Loading...
HomeMy WebLinkAbout05-2878COURT OF COMMON PLEAS V Nn IN Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. goo 5-. 2g.7W c--. V" i NOTICE OF APPEAL J?oe, 3 9100$ Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. '•^'„c yr,...il' nnnt! MCI )A 6 KI ?"\J` `v i- .ry..fi OrX h? V Y7 Inh )Oy-v o•t q' r I11-1 I his blocK will be signed ONLY when tms notation is requirea unaer Va. It appenent was claimant (see Ya. K.c.mu.J. NO. 111u1(b) In action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this Case. (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon L o nf2 n' Aco [W, ?5 appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. i i00$-` 2 W C;,;, ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. SI natureofappellant or attorney or agent RULE: To L ?5 m(y?()? ?'rJ ,appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: A*Yk- 3 , 20 05". reture rothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ? by personal service ? by (certified) (registered) mail, senders receipt attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS... DAY OF _ 20 _., signature of official befom whom affidavit was made Title of official My commission expires on 20 fAd- tare ?4!rant a ? W sa. v? S Q ?y N ? F AOPC 312A - 02 cis COMMONWEALTH OF PENNSY NIA NOTICE U UD6ENT/TRANSCRIPT COUNTY OF: CUMBERLAND RESIDENTIAL LEASE F o09-1-02 HonROBERT V. MANLOVS 1901 STATIC ST CAMP HILL, PA Telephone: (717) 761-0583 17011-0000 PLAINTIFF: NAME and ADDRE FLONG MEADOW APTS 1 RICHLAND LN APT/STE 105 CAMP HILL, PA 17011 L J vs. DEFENDANT: NAME and ADDRESS FNALASIN, SCOTT A. ET AL- 3 RICHLAND LANE APT/STE 108 CAMP HILL, PA 17011 L J BONNIE MALAKIN 3 RICHLAND LANE APT/STE 108 Docket No.: LT-0000244-05 CAMP HILL, PA 17011 Date Filed: 5/19/05 ?p THIS IS TO NOTIFY YOU THAT: Judgment: FOR ® Judgment was entered for: (Name) LONG MEADOW APTS a Judgment was entered against MALAKIN in the amount of $ ti n ® BONNIE 105.36 on 5/26105 (Date of J in udgment) on ant ac Landlord/Te d b h the Magisterial District Judge, is $ 630 .00. y e The amount of rent per month, as establis The total amount of the Security Deposit is $ 71.00 I d Security Deposit Ap Less IMDJ hed b bli E Adjudicated Amount = s sta Total Amount O O $ O y Rent in Arrears $ - $ . 00 $ P rt .00-$ = 00 y rope Physical Damages Leasehold 00 _ $ p0 $ _ Damages/Unjust Detention $ Less A mt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ .. SRO l?T Judgment Amount $' -00 ment Costs Jud $ 105.36 ? Attachment Prohibited/ g $ 00 42 Pa.C.S. § 8127 Attorney Fees _ 36 105 A; ed without prejudice Total Judgment $ . ? This case ismiss Post Judgment Credits $ ® Possession granted. Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is no sa is le y ime o evlc ion. ? Possession not granted. ? Defendants are jointly and severally liable. RESIDENTIAL IN AN ACTION INVOLVING A TEN DAYS AFTER THE DATE OF ENTRYOF JUDGMENT BY FII LNG A NOTICE OF A PEAL W TH THE PROTHONOTARY/OCLEPOSSSION RK OF COURTSTHIN OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A'JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. ITH FORM JUDGMENT/T F THIS NOTICE COPY T INCLUDE THE PARTY LING AN THE NOTICE EXCEPT AS OTHIERWISE PROVIDED NSTHE RU ES OF CIVILOPROCEDURE FOR MAG STERIALRDISTRICIT JUDG S,IIF THE JUDGMENT F APPEAL. HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT Dt=6YOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. / L/ _ MagisterialnsN Judge cenl Date is a true an correct copy q t e recor o t e rocee ings contain Inge 1u gme.nt. y t at _ Magisterial District Judge : Date My commission expires first Monday of January, 2006 SEA,L,,,.•. aC.'q arsn.n' a Lnr,; c A rn? Sic- u A o ? n A n Pz- O C- v N a T' ? m Pri c ?m C MIC ?ri W H r PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF cc,'I^'t.. ('.vI 44-- . ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pled No. upon the District Justice designated therein on (date of service) ,,,Y-?1 d0 5 r , 20 ? t? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto and upon the appellee, (name) , on 20 ? by personal service ? by (certified) (registered) mail, senders receipt attached hereto (SWORI`.4tkAFFIRMED) AND SUBSCRIBED BEFORF?ME THIS DAY Of\Q , 20 ?] SJgnaf e of o//kval before wh m aJ9da rt wJ as m7aAe Title of ofc/al Signahua of aflien! My commission expires on - nn NO _. W-AL 3U8AN J. Nolry "Ilk AOPC 312A - 02 COM COURT OF COyIMON PLEAS Judicial District, Court?v of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. dt: l ?S-- NOTICE OF APPEAL -r . =cx» Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ...... -• - ^ ^ mn?. a NU. NAME? D J. ADDRESS OF LLANT . 9ANV yll{ ?l / d r'h ?(•l r v' (.? ?, i y? t I 1 tGh ?<; V {. 1 I. y r STATE ZIP CODE J\ i I l I G h C? tC?1 Y_t_ DATE OF J D MENaT -TYRE CASE OF (Plamb/R 1 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this c,pse. 4 I pt7A ent was Claimant (see Pa. R. No. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon rl r ?r? i U G,. ,l 1 r' IV appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. C , ( ) within twenty (20) days after service of rule or suffer entry of lucIment of non pros. Signature of appellant or attorney or agent RULE: To [ appellee(s) Name of appellse(s) (1) You are n,Qtifed that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule u*'yqu b)r er4mnal service or by certified or registered mail. 1 (2)' IfydU do not file a c( ii p' l'a(nt within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. 133 The data of service of this rule if service was by mail is the date of the mailing. f Date. -N 20 ©S'° " Signature o/ mthonotary or Deputy i YOIA MUST INCLUDE A?COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE Housing Assistance Payments Conte U.S. Department of sing (H o tract) and Urban Development Section; 8 Tenant-Based Assistance Office of Public and Indian Housing Housing Choice Voucher Program Part A of the HAP Contract: Contract Information (To prepare the contract, fill out all contract information in Part A.) 1. Contents of Contract This HAP contract has three parts: Part A: Contract Information Part B: Body of Contract Part C: Tenancy Addendum 2. Tenant BONNIE MALAKIN 3. Contract Unit 3 RICHLAND LN #108 CAMP HILL, PA 17011 4. Household The following persons may reside in the unit. Other persons may not be added to the household without prior written approval of the owner and the PHA. BONNIE MALAKIN SCOTT MALAKIN JULIAN MALAKIN JASMIN MALAKIN 5. Initial Lease Term The initial lease term begins on (mm/dd/yyyy): 05/01/2005 The initial lease term ends on (mm/dd/yyyy): 04/30/2005 6. Initial Rent to Owner The initial rent to owner is: $ 630.00 During the initial lease term, the owner may not raise the rent to owner. 7. Initial Housin¢ Assistance Payment The HAP contract term commences on the first day of the initial lease term. At the beginning of the HAP contract term, the amount of the housing assistance payment by the PHA to the owner is $ 246.00 per month. The amount of the monthly housing assistance payment by the PHA to the owner is subject to change during the HAP contract term in accordance with HUD requirements. Previous editions are obsolete Page 1 of 10 form 14UD-52641 (3/2000) ref Handbook 7420.8 David J. Lanza I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 RHODES DEVELOPMENT GROUP, INC. Ua LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENTS, Plaintiffs V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants To the Defendant: NO. 2878 Civil 2005 CIVIL ACTION - LAW IN EJECTMENT 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 defense 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA David J. Lanza I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 RHODES DEVELOPMENT GROUP, INC. Na LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENTS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2878 Civil 2005 CIVIL ACTION - LAW V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants Attorney for Plaintiff COMPLAINT IN EJECTMENT AND NOW, this IfNay of June 2005, comes the Plaintiff, Rhodes Development Group, Inc. Ua Long Meadows Associates, LP and Long Meadow Apartments, by and through its undersigned attorney, David J. Lanza, and files this Complaint, and in support thereof avers as follows: 1. The Plaintiff, Rhodes Development Group, Inc., is a Pennsylvania corporation trading as Long Meadows Associates, LP and Long Meadow Apartments with an address at 1 Richland Lane, Suite 105, Camp Hill, Pennsylvania 17011. 2. The Defendants, Scott Malakin and Bonnie Malakin, are adult individuals residing at 3 Richland Lane, Apartment 108, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant Scott Malakin also has recently resided at Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013. 4. On or about April 28, 2005, Plaintiff and Defendants entered into an Rental Agreement ("Lease") for the premises located at Apartment 108, Camp Hill, East Pennsboro Township, Cumberland County, Pennsylvania 17011, a true and correct copy of which is attached hereto as Exhibit "A." 5. Said Lease has not been assigned by Plaintiffs. 6. On or about May 19, 2005, Defendant Scott Malakin assaulted his wife and various employees and contractors of Plaintiff with a knife. 7. While assaulting Plaintiffs employees and contractors, Defendant threatened to kill the aforesaid employees and contractors. 8. Defendant also threatened the police that arrested Defendant at the time of the aforesaid assault. A copy of the newspaper story that followed Defendant's arrest is attached hereto as Exhibit "B". 9. Defendant Bonnie Malakin told police that she does not want her husband to be prosecuted. 10. Defendant Bonnie Malakin joined in the assault upon Plaintiffs employees. 11. Defendants present a continuing danger to the remaining residents of the apartment complex and to Plaintiffs employees and contractors. 12. Defendants have failed to pay rent to Plaintiff in a timely manner at various times since 2003. 13. The aforesaid Lease requires Defendants to pay unto Plaintiff the sum of Six Hundred Thirty Dollars ($630.00) per month. 14. Defendants have failed to pay any rent for June 2005 except for that portion paid by Cumberland County Housing Authority. 15. Defendants have violated the rules established by Cumberland County Housing Authority, thus jeopardizing past and future rental payments and creating extra work for Plaintiff's employees. 16. Plaintiff has been forced to incur District Justice filing fees in the amount of $105.36. 17. There is justly due and owing to the Plaintiff from the Defendants on account of the aforesaid breaches the sum of Five hundred ninety six and 33/100 Dollars ($596.33), calculated as follows: Unpaid rent through June 2005 Late fees District Justice filing fees TOTAL $452.77 $38.40 105.36 $ 596.53 18. Plaintiffs are entitled to judgment against Defendants in the amount of $596.53. 19. Plaintiffs are entitled to immediate possession of the leased premises at 3 Richland Lane, Apartment 108, Camp Hill, Cumberland County, Pennsylvania 17011. Wherefore, Plaintiffs demand judgment against Defendants, Scott Malakin and Bonnie Malakin for possession of the premises at 3 Richland Lane, Apartment 108, Camp Hill, Cumberland County, Pennsylvania 17011 and for damages in the amount of $596.53, plus costs, interest and additional rent through the time of trial. Respectfully submitted, By: David J. Lanza Attorney I.D. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff 13216-76 VERIFICATION 1, KARRI FRANC/S, Property Manager, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. \S?o Y Date: By: Karri Francis AND NOW, this 4 (11 day of June 2005, the undersigned does hereby certify that he did this date seru a copy of the foregoing Complaint upon the other parties of record by causing same to be deposited in th United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Bonnie Malakin 3 Richland Lane Apartment 108 Camp Hill, PA 17011 Scott Malakin Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 By: jzj,4 David J. Lanza 1-?IT' A E?'??- RENTAL AGREEMENT PARTIES A. This Agreement is made between Property Management, Inc., as Agents for: Long Meadows Associates hereunder designated "Landlord," and the following named Individuals, hereunder designated "Resident." I. Scott Malakin 2. Bonnie Malakin 3. Jasmin Malakin 4. Jullian Malakin 5. 6. SPECIFICS B. It is agreed that no one will live in this dwelling other than those named above. It is agreed that the Landlord rents the Resident the specific dwelling, at the rental charge, security deposit and for the period of time; all as indicated below: SECURITY DEPOSIT UTILITIES C. DWELLING ADDRESS TYPE LEASE DATES MOVE-IN DATE 3 Ri hl d L A t 108 From: 0510112005 c an ane p 2SW To: 04/30/2006 Residentq Camp Hill, PA 17011 03108 MONTHLY RENT SECURITY DEPOSIT PRO-RATA RENT OTHER CHARGES N/A $630.00 $71.00 The Security Deposit in the amount indicated above will be deposited in the account of. Scott & Bonnie Malakin in an interest-bearing account at: PNC On the second (2nd)anniversary of the lease, interest will begin to accrue on the deposit (if it exceeds $100.00) and will be paid to the Resident in accordance with the statutes of the Commonwealth of Pennsylvania. D. It is agreed that utilities shall be paid by the party indicated on the following chart UTILITY LANDLORD RESIDENT Electricity XXXX Gas XX COOKING XX HEATING Oil Water XXHOT & COLDXX Sewage XXXX Trash Removal XXXX Phone XXXX Cable XXXX RENT PAYMENT E. All rent is due and payable by ch eck or money order at the management office on or before the first (1st) day of every month. NO CASH WILL BE ACCEPTED. MAKE CHECKS OR MONEY ORDERS PAYABLE TO and MAIL or DELIVER TO : Long Meadows Associates 1 Richland Lane, Suite 105 Camp Hill, PA 17011 LATE CHARGE F. A late charge of 10% will be add ed to any full or partial monthly rent not received in the office by the 4' of the month. ?' "- Initial ?/ Pagel of4 C ' BAD CHECKS G. Any check not cleared by the Resident's bank will be considered late rent and will be subject to a returned check charge (the greater of $20.00 or the actual amount of fees charged by the Landlord's financial institution) plus the late charge. RENEWAL H. After the initial period, this Agreement Renews Automatically for a 60 day period and continues to renew for 60 day periods unless 60 days' written termination notice is given by either party. Resident may renew this Agreement for one year by written request and at the prevailing market rent for the unit at the property. If Resident wishes to vacate at the end of their initial lease period without further obligation, then Resident must give written notice 60 days in advance of lease expiration date. RENT INCREASE I. After the initial period, the monthly rent may be increased by the Landlord giving 60 days' written notice to the Resident of the increase. MOVE-OUT J. Resident agrees not to vacate the dwelling or move without providing 60 days advance written notice to the landlord. Resident also agrees that any possessions remaining in the dwelling after a move-out are abandoned by Resident, and Resident agrees to pay the cost of removal and disposal of these possessions. Resident agrees to vacate the dwelling at the end of the term, leaving property clean and in good order. Resident agrees to jointly inspect the dwelling with person from management staff, indicating then existing conditions, sign and date form, and give a forwarding address. EARLY K. Resident agrees to be responsible for the monthly rent for the entire period of this Agreement, even if Resident TERMINATION moves out early with or without permission of the Landlord. In addition, Resident agrees to pay a fee in an amount equal to one month's rent to cover costs of refurbishing and renting the apartment if the Resident moves out before the end of the initial period of this Rental Agreement. LEASE VIOLATION L. Resident understands that the Landlord will exercise necessary actions and due processes of law to collect / DEFAULT IN damages and money owing to the property based on the then-applicable laws of Pennsylvania, including RENT eviction proceeding when necessary. All of the provisions pertaining to notice to be given by the Landlord to the Resident as set forth in the Act of April 6, 1951 P.L. 69 are hereby waived by the Resident. All notices required under this Agreement shall be in writing and served on the Resident by mailing same to the address specified above. In the event of default by the Resident (either nonpayment of rent when due, or by the failure to abide by the terms of this lease, or by violation of any governmental statutes or regulations), Resident waives the requirement of any notice to quit. Resident hereby authorizes and empowers any attorney or any court of records of Pennsylvania to appear on behalf of Resident and confess judgment against Resident and in favor of Landlord in amicable action of ejectment of the premises, and Resident authorizes the immediate issuing of a writ of possession for the premises. These powers granted shall not be exhausted by one exercise, and may be exercised during any extension of the initial term of this lease as well as during the initial term itself. DAMAGE M. Damage to the Property caused by Resident, Resident's family, or Resident's guests, will be repaired and costs billed to the Resident and payable on demand. REPAIRS N. Resident must notify management at the office in writing and verbally of any problem in the apartment or house. The Resident will be advised if the Resident should have repairs done by an authorized outside contractor, or if repairs will be completed by the Landlord. ACCESS TO O. Resident understands that management will enter Resident's apartment from time to time to inspect and APARTMENT maintain equipment, appliances, and safety conditions. Advance notices will be given to Resident whenever possible. In case of emergency, no notice is required. CARE OF P. Resident is responsible for keeping the apartment, entryway, patio and grounds clean and neat at all times, and PROPERTY in compliance with the property rules which are hereby made a part of this lease. SMOKE Q. Resident is responsible for maintaining the smoke detector, if installed in the apartment, in working order at all DETECTORS times. NO PETS R. Resident agrees not to have any pet or pets in the apartment without a fully executed pet lease addendum by Landlord and Resident. INSURANCE S. Resident must insure Resident's own furnishings and family. The property insurance does not cover any damages to a Resident or the property of a Resident for any reason, including fire, water leaks, equipment failures, vandalism, theft, smoke, electrical malfunctions, or any cause. WARRANT T. A copy of this Rental Agreement shall be sufficient warrant filed with a confession ofjudgment for rent unpaid or upon confession of judgment in ejectment, by "Landlord" to the local District Justice. SUBORDINATION U. The rights of Resident we subject and subordinate to the rights of any mortgagee which now or hereafter hold a lien upon the Landlord's interest in the Premises. I iti l ?? A N n a . I, Page 2 of 4 TOBACCO V. If Resident elects to allow tobacco smoking in the apartment leased in this agreement, then any unrestored smoke-related damage will not he considered "normal wear and tear". Any additional cleaning, painting, or replacement due to smoke damage may be chargeable to the resident upon move-out. MOLD W. To minimize the occurrence and growth of mold in the Leased Premises, Resident hereby agrees to the following: 1) MOISTURE ACCUMULATION. Resident shall remove any visible moisture accumulation in or on the Leased Premises, including on walls, windows, floors, ceilings, and bathroom fixtures; mop up spills and thoroughly dry affected area as soon as possible after occurrence; use exhaust fans in the kitchen and bathroom when necessary; and keep climate and moisture in the Leased Premises at reasonable levels. 2) APARTMENT CLEANLINESS. Resident shall clean and dust the Leased Premises regularly, and shall keep the Leased Premises, particularly kitchen and bath, clean. 3) NOTIFICATION OF MANAGEMENT. Resident shall promptly notify management in writing of the presence of the following conditions: i. A water leak, excessive moisture, or standing water inside. the Leased Premises. ii. Mold growth in or on the Leased Premises that persists after Resident has tried several times to remove it with household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and bleach. iii. A malfunction in any part of the heating, air-conditioning, or ventilation system in the Leased Premises. 4) LIABILITY. Resident may be liable to Owner for damages sustained to the Leased Premises or to Resident's person or property as a result of Resident's failure to comply with the terms of this section. 