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HomeMy WebLinkAbout08-1939Rijoice, LLC, trading as Keller Williams of Central PA, ; Plaintiff v. Devang and Alpa Patel, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Zoos - 193 CIVIL TERM PRAECIPE To the Prothonotary: j Please issue a Writ of Summons on behalf of the Plaintiff and against abiz w captioned Defendants. Date: 3 ?b O g `?obert . Saidis, Esq. Attorney for Plaintiff 1is 1 a ?-, N i=O -J Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS RIJOICE, LLC Court of Common Pleas TRADING AS KELLER WILLIAMS OF CENTRAL PA Plaintiff Vs. No 08-1939 CIVIL TERM DEVANG AND ALpA PATEL 1440 ARMITAGE WAY MECHANICSBURG, PA 17055-6402 In CivilAction-Law Defendant To DEVANG AND ALPA PATEL, You are hereby notified that RIJOICE, LLC., the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) rtis R. Long, Prothonotary Date MARCH 27, 2008 By Deputy Attorney: Name: ROBERT C. SAIDIS, ESQUIRE Address: 26 WEST HIGH STREET CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: 717-243-6222 Supreme Court ID No. 21458 Rijoice, LLC, trading as Keller Williams of Central PA, Plaintiff V. Devang and Alpa Patel, Defendant To the Sheriff: : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2008- 1931 CIVIL TERM PRAECIPE Service may be made to the Patels at 1440 Armitage Way, Mechanicsburg, PA 17055-6402. Date: bert C. Saidis, Esq. Attorney for Plaintiff ? ; 1 ?-1LJ ? 1' ' s 1 - ` SHERIFF'S RETURN - REGULAR CASE NO: 2008-01939 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RIJOICE LLC T/A KELLER WILLIAM VS PATEL DEVANG ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PATEL DEVANG the DEFENDANT , at 0020:43 HOURS, on the 7th day of April 2008 at 1440 ARMTTAC;R WAv MECHANICSBURG, PA 17055-6402 by handing to ALPA PATEL WIFE OF DEVANG PATEL a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage "I IDIOT Sworn and Subscibed to before me this of So Answers: 12.00 13.00 00 10.00 R. Thomas Kline .41 35.41 00/00/0000 By: / day Deputy Sheri f A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01939 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RIJOICE LLC T/A KELLER WILLIAM VS PATEL DEVANG ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PATEL ALPA the DEFENDANT , at 0020:43 HOURS, on the 7th day of April 2008 at 1440 ARMITAGE WAY MECHANICSBURG, PA 17055-6402 by handing to ALPA PATEL a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 12.00 Service .00 Affidavit .00 Surcharge 10.00 .00 y?lolbP ?., '? 22.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/08/2008 SAIDIS FLOWER LINDSAY By: Deputy She iff A. D. RIJOICE, LLC, : IN THE COURT OF COMMON PLEAS Trading as Keller Williams of : CUMBERLAND COUNTY,PENNSYLVANIA Central Pennsylvania Plaintiff NO.: 2008-1939 V. CIVIL ACTION DEVANG AND ALPA PATEL Defendants NOTICE SAIDIS, FLOWER & UNDSAY -' I "4AW 26 West High Street Carlisle, PA YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 RIJOICE, LLC, Trading as Keller Williams of Central Pennsylvania Plaintiff vi. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NO.: 2008-1939 CIVIL ACTION DEVANG AND ALPA PATEL Defendants SAMIS, FLOWER & LINDSAY ?ruw 26 West High Street Carlisle, PA AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMA CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADA, ES POSIBLE QUE ESTA OFICINA LE PUEDO PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249 -316 6 2 RIJOICE, LLC, Trading as Keller Williams of Central Pennsylvania Plaintiff vii. DEVANG AND ALPA PATEL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NO.: 2008-1939 CIVIL ACTION COMPLAINT AND NOW, comes Plaintiff, Rijoice, LLC, trading as Keller Williams of Central Pennsylvania, by and through its undersigned attorneys Saidis, Flower & Lindsay, and avers in support of their Complaint against Defendants as follows: 1. Plaintiff Rijoice, LLC, is a Pennsylvania limited liability company with a place of business at 4242 Carlisle Pike, Suite 151, Camp Hill, Pennsylvania 17011, and operates under the trade name Keller Williams of Central Pennsylvania ("Keller Williams"). 