Here are the documents...i blacked out names...and my address...i know they are public record though.
I apologize for them not being in order...they uploaded backwards and then i realized i forgot document 4..so that's the last one...all are numbered though.
Thanks again for all your help!
First, my disclaimer:
I am not a lawyer. I don't give legal advice, I just make helpful comments. I guarantee nothing. If you decide to act on my comments without the advice of an attorney you do so at your own risk.
I'll give you some resources on how to write it. Once you understand the how, you can put something together to file with the court.
First thing to understand is that, in an Answer, you only admit or deny allegations, you don't explain why you are admitting or denying, unless you are admitting in part and denying in part. In other words, an Answer is not the place to state your case, defense, evidence, or any other extraneous matters (like all the bad things the plaintiff did in the past).
The following website has a good explanation of the steps in a lawsuit and explains how to genrally construct an answer.
Here are two actual answers that have been filed in PA courts:
Your answer is not going to be as complicated as those nor will it have all the elements that those have.
Basically you are going to address just the 3 pages of the complaint, numbered 5, 4, and 3 on photobucket.
I would set up the top of your first page in the same format as the complaint, showing the plaintiff, defendant, the court and the case number.
Center the title and call it something like Answer to Civil Action Ejectment With Affirmative Defenses. You don't likely have any new matters or counterclaims.
- Comes now the Defendant, ______________, in propria persona, and files the following Answer to Civil Action Ejectment, averring as follows:
Then for each numbered allegations you list your numbered responses. You need not repeat the allegations. Only indicate whether you admit or deny, etc.
For allegatons based on information provided by the plaintiff I suggest using the following phrase:
- Admits, to best of knowledge and belief.
That phrase likely applies to allegations 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.
Here's where it gets interesting.
- 13. Admits in part, denies in part. Defendant admits to being the person occupying the Premises without claim to title but denies occupying the premises without right.
- 14. Denies.
Next center the title: Affirmative Defenses.
- Comes now the defendant _________________, in propria persona, to present the following Affirmative Defenses:
- 1. Plaintiff fails to state a claim upon which relief can be granted.
- 2. An action for ejection is premature as Defendant has a right to remain a tenant for 90 days under US law and received notice of same from Plaintiff on June 28, 2012.
- Wherefore, Defendant asks the Court to dismiss the Civil Action Ejectment and award Defendant any filing and service fees and any other relief that the Court deems proper.
Set up your signature like the other samples.
After which you will need to attache a Certificate of Service similar to the last page of this sample:
File it with the court (get your copies date stamped) and mail a copy to the attorney (return receipt).
If there's a fee for the filing, pay it. You really don't have a choice although you can ask for a fee waiver applicaiton and see how that goes.
Make sure you continue to pay your rent on time to the attorney by check (also return receipt). Otherwise you are likely to just get evicted in a hurry for non-payment.
Once you have filed your answer the Discovery period starts. During Discovery, each party will filed a series of requests with the opposing party known as interrogatories (asking the opposing party to answer questions), production (asking for documents to be produced) and admissions (asking the opposing party to admit or deny questions). The party must then respond to the Discovery in a given time period.
It may take a few weeks for the lawyer to get started on this but you can expect to get more confusing paperwork at some point.
When you get it, come back to this thread to discuss.