5) VIOLATION. Violation of any item in this section shall be deemed a material violation under the terms of the Lease, and Owner shall be entitled to exercise all rights and remedies it possesses against Resident at law or in equity. PROPERTY RULES AND GUIDELINES RESIDENTS AGREE TO 1. Request assistance from the Landlord for instruction and help 11. Playing of radios, stereos, TV or musical instruments between the regarding the operation and care of each appliance or any physical part of the hours of 11:00 PM and 8:00 AM at loud volumes is strictly prohibited. At no apartment including doors, windows, lights, plumbing, floors, walls, and the time may any noise be audible outside of the spartment/house. appliances. 12. Only standard picture hangers may be used for hanging pictures, 2. Patios, balconies, and windows may be decorated with plants, mirrors, etc. No adhesive hangers may be used. hanging baskets, and lawn furniture. Do not use patios or balconies for storage or trash removal. 11 The use of water from the premise for the purpose of washing cars is prohibited. Maintenance and/or repair of any vehicle for any reason on the 3. Provide own light bulbs (of proper size) fuses, and starers. premise are prohibited. All vehicles must be properly inspected, maintained, and licensed. 4. Use trash containers properly. Keep sidewalks, and lawns free of personal items, papers, trash. 5. Conserve energy and assure safety by not installing additional appliances or equipment other than normal home items. Prior permission of the Landlord must be obtained. 6. Comply with the laws of theseveral governmental units controlling the property area. 7. No additional safety/security, locks are to be installed without written permission from management. No locks may be changed without written permission. 8. No supplementary cooling devices (i.e. window air conditioners) are permitted without express written permission from Landlord. 14. Waterbeds are permitted only with proper insurance verification provided to the management annually. 15. The apartment or house is to be used solely as a residential dwelling unit, and may not be used for any business purposes. The Resident agrees not to utilize the apartment or house to conduct any business or to house any business of any size, for any purpose, for profit or otherwise. 16. Resident will comply with any additions to these rules enacted by the Landlord. Violation of the lease or any of the rules and guidelines of the lease and the rental property shall be sufficient cause for termination or eviction at the option of the management. 17. Carpets most be professionally shampooed upon move out and receipt provided to management. 9. Under no circumstances are any supplementary heating devices permitted in any apartment or house. Supplementary heating devices include kerosene heaters, wood stoves, space heaters, gas heaters, electric heaters, camp heaters, etc. These heating devices and their fuel constitute a grave fire hazard. Any use of such device will be in direct violation of this lease. Storage of any flammable substances in any apartment or house is prohibited. 10. Parking is permitted in designated parking areas only. No buses, large trucks, trailers, boats, or any other over-sized vehicles may be parked on the property without express written permission from Landlord. Initial -4J-' Z - •? kA ` 18. Action by Resident or Guests, that cause Police Action, or deprive the right of quiet enjoyment of other residents, is cause for eviction. 19. Resident must notify the Property Manager if Resident will be away from the apartment longer than seven days. 20. No wires or cables of any kind are permitted to be run along the outside of any apartment. Resident will not install any satellite dish or antennae without obtaining written permission from Landlord and signing a satellite dish owner's addendum. Page 3 of 4 PROPERTY MANAGEMENT, INC. As Agents For: Long Meadows A oci s D Signed in the Presen f: By: ate ? x Das Date Resi ent Dan .? ^1 za z_?s Date Resident Date Date Resident Date Date Resident Date Resident Date Date Resident Date Page 4 of 4 EXHIBIT B rcrrrrr.ivc.cunr s rnukcr-rucuucy rayc P41 Ing Spouse kicked wifels head, had knife, police say Saturday, May 2t, 2005 Cdr s Of T he M IPatr 081 Clo t Of An employee of Long Meadows apartments saw a man kicking his wife in the head Thursday in the parking lot of the East Pennsboro Twp. complex, police said. When the worker yelled at the men and told him to stop, the man brandished a knife, chased the worker and threatened him, saying "Even if 1 go to jail, I'll kill you when I get out," arrest records say. When the employee got away, the man went after a second employee and punched him in the face, police said. Police arrived and took Scott Malakin, 42; into custody. Police said Malakin went on a Profane rampage atthe police station and during the trip to Mount Holly Spring0to be arraigned before District Judge Susan Day on charges including simple assault and making terroristic threats. Police said the sb uggfe l with officers and spit on Lt. Mark Green and later threatened to kill Green and Patrol 61ficer Adam Shope. "He stated repeatedly he was going to kill them when he got out of jail," East Pennsboro Twp. Chief Dennis McMaster said. Police said Malekin had . fiber shells in his pants pockets, which prompted them to get a warrant to search his apartment. They setted two handguns and two rifles, including a version of an AK-47 assault rifle with several loaded dips, McMaster said. This dafendant definitely had the means to carry out his threats," McMaster said. Malaki remains in Cumberland County Prison in lieu of $100,000 bail. A preliminary hearing is set for Wednesday before Distrid Judge Robert V. Manlove. McMaster said Malakin s wife told officers she does not want the lose prosecuted. "She claims since she wasn't calking for help, police had no business getting involved," McMaster said. Police have several witnesses and plan to prosecute. More charges are being reviewed by the district attorneys office, McMaster said. Long Meadows management began eviction proceedings against the Malakins, a Manlove spokeswoman said. In recent weeks, women in Fredericksburg, Lower Allen Twp. and Harrisburg have been killed in cases authorities think relate to domestic violence. rag,- 1 ul c http://www.pennlive.com/printer/printer.ssp/base/news/1116667267270180.xml 5/22/2005 IcL11L1vc.wlllJ railltci-riiciuuiy ra?c McMaster said domestics are the most frequent assault cases handled by police in East Pennsboro. "And every time there's a violation of the law, we want to make an arrest," he said. "Men who beat their wives and gir iends only get worse." FRANK COZZOLI: 975.9797 or fooaoli@patdot-news.com HOW TO GET HELP To find help in your area, call the National Domestic Violence Hotline at (800) 799• 7233 C2005 The POW-News O 2005 PennLive.com All Rights Reserved. i agc?VI? h4://www.pennlive.r,om/printer/printer.ssP?/base/news/1116667267270180.xml 5/22/2005 n ?n L7 - ? l `?ti fl 5c=tr P ?ci 1.. YlFf? L!' d c., d CL,L Co r°-t ?, ll t / J. C uil Tc r?c P la, h o RES?or,S L? f S h f-c_ - cACy?.2;-rc:..l ct 5 U ?? S tLir? C f- IVY, T? c"t 3 Y` fCil??`Y ? °? n[ 3 iJ 'r Y?I L - T Lt1 ci nor Ncy,e h, tYlvrrFza ?n{??c S Lx?lh?l- ?15 ?}{Vr?c? ?Y(Pi?yli?. c;iNt? SY7c?.rl(? ;r b<- co ? M. ' k ?jL- C.(\>Cl r,5 t?:I del"C L.. c Nr C n:-...? rc•ti. t ._YI?E S?,?tc\\,•I.:..?_Ci?-1.I.eia?..-..'c-t'c.?-, '?'?,I?. ?=t{`+??°l N_ l??s. C} 1't Yl+.GhL ?,.-?'?_ rw 1_d}ewl 4tn"I,d3 KF _ Sc) Yne c?? yam,^?_ ?I,YZ-',h de c?_S?? ?lel + t ?jc??5 _k t'he- ??hY r9t-1c ? i''GC•,-, c '?1^,? ?`! ?c_. _ C:{c V'?rc11 cU Frog coj ?? =y?tllt _vvtSc?Ox cl h? }-?cb}rn5 Shu ?lci VICA be 5tga(? Suds 4rnl v 'tile- ve Q)`G W)C{h S 1 c1c t!_ Z i-S 1? . r?+ +Y?:L . ?h:r?z nJ CviM in?11 GI'lc°s. j :?rc•^ 'S I t . ? c7w nn? (Y)c lc kw ? ?.? ?hC Pelf ac(Ld Y'esicil. g III 3 Qschjahc? 1 crn, 3f3-1 LCa!r r?,\1s(,bL>icc? 1 rvh1,(Y)oill?Ic ?Gh,_JtiCcIG??rG )ao1 1!id b[tn ar i?c(t SFr t !?? cr Cj h.- ;LL' CltSC I,)qcj tt .y F4-?M C1k:1 'Nlu, [?yf Cr?..T (nU iF rrS lull ?ei2 U?tcnuo? ? heu2 ??. 1? '1-r? t?n? 1 a) etc 11 r I3 ? ?-ra I `'j? '? c} CGr-+'Yc?- u ?huv?. (?I ?c1 4V1.? ?^ti?>- k i he ic?? f hC.1;c .?1 [j to ?}?-c. uv»c«nh c,F ? ?S:C; ?? \1? yl?{ '1v?Z- rat rent hos 6,ler\ 1?1 c? Ir'1 ecrcLu ?aGV16J<.'14,-,,t C'ccnf? Coa:?f 1f ='?[sc, :.'4'?IeCr ?," }tk:??'? 1?C GL--e t'VU \ J r dq<- '1 C1 on C,.in- .tS ru?- (Cv-: CGI- - n 4-L 9 59?-,53 VO PICInt 1??5 Shccrld' hoj 1.)L ?ICV? u? 3 Rich 1?, t )G rC 3) 2 "l o. '?)err-fcre.' c)u-»oHJS' ; GC4hk=t 1- G?gln`sF? Vk, ?`Ctlh+(r?S o _1 GU=I. _NC, (,eni.- Gr` laiz r-PCS v : Kenn c ? t ?uk? SXClent ?"z' ` + `l t ?, f Sht lt;? c,?tS Vi'1•l-t;lc ?hZ+r r,vespct1;Z i-c fhz CC"P)4r: JtA- i-ec (c ,j Corr-eq i, t z bt sy Gc_ { Cv? ?r? d 9t ?h fUrmcFricr Q-+-ei- h?L11;te 1? 11?c1c 3/¢?? `ll? j?ctlS? PzV)C, Ht, ,li ??lF 1, 3cc X3.3 -?/A 4 ?Cn+? e. ?? /C??eGitr r n a o r_ ? i Q J? ? LJ ( 1l r C; n =r cn David J. Lanza I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 RHODES DEVELOPMENT GROUP, INC. t/a LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENTS, Plaintiffs V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants, TO THE PROTHONOTARY: Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2878 Civil 2005 CIVIL ACTION - LAW IN EJECTMENT Enter judgment by default in favor of the Plaintiff, and against ONLY the Defendant, SCOTT MALAKIN for possession of the premises at 3 Richland Lane, Apartment 108, Camp Hill, Cumberland County, Pennsylvania 17011 and for damages in the amount of $596.53, plus costs, and interest, by reason of the failure of the Defendant to enter an appearance or to file an Answer within 20 days of the date of service of the Complaint endorsed with a Notice to Defend. It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendant, SCOTT MALAKIN at his last known address on July 11, 2005; said notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the aforesaid notice, together with receipts for mailing, are attached hereto and made a part hereof. Respectfully submitted, David J. Lanza Attorney I.D. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 ?'t S ?? y- Attorney for Plaintiff Dated: David J. Lanza LD, No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 RHODES DEVELOPMENT GROUP, INC. t/a LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENTS, Plaintiffs V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants, TO: Scott Malakin Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Date of Notice: July 11, 2005 CIVIL ACTION - LAW IN EJECTMENT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 David J. Lanza 2157 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Plaintiff yp p;" ?kw Attorney for Plaintiff 1. IN THE COURT OF COLON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2878 Civil 2005 ¦ Complete items 1, 2, and 3. Also complete "am Print' Restricted Delivery is desired. ¦ Pdnt our name and address on the reverse sot we can return the card to you. ¦ Atta this card to the back of the mailplece, or on he front if space permits. 1. Article Addressed to: SCJ\ ' 1 Q ??V? 1? G 1 ;? 04 t-tok3 A. 0. Date of D. Is delivery address different from item 17 U Ye: If YES, enter delivery address below: ? No 3. Service Type R Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise 4. Restricted Delivery? (Extra Fee) ? yes 2. Article Number --I o o?f (35D 006( q310 01 f y (transfer fmm service label) PS Form 3811, February 2004 Domestic Return Receipt w2s9ev2-10-1 a ; G a j I-D `sv David J. Lanza I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 Attorney for Plaintiff RHODES DEVELOPMENT GROUP, INC. Ua LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENTS, Plaintiffs V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants CIVIL ACTION - LAW IN EJECTMENT PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT David Lanza, counsel for Plaintiffs in the above captioned case, respectfully represents that: 1. The above captioned action is at issue. 2. The claim of the Plaintiff in the above action is for possession of real property and for damages in the amount of $596.53, plus costs, interest and additional rent through the time of trial. There is no claim of Defendant. The following attorneys are interested in this case and disqualified to act as arbitrators: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2878 Civil 2005 David J. Lanza Wherefore, Plaintiffs request that this Honorable Court appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, By:_ /1 ? David J. Lanza Attorney I.D. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff ORDER OF COURT And Now, Esq., and captioned action as prayed for. Esq., are appointed as arbitrators in the above By the Court: J. 200, in consideration of the foregoing petition, Esq., and 13216-76 CERTIFICATE OF SERVICE AND NOW, this 26 h day of August 2005, the undersigned does hereby certify that he did this date serve a copy of the foregoing Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Bonnie Malakin 3 Richland Lane Apartment 108 Camp Hill, PA 17011 David J. Lanza Attorney for Plaintiffs 1 7 ' r N CIO C ~ V CTI ? ;V `? Wherefore, Plaintiffs request that this Honorable Court appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, By David J. Lanza Attorney I.D. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff ORDER OF COURT And Now, 200_2 rin consideration, of the foregoing petition, Esq., and Esq., and Esq., are appointed as arbitrators in the above captioned action as prayed for. By the Court: PJ. 13216-76 1 :I I HP L- '^a ju'OZ 1 led f? vs. In the Court of Common Pleas of Cumberland County, Pennsylvania a ao?s- -7 / 4!? Civi1.4 No. To Prothonotary 19 Attorncy for P itmrt /& G? dyyt?L No. Term, 19 vs. PRAECIPE 19 Atty. R140DES DEvCLoP,"ENr ORorp, /N4 . In The Court of Common Pleas of Cumberland f?y Lomb Ni'APOWS Plaintiff v. ,$'C.oTT MALAKiAt q 3DAW1E mAu4K,ti Defendant County, Pennsylvania No-OS' - 2 8 70 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. 0h4 & Signature IYI;444,w A. Saver Name (Chairman) Q *ar:c- , & t. t 4 .5?4<rc, Law Firm /9 A/ J"f-I. st Address o?A r1;s14 ?A- 1?013 city, zip *Ie 4111 U (? s Name Law Firm (o X/{qk (? A da-, d (/?, ? i?t to VA (7ai3 City, zip /a(/ay Award Signature MA.chael b. Mutfe?- Name Lo,ytq, FAc?1 y" 'r PA/Jon Law Firm 52,15 rKOAJ Sft STE • 30q Po R+ox iz4S e rr, S by PA I 1101-12q city, zip - J i/ 6? ?; We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) For -'ht- v(oke,% 4 ;? -IAc aMO?, ! .{ 4 3, 177. 36 lr.u 4w4/c(" ?+LSGSSior7 2f 3 R,?1•?14,? Lcnc Ao+ IoS oN Mart,4 1, ZOO(, Arbitrator, dissents. (Insert name if applicable.) /'30. 06 4z it^k w a Date of Hearing: ?/Li ??+? ? • ,'r'?' (Chairman) Date of Award: / Jo • ab 1?/ xl a ^.dW f x ?,5', Notice of En y of Award D Now, the day of 2ttt/t , 2006 , at ay /..M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: Pioth otary $ ;?U ?11 By: Deputy J ?1l ?'S4 ft _ R y' K h.' `l V? 1 David J. Lanza I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 RHODES DEVELOPMENT GROUP, INC. t/a LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENTS, Plaintiffs V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants, Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2878 Civil 2005 CIVIL ACTION - LAW IN EJECTMENT PLAINTIFFS' PETITION FOR PAYMENT FROM ESCROW PROCEEDS Plaintiffs constitute the owner of the rental property in which Defendant Bonnie Malakin currently resides (3 Richland Lane, Apartment 108, East Pennsboro Township). 2. Plaintiffs have filed a Complaint to the above captioned term and number seeking ejectment against Defendants. 3. Defendants have not disputed Plaintiffs' entitlement to the rental proceeds. 4. Plaintiffs have obtained a default judgment against Defendant Scott Malakin. 5. On January 30, 2006, Plaintiffs obtained an arbitration award against Defendants in the amount of $3,177.36, in addition to possession of the premises. A true and correct copy of the Award is attached hereto as Exhibit "A". 6. On February 1, 2006, additional rent in the amount of $630.00 became due and owing pursuant to the Lease attached to Plaintiffs' Complaint. 7. Defendant Bonnie Malakin continues to occupy the premises. 8. Plaintiffs are entitled, pursuant to Rule 1008 B of the Pennsylvania Rules of District Justice Procedure, to payment of at least the amount of $ 3,807.36, calculated as follows: Arbitration award 3,177.36 February rent 63.0.00 Total 3,807.36 9. The Prothonotary has collected, pursuant to Pa Rule of District Justice Procedure 1008, rental proceeds in excess of the amount Plaintiffs seek in this Petition. Wherefore, Plaintiffs request this Court enter an Order directing the Prothonotary to release to Plaintiffs the amount of $ 3,807.36 from the escrowed rental proceeds. Respectfully submitted, By: yam; h - David J. Lanza Attorney I.D. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiffs 13216-76 I, David Lanza, attorney for Plaintiffs, verify that the statements made in this Complaint constitute legal conclusions, matters of record and undisputed matters. The aforesaid statements are true and correct to the best of my knowledge, information and belief. 1 understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. J Date: { (? , By: r David Lanza AND NOW, this 6`s day of February 2006, the undersigned does hereby certify that he did this date serve a copy of the foregoing Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Geoffrey Biringer, Esquire 401 East Louther Street, Suite 103 Carlisle, Pa 17013 11 ;t t f ji1 Bv: lti l David J. Lanza RM008 S bXvEeaP,neNr 012ovP, IN< . In The Court of Common Pleas of Cumberland 4oN& Me`AAOwS Plaintiff V. County, Pennsylvania No.O S - 2F 70 .5c-orT MAcAkiN ?NN/E MAt-4k,/J Defendant 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. ?*%& Signature Rl6?4o A- S,,uv Marne (Chai.:mau) , 'ligna Name I r Signature M Chael D. MA,i{e(? Name Law Firm 19 W ,?-4vk4 .St Address '?& 7dlr IL Law Fi m / LO'vvr1 ,4(vft,y" t r?ism Law Finn Zz5 rhurte f 5fi S e • 30,q Po box la4 S Garlisl? ?A- 17°t3 ?' 1s1e__? l l )0/?r r?Isbvr }?? 17101-12` 5 -- dip City, Zip Cuy, 7ip City, Award we, the underSi-ned :-l)aratorS, (:a1'7ng beCil diily uppollltud WId sworn for afJIrP1Cd), I1TL'+e ille follo,aving award: (Note: If damages for delay are awarded, they shall be separate'k, stated.) For +he vlai. Kr-( i•. -Ihe- emov,. ,.( # 3, 177. 3b _ 3 R?l.cc ?,t U-e, /?v? 10R o? /2'1a??1 t, zo?6. Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 1.39-06 (Chan=t) Date of Award: l ' 30 Db ?l Y 3t' a. Notice of En y of Award Now, the 5 day of ZU(UaI , 20j?_, at ?.a /..M., the above award was entered upon the docket and notice thereof ei6en by mail to the parties or their attomevs. Arbitrators' compensation to be paid upon appeal: S / (t By: Froth otary Deputy rv?? _ ?..? i .,?1 . ? -n ??? . . ; T T ? 1 , ` - i ? ' ?, ?_ -11 " 4? ' t Y L,? David J. Lanza I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 Attorney for Plaintiffs RHODES DEVELOPMENT GROUP, INC. t/a LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENTS, Plaintiffs V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2878 Civil 2005 CIVIL ACTION - LAW IN EJECTMENT ORDER And now, this 7i%y of February, 2006, a rule is issued upon Defendant Bonnie Malakin to show cause, if any she has, why the relief requested in the aforesaid Petition should not be granted. Rule returnable within days after service by regular mail upon counsel for Defendant. J. ?? n t ? ,( ? _, ? ?:n:? ?" Q r, c, ? •<, :?? J ?.?? ??n? RHODES DEVELOPMENT GROUP, INC. t/a LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENT Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2878 Civil 2005 SCOTT MALAKIN and : CIVIL ACTION - LAW BONNIE MALAKIN, Defendants : IN EJECTMENT NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS Notice is given that Bonnie Malakin appeals from the award of the board of arbitrators entered in this case on February 1, 2006. I hereby certify that application has been made for permission to proceed in forma pauperis. eoffre . B ringer Attorney for Appellant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. I13#18040 RHODES DEVELOPMENT GROUP, INC. t/a LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENT Plaintiff V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2878 Civil 2005 CIVIL ACTION - LAW IN EJECTMENT PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS APPEAL FROM AWARD OF BOARD OF ARBITRATORS Defendant, Bonnie Malakin, by counsel MidPenn Legal Services and Geoffrey M. Biringer, Esquire, respectfully requests this Honorable Court to grant her leave to proceed "in forma pauperis," in her appeal from the award of the Board of Arbitrators in the above-captioned action, and represents as follows: 1. Defendant resides at 3 Richland Lane, Apt./Ste. 108, Camp Hill, Pennsylvania 17011. 