2. Defendants, Devang and Alpa Patel, are individuals residing at 1440 Armitage Way, Mechanicsburg, PA 17055. 3. Defendants entered an Exclusive Buyer Agency SAIDIS, FLOWER & IAVDSM 26 West High Street Carlisle, PA Contract with Keller Williams on June 12, 2007 and expiring on September 20, 2007 (the "Exclusive Contract"), a copy of which is attached and incorporated as Exhibit "A." 3 4. The terms of Exclusive Contract provided for a fee of three percent (3%) of the purchase price as the commission for Keller Willliams' services. 5. The terms of the Exclusive Contract provided Keller Williams' fee was earned, inter alia, if Defendants entered into an agreement to purchase property during the terms of the Exclusive Contract. 6. Defendants entered into an agreement to purchase property on September 18, 2007. 7. The Agreement of Sale signed by Defendants provided for a purchase price of $460,000. 8. Under the terms of the Contract, Keller Williams is owed a commission of $13,800. 9. Plaintiff made demand upon Defendant for payment by letter dated December 3, 2007, a copy of which is attached and incorporated as Exhibit "B." 10. Plaintiff made further demand upon Defendant for SAMIS, FLOWER & LENDSAY 26 West High Street Carlisle, PA payment by letter from counsel dated January 23, 2008, a copy of which is attached and incorporated as Exhibit "C." 11. Defendant is in breach of the Exclusive Contract for failure to pay Plaintiff's Commission of $13,800. WHEREFORE, Plaintiff, Rijoice, LLC, trading as Keller Williams of Central Pennsylvania, requests that this Honorable Court enter judgment in their favor and against the 4 Defendants, in an amount the amount of thirteen thousand eight hundred dollars ($13,800.00), plus an award of costs and expenses for filing this suit. Date 5 " SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Respectfully submitted, SAIDIS, FLOWER & LINDSAY RoGrt C. Saidis, Esquire Attorney I.D. No.: 21458 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff 5 VERIFICATION I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: f Aw )-eV? Peter N. Kafkalas, Man ger Keller Williams of Central PA 6 CERTIFICATE OF SERVICE I hereby certify that a copy of the Complaint was served this date via United States Mail, postage prepaid, addressed as follows: Devang and Alpa Patel 1440 Armitage Way Mechanicsburg, PA 17055-6402 Dated: 41? SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Phyl is McCoy 7 BUSINESS RELATIONSHIP BR 3ETWEEN BROKER AND BUYEa ' This form ...- nded and approved fur, but not rosvimd to use by, the m fibers of the Pennsylvania Association of PEALTORS& (PAR). l i BROKER (Compana ,11Lr? Vll 2 LICENSEE(S) IAn 5-?an1(A.--? - 3 Buyer has read and received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336 4 and the Notices to Buyers in this agreement. Pennsylvania law requires that a business relationship between Broker and 5 Buyer be in writing. 5 Nate: The terns "buyer," "seller,"and "buy" also will be construed to mean "tenant," "landlord, " and "rent, " respectively, throughout this agreement. 7 i B 9 to 11 v 13 1a 15 lu 17 16 2( 21 25 26 ?u z9 30 31 32 33 34 35 A 37 a;. 41 4; 4; 4. 4! 4, 4 41 4' 5 5 5 s BUSINESS RELATIONSHIP AS DESCRIBED IN THE CON ER NOTICE Does Buyer have a business relationship with another broker? ? Yes No If yes, explain: Broker and Buyer agree to the following business relationship as allowed by Broker's Company policy: ? SELLER AGENT (for properties listed with Broker)/SUBAGENT FOR SELLER (for properties listed with other companies). ? ; TRANSACTION LICENSEE (for properties not listed with Broker; however, if property is listed under an agency Xontract with Broker, Broker is a Seller's Agent). 