Civil Summons Housing Dispute

Summary

The user is facing a civil summons over housing rights in Burke County, North Carolina. The plaintiff alleges that the property is in disrepair and has high traffic, which the user disputes. The user has evidence such as photos, videos, and receipts to counter these allegations. The user is seeking legal advice to respond to the summons. The user also claims harassment from the plaintiff and has evidence to support this claim. The users mothers living rights are still active and the user is trying to prevent their termination.

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Civil summons over housing
What is the nature of the dispute mentioned in the civil summons?
My mom's living rights "wasted"
Could you please clarify what you mean by your mom's living rights being "wasted"?
My mom has living rights and they are trying to have them terminated
What is the location of the property in question? This will help me provide you with the most accurate information.
Burke County NC
What is the reason given for the termination of your mom's living rights?
Alot of false allegations saying the home needs to be condemned
What evidence has been presented to support these allegations? In North Carolina, a property can be condemned if it's deemed unfit for habitation due to disrepair, health hazards, or safety risks.
None
What steps have you taken so far in response to the civil summons?
Just got it
What is the deadline mentioned in the summons for you to respond?
30 days
What is the date you received the summons? In North Carolina, you typically have 30 days from the date of service to respond to a civil summons.
Aug 22nd *
What is the condition of the property? In North Carolina, a property can be condemned if it's deemed unfit for habitation due to disrepair, health hazards, or safety risks.
For a * manufactured home with no remodeling I'd say pretty good
What specific allegations have been made about the condition of the property?
Many but just a few; ceiling leaking, danger of failing in, rain buckets throughout home, floor rotted out, outlets smoking, covered in black mold, ready infested n list goes on.
Have you considered hiring a professional to assess the condition of the property and provide a report? This could be used as evidence to counter the allegations.
We are on very limited funds, searching for legal help is a far as i made it so far
Have you looked into free or low-cost legal aid services in Burke County, NC? They might be able to assist you with your case.
That's what I put in the Google search bar when your services popped up
Have you taken any photos or videos of the property to document its current condition? This could serve as evidence to counter the allegations.
Yes as well as we have receipts for what repairs have been done
What is the name of the court where the case is filed? This will help me provide you with the contact details of the court.
Burke County Courthouse in Morganton, NC
What is the case number mentioned in the summons?