2. On January 30, 2006, the Board of Arbitrators, after hearing, awarded possession of the apartment in which Defendant and her children reside. 3. Defendant wishes to appeal said award of the Board of Arbitrators, as she believes her case is meritorious, and because an eviction from her apartment would create substantial expense and hardship for her family. 4. Defendant is unable to pay the costs of filing this appeal, as shown by the attached Affidavit in Support of Petition for Leave to Proceed "in forma pauperis; (See, Exhibit, "A"), which is incorporated herein by reference, and by the fact that she is eligible for and receiving free legal assistance from MidPenn Legal Services, Inc. 5 Defendant requests an Order relieving her from paying any and all filing fees and other costs in pursuing this appeal. WHEREFORE, Defendant prays that the requirement that they she prepay the filing fee and other costs to file her appeal from the award of the Board pf Arbitrators is waived, and that she can be granted leave to proceed "in forma pauperis." Respectfully submitted, MIDPENN LEGAL SERVICES By: Geoffrey M. Biringer 8 Irvine Row Carlisle, PA 17013 (717)243-9400 ID#18040 The above-named Defendant, Bonnie Malakin, verifies that the statements made in the above Petition are true and correct. Defendant understands that false statements herein are made subject to the penalties if 18 PA.C.S.A.§4904 relating to unworn falsification to authorities. Date: 4- 1 - Bonnie Malakin RHODES DEVELOPMENT GROUP, INC. t/a LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENT Plaintiff V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2878 Civil 2005 CIVIL ACTION - LAW IN EJECTMENT AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Defendant in the above-captioned matter and because of my financial condition, am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of the litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Bonnie Malakin Address: 3 Richland Lane Camp Hill. Pennsylvania 17013 SSN 456-23-8773 (b) If you are presently employed, state: Employer: NIA Address: Salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: Ex. "A" (c) Other income within the past twelve months: Business or profession: Other self-employment Interest Dividends: Pension and Annuities: N/A Social Security Benefits T040/per month Support Payments N/A Disability payments : 400/per month Unemployment Compensation And supplemental benefits N/A Workmen's Comp. N/A Public Assistance N/A _ Other : $100/mo. Disability-pension (d) Other contributions to household support: (husband) Name: Scott Malakin (MH facility) If your husband is employed, state: N/A Employer: N/A Salary or wages per month: NIA Type of Work: N/A Contributions from children: $0 (e) Property owned Cash: none Checking Account: none Savings Account: none _ Certificates of Deposit: none Real Estate (including home): None _ Motor Vehicle: 2000 Chevy Malibu Stocks/Bonds: None (f) Debts and Obligations Mortgage: Rent: $385/mo. w/subsidy Loans $70/mo. Credit cards_ Other: Doctor visits($85)utilities($210);food($200 ;clothing($50);transportation ($120) (g) Persons dependent upon you for support: Jasmine(I8), Julia (11-disabled) 4. I understand I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.§4904 relating to unworn falsification to authorities. Date: Bonnie Malakin RHODES DEVELOPMENT GROUP, INC. t/a LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENT Plaintiff V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2878 Civil 2005 SCOTT MALAKIN and BONNIE MALAKIN, Defendants CIVIL ACTION - LAW IN EJECTMENT ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS Upon reviewing Defendant's Petition for Leave to Proceed "In Forma Pauperis," in Appeal from Award of Board of Arbitrator's, and finding that such relief is proper, it is hereby Ordered that Defendant is granted leave to proceed "In Forma Pauperis," and that the requirement that they prepay filing fees and other costs is waived. the Court: a/? J. ?.? s=-_. r ?, ?, ?,. -S 3 ? ?, .s a ti ? F ?? >. i' `? ?• ? Z ?? ?~ r,. ..y ,.'t .. ._. .. RHODES DEVELOPMENT GROUP, INC. : IN THE COURT OF COMMON PLEAS t/a LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENT Plaintiff V. OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2878 Civil 2005 SCOTT MALAKIN and BONNIE MALAKIN, Defendants CIVIL ACTION - LAW IN EJECTMENT PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS APPEAL FROM AWARD OF BOARD OF ARBITRATORS Defendant, Bonnie Malakin, by counsel MidPenn Legal Services and Geoffrey M. Biringer, Esquire, respectfully requests this Honorable Court to grant her leave to proceed "in forma pauperis," in her appeal from the award of the Board of Arbitrators in the above-captioned action, and represents as follows: 1. Defendant resides at 3 Richland Lane, Apt./Ste. 108, Camp Hill, Pennsylvania 17011. 2. On January 30, 2006, the Board of Arbitrators, after hearing, awarded possession of the apartment in which Defendant and her children reside. 3. Defendant wishes to appeal said award of the Board of Arbitrators, as she believes her case is meritorious, and because an eviction from her apartment would create substantial expense and hardship for her family. 4. Defendant is unable to pay the costs of filing this appeal, as shown by the attached Affidavit in Support of Petition for Leave to Proceed "in forma pauperis," (See, Exhibit, "A"), which is incorporated herein by reference, and by the fact that she is eligible for and receiving free legal assistance from MidPenn Legal Services, Inc. 5 Defendant requests an Order relieving her from paying any and all filing fees and other costs in pursuing this appeal. WHEREFORE, Defendant prays that the requirement that they she prepay the filing fee and other costs to file her appeal from the award of the Board pf Arbitrators is waived, and that she can be granted leave to proceed "in forma pauperis." Respectfully submitted, MIDPENN LEGAL SERVICES By: c a? Geoffrey M. Biringer 8 Irvine Row Carlisle, PA 17013 (717)243-9400 ID#18040 The above-named Defendant, Bonnie Malakin, verifies that the statements made in the above Petition are true and correct. Defendant understands that false statements herein are made subject to the penalties if 18 PA.C.S.A.§4904 relating to unsworn falsification to authorities. Date: Alev V Bonnie Malakin RHODES DEVELOPMENT GROUP, INC. t/a LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENT Plaintiff V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2878 Civil 2005 CIVIL ACTION - LAW IN EJECTMENT AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Defendant in the above-captioned matter and because of my financial condition, am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of the litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Bonnie Malakin Address: 3 Richland Lane, Camp Hill, Pennsylvania 17013 SSN 456-23-8773 (b) If you are presently employed, state: Employer: N/A Address: Salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: Ex. "A" (c) Other income within the past twelve months: Business or profession: N/A Other self-employment N/A Interest N/A Dividends : : N/A Pension and Annuities: N/A Social Security Benefits 1,040/per month Support Payments N/A Disability payments : 400/per month Unemployment Compensation And supplemental benefits N/A Workmen's Comp. N/A Public Assistance N/A Other : $100/mo. Disability pension (d) Other contributions to household support: (husband) Name: Scott Malakin (MH facility) If your husband is employed, state: N/A Employer: N/A Salary or wages per month: l Type of Work: N/A Contributions from children: (e) Property owned Cash: none Checking Account: none Savings Account: none Certificates of Deposit: none Real Estate (including home): None Motor Vehicle: 2000 Chevy Malibu Stocks/Bonds: None (f) Debts and Obligations Mortgage: Rent: $385/mo. w/subsidy Loans 70/mo. Credit cards Other: Doctor visits($85)utilities($210)•food($200)?clothing($50)•transportation ($120) (g) Persons dependent upon you for support: Jasmine(18); Julia (11-disabled) 4. I understand I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.§4904 relating to unswom falsification to authorities. Date: Bonnie Malakin -? ,. -A `?_ RHODES DEVELOPMENT GROUP, INC. : IN THE COURT OF COMMON PLEAS t/a LONG MEADOWS ASSOCIATES, LP : OF CUMBERLAND COUNTY, and LONG MEADOW APARTMENT Plaintiff V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants PENNSYLVANIA No. 2878 Civil 2005 CIVIL ACTION - LAW IN EJECTMENT NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS Notice is given that Bonnie Malakin appeals from the award of the board of arbitrators entered in this case on February 1, 2006. I hereby certify that application has been made for permission to proceed in forma pauperis. ?'Geoffre M. B ringer Attorney for Appellant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID#18040 ?; David J. Lanza I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 RHODES DEVELOPMENT GROUP, INC. t/a LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENTS, Plaintiffs V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants, CIVIL ACTION - LAW IN EJECTMENT PLAINTIFFS' PETITION TO MAKE RULE ABSOLUTE 1. Plaintiffs filed a Petition in this case for the release of escrow payments on February 6, 2006. A true and correct copy of the aforesaid Petition is attached hereto as Exhibit "A". 2. This Court entered a Rule to Show Cause on February 9, 2006. A true and correct copy of the Order is attached hereto as Exhibit "B". 3. Plaintiffs served the aforesaid Order on Defendant on February 11, 2006. A true and correct copy of Plaintiffs' service letter is attached hereto as Exhibit "C". 4. Defendant has failed to file an Answer to the aforesaid Petition. 5. Plaintiffs are entitled to the escrowed proceeds pursuant to Rule 1008 B of the Pennsylvania Rules of District Justice Procedure. Wherefore, Plaintiffs request this Court enter an Order directing the Prothonotary to release to Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2878 Civil 2005 Plaintiffs the amount of $ 3,807.36 from the escrowed rental proceeds. Respectfully submitted, By. David J. Lanza Attorney I.D. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiffs 13216-76 I, David Lanza, attorney for Plaintiffs, verify that the statements made in this Complaint constitute legal conclusions, matters of record and undisputed matters. The aforesaid statements are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: Y David Lanza AND NOW, thislth day of March 2006, the undersigned does hereby certify that he did this date serve a copy of the foregoing Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Geoffrey Biringer, Esquire 401 East Louther Street, Suite 103 Carlisle, Pa 17013 By: 1 David J. Lanza David J. Lanza I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 RHODES DEVELOPMENT GROUP, INC. ua LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENTS, Plaintiffs v. SCOTT MALAKIN and BONNIE MALAKIN, Defendants, PLAINTIFFS' PETITION FOR PAYMENT FROM ESCROW PROCEEDS I_ I'I,?inlil?lr, ?'on?aitul? Ih. ????n_r nl thr rrnlal Iv?rl?rrl? iii ??I:irl1 I)rlen?l.inl Itrnnlr \1;11;11.in umlr III", 1c,ulc? I ; kmli IIId L.iIw, AlrIt u ?: ni i(6, l 1,1 I'enii,'?o n, iw..n,ILii't ?. P1,611611,; ha%c tilcd a ('ontplaint to dic allme captioned term and nllnlher scckim, cjectmcnt nl?ain?t Ik?llrnd;utts. i. Defendants have 1101. disputed I'laintills• entitlement to the rental proceeds. 4. Plaintiffs have obtained a default judgment against Defendant Scot( Malakin. 5. On Januarv 30, 2006, Ptaintifls obtained an arbitration award against Defendants in the amount of $3,177.36, in addition to possession of the premises. A true and correct copy of the Award is attached hereto as Exhibit "A'•. 6. On February 1, 2006, additional rent in the amount of S030.00 became due and owing pursuant Attomea for I'laintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2878 Civil 2005 CIVIL ACTION - LA.Vi IN EJECTMENT to the Lease attached to Plaintiffs' Complaint. 7. Defendant Bonnie Malakin continues to occupy the premises. 8. Plaintiffs are entitled, pursuant to Rn1e 1008 B of the Pennsylvania Rules of District Justice Procedure, to pa%mcnt of at least the amount of$ 3,807.36, calculated as follo:vs: Arbitration award 3,177.36 Fehruai} rent 610 OD iotai 3,SO7.30 II. n!' Prntlb? it '1,11 IA', CI )IiCCtCd l?IIIMKIH LII Pa Itlll;_ Ul DlstrCt J!I<?JC: I'iJCC?_Ir1I? lOQQ, rental i %?hrrcG?rc, III iietiIl; r_yues( tllis Coup enter an O!&I. dircciin_ th,_ PI (.01,notar, to rcl?a:c to P1,611WI.lilr:u I,I `, ""N'07 i1, Iilnn 0! r,crrue l renL1i lv,IIrrd. Kcsprclfull? sUbmi;tcd, i I David J. Lanza Attorney I.D. No. 55752 2157 Market Street Camp I lill, PA 17011 Yclephonc (717) 730-3775 Attorney for Plaintiffs 1321(,-76 VERIFICA11ON f, David Lanza, attornc? for Plaintiffs, vcrify that the statements made in this Complaint constitute legal conclusions. matters of record and undisputed matters. The aforesaid statements are due and correct to the best of'my LnoMCd2C, information and helict: I understand that false stauements made herein sire ni_idc Subject to the penulti?•s of I E Pu. C.?..1 j 1901. relating to un;%wrn Ctlsification to authorities. I):nid Lance CERTIFICATE OL S •.RVICIi AND NOW, this 6"' day of Vebruary 2006, the undersigned does hereby certify that he did this date serve a copy of the. forcgoing Complaint upon the other parties oY record b} causing same to be deposited in the United States Mail, first chiss postage prepaid, at Camp I Iil1, Pennwlvania. addressed as I't llows: Geollrey Biringer, Lsquire 4([ ;fu;t LOLI[IcrSt'oet, SWIe Ill C n lk1c, Pa 1701 It?- I )acid .I. kw/'l RN°? 5 DcvttoPn, Hr C?ROV?, tn< ¢?q LoNG meApowr P'.i:r? v. OTT MAL4k1N "ALhn,,j In Th. Gra:t of Cc:n.?r?7 ?!_a? o.` C'?:,r,hcrl?.:?. l.outttV', i'en_syl-,ania \o-O S= 2 8 70 Oath e d? so,?m:i1y s«'czr (01 ??inn1 that w-- will Is obey' a ii defe-:? tfte Coa:itt.ti-n of tl- 5t3tZS r1i1d Ih9 CoR5t1 iL!tlO Cl OC L'11S Cof!l1t OI1tCe2iC11 C?nd Cil :l[',C.', R't11 ?13Cha'_? I:,? dLl [I?S ?C G.:: 0:' CC ?5 W S?„f l S? l?vtr`{ ? rr-n<? 17 `? ctr`?j r ? -c????f ? 5 on ?'U °•o F 1'4 ,? I 3, 177. 36 3 Tutl,lc c? Lt t /{F} Io4, o? /3?Grcl r, Lo?6. A rbitrttor, dissents. ('[nscrt nalnc if app Iicaa c.) tChai;?n 1) Notice of Lut of Award Now, tllc l' dayoC at L. th_,ahnv t--k,-;1 R tCi'J?I l''-:'Jtl th'J IIO:IJJt tlil?l 11otiCx ti1C(CUt Clv eil bV Ill:lll to the h'rttCS OC S[Y'!C :Itt?;^' ?. '?Chll!';ItV I'S' CUtllO, Il.+',tftOll t0 ?C IJal?I LhD[1111?h, a1: ?_.?iY ?/?--GY U.: 42 David J. Lanza I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 RHODES DEVELOPMENT GROUP, INC. Ua LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENTS, Plaintiffs V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants, Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2878 Civil 2005 CIVIL ACTION - LAW IN EJECTMENT ORDER And now, this ? day of hCbruaF, 2000, a 1111C is issucd upon Dclcndant Bonnie Atalakc? to sho.c C:IM0, il'amy eIw why the rclicfrcuucstcd in the aloresaid Petition should not hC grunted. Kulc returnable within days after scrvicc by regular mail upon Counsel for Dctcr,daot. J. In Ta;flfw..{jy V.Jibi drI, l ixre Uflto SM My haflu a^d too wW of said Catut at Car(!sd® Pa lhle io= , . fay --- - W cc? s a. Prottlonolerf T c-I!r0l7a?bs David J. Lanza ? 1 57 iNlnrkc[ uroct Como Ilill, PA 17111 I'ChI'llan 1 1. J)Ilh Gcullrev Biringer_ Gsyuiic 4OI Last Luntll''1J:1vc1,?) Llte 103 (1.1;'k. P, 1,70111 ILc: Lune "t, l cakkm s l It h od c? \ . NIalal?lil _'878 ('i%it ? 0I I),, It (icoffrc J PI'.LETHOVP. 717-730-3773 I ACSI`OHA 717-737-515c [_%I A11. djl_r: <t pa cct I'Ic.I?c hied rn?lu,ii! a (opt oI ;I kuli Iu 511ine ( ;u1.?: 'llid ;ulorllcr euln A Ilr ill Ill, a1, ,• . Itr.t!l i V'rr? truly }out_ti. Da,. id .1. Lanza 11.11-h6 F ricloxures David J. Lan2a I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 RHODES DEVELOPMENT GROUP, INC. t/a LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENTS, Plaintiffs V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants, gnC[ C bdW Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2878 Civil 2005 CIVIL ACTION - LAW IN EJECTMENT ORDER And now, this /? d y of March 2006, in consideration of the Rule to Show Cause dated February 9, 2006 and Defendant's failure to answer, it is hereby Ordered that the Prothonotary shall immediately release to Plaintiffs the amount of $3,807.36 from the escrow account established in this action. Bythe Court, A J. n 1 07 .Z 6'd I 'IV! Hal a,I) )', , a M ? r O m ? M O O N r N w 4 N Q 4 J J Q r? r A A A A cSl T ?f1 A rPl 1 A T N O F ¢ n o s oo ? O gW;oLis = O U W LLO Z 4 N U co U W ¢ A ? LL m U v ?O ?fl A^ a- r+ H U CD V - cc to N 1 rD O O? I 4 . ,r -?"- ® - vo woo am3° rv ouvapad "File oo 3x m3° 1n CD J -_;3 Y tom,,; L.i RECEIPT FOR TRANSFER -------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 LONG MEADOW APARTMENTS 1 RICHLAND LANE APT/STE 105 CAMP HILL, PA 17011 Case Number 2005-02878 Remarks RKS CHECK 41610 Receipt Date 04/03/2006 Receipt Time 15:06:36 Receipt No. 176341 ---------------- ------ Distribution Of Adjustment -- ------------------------- Transaction Payee This Adj RENT PROTHONOTARY ESCROW 3,807.36- RENT LONG MEADOWS APARTMENTS 3,807.36 RENT PROTHONOTARY ESCROW 2,138.64- RENT PROTHONOTARY ESCROW 2,138.64 15353104032006 Cumberland County Prothonotary's Office Pa e 1 PYS405 Manual Release Check Register 4/03/2006 Escrow Tran Date Distribution Case No Accounting Amount Date Release ------------------------ - -------------------------- -------------- 2184 LONG MEADOWS APARTMENTS Check Date: 04/03/2006 Check No.: 1610 RENT 2005- 02878 TRNS ESC IN 3807.36 4/03/2006 Payee total: 3807.36 --------------------------------------------------- ---------------------------- Grand total: 3,807.36 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the followinq case: (Check one) ( ) for JURY trial at the next terns of civil court. (-,/_) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) ( ) CIV11 Action - Law T><1 Appeal from Arbitration (other) V;. W; (Plaintiff) (Ik?t<vuLuil. ) Tho trill I I ;I ?