"_1 .:::: 0.. r-: (l~j Cl t;..: '" J '1"'- ..... C'-' .....:~R ~:1; . \-II U f;l~ r= LAJ 0 [Ii' " t; In ::1 0'\ U - ..'- , ~......~...~4."...,.""4...,,.......l....._~_~F-:::'l'-~f.."., """'fi..~.....~"lil~.~~~,~'.":""./"TW:'...w~ I c:\wpSl\aa-r,Rop.....r HAROLD G. CLOUSER, and CAROLYN M. CLOUSER, PlalnUtfa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW . . v. . . : 95-8850 CIVIL TERM CHERI ROBINSON, and JOSEPH FISCHER, . . Defendanta JURY TRIAL REQUESTED AND NOW, come Plaintiffs, Harold G. Clouser and Carolyn M. Clouser, his wife, by and through their attorneys, Flower, Morgenthal, Flower & Undsay, and make the following reply to Defendants' New Matter. COUNT I . ImDrODer Collection of Side Pavmenta 9. Denied. After reasonable investigation, Plaintiffs lack sufficient Information to reply to this averment, and proof, If relevant, Is demanded at trial. 10. Admitted In part and denied In part. It Is admitted that Plaintiffs demanded, and Defendants paid, a security deposit of $800. However, the said amount was paid before Plaintiffs received the lease from the Cumberland County Housing Authority, and thereafter, pursuant to oral permission granted by Cumberland County Housing Authority through its employee, Kathy Lumpford, the $800 amount was approved. 11. Denied as a legal conclusion to which no reply Is necessary. c:\wpSl\aa.or,...\-t WHEREFORE, Plaintiffs demand judgment as requested In theIr Complaint and thst the Court dismiss Defendants' Counterclaim. COUNT II . Conversion 12. Admitted. By way of further answer, Plaintiffs received from Defendants $350 In cash, which was deposited In Plaintiffs' chec1dng account, and checks In a like amount were drawn on said account and paid to a mortgage lender to cover an application fee and credit check. 13. Denied. As set forth In Plaintiffs' Reply to paragraph 12 above, said fee was paid as part of a mortgage application to a mortgage lender. WHEREFORE, Plaintiffs demand judgment as requested In their Complaint and that the Court dismiss Defendants' Counterclaim. COUNT III . Violation of Unfair Trade Practices and Consumer Protection Law 14. Plaintiffs repeat and Incorporate by reference their replies to paragraphs 9 through 13 above. 15. Denied as a legal conclusion to which no reply Is necessary. 16. Denied as a legal conclusion to which no reply Is necessary. WHEREFORE, Plaintiffs demand judgment as set forth In their Complaint and that the Court dismiss Defendants' Counterclaim. 2 c:\wp51\QouIIr,\IOp,""" IV. Breach of the Lea.e and the ImDlled Warranty of HabltlbllllY 17(a). Denied. After reasonable Investigation, Plalntlffs, having been denied access to the premIses by Defendants, are without sufficient knowledge or Information to form a belief as to the truth of this averment and proof, If relevant, Is demanded at trial. (b). Denied. After reasonable investigation, Plalntiffs, having been denied access to the premises by Defendants, are without sufficient knowledge or Information to form a belief as to the truth of this averment and proof, If relevant, Is demanded at trial. (c). Denied. After reasonable Investigation, PlaIntiffs, having been denied access to the premIses by Defendants, are without sufficient knowledge or Information to form a belief as to the truth of this averment and proof, If relevant, Is demanded at trial. 18. Denied. On the contrary, Defendants have refused to permit Plalntiffs to have access to the sald premises for Inspection or for any other purpose, and they have threatened them with arrest If they come upon the premIses. Said premises are subject to a lease under the auspices of the Cumberland County HousIng Authority which has regularly inspected said premises, and Plaintiffs aver that had such deficiencies existed, the Housing Authority would not have authorized payment to Plaintiffs of Its portion of the rent. 19. Denied as a legal conclusion to which no response is necessary. 20. Denied as a legal conclusion to whIch no response Is necessary. 21. Denied. After reasonable Investigation, Plaintiffs lack sufficient Information to reply to this averment, and proof, If relevant, Is demanded at trial. 22. Denied. See Plaintiffs' Reply to previous paragraphs. J ,.,-,-.,..-'--:..,,-....--:...,...,.. ~'..: ..' ._..-' _'.. ._' .'.:' '. . .... ' .- '._ . :.- ......: "'.' ,.,', . . ...-:......- ." ....:,...:... ,.';',J,':," , :-..., ..:'c_ ,:i.:.,::.,..;:'.'.".'-;.;',:.:,..'..,.-..:....;."-,, ,..~'.'~ -.. ",' --.' . ;:= ,,,,3r<'''?,;h"0'_,~',~':,,lr<t~~~i:'t~%t:~~4~\~~W~UJ.~~~, <:\wpSl\ao..or,Ra,\Iar < WHEREFORE, Plaintiffs demand Judgment 88 set forth In their Complaint and thet the Court dismiss Defendants' Counterclaim. FLOWER, MORGENTHAL, FLOWER. UNDSAY Attomeys for Plaintiffs 8;/:011 M/I/~;L- Roger M. Morgen ai, Esquire 10 # 17143 11 East High Street Carlisle, PA 17013 (717) 243-5513 4 < r:\wp5I\OouIc"Rq>,""" " VERIFICATION I, HAROLD G. CLOUSER, hereby verify that the statements made In this REPL V TO COUNTERCLAIM are true and correct to the best of my knowledge, Information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Sectlon 4904, relating to unswom falsification to authorities. Date: /-;AC) -9h' . 5 ..c" .' c:\wp.SI\ao-r,C\&mr HAROLD G. CLOUSER, and CAROLYN M. CLOUSER, PlalnWa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA CIVIL AcnON . LAW 95-6650 CIVIL TERM ; . . v. CHERI ROBINSON, and JOSEPH FISCHER, . . JURY TRIAL REQUESTED Defendants AND NOW, this i..'-/I.. day of ~, , 1996, I, Roger M. Morgenthal, Esquire, of the lawflrm of FLOWER, MORGENTHAL, FLOWER & LINDSAY, Attorneys, hereby certify that 1 served the within ReDly to Counterclaim this day by depositing same In the United States Mall, Flrst Class, Postage Prepaid, In Carlisle, Pennsylvania, addressed to: Legal Services, Inc. a Irvine Row Carlisle, PA 17013 FLOWER, MORGENTHAL, FLOWER Ir LINDSAY Attorneys for Plaintiffs F>r~/1VnI/ Roger M. orgenthal, Esquire 10 " 17143 11 East High Street Carlisle, PA 17013 (717) 243-5513 - ~ ~ ~~ r:lc'\j ~t~ ~ :;.;;. -, & \.0 VI ;;; ?3 8<" ;'iI r ~ ;.,:1;"J ......,.;.- ':5~;l tr"" ",r:, f!!li: !:.'5 u ------...~'.......----.~.-: 1 .,. 17'lIM r" til~~.~.U~:'!U~",","""""'~":_'~'". \. .""'r',