Commons v. Bryant, Civil Action No. JP16-09-005876 (Del.Gen.Sess. 10/20/2009), Civil Action No: JP16-09-005876.

• Decision Date: 20 October 2009
• Docket Number: Civil Action No: JP16-09-005876.
• Parties: BRIGHTWAY COMMONS v. LICTORIA BRYANT
• Court: Court of General Sessions of Delaware

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BRIGHTWAY COMMONS v. LICTORIA BRYANT

Civil Action No: JP16-09-005876.

Justice of the Peace Court No. 16 of the Delaware, Kent County.

October 20, 2009.

K'Keenya Woods, C/O Brightway Commons Apts, Milford DE.

NOTICE OF COURT ACTION

The Court has conducted a trial de novo pursuant to 25 Del. C. §5717(a) on Civil Action JP16-09-005876. The three judge panel was composed of Judge Arndt, Judge Murray, and Judge Wall. The Plaintiff is seeking possession and debt for a period that is alleged that the Defendant underreported her income. The Defendant's income determines the amount of rent based on the HUD formula. It was not disputed that there was a deficiency based on under reporting of income. It was undisputed that the Defendant received workman's compensation in the amount of $190.00 per week. Further it is undisputed that the Defendant paid $200.00 against the original charge. The payment was made by a third party. The remainder of the debt is $702.00.

There are flaws in the case for possession. The notice sent to the defendant is fatally flawed. It omitted the amount of debt. Also there was no evidence or testimony with the notice requirements at 25 Del C. §5113. There was no evidence that the Plaintiff had complied with the HUD requirements dealing with deficiencies and defaults of the lease.

Finally, by the Plaintiffs own admission this action was filed at least twice previously and voluntarily dismissed by the Plaintiff. Pursuant to Justice of the Peace Civil Rule 41(a), the Plaintiff is barred as res judicata from pursuing this case.

This civil action JP16-09-005876 is dismissed with prejudice. The panel is unanimous in its verdict and announced its verdict and rationale in open court.