•;i I 1 bo cal led on I'rotri,ils will be hoid O[I (Bricls arc due 5 days b0tore, pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel., pursuant to local Rule 214.1.) No. IA -1 ? Civil kq Zoo T- Indicate the <0-tornoy who will try case for the party who files this praecipe: Indicate trial counsel for other parties if known: (T-e, f62%t 4-01 C,,f h,?Yl C..i,tt. PA tlo,3 This case is ready for trial. Signed: Print Name: 0, ,? J [L Date: 4fh3W Attorney for: -. RHODES DEVELOPMENT GROUP, : IN THE COURT OF COMMON PLEAS OF INC. t/a LONG MEADOWS : CUMBERLAND COUNTY, PENNSYLVANIA ASSOCIATES, LP & LONG MEADOWS : APARTMENTS V. SCOTT MALAKIN and NO. 2005 - 2878 CIVIL TERM BONNIE MALAKIN ORDER OF COURT AND NOW, this 12TH- day of JUNE, 2006, a pretrial conference in the above-captioned matter 2006, at 3:00 p.m. in Chamber Cumberland County Courthouse, memorandum shall be submitted C.C.R.P. 212-4, at least five conference. is SCHEDULED for THURSDAY, JULY 6 s of the undersigned judge, Carlisle, Pennsylvania. Pretrial by counsel in accordance with (5) days prior to the pretrial TRIAL in the matter will be scheduled at the pretrial conference. Counsel are directed to have their calendars available. /a'vid Lanza, Esquire fdeoffrey Biringer, Esquire COURT ADMINISTRATOR 141 Edward E. Guido, J. Xa i'v..;1 1?liv c :,Hi 20 'flij RHODES DEVELOPMENT GROUP,: IN THE COURT OF COMMON PLEAS OF INC., t/a LONG MEADOWS CUMBERLAND COUNTY, PENNSYLVANIA ASSOCIATES, LP & LONG MEADOWS APARTMENTS, Plaintiffs V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants NO. 2005-2878 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held Thursday, July 6, 2006, before the Honorable Edward E. Guido, Judge. Present for the Plaintiffs was David J. Lanza, Esquire, and present for the Defendants was Geoffrey Biringer, Esquire. This is a landlord/tenant action in which the landlord is looking for eviction plus late fees. The rent is not in dispute, although it has been paid into escrow. The parties estimate the trial will take one half day. Trial is scheduled for Wednesday, August 23, 2006, at 1:00 p.m., in Courtroom No. 3 of the Cumberland County Courthouse. The parties are directed to pre-mark all exhibits. Exhibit lists should be exchanged by August 1, 2006. Any objections, other than to relevancy, shall be made by form of a motion in limine. All motions in limine, with supporting authority, shall be filed by August 15, 2006. Any responses, with supporting authority, shall be filed by close of business on August 22, 2006. Edward E. Guido, J. ... David J. Lanza, Esquire 2157 Market Street Camp Hill, PA 17011 For the Plaintiffs Geoffrey Biringer, Esquire MidPenn Legal Services 401 East Louther Street - Suite 103 Carlisle, PA 17013 For the Defendants Court Administrator srs r RHODES DEVELOPMENT GROUP, INC. t/a LONG MEADOWS ASSOCIATES, LP and LONG MEADOW APARTMENT, Plaintiff V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYLVANIA :No. 2878 Civil 2005 :CIVIL ACTION-LAW IN EJECTMENT MOTION IN LIMINE To Rhodes Development Group, Inc. t/a Long Meadows Associates, LP and Long Meadows Apartments: Notice is given that on August 23, 2006, at 1:00 p.m., or as soon after as the matter can be heard, at the courtroom of Judge Guido of the above-entitled Court at 1 Courthouse Square, Carlisle Pennsylvania, 17013, Bonnie Malakin will move the court for an order in limine. This motion is made on the ground that Plaintiff's exhibits P-6 and P-8 are hearsay. The motion is based upon this notice, the pleadings, records, and papers on file in this action, the attached memorandum of points and authorities, or on documentary evidence that may be presented at the hearing of the motion. Dated: 406 Respectfully submitted, Geoffrey 13iring6r Attorney for Bonnie Malakin 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 (717)243-8086 Supreme Court ID#18040 l? RHODES DEVELOPMENT GROUP, :IN THE COURT OF COMMON PLEAS INC. t/a LONG MEADOWS :OF CUMBERLAND COUNTY, ASSOCIATES, LP and LONG MEADOW :PENNSYLVANIA APARTMENT, Plaintiff V. :No. 2878 Civil 2005 SCOTT MALAKIN and :CIVIL ACTION-LAW BONNIE MALAKIN, Defendants :IN EJECTMENT DEFENDANT BONNIE MALAKIN'S MEMORANDUM IN SUPPORT OF MOTION IN LIMINE TO EXCLUDE EVIDENCE Defendant, Bonnie Malakin, by and through her attorney, Geoffrey Biringer, requests that this Court preclude Plaintiff's Exhibits P-6 and P-8. In further support, Defendant states as follows: 1. Facts The Plaintiff has listed a 911 tape recording and Harrisburg Patriot News article as potential exhibits in this case. On May 19, 2005, an incident occurred between an employee and vendor of the Long Meadows Apartments and Defendant's husband, Scott Malakin. Mr. Malakin was arrested as a result of this incident. Unbeknownst to Mrs. Malakin, a 911 call was made to the East Pennsboro Township Police Department. Mrs. Malakin was not arrested or cited as a result of the incident involving her husband. In addition, a newspaper article was written about the aforementioned incident. Mrs. Malakin was never questioned by any reporter before or after the article was published in the Harrisburg Patriot News. As a result of the incident between Mr. Malakin and the employee and vendor of the Long Meadows Apartments, Mrs. Malakin and her children were given notice to quit their residence. Mrs. Malakin appealed the eviction and began paying rent into an escrow account. The Board of Arbitrators found in favor of the Long Meadows Apartments. Mrs. Malakin is currently appealing the decision by the Board of Arbitrators. II. Exhibit P-6 The Plaintiff's Exhibit P-6 is a 911 tape recording. Defendant is unaware of any 911 call made to the police during the time of the incident on May 19, 2005 at the Long Meadows Apartments. This exhibit should be excluded because it is hearsay. Hearsay is defined as, "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Pa.R E. 801(C). The 911 tape recording does not fall under any of the exceptions to the hearsay rule, and therefore should be deemed inadmissible and therefore excluded by this Court. III. Exhibit P-8 The Plaintiff's exhibit P-8 is a newspaper article from the Harrisburg Patriot News dated May 21, 2005. The exhibit being offered by the Plaintiff is hearsay within hearsay and therefore should be ruled inadmissible. The Defendant has had no opportunity to cross examine the news reporter as to the authenticity or veracity of the contents of the news article. In addition, the article would be more prejudicial than probative in value. It would unfairly prejudice this Court against the Defendant and has no reliability of truthfulness. In a Pennsylvania case from 2002, the Court stated that, "[i]nitially, we note that [a] newspaper article is hearsay and is inadmissible as it is not corroborated by the testimony of a witness." Steinhouse v. W. C.A.B. (A.P. Green Services) 783 A.2d 352, 356 (Pa.Cmwlth.,2001) The article would not show any new facts to the Court that the Court does not already know. Therefore, this Court should exclude as hearsay the newspaper article dated Mary 21, 2005. IV. Conclusion Plaintiff's Exhibits P-6 and P-8 are hearsay and should be excluded by the Court as evidence. Respectfully submitted: Geoffrey M. Binnger 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID# 18040 CERTIFICATE OF SERVICE AND NOW, this 15'h day of August 2006, the undersigned does hereby certify that he did this date serve a copy of the foregoing Motion and Memorandum upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: David J. Lanza, Esquire 2157 Market Street Camp Hill, Pennsylvania 17011 B? ' Y Geoffrey Biringer MidPenn Legal Services 401 E. Louther Street Carlisle PA 17013 (717)243-9400 C) - p c C=3 -n " x.. rT c? F C-5; z .. -? +w 10 RHODES DEVELOPMENT GROUP, IN THE COURT OF COMMON PLEAS OF INC. t/a LONG MEADOWS CUMBERLAND COUNTY, PENNSYLVANIA ASSOCIATES, LP & LONG MEADOWS APARTMENTS, Plaintiff V. NO. 2005-2878 CIVIL TERM SCOTT MALAKIN and BONNIE MALAKIN, Defendants CIVIL ACTION - LAW IN RE: FINDINGS OF FACT ORDER OF COURT AND NOW, this 23rd day of August, 2006, after hearing, we make the following Findings of Fact: 1. Defendant Bonnie Malakin committed no criminal wrongdoing and was, in fact, the victim of the criminal wrongdoing of her husband, Scott Malakin. 2. The lease, by its terms, expires on April 30, 2006. Provided, however, it would be renewed for a 60-day period unless the landlord gave appropriate notice of its non-renewal. 3. In this case, the landlord did give appropriate notice of its non-renewal on February 28, 2006. 4. The subsequent conduct of the Plaintiff asking for payment of overdue rent in no way vitiated the notice to quit. Based upon the above Findings of Fact, counsel are directed to file memoranda of law in support of their respective positions as to why this Court should or should not issue an immediate order for possession by close of business on Monday, August 28, 2006. VY ? L,J L N T LLJ N - Y 10 By the Court, avid J. Lanza, Esquire V?or the Plaintiff ,ge'offrey Biringer, Esquire For the Defendant srs d Up C N o O O? T 71 [ t Sn r, i . ft7? rn 2 o -< 0 q wQ :ef I _ uj c = p °o U N T RHODES DEVELOPMENT GROUP, IN THE COURT OF COMMON PLEAS OF INC. t/a LONG MEADOWS CUMBERLAND COUNTY, PENNSYLVANIA ASSOCIATES, LP & LONG MEADOWS APARTMENTS, Plaintiff V. NO. 2005-2878 CIVIL TERM SCOTT MALAKIN and BONNIE MALAKIN, Defendants CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 23rd day of August, 2006, the Prothonotary is directed to release all sums deposited by the Defendant to the Plaintiff in this matter. By t Edward E. Guido, J. ,Xlavid J. Lanza, Esquire For the Plaintiff ,deoffrey Biringer, Esquire For the Defendant srs \JP o40 A Q ti .t'L';:' a Jae r- f .G RT n C W 'A c 5m :17 K ;rEpiAFY Of Ins S, E? -1 Aji 11: t+2 j iNT?' r t'S Li til 7?Jr` CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 8 PAY TO THE LANG MEADOW APARIMFVT3 OPENOWN RANK 05-2878 -- Long Meadow vs. Malakin 11.00 164011',40313 i 50.361: 1640 DATE S*V6 / 2Q%, 80.1503/313 $ 13 4cts DOLLARS 8 108 11,1171 ll'? RHODES DEVELOPMENT GROUP, INC. t/a LONG MEADOWS ASSOCIATES, LP & LONG MEADOWS APARTMENTS, Plaintiff V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2878 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 23rd day of August, 2006, the Prothonotary is directed to release all sums deposited by the Defendant to the Plaintiff in this matter. By t „Plavid J. Lanza, Esquire For the Plaintiff Xeoffrey Biringer, Esquire For the Defendant srs Edward E. Guido, J. A Wy7? RECEIPT FOR TRANSFER -------------------- -------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 LONG MEADOW APARTMENTS 1 RICHLAND LANE APT/STE 105 CAMP HILL, PA 17011 Receipt Date 09/01/2006 Receipt Time 11:39:33 Receipt No. 182364 Case Number 2005-02878 Remarks CHECK ISSUED TO PLFF BY ORDER OF COURT DATED 08-23-06 ---------------------- Distribution Of Adjustment --------------------------- Transaction Payee This Adj RENT PROTHONOTARY ESCROW 3,170.64- RENT LONG MEADOWS APARTMENTS 31170.64 13391309012006 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 9 /01/2006 Escrow Tran Date Distribution Case No Accounting Amount Date Release --- --------------------------------------------------- 2184 LONG MEADOWS APARTMENTS Check Date: 09/01/2006 ---------- Check No. -------- : 1640 RENT 2005- 02878 TRNS ESC IN 3170.64 9/01/2006 -- Payee total: 3170.64 ------------- ----------------------------------------------- Grand total: 3,170.64 ---------- -------- RHODES DEVELOPMENT IN THE COURT OF COMMON PLEAS OF GROUP, INC. t/a CUMBERLAND COUNTY, PENNSYLVANIA LONG MEADOWS . ASSOCIATES, LP & LONG MEADOWS APARTMENTS V. . SCOTT MALAKIN AND NO. 2005-2878 CIVIL TERM BONNIE MALAKIN ORDER OF COURT AND NOW, this 6T-" day of SEPTEMBER, 2006, after review of the post trial memoranda filed by the parties, we will reopen the record to allow the defendant to present her defenses to the defendant's amended count alleging non-renewal of an expired lease. Hearing on the matter to be held on WEDNESDAY. SEPTEMBER 27, 2006, at 9:00 a.m. David J. Lanza, Esquire For the Plaintiff Geoffrey Biringer, Esquire 4fae. 4u4--? For the Defendant 9- o g-'-0G 4?_ 'J. :sld -:11.?ii? Y {Ti ti`?,'.i7y? ?1_Z ?°?? ?.. ??S gp?,Z t ?? ',µi ?? ? ?? ? ? r _ ?t '+-? ?? -Fi ? l ry} a t .. RHODES DEVELOPMENT GROUP,: INC., tla LONG MEADOWS ASSOCIATES, LP and LONG MEADOWS APARTMENTS, Plaintiff V. SCOTT MALAKIN and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2878 CIVIL TERM BONNIE MALAKIN, Defendants CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 27th day of September, 2006, we find in favor of the Plaintiff and against the Defendant, and it is hereby ordered that Defendant vacate the property by 11:59 p.m. on Wednesday, October 11, 2006. David J. Lanza, Esquire IN For the Plaintiff Geoffrey Biringer, Esquire For the Defendant 7-0 (a Karri Hoffman, Property Manager Long Meadows Apartments 1 Richland Lane, Suite 105 Camp Hill, PA 17011 Sheriff - "-Caul,..- j J?(S srs Edward E. Guido, J. +?,?.14y,"?'C r?,/? ? .' d ?? G -??' ? ???? t ?? ??i.w 76 ?,.J,...? `77`x.: C,-?-'`J.?'/? ?'? ? ??'?'??'a?'?::ty -7??; LPL ,a 4 Y P OPL l? 40'J'?- ClhCt c` , J _l J?.V UkR. b? UCy d?;, J \i?ko F1'p-?Ctb^ .•ift1 t uur4h tk 5i- 7 Gv?se A dyr?o =3 ? ? ? `y??>t? C C'sa ?'?`?'" ?`??? ? Q1fx i i-'z?;;; y^..•. tl ?'t' (';?;. 0 ? l C.?I'? ? i?'? ?t r'Y ? t ??'' ' 7"' Coy rz CcAY 1ks i i- ; ?A poi 3 12375210042006 Cumberland County Prothonotary's Office PYS510 Civil Case Print 2005-02878 LONG MEADOW APARTMENTS (vs) MALAKIN SCOTT A ET AL Reference No... Case Type.....: APPEAL - DJ Page 1 Filed......... 6/03/2005 Time.......... 10:25 Judgment...... 00 Execution Date 0/00/0000 Judge Assigned: GUIDO EDWARD E Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info LONG MEADOW APARTMENTS PLAINTIFF LANZA DAVID J 1 RICHLAND LANE APT/STE 105 CAMP HILL PA 17011 MALAKIN SCOTT A DEFENDANT 3 RICHLAND AVENUE APT/STE 108 CAMP HILL PA 17011 MALAKIN BONNIE DEFENDANT 3 RICHLAND AVENUE APT/STE 108 CAMP HILL PA 17011 Judgment Index Amount Date Desc MALAKIN SCOTT A 7/27/2005 JUDG FOR POSSESSION MALAKIN SCOTT A 596.53 7/27/2005 FAILURE TO ANSWER *MALAKIN SCOTT A 3,177.36 2/01/2006 AWARD OF ARBITRATORS MALAKIN BONNIE 3,177.36 2/01/2006 AWARD OF ARBITRATORS MALAKIN SCOTT A 2/01/2006 AWARD FOR POSSESSION MALAKIN BONNIE 2/01/2006 AWARD FOR POSSESSION ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY - - - - - - - - - - - - - - 6/03/2005 APPEAL FROM DISTRICT JUSTICE JUDGMENT ------------------------------------------------------------------- 6/03/2005 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ------------------------------------------------------------------- 6/03/2005 RENT PAID - $384.00 ------------------------------------------------------------------- 6/03/2005 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ------------------------------------------------------------------- 6/20/2005 COMPLAINT ------------------------------------------------------------------- 7/01/2005 RENT PAID - $630.00 ------------------------------------------------------------------- 7/01/2005 RESPONSE - BY BONNIE MALAKIN ------------------------------------------------------------------- 7/27/2005 PRAECIPE FOR DEFAULT JUDGMENT AND DEFAULT JUDGMENT ENTERED IN THE AMOUNT OF 596.53 AND JUDGMENT FOR POSSESSION AGAINST SCOTT MALAKIN ONLY ------------------------------------------------------------------- 7/27/2005 NOTICE MAILED TO DEFENDANT ------------------------------------------------------------------- 7/27/2005 IMPORTANT NOTICE FILED (DEFAULT JUDGMENT) ------------------------------------------------------------------- 8/03/2005 RENT PAID - $630.00 ------------------------------------------------------------------- 8/31/2005 PETITION FOR APPOINTMENT OF ARBITRATORS - BY DAVID J LANZA ESQ FOR PLFF ------------------------------------------------------------------- 9/02/2005 RENT PAID $630.00 ------------------------------------------------------------------- 9/07/2005 ORDER OF COURT 9/07/05 APPOINTMENT OF ARBITRATORS BY THE COURT GEORGE E HOFFER P JUDGE ARBITRATORS ARE MICHAEL SCHERER, ESQ - MARYLOU MATAS ESQ AND MICHAEL MATTER ESQ NOTICE MAILED 9/20/05 ------------------------------------------------------------------- 10/04/2005 RENT PAID $630.00 ------------------------------------------------------------------- 12375210042006 Cumberland County Prothonotary's Office PYS510 Civil Case Print 2005-02878 LONG MEADOW APARTMENTS (vs) MALAKIN SCOTT A ET AL Reference No..: Case Type.....: APPEAL - DJ Judgment.;.... 00 Judge Assigned: GUIDO EDWARD E Disposed Desc.: ------------ Case Comments ------------- 10/25/2005 7.1/04/2005 12/05/2005 1/03/2006 2/01/2006 2/03/2006 2/06/2006 2/06/2006 ,2/10/2006 2/24/2006 2/24/2006 A 2/28/2006 3/03/2006 3/10/2006 3/15/2006 4/03/2006 4/03/2006 4/13/2006 Page 2 Filed......... 6/03/2005 Time.......... 10:25 Execution Date 0/00/0000 Jury Trial.... Disposed Date. 0/00/0000 Higher Crt 1.: Hi her Crt 2.: PRAECIPE TO ENTER APPEARANCE FOR DEFT - BY GEOFFREY BIRINGER ESQ ---------------------------------------------------------------- RENT PAID - $630.00 ---------------------------------------------------------------- RENT PAID $630.00 DEFT ---------------------------------------------------------------- RENT PAID - $630.00 AWARD OF ARBITRATORS - FOR THE PLAINTIFF IN THE AMOUNT OF $4177.36 AND PLAINITFF IS AWARDED POSSESSION OF 3 RICHLAND LANE APT 108 ON MARCH 1, 2006 2/01/06 BILLED COUNTY FOR ARBITRATORS ------------------------------------------------------------------- RENT PAID -$384.00 ------------------------------------------- ------------------------ PLAINTIFF'S PETITION FOR PAYMENT FROM ESCROW PROCEEDS - BY DAVID J LANZA ESQ FOR PLF ------------------------------------------------------------------- PLAINTIFF'S PETITION FOR PAYMENT FROM ESCROW PROCEEDS DAVID J LANZA ESQ ------------------------------------------------------------------- ORDER 2/09/06 A RULE IS ISSUED UPON DEFENDANT BONNIE MALAKIN TO SHOW CAUSE WHY THE RELIEF REQUESTED IN THE AFORESAID PETITION SHOULD NOT BE GRANTED RULE RETURNABLE WITHIN 20 DAYS AFTER SERVICE BY REGULAR MAIL UPON SOUNSEL FOR DEFENDANT EDWARD J GUIDO JUDGE COPIES MAILED 2/10/06 ------------------------------------------------------------------- NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS - BY GEOFFREY M BIRINGER ESQ_ ------------------------------------------------------------------- PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS APPEAL FROM AWARD OF BOARD OF ARBITRATORS - BY GEOFFREY M BIRINGER ESQ ------------------------------------------------------------------- ORDER GRANTING LEAVE TO PROCEED INFORMA PAUPERIS - DATED 2/28/06 - AND FINDING THAT SUCH RELIEF IS PROPER IT IS HEREBY ORDERED THAT DEFT IS GRANTED LEAVE TO PROCEED IFP - AND THAT THE REQUIREMENT THAT THEY PREPAY FILING AND OTHER COSTS IS WAIVED - BY THE COURT EDWARD E GUIDO J COPIES MAILED ------------------------------------------------------------------- RENT PAID - $384.00 ------------------------------------------------------------------- PLAINTIFF'S PEITITON TO MAKE RULE ABSOLUTE BY DAVID J LANZA ATTY ------------------------------------------------------------------- ORDER - DATED 03-15-06 - IN RE: PLAINTIFFS' PETITION TO MAKE RULE ABSOLUTE - IN CONSIDERATION OF THE RULE TO SHOW CAUSE DATED FEBRUARY 9 2006 AND DEFENDANT'S FAILURE TO ANSWER, IT IS HEREBY ORDERED THAT THE PROTHONOTARY SHALL IMMEDIATELY RELEASE TO PLAINTIFFS THE AMOUNT OF $3807.36 FROM THE ESCROW ACCOUNT ESTABLISHED IN THIS ACTION - BY EDWARD E GUIDO J-COPIED AND MAILED 03-15-06 -------------------------------------------------------------------- RENT PAID $384.00 PD DEF ------------------------------------------------------------------- CHECK ISSUED TO LONG MEADOW APARTMENTS IN THE AMOUNT OF $3,807.36 CHECK MAILED THISCAMOUNTOLEAVES A BALANCEOOFL$2,0138.6406 PRAECIPE FOR LISTING CASE FOR TRIAL - BY DAVID J LANZA ATTY ------------------------------------------------------------------- 5/04/2006 RENT PAID - $258.00 ------------------------------------------------------------------- 5/26/2006 RENT PAID $258.00 ------------------------------------------------------------------- 6/14/2006 ORDER OF COURT - 06-12-06 - IN RE: PRETRIAL CONFERENCE 07-06-06 AT 3 PM IN CHAMBERS - PRETRIAL MEMORANDUM SHALL BE SUBMITTED BY COUNSEL IN ACCORDANCE WITH CCRP 212-4 AT LEAST 5 DAYS PRIOR TO THE PRETRIAL CONFERENCE - TRIAL IN THE MATTER WILL BE SCHEDULED AT THE 12375210042006 Cumberland County Prothonotary's Office Page PYS510 Civil Case Print 2005-02878 LONG MEADOW APARTMENTS (vs) MALAKIN SCOTT A ET AL Reference No... Filed......... 6/03/2005 Case Type...... APPEAL - DJ Time.......... 10:25 Judgment...... 00 Execution Date 0/00/0000 Judge Assigned: GUIDO EDWARD E Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: PRETRIAL CONFERENC - COUNSEL ARE DIRECTED TO HAVE THEIR CALENDARS AVAILABLE - BY EDWARD E GUIDO J - COPIES MAILED 06-14-06 ------------------------------------------------------------------- 6/27/2006 RENT PAID - $258.00 ------------------------------------------------------------------- 7/07/2006 PRETRIAL CONFERENCE -07-06-06 - TRIAL SCHEDULED 08-23-06 AT 1 PM IN CR 3 OF CUMB CO COURTHOUSE / PARTIES ARE DIRECTED TO PRE-MARK ALL EXHIBITS - EXHIBIT LISTS SHOULD BE EXCHANGED BY 08-01-06 - ANY OBJECTIONS OTHER THAN TO RELEVENCY SHALL BE MADE BY FORM OF A MOTION IN LIMINE - ALL MOTIONS IN LIMINE WITH SUPPORTTING AUTHOURITY SHALL BE FILED BY 08-15-06 - ANY RESPONSES WITH SUPPORTING AUTHORITY SHALL BE FILED BY CLOSE OF BUSINESS ON 08-22-06 - BY EDWARD E GUIDO J ------------------------------------------------------------------- 8/04/2006 RENT PAID - $258.00 ------------------------------------------------------------------- 8/15/2006 MOTION IN LIMINE - BY GEOFFREY BIRINGER ATTY FOR DEFT BONNIE MALAKIN ------------------------------------------------------------------- 8/24/2006 ORDER OF COURT - 08-23-06 - IN RE: FINDINGS OF FACT: 1. DEFT BONNIE MALAKIN COMMITTED NO CRIMINAL WRONGDOING AND WAS IN FACT THE VICTIM OF THE CRIMINAL WRONGDOING OF HER HUSBAND-SCOTT MALAKIN 2. THE LEASE BY ITS TERMS EXPIRES ON 4-30-06 - PROVIDED HOWEVER IT WOULD BE RENEWED FOR A 60 DAY PERIOD UNLESS THE LANDLORD GAVE APPROPRIATE NOTICE OF ITS NON-RENEWAL 3. IN THIS CASE THE LANDLORD DID GIVE APPROPRIATE NOTICE OF ITS NON-RENEWAL ON 02-28-06 4. THE SUBSEQUENT CONDUCT OF PLFF ASKING FOR PAYMENT OF OVERDUE RENT IN'NO WAY VITIATED THE NOTICE TO QUIT BASED UPON THE ABOVE FINDINGS OF FAACT-COUNSEL ARE DIRECTED TO FILE MEMORANDA OF LAW IN SUPPORT OF THEIR RESPECTIVE POSITIONS AS TO WHY THIS COURT SHOULD OR SHOULD NOT ISSUE AN IMMEDIATE ORDER FOR POSSESSIONS BY CLOSE OF BUSINESS ON 08-28-06 - BY EDWARD E GUIDO J - COPIES MAILED 08-25-06 ------------------------------------------------------------------- 8/25/2006 ORDER OF COURT - PROTHONOTARY IS DIRECTED TO RELEASE ALL SUMS DEPOSITED BY THE DEFT TO THE PLFF IN THIS MATTER - BY EDWARD E GUIDO J - COPIES MAILED 08-25-06 ------------------------------------------------------------------- 9/01/2006 CHECK ISSUED TO LONG MEADOW APARTMENTS IN THE AMOUNT OF $3,170.64 (CHECK 41640) THERE IS A 110" BALANCE REMAINING - CHECK MAILED TO KARRI HOFFMAN 09-01-06 ------------------------------------------------------------------- 9/05/2006 RENT PAID $258.00 BY DEFT ------------------------------------------------------------------- 9/08/2006 ORDER OF COURT - 09-06-06 - IN RE: WE WILL REOPEN THE RECORD TO ALLOW THE DEFT TO PRESENT HER DEFENSES TO THE DEFT'S AMENDED COUTN ALLEGING NON-RENEWAL OF AN EXPIRED LEASE - HEARING ON MATTER 09-27-06 AT 9 AM - BY EDWARD E GUIDO J - COPIES MAILED 09-08-06 ------------------------------------------------------------------- 9/27/2006 ORDER OF COURT - 09-27-06 - IN RE: WE FIND IN FAVOR OF PLFF AND AGAINST THE DEFT AND IT IS ORDERED THAT DEFT VACATE THE PROPERTY BY 11:59 PM ON 10-11-06 - BY EDWARD E GUIDO J - COPIES MAILED 09-27-06 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - 3 ******************************************************************************** * Escrow Information * Fees & Debits ****** * Bal Bw P*ymts/Ad * **** End Bal ********** * *************** *** * *********** ** **** ***************** APPEAL D.J. 35.00 35.00 .00 TAX ON APPEAL .25 .25 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 12375210042006 Cumberland County Prothonotary's Office PYS510? Civil Case Print 2005-02878 LONG MEADOW APARTMENTS (vs) MALAKIN SCOTT A ET AL Reference No... Case Type.....: APPEAL - DJ Judgment...... 