Opinion
No. 1259 C.D. 2013
01-30-2014
Borough of Morrisville v. John Kliesh, Appellant
BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge HONORABLE ROBERT SIMPSON, Judge HONORABLE PATRICIA A. McCULLOUGH, Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY JUDGE SIMPSON
In this appeal, John Kliesh (Kliesh), representing himself, asks whether the Court of Common Pleas of Bucks County (trial court) erred by entering judgment in favor of the Borough of Morrisville (Borough) and against Kliesh in the amount of $3,573.79 for delinquent trash fees, penalties, court costs and interest. Kliesh asserts the judgment should be reversed due to case fixing, legal misconduct, and a disregard of Kliesh's filings, pleadings and new evidence. Discerning no error, we affirm.
The Borough provides trash collection services to its residents for a fee. Pursuant to the Morrisville Borough Ordinance (Ordinance), all owners of residential properties in the Borough must pay the annual trash collection fee regardless of how much or how little the owner avails himself of that municipal service. Section 360-39A(1) of the Ordinance. The annual fee for each residential dwelling unit is $305. Id. Additionally, the Ordinance provides that an account more than two quarters in arrears is subject to a delinquent fee of 30 percent of the amount owed. Section 360-39B of the Ordinance. The Ordinance authorizes the Borough to proceed for the collection of a delinquent account by action of assumpsit. Section 360-43 of the Ordinance.
Kliesh is the sole owner of a residential property located at 22 Delaware Avenue in Morrrisville Borough, Bucks County (property). Kliesh has not paid a trash collection fee to the Borough since March 2007. The Borough filed suit against Kliesh in the magisterial district court for unpaid trash collection fees.
In his defense, Kliesh asserted he did not pay his trash collection fees because the property is vacant, and he never used the trash collection services offered by the Borough. Additionally, Kliesh filed a counterclaim seeking damages in excess of the jurisdictional limit of the magisterial district court and a petition for change of venue. Consequently, the magisterial district court transferred the matter to the trial court.
Following a nonjury trial, the trial court entered a verdict followed by judgment against Kliesh in the amount of $3,573.79 for delinquent trash fees, penalties, courts costs, and interest at the statutory rate accruing from July 24, 2012. Tr. Ct. Hearing, Notes of Testimony, 7/1/13, at 51; Original Record, Item No. 22. Thereafter, Kliesh appealed and, at the trial court's direction, he filed a statement of errors complained of on appeal pursuant to Pa. R.A.P. 1925(b) (Statement).
The trial court then issued an opinion pursuant to Pa. R.A.P. 1925(a), in which it opined Kliesh did not preserve any issues for appeal. Specifically, the trial court stated Kliesh's seven-page 1925(b) Statement "is vague, confusing and a breach of good faith dealings with the court system." Tr. Ct., Slip Op., 9/16/13, at 1. The trial court further stated the "errors alleged in the Statement are impossible to accurately discern and identify." Id. at 4. Additionally, the trial court found the Statement is "incoherent, confusing and redundant," "virtually incomprehensible," and, at best, a "defamatory rant that accuses the trial judge and [Borough]'s counsel of case-fixing, legal misconduct, fraud and collusion." Id. at 7. For these reasons, the trial court determined Kliesh's issues on appeal should be deemed waived.
Nevertheless, the trial court attempted to "decipher" the "patchwork" of "vague and confusing" issues presented by Kliesh. Id. at 7, 9. The trial court managed to glean eight issues from Kliesh's Statement relating to discovery, fraud, Unfair Trade Practices and Consumer Protection Law, and constitutional issues. Id. at 4-5. The trial court provided a thoughtful and thorough analysis on these issues. The trial court ultimately determined Kliesh presented no legitimate issue on appeal.
Act of December 16, 1968, P.L. 1224, as amended, 73 P.S. §§201.1 - 201-9.3.
Shortly thereafter, the trial court augmented its analysis by filing a supplemental opinion to more thoroughly explain why Kliesh is required to pay his delinquent trash fees under the Ordinance. Tr. Ct., Slip Op., 9/26/13, at 1.
This matter is now before us for disposition. On appeal, Kliesh requests this Court to review this case for the following errors: case fixing, legal misconduct, and the disregard of Kliesh's filings, pleadings, and new evidence. Appellant's Br. at 25.
This Court's review is limited to determining whether the trial court's findings of fact are supported by substantial evidence, or whether the trial court abused its discretion or committed an error of law. Borough of Walnutport v. Dennis, 13 A.3d 541 (Pa. Cmwlth. 2010). --------
We read Kliesh's appeal brief and reply brief, but they were difficult to follow. Further, we reviewed the Borough's brief, and we carefully reviewed the notes of testimony of the non-jury trial, especially looking for evidence of judicial or professional misconduct. While we agree that Kliesh failed to preserve any issues, we also conclude the misconduct allegations are meritless, based on our independent review.
As to the other issues, whether preserved or not, we conclude that the very patient trial court disposed of the arguments now raised in a manner upon which we cannot improve. Therefore, we adopt the trial court's discussion, and we affirm on the thorough and thoughtful opinions of the Honorable James M. McMaster, dated September 16, 2013, and September 26, 2013. Borough of Morrisville v. Kliesh (C.P. Bucks, No. 2012-08935, filed September 16, 2013), and Borough of Morrisville v. Kliesh (C.P. Bucks, No. 2012-08935, filed September 26, 2013).
/s/_________
ROBERT SIMPSON, Judge ORDER
AND NOW, this 30th day of January, 2014, the Court of Common Pleas of Bucks County is AFFIRMED based on the opinions of the Honorable James M. McMaster in Borough of Morrisville v. Kliesh (C.P. Bucks, No. 2012-08935, filed September 16, 2013) and Borough of Morrisville v. Kliesh (C.P. Bucks, No. 2012-08935, filed September 26, 2013).
/s/_________
ROBERT SIMPSON, Judge
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