HomeMy WebLinkAbout98-06320
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NAM S, LEE and
MIN J. LEE, his wife,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 98-6320 CIVIL TERM
CIVIL ACTION - LAW
Plaintiffs
v,
KAUKAB I. BUTT and
DILSHAD BUTT,
Defendant
NOTICE OF RESCHEDULED ARBITRA TORS' HEARING
TO: John H. Broujos, Esquire
Broujos & Gilroy, P.C.
4 North Hanover Street
Carlisle, PA 17013
Taylor p, Andrews, Esquire
Andrews & Johnson
78 West Pomfret Street
Carlisle, PA 17013
AND NOW, this 27'" day of July, 2000, you are hereby notified that the Arbitrators appointed in the
above-captioned action will hold a hearing for the purpose of their appointment as follows:
Date:
Thursday, September 14, 2000
Time:
10:00 a,m,
Location:
Old Cumberland County Courthouse, 2"' Floor Hearing Room,
Carlisle, Pennsylvania
CAVEATS:
1. THOSE PARTIES WISHING TO INTRODUCE VIDEOTAPE EVIDENCE WILL BE EXPECTED TO HAVE THE
NECESSARY EQUIPMENT TO DISPLAY THE VIDEOTAPE PRESENT AT THE ARBITRATION LOCATION.
2. IN THE EVENT THAT DEPOSITION TRANSCRIPTS ARE TO BE USED AS EVIDENCE, TRANSCRIPTS SHOULD
BE PROVIDED TO EACH ARBITRATOR AT LEAST ONE WEEK PRIOR TO THE HEARING.
3, PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF STATUTES,
CASES, ETC" WITH RELEVANT PORTIONS HIGHLIGHTED FOR~H ARBI WlTOR AND OPPOSING
COUNSEL AT THE COMMENCEMENT OF THE ING. ,/ I
Davi . D ce, squire, Chairman
Mark K. Emery, Esquire, Arbitrator
George F. Douglas, III, Esquire, Arbitrator
kkm:133191
c: Mark K. Emery, Esquire
George F. Douglas, III, Esquire
Cumberland County Court Administrator
Bulletin Board, Prothonotary's Office
NAM S. LEE and
MIN J. LEE, his wife.
Plaintiffs
IN TilE COURT OF COMMON I'LEAS OF
ClJl\lBt:RLAND COUNTY. PENNSYLVANIA
Nil, 9K-(,nO Ch'U Term
vs.
CIVIL ACTION - LAW
KAUKAB I. BUTT and
DlLSHAD BUTT,
Defendants
PLAINTIFFS' IIEARING MEMORANDUM
This memo is on the issue of damagcs available to a non-breaching landlord where the
tenant abandons the lease. In modcm landlord-tenant law, leases have the aspects of a
conveyance of protccted property interests and of a contract.
Under principles of contract law, a non-brcaching party to a contract has the duty to
mitigate damages. This principle was thought to prevent unfair results, waste, the imposition of
penalties, and fostering bad public policy. Ifthc contract principle of mitigating damages is
applied in the currcnt situation, a non-brcaching landlord would have to seek a substitute tenant
and seek the differencc, if any, from the breaching tenant. Here, Plaintiffs immediately retained
a broker and a second brokcr to scll or lease the property to mitigate damages.
Property law principles, however, state the lease is a conveyance of a possessory interest
in land conveyed. Because the leasc was a conveyance of real property, the tenant owned a non-
freehold estate, and the landlord had no duty to mitigate damages arising from the tenant's
breach of the lease. This is the case despite the principles of contract law that the non-breaching
party to a contract has the duty to mitigate his damages. Restatement of Contracts 2d, ~ 350.
In the case of Stone hedge Square Limited Partnership v. Movie Merchants, Inc.,
(Cumberland County case) the Pennsylvania Supreme Court held that a non-breaching landlord
does not have to mitigate damages where the tenant has abandoned the property. Stonehedge v.