0 BUYER AGENT (for properties listed with Broker and other companies, and for properties not listed with any broker) Broker will be Buyer's Agent under the terms agreed to in the Buyer Agency Contract below. EXCLUSIVE BUYER AGENCY CONTRACT 1. TERM This Contract applies to any property that Buyer chooses to buy during the term of this Contract. Buyer will not enter into a BuyerAgency Contract with another broker/licensee that begins before the Ending Date of thjs Contract. Starting Date: This Contract starts when signed by Buyer and Broker, unless otherwise stated here: G I I 07 Ending Date: This Contract ends 2.0 O (A) If Buyer is negotiating or has entered into an Agrees ent of Sale, this C act nds tin settlement. (B) If Buyer is negotiating or has signed a lease, this Contract ends upon poss Sion. 2. BROKER'S FEE (A) It is Broker's policy to accept compensation offered by the listing broker and/or the seller. Broker may be paid a fee that is a percentage of the purchase price (or in the case of a lease, a percentage of the total amount of rent due over the term of the lease). Even though Broker's Fee, or a portion of it, may be paid by a seller or listing broker, Broker will continue to represent the interests of Buyer. (B) 1. If the amount received in paragraph 2(A) from a fisting broker is less than 5'/o then Buyer will pay Broker the difference or include it as a term in the Agreement of Sale for the seller to pay. 2. If the amount received in paragraph 2(A) from a seller not represented by a broker is less than , then Buyer will pay Broker the difference or include it as a tern in the Agreement of Sale for the seller to pay. (C) In addition to any amounts paid to Broker in subparagraphs 2(A) and/or 2(B), Buyer will pay Broker an additional amount of 2 75- ,9-o as part of Broker's Fee. (D) 1. Broker's Fee is earned if Buyer enters into a sale or lease agreement during the term of this Contract, whether brought about by Broker, Broker's agents or by any other person, including Buyer. 2. If Buyer enters into a sale/lease agreement for a property after the Ending Date of this Contract, Buyer will pay Broker's Fee: (a) if the sale/lease is a result of Broker's actions during the term of this Contract, OR (b) if the property was seen during the term of this Contract, AND (c) Buyer is not under an exclusive buyer agency contract with another broker at the time Buyer enters into a sale/lease agreement. 3, DUALAGENCY Buyer agrees that Broker may also represent the seller of the property that Buyer might buy. The Broker is a DUAL AGENT when representing both the seller and the buyer in the sale of a property. 4. DE,SfGNATED AGENCY Ef Not Applicable. ? Applicable. Broker may designate licensees to represent the separate interests of Buyer and the seller. Licensee (identified above) is the Designated Agent, who will act exclusively as the Buyer Agent. If Licensee is also the Seller Agent, then Licensee is a DUAL AGENT. 5. TRANSFER OF THIS CONTRACT Buyer agrees that Broker may transfer this Contract to another broker. Broker wilt notify Buyer immediately in writing if Broker transfers this Contract to another broker. 6. OTHER 57 This is the entire agreement between Broker and Buyer. Any verbal or written agreements that were made before are not 56 a part of this agreement. Any changes or additions to this agreement must be in writing and signed by Broker and Buyer. 59 Return by facsimile (FAX) transmission constitutes acceptance of this agreement. 60 NOTICE BEFORE SIGNING: IF BUYER HAS LEGAL QUESTIONS, BUYER IS ADVISED TO CONSULT AN ATTORNEY. 