00 Judge Assigned: GUIDO EDWARD E Disposed Desc.: ------------ Case Comments ------------- RENT RENT JDMT JDMT RENT APPT OF ARBITRA RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT RENT 384.00 384.00 630.00 630.00 9.00 9.00 9.00 9.00 630.00 630.00 15.00 15.00 630.00 630.00 630.00 630.00 630.00 630.00 630.00 630.00 630.00 630.00 384.00 384.00 384.00 384.00 384.00 384.00 3807.36- 3807.36- 3807.36 3807.36 2138.64- 2138.64- 2138.64 2138.64 258.00 258.00 258.00 258.00 258.00 258.00 258.00 258.00 3170.64- 3170.64- 3170.64 3170.64 258.00 258.00 7324.25 7324.25 Filed........ Time......... Execution Date Jury Trial.... Disposed Date. Higher Crt 1.: Higher Crt 2.: .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 Page 4 6/03/2005 10:25 0/00/0000 0/00/0000 ******************************************************************************** * End of Case Information ******************************************************************************** I t-WE COPY FROM RECORD n Teednen?wneW, i here um id wN ban, 4 the SJO-01 said Cou tie. P& 1 v, (`f A - C-? h,J ? i 6"' C n , i3 9:49`A.M. ' Appeal Docket Sheet Docket Number: Page 1 of 3 October 11, 2006 1723 MDA 2006 Superior Court of Pennsylvania Rhodes Developement Group, Inc. t/a Lond Meadows Associates, LP and Long Meadows Apartments V. Scott Malakin and Bonnie Malakin Appeal of: Bonnie Malakin Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: October 11, 2006 Journal Number: Case Category: Civil Awaiting Original Record CaseType: Landlord/Tenant Consolidated Docket Nos.: Related Docket Nos.: a9 i S SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Due Date: October 25, 2006 Next Event Type: Original Record Received Next Event Due Date: November 20, 2006 10/11/2006 3023 r 9:49 A.M. Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 1723 MDA 2006 Page 2 of 3 October 11, 2006 COUNSEL INFORMATION Appellant Malakin, Bonnie Pro Se: Prose Appoint Counsel Status: IFP Status: No Appellant Attorney Information: Attorney: Malakin, Bonnie Bar No.: Law Firm: Address: 3 Richland Lane, 36-108 Long Meadows Apartments Camp Hill, PA 17011 Phone No.: Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No Appellee Rhodes Development Group, Inc. Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: Lanza, David J. Bar No.: 55782 Law Firm: Johnson, Duffie, Stewart & Weidner Address: 2157 Market Street Camp Hill, PA 17011 Phone No.: (717)730-3775 Fax No.: (717)737-5355 Receive Mail: Yes E-Mail Address: Receive E-Mail: No Appellee Long Meadows Apartments Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: Hoffman, Property Mgr., Karri Bar No.: Law Firm: Address: Long Meadows Apts. 1 Richland Lane, Ste 105 Camp Hill, PA 17011 Phone No.: Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No FEE INFORMATION 10/11/2006 3023 9:49 A.M. • - Appeal Docket Sheet Docket Number: Page 3 of 3 October 11, 2006 1723 MDA 2006 Zq& Paid Fee Date Fee Name Fee Amt Amount Receipt Number 10/6/06 Notice of Appeal 60.00 60.00 2006SPRMD000898 TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Civil Date of Order Appealed From: September 27, 2006 Judicial District: 9 Date Documents Received: October 10, 2006 Date Notice of Appeal Filed: October 6, 2006 Order Type: Order Entered OTN: Judge: Guido, Edward E. Judge Lower Court Docket No.: 2005-2878 ORIGINAL RECORD CONTENTS Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFS DOCKET ENTRIES Filed Date Docket Entry/Document Name Party Type Filed By October 11, 2006 Notice of Appeal Filed Appellant Malakin, Bonnie October 11, 2006 Docketing Statement Exited (Civil) Middle District Filing Office Superior Court of Pennsylvania 10/11/2006 3023 RHODES DEVELOPMENT GROUP, INC. T/A LONG MEADOWS ASSOCIATES, LP & LONG MEADOWS APARTMENTS V. , SCOTT MALAKIN AND , BONNIE MALAKIN , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005 - 2878 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 18TH day of OCTOBER, 2006, Defendants are directed to file a concise statement of matters complained of on appeal within fourteen (14) days of today's date in accordance with Rule of Appellate Procedure 1925(b). v,n-a"'vid J. Lanza, Esquire Scott Malakin ?onnie Malakin Court Administrator :sld a y the Court Edward E. Guido, J. .Z S tot A _ 3?4 ?" 39f IN THE G Ou eT o F Gown +M Dri1 rtl? ns? tm a??s A}5sbct»rtE5, :PLFA5 Of GLAM B 15R-'L A V {? ? NN 5? L- ? A'N i„? ? LbhJ?r 1'?'1?A ?owS ?+?9r??n?s Gou nt? 1 ?- ? _ _. v . a oos - aV 79 G ?v i L -TC- P,? G O J 1 L ?r C7? bn - L..A W IUoJ?w? ber 1 loo 6 7?e 1 I?2, 0?R?Fb IY?GG?-? ?-? QW\ ti,JY't?tvl? c? CC K?S? t>jct d-y) eq f - () f m4fe r_ 3' L)ac m?? Ih M4 oLta Q?d 1 a 5 tz? - ov- -?h e Je-64 l ? d rd ?? --"4 re5 fx)wSe . _wa3 hos?ac 14!17 -from acrl ay- 4c,?a7 0 6 . a"C64 ?V,? WaS retT(W (AfOO 4 r acn F-r o i ??nS Ja rrr, RG, mQ k) ?'6?r? qq_?t?' ?,?? ar.1 S Comnn %5 S ; aN . --C ?'.? 1 `7Y 4 -JT l.NaS A\ 5CY ll l e*tAe j q 5_aOS? b f l a n ? rr b-t co'l SC / o r- pQ(hnan end A 5CE ?t ar ch m4 re,q-45f -foC gC(,e.5 ?I4V . ..-6err, Was Q160 are C >\Per?k4m{n f o 0 Prcrj?'lo ar4 ..A'f QO ? . Uhek° T)ctv)4,f 1J65 nAried Gtv7d Vmoc 5-4-,i4eJ Jut t 05-? 5-C r-?rv, K4rr'i was C? a aSaI o fSbD, 00 IhL kt di; } w,aw ?ncn} rt c-eied ro Aw 5' A+hoAa k f 4v tc .? h7jQ bows - rUo r Jc,W-?* ct vc r f q a wed -6. p?,q 4h-(5 a fwcun? . JL ?65(e)5 Ac4-hor&4 4"d 'r(?c t?tt?aN ?e?c?iir`?s CQ?rn??ss,? GrC. Curnr??-1 ?KI? ? ?sG _..155 ? C?qa?? a 5`? ?? eVi ??? f'o2 Q? ?s? 6 b dad s ar rt- cirri _- 147- RHODES DEVELOPMENT GROUP, INC. T/A LONG MEADOWS ASSOCIATES, LP & LONG MEADOWS APARTMENTS V. SCOTT MALAKIN AND BONNIE MALAKIN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005 - 2878 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 18TH day of OCTOBER, 2006, Defendants are directed to file a concise statement of matters complained of on appeal within fourteen (14) days of today's date in accordance with Rule of Appellate Procedure 1925(b). Edward E. Guido, J. David J. Lanza, Esquire Scott Malakin Bonnie Malakin Court Administrator sld r • RHODES DEVELOPMENT GROUP,: IN THE COURT OF COMMON PLEAS OF INC., t/a LONG MEADOWS CUMBERLAND COUNTY, PENNSYLVANIA ASSOCIATES, LP and LONG MEADOWS APARTMENTS, Plaintiff V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants NO. 2005-2878 CIVIL TERM CIVIL ACTION - LAW TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE EDWARD E. GUIDO, J. Cumberland County Courthouse, Carlisle, Pennsylvania on Wednesday, August 23, 2006, in Courtroom No. 3 APPEARANCES: DAVID LANZA, Esquire For the Plaintiff ORIGINAL GEOFFREY BIRINGER, Esquire For the Defendant • 6 INDEX TO WITNESSES FOR THE PLAINTIFF Karri Huffman Ernest Harries William Johnson Clem Laskoski Lt. Mark Green FOR THE DEFENDANT Bonnie Malakin FOR THE PLAINTIFF IN REBUTTAL Karri Huffman DIRECT CROSS REDIRECT RECROSS 9 19 -- -- 24 29 -- -- 29 34 -- 34 35 36 -- 37 40 -- 43 52 -- -- 56 -- -- -- 2 • FOR THE PLAINTIFF n U INDEX TO EXHIBITS IDENTIFIED 1 - Rental agreement 10 2 - Resident history 12 3 - Letter dated 2/28/06, 10 Karri Francis to Mr. and Mrs. Scott Malakin 9 - Letter dated 7/27/06, Housing 11 Authority to Mr. and Mrs. Scott Malakin 42 42 42 42 3 0 0 1 THE COURT: Good afternoon. This is the case 2 of Rhodes Development v. -- I guess Bonnie Malakin is the 3 only one left in the action? 4 MR. BIRINGER: That's right. 5 MR. LANZA: That's correct. 6 THE COURT: You may proceed. 7 MR. LANZA: Your Honor, first of all, I would 8 just like to make an opening statement. Also, I would like 9 to address -- there were some objections to the proposed 10 exhibit list. I think I can clean up a couple of matters. 11 I noticed the objections on the laser fiche web site this 12 the morning. I did not receive the objections. First of 13 all, I oppose the arguments made by Defendant's counsel. 14 THE COURT: Hold on. I want to make sure 15 we're on the same page. I've got a motion in limine that 16 was filed. Are you telling me you didn't receive that? 17 MR. LANZA: I did not receive that. I found 18 it on the laser fiche web site today. 19 MR. BIRINGER: It was served on the 15th of 20 August, 2006, mailed United States mail, directed to Mr. 21 Lanza. 22 MR. LANZA: Your Honor, I think we can 23 dispose of that relatively quickly. Even though I opposed 24 it, I opposed the objection to the 911 tape on the basis 25 that it's not hearsay. These are excited utterances. But 4 0 • 1 like we did in the arbitration hearing below, we decided not 2 to use it, and we can get our evidence in -- 3 THE COURT: Well, if you're not going to use 4 it, why bring it up? 5 MR. LANZA: Well, Your Honor, I want to get 6 that disposed of now so that -- 7 THE COURT: We don't have to get it disposed 8 of. Are one of them you going to use? 9 MR. LANZA: We would like to use the 10 newspaper article, Your Honor. 11 THE COURT: That's clearly hearsay. It's not 12 going to be used. 13 MR. LANZA: He made the same statements to 14 the detective. The detective is here, so we'll get that in 15 that way. 16 THE COURT: I only have to hear it once for 17 it to be evidence. 18 MR. LANZA: Okay. For my opening statement, 19 I would like to point out -- really, we have two issues 20 here. We have a lease that has expired. It expired in 21 April, and there's no dispute about that fact. There's no 22 dispute that we provided a 60-day termination notice to the 23 remaining Defendant; and that, as such, she has no lease for 24 the property at this time. Really, this fact should dispose 25 of this case. There is no legal right to remain in the 5 • • 1 property regardless of any breaches at this time or at any 2 time, Your Honor. 3 In the alternative, we are prepared to put on 4 evidence of the breaches of the lease, most of which were 5 committed by Scott Malakin, the threats, the assaults that 6 were made on the property. 7 THE COURT: All you're asking for is 8 possession? 9 MR. LANZA: And for the money, the rent. 10 There is issue of the amount we're entitled to. I really 11 don't think there's a dispute as to we're entitled to 12 possession. I could be wrong. I don't think there really 13 is a good faith dispute. As to the money, that's -- 14 THE COURT: Hold on. Try to get to the 15 bottom line. Any dispute as to possession? 16 MR. BIRINGER: Yes. Mr. Lanza is wrong about 17 that. First of all, the notice -- I haven't seen the notice 18 to quit that he gave allegedly 60 days before the 19 termination of the lease. 20 Second of all, under federal law, which they 21 are guided by in their evictions, they have to state 22 specifically what their grounds are for termination for 23 possession. His complaint says nothing about end of the 24 term. He talks solely about what happened on May 19th, 25 2005, which does not really involve my client, Bonnie 6 • • 1 Malakin. So, there has been no termination of the lease 2 properly done under federal law, and she is blameless in 3 this incident, and he does not have good cause to evict. 4 MR. LANZA: Your Honor, if I may continue. 5 First of all, yes, there is a notice February 28th, 2006. 6 This was listed in my exhibit list. It does state a reason. 7 It does reference the arbitrator's ruling which had occurred 8 previously. The fact is when we filed the complaint, the 9 lease had not expired. This became an additional ground. 10 There's no reason to allow Ms. Malakin to remain in the 11 premises at this point since she has no lease. 12 Secondly, Mrs. Malakin is not blameless. The 13 evidence will show, if we have to go into the details as to 14 what happened on that day, and, subsequently, at every 15 opportunity, Mrs. Malakin has chosen not only to support her 16 husband, but to hinder not only the eviction but the 17 prosecution of the husband. To support the idea that the 18 husband should be back in the property and that we should be 19 subjected to this danger and -- 20 MR. BIRINGER: She's not claiming that, by 21 the way. 22 MR. LANZA: By her actions on numerous 23 occasions -- 24 THE COURT: All right. I've heard enough. 25 Let me hear the evidence. Do you want to respond quickly to 7 • • 1 what was said? So I understand the issue, you're not 2 disputing that the lease is up, but you're disputing that 3 the 60-day notice required under the lease or under federal 4 law -- 5 MR. BIRINGER: Under federal law, he has not 6 stated the notice properly that the term was over. 7 Interestingly enough, he claims that the lease was over by 8 notice in February. 9 THE COURT: Well, we're talking about a lease 10 I haven't seen. 11 MR. BIRINGER: Okay. But they continue to 12 ask for rent by notices of overpayment in April, May and 13 June, which we'll establish. If the lease was terminated, 14 why continue to notify her of overpayment of rent? Why not 15 just go into court and say the lease is up? They never did 16 that. 17 MR. LANZA: That's what we're doing, and 18 we're entitled to seek damages for -- 19 THE COURT: All right. I understand. Let's 20 go. 21 MR. LANZA: Your Honor, we're not under 22 federal law at this point. We'll present evidence to that, 23 as well. 24 THE COURT: All right. Let's go. 25 MR. LANZA: I would like to call my first 8 • • 1 witness, Ms. Karri Huffman. 2 KARRI HUFFMAN 3 having been duly sworn, testified as follows: 4 DIRECT EXAMINATION 5 BY MR. LANZA: 6 Q Would you state your name for the record. 7 A Karri Huffman. 8 Q What was it prior to Huffman? 9 A Karri Francis. 10 Q And that changed recently? 11 A Yes. 12 Q At the time of the incident in question, it 13 was Karri Fran cis? 14 A Yes, it was. 15 Q Where do you work? 16 A Long Meadows Apartments in Camp Hill, 17 Pennsylvania. 18 Q Are you familiar with Scott and Bonnie 19 Malakin? 20 A Yes, I am. 21 Q Ms. Malakin, does she reside there still? 22 A Yes, she does. 23 Q In what apartment does she reside? 24 A 3 Richland Lane, Apartment 108. 25 Q I'm going to show you what we have marked as 9 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit P-1. First of all, can you tell me, what are your duties for Long Meadows Apartments? A To oversee the property, maintain it, keep everyone safe. To abide by the law, basically. Q Are you the custodian of the records? A Yes, I am. MR. LANZA: May I approach the witness, Your Honor? THE COURT: You may. BY MR. LANZA: Q Do you recognize this document? A It's Scott and Bonnie's lease, yes. Q Is that lease currently in effect? A No, it's not. It expired April 30th, 2006. Q What kind of notice does that lease require for termination? A From either myself or her, it's 60-day written notice prior. Q Did you provide such a notice? A Yes, I did. Q All right. When did you provide that notice? A I don't remember the exact date. Pretty much 60 days prior. Q Do you recognize what I'm labeling P-3? A That's my 60-day written notice of nonrenewal. 10 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Now, subsequent to that point, has Ms. Malakin vacated the property? A No, she has not. Q Have you seen any evidence that she's attempting to vacate the property? A No, I have not. Q Have your people or you observed her taking anything out to the dumpster or packing boxes or anything like that? A No, we have not. Q Now, as part of your duties at the property, do you -- first of all, do you have residents who receive subsidies from Housing and Urban Development? A We have eight units, yes. Q At one point, were the Malakins under that program? A Yes. Q Do you keep records related to that program so you're aware of who is part of the program, who is not part of the program, what subsidy they're supposed to be receiving? A It's required, yes. We have to keep all documents. Q I'm going to give you what we're labeling Exhibit P-9 and ask if you recognize that? 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. That's a letter of notification -- I get every copy that Bonnie and Scott get for their records -- stating that their contract has been terminated effective August 31st, 2006, because of Scott's simple assault. They have -- there's standards on their leases. They're losing their program. Q Do you understand what that means when someone's program is terminated? A Of course, yes. Q After August 30th, you don't expect to receive any more subsidies from HUD? A That is correct. Their last payment was made this month. Q Have you received rent continuously from Mrs. Malakin since the -- what I'll refer to as the incident of May of 2005? A No, just HUD's partial payment. Q Do you maintain records of the amounts that you actually do receive? A Of course. We keep ledgers in the system. Q I'm going to give you what we'll have marked as Exhibit P-2 and ask if you recognize that? A This is what we call our resident history. It shows charges, payments, check numbers, late fees, et cetera, and balance due. So, basically, their whole 12 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 physical monetary history. Q I'll point out to you, at some point, if you go back far enough into 2005 -- actually, this starts in 2003, October of 2003? A Yes. Q When did the current landlord take over this property? A We purchased it October 31st, 2003. Q Now, if you look back to the final two pages of this document, the format looks a little different. Can you explain that for the record? A August 1st of 2005, we got a new computer system. Q Is the information continuous? A Of course. Q And the balances transferred over? A Of course. Q What are you owed at this point? MR. BIRINGER: Your Honor, I'm going to object to this. We had a pretrial discussion where it came out that rent was not an issue. It's right in your Order. I don't know where we're going with this. MR. LANZA: Well, in order to get the money out of the prothonotary, we have to have a judgment for the unpaid rent. If we do not have that, the prothonotary will 13 • 1 not release the money. 2 MR. BIRINGER: That's not true. The Rule 3 says all you have to do is apply for it. Under the Rules of 4 Civil Procedure -- 5 MR. LANZA: We're here now. 6 THE COURT: Hold on. Stop right now. Mr. 7 Biringer, do you agree that he may get the money from the 8 prothonotary? 9 MR. BIRINGER: Yes. 10 THE COURT: All right. 11 (The following Order was entered by the 12 Court:) 13 "AND NOW, this 23rd day of August, 2006, the 14 Prothonotary is directed to release all sums deposited by 15 the Defendant to the Plaintiff in this matter." 16 THE COURT: Move on. 17 MR. LANZA: Thank you, Your Honor. 18 BY MR. LANZA: 19 Q Initially, you took this matter to the 20 district justice, is that correct? 21 A Yes. 22 THE COURT: I don't want to hear about that. 23 MR. LANZA: Well, it relates to our damages. 