Movie Merchants, 715 A2d 1082 (1998). In Stonehedge, the plaintiff and the defendant's
predecessor in interest entered into a five-ycar contract that began on July 6, 1990 and ended on
July 6, 1995. On July 31, 1992, defendant's predecessor assigned its rights, duties, and liabilities
to defendant. On October 27, 1994, defcndant vacated the leasehold and failed to pay any rent
thereafter.
The Court in Stonehedge relied on the Pennsylvania Supreme Court case of Auer v. Penn
where the Court held that the landlord may allow the property to stand idle, and hold the tenant
for the entire rent, or he may lease it and hold the tenant for the difference, if any. Auer v. Penn,
99 Pa. 370, 375-76 (1882).
In Slonehedge. the Court gave live reasons as to why it rea~hed its decision:
I, ^ lenantli>r years cannot relieve himself frum his liahility under his COVCflantto
pay relit hy vacating the prcmises and sending thc keys to his lundlord.
2, If the lundlord is required to re-Ietthe premises. there would he unlimited
potcntialltlr litigation by the tenant concerning thc landlord's diligencc, whcther the
landlord made ncccssary repairs which would he required to rc-Iet the premises, whether
thc landlord was rcquircd to borrow money to mukc the repairs. whcther thc landlord
employed suflicicnt numbcrs of agents to rent the premises. etc.
3, There is a fundamental unfairness in allowing the breaching tenant to requirc thc
non-brcaching Illndlord to mitigatc thc damagcs caused by the tenant. The unfairness
results in denying the landlord ofthc henefit of the bargain, forcing the landlord to
cxpcnd timc, encrgy, and resources to respond to the tenant's hreach.and other
inconvcniences.
4. Thc tcnant, undcr thc tcrnlS of thc Icasc, could havc prescntcd thc landlord with II
sub-Icssor, and thercforc was in a position to mitigatc his own damages.
It secms from thc facts ofthc matter as prcscntcd that thc landlord is undcr no obligation
to mitigatc damagcs. Undcr thc Aucr casc, the landlord has thc option to pursuc an action
against the brcaching tcnant for thc full dollar value of the lcasc.
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Respcctfully submitted,
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~n 1;1. Broujos, ESquire #6268
, , BRO):JJOS & GILROY, P.C.
'4-Nbrth Hanovcr Strcet
Carlisle, Pennsylvania 17013
717/243-4574 717/766-1690
FAX# 717/243-8227
Date: Scptember 14. 2000
NAI\I S. LEE and
I\IIN ,I. Ln:. his wifr.
l'lulnllffs
IN TilE COURT OF COMMON PLEAS OF
CU:\IBERL\NI) COlJNTl'. I'ENNS\'LVANIA
No, 'IH.-.bJs2 0 C Ul' ( ~ I')
CI\'IL ACTION - LA W
"S.
KAUKAH I, HUrl' and
D1LSIIAO HUTT
: ,IURY TRIAL I)EI\IANI)EI)
COMI'L\lNT
Plaintills, Num S. Lcc ,lI1d Min J. Lcc, by thcir Allomcy. Broujos & Gilroy. P.C.. mukc thc
lollowing complaint:
I. Plaintills Nam S. Lcc and Min J. Lcc arc <Idult individu<lls rcsiding at 25 D Camelot
Arms, York, PA 17402.
2. Defcndants Kaukab I. Butt and Dilshad Butt are adult individuals residing at 271 Pcnrose
Placc, Carlisle, Cumbcrland County, Pcnnsylvania 17013.
