Loading...
HomeMy WebLinkAbout04-43497tz.uv-la3v? COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mae. Dist No.: 09-3-04 DJ Name. Hon. THOMAS A. PLACEY Appeal' 104 S. SPORTING HILL RD MECHANICSBURG, PA Telephone. (7171 761-8230 17050 1 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS _ FBENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L VS. DEFENDANT: NAME and ADDRESS FORTIZ, KEVIN 400 NORTH ST. COMMONWEALTH KEYSTONE BLD LHARRISBURG, PA 17120 BENT CREEK LIMITED P 5351 JAYCEE AVENUE HARRISBURG, PA 17112 THIS IS TO NOTIFY YOU THAT: Judgment: DocketNo.: CV-0000032-04I Date Filed: 1/23/04 f FOR PT.ATNTIFF Judgment was entered for: (Name) Fl r..RRRiC T.TMTTF.n PARTMRRRRTP Judgment was entered against: (Name) ORTTZ, itRVTM in the amount of $ 2,249.111111 on: (Date of Judgment) 7/01 /n4 1-1 Defendants are jointly and severally liable. (Date & Time) El Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachmel Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ _ Amount of Judgment $ 2,144.00 Judgment Costs $ 101.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,245.00 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 DISTRICT JUSTICES, 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 'I !, "J I I ? Qq Date g District Justice I certify that this is a true rect c py the record of the p Zbedings containing the judgment. I I oq Date District Justice My commission expires first Monday of January, 2010 . SEAL AOPC 315-03 DATE PRINTED: 7/01/04 2:35:22 PM J I a? ?f U o r z r w c 0 1 4 ?I o O?j ^- cr; z lu r a BENT CREEK LIMITED PARTNERSHIP, OF Landlord V. DISTRICT COURT 09-3-04 KEVIN ORITZ, Tenant CV-0032-04 FACTS FROM TRIAL Landlord is the owner operator of residential rental housing units in Silver Spring Township. Tenant rented one of Landlord's units that was memorialized by written lease dated 14 August 2004. The term of the lease was for one year beginning 1 September 2003, with a monthly rent of $1015.00 [$985.00 rent plus $30.00 pet rent] and a security deposit of $26.00 and a non-refundable pet privilege fee of $250.00. Tenant moved out in November 2003 after giving Landlord notice in writing dated 14 November 2003 that provided in full: "This is to inform you of our intent to vacate 823 Highland Court as of November 30, 2003." No written forwarding address was provided as required in paragraph 5 of the lease. Landlord responded in writing dated 15 November 2003 advising it had received the notice effective 30 November 2003 and that Tenant would be responsible for the lease break fee, rent and utilities until the end of the lease or the unit re-rented, contacting Landlord for inspection and return of keys, together with a request for a forwarding address. Landlord performed the rental unit inspection on 2 December 2003 noting the following items, exclusive of any prior tenant items, as being at issue: "1 [inch] cut on floor by dishwasher... lease break fees ...no mailbox [key], 1 pool pass missing." Landlord found an undated note signed by Tenant indicating in part: "Enclosed is the check for... December. Please keep the security deposit to prepare the townhouse for its next tenants. Also enclosed are one set of keys. I will drop off the other set within the next few days." As a result of the inspection Landlord prepared and sent a statement of security deposit to Tenant at the last known address, the rental unit. The charges included rent for January 2004 of $985.00, lease break fee of $985.00, 50% charge for the kitchen floor replacement of $200.00, cost to replace the mailbox ($25.00) and pool pass ($10.00). It was noted that additional rent charges could be forthcoming if the property was not re-rented during the term of the lease. It is noted by the Court that the rent and lease break fee do not include the pet rent. At trial Landlord waived the replacement costs for the mailbox key and pool pass. Tenant took issue with several items on the remaining claims. First, Tenant sought credit for the sixty day lease termination notice from the 14 November date. Second, Tenant seeks abatement of the charge for the damaged vinyl floor that was torn as the product was cheap and easily damaged. Lastly, Tenant also seeks a credit for a $500.00 security deposit paid at lease inception towards the outstanding balance. The parties were given an opportunity to provide the Court with additional accounting