Oct 23, 2026
Answer Case No.: 2026SC001405
STATE OF WISCONSIN
CIRCUIT COURT – LA CROSSE COUNTY
Kingsfield MHC LLC,
Plaintiff,
v.
Kelly A. Fischer and Michael A. Sheridan,
Defendants.
Case No.: 2026SC001405
Class Code: Small Claims, Eviction (31004)
ANSWER, AFFIRMATIVE DEFENSES, COUNTERCLAIMS, DEMAND FOR JURY TRIAL, DISCOVERY DEMAND, AND SETTLEMENT COMMUNICATION
TO THE PLAINTIFF AND ITS ATTORNEY:
Defendant Kelly A. Fischer, appearing Pro Se, answers the Complaint filed by Kingsfield MHC LLC as follows:
I. GENERAL DENIAL
Defendants deny each and every allegation in the Plaintiff's Complaint. Defendants specifically deny that they have failed to pay rent, deny that they have failed to sign a valid lease, and deny that the Plaintiff is entitled to eviction or possession of the premises located at 96 Sheffield Drive, Holmen, WI 54636. Because the Complaint is not numbered, Defendants respond to each factual assertion in the order presented and deny each specific factual assertion regarding non-payment and failure to sign a compliant lease.
II. AFFIRMATIVE DEFENSES
1. Failure to State a Claim / Void Lease
The lease offered to Defendants is void and unenforceable under Wis. Admin. Code § ATCP 134.08(6) because it relieves the landlord of liability for their own negligence (Section 16). Under Wisconsin Supreme Court precedent (Baierl v. McTaggart), a landlord cannot enforce a lease containing a prohibited provision. Defendants cannot be evicted for failing to sign an illegal contract.
2. Payment and Misapplication of Funds (The Courtyard MHC Endorsement)
Defendants tendered payment in full and in the manner directed by Plaintiff's agents. Bank records show that checks payable to Maplewood Communities LLC were endorsed and deposited by a different corporate entity: Courtyard MHC LLC. Defendants fulfilled their obligation to pay. Any misapplication of funds is Plaintiff's responsibility under Wis. Stat. § 704.07 and general agency principles. Plaintiff cannot claim non-payment while cashing checks through an unauthorized entity.
3. Improper Service and Notice Defects
The Five-Day Notice to Cure or Vacate dated October 7, 2026, is defective. The Plaintiff and its agents have a documented history of hand-delivering notices to the physical lot (96 Sheffield Drive) by leaving them on the doorstep or taped to the door, or mailing to a postal box address never registered in our names; while knowing Defendants' legal mailing address is 223 8th Ave N, La Crosse, WI 54601. Under Wis. Stat. § 704.21, service must be reasonably calculated to reach the tenant. Defendants were prejudiced by defective notice because they were deprived of the opportunity to cure within the statutory period.
4. Failure to Provide a Compliant Lease / AppFolio Approval
Under Wis. Stat. § 710.15(5m), a resident cannot be terminated for refusing to sign a lease if a compliant lease was never offered. The AppFolio approval email of June 23, 2026, proves no lease was offered at approval. The subsequent leases offered were legally defective.
5. Unlawful Fees and Unauthorized Rent Increase
The $811.48 claimed includes unlawful charges. Under ATCP 125.03(4), rent cannot be increased during the lease term. Plaintiff charged $600 for October instead of the agreed-upon $550. Plaintiff also added illegal month-to-month fees ($35 and $25) despite Defendants' right to a one-year lease under Wis. Stat. § 710.15(1m).
6. Lack of Standing / Improper Plaintiff
Plaintiff Kingsfield MHC LLC lists a P.O. Box in Cos Cob, CT, as its address. Under ATCP 125.03(3), the operator must disclose the true owner and authorized agent. Defendants demand strict proof that Kingsfield MHC LLC is the legally recognized owner/operator with standing to bring this eviction, especially given the presence of Courtyard MHC LLC and Maplewood Communities LLC in the payment records. Plaintiff's own filings and DFI records show two different addresses (P.O. Box in Cos Cob, CT, and 7050 W Palmetto Park Rd, Boca Raton, FL), and payments were routed through two different LLCs, raising a genuine question of which entity actually owns the debt and has standing to bring this action.
III. COUNTERCLAIMS
Defendants assert the following counterclaims against Plaintiff:
1. Violation of Wis. Stat. § 100.20(5) (Unfair Trade Practices): Plaintiff has engaged in unfair trade practices by demanding illegal fees, failing to provide required disclosures, and attempting to enforce a void lease, in violation of Wis. Admin. Code §§ ATCP 134.08(6), 125.03(4), and 125.03(3). Defendants seek actual damages, double damages, and attorney fees.
2. Declaratory Judgment: Defendants seek a court order declaring the lease provided on September 25, 2026, void and unenforceable, and ordering Plaintiff to provide a legally compliant lease pursuant to ATCP 125.
IV. DEMAND FOR JURY TRIAL
Pursuant to Wis. Stat. § 799.21(3), Defendants hereby demand a trial by a jury of six (6) persons on all issues so triable in this eviction action. Defendants submit the required jury fee with this filing or have filed a Petition for Waiver of Fees and Costs (CV-410A).