3. On April 20, 1998 Plaintills and Delendants cntcred into a livc-ycar commcrciallcase
Irom May I, 1998 to April 30, 2003 with rcnt of five hundrcd seventy-livc ($575.00)
doll<lrs per month or thirty-thrce thousand live hundred twenty-five ($33,925.00) dollars
lor the cntire term for prcmiscs locatcd at 632 North West Strcet, Carlisle, Cumberland
County, Pennsylvania 17013. The commcrciallcase is attached thcrcto as Appendix A
and madc a part hcrcof:
4. In May and June 1998 Dcfcndants wrote to Plaintiffs rcquesting rcleasc from the lease.
5. On or about Junc 30, 1998 Plaintiffs providcd Defcndants writtcn notice that rent duc
July I, 1998 was payablc within fifteen (15) days of the subjcct notice and that
Dcfendants were in default pursuant to Paragraph 18 of the lease. Lettcr is attached
therell' ilS Appendix Band milde a Ililrt hereo!:
6. On or ilhout July 15. 199X Dclendallls lili!cd 10 pay rent due July I. 1')9S resullin!~ in
Defendilllls' defilllll under "aragraph IX A. (I) oflhe kiIS~,
7. On or ahoUI July 15, 1')l)X DelCndanls ahandoncd Ihc prcmises and delivered the ~eys.
8, On or ilhout April 20. 199X Defendants hreilehed the leasc in Ihat Delendants fililed to
ohlilin ilppropriate insurance in accordilltce with Pilragraph 12 B. of the lease.
9. Plaintiffs request the tilllowing damages due to Defendants' dclilull lilr fililure 10 pay rent
duc under the Ieasc. Delendants' ahandonmcnt ofthc prcmises, and Dcfendants' hreilch
ofleilsc:
iI. Immediate pilymcnt of Two Thousand Eight Hundrcd Scvcnty-Five Dollars
($2875.00). hascd on Fivc hundrcd scvcnty-live Dollilrs ($575.00) dollars pcr
month for rcnt due filr the months of July, August, Scptcmber. Octohcr, ilnd
Novcmher. 1998.
b. Rent oflivc hundrcd scvcnty-five ($575.00) dollars as it accrues on the first day
of cach succceding month until thc cxpiration ofthc ICilSC on April 30. 2003.
c. Othcr expcnses and costs incurrcd by Plaintiffs resulting from Delendants' delilUlt
plus ten (10%) pcrccnt pCI' annum intercst lor any latc paymcnts pursuant to
Paragraph 18 B.(3) ofthc Icasc.
d. Any costs incurrcd as a result of Defendants' abandonmcnt.
e. Any costs incurrcd as a result of Dcfendants' breach oflhe leasc.
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10.
Thc sccurity deposit in the amount of $575.00 is to set ofT against the amount owcd.
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Wc vcrily thatthc statcmcnts madc in this pleading arc true and eorree!. Wc understand that
falsc statcmcnts hercin arc made suhjeetto the penalties of I X ('a.C'.S. Section 41)0-1 relating to
unswom tillsilieation to authorities.
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will suhject to a penalty of $100,00 in addition to alllc~al :\I1d COUI1 costs resulting frl1m
1i1int: Ill' an action hefore ,I District Justice,
6. UTILITIES, I.essec will pay aud kecp currcr't char~t's for allutllitit's. iucludint:
electricity. gas. aud mlmlcipal wi"te reml" al. Water allll sewer u".s will he thosc l:USwnlilry
for a grocery StNC. l.csscc shall comply with statc and munidpal wasle laws and ordinances,
At temliuatiou of ICitSC, Lesst'c shall timely notify utilities of tcrminati'lII,
7. ELECTRICAL, Lessee shall not use any electrical applianccs which use more than
110 volts, unless presently installcd on premises. nor use multiple appliances on an outlet
which may overload the electrical eilpacity.
8. REAL PROPERTY TAXES AND WATER AND SEWER. Lessor shall pay all
real estate taxes imposed on the premises during the tern! of this lease and will pay watcr and
sewer charges.