24 We have an additional charge with the filing fees. We just 25 want to document the filing fees. 14 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BIRINGER: I think that's in escrow. THE COURT: Costs are costs. MR. LANZA: Do we need to document -- it's not part of this court. It's in their records. I just want to -- may I put in the record the amount? MR. BIRINGER: I think the costs follow the winner. I mean, if he wins, he gets his costs. THE COURT: Costs are costs. I don't want to hear about what happened below. I don't want to hear about any of that. Next question. BY MR. LANZA: Q Ms. Huffman, first of all, are you familiar with the events of May 19th, 2005? A Yes, I am. Q Did you observe a good portion of those events? A The last half, yes, I did. Q Can you describe for the Court what you observed? A That morning I was pulling into the property like I normally do, and I saw my painter running up to my car. I rolled down the window, and he goes, call 911, a resident just attacked me with a knife. And I said, who? And he said, Scott Malakin. I said, okay. So, I immediately pulled in and called 911 with my cell phone. I 15 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 said, go get your car, leave the property, and be safe until I figure out what's going on. I had a vendor waiting for me there because I had an appointment. He was standing there. Then here came Scott and Bonnie. Scott was agitated. Bonnie tried to calm him. We had about ten minutes of his calling me filthy names, threatening me. He threw my purse across the parking lot. My staff, Clem and Bill, came around. My leasing agent, Scott Lucas, came to work at that time. I said, get the guys on the radio, and have them come up here just in case I get hurt or something. They came up and stood at a tree, at a distance, just in case. Every time Scott screamed and cussed, I just said, Mr. Malakin, step back, step back. Bonnie was trying to calm him. Then Bill said, Scott, just step back from Karri, the police are on their way. He commented some filth to Clem. He said that he didn't have a problem with Clem, but he had problems with Bill. He said some filthy words I don't want to repeat. He came back at my face, turned around and punched Bill in the face, cold-cocked him. Q You observed that? A Oh, yeah. I was still on the phone with 911. The 911 tape tells you, he's just hit one of my maintenance 16 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 staff. I had to lay down the phone. At that point, Bill protected me and himself. He hit Scott. They went on the ground. Bonnie jumped on Bill, was beating the hell out of him, pulling his hair out. Clem and I tried to get her off of Bill to get this separated. We finally got her off of Bill. I hollered in his ear to get up or I was going to fire him, because I knew that would -- he got away safely. He was bleeding. Scott had bit a chunk out of his hand. The police came. They took Scott across the parking lot, got him away from me. They went and talked to Bonnie, took the weapon, came back, talked to us. I stood there with Bonnie, and he was asking her questions. She says, you know, nothing is wrong, blah, blah, blah. I just put everybody safe. Then we all kind of calmed down and tried to get our day back organized, because I had other people standing around. Q Now, you said you heard Bonnie say nothing is wrong? A She said we started it, the painters started it. Q That's what she told the police? A Yes, she did, my employee, per se. Q Did she say anything to you about that before the police arrived? A No. She tried to calm Scott, but then they 17 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 were fighting and cussing and screaming, and, you know, you just have to stay calm. The 911 tape pretty much tells the story of the threats. All of our voices are on that tape. Q Did you attend the preliminary hearing? A Yes, I did. Q Was Mrs. Malakin there? A Yes, she was. Q Did she testify? A She refused. Q How has this affected your operation of the complex since Mr. Malakin was arrested? A I have residents that don't feel safe. I have employees that live there with their children that are not feeling very comfortable. They lock the doors when they're in a vacant unit. It's very hard to take care of 500 people and your staff knowing that we've been threatened. He told the police he would -- he told me several times he was going to kill me. Q Does it affect the way you handle maintenance calls or other operations? A Yes. If she calls, I don't let my two guys go in. I have the other staff go in, because they were not there the day of the attack. That way we can keep it, you know, no problems. MR. LANZA: No further questions for this 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 witness, Your Honor. THE COURT: Mr. Biringer. CROSS-EXAMINATION BY MR. BIRINGER: Q Ms. Huffman, I think I wrote down three times that Bonnie tried to calm Scott down. A To get him in the apartment, yes. Q So she was working to diffuse the situation, wasn't she? A She tried a couple of times, yes. Q Are you aware that Ms. Malakin has appealed the decision by the Housing Authority to cut her assistance? A Yes. I've got a copy of that in the file. Q So that's pending, that hasn't been decided yet, is that your understanding? A It have not received documentation that it's been finished. Yes. Q And the notice to quit that you sent her on February 28th, that was after the arbitration? A What date? Q February 28th, 2006. A Yes. Q And you knew at the arbitration that Bonnie was represented by me? A Yes, of course. 19 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q But you didn't send me a copy? MR. LANZA: Your Honor, I object. THE WITNESS: I don't have to. I send it to the resident and HUD. THE COURT: Hold on, hold on. There's an objection. What is the basis of the objection? MR. LANZA: I don't think it's relative to the validity of the notice as to whether she sent it only to Mrs. Malakin or sent it to opposing counsel. THE COURT: That's something I'll determine. The objection is overruled. Did you send him a copy? THE WITNESS: I did not know I needed to. No, I did not. I sent HUD and Bonnie. BY MR. BIRINGER: Q Bonnie Malakin has lived there with children for how many years? A About 18. Q Have you been there the whole time? A No. I've only been there three. Q Has she caused you any problems, she, herself, since you've been there, other than this incident on May 19th? A We've had some issues with HUD where she refused to allow them entrance into the home for inspections, so they forced me to go in, and I had to 20 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reschedule and reschedule because it was never convenient for her. We've had a couple issues, but nothing drastic. Q Never to the point where you gave her a notice to quit? A No. Q Scott Malakin hasn't been back to the unit since the incident on May 19th? A I have not seen him, so I can't answer yes or no. I have not personally seen him. Q Are you aware that because of the program that Bonnie has been in, which is the Section 8 Tenant Based Assistance Program, you are required to establish good cause for her eviction? A Of course. Q And what are you claiming is good cause? MR. LANZA: Your Honor, I think this is a legal conclusion, as well, that does not address the issue of whether someone's lease has expired. He's talking about -- the cases he's cited in his pretrial memorandum talk about leases that have not yet expired, in the middle of the lease. This is a different situation and not addressed by his cases. THE COURT: What does that have to do with the question? What is the objection? MR. LANZA: The question is whether we have 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • ON to -- it's calling for a legal conclusion as to whether we have to provide good cause for eviction. First of all, it's improper to ask this witness a legal conclusion. Secondly, he's wrong on the law. THE COURT: Mr. Biringer. MR. BIRINGER: The owner understands, as she admitted, that she is required to give good cause. I was asking her what fact pattern establishes that good cause. THE COURT: The objection is overruled. You may answer the question. THE WITNESS: I have 500 residents to keep safe. Our guidelines through PMI state in the lease that if your guest or resident causes any police activity that is grounds for eviction. That day I had to take into consideration her family, the surrounding residents, and the abuse and the threats that she put towards my residents and staff. So my decision was based on police activity, terroristic threats and everything else, and I had to make the proper decision to keep the rest of my residents safe and my employees. BY MR. LANZA: Q You're saying that that incident was Bonnie's fault? A Bonnie and Scott are both on the lease. They were both involved in the incident. She was there. She was 22 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 attacking my staff. They were both involved. Yes, they most certainly were. I stand behind my decision. MR. BIRINGER: That's all I have. Thank you. MR. LANZA: Nothing further for this witness. THE COURT: Than you, ma'am. Next witness. MR. LANZA: I would like to call Ernie Harries to the witness stand. THE COURT: Are we getting into the incident of May 19th now? MR. LANZA: Yes, Your Honor. THE COURT: Mr. Biringer, give me the law you want me to read on what is inappropriate about the expiration of the lease. MR. BIRINGER: First of all, the notice must be specific under 24 C.F.R. Section 982.310(e). THE COURT: Well, how is -- this letter serves as 60-day notice that your lease will not be renewed, which is expiring April 30th, 2006. How is that not specific? MR. BIRINGER: Well, even if specific, that notice is, in effect, waived by continual overdue notices which my client will put into evidence. THE COURT: All right. Let's then have you present your defense to the expiration of the lease. We'll go on that basis right now. 23 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BIRINGER: Call Bonnie Malakin then to the stand. MR. LANZA: All right. So you don't need to hear my other witnesses? We haven't rested. I just want to make that point. THE COURT: I understand that. Are they going to tell me anything that she hasn't told me? MR. LANZA: As to the facts, some of them will actually be -- may I make an offer of proof as to the witnesses, Your Honor? THE COURT: You may. MR. LANZA: All right. Mr. Harries will testify as to events immediately prior to Ms. Huffman's witnessing that morning. He witnessed Mr. Malakin assaulting Mrs. Malakin. THE COURT: All right. Go ahead. Put your case on. Let's get it done. Put your case on. MR. LANZA: Are you speaking to me or to opposing counsel? THE COURT: To you. Put your case on. MR. LANZA: Mr. Harries. ERNEST HARRIES having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. LANZA: 24 0 0 I Q State your name for the record. 2 A Ernest Harries. 3 Q Who do you work for? 4 A Myself, self-employed. I'm a subcontractor 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with PMI. Q Where do you primarily work? A Long Meadows Apartments, Camp Hill. Q Were you working at Long Meadows in May of 2005? A Yes. Q Did you observe an incident involving Mr. and Mrs. Malakin on May 19th? A Yes. Q Can you tell us what you observed? A I pulled up in front of 6 Building, and I saw a man in between the car striking somebody, because you could hear the screams, I mean repeatedly striking with a fist. Q What did A I jumped are you doing, pal? He continued to punch her. Q When you it was he was hitting? A I couldn you do at that point? out of my car. I said, hey, what said, mind your own business, and he got out of your car, did you see who 't see who he was hitting. I just 25 • i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 knew he was hitting a woman. I could hear her cries. I walked between the vehicles, out to the sidewalk, and headed up towards him, and stopped and said -- at that point, I could see Mrs. Malakin's head by the curb and her hair. I said, hey, you can't be doing that, pal. He put his hands on both -- both fingers on each car, which she was lying between, and started kicking her in the head. I said, dude, you've got to stop, and then he stopped and walked up to me. As he came up to me, I turned around and started back towards my vehicle, which I walked in between the vehicles, my vehicle and another vehicle, and he threw his hands up like he was going to do some kind of karate moves or something. Q What did you do then? A I smacked his hands out of my face. Then he came up with a knife and tried to cut my throat. Q How quickly after you smacked his hands away did he -- A Pretty quick, like seconds. Q What happened after he swung the knife at you? A I just leaned back and kicked him in the chest, right below the chest. He hit the vehicle, and then he hit the ground, and then I took off. Well, he had gotten up pretty quick and started chasing me. He chased me over 26 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in front of 8 Building across the parking lot, and then continued to chase me through the parking lot the whole way down towards the swimming pool to 7 Building. I was able to get behind a car and -- we were kind of like back and forth like this. He'd show me the knife and tell me he was going to kill me and cut my spleen out. He was only going to get two years, and he'd be back. Then he was going to kill my family and kids, you know. Q Did you live on the premises? A No. Q How big was the knife? A I'd say approximately five to six inches blade wise. Q At some point, did you find Ms. Huffman and report to her? A She had came up after -- once we reached the car, she had walked up, which I felt she probably should have went to her house and at least tried to tell Scott, let's go, I'm calling the police. You know, it would have been the right thing to do. Q You reported what happened to the other employees at the complex? A Not at that point. I was still at bay for a while. Q But at some point, you did find other 27 • L 1 employees? 2 A Yes. 3 Q And you reported what you had seen? 4 MR. BIRINGER: This is leading. I'm going to 5 object to it. 6 THE COURT: Overruled. 7 THE WITNESS: Yes. I was behind the car for 8 a while. He wasn't going to let me go. I tried pleading 9 with him. At one point, she said, honey, let's just go 10 home, he's not going to call the cops, you can do to me what 11 you want to do to him, which I thought was pretty sick. I 12 just told him -- I said, pal, I've got kids and whatnot. 13 You go home, do your thing. I've got to go to work. He's 14 there, I'm going to kill you, and then I'm going to kill 15 your kids when I get out of jail. 16 BY MR. LANZA: 17 Q Did you see at some point during the chase 18 Mr. Malakin speak to a visitor to the complex? 19 A After a while, a man had come down in a 20 vehicle and stopped and asked for directions to the 21 apartment -- or to the office. I'm sorry. He just all of a 22 sudden was calm as could be and walked over to the vehicle 23 and explained to the dude how to get to the office of the 24 complex. At that point, I thought it was a good idea to 25 take off the other direction and run through 6 Building, out 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • • the back, down towards the office. Q Did he resume the chase after he gave directions? A Yeah, he did. MR. LANZA: Those are all the questions I have for this witness, Your Honor. THE COURT: Mr. Biringer. CROSS-EXAMINATION BY MR. BIRINGER: Q Bonnie Malakin didn't do anything to you, did she? A No. Q She appeared to be a victim to you? A Yes, very much so. MR. BIRINGER: That's all I have. THE COURT: Thank you. MR. LANZA: I would like to call Bill Johnson to the witness stand. WILLIAM JOHNSON having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. LANZA: Q State your name for the record. A Bill Johnson. Q Where do you work? 29 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Long Meadows Apartments. Q How long have you worked there? A Four years. Q Were you working there on May 19th, 2005? A Yes, I was. Q Did you observe any part of the incident in question involving Mr. and Mrs. Malakin? A No, I did not. Q Did you observe Mr. and Mrs. Malakin speaking to Karri Francis? A Yes. Q Can you tell us what you observed? A What I observed was Karri was on -- Ernie actually contacted me by 12 Building. I was coming out of the office. Ernie told me to go get his van. I went and got his van. By that time, Karri had pulled into the parking lot. I guess she was on the phone with 911 at the time. What I did is I just went over to our shop, and I waited there. I saw Scott and Bonnie walking over towards Karri. I called Clem on the radio. Clem and I stood over in the grass by the office just in case anything stupid would happen. What happened was -- Q How near were you to Karri and the Malakins at that point? A What's that? 30 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q How near were you to -- A I was from me to her attorney, I would say. Q Okay. A Scott was yelling in Karri's ear and everything. I told Scott, look, just back off. We'll let the cops handle everything. Everything will be taken care of. He came over, looked at me and said, if you feel froggie, jump. I'm not going to lose my job for somebody. I just stood there. I had my arms folded. He went back over with Karri and Bonnie, started to get in her face again, started getting louder. I said, just step off. Just leave her alone. Let the cops handle everything. That's when he came back over. Clem was there. He looked at Clem and said, Clem, I don't have no problems with you. Excuse what I'm going to say. He looked at me and said, I have a problem with this motherfucker right here. That's when he cold-cocked me. Q He punched you? A Yeah, he punched me right in the face. Q What did you do then? A I basically went into self-defense mode and just started -- I hit back. Q Did you get on the ground at some point? A Oh, yeah. We ended up on the ground, in the grass, in front of the office. 31 0 • 1 Q What happened after you and Mr. Malakin were 2 on the ground ? 3 A The last thing I remember or that I know of 4 is that everybody was on top of me, and I was -- I mean, I 5 was hit ting. The next thing I remember is Karri telling me, 6 if you don't stop, you're going to be fired. 7 Q Did you get injured at all in the 8 altercation? 9 A I got bit in the finger and got my hair 10 ripped out of my head. 11 Q Do you know who ripped your hair out? 12 A No, I don't. 13 Q You didn't see? 14 A No. 15 Q As far as the biting on the finger, who did 16 that? 17 A Scott. 18 Q Did you have any long-term consequences from 19 that? 20 A I had six months of HIV testing. 21 Q And they came out clear? 22 A Yes. 23 Q How much of your hair was ripped out? 24 A Pretty much half the top of my head was 25 ripped out. 32 0 0 1 Q Has it grown back? 2 A Slowly but surely. Not completely, no. 3 Q At some point, were you separated from Mr. 4 Malakin? 5 A Yes. 6 Q And you left the scene at that point? 7 A Yes. I was taken over to the shop by Clem. 8 Q And they treated your injuries? 9 A Yes. 10 Q How has this affected your work and your 11 ability to work in the complex since then? 12 A I'm kind of looking over my shoulder all the 13 time. I used to be able to walk between 2 and 3 Building to 14 go down to 7, 8, 9 and 10. I don't do that no more. I've 15 got to walk all the way down around 5 Building, which takes 16 me clean out of the way if I have to go to 7 Building to do 17 a job. If I'm in a apartment doing a turnover, I lock all 18 of the doors. 19 Q Are you allowed to work on maintenance calls 20 at Ms. Malakin's apartment? 21 A No. I don't go anywhere near her apartment. 22 Q Does that affect the work scheduling among 23 all of the employees? 24 A Yes, because we only have three guys. We 25 have 286 units we've got to take care of. With one guy 33 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 going in there and one guy doing turnovers, it pretty much screws up everything. MR. LANZA: I don't have any further questions for this witness. CROSS-EXAMINATION BY MR. BIRINGER: Q You know that Scott Malakin isn't in Bonnie Malakin's apartment anymore, don't you? A I have no clue. Q Have you ever seen him there since then? A I don't go near the building. MR. BIRINGER: That's all. MR. LANZA: Thank you. Nothing further. I would like to call Clem Laskoski to the witness stand. THE COURT: What is he going to tell me that I haven't heard? MR. LANZA: He witnessed the assault on Bill Johnson, and he did witness who it was that pulled the hair. THE COURT: All right. I'll hear it. CLEM LASKOSKI having been duly sworn, testified as follows: EXAMINATION BY THE COURT: Q Did you hear Mr. Johnson's testimony just a minute ago? 34 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Did you see the assault? A Yes. Q Did you see who pulled his hair out? A When Bonnie was trying to get him off of her husband, that's when she grabbed ahold of his hair and pretty much tried to pull him off that way. That's when it came out. THE COURT: Anything else? MR. LANZA: Nothing else, Your Honor. THE COURT: Mr. Biringer. CROSS-EXAMINATION BY MR. BIRINGER: Q Mr. Laskoski, isn't it possible that Bonnie was pulling on Bill's shirt rather than his hair? A I don't now he lost a wad of hair then. I was already on top of his back at the time. Q So you were on top of Bill at the time? A Yes. I had his one arm winged back so he wouldn't hit Scott anymore, and I was trying to roll him off. Q So the pile is Scott, Bill, Mr. Laskoski and Bonnie? A And her off to the side trying to pull -- Q On the top? 35 • 0 1 A No. She was off to the side trying to pull 2 him off. 3 Q Well, you were pretty busy at the time, 4 weren't you? 5 A Yeah. 6 Q How do you know who pulled his hair? 7 A Because my hands were full. Those two going 8 at it, their hands were full. She was the only one that had 9 an empty hand to do anything. 10 THE COURT: Are you saying you're presuming 11 she pulled it or that you actually saw her pull it? 12 THE WITNESS: Well, his head was right there, 13 and I saw the hand come over and try to pull us all off. 14 MR. BIRINGER: That's all. 15 REDIRECT EXAMINATION 16 BY MR. LANZA: 17 Q You didn't pull his hair, did you? 18 A No. I don't need to pull his hair to get him 19 off. 20 Q Was there hair around the parking lot after 21 the incident? 