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Home My WebLink About04-5264 09-3.04 ~. b '1- sJ..(. 'I NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'BENT CREEK LIMITED PARTNERSHIP I 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L ~ VS. COMMONWEALTH OF PENNSYL VANIA COUNTY OF: CUMBERLAND Mag. Oist. No OJ Name Hon THOM1\S A. PLACEY Add"" 104 S. SPORTING HILL RD. MECHANICSBURG, PA r"'pho", (717) 761- 8230 17050 DEFENDANT: NAME and ADDRESS 'HIRSCIi, LINDA 4092 CAISSONS COURT ENOLA, PA 17025 L I BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 Docket No.: CV.0000289.04 Date Filed: 5/18/04 ~ - J " '1 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLATN'I'TFF [i] [i] Judgment was entered for: (Name) RRJ\II11 ~'RRR1l' T.TJlTI'J1Rn 'PA'R'1'PJRR~'RTP Judgment was entered against: (Name) HTRflCH, r.TNnll in the amount of $ 1, <;A7 <;0 on: (Date of Judgment) Q/11>/04 o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) O Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ ! Amount of Judgment $ 1. 500.00 Judgment Costs $ 87.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1.587.50 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 FlUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEA,S, 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 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. \(P~Cft Date , District Justice carr ceedings containing the judgment. , District Justice My commission expires first Monday of January, 2010 SEAL AOPC 315-03 DATE PRINTED: 9/16/04 3:05:25 P!! r-> = = ..c- o C) ---; N C> , , -,~ t") "', .-1 T.", ('ni-;;:':;;: -om ~J:,I~ (::2I~} ~L-H ('.........,- :-,.-,:() ~::~!trn o ',.,d', .<-' -, t,. I I I f i I I r 0- ~'. ',,',' -'; ,,) , } ;>- ~- , , j: , r ;: 'k, r-: COMMONWEAL TH OF PENNSYLVANIA COUNTY OF: CUMBERLAND ---~-~--.._._~ .- /) II. . .-i (, 'f ..,", NOTICE OF J~GMiNT/TRANSCRIPT PLAINTIFF!JUDGME~ o~:A~E I , NAME and ADDRESS -. 'HIRSGH,' LINDA' , 4092 CAISSONS' COURT ENOLA, PA 17025 09-3-04 Mag. OIS1. No OJ Name: Hon THOMAS A. PLACEY Add"" 104 S. SPORTING HILL RD. MECHANICSBURG, PA T"';~O" (717) 761-!l2~0 17050 BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 'j THIS IS TO NOTIFY YOU THAT: Judgmen.t: , L .J VS. DEFENDANT/JUDGMENT CWIJ,\lI1DRESS 'BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L -, .J . DockeHJo.: CV-0000289-04 Date Filed: 5/26/04 CROSS COMPLAINT 001 Judgment was entered for: (Name) ." .-"paR DEFRlImAN'I' ,i [i] [i] Judgment was entered against: (Name) in the amount ~ ....; Defendants ar"--.,lciintlY and se~ally(qble. Damages will ~gssessed orC- 00 on: o o ,_ , ~ o This case disrrgsed without pr~judice. j "'d. Amount of Ju<!gment Subject to AttachmenV42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ # ~ , 'R.'JlNITI f"RRRR' T.TlI,fTIJIRn 'Pa.R~R~R'T'P HTR!l~H T.TNnA ! - ----- - fr,,,, " ^ , ~ -- I - /- I , " I , ~ -:: / [ c ::- !(Date of Judgment) q /1/i /04 .:.,..' (Date & Time) c: . Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ (If.p Attorney Fees $ .Oll Total $ .00 , Post Judgment Credits $ 0- c..... Post Judgment Costs $ , , -' ==========-=;= Certified Judgment Total $ ') ANY PAflTY HAS THE RIGHT TO APPE4L WITHIN 30 DAYS AFTER T E ENtRY OF JUDGMENT BY FUJNG A NOTICE OF APPEAL WITH THE PRO'THONOTARY/CLERK O~ 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 FURTI~ER 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. / \ (C:)lr -hi! Date I certify that this is a true a ('. I t ' t(fT'I4- Date correct co I ~~ co.mmission expires first Monday of January, ;01 Adp~5-03 DATE PRINTED: 9/16/04 ~--,._--_._-----.__..._----_._"---_..- ---- -----..,-.,.----- ,~.bl~trrct~u~ifee . <,,>. ....' '. 'Oi..~ containing,ihe jUdgment. ........... , -.-' , District Justice ;] /1, :1 ;1 ,I :1 i SEAL ,i'; 3:06:08 P!![ '''...'___.__________n _____ ______."..____ .__, n____ , - ~ i ;1\ r.o f t ,,~ ~ I':;;,';;) (~ = ~- -"l1 ~ a "..., 9 . " :T_ ~ ~ -< tn-L.: f r-- N -nrn ....... 0 ?~y ~ 0 l- ~ ..;) v ;Ti;~ -<:: " (' .. C, ::R: I <> t' (." ~ 't: f -<> -.. :J ':-0 ;,:~! , ..u I>' '" a .< "", -<: (' t ..... ~ ~ , ~ ~ )., ~ 0 r -<:. 'OJ' '. , ~ BENT CREEK LIMITED PARTNERSHIP, Landlord ~ v. LINDA HIRSCH, Tenant DISTRICT COURT 09-3-04 CV-0289-04 LINDA HIRSCH, Tenant v. BENT CREEK LIMITED PARTNERSHIP, Landlord CV-0289-04 CC001 FACTS FROM TRIAL The parties dispute arises out of the early termination of a written residential lease dated 1 July 2002. The lease is a two year agreement for the rental of a town home located in Beaumont Squ2lre, which called for monthly rent of $1000.00, a monthly pet fee of $30.00, and a security deposit of $500.00. The lease further provided for the "breaking conditions of lease" in paragraph 19 of the agreement. Tenant gave written notice of her intention of end the lease early by letter dated 24 November 2003 and surrendered