9. MAINTENANCE. Lessee will maintain premises in a elean and s,mitary condition
including the grounds. promptly remove snow and ice from sidewalks on the premises,
conduct no home occupations or illegal activities on the prcmises. and occupy the premises
in such a manner so as not to disturb unreasonably the quiet and solitude of the residents in
adjacent properties, and shall abide by all applicable state and local laws and ordinances.
Lessee shall promptly advise Lessor of any problcms with utilities. such as the furnace
making unusual noises, leaks, cracked or loose conditions. and roof leaks.
10. OPERATION OF STORE
Lessee shall use premises only for grocery store, complying with all federal, state. and local
laws, regulations, and ordinances.
If applicable and required, Lessee shall comply with the Worker and Community Right to
Know Act, 35 PS 73011'1', administered by the Department of Labor and Industry, such as
storage requirements and Material Safety Data Sheets.
Lessee shall maintain all equipment on the attached list in accordance with maintenance
manuals and standard maintenance requirements and to prevent fire or other casualty, and
shall ensure at the termination of the lease that the equipment is in good working order.
Lessee will not perform or permit any act which may cause a hazardous condition which may
result in fire or other casualty.
B, REMODELLING. For the period after the date of this lease up to June I, 1998.
Lessee has the right to occupy the storeroom premises only for remodeling of the store, at no
rental cost. Prior to remodeling, I,.essee shall submit a written plan of remodeling for v.Titten
consent by Lessor, which consent shall not be unreasonably withheld. During this interim
period, Lessor shall remove Lessor's personal propelty on the premises.
II. INSPECTION, l.essor has Ihe right to enler upon the premises periodi~ally for th,'
pU'lJOse of rouliue inspection for compli.mce wilh the lease, care I(Ir Ihe premises. and III
show prospective lemll1ts, upon reasonable notice allll at reasonable times,
Prior to occupancy, Lessor and Lessee shall inspect the premises allll record conditiolls such
as marks and defects. l.essee shall accept the premises subjecl to Ihe wndit;on, "as i," on
the prcmises.
12. REPAIRS ANI> TENANT'S INSURANCE.
A. Lessee is liable for all repairs on the premises, since Lessee occupies and has control
of the premises, nornlal wear and tear excepted,
B. Lessee's Fire Insurance. Lessee, at its cost, shall maintain on all of Lessor's and
Lessee's personal nronertv, Lessee's and Lessor's improvements, and alterations, in, on, or
about the premises, a policy of standard fire and extended coverage insurance, with vandalism
and malicious mischief endorsements, to the extent of at least one hundred per cent (100%) of
their value, with a minimum limit of $50,000.00. The procecds from any sllch policy shall
be lIsed by Lessee for the replacement of personal property or the restoration of Lessee's and
Lessor's improvements or alterations. Lessee no later than April 20, 1998 will provide
eertificate of insurance to Lessor with at Icast 10 days unconditional notice of cancellation or
modifieation.
13. ASSIGNMENT. Lessee may not assign this lease or sublet without consent.
l4. FORFEITURE. Lease may be ternlinated by Lcssor by giving written notice to
Lessee declaring lease provisions in default for failure of Lessee to comply with the
provisions hereof, which may be any specific condition or failure to pay rent and fees and
municipal charges including waste when due. Lessee shall promptly relinquish possession
within fifteen days of mailing by first class mail or service upon an adult at the premises of
written notice of default and notice to vacate.
l5. BANKRUPTCY OR lNSOLVENCY. If any transfer of Lessee's interest in the
premises created by this Lease shall be made under exccution or similar legal process, or if a
petition is filed by or against Lessee to adjudicate Lessee a bankruptcy or insolvent under any
Federal or State law, or if a receiver or trustee shall be appointed for Lessee's business or
property and such appointment is not vacated within ten (10) days, or if a petition or answer
is filed by or against Lessee under any provision of Federal or State law seeking a
reorganization of Lessee or an arrangement with its creditors, or if Lessee makes an
assignment or deed of trust for the b,~nefit of its creditors, or if in any other manner Lessee's
interest under this Lease shall pass to another by operation of law, then, in any of said events,
Lessee shall be deemed to have committed a material breach of this Lease and an event of
default, and Lessor may, at its option, exercise its remedies under this Lease without notice or
opportunity to cure.
