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York County Prothonotary Civil E-Filed - 18 Jan 2024 05:20:53 PM
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
RICHARD WASHINGTON, No. 2023-SU-003508
Plaintiff
Vv. CIVIL ACTION - LAW
TANISHA MAJORS,
Defendant
For Plaintiff: Daniel L. Carn, Esquire
221 W. Philadelphia St.
Suite 45
York, Pennsylvania
Telephone: (717) 848-6400
Facsimile: (717) 848-4400
E-mail:
For Defendant: Michael Lister, Esquire
29 North Queen Street
York, PA 17403
Telephone: (717) 848-3605
Facsimile: (717) 854-5431
E-mail: MLister@midpenn.org
PRELIMINARY OBJECTIONS TO PLAINTIFF’S COMPLAINT
Submitted by Michael Lister, Esq.
York County Prothonotary Civil E-Filed - 18 Jan 2024 05:20:53 PM
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
RICHARD WASHINGTON, No. 2023-SU-003508
Plaintiff
Vv. CIVIL ACTION - LAW
TANISHA MAJORS,
Defendant
NOTICE TO PLEAD
TO: Daniel L. Carn, Esquire, Counsel for Plaintiff
You are hereby notified to file a written response to the enclosed PRELIMINARY
OBJECTIONS TO PLAINTIFF’S COMPLAINT within twenty (20) days from service hereof or
a judgment may be entered against you.
MIDPENN LEGAL SERVICES
Date: 1 fit [ory a
Michael Lister Ww
Attorney ID No. PA 314651
29 North Queen Street
York, Pennsylvania 17403
(717) 848-3605
MLister@midpenn.org
Attorney for Defendant
York County Prothonotary Civil E-Filed - 18 Jan 2024 05:20:53 PM
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
RICHARD WASHINGTON, No. 2023-SU-003508
Plaintiff
Vv. CIVIL ACTION - LAW
TANISHA MAJORS,
Defendant
PRELIMINARY OBJECTIONS TO PLAINTIFF’S COMPLAINT
AND NOW, this 18" day of January, 2024 comes the defendant, Tanisha Majors, by and
through her counsel, Michael Lister, Esquire and MidPenn Legal Services, and files these
Preliminary Objections to Plaintiff's Complaint pursuant to Pa.R.C.P. 1028(a)(1) and in support
thereof states the following:
1 Plaintiff, Richard Washington, is an individual residing at 3712 Wheatland Dr., Dover,
York County, Pennsylvania, 17315.
Defendant, Tanisha Majors, is an adult individual who resides at 315 N. Penn St., 2nd
Floor, York, York County, Pennsylvania, 17403.
On December 18, 2023, Defendant filed a Notice of Appeal from an adverse landlord-
tenant judgment entered against her by Magisterial District Judge Toluba on December 8,
2023.
Pursuant to a Rule to File Complaint issued by the York County Prothonotary, Plaintiff
York County Prothonotary Civil E-Filed - 18 Jan 2024 05:20:53 PM
filed his Complaint against Defendant on December 19, 2023.
Plaintiffs Complaint alleges that Defendant is a tenant of Plaintiff at 315 N. Penn St.,
2nd Floor, York, York County, Pennsylvania, 17403 due to the parties entering into a
written residential lease on or about November 19, 2021.
Plaintiffs Complaint further alleges Defendant served a 30-day notice to quit and vacate
the lease premises to the Defendant and therefore Plaintiff is entitled to possession of the
leased premises and a monetary judgment for rent owed and court costs.
Defendant is a Section 8 tenant under the Tenant-Based Assistance Housing Choice
Voucher Program.
Due to Defendant being a participant in Tenant-Based Assistance Housing Choice
Voucher Program, Defendant is entitled to not only all the protections afforded to her
under state law and her lease, but also federal law.
PRELIMINARY OBJECTION I
THIS COURT LACKS SUBJECT MATTER JURISDICTION OF THE ACTION
9. Paragraphs one through eight are incorporated herein by reference as if set forth fully
below.
10. Pa.R.C.P. 1028(a)(1) permits preliminary objections to be filed when the Court lacks
subject matter jurisdiction of the action.
11. Section 501 of the Landlord and Tenant Act of 1951 requires “[a] landlord desirous of
repossessing real property from a tenant . . . may notify, in writing, the tenant to remove
from the same at the expiration of the time specified in the notice under the following
York County Prothonotary Civil E-Filed - 18 Jan 2024 05:20:53 PM
circumstances, namely, (1) Upon the termination of a term of the tenant, (2) or upon
forfeiture of the lease for breach of its conditions, (3) or upon the failure of the tenant,
upon demand, to satisfy any rent reserved and due.” 68 Pa. Stat. Ann. § 250.501.
12 “It is clear under the provisions of the legislation that the notice required by section 501
[of the Landlord and Tenant Act of 1951] is a prerequisite to proceedings by the landlord
to recover possession by use of the remedy afforded by section 502 to 506, inclusive. The
landlord may file his complaint only after the tenant fails to remove in compliance with
the notice provided for in section 501.” Jankowski v. Orloske, 84 Pa. D. & C. 522, 524
(Com. Pl. 1953).
