IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

BERWICK AREA LANDLORD : 4:CV-07-316

ASSOCIATION, ET AL., :

: (Judge McClure)

Plaintiffs :

:

v. :

:

BOROUGH OF BERWICK, :

:

Defendant : 

O R D E R

March 14, 2007

BACKGROUND:

A case management conference was held on March 8, 2007. Participating

in the conference, in addition to the undersigned judge, were Bethany D. Hager,

Esquire, attorney for plaintiffs, and Steven K. Ludwig, Esquire, attorney for

defendant (both by telephone), and Franklin E. Kepner, Esquire, attorney for

defendant (in person).

 The conference was scheduled regarding plaintiff's motion for preliminary

injunction and temporary restraining order, filed March 5, 2007. Counsel agreed

during the March 8, 2007 conference to schedule the preliminary injunction

hearing for April 12, 2007. 

On March 9, 2007, counsel for defendant confirmed to the court by

Case 4:07-cv-00316-JFM Document 10 Filed 03/14/07 Page 1 of 7
-2-

telephone that defendant agreed to refrain from enforcing the challenged ordinance

until the court had ruled on plaintiffs’ motion for a preliminary injunction. 

On March 14, 2007, the court was advised by counsel that the Borough of

Berwick would voluntarily refrain from enforcing the following provisions of the

Borough of Berwick’s Ordinance regulating residential rental unit occupancy and

providing for inspections and penalties for noncompliance pending a hearing on

the motion for a preliminary injunction: 

! Section 141.4(2) of the Ordinance concerning the designation

of a manager and Section 141.4(3) of the Ordinance concerning

disclosure of the manager; 

! Section 141.4(5) of the Ordinance requiring written rental

agreements;

! Section 141.4(6) requiring registration of residential rental

units; 

! Section 141.4(16) concerning renting to illegal aliens; and 

! Section 141.6 governing licensure requirements. 

Case 4:07-cv-00316-JFM Document 10 Filed 03/14/07 Page 2 of 7
-3-

NOW, THEREFORE, IT IS ORDERED THAT:

1. A hearing will be held on plaintiffs’ motion for preliminary

injunction on April 12, 2007 at 10:00 a.m. in Courtroom No. 3, Third Floor,

Federal Building, 240 West Third Street, Williamsport, Pennsylvania, continuing

on April 13, 2007, if necessary. 

2. Defendant shall have to and including April 3, 2007 within which to

file its brief in opposition to the motion for a preliminary injunction. 

3. Prior to commencement of the hearing, each party shall file proposed

findings of fact and conclusions of law. 

4. The court will allow an opportunity after the conclusion of the hearing

for the parties to file and serve supplemental proposed findings of fact and

conclusions of law, if so requested. 

5. Prior to the commencement of the hearing, counsel shall mark all

exhibits which they tend to introduce. One set of pre-marked documentary

exhibits with an exhibit list in triplicate shall be delivered to the deputy clerk

before or at the outset of the hearing. The exhibit list shall be in the form attached. 

Only exhibits so listed may be offered in evidence at the hearing, absent

compelling reasons to the contrary. LR 16.3(b). 

6. In order to preserve the status quo, the defendant Borough of Berwick

Case 4:07-cv-00316-JFM Document 10 Filed 03/14/07 Page 3 of 7
-4-

is temporarily restrained from enforcing the following specific provisions of the

Borough of Berwick’s Ordinance regulating residential rental unit occupancy and

providing for inspections and penalties for noncompliance pending a hearing on

the motion for a preliminary injunction: 

! Section 141.4(2) of the Ordinance concerning the designation

of a manager and Section 141.4(3) of the Ordinance concerning

disclosure of the manager; 

! Section 141.4(5) of the Ordinance requiring written rental

agreements;

! Section 141.4(6) requiring registration of residential rental

units; 

! Section 141.4(16) concerning renting to illegal aliens; and 

! Section 141.6 governing licensure requirements

7. Plaintiffs’ motion for a temporary restraining order is granted to the

extent of the relief provided, by agreement, in paragraph 6 of this order. 

8. The Borough’s agreement to voluntarily refrain from enforcement of

the provisions identified above is without prejudice to its claim that the subject

ordinance is valid and lawful. Plaintiffs’ agreement to the entry of this order is

without prejudice to any claim that the entire ordinance is unlawful and/or that

Case 4:07-cv-00316-JFM Document 10 Filed 03/14/07 Page 4 of 7
-5-

provisions in addition to those identified above are unlawful. 

9. The scheduling order issued February 28, 2007 by Judge Muir is

vacated, and the case management conference scheduled for April 30, 2007 is

therefore cancelled. 

 10. A telephone status conference is scheduled for Monday, March 26,

2007, at 1:30 p.m. Counsel for defendant shall initiate the call. 

 s/ James F. McClure, Jr. 

James F. McClure, Jr.

United States District Judge

Case 4:07-cv-00316-JFM Document 10 Filed 03/14/07 Page 5 of 7
CLERK’S EXHIBIT LISTING

JUDGE: James F. McClure, Jr. 

Case Name and Number: 

Name of party submitting this list: 

EXHIBIT

INITIAL & NO.

 DESCRIPTION OF OBJECT

OR ITEM

DOCUMENT

DATED

IDENTIFIED IN

COURT

D

ADM

Case 4:07-cv-00316-JFM Document 10 Filed 03/14/07 Page 6 of 7
Case 4:07-cv-00316-JFM Document 10 Filed 03/14/07 Page 7 of 7