16. NOTICES, All notices or other communications, pursuant thereto, to any patty shall
he in writing and shall he deemed given when delivered personally or dcpositcd in Ihe United
States mail, postage prcp<lid, n:turn rceeipt rcquested. addresscd to the parties al the <Iddresscs
set OUI above.
17. FAILUIU: TO I'A Y RENT. In Ihe evenl or failure to pay rcnl when due, Lessee
shall pay the sum or $15.00 for late paymcnt; plus intcresl after 15 days at Ihe rate or 10%,
IS. DEFAULT.
A. Lesscc's Default. The OCClllTence of any of Ihe following shall constitute an
event of default by Lessec:
(I) Failure to pay rent or other sum of money (including deposits) and fees
and interest when due, 01' to have effective insurance coverage per the lerms of this Lease, if
the failure continues for fifteen (15) days after written notice has been given to cure thc
default. No more than three sueh graee periods for the payment of rent shall be pernlitled
during the term of this lease. after which failure to pay rent on lime shall constitute default.
(2) Failure to perform any other provision of this Lease if the failure to
perform is not cured within thirty (30) days after notice has been given to Lcssee to cure the
default. If the default cannot reasonably be cured within thirty (30) days, Lessee shall not be
in default of this Lease if Lessee commences to cure the default within the thirty (30) clay
period and diligently and in good faith continues 10 cure the default; provided, however, that
Lessor's interest in the premises are not prejudiced in thc interim.
B. Lessor's Remedies. Lessor shall have the following remedies if Lessee
commits an event of default. These remedies are not exclusive; they are cumulative in
addition to any remedies now or subsequently allowed by law or equity.
(I) Lessee's Right to Possession Not Terminated - Lessor can continue this
Lease in full force and effect, and the Lease will continue in effect as long as Lessor does not
tenninate Lessee's right to possession, and Lessor shall have the right to collect rent when
due. No act by Lessor allowed by this paragraph shall tClll1inate this Lease unless Lessor
notifies Lessee that Lessor elects to terminate this lease.
(2) Ternlination of Lessee's Right to Possession - Lessor can lerminate all
of Lessee's rights hereunder, including Lessee's right to possession of the premises at any
time. Lessee shall quit and surrender thc premises to Lessor on the date Lessor tenninates
this lease. ' No act or omission by Lessor other than giving notice to Lessee shall terminate
this Lease. On termination, Lessor !1JlS the right to recover from Lessee immediately the total
unpaid rental and any other amounts, and court costs and reasonable attorney's fees, necessalY
to compensate IllI1dlord for all damages 3lising out of or relating to Lessee's default.
(3) Lessor's Right to Cure Lessee's Default - Lessor, any time after Lessee
commits a default, can cure the default at Lessee's cost. [I' L.essor, al 3l1ytime. by reason of
Lessee's defaull, pays any sum or does any act thaI requires the payment of any sum, the sum
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JOliN II. IlROUJOS
IIUl1I:RT X. CILROY
IlROUJOS & GII.ROY, P.C.
A1TOKNI:YS AT tAW
4 NORlIIIIANe)V[R STUn
CARI.ISI.I~ I'[NNSYI,VANIA 17013
717.24).4574
717.766-1690
!'AX: 24),8227
CERTIFIED MAIL
J unc 30, 1998
Kaukab l. Butt and Dilshad Butt
271 Penrose Place
Carlisle, P A 17013
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Re: Lease of 632 North West Street, Carlisle, PA
Dear Gentlemen:
I represent Nam Sit Lee and Min Jeong Lee with respect to the Lease in the above property.
