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HomeMy WebLinkAbout13-06461 M OF F'tNNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of GoMb~rlan•l twc MAGISTERIAL DISTRICT JUDGE JUDGMENT ~ ~ ,/~ // COMMON PLEAS No. /3 - trj `fib C%~~L ~n~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NOTICE OF APPEAL FROM M DJ Gt t I30/ .10 i'3 I Hovs:n~ )CKET No. Ms.p~~o~- ~T- 0000013- X013 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDERS to the judgment for possession in this case. a Mt~4n l3crystresser- ~shK G• &rJs+~csser, Est. was 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE ofAPPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal ' Name of appellee(saJ (Common Pleas No. f 3 . 6C~~j )within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To _ odS. ~ t4~tk~~.1~, s Ce.M~ d erne o ap ee s (1) You are notifiedthat a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by persona{ service or by certified or registered mail. (2) !f you do nct file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if e s by mail is the date of the mailing. ~2 , d~~~n~i~'~t~~d Date: ~_ E.1.~l~1f~3 C~@~tl`1~33~Wt~~ Signature f Prothonotary or Deputy I £ ~£ Wd 9- 83.E ~iOZ _ YOU MUST INCLUDE /~ C-SQ~~1~~.~l~Q4>W~~~~F JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 ~~~ Signatur o appellant or attorney or agent Noy 3 t"t~01 del ~~ COMMONWEALTH OF PENNSYLVANIA Notice of Jud mentrrTranscri t COUNTY OF CUMBERLAND g P Residential Lease Mag. Dist. No: MDJ-09-2-02 MDJ Name: Honorable Jessica Brewbaker Address: 18 North Hanover Street, Suite 106 Business Central Building Carlisle, PA 17013 Telephone: 717-240-6564 Megan Bergstresser 1364 Grandview Ct Carlisle, PA 17013 Housing Authority of the County of Cumberland v. Megan Bergstresser Disposition Details LL. Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Disposition Summary r "" ~1<. N4 Plainfff pefe__,ndant MJ-09202-LT-0000013-2013 Housing Authority of the County Megan Bergstresser of Cumberland __ _. _ .,. .. __ ~~ w...... . Judgment Summary A_. ~ " ~~ - _._ Docket No: MJ-09202-LT-0000013-2013 Case Filed: 1/15/2013 Yes No Disposition Disposition Date Judgment for Plaintiff 01/30/2013 ray ucir~ani ~omvseveral Liability Individual Liability Amount Housing Authority of the County of Cumberland $0.00 $0.00 $0.00 Megan Bergstresser I $0.00 $608.78 $608.78 Judgment Detail ('Post Judgment) _ In the matter of Housing Authority of the County of Cumberland vs. Megan Bergstresser on 1/30/2013 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $17.00 JudamentComoonen JointlSeveral Liability Individual Lia ility Denosit_,4nnlied Amount Rent in Arrears $0.00 $412.30 $412.30 Costs $0.00 $126.48 $126.48 Attorney Fees $0.00 $70.00 $70.00 Grand Total: $608.78 Portion of judgment for physical damages arising out of residential lease: $0.00 MDJS 315A Pa e 1 of 3 9 Printed: 01 /30/2013 11:22:24AM ,~ ~< -_-°~. Housing Authority of the County of Cumberland Docket No.: MJ-09202-LT-0000013-2013 v. Megan Bergstresser IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. AN APPEAL MUST 8E FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDERS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYICLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME ANDlOk~ SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. N0. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OFw4 JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF'CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCES$;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. : ~' s; - yi: •NA'uf pis '~~ ,' a¢ Date Magisterial District Judge Jessica Brewbaker ° ~,3'" r,---~rxr-e ~ : Date mayis[enai visinCi Judge ._ _ ~'. 1 MDJS 315A Page 2 of 3 Printed: 01!30/2013 11:22:24AM o~s.~~ ~tka~.`F~ of ~{~-L Godnf ~ D~~~ vs _~1i(~. ~sse~ PRAECIPE No. '~ a13~ ~ 4 (p Civil Term In the Court of Common Pleas of Cumberland County, Pennsylvania P i GasL en+cr rnr ,~ ppaa~~~e. CQ. Pf'D^t~ CasL ~.S ~o ~Io wS ~'a ti~ G . tot No~t~ /1~azarcfih~ David D. Buell, Prothonotary N1a M S~" P~4 /806 y ~ t~ a ~o vL Eit . :.,.~ ~.:, =;` ~~ -s ~ ~ -w y ~~ ~ ~~~ ~~ ~ ~~; ~C"' "'i;1 ~ ~; ~: ~; ~ ~ T _ ~ G~ _> C°a .Q rU 20 Attorney Info: ~ 1Ge.SSQ~" Attorney for plaintiff 109 or a.n ~- /Va za~Lth Pfl- 180 ~ l~v n/r~,~ ~ 31~ ~/Ol HOUSING AUTHORITY OF THE IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff G _ --4 rn 3 V. NO. 2013 - 646 CIVIL TERM �t °c) MEGAN M. BERGSTRESSER EJECTMENT 4 �,,, 1364 Grandview Court X c) Carlisle,Pennsylvania 17013 CIVIL ACTION Defendant ANSWER NOW, comes Defendant, Megan M. Bergstresser, by and through her attorney,John G. Bergstresser, Esq., and files the following Answer to Plaintiffs Complaint: 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Denied. Section 1 of the lease provides that the term of the lease was from November 3rd, 2010 until October 31, 2011. After this Term,the lease automatically renewed for successive terms of one year, unless a notice to terminate was issued pursuant to Section 11. 