13 When the tenant is a participant in Tenant-Based Assistance Housing Choice Voucher
Program 24 C.F.R. § 982.310(e)(2)(ii) requires the owner also give the Housing
Authority a copy of any eviction notice given to the tenant.
14. Giving a proper notice to quit is jurisdictional and in the absence of strict compliance
with the provisions of Section 501 of the Landlord Tenant Act and 24 C.F.R. §
982.310(e)(2)(ii) the court cannot assume jurisdiction. See Fulton Terrace Ltd. P'ship v.
Riley, 4 Pa. D. & C.4th 149, 154 (Com. Pl. 1989).
15 Plaintiff's Complaint fails to allege Plaintiff gave the York Housing Authority a copy of
any eviction notice.
16. Because Plaintiff failed to allege Plaintiff gave the York Housing Authority a copy of the
eviction notice this Court lacks subject matter jurisdiction of the action.
WHEREFORE, Defendant requests Plaintiff's Complaint be dismissed for Plaintiff's failure
York County Prothonotary Civil E-Filed - 18 Jan 2024 05:20:53 PM
to provide a copy of a Notice to Quit to the York Housing Authority thus depriving this Court of
subject matter jurisdiction.
Respectfully submitted,
MIDPENN LEGAL SERVICES
Date: fle Jory tho LZ
Michael Lister
Attorney ID No. PA 314651
29 North Queen Street
York, Pennsylvania 17403
(717) 848-3605
MLister@Midpenn.org
Attorney for Defendant
York County Prothonotary Civil E-Filed - 18 Jan 2024 05:20:53 PM
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
RICHARD WASHINGTON. No. 2023-SU-003508
Plaintiff
Vv. CIVIL ACTION - LAW
TANISHA MAJORS.
Defendant
VERIFICATION
I verify that the statements made in these Preliminary Objections are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
Date lig lan
NISHA MAJORS
York County Prothonotary Civil E-Filed - 18 Jan 2024 05:20:53 PM
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
RICHARD WASHINGTON, No. 2023-SU-003508
Plaintiff
Vv. CIVIL ACTION - LAW
TANISHA MAJORS,
Defendant
CERTIFICATE OF COMPLIANCE
I certify that this filing complies with the provisions of the Case Records Public Access
Policy of the Unified Judicial System of Pennsylvania that require filing of confidential
information and documents differently than non-confidential information and documents.
Respectfully submitted,
Lea
MIDPENN LEGAL SERVICES
Date: 1 Ut feoae
/Michael Lister
Attorney ID No. PA 314651
29 North Queen Street
York, Pennsylvania 17403
(717) 848-3605
MLister@midpenn.org
Attorney for Defendant
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York County Prothonotary Civil E-Filed - 18 Jan 2024 05:20:53 PM IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA RICHARD WASHINGTON, No. 2023-SU-003508 Plaintiff Vv. CIVIL ACTION - LAW TANISHA MAJORS, Defendant For Plaintiff: Daniel L. Carn, Esquire 221 W. Philadelphia St. Suite 45 York, Pennsylvania Telephone: (717) 848-6400 Facsimile: (717) 848-4400 E-mail: For Defendant: Michael Lister, Esquire 29 North Queen Street York, PA 17403 Telephone: (717) 848-3605 Facsimile: (717) 854-5431 E-mail: MLister@midpenn.org PRELIMINARY OBJECTIONS TO PLAINTIFF’S COMPLAINT Submitted by Michael Lister, Esq. York County Prothonotary Civil E-Filed - 18 Jan 2024 05:20:53 PM IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA RICHARD WASHINGTON, No. 2023-SU-003508 Plaintiff Vv. CIVIL ACTION - LAW TANISHA MAJORS, Defendant NOTICE TO PLEAD TO: Daniel L. Carn, Esquire, Counsel for Plaintiff You are hereby notified to file a written response to the enclosed PRELIMINARY OBJECTIONS TO PLAINTIFF’S COMPLAINT within twenty (20) days from service hereof or a judgment may be entered against you. MIDPENN LEGAL SERVICES Date: 1 fit [ory a Michael Lister Ww Attorney ID No. PA 314651 29 North Queen Street York, Pennsylvania 17403 (717) 848-3605 MLister@midpenn.org Attorney for Defendant York County Prothonotary Civil E-Filed - 18 Jan 2024 05:20:53 PM IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA RICHARD WASHINGTON, No. 2023-SU-003508 Plaintiff Vv. CIVIL ACTION - LAW TANISHA MAJORS, Defendant PRELIMINARY OBJECTIONS TO PLAINTIFF’S COMPLAINT AND NOW, this 18" day of January, 2024 comes the defendant, Tanisha Majors, by and through her counsel, Michael Lister, Esquire and MidPenn Legal Services, and files these Preliminary Objections to Plaintiff's Complaint pursuant to Pa.R.C.P. 1028(a)(1) and in support thereof states the following: 1 Plaintiff, Richard Washington, is an individual residing at 3712 Wheatland Dr., Dover, York County, Pennsylvania, 17315. Defendant, Tanisha Majors, is an adult individual who resides at 315 N. Penn St., 2nd Floor, York, York County, Pennsylvania, 17403. On December 18, 2023, Defendant filed a Notice of Appeal from an adverse landlord- tenant judgment entered against her by Magisterial District Judge