The Lease is for a term of five (5) years commencing May I, 1998.
You have paid the rent for May and for Junc.
The next rent due is July 1.
Mr. Lee advises that you have contacted him requesting that he be released from the terms of
the Lease, since you are unable to obtain your son or a cousin to run the business.
The Lees desire that you continue to honor the Lease as a contractual obligation under the
law.
He expects regular monthly payments.
If payments are not madc, he will have no alternative but to declare the Lease in default, if
payment is not made in accordance with Paragraph 18 of the Lease.
If you fail to make payment for fifteen (15) days after written notice to pay the rent, then the
Lease will be in default.
Mr. and Mrs. Lee desire that you c~ntact me if you do not intend to comply with the Lease
terms.
In the event that you do intend to. comply with the Lease terms, you can simply continue to
make your payments and advise Mr. Lee of your intcntion to comply with the Lease.
APPENDIX B
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Mr, Lee docs not dcsire that two partics deal with you in the event that you do not intend to
comply with the Lease.
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We wish you well in your work.
cmc
c: Nam Sil Lee
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NAM S. LEE and
MIN J. LEE, his wife,
Plaintiffs
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION. LAW
v,
: NO. 98.6320 Civil Term
KAUKAB l. BUTT and
D1LSHAD BUTT,
Defendants
: JURY TRIAL DEMANDED
TO: Nam S. Lee and Min J. Lee
c/o John Broujos, Esquire
4 North Hanover Street
Carlisle, PA 17013
YOU ARE HEREBY NOTIFIED to file a written response to the
enclosed New Matter within twenty (20) days from service hereof
or a judgment may be entered against you,
Respectfully submitted,
Date:
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ANDREWS & JOHNSON
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By:
T ylor P. Andrews, Esq.
West Pomfret Street
Carlisle, PA 17013
(717) 243.0123
Supreme Court lD No. 15641
NAM S. LEE and
MIN J. LEE, his wife,
Plaintiffs
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 98-6320 Civil Term
KAUKAB J. BUTT and
DlLSHAD BUTT,
Defendants
: JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER AND COUNTERCLAIM
Defendants KAUKAB I. BUTT and DILSHAD BUTT, by their attorneys, Andrews &
Johnson by Taylor P. Andrews, Esquire, respectfully answers Plaintiffs Complaint as follows:
1. Admitted.
2. It is admitted that the Defendants are adult individuals. Their correct address is
231 Meals Drive, Carlisle, Pennsylvania 17013.
3. It is admitted that Defendants entered into a five year commercial lease and that a
copy of the lease is attached as Appendix A to Plaintiffs Complaint. It is further admitted that the
lease is dated April 20, 1998 and that the lease term was to commence on May I, 1998.
Defendants are without knowledge as to the actual date of execution and proof is therefore
demanded.
4. Denied. Defendants did request to be released from the lease, but the requests were
oral until Defendants sent a letter on July 1, 1998.
5. Admitted.
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6. II is admitted tholt Defendants did nol pay any rent in July 1998. For reasons slaled
7. It is admitted that Defendants redelivered the keys to Plaintiff through Plaintiffs
hereafter il is denied that such rcnt was duc. Thc allcgalion Ihatthc nonpaymcnt was a default is a
conclusion of law requiring no answcr.
counsel. II is denied thaI Dcfendants abandoncd Ihc prcmiscs.
8. It is admittcd Ihal Dcfcndants did not obtain insurance on the premises. It is dcnied
that this breached the lease.
9. This claim for relief requircs no response. Defendants deny any obligation of
NEW MATTER
payment to Plaintiffs.
10. II is admitted that Defendants paid Plaintiffs $575 as a security deposit. II is denied
that Plaintiffs are entitled to keep the securily deposit.
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11.
In addition to the $575 security deposit rcferenced in paragraph 10 of Plaintiffs
'.
