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Home My WebLink About12-1005-':. =.:r -. , .... ....,...gym t,?..,,., ...?.a•.?°., ...... .. .. ,m.,e .. $ . COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Thomas A. Placey Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Kingswood Homeowners Assn. 301 Market Street Lemoyne, PA 17043 Disposition Summary Kingswood Homeowners Assn. V. Patrick Sullivan Docket No: MJ-09304-CV-0000466-2011 Case Filed: 9/16/2011 Docket N Plaintiff Defendant Disoosition Disposition Date MJ-09304-CV-0000466-2011 Kingswood Homeowners Assn. Patrick Sullivan Judgment for Plaintiff 12/29/201' Judgment Summary Participant Joint /Several Liability Individual Liability Amount Kingswood Homeowners Assn. $0.00 $0.00 $0.00 Patrick Sullivan $0.00 $651.50 $651.50 Judgment Detail ('Post Judgment) In the matter of Kingswood Homeowners Assn. vs. Patrick Sullivan on 12/29/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judament Component Joint /Several Liability Individual Liability Deoosit Applied Amount Civil Judgment $0.00 $575.00 $575.00 Filing Fees $0.00 $70.50 $ .50 Costs $0.00 $6.00 $6.00 Grand Total: $651.50 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 COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT 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. rt'Q; IN Da Magisterial District Judge Thomas A. Placey° certify that this is a true an correct copy o t e recor o the proceedings containing t .Ino a41a; Magisterial District Ju T mas A. Placey MDJS 315 Page 1 of 2 Printed: 12/29/2011 1:30:02PM -7777-77-77- Kingswood Homeowners Assn. V. Patrick Sullivan Plaintiff(s) Kingswood Homeowners Assn. 301 Market Street Lemoyne, PA 17043 Defendant(s) Patrick Sullivan 3826 Pamay Drive Mechicsburg, PA 17050 Complainant's Attorney(s) Edmund G. Myers, Esq. Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 .r, *A+ -0 Participant List Docket No.: MJ-09304-CV-0000466-2011 I I MDJS 315 Page 2 of 2 Printed: 12/29/2011 1:30:02PM A 48 2042 FE6 1 6 CUMRER?ARU ??UN??F pR?RSYL`?pti1 A Ck-N3ar9 4'f V*t a?nva m4t6 KINGSWOOD HOMEOWNERS ASSN, Plaintiff V. PATRICK SULLIVAN, Defendant District Court 09-3-04 CV-0466-2011 SUMMARY OF FACTS Homeowners' association (Plaintiff) brought action against homeowner (Defendant), to collect assessment delinquencies and costs of collection. The County tax records show that Defendant purchased the property on 10 September 2010. Plaintiff provided documentation that the property was subject to covenants as recorded in Deed Book 356 at Page 1095. Pursuant to these covenants Plaintiff's treasurer testified that the 2011 $50.00 initiation fee with the $110.00 annual assessment was sent to the property owner in late 2010 with follow up communication in 2011 before getting legal counsel involved. The treasurer indicates that he has paid, pursuant to Plaintiff's authorization, $275.00 in initial legal fees and somewhere between $300.00 to $400.00 subsequent legal fees since the filing of this collection action. Defendant indicates that upon contact by the attorney and review of the covenants supplied by counsel that $160.00 was paid to Plaintiff. The timing of this payment was received three days after the complaint was filed. A subsequent attempt by Plaintiff to withdraw the filed and processed complaint for a refund was futile in the MDJS computer system. Defendant does not acknowledge receiving any information from the treasurer or information at property sale settlement of the association covenants. Defendant asks that the matter be settled for the costs of the action without attorney fees. DISCUSSION The burden in every civil case is on a plaintiff to show that a defendant has breached an owed duty, which has resulted in measurable but mitigated damages. In American jurisprudence parties to litigation are responsible for their own counsel fees and costs unless otherwise provided by statutory authority, agreement of parties, or some other recognized exception. Plaintiff asserts that the terms of the covenants are controlling agreement for all homeowners who purchase within this duly recorded planned development area. In review of the provided documents, the covenants clearly make the defaulting homeowner liable for assessments plus the cost of collection for the amount in default. The covenants authorize the Plaintiff to institute suit to collect delinquent assessments. Plaintiff is a corporation and when these covenants were adopted corporations could only appear and be represented in Pennsylvania courts by an attorney, it is logical that attorneys' fees would be the primary costs of collection if it became necessary to institute suit. If the covenants had not intended to include counsel fees, the burden of the costs of collection would have fallen on the other homeowners. The nature of the covenants and the fact that this is a contract between homeowners and their nonprofit Homeowners Association it is reasonable to conclude that the parties intended the costs of collection to include reasonable attorneys' fees. "The reasonableness of an award of attorney fees, of course, is a matter which rests within the sound discretion of the trial judge." Shearer v. Moore, 419 A.2d 665, 669 (Pa. Super. 1980) (citations omitted). Reasonableness does not require invoices or paid receipts as proof of the actual amount, but it would not have hurt. The testimony of the treasurer together with a description of what was done for the legal services, initially at $275.00 before this action and the lower $300.00 post filing, is equitable. Therefore, the mitigated value shall be awarded pursuant to an application of the covenants. Judgment is in favor of Plaintiff in the amount of $575.00 together with the costs of this action. The parties have previously been advised of their appeal rights and the original exhibits have been returned to the presenting parry. By the Court, 29 December 2011 Thomas lacey M.D.J.