Toluba on December 8, 2023. Pursuant to a Rule to File Complaint issued by the York County Prothonotary, Plaintiff York County Prothonotary Civil E-Filed - 18 Jan 2024 05:20:53 PM filed his Complaint against Defendant on December 19, 2023. Plaintiffs Complaint alleges that Defendant is a tenant of Plaintiff at 315 N. Penn St., 2nd Floor, York, York County, Pennsylvania, 17403 due to the parties entering into a written residential lease on or about November 19, 2021. Plaintiffs Complaint further alleges Defendant served a 30-day notice to quit and vacate the lease premises to the Defendant and therefore Plaintiff is entitled to possession of the leased premises and a monetary judgment for rent owed and court costs. Defendant is a Section 8 tenant under the Tenant-Based Assistance Housing Choice Voucher Program. Due to Defendant being a participant in Tenant-Based Assistance Housing Choice Voucher Program, Defendant is entitled to not only all the protections afforded to her under state law and her lease, but also federal law. PRELIMINARY OBJECTION I THIS COURT LACKS SUBJECT MATTER JURISDICTION OF THE ACTION 9. Paragraphs one through eight are incorporated herein by reference as if set forth fully below. 10. Pa.R.C.P. 1028(a)(1) permits preliminary objections to be filed when the Court lacks subject matter jurisdiction of the action. 11. Section 501 of the Landlord and Tenant Act of 1951 requires “[a] landlord desirous of repossessing real property from a tenant . . . may notify, in writing, the tenant to remove from the same at the expiration of the time specified in the notice under the following York County Prothonotary Civil E-Filed - 18 Jan 2024 05:20:53 PM circumstances, namely, (1) Upon the termination of a term of the tenant, (2) or upon forfeiture of the lease for breach of its conditions, (3) or upon the failure of the tenant, upon demand, to satisfy any rent reserved and due.” 68 Pa. Stat. Ann. § 250.501. 12 “It is clear under the provisions of the legislation that the notice required by section 501 [of the Landlord and Tenant Act of 1951] is a prerequisite to proceedings by the landlord to recover possession by use of the remedy afforded by section 502 to 506, inclusive. The landlord may file his complaint only after the tenant fails to remove in compliance with the notice provided for in section 501.” Jankowski v. Orloske, 84 Pa. D. & C. 522, 524 (Com. Pl. 1953). 13 When the tenant is a participant in Tenant-Based Assistance Housing Choice Voucher Program 24 C.F.R. § 982.310(e)(2)(ii) requires the owner also give the Housing Authority a copy of any eviction notice given to the tenant. 14. Giving a proper notice to quit is jurisdictional and in the absence of strict compliance with the provisions of Section 501 of the Landlord Tenant Act and 24 C.F.R. § 982.310(e)(2)(ii) the court cannot assume jurisdiction. See Fulton Terrace Ltd. P'ship v. Riley, 4 Pa. D. & C.4th 149, 154 (Com. Pl. 1989). 15 Plaintiff's Complaint fails to allege Plaintiff gave the York Housing Authority a copy of any eviction notice. 16. Because Plaintiff failed to allege Plaintiff gave the York Housing Authority a copy of the eviction notice this Court lacks subject matter jurisdiction of the action. WHEREFORE, Defendant requests Plaintiff's Complaint be dismissed for Plaintiff's failure York County Prothonotary Civil E-Filed - 18 Jan 2024 05:20:53 PM to provide a copy of a Notice to Quit to the York Housing Authority thus depriving this Court of subject matter jurisdiction. Respectfully submitted, MIDPENN LEGAL SERVICES Date: fle Jory tho LZ Michael Lister Attorney ID No. PA 314651 29 North Queen Street York, Pennsylvania 17403 (717) 848-3605 MLister@Midpenn.org Attorney for Defendant York County Prothonotary Civil E-Filed - 18 Jan 2024 05:20:53 PM IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA RICHARD WASHINGTON. No. 2023-SU-003508 Plaintiff Vv. CIVIL ACTION - LAW TANISHA MAJORS. Defendant VERIFICATION I verify that the statements made in these Preliminary Objections are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date lig lan NISHA MAJORS York County Prothonotary Civil E-Filed - 18 Jan 2024 05:20:53 PM IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA RICHARD WASHINGTON, No. 2023-SU-003508 Plaintiff Vv. CIVIL ACTION - LAW TANISHA MAJORS, Defendant CERTIFICATE OF COMPLIANCE I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing of confidential information and documents differently than non-confidential information and documents. Respectfully submitted, Lea MIDPENN LEGAL SERVICES Date: 1 Ut feoae /Michael Lister Attorney ID No. PA 314651 29 North Queen Street York, Pennsylvania 17403 (717) 848-3605 MLister@midpenn.org Attorney for Defendant