22 A Yes. 23 Q How much? 24 A A good wad of it, you know. 25 Q Was it Bill's hair? 36 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yeah. Q Did you observe his injuries after the incident? A Yeah. He had a nice bald spot. MR. LANZA: Nothing further, Your Honor. THE COURT: Any follow-up, Mr. Biringer? MR. BIRINGER: No. THE COURT: Thank you, sir. Mr. Lanza. MR. LANZA: I would like to call Lieutenant Green, please. THE COURT: What is he going to testify to? MR. LANZA: He'll testify that Mrs. Malakin was holding the knife for her husband, holding the weapon, attempted to get it back, refused to testify at the preliminary hearing, testify as to the threats Mr. Malakin made subsequent to the incident, additional crimes committed by Mr. Malakin. THE COURT: All right. Ill hear it. LT. MARK GREEN having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. LANZA: Q Would you state your name for the record. A I'm Lieutenant Mark Green with the East Pennsboro Township Police. 37 • • 1 Q Did you respond to a call at the Long Meadows 2 Apartments on May 19th? 3 A Yes. 4 Q What did you observe? 5 A We had talked to all of the -- to cut the 6 time down, we talked to all of the witnesses, these 7 witnesses, who stated what happened, and talked to Scott 8 Malakin, Mirandized Scott Malakin and asked him if he would 9 answer questions in reference to the incident. He did admit 10 to chasing the individual with the knife. He was asked 11 where the knife was. He stated, well, it's either -- either 12 his wife has it or it's in their apartment. He insisted 13 that the knife was a legal knife. 14 We asked Mrs. Malakin about the knife, and 15 she was hesitant, you know, not saying anything. She did 16 retrieve the knife from her front pants pocket after her 17 husband was insisting that, you know, we be able to view the 18 knife to show us that it was not an illegal weapon. The 19 knife was in her pants pocket that was -- that Malakin 20 admitted that he used to chase the maintenance man with. 21 Q Did Mr. Malakin make any statements to you in 22 the course of his arrest? 23 A Well, he was searched, of course, incident to 24 arrest, and he did -- he was found in his pocket to have 25 about 25 rounds of handgun ammunition in his pocket, in his 38 1 pants pocket, on him at the time. He made numerous threats 2 that when he gets out of jail that he's going to kill the 3 staff at the complex. He was nonstop. The whole time we 4 had him at the office while we were typing up the charges, 5 he was swearing at everybody and continuously made threats. 6 He didn't take but a minute to breathe in between. It was 7 constant. 8 Then we -- after we got all of the charges 9 typed and we drove him to Judge Day's office, who was the 10 on-call judge, he then -- he continued threatening the 11 apartment complex. Then he went and changed it to 12 threatening myself and Detective Shope, who was with me, 13 stating that he was going to kill us when he gets out, he 14 was going to shoot us. He said that them and us, being the 15 police, we were all going to be sorry for what happened to 16 him that day, that they can't keep him in jail forever and 17 that we're going to be sorry. 18 Q Did he engage in an assault at that point? 19 A After we arraigned him from -- 20 THE COURT: I don't really care what happened 21 at the police station. We're focusing not on Mr. Malakin's 22 conduct. That's admitted. We've got to focus on 23 Ms. Malakin. 24 BY MR. LANZA: 25 Q One follow-up question. Did you execute a 39 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 search warrant on the apartment? A Yes, based on him making the threats to shoot and kill us and him having handgun ammunition in his pocket at the time of arrest, we did execute a search warrant at the apartment to search for the weapons and ammunition. Q What did you find? A We found two loaded .380 caliber pistols. We found an AK-47 assault rifle, ten unloaded banana style high-capacity magazines for it. We found six loaded high- capacity magazines for the assault rifle. We found like a .303 British type -- you know, old military type rifle. Along with the guns and ammunition, we found some drug paraphernalia and small amounts of marijuana. THE COURT: Were any of the guns illegal? THE WITNESS: No, none of which were illegal in and of itself. MR. LANZA: Those are all the questions I have, Your Honor. THE COURT: Mr. Biringer. CROSS-EXAMINATION BY MR. BIRINGER: Q Lieutenant, again, with the knife, when you arrived, Bonnie Malakin had it in her possession? A In her pocket, correct. Q She turned it over to you? 40 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Eventually. Q How long? What does eventually mean? A She wasn't saying anything, wasn't being cooperative. She only turned it over because her husband requested that we were able to see it to prove to us that the knife was a legal knife. Q She wasn't combative with you, was she? A No. She was not combative at that time no. Q In fact, you didn't charge her with any crime? A Due to her being a victim in this case, we couldn't charge her with anything, because then she -- we wouldn't have had her as a witness for the -- then she would have had a Fifth Amendment right not to testify, and we wouldn't have her as a victim. Q What was she a victim of? A She was a victim of her husband assaulting her in the parking lot. Q Domestic violence? A Correct. MR. BIRINGER: That's all. THE COURT: Did she testify? THE WITNESS: No, she did not testify. Actually, during the search warrant -- she was telling us at the search warrant that her husband shouldn't be arrested 41 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because she's the wife, and she does not have to testify against her husband; so, therefore, he can't be arrested for assaulting her. I tried to explain to her that, you know, she does have to testify. She was telling us that what he was doing to her was nobody's business; that if she didn't cry out for help, then nobody should get involved; and that she should be allowed to be assaulted by her husband if that's her wishes. MR. THE MR. THE MR. we move for the adi THE LANZA: COURT: BIRING COURT: LANZA: nission COURT: Nothing further, Your Honor. Mr. Biringer. ER: Nothing. Thank you, sir. Your Honor, Plaintiff rests, and of our exhibits. I've got 1, 2, 3 and 9. Any objection, Mr. Biringer? MR. BIRINGER: Let's see. I objected to, what was it, 4 and 8. THE COURT: They weren't being offered. MR. BIRINGER: Right, okay. No objection to the rest of them. THE COURT: Okay. 1, 2, 3 and 9 are admitted. Mr. Biringer. MR. BIRINGER: Call Bonnie Malakin. 42 0 0 1 BONNIE MALAKIN 2 having been duly sworn, testified as follows: 3 DIRECT EXAMINATION 4 BY MR. BIRINGER: 5 Q State your full name, please. 6 A Bonnie Malakin. 7 Q Where do you live, Bonnie? 8 A I live over at Long Meadows Apartments, 9 3 Richland Lane, 3B-108. 10 Q Who lives there with you? 11 A My two daughters, my 11-year-old and my 12 19-year-old. 13 Q Are you married to Scott Malakin? 14 A Yes. I've been married to Scott for 21 15 years. 16 Q Are you separated from him? 17 A At this time, because we can't live together. 18 It's a condition of his probation that he never come back to 19 Long Meadows Apartments. 20 Q Were you separated from him on the date of 21 the incident that we have been discussing, May 19th? 22 A Yes, I was. 23 Q He hasn't been back since? 24 A No. 25 Q Had you had any prior problems at the 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 apartment complex? A Approximately 12 years ago, when him and I were separated, I remember Mr. Quigley had brought us to court saying that he wasn't allowed to be staying there. At that time, I gave him proof of a residence that he was at. At that time, we were trying to get back together, but he was not on the lease, so I had to prove to them that he legally wasn't living there. After that, I appealed it, and then it ended. We continued -- I think it was an extra maybe six months later, he was able to be put on my lease again. Q Have you always paid your rent? A Yes. Q Has it ever been late, to the best of your knowledge? A No. Q Since the filing of this appeal, where have you paid your rent? A The courthouse. Q Has it ever been late? A No. Q Is it all there? A Yes, and I actually was confused part of the time. I didn't realize I still had my HUD contract, so I paid the full rent for about five months, because I didn't 44 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know that HUD was subsidizing my rent anymore. Q Now, Long Meadows has a letter dated February 28th, 2006, purporting to terminate your lease by giving you 60 days notice. Did you receive this letter? A Yes, I did. Q Despite the receipt of this letter, have you received other letters from Long Meadows? A Every month they sent me a letter saying -- actually, they address it to Scott, but it's sent to my apartment -- but it's stating that we owe them thousands of dollars. Each month the amount changes. MR. LANZA: Your Honor, I object to the relevance of this at this point. I think the import of this testimony is that we sent late notices or continued notices demanding the unpaid rent. I don't see how that's relevant at this point. The fact is she was occupying the property. We're entitled to the money. It does not somehow ratify the lease. It does not create a new lease. We made it clear on February 28th what our position was, as we had prior to this whole litigation. The fact that -- THE COURT: Your objection is on the basis of relevance? MR. LANZA: Yes, Your Honor. THE COURT: Overruled. MR. BIRINGER: May I approach the witness, 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 Your Honor? THE COURT: You may. BY MR. BIRINGER: • Q Bonnie, I want to show you three letters and have you identify them for record. Let's start with the first one. What is this? A An overdue notice that -- THE COURT: Are they marked as exhibits? MR. BIRINGER: No, these are not marked. MR. LANZA: Your Honor, we'll stipulate that we sent these rather than have him go through each of these. THE WITNESS: Every month they keep sending them. THE COURT: Do you want to give them numbers, and we'll admit them, Mr. Biringer. MR. BIRINGER: These would be Defendant's -- I forget where we left off. MR. LANZA: Were these on your exhibit list prior to -- MR. BIRINGER: No. MR. LANZA: Then I would object on that basis. MR. BIRINGER: You just said that you had no objection to the entry of -- MR. LANZA: No. I said we'll stipulate we 46 • 0 1 sent them. I didn't say we didn't object to their being 2 entered. I would object if they weren't on your exhibit 3 list. 4 MR. BIRINGER: Well, if there's no objection 5 that you sent them, then certainly we can discuss them. I 6 don't have to have it entered into the record. 7 MR. LANZA: I will not object to discussing 8 them, Your Honor, except that now it becomes repetitive 9 since we've stipulated we sent them. I object to having 10 them in the record. 11 THE COURT: I'm going to overrule that. 12 BY MR. BIRINGER: 13 Q Bonnie, I'm showing you three letters. What 14 are they? 15 A They're late notices. The three that are up 16 here right now are the April 6th, 2006, May 8th, 2006, and 17 June 6th of 2006, and all indicating that a balance is due 18 to Long Meadows. They're all addressed to Scott, but I was 19 the one living there. 20 Q Where were you paying your rent at the time 21 you received these notices? 22 A I would come up to the courthouse every month 23 and pay them in escrow. 24 Q Do those letters say anything about the 25 termination of your lease? 47 • 0 1 A No. It even states that if you don't -- it 2 says a statement here that a default to unpaid rent could 3 end up in having them filing a complaint at the district 4 magistrate court. 5 Q Thank you. Bonnie there's been a lot of 6 testimony about what happened on May 19th. Could you tell 7 the Court what happened in your own words? 8 A Yes, I will. I was standing outside by my 9 car with my husband. I just put my youngest daughter on the 10 school bus. Him and I, after she left, became engulfed in a 11 very bad argument which resulted in him pulling my hair. It 12 was a very bad argument. At that time, the painter noticed 13 it. I don't know where exactly he came from, but he just 14 appeared. 15 Q Who is the painter? Do you remember his 16 name? 17 A Yeah. It's Ernie. I've known him for 18 several years. He came and was telling Scott to stop it, 19 and I'm telling Scott, please stop, let's go inside and calm 20 the situation down, because it's getting to be out of 21 control. The next thing I know, Ernie and Scott are 22 fighting, and I'm running after Scott to have him not fight 23 with Ernie, to have us just go inside and stop this event 24 now. As I'm telling him to stop, we're running around the 25 van, and somehow Ernie was just gone. I don't know where he 48 • 1 went or how he got away. 2 I just know I kept telling Scott, please stop 3 this. You need to stop this. I was saying, look, Ernest 4 will go back to his job, you know. He's not going to 5 discuss this with Karri. We'll just calm the situation 6 down. But at that point he was certain that he was going to 7 be calling Karri, Ernest was going to be calling Karri, so 8 he wanted to go down to the office and discuss this issue 9 with Karri. 10 Q Scott wanted to discuss this with Karri? 11 A Yes, what was happening. We got down to the 12 office, out front of the office. I remember Karri was on 13 the telephone, and Scott was saying things like, you want to 14 call the police. He wanted to talk to her about what was 15 going on. She's like, hold on, I'm on the phone. So we're 16 standing near the steps in front of the office. That's when 17 Bill goes a step down. Within seconds, they're fighting. 18 Q Who's fighting? 19 A Bill and Scott are fighting. Bill is on top 20 of Scott, and he keeps punching him repeatedly in the nose, 21 and it's bleeding everywhere. At that time, I felt that I 22 needed to stop the fight. I was very scared what was going 23 to happen. That's when I got to Bill and I started pulling 24 on his shirt to try to get him to stop, and it -- it wasn't 25 successful. I'm yelling and screaming and very upset that 49 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this is still going on. There was blood everywhere from his nose being continually punched. And then Clem -- I'm not sure that's his full name -- but Clem, the other maintenance man, comes to help, to try to pull Bill off Scott. They're still fighting. It's still not working. Then I remember Karri saying, Bill, stop, and then it just stopped. Everyone got up. I gave Clem his sunglasses back. Then there was the police. Q That was the end of the fight when Karri said, Bill, stop? A Yes. Q Now, Clem testified that you pulled his hair, not his shirt? A No. I was pulling his shirt. I didn't pull his hair ever. When I talked to Scott about this, he said he was pulling his hair to stop him from punching him repeatedly in the face. I didn't pull his hair ever. Q What happened when the police came? A They separated everybody, and they were talking to everybody about what was going on. It was really crazy, a very, very upsetting experience. Q Did you have a knife? A Later I had a knife when Scott gave me his jacket. When he gave me his jacket, I had no idea that there was a knife in there. It was a shock to me. Okay. 50 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Then the police officer is talking to me about it. I don't know what to say. I don't know what to do. I'm very, very upset. And I don't want to say anything at this point, because I just don't know what I should say. Then Scott said something about there's a knife in his jacket or something, and I had the jacket, so I gave him the jacket, and there appeared to be a knife. I don't know how it got there. I didn't see the knife. I didn't know it was there. Q And you weren't charged with anything? A No. Q You weren't arrested? A No. I don't have a criminal record, sir. Q Are you trying to relocate? A Yes, I am. Q Are there problems associated with that attempt? A I'm having a lot of problems relocating because of the problem of me living at Long Meadows for 19 years. Many people, when you move, they want to talk to your landlord, and it's very difficult to find people that don't want to talk to her. When they talk to Karri, I can't get her just to say, Bonnie pays the rent -- MR. LANZA: objection. I think this is hearsay as to what -- MR. BIRINGER: I'll withdraw the question. 51 • • 1 BY MR. BIRINGER: 2 Q Do you have any physical problems, you and 3 your children, in relocating? 4 A I have multiple sclerosis, and I'm 5 permanently disabled. I collect my Social Security at age 6 41. My youngest daughter, Julia, is permanently disabled 7 because she has autism. Those are complications. 8 MR. BIRINGER: Your witness. 9 CROSS-EXAMINATION 10 BY MR. LANZA: 11 Q Is it your testimony that you didn't see who 12 pulled Bill Johnson's hair and you don't know? 13 A All I know is I didn't do it. 14 Q Do you remember testifying in January at a 15 previous hearing before a panel of arbitrators in this 16 matter? 17 A I remember some of the things that I said, 18 yes. 19 Q Do you recall at that hearing Ernie Harries 20 was not present? 21 A That's correct. 22 Q You testified that he, in fact, started the 23 fight with your husband at that hearing? 24 A It happened very quickly. To be honest, I 25 believe that he sucker-punched Scott in the stomach. I 52 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 didn't see everything. It happened very, very quickly. It became out of control very fast. All I tried to do was stop it. Q And you were on the ground at the time? A No, I wasn't on the ground. My hair was being pulled, and I was on the side of my car. I wanted Scott to go inside to stop this. I didn't want anyone else to be involved. I wanted him to get medical care for his mental problems. Q So your testimony is your husband has -- THE COURT: What mental problems? THE WITNESS: He has a schizoaffective disorder. He went to a mental institution and lived there for eight months after this happened. He's had mental care before this incident, but nothing -- nothing like living at a mental institution. BY MR. LANZA: Q How long has your husband had mental problems? A I think his whole life. It has to do with this disorder. His doctor was telling us about the size of the brain, you can tell when you're a child. Q You were aware of these mental problems? A I didn't know exactly what they were. I'm not a doctor. I don't know how to treat them. I didn't 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C? • know what was wrong. Q But you knew something was wrong? A Yes, I knew something was wrong. I didn't know how severe it was. Q You were aware that he had guns in the premises? A Yeah. He legally bought the guns. He never shot anyone ever in his life. Q You didn't have a problems with him having guns in the apartment? A No, I didn't. I grew up on a military base my whole life. When I'd go through the gate, they had M-16s. My dad had many various guns. I come from a military family. His father was a general in the Air Force. He did, too. Guns are not strange to me. Q But none of those people had mental problems, is that correct? A I don't know. Q All right. Did you testify pursuant to the police request for you to testify in your husband's case? A I took the right that a wife has to a husband not to incriminate their husband. I wanted my husband to get better, to be helped. Q Did you approach the assistant D.A. that was prosecuting the case, Mr. Dailey, to try to get some kind of 54 • • 1 leniency or consideration for your husband? 2 A I don't understand what you're talking about. 3 Q Did you meet with Mr. Dailey to -- 4 A The D.A. I tried to call that day, and they 5 refused to speak with me. So there was no discussion 6 between me and the D.A. any time. Even before Scott's 7 hearing with Manlove, there was no discussion. 8 Q Or even after that? 9 A Even after that. The only time I remember 10 talking to the assistant D.A. was to get the right -- I had 11 to sign some kind of paperwork to get the right to visit my 12 husband. 13 Q So your testimony is you've never asked the 14 D.A. for any type of leniency or consideration for your 15 husband? 16 A I'm not sure exactly what that means, sir. 17 MR. BIRINGER: Your Honor, I'm going to 18 object to the relevancy of this. She's not asking that 19 Scott come home to this address. In fact, she's saying he 20 can't. 21 MR. LANZA: She's not officially asking that, 22 Your Honor, but her actions since then -- 23 THE COURT: Objection sustained. Next 24 question. 