V. DISCOVERY AND PRODUCTION OF DOCUMENTS
Pursuant to Wis. Stat. § 804.09 and § 805.07, Defendants demand that Plaintiff, and specifically its agent Patience Nicole Renning, produce the following documents and information for inspection and copying prior to trial, and appear in court each day of the trial. These documents are directly relevant to the defenses and counterclaims raised in this action:
1. The Second Lease Copy (Mailed to 96 Sheffield Drive): Defendants demand the production of the exact copy of the lease that Patience Renning claims she mailed to 96 Sheffield Drive. This is the copy that contains the record of the second USPS redelivery request. Defendants demand the original envelope, the original lease document, and any postal receipts or tracking numbers associated with this mailing.
2. The Two (2) USPS Redelivery Confirmation Emails: Defendants demand the production of all internal communications, emails, or records related to the two (2) USPS mail redelivery confirmation emails received by Defendant (Confirmation #: WER305642781 and any subsequent confirmation). These emails prove that someone used Defendant’s personal identifying information to request redelivery of mail to 96 Sheffield Drive without her consent.
3. Patience Renning's Communications: Defendants demand the production of all text messages, emails, handwritten notes, and internal communications from Patience Renning regarding the delivery of the lease, the mailbox keys, and the USPS redelivery requests.
4. Envelopes from Patience Renning: Defendants demand the production of the original envelopes or photographs of the envelopes used by Patience Renning to hand-deliver notices to 96 Sheffield Drive, specifically any envelope bearing the handwritten text "2nd copy given (mailed to 96 Sheffield Drive, Holmen Wisconsin 54636 7-9-2026)".
5. Letter from Justin Miller (July 21, 2026): Defendants demand the production of the complete email thread and internal communications from Justin Miller (District Manager, Maplewood Communities) dated July 21, 2026, acknowledging that the management company had no mail delivery capability at 96 Sheffield Drive because they did not possess keys to the mailbox.
6. Proof of Ownership and Authority: Defendants demand the production of the recorded deed, property title, and any management agreements proving that Kingsfield MHC LLC (P.O. Box 165, Cos Cob, CT) is the legal owner/operator with standing to bring this eviction, and proof of authority for Courtyard MHC LLC and Maplewood Communities LLC and Homepoint Communities to collect rent.
7. The Full Account Ledger: A complete unredacted ledger of all charges, payments, and credits applied to the account for 96 Sheffield Drive from June 1, 2026 to present, including the identity of the entity that received each payment, and proof of any third-party authorizations for the sharing of the Defendant's personal identifying information.
If Plaintiff or its agent Patience Renning fails to produce these documents prior to trial, Defendants will move the Court to exclude any related evidence, for sanctions as permitted under Wis. Stat. § 804.12, and will request that the Court refer the matter of potential federal identity theft (18 U.S.C. § 1028) to the appropriate federal authorities.
VI. SETTLEMENT COMMUNICATION — NOT ADMISSIBLE UNDER WIS. STAT. § 904.08
1. The Resident's Investment: Defendant Kelly A. Fischer owns the 1980 Rollahome manufactured home located at 96 Sheffield Drive outright. The home has been extensively renovated, weatherized, and insulated.
2. Active Market Listing: The home, along with its contents, has been actively listed for sale on Facebook Marketplace and other platforms since June 2026 for the sum of $35,000.00.
3. Interference with Sale and Hostility: The Plaintiff’s pattern of hostile conduct—including serving defective Five-Day Notices, threatening eviction, and failing to provide a legally compliant lease—has created an untenable living environment. This hostility has directly interfered with the Defendant's ability to peacefully market and sell the home to a third-party buyer.
4. Counterclaim for Unjust Enrichment: If the Plaintiff succeeds in terminating the tenancy and forcing the Defendants to vacate, the Plaintiff will take possession of a lot that has been improved and maintained by the Defendants, while the Defendants are left with a home they must immediately move at great expense.
5. Settlement Offer: To resolve this matter amicably and avoid further litigation, Defendants offer to vacate the premises at 96 Sheffield Drive and transfer the home and contents to the Plaintiff for a total cash sum of $35,000.00, which represents the home's documented market listing value, in full satisfaction of all claims.
6. Conditions: If the Plaintiff agrees to this settlement, the Defendants will sign a mutual release, dismiss the eviction action, and vacate the premises by a mutually agreed-upon date. If the Plaintiff rejects this offer, Defendants will proceed to trial on all Affirmative Defenses, Discovery Demands, and Counterclaims.
VII. PRAYER FOR RELIEF
WHEREFORE, Defendants respectfully request that the Court:
1. Dismiss the eviction complaint with prejudice.
2. Order Plaintiff to produce the requested Discovery documents.
3. Order Plaintiff to accept lawful rent ($550 + $7.87 permit fee) and provide a legally compliant lease.
4. Award Defendants double damages under Wis. Stat. § 100.20(5).
5. Award Defendants their costs and disbursements.
6. Grant such other relief as the Court deems just.
Dated this 23rd day of October, 2026.
Respectfully Submitted,
_________________________________
Kelly A. Fischer (Pro Se)
Legal Mailing Address:
223 8th Ave N
La Crosse, WI 54601
(608) 397-1634
melinartzistudiomusic@outlook.com
_________________________________
Michael A. Sheridan (Co-Defendant)
96 Sheffield Drive
Holmen, WI 54636
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Answer, Affirmative Defenses, Counterclaims, Demand for Jury Trial, Discovery Demand, and Settlement Communication was served upon the Plaintiff's attorney, Roger Sage, by regular U.S. Mail at 122 W. Washington Ave., Suite 750, Madison, WI 53703, and that the original was filed with the La Crosse County Clerk of Courts on this date.
Dated: October 23, 2026.
_________________________________
Kelly A. Fischer