Burke County Courthouse's contact details:
Address: * E Union St, Morganton, NC *
Phone: (*) *-*
For the file no. 23CVD1017
What is the name of the plaintiff in the case?
Ira and Sandra Propst
What is your relationship with the plaintiff, Ira and Sandra Propst?
Ira is a cousin as well as a neighbor
What actions have Ira and Sandra Propst taken that led to the issuance of the civil summons?
They tried to do an eviction through their lawyer. Plus Burke County police officers have been called out multiple times, mainly by me
What is the reason for the multiple police calls?
Sandra calls saying we've got drug deals going on and stolen property in the barn. My calls have been based on harassment from Sandra
What evidence do you have to support your claims of harassment from Sandra?
The multiple calls, she's hollered at guests to leave our the law will be called, and she has stopped vehicles on the dirt road telling them if they come back they will be arrested
What actions have you taken to address the harassment from Sandra?
None actually other than calling *. I thought I would make things worse by going further
What evidence do you have to refute the allegations made about the condition of your property?
Pictures, receipts of repairs, and the Burke County officers. * of the allegations is that BC came out to search and found baggies with what was to be known as illegal controlled substance
What was the outcome of the search conducted by Burke County officers?
All * left and said it was clear
What steps are you planning to take next in response to the civil summons?
I wanna prove she's lying for whatever reason just because they don't wanna wait for the property
What evidence do you have to prove that the allegations made by the plaintiff are false?
If the * call and the * officers that responded were subpoenaed they could rebuke those claims. Plus the pictures, video, receipts, and statements from long time friends stating they're the ones who come by to give us rides, brings us groceries, or medicine. They are also willing to state the condition of the awning posts have been they way they are now for many many years
What is the condition of the awning posts that your friends are willing to testify about?
Most have dents from a car door, a side mirror, or from me driving a riding man mower for the first time at * yrs old
What steps have you taken to address the allegations about the condition of the property? In North Carolina, it's important to address such allegations promptly to avoid potential legal consequences.
Other than documenting the home i for online to search for legal help
What is the current status of your mother's living rights?
I don't understand
Are your mother's living rights currently active or have they been terminated?
Oh, they are still active
What steps have been taken by the plaintiff to terminate your mother's living rights?
This civil summons
What is the specific legal basis or grounds mentioned in the summons for the termination of your mother's living rights?
Said the home has dissipated beyond perishable and is Inhibitable
What steps have you taken to address the claims that the home is uninhabitable?
Other than living in it I have been documenting the home in its Entirety
What kind of documentation have you been doing? Photos, videos, or written records could be useful in your case.
Pictures and video from my android phone, original receipts of past repairs. Mom also has pictures n screenshots of their conversations in the past
What is the content of the conversations your mom has screenshots of? This could potentially be used as evidence in your case.
My Mom had no clue what her rights were as living rights, neither did I. They were close family so we trusted their word. Until they said I could not be here but days n times they listed. Yet they were having me pay them daily $* rent that was suppose to have been split with my mom. There's a whole lot of shady in what they are doing. My mom was fresh off the physcatric floor from her 7th suicide attempt when they suckered my mom outta this property.
What evidence do you have to prove that you were asked to pay rent and that it was supposed to be split with your mom?
The screenshots
What is the exact wording of the living rights agreement your mother has with Ira and Sandra Propst?
She maintains the home they maintain the yard
What evidence do you have to prove that your mother has been maintaining the home as per the agreement?
Well they didn't see the inside of the home before buying so they have no idea what it looked like. Repairs to the things we have been able to repair with receipts. Again for a * double wide home with nothing remolded the BC officers even said it looked damn good in here to be that old
What steps have you taken to address the allegations about the condition of the property?
Why am I being asked the same question over n over numerous times
Apologies for the repetition. To clarify, have you sought any professional legal advice regarding this civil summons?
I thought I was with you
What is the name of the lawyer representing Ira and Sandra Propst in this case?
Keith Rigsby
What is the contact information for Keith Rigsby, the lawyer representing Ira and Sandra Propst?
(*)*-*
What actions has Keith Rigsby taken in this case so far?
Back in May my mom was sent a certified letter stating the same allegations and that we had to June * to vacate the property or legal eviction would be next. 2 months later and this is where we are
What was your response to the certified letter sent in May?
A legal aid advisor for seniors told her she didn't need to do anything till legal action was taken. She did also advise her to stay getting her evidence prepared and if they came down the hill fussing n carrying on to ignore it and record it
What evidence have you gathered so far in preparation for the legal action?
Just proof of the home not being in the shape they are claiming
What specific proof do you have that the home is not in the condition they are claiming?
Pictures, videos, statements, and screenshots
What is the nature of the statements you have gathered? Are they from professionals who can attest to the condition of the property?
They are by me and my mother. The statements are about the awning posts and as to who/ why of our traffic
What is the nature of the traffic that your statements are addressing?
They are saying we have an unusual amount of traffic, that we don't. There's maybe * or * cars a week. We have no vehicle so we have to get groceries, medicine, and necessities some how. Plus having visitors isn't illegal to have
What evidence do you have to support your claim about the amount of traffic coming to your property?
The people who come here
Can you provide the names and contact information of the people who visit your property? This could be useful in refuting the allegations about unusual traffic.
I can
What is the frequency of these visits and the purpose of each visit?
Some weeks it maybe *-* vehicles throughout the whole week. Others there may not be any vehicles at all. They bring groceries, pick me up, drop me off, bring by prescriptions, or cigarettes. Some just visit. There's never been a high amount of traffic here. The other neighbors get more traffic in a day than we do a week
What evidence do you have to refute the allegations of high traffic and illegal activities at your property?