Burr v. Callwood

KELLY, Judge:

In this landlord/tenant action, the defendants, Darrell and Cheryl Callwood (“Tenants”) appeal an order granting summary judgment in favor of the plaintiff, Carol Burr (“Landlord”). The issue presented is whether a defendant who files a counterclaim in a district justice action properly preserves the issues raised in the counterclaim where he files an appeal to the court of common pleas from only the adverse judgment rendered against him on the complaint filed by the plaintiff. We find that in order to preserve the issues raised in the counterclaim, the defendant must file an…