7. Denied. The Lease Agreement set rent at$0 per month during the 2010-2011 term. Rent was increased to $7.00 per month during the 2011-2012 term. 8. Denied. This increase was neither communicated to defendant nor valid under the lease agreement. 9. Admitted. 10. Admitted. 11. Admitted 12. Admitted 13. Admitted 14. Admitted that this Notice was sent by Plaintiff and received by Defendant. Denied that the termination notice was valid under the Lease Agreement, as no serious or repeated violation of the material terms of the Lease had occurred. 15. Admitted. 16. Admitted that this Notice was sent by Plaintiff and received by Defendant. Denied that the Notice to Quit was valid under the Lease Agreement, as no serious or repeated violation of the material terms of the Lease had occurred. 17. Admitted. 18. Admitted that this Notice was sent by Plaintiff and received by Defendant. Denied that non-renewal was proper under the Lease Agreement as Defendant did provide the recertification paperwork. 19. Admitted. 20. Admitted that this Notice was sent by Plaintiff and received by Defendant. Denied that the Notice to Quit was valid under the Lease Agreement, as no serious or repeated violation of the material terms of the Lease had occurred. 21. Admitted that this Notice was sent by Plaintiff and received by Defendant. Denied that the Notice to Quit was valid under the Lease Agreement, as no serious or repeated violation of the material terms of the Lease had occurred. 22. Admitted 23. Admitted that the Lease Agreement contains this provision,but denied that this provision is enforceable. 24. Admitted to the extent that Defendant owes $392.30 in rent, late fees, and maintenance charges. Denied that Defendant owes any attorney's fees or court costs. 25. Admitted and denied as set forth in paragraphs one through twenty-four. 26. Admitted that this notice was sent by Plaintiff and received by Defendant. Admitted that Defendant has not vacated the premises. Denied that the Notice was valid under the Lease Agreement. Denied that Defendant's refusal to vacate was improper. 27. Admitted that this notice was sent by Plaintiff and received by Defendant. Admitted that Defendant has not vacated the premises. Denied that the Notice was valid under the Lease Agreement. Denied that Defendant's refusal to vacate was improper. 28. Denied to the extent that any breach could be considered a breach permitting termination or non-renewal under Section 12. 29. Denied. Defendant has provided recertification paperwork to Plaintiff. 30. Denied. Defendant does not have any obligation to pay legal fees to Plaintiff. 31. Denied. 32. Admitted and Denied as set forth in paragraphs one through thirty-one. 33. Admitted to the extent that Defendant owes $392.30 in rent, late fees, and maintenance charges. Denied that Defendant owes Plaintiff any attorney's fees or court costs. 34. Denied to the extent that any breach could be considered a breach permitting termination or non-renewal under Section 12. NEW MATTER DEFENSE--UNCONSCIONABILITY 35. At the time of signing,the Lease Agreement set rent at$0 per month due to the fact that Defendant was a single mom with no income and two children. 36. Defendant did not have the means to afford any other housing for herself and her children. 37. No alternative terms or provisions for a lease agreement were presented to Defendant when she signed the lease agreement. 38. The Lease Agreement between Plaintiff and Defendant is a standard form lease agreement prepared by Plaintiff. 39. The Lease Agreement is twenty-seven pages long. 40. Section 6, subsection S, of the lease agreement provides that Tenant shall have the obligation to "pay all the necessary legal fees expended by Management for enforcement of the provisions of this lease agreement." 41. This fee shifting provision was not discussed by Plaintiff and Defendant at the time of signing. 42. Defendant does not have any legal training or expertise. 43. This provision does not permit Defendant to recover legal fees from Plaintiff if Defendant is forced to expend money to enforce the lease agreement. 