the property on 31 January 2004 and has paid no further rent. The landlord filed this action to recover the two (2) months unoccupied rental period less the security deposit for a total of $1500.00. Landlord is not seeking the monthly pet fee as no pet was in the property during that time. Nor is landlord seeking the lease break fee called for in paragraph 19. Tenant filed a counter claim seeking a refund of the security deposit and withdrawal of the $1500.00 judgment. In defense Tenant sets forth that this is a second lease for the property that nullif,ied the first one year lease. A first lease was not presented at trial. The reason for this second lease is that Tenant wanted some needed renovaltions done to the property, specifically vinyl floor replacement, which Tenant indicated Landlord would not do without this second longer lease. It is noted that a review of the Landlord drafted lease does not specify the vinyl floor replacement. Tenant also avers that acknowledgement or credit has not been given for her improvements to the property, specifically $350.00 for back stairs and $175.00 for a storm door. Tenant further feels that Landlord did not adequately advertise for the re-rental as compared to Georgetown Crossings and did not include her suggestions to make the advertisements more attractive. Copies of the web based ads were presented but not the ad that prompted Tenant's rental. DISCUSSION The burden in every civil case is on a plaintiff, the moving party, to show that an owed duty has been breached and that breach has resulted in measurable damages. In this case there are two rnoving parties proffering that a duty, breach of duty and injury in fact occurred. Each will be discussed seriatim. Landlord has presented proof of the duty as set forth in the 1 July 2002 lease, which provides inter alia that "TENANT will still owe until the end of the lease or until someone else rents the home (which ever comes first)." It has further been shown that Tenant has not paid the rent for February and March 2004 and that this amount of damages is $1500.00 after the security deposit is deducted. Tenant complains that the signing of this lease was coerced based on her needing necessary repairs to be able utilize the property as she had no other options. Tenant is obviously a well educated person capable of making informed decisions as has been indicated by her ne!~otiating for the desired repairs to the property. There has been no showin9 of fraud, misrepresentation or undue influence. Tenant could have chosen not to live there without the repairs, made them herself as she did the door and stair improvements, or negotiated a later settlement date on her purchase of the new home until this property was re-rented. There was no coercion based on the evidence presented. Tenant's assertion that Landlord did not properly advertise for the re- rental is specious. First, the comparison between Beaumont Square and Georgetown Crossing is incongruous. The presented ads show the rebates, coupons and incentives from the newer Georgetown Crossings are purely promotional and have a hidden cost tacked onto the rent, which has not been hidden into the re-rental of this property. Second, Tenant's suggestions of property description is subjective C1nd has not objectively been shown to cause undue delay in re-rental. Thus, Landlord is entitled to Its damages as set forth in the agreement. Tenant's cross complaint and the evidence presented upon set forth no duty or breach of a duty based upon the contract nor upon review of case law requiring a Landlord in this situation to act in 900d faith. At best the cross complaint was a misguided assertion of a le~lal set off at worst it is a vexatious suit. In either regard the cross complaint has no merit. Judgment on the complaint is for Landlord in the amount of $1500.00 together with the costs of this action. JUdgment on the cross complaint is for Landlord with the cost of that suit on Tenant. The parties have previously been advised of their appeal rights and the originall exhibits have been returned to the presenting party. By the Court, 16 Sept 2004 Date -=:> D.J. .. Bent Creek Limited Partnership 535] Jaycee Avenue Harrisburg,PA ]7112 Plaintiff Vs Linda Hirsch 4092 Caissons Court Eno]a, PA ] 7025 Defendant ]. Judgment is paid in full. 2. Please satisfy this judgment. IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 04-5264 CIVIL ACTION - LAW Praecipe to Enter Appearance for Plaintiff To: Court of Common Pleas Prothonotary 3~Ji ~ Oh Date i2~ :) J Pietro Leone, P A Bar #85] 27 5351 Jaycee Avenue Harrisburg, PA ] 7]]2 7] 7-657-5729 () C -u r-~~ n-;p z: .~::\ \~?. ~;i: .;...~ ;'::F: z -'J -, ....., = = cro X :I> :;::; o -n -l I_ n1~ C ""Dt', -:;1(::) .::.5,L. ' -~;;. ;r:U "<~ () (sITl --1 l>> ..:cl .< 0"> ~ l'0 C) --J