Complaint, Defendants also paid PlaintifCs $575 for one months rent.
12. Defendants were induced 10 sign the commercial lease with Plaintiffs by fraudulent
misrepresentation of Plaintiff, Nam S. Lee as to the ability to establish a licensed lottery sales
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location at the leased premises without subslantial modification and expense.
13. Defendants relied upon statements by Nam S. Lee that a licensed lottery sales outlet
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could be established in the leased premises without difficulty when Defendants decided to lease the
premises.
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14. Aftcr the commcrciallcasc was signcd but bcforc Dcfcnd.lOts occupicd Ihc Icascd
premises, Defcndants Icarncd that substantial modifications wcrc ncccssary to makc thc prcmiscs
handicapped acccssiblc in ordcr for an application for a 101lcry liccnsc to bc cvcn considcrcd.
Projcctcd cxpcnscs for such modifications wcrc cstimatcd to cxcccd $5,000. Evcn with thc
modification the Defcndants could not bc assurcd of a lottcry Iiccnsc.
15, Plaintiff, Nam S. Lee, knew of thc nccd for eXlensive modifications in order to
establish lottery sales, and Nam S. Lce intcntionally dcceivcd the Defendant, Kaukab l. Butt as to
the existence of this material requirement.
16. By letter dated July IS, 1998 delivered to Plaintiffs' counsel on July 20, 1998
Defendants returned keys to the leased premiscs, declared the lease void for the fraud which
induced thc lease, and demanded return of their payment of $1,150. A copy of the letter to
Plaintiffs' counsel is attachcd hereto as Exhibit I.
17. The commercial lease dated April 15, 1998 between Plaintiffs and Defendants is
void as a result of the fraudulent misrepresentations of the Plaintiff, Nam S. Lee, to the
Defendant, Kaukab l. Butt, which misrepresentation induced Kaukab l. Butt and Dilshad Butt to
sign the lease.
WHEREFORE, Defendants pray your Honorable Court to dismiss the Plaintiffs
Complaint.
COIlNTERCLAIM
18. Paragraphs I through 17 of Plaintiffs' Complaint and the Answer of Defendants to
Plaintiffs' Complaint are incorporated herein by reference.
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falsificalion 10 authorities.
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I verify thatlhe slatements made in Ihe Coregoing An"wer are Irue and eorrecl. I understand that
Calse stalements herein are made subject 10 the penalties of I'a. C.S. ~ 4904, relaling 10 unsworn
DATE: /;) . J /. /19 g
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NAM S. LEE ami
MIN J. LEE, his wifc,
Plaintiffs
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 98-6320 Civil Term
KAUKAB l. BUTT and
D1LSHAD BUTT,
Dcfcndants
: JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
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I hereby certify that on this date, OO'..J.:..v1
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, 1998, I mailcd a copy of
Defendants Answer with New Maller and Counterclaim to the following pcrsons III the following
addresses by U.S. Mail, postage prepaid:
John Broujos, Esquire
Counsel for Plaintiffs
4 North Hanover Street
Carlisle, PA 17013
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'Tayl r P. Andrews, Esquire
Counsel for Defendants
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16. Admilled.
17. Dcnicd. Furthennore, thc allegation of fraud is a conclusion of law requiring no .mswer.
WHEREFORE, Plaintiff prays thc court to dismiss Dcfcndant's ncw matter.
COVNTERCLAtl\1
18. Admittcd or dcnicd in accordancc with thc abovc avcrmcnts.
19. Denicd. No money is owcd and thc )casc was not voidcd.
WHEREFORE, Plaintiff prays thc court to dismiss Defendant's counterclaim.
Deccmber 22, 1998
B VJOS & GILROY, P.C.