detail to support these payments and credits. DISCUSSION The burden in every civil case is on a plaintiff to show that a duty has been breached by a defendant, which has resulted in measurable damages. In this action the parties' duties are set forth in the lease. Paragraph 19 of the lease provides in part: "If Tenant moves out before lease ends, Tenant will still owe until the end of the lease or until someone else rents the home (whichever comes first.) If Tenant wants to move before the lease ends, Tenant must give a sixty (60) day written notice to Landlord and pay an early lease breakage fee in the amount of $1,015.00 (985 rent + 30 pet rent) with the notice. Tenant must still pay for the utilities until a new Tenant moves into the home." Tenant's argument would have the duties to pay rent end 60 days after the notice is given. This reading is myopic when compared to the entire paragraph and the purpose of this lease language. The paragraph is clear that rent is owed until either the end of the lease term or the unit re-rented, whichever occurs first. It is implied from the facts, since there was no demand for additional rent that the property was re- rented 1 February 2004. The sixty day notice is required, but not followed in this case, in order to give Landlord an opportunity to show and re-lease the unit as quickly as possible to mitigate the damages owed. Indeed had Tenant told Landlord of the intention to vacate in early October or even late September, Landlord may have well found a new tenant for December, thereby reducing the rent owed to zero leaving only the lease break fee. It would have been incumbent on Landlord to make a good faith effort to do so or be in breach of the implied duty to mitigate damages. The damage done to the kitchen vinyl floor caused replacement as Landlord has found patching not to be a viable option. Only a portion of the replacement charge has been attributed to Tenant. Tenant argues that the low quality materials are subject to easy damage and should be denied as a claim for that reason. The law provides that we take a plaintiff as we find them, in other words an aluminum item is not treated as if it should have been titanium. The legal review is whether the repair or replacement actions were reasonable and necessary. Replacing the vinyl with ceramic tile and charging Tenant for it would not be reasonable. Landlord exchanged a floor with a finite wear life with the exact same floor, which is reasonable. Damage to the floor needs to be addressed before it becomes larger and causes more damage. This makes it necessary. A reverse accounting of the payments by Tenant shows that he has paid $4336.00 to Landlord. This can be applied as follows: rent $4060.00 (September- December), pet privilege fee $250.00 and security deposit $26.00. No additional credits are due Tenant. Judgment is in favor of Landlord in the amount of $2144.00 together with the costs of this action. The parties have previously been advised of their appeal rights and any exhibits have been returned to the presenting party. By the Court, O1-Jul-04 Date Thomas . Macey D.J. Judgment is in favor of Landlord in the amount of $2144.00 together with the costs of this action, The parties have previously been advised of their appeal rights and any exhibits have been returned to the presenting party. O1-Jul-04 Date By the?otufi, i Thomas .5lacey D.J. cs ? ; n <_Y ?--, .r T +v. c '? S rn -" -.. m c.? -: ? ?? 7-;; -e... ?_ ????f-7 :£: ? ? ,J7Z1 -? n? <<. -?, Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Kevin Ortiz 4 River Road, Apt 4G New York, NY 10044 Defendant 1. Judgment is paid in full. 2. Please satisfy this judgment. IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 04-4349 Civil Term CIVIL ACTION - LAW Praecine to Satisfy Judgment To: Court of Common Pleas Prothonotary 17117 L(21-14 6 ? Date AIA4 J-,"kj Mark X. DiSanto, A Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 CC-) r PN) ivy to 9 r' Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 04-4349 Civil Term Kevin Ortiz 4 River Road, Apt 4G CIVIL ACTION - LAW New York, NY 10044 Defendant Praecipe to Enter Appearance for Plaintiff 1. Kindly enter the appearance for Mark X. DiSanto, Attorney, PA Bar #51090. To: Court of Common Pleas Prothonotary ZA - - Date Mark X. DiSanto, PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 r.a ca r , f' ` ra c- n