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HomeMy WebLinkAbout09-8892COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-04 09-889 '0 NOTICE OF JUDGMEN`T/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FBENT CREEK LIMITED PARTNERSHIP 7 100 GEORGETOWN RD MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS FT-RAVERS, CARROLL, ET AL. 11 LONGSTREET DR CARLISLE, PA 17013 L J Docket No.: CV-0000393-09 Date Filed: 7/07/09 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 BENT CREEK LIMITED PARTNERHSIP 100 GEORGETOWN RD MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 11/23/09 ® Judgment was entered for: (Name) BENT CREEK LIMITED PARTNERSSIP ® Judgment was entered against: (Name) TRAVERS, CARROLL in the amount of $ 1,183.0 F1 Defendants are jointly and severally liable. F] Damages will be assessed on Date & Tim( This case dismissed without prejudice. F1 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,100.00 Judgment Costs $ 83.00 Interest on Judgment $ 0 Attorney Fees $ .00 Total $ 1,183.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. a Date I certify that this is a true an correct 23 A11V Of Date ? My commission expires first Monday of January, 20 rial District Judge containing the ju-dgrnent. Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 11/23/09 9:39:00 AN ` } +COMMONWEALTH OF PENNSYLVANIA I V. COUNTY OF: CUMBERLAND NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS. PLACEY Address: 104N S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 BENT CREEK LIMITED PARTNERHSIP 100 GEORGETOWN RD MECHANICSBURG, PA 17050 PLAINTIFF: NAME and ADDRESS r BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN RD MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS FT-RAVERS, CARROLL, ET AL. 11 LONGSTREET DR CARLISLE, PA 17013 L J Docket No.: CV-0000393-09 Date Filed: 7/07/09 499 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (pate of Judgment) 11/23/09 ® Judgment was entered for: ? arrfj ` ,1 B Z,..LIMITED PARTNERHSIP ® Judgment was entered against: (Name) t 7! VMS,: BRIDGETTE in the amount of $ 1,193.00T _._ F] Defendants are jointly and severally liable-. ? Damages will be assessed on Date & Time This case dismissed without prejuf_ii o. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,110.00 Judgment Costs $ 83.00 Interest on Judgment $ .00 Attorney Fees $ _. U0 Total $ 1,193.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT MOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM E CQUATO.F COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS T E J04(, MENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. )1%1 AJ2V U7 Date I certify that this is a true Date correct co ga eser?l-e #q eedings containing'the;udgrnent. Magisterial District Judge My commission expires first Monday of January, 2010 AOPC 315-07 DATE PRINTED: 11/23/09 9:40:00 AN SEAL FR E TA ?Y 2099 DEC 29 PH 1: 44 / • ` S l 2 sss7 ?( -c-c- r,YLV4 LC ??A BENT CREEK LIMITED PARTNERSHIP, Plaintiff V. CARROLL & BRIDGET TRAVERS Defendant District Court 09-3-04 CV-0393-09 SUMMARY OF FACTS Plaintiff is a business entity engaged in residential rental properties. Defendants are husband and wife in financial crisis. Wife went to Plaintiff completing a rental application for both, which are signed and dated 15 May 2009. The application fee was paid with the applications. Over that May weekend defendants issued a check for a deposit, one month rent, of $1,085.00. The check came back to Plaintiff marked "stopped payment" incurring a $25.00 bank fee. Plaintiff brings this action to recover that security deposit of $1,085.00 pursuant to the application agreement and the $25.00 bank fee. Defendants acknowledge owing the bank fee, as they did stop payment on the check when they could not get it returned uncashed. The check was delivered to Plaintiff after a call from one of Plaintiff's agents indicating that someone else was interested in Unit 816. The deposit, it was said, would hold that unit with the promise it was not going to be cashed. When Defendants learned it had been cashed the stop payment was issued to prevent further meltdown in their financial crisis. They were trying not to lose their home to foreclosure or to find a home if in foreclosure; they did not have enough money to do both. DISCUSSION The burden in every civil case is on a plaintiff to show that a defendant breached an owed duty, which has resulted in measurable damages. In this case Plaintiff asserts the duty is found in paragraph 9 of the signed rental applications that were individually initialed just below the paragraph indicating agreement with the provision. The term provides that if Defendants chose not to enter into a lease agreement the deposit is to be forfeited as liquidated damages. eoij W14t*%%114 Defendants assert that they were duped into submitting the deposit under the pretense that it would not be cashed. Husband did not complete or sign the form and neither read the back of the agreement that contains paragraph 9. Defendants are hardly making ends meet and had to do what it took to keep a roof over their heads. It was under this pressure they reacted quickly to the salesmanship of Plaintiffs agent. The law provides that the written agreement controls the oral agreement. The argument that the written contract was orally modified by Plaintiffs agent so that the deposit could be held and returned even if they did not enter into a lease is inconsistent with the terms of the application. There is no way to go back in time and read people's minds, which is why we rely on written contracts being controlling. If Defendants did not agree with the terms or the parties had agreed to modify some terms, Defendants could have simply reduced this to writing on the application or noted it on the check or other document. The position of Defendants is quite clear, they were not in a position to enter into this agreement or pay money but they did both. This is not an excuse or a defense to the claim brought by Plaintiff. Judgment is in favor of Plaintiff in the amount of $1,110.00 together with the costs of this action. All parties have been previously advised of their appeal rights and the original exhibits have been returned to the presenting party. By the C irt 23 November 2009 Date Thomas A. Placey M.D.J.