61 Buyer gives permission for Broker to send information about this transaction to the fax number(s) and/or e-mail address(es) 62 listed below. 63 BUYER'S MAILINGADDRESS: 64 65 PHONE:v- 66 BUYER 67 BUYER 66 BROKER (Company N e) ,/,?}-469 ACCEPTED BY & 19 Ponns Ivania Association of REALTORT FAX: /I,^, E-MAIL: DATE W b DATE I DATE 57 oa 60 61 62 63 64 65 56 67 60 69 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS- 2004 7'04 Exhibit "A" KELLER WILLIAMS., of Central PA December 3`d, 2007 Devang and Alpa Patel 1440 Armitage Way Mechanicsburg, PA 17055-6402 Dear Mr. and Mrs. Patel, This letter is to inform you of a contractual liability you have with this brokerage firm You were under a buyer's agency contract with one of our agents, Adam Gordon, which was in effect through the 20th of September 2007. However, on the 18th of September 2007, you signed another buyer's agency contract with Prudential Thompson Wood Realtors, misrepresenting your contractual obligation to Keller Williams. On that same day, you executed a purchase offer on 1440 Armitage Way, and subsequently closed on the home the 30th of October 2007. The language in your buyer's agency agreement with Mr. Gordon is clear: You were contractually obligated to pay the buyer's side commission, which in this case was 3% of $460,000, or $13,800. Under normal circumstances, the seller pays this commission to the buyer agent's brokerage. However, since you used another realtor and agency, unknown to us, as a buyer's agent, while still under contract with Keller Williams, you owe this brokerage firm $13, 800. While we do not wish to be heavy handed about this matter, you must understand that we desire to enforce the contract you were under with us. Please contact me by the 14th of December, so we can resolve this issue, hopefully avoiding any possible litigation. Rcspectf?Ly submitted- Peter Kafkalas Manager Keller Williams of Central Pa 717.364.3803 Servicing West Shore, East Shore, Carlisle, Dillsburg, Hershey 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011 Phone: (717) 761-4300 Fax: (717) 761-4338 www.kwhbg.com Exhibit "B" JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHN B. LAMPI MICHAEL L. SOLOMON GEORGE F. DOUGLAS, III DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH LAW OFFICES SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@sfl-law.com www.sfi-law.com January 23, 2008 Devang and Alpa Patel 1440 Armitage Way Mechanicsburg, PA 170SS-6402 CAMP HILL OFFICE 2109 MARKET STREET TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Re: Keller Williams of Central PA Dear Mr. and Mrs. Patel: Please be advised that this office represents Keller Williams of Central PA with regard to its claim resulting from your buyer agency. For your convenience, I have attached a copy of the December 3, 2007 correspondence, which was sent to you certified mail and was unclaimed, as well as a copy of the exclusive buyer agency agreement. Keller Williams intends to pursue its legal rights under the agreement. Unless you contact me within 10 days with a proposed offer of settlement, I have been directed to proceed accordingly. I trust you will act in your best interest. & LINDSAY RCS/pm Enclosures CC: Pete Kafkalas THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS CONETI iCATION IS FROM A DEBT COLLECTOR. Exhibit "C" Very truly yours, C= Q CID ma - c C-3 .C- ?c F \FILESTlients\12973 Patel\12973. tans Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff RIJOICE, LLC, IN THE COURT OF COMMON PLEAS OF Trading as Keller Williams of CUMBERLAND COUNTY, PENNSYLVANIA Central Pennsylvania, : Plaintiff V. NO. 2008 - 1939 DEVANG and ALPA PATEL, CIVIL ACTION Defendants ANSWER AND NOW, come the Defendants, Devang and Alpa Patel, by and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and avers in support of their Answer as follows: I. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Defendants entered into an Exclusive Buyer Agency Contract with Keller Williams on June 12, 2007. It is denied to the extent that that contract expired on September 20, 2007. 4. Denied, as the document speaks for itself. 5. Denied, as the document speaks for itself. 6. Denied in part and admitted in part. It is admitted that Devang Patel entered into an agreement to purchase property on September 18, 2007. However, it is denied that Alpa Patel entered into an agreement to purchase property on that date. 7. Admitted. 8. Denied, as the contract between Keller Williams and the Patels had expired on August 11, 2007. 9. Admitted. 10. Admitted. 11. The averments of Paragraph 11 are conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendants Devang and Alpa Patel request that this Court enter judgment in their favor and dismiss the Complaint of Rijoice, LLC. MARTSON LAW OFFICES By Katie J. Maxwell, Esquire Attorney I.D. No. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Date: &// °?°?? ©? VERIFICATION The foregoing Answer is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to my counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of Is Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. v (' Alpa Patel CERTIFICATE OF SERVICE I, Katie J. Maxwell, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert Saidis 26 W. High Street Carlisle, PA 17013 MARTSON LAW OFFICES Katie LI(Aaxwell Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 19, 2008 t3 c?.a C? co -?: RIJOICE, LLC, Trading as Keller Wililams of Central Pennsylvania Plaintiff V. DEVANG and ALPA PATEL Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. No.: 2008-1939 CIVIL ACTION PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE JUDGES OF SAID COURT: Dean E. Reynosa, counsel for the Plaintiff in the above-captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $13,800.00 plus costs and expenses. The Defendant has presented no counterclaim. 3. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Dean E. Reynosa, Esquire, for the Plaintiff, and Katie J. Maxwell, Esquire, for the Defendants. WHEREFORE, your petitioner requests this Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectively submitted, SAIDIS, ELOWER & L, AY Dated: November 2008 ttorney for Esquire CERTIFICATE OF SERVICE AND NOW, November a? q , 2008, I, DEAN E. REYNOSA, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that I did serve a true and correct copy of the foregoing Petition for Appointment of Arbitrators upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First Class Mail to: Katie J. Maxwell, Esq. 10 East High Street Carlisle, PA 17013 (74z:? - D eyn a, Esquire PA Supreme Co .JD No. 80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 4606 # o {u f•? RIJOICE, LLC, : IN THE COURT OF COMMON PLEAS Trading as Keller Wililams of : CUMBERLAND COUNTY, PENNA. Central Pennsylvania Plaintiff No.: 2008-1939 V. CIVIL ACTION DEVANG and ALPA PATEL Defendants ORDER OF COURT AND NOW, /y ,''201108, in consideration of the foregoing petition, Esquire and LVd?CQir? ??, Esquire and "Q?(I?PrM Esquire are appointed arbitrators in the above captioned action as prayed for. By the urt, J. cc: Court Administrator Dean E. Reynosa, Esquire (Attorney for the Plaintifj) 2109 Market Street, Camp Hill, PA 17011 Katie J. Maxwell, Esquire (Attorney for Defendants) 10 East High Street Carlisle, PA 17013 c? ? ?f 4 © '..ly l1l ( ?..?? ..l 4Q..+ ? 0 ' FT n , A Gary-F?Q P?kn?r/v4h (P?lai[ntiff Qe?? k ciK Q A h 4 I"aTe / l Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No.oeb)j- / 13 / Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. , tore Signature Signature Name (Chairman) Name Name Lc, w t1tts Law Firm It (7 4 F, V, Lwv- ?Vr- Address x - ? 