44. This provision permits Plaintiff to recover legal fees from Defendant regardless of whether Plaintiff is successful any action taken to enforce the lease agreement. WHEREFORE, Defendant requests that the Court find this provision to be unconscionable, and therefore unenforceable by Plaintiff. Respectfully Submitted John G. Bergstresser, Esquire I.D. #314901 109 North Main Street Nazareth, PA 18064 (484) 695-1945 VERIFICATION The statements in the foregoing Answer are based upon information which has been assembled by my attorney in this litigiation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel,they are true and correct to the best of my knowledge,information,and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATE:— 44egoa*n Befg&eAer CERTIFICATE OF SERVICE I hereby certify that on March Al,2013,1,John G. Bergstresser, Esq., did serve a copy of the Answer,by first class U.S.mail,postage prepaid,to the party listed below, as follows: Baric Scherer LLC 19 West South Street Carlisle,Pennsylvania 17013 ATTN: Tricia D.Naylor, Esquire John G. Berg*`iiresser, Esq. HOUSING AUTHORITY OF THE IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. NO. 2013- 646 CIVIL TERM MEGAN M. BERGSTRESSER EJECTMENT C.10 1364 Grandview Court Carlisle, Pennsylvania 17013 CIVIL ACTION cn i -,u CO C) Defendant (7D C---� CD PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER co NOW, comes Plaintiff,Housing Authority of the County of Cumberland("Authority"), by and through its attorneys, BARIC SCHERER LLC,and files the within Reply and, in support thereof, sets forth the following: 35, Denied. By way of further answer, during the initial lease term Defendant's rent was set at$0.00 per month due to Defendant's assets,household income,utility allowance, and allowable deductions, including but not limited to,the number of dependants. 36. After reasonable investigation,Authority is without knowledge or information sufficient to form a belief as to the truth of these averments and they are,therefore, denied. 37. Denied. By way of further answer, Defendant was given an opportunity to review all lease provisions prior to signing the Lease Agreement and was provided with a copy of the Lease Agreement. 38. Admitted. By way of further answer, certain lease terms and conditions, including but not limited to, rental amounts and rental period beginning and ending dates vary from lease to lease. 39. Denied. By way of further answer,the Lease Agreement, including Lease Addendum, is twenty-eight(28)pages in length. 40. Admitted. 41. Denied. By way of further answer, Defendant had the opportunity to review all lease provisions prior to signing the Lease Agreement and the Obligations of Tenant under Section 6 of the Lease Agreement were specifically reviewed with Defendant at the time of signing the Lease Agreement. 42. After reasonable investigation,Authority is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore, denied. 43. Admitted. 44. Admitted. WHEREFORE, Plaintiff respectfully request that this Court enter judgment in favor of Plaintiff and against Defendant as prayed for in Plaintiff s Complaint. Respectfully submitted, BARIC SCHERER LLC 4DTri . Naylor squire I.D. # 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION The statements in the foregoing Reply are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsifications to authorities. DATE: ( � IQb'ZW4.'V7-'e Mitzi Vale ne, roperty Manager for 1 Housing Authority of the County of Cumberland w CERTIFICATE OF SERVICE I hereby certify that on April 0 , 2013, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve a copy of the Reply, by first class U.S. mail,postage prepaid, to the party listed below, as follows: John G. Bergstresser, Esquire 109 North Main Street Nazareth, Pennsylvania 18064 *Tricia . or, uire s o HOUSING AUTHORITY OF THE IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2013 - 646 CIVIL TERM MEGAN M. BERGSTRESSER EJECTMENT ZZ - + M *b. :r 1364 Grandview Court zcr"' r � Carlisle, Pennsylvania 17013 CIVIL ACTION c s' Defendant o STIPULATED JUDGMENT IT IS HEREBY stipulated and agreed by and between the parties hereto, by their respective attorneys, that judgment be entered on the ejectment cause of action in favor of Plaintiff, Housing Authority of the County of Cumberland and against Defendant, Megan Bergstresser, and on the breach of contract cause of action in favor of Plaintiff, Housing Authority of the County of Cumberland and against Defendant, Megan Bergstresser in the amount of$608.00. Dated: 1 Dated: /Q f i3 By:����. Tricia D. Naylor, Esq. John G. Bergstresser, Esq. 19 West South Street 109 North Main Street Carlisle,Pennsylvania 17013 Nazareth, PA 18064 Telephone: (717) 249-6873 Telephone: (484) 695-1945 Attorney for Plaintiff Attorney for Defendant 1631 �I0�1Le 64a.l�e� 1 HOUSING AUTHORITY OF THE IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2013- 646 CIVIL TERM MEGAN M. BERGSTRESSER NOTICE OF JUDGMENT 1364 Grandview Court Carlisle, Pennsylvania 17013 CIVIL ACTION Defendant NOTICE OF JUDGMENT PERSUANT TO Pa.R.C.P. 236 TO: Megan M. Bergstresser and John G. Bergstresser, Esq. Notice is hereby given to you of entry of a judgment against you in the above matter. low w Prothonotary Date: �` 13