4 North Hanover Street
Carlisle, PA 17013
717-243-4574 717-766-1690
FAX: 717-243-8227
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FAX COVER LETTER
TO: Mark K. Emery, Esquire DATE: September 11, 2000
George F. Douglas. III, Esquire
FAX NO.: 691.5441
FROM: David W. Deluce 243-8955
RE: lee v. Buill Arbitration Hearing PAGES: 2
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FAX COVER LETTER
TO: John H. Broujos, Esquire DATE: July 27, 2000
Taylor P. Andrews, Esquire
Mark K. Emery, Esquire FAX NO.: 243-8227
George F. Douglas. III, Esquire 243-0061
691-5441
FROM: David W. Deluce 243-8955
RE: lee v. Bull PAGES: 2
Rescheduled Arbitration Hearing
................................................................................***..........................
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NAM S. LEE and
MIN J. LEE, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-6320 CIVIL TERM
v.
CIVIL ACTION - LAW
KAUKAB I. BUTT and
DILSHAD BUTT,
Defendants
NOTICE OF ARBITRA TORS' HEARING
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TO: John H. Broujos, Esquire
Broujos & Gilroy, P.C.
4 North Hanover Street
Carlisle, PA 17013
Taylor P. Andrews, Esquire
Andrews & Johnson
78 West Pomfret Street
Carlisle, PA 17013
AND NOW, this 26"' day of July, 2000, you are hereby notified that the Arbitrators appointed in the
above-captioned action will hold a hearing for the purpose of their appointment as follows:
Date: Thursday, August 3, 2000
Time:
1 :00 p.m.
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,
Location:
Old Cumberland County Courthouse, 2"" Floor Hearing Room,
Carlisle, Pennsylvania
CAVEATS:
1. THOSE PARTIES WISHING TO INTRODUCE VIDEOTAPE EVIDENCE WILL BE EXPECTED TO HAVE THE
NECESSARY EQUIPMENT TO DISPLAY THE VIDEOTAPE PRESENT AT THE ARBITRATION LOCATION.
2. IN THE EVENT THAT DEPOSITION TRANSCRIPTS ARE TO BE USED AS EVIDENCE, TRANSCRIPTS SHOULD
BE PROVIDED TO EACH ARBITRATOR AT LEAST ONE WEEK PRIOR TO THE HEARING.
3. PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF STATUTES,
CASES, ETC., WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING
''''''''An"'',,"'''''",,"''?; ,~. 0" ()
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Davi' uce, EsqUire, Chairman
Mark K. Emery, Esquire, Arbitrator
George F. Douglas, III, Esquire, Arbitrator
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George F. Douglas, III, Esquire
Cumberland County Court Administrator
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FAX COVER LETTER
TO: John H. Broujos, Esquire DATE: July 26, 2000
Taylor P. Andrews, Esquire
Mark K. Emery, Esquire FAX NO.: 243-8227
George F. Douglas, III, Esquire 243-0061
691-5441
FROM: David W. Deluce 243-8955
RE: lee v. Buill Arbitration Hearing PAGES: 2
.*************.**...****.**....*************...*******..*..*****.........***....****..**..***..***...........
Mal" -; LtIt',
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tn The Cour~ of Coomon Plaas of
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We do solemnLy swear (or affirm)
the Cona~itution of the United States
~ealth and, that we will discharie the
that we will support, obey and derend
and the Const1tutioa or this Co~on-
dutiey6't) OU~i/]ff~\lith delity.
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AWARD
We, ~he undersigned arbitra~ors, havini ~een dull appointed and sworn
(or affirmed), make the following award:
(Note: If damages for delay are awarded, they shall be
separately s~ated.)
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applicable. ) Cf 1/4/00
Da~e of Rearing:
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Date of Award:
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NOTICE OF ENTRY OF AWARD
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Now, the I day Ot yf' "y", , A.9,:")(')' a~ \', 'J.'., H .l1.,
award was en~ered upon the dockee and noeice Chareof giVen bY-mail
par~ies or eheir attorneys.
the above
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Arbitrators' comoensaeion
paid upon appeal~
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