10C Law Firm Address Z) I- ('/"7 ?If "LPL , e. T Gtr ( Law Firm 41411 &` /. l U ? ? Al 4, M/v1-t. K /?, /? p? Address -It -76/1 C '7 cc? MV a, City, Zip city, zip city, zip =-D# 15(o40 -=D# I'73(v5 =D#" II oa3 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay awarded, they shall be separately nstatt U_ 6 ?rQ -t'ov PIalkf >?2Kk _CA .. 0.1K?I U u /"` J ,?(h,Tr?- !??* C? 7 a Y? KA c1Y , 11h e -4-1F LCi4 S (<L L e . Arbitrator, ' sents. (Insert name if Date of Hearing: `? 3 Lo7 Date of Award:,?7 Notice of Entry of Award Now, the 4+7` day of +. , 200 at 8: 49 , A .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensatiRn to be paid upon appeal: $ 350. 0,0 Prothonotary By: Deputy ALED-OiTICE OF THE PROT; HONOT{RY 2009 SEP - 4 AM 8' 4 9 PDJ SYLVANA , ' a#U* (l 9 *44e,j - m??j ql#loq RIJOICE, LLC, Trading as Keller Williams of Central Pennsylvania Plaintiff V. DEVANG and ALPA PATEL Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. No.: 2008-1939 CIVIL ACTION PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff, RIJOICE, LLC, Trading as Keller Williams of Central Pennsylvania, and against Defendants, Devang and Alpa Patel on the award of Arbitration entered September 3, 2009. No appeal has been filed and more than thirty (30) days have elapsed. Submitted, BY: D PR HONO &4Reyq?sq. , OW ER & LINDSAY PA Sup. Ct. #80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 Ph (717) 737-3405 9 RIJOICE, LLC, Trading as Keller Williams of Central Pennsylvania Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : No.: 2008-1939 : CIVIL ACTION DEVANG and ALPA PATEL Defendants ENTRY OF JUDGMENT WITH ASSESSMENT OF INTEREST AND AWARD AND NOW THIS --L day of 2009, judgment is entered in favor of the Plaintiff, RIJOICE, LLC, Trading as Keller Williams of Central Pennsylvania, and against Defendants, Devang and Alpa Patel on the award of Arbitration entered September 3, 2009 in the sum of $13,800.00 plus costs. Please assess damages on the judgment in this action as follows: Amount of Verdict $ 13,800.00 Interest from September 3, 2009 at 6% $ 73.23 Costs $ 276.50 Total Award $ 14,149.73 DAMAGES ASSESSED AS ABOVE: SAIDIS, FL WER L: 11--,h* ko 44 BY:? P OTHONO E! eynosa, Esq. PA Sup. Ct. #80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 Ph (717) 737-3405 SAY CERTIFICATE OF SERVICE AND NOW, October, 2009, I, DEAN E. REYNOSA, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that I did serve a true and correct copy of the foregoing Praecipe for Entry of Judgment upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First Class Mail to: Katie J. Maxwell, Esq. 10 East High Street Carlisle, PA 17013 i 1 Deki osa, Esquire PA Supreme Court ID No. 80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 FILED- C-l"'F?CE OF THE PlR, , F,C '0JTARY 2009 OCT -6 PH 3.59 l 41VVe? G }?r1? Ett' Pq oo'i?LWL( tZ-A 23 r ss? RIJOICE, LLC, : IN THE COURT OF COMMON PLEAS Trading as Keller Williams of : CUMBERLAND COUNTY, PENNA. Central Pennsylvania, Plaintiff No. 2008-1939 V. CIVIL ACTION DEVANG and ALPA PATEL, Defendants CERTIFICATE OF SERVICE AND NOW, February Cz 2010, I, DEAN E. REYNOSA, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that I did serve a true and correct copy of the foregoing Petition for Writ of Execution upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: C o -rs -n C1-a?r; M By First Class Mail to: e Katie J. Maxwell, Esquire 10 East High Street Carlisle, PA 17013 --? De5n E. Reynosa, Esquire PA Supreme Court ID No. 80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 dre nnosaksfl-law.com OF THFILED-OFFICE PTHI ARY RIJOICE, LLC, Trading as Keller Williams of Central Pennsylvania, Plaintiff V. DEVANG and ALPA PATEL, Defendants 2010 MAR -3 PM 1:23 CUM& ?L' ? J tJ AUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. No. 2008-1939 CIVIL ACTION PRAECIPE TO SATISFY JUDGMENT To the Prothonotary: Please mark the judgment against the above-captioned Defendant(s) in the amount of $14,601.54 satisfied of record, upon payment of your costs only. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Date: February A.-, 2010 By: 2D,n E. csa, Esquire, I.D. #80440 0 arket Street Camp Hill, PA 17011 Ph (717) 737-3405 dre osa(a,sfl-law.com P8.60 i1C.L. N? ct? sos'?? J .2-3.9.3o,7 CERTIFICATE OF SERVICE AND NOW, February c2L, 2010, I, DEAN E. REYNOSA, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Satisfy Judgment upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First Class Mail to: Katie J. Maxwell, Esq. 10 East High Street Carlisle, PA 17013 Uean h. Reynosa, Esquire PA Supreme Court ID No. Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 80440 A . RIJOICE, LLC, Trading as Keller Williams of Central Pennsylvania, Plaintiff V. DEVANG and ALPA PATEL, --)K- Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : No: 2008-1939 : CIVIL ACTION PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Issue writ of execution in the above matter, (1) directed to the sheriff of Cumberland County: (2) against Devang & Alpa Patel the defendants; A LL ' wa..) a L (3) and enter this writ in the judgment index against Devang & Alpa Patel the defendants; (4) Amount due Interest from September 3, 2009 Costs to be added. $ 13,800.00 $ to be determined $ 243.91 plus cost for Writ of Execution Respectfully submitted, SAIDIS, F WER & LINDSAY By: eynosa, Esquire, I.D. #80440 ? 109 Market St., Camp Hill, PA 17011 Ph (717) 737-3405 dreynosaksfl-law.com L P-I-LC ^l,o `r`u.l? ?c> RLEd-4-.IrrICE CIF TNc PROTNO)Nt3TARY 2010 FEB -4 PM 4: 11 CUME! - ;.; COUNTY PENINSnvANLA fytrcl,,sc?«.?c? ? A4 ICE ?l .0.6 -;Lc A?4y 3s . Al I ear+ 3'y. oaf-o4.>- " 11 7s.rc, - << ay. utn - /ly. 00 $1 .t r J;z .qro ?,oo ?A_ ga.va Co 4`, ro K, , ctc`o- a v. ad ?J,,, d3'Y-2,83 / ''? . C r C/CSILj ?? U SS? 0 . .451. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1939 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due RIJOICE, LLC, TRADING AS KELLER WILLIAMS OF CENTRAL PENNSYLVANIA, Plaintiff (s) From DEVANG AND ALPA PATEL, 1440 ARMITAGE WAY, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $13,800.00 Interest FROM 9/3/2009 L.L. $.50 Atty's Comm % Atty Paid $200.41 Plaintiff Paid Date: FEBRUARY 4, 2010 {5? REQU ING PARTY: Name DEAN REYNOSA, ESQUIRE Address: SAIDIS, FLOWER & LINDSAY 2109 MARKET ST. CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-737-3405 Supreme Court ID No. 80440 Due Prothy $2.00 Other Costs $243.91 David D. Buell, Prothonotary By: Deputy 11 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?-;1 ?D- Sheriff r ' Jody S Smith 2010 M _S Fl 2:37 Chief Deputy Edward L Schorpp C??f IV l y Solicitor OFFlU RIFF J d °w ? L. It `r. Rijoice LLC Trading as Keller Williams of Central PA Case Number vs. Alpa Patel (et al.) 2008-1939 SHERIFF'S RETURN OF SERVICE 03/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $62.04 March 05, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF By baron R. Lantz Gr u?y Uiuu C 7W,73 (ci GOLIMYSUIte Sheriff, Tee!eoso't Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1939 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due RIJOICE, LLC, TRADING AS KELLER WILLIAMS OF CENTRAL PENNSYLVANIA, Plaintiff (s) From DEVANG AND ALPA PATEL, 1440 ARMITAGE WAY, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $13,800.00 L.L. $.50 Interest FROM 9/3/2009 Atty's Comm % Atty Paid $200.41 Plaintiff Paid Due Prothy $2.00 Other Costs $243.91 Date: FEBRUARY 4, 2010 (Seal; REQUESTING PARTY: Name DEAN RFYNOSA, ESQUIRE Address: SAIDIS, FLOWER & LINDSAY 2109 MARKET ST. CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-737-3405 Supreme Court ID No. 80440 David D. Buell, Prothonotary By: Deputy