25 MR. LANZA: Nothing else for this witness, 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • Your Honor. 0 THE COURT: Mr. Biringer, any follow-up? MR. BIRINGER: No, Your Honor. THE COURT: Thank you, ma'am. You may step down. MR. BIRINGER: Defense rests. MR. LANZA: I would like to put up one rebuttal witness. THE COURT: What's the offer? MR. LANZA: The offer is as far as the late notices, how they're generated, the fact that they're generated automatically, and that there was no intention to create a new lease hold by virtue of the late notices. KARRI HUFFMAN recalled as a witness in rebuttal, having previously been sworn, testified as follows: DIRECT EXAMINATION BY MR. LANZA: Q Ms. Huffman, you have seen the copies of the overdue notices that were generated subsequent to the termination of the lease? A Yes. Q How are those generated by your office? A On the 6th of every month, every current and prior resident that owes any kind of monetary value over 56 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 $1.00, a letter is automatically generated, and we have to mail it. Q Does the computer do that? A Yes. It's an automatic company policy. Q That's company wide? A Yes. Q Would it take an effort to stop those from being generated? A It's in the programming. I guess we could pull them as they print. My job is if there is anyone that owes us money, I have to send it out. It's a part of my obligation. Q There was testimony from Mrs. Malakin that she had never been late prior to this incident? THE COURT: That exceeds your offer. MR. LANZA: Nothing further for this witness, Your Honor. MR. BIRINGER: No cross. THE COURT: Thank you, ma'am. You may step down. MR. LANZA: I would like to make a closing statement if I may, Your Honor. MR. BIRINGER: Don't I get to go first? MR. LANZA: I have no objection to that. THE COURT: Let's focus on the lease 57 0 0 I termination. 2 MR. BIRINGER: This is sort of an 3 intermingling, Your Honor, of both state and federal law. 4 Under state landlord/tenant law, there has to be either an 5 end of the term, a breach of a condition of the lease, or 6 nonpayment of rent. Nonpayment of rent is off the table. 7 THE COURT: I said let's focus on the 8 expiration. Is there anything in the HUD regulations that 9 require the landlord to renew the lease at the end of its 10 term? 11 MR. BIRINGER: No, but the landlord has to be 12 specific and consistent. That's the problem here. They 13 gave this February -- 14 THE COURT: Point something to me. When 15 you're saying it has to be specific and consistent, give me 16 some language so I can interpret that. 17 MR. BIRINGER: Okay. First of all, the 18 landlord is required to establish good cause. I talked 19 about that before. 20 THE COURT: Wait, wait. Are you mixing 21 apples and oranges? 22 MR. BIRINGER: Maybe so. 23 THE COURT: I'm not that bright, Mr. Biringer. 24 Don't mix apples and oranges. Let's stay on the issue of 25 the lease termination. I'm looking at a lease that expires 58 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 April 30, 2006. I see a notice that is very specific that says, we want you out for this reason, but whatever, we're not going to renew the lease, and that was given 60 days before the expiration of the lease. MR. BIRINGER: And I guess my position is that that has been waived by subsequent events. THE COURT: The subsequent events being the late notices? MR. BIRINGER: The late notices, for one, and everything else that has happened since then. Their complaint, which does not include end of the lease term, could have been amended. We could have had notice that that was the issue. THE COURT: I gave you that notice at the time of the pretrial conference, as I recall. MR. BIRINGER: Well, I didn't have it, but that's my fault, probably, for not requesting it. Our position is that we talked about May 19th from the very beginning of this case. Now, all of a sudden, it's the end of the term. THE COURT: We had a pretrial conference months ago -- I don't have the Order right now -- in February. It was made clear to all, by the way, by the time this comes up, the lease is going to be over. MR. BIRINGER: Well, but I took the position 59 9 • 1 at that time that it wasn't. First of all, I hadn't seen 2 the notice to quit. Once again, I don't fault the Plaintiff 3 for that. But my position was then, and is now, that these 4 subsequent events, these overdue notices, have waived that, 5 and that they are concentrating on this violent conduct that 6 my client has participated in as grounds for termination. 7 We feel that they don't have that. 8 THE COURT: I may very well agree with you in 9 that regard. Mr. Lanza, the complaint doesn't allege lease 10 termination. 11 MR. LANZA: At the time of the complaint, the 12 lease had not expired. We went through two hearings prior 13 to the expiration of that lease. We had already had one at 14 the arbitration level prior to the expiration of that lease. 15 Understand what we're going through. Still, the release of 16 the Defendant has been imminent for some time. In the 17 spring of 2006, it was imminent. Rather than try to amend 18 the complaint, reopen the pleadings, we were attempting to 19 get a trial. I listed this case for trial very early in the 20 appeal process. For some reason, in the offices in this 21 building, that got lost, and that's why it took until July 22 before it got in front of Your Honor. At the time, we were 23 looking to get a trial to get this issue resolved because of 24 the danger to the employees. But the fact is we did not 25 amend the lease. I don't think we were required to amend 60 • 1 the lease. 2 THE COURT: Amend the complaint. 3 MR. LANZA: The complaint, I'm sorry. We did 4 not amend the complaint. What Your Honor is looking at 5 here -- 6 THE COURT: Did you list -- obviously, you 7 listed your notice to quit as part of your exhibits? 8 MR. LANZA: As far as for today, Your Honor? 9 THE COURT: Yes. 10 MR. LANZA: Yes, I did. Notice of nonrenewal 11 is Exhibit P-3. What you're faced with, Your Honor, at this 12 time, is a situation where the tenant does not have a lease. 13 If you were to deny the relief we're requesting, how long 14 can she stay there? 15 THE COURT: Sixty days under the term of the 16 lease. 17 MR. LANZA: Well, what rights does she have 18 to this property even if we lose this case? Where does that 19 leave the parties? I think, Your Honor, we're entitled to a 20 possession order today. I don't see how we can have a 21 relationship between the parties. Aside from the issues, 22 the fear that Mr. Malakin will return as long as the wife is 23 there, aside from that -- and I'll be happy to address that, 24 I would like to address that -- the fact is Mrs. Malakin has 25 no lease with us. 61 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Her arrangement with HUD is separate. There's a separate contract between HUD and herself, which is terminated. I understand there is an appeal, but that's not something that can affect us. We're looking at not collecting any subsidies next month. The portion that she has been paying will be insufficient to pay the lease. It will be a frivolous exercise and a dangerous exercise to require us to refile and come back here again. We've been through this so many times. They have promised to leave so many times. It's gone month after month after month, and nothing has happened. No effort has been made to leave. The testimony -- she stated earlier about them being separated. THE COURT: Are you making an oral motion to amend the complaint? MR. LANZA: Well, Your Honor, if that's necessary, then I would make that motion. THE COURT: I think it's allowable. I like to keep the record straight. I'll allow you to object to that, but I think -- MR. BIRINGER: Then I have an opportunity to answer the amended complaint? THE COURT: Actually, I think that the rules say you may ask that the complaint be amended to conform to the evidence. Mr. Biringer, I'm finding as a fact that your 62 • • 1 client got notice at the 60-day time period. I'm also going 2 to find as a fact that she was a victim and was not a 3 perpetrator of that assault. 4 MR. BIRINGER: Just one point. Mr. Lanza 5 says there's no lease. Well, there's an oral lease in 6 Pennsylvania. It doesn't have to be in writing. They have 7 a lease. 8 THE COURT: I don't find that. I find, 9 frankly, it's clear from everything that the Plaintiff 10 wanted her out. The fact that they sent the overdue notices 11 doesn't in any way waive that. They were very clear in the 12 letter of February 28th that they were not going to renew 13 their lease. Unless there is some federal law that I'm not 14 versed in that would require them to have new cause not to 15 renew the lease, they've got the right not to renew that 16 lease, and I'm finding as a fact that they've done that. 17 Under the terms of the lease, they gave the notice that was 18 required, and that no lease exists as of April 30, 2006. 19 On the other hand, I'm also finding as a fact 20 that she was the victim of that assault and not a 21 perpetrator of any criminal wrongdoing and that there was 22 not just cause to terminate the lease early, at least 23 vis-a-vis Mrs. Malakin and her children. 24 MR. BIRINGER: Where does this put her, in 25 your view, on the possession issue? 63 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: I'm going to give an order for possession today. What are my options? I just found as a fact that there was no lease after April 30th. She was advised. MR. BIRINGER: Well, the only thing I can suggest off the top of my head is you give me an opportunity in five days to submit a brief in support of her right to stay beyond this order of possession that you're awarding today. THE COURT: Do you have some law that justifies that? MR. BIRINGER: Well, I have law, but I'm going to have to piece it together a little bit to make that argument. I don't think I'm ready to do that today. THE COURT: Okay. Let me make some findings of fact and conclusions of law, and I'll give you till Monday to file briefs in support of your respective positions, and I'll enter an Order on that basis. (The following Order was entered by the Court:) "AND NOW, this 23rd day of August, 2006, after hearing, we make the following Findings of Fact: "1. Defendant Bonnie Malakin committed no criminal wrongdoing and was, in fact, the victim of the criminal wrongdoing of her husband, Scott Malakin. 64 1 "2. The lease, by its terms, expires on April 30, 2 2006. Provided, however, it would be renewed for a 60-day 3 period unless the landlord gave appropriate notice of its 4 nonrenewal. 5 "3. In this case, the landlord did give 6 appropriate notice of its nonrenewal on February 28, 2006. 7 "4. The subsequent conduct of the Plaintiff 8 asking for payment of overdue rent in no way vitiated the 9 notice to quit. 10 "Based upon the above Findings of Fact, 11 counsel are directed to file memoranda of law in support of 12 their respective positions as to why this Court should or 13 should not issue an immediate order for possession by close 14 of business on Monday, August 28, 2006." 15 THE COURT: I also would be interested in 16 having you attach proposed Orders of Court for the relief 17 that you want. That goes for you, too, Mr. Biringer, both 18 sides. 19 (Court was adjourned.) 20 21 22 23 24 25 65 • • CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Susan Rice Stoner Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. /I />, a ? 66 9Z :2 H" ZZ A CN 9631 Acv' i ]Hl ?O • RHODES DEVELOPMENT GROUP,: INC., t/a LONG MEADOWS ASSOCIATES, LP and LONG MEADOWS APARTMENTS, Plaintiff V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2878 CIVIL TERM CIVIL ACTION - LAW TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE EDWARD E. GUIDO, J. Cumberland County Courthouse, Carlisle, Pennsylvania on Wednesday, September 27, 2006, in Courtroom No. 3 APPEARANCES: DAVID LANZA, Esquire For the Plaintiff ORIGINAL GEOFFREY BIRINGER, Esquire For the Defendant FOR THE DEFENDANT Bonnie Malakin Karri Huffman, as on cross 0 INDEX TO WITNESSES DIRECT CROSS REDIRECT RECROSS 4 15 -- -- 18 25 -- -- 2 INDEX TO EXHIBITS FOR THE PLAINTIFF 11 - Letter dated 1/3/91, Cumberland County Housing Authority to Bonnie Malakin 12 - Letter dated 1/11/06, David Lanza, Esquire, to Human Relations Commission IDENTIFIED ADMITTED 26 35 32 FOR THE DEFENDANT 33 1 - Handwritten letter dated 7 34 8/4/05, Bonnie Malakin to Karri Francis 2 - Handwritten letter dated 8 34 8/10/05, Bonnie Malakin to Karri Francis 3 - Letter dated 8/16/05, 9 34 Karri Francis to Bonnie Malakin 4 - Housing discrimination 11 34 complaint 5 - Complaint before Pennsylvania 11 34 Human Relations Commission 6 - Respondent's answer to complaint 23 34 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Good morning. This is the time that we set to allow the defense to present testimony regarding any defenses she would have on the amended complaint of nonrenewal of the lease. You may proceed, Mr. Biringer. MR. BIRINGER: Call Bonnie Malakin to the stand. BONNIE MALAKIN having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. BIRINGER: Q Restate your name. A Bonnie Malakin. Q Bonnie, where do you live? A I live at Long Meadows Apartments, 3 Richland Lane, 3B-108. Q How long have you lived there? A It's been approximately 20 years. Q Are you handicapped? A Yes, I am. I suffer from multiple sclerosis. It's not very easy to describe it, because not everyone -- it's not all the same for everyone, and it doesn't affect you the same each day. Some days it's where I can't even get out of bed. Other days I'm able to sit in the courtroom. You never really know what's happening. It's 4 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 just kind of working on destroying the body. Q Have you ever had to have emergency services come to your apartment to deal with this problem? A Yes. Last August I was completely incapacitated. I couldn't get out of bed. I had to call an ambulance. They came to my bedroom with a stretcher and put me on it and then tried to wheel me out to the ambulance. They had some difficulty, because when I'm on the stretcher and they get me out of my apartment, all that's there to transport someone is a big grass field. So they have to go down with the stretcher down this grass hill to get to the sidewalk to try to get to the ambulance, and they were wondering why there wasn't a ramp for safety reasons, because they wouldn't be able to transport people as safely as they wanted to. When it almost tipped over when we were going down the hill, it was quite concerning to me. At that point, you know, I definitely wanted to get to the hospital, wanted to do something in case this ever happened again, because when I spoke to my neurologist, he said it could. MR. LANZA: Your Honor, objection as to relevance. I think we're really getting far afield here. THE COURT: Do you have a game plan here, Mr. Biringer? MR. BIRINGER: We're going to go to another question. 5 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: All right. BY MR. BIRINGER: Q Did you make Long Meadows Apartments aware of your handicap? A Yes, I did. I think about four or five years ago, I'm not sure of the exact date, when I had to get a handicapped sign for my car, they were aware of it then. Then even previous to that, I had mentioned it verbally to them. Q Are any other members of your household handicapped? A Yes. My youngest daughter is autistic. Q Did you make Long Meadows Apartments aware of that fact? A Yes, I did. Q Now, because of these handicaps, did you ask Long Meadows Apartments for any accommodations? A Yes, I did. I asked them to put a ramp in. And then there was some other accommodations for my safety, such as a minor peephole that I wanted to have installed. Q And how did you make them aware of it? A I wrote them about three different letters saying would you please do these things for me. MR. BIRINGER: Your Honor, may I approach the witness? 6 • • 1 THE COURT: You may. 2 MR. LANZA: Your Honor I'm going to renew my 3 objection on relevance. The fact is, we have provided the 4 accommodations required by federal law. 5 THE COURT: You'll get to present that as 6 part -- what's the relevance, Mr. Biringer? 7 MR. BIRINGER: The relevance is that it is 8 our position that despite the fact that Ms. Malakin made the 9 Long Meadows Apartments aware of these problems, they did 10 not install or assist her with any of these, forcing her to 11 file a Human Relations complaint, which then led to their 12 nonrenewal of the lease in retaliation. 13 THE COURT: Okay. You may proceed. 14 MR. BIRINGER: I would like to have this 15 marked for identification. 16 MR. LANZA: Your Honor, I'm going to continue 17 my relevance objection. This is dated August 4th, 2005. 18 The eviction had already started three months prior to this 19 letter. 20 THE COURT: It's certainly relevant. You can 21 respond to it however you wish as part of your case. 22 MR. LANZA: All right. 23 BY MR. BIRINGER: 24 Q We'll have that marked for identification as 25 Defendant's Exhibit No. 1. I want to show you this letter. 7 0 • 1 Would you identify it? 2 A Yes. It's a letter to Karri that's basically 3 saying, I am fully disabled and I need a ramp to be placed 4 in front of my apartment by one of the staircases. I 5 realized if I needed to get in an ambulance again through a 6 stretcher it's going to be very difficult going down the 7 grassy hill, especially, again, I noted, if it was inclement 8 weather. I don't know how I would have gotten to the 9 ambulance. 10 Q Did you get any response to that letter? 11 A Basically, a response that I was in the 12 middle of eviction proceedings and they weren't going to be 13 doing anything about it. That was a verbal response. They 14 also sent me one later in the mail. But when I walked this 15 note down to Karri's office, that was the response that I 16 got. 17 Q Did you send them a second letter? 18 A Yes, I sent them a second letter. 19 Q Do you recall the date of the second letter? 20 A Maybe August 16th. I know it wasn't August. 21 I'm not quite sure exactly the date. 22 BY MR. BIRINGER: 23 Q I would like this marked for identification 24 as Defendant's Exhibit 2. Could you identify that document? 25 A Yes. This is another letter that I walked 8 0 i 1 down to the office and gave Karri, basically stating some 2 things that I wanted her to do. The peephole, again, I'm 3 still requesting in August. Would you just please put it in 4 for safety. And it talks about a bathroom medicine cabinet 5 that had been in my apartment like 18 years, could you 6 please replace it, the glass on it is broken. Karri herself 7 inspected the property. It's just reminding her of that. 8 Said she was going to put it in there, but she hasn't. It's 9 just me thanking her. Please feel free to call me. Let me 10 know if there's anything you plan to do to install these 11 items. 12 Q Bonnie, did you receive a written response 13 from Karri Francis, the property manager? 14 A Yes, I did. 15 Q I would like to have this document identified 16 as Defendant's Exhibit 3. Bonnie, would you identify this 17 document? 18 A Yes, it's the letter that Karri sent me. 19 Basically, in this letter, it's just saying that anyone can 20 make changes at their own expense, but in no way is it 21 telling me how I could afford a ramp, how to get one 22 installed, how anything could be done to get it in other 23 than it's your problem, it's your expense. That's kind of 24 what I looked at when I read this letter. 25 Q The letter contains -- 9 1 MR. LANZA: Your Honor, I object. The 2 testimony is inconsistent with the law. The law is if 3 somebody wants reasonable accommodations due to a handicap 4 they are required to pay for it. They're testifying that 5 we're wrong because we didn't follow the law. 6 THE COURT: What is the basis of your 7 objection? 8 MR. LANZA: That it's irrelevant. 9 THE COURT: Overruled. You can make these 10 arguments at the end. 11 MR. LANZA: She's giving legal conclusions. 12 THE COURT: Overruled. 13 BY MR. BIRINGER: 14 Q Bonnie, is there anything in that letter 15 about specifications to put in a ramp or rules that you're 16 to follow? 17 A No. Not even like a place to put it, how 18 much it would cost, or where a safe place to put it, you 19 know, for the apartment complex would be. It doesn't 20 mention anything about it. Just basically that all upgrades 21 must be removed from the apartment. It's basically their 22 apartment at my own expense. They're telling me to do it, 23 but they're not even giving me the specifications on how to 24 get someone to do it, if I could find maybe an agency or 25 something that would help a handicapped individual. 10 • 1 Q What did you do next? 2 A Just filed a complaint with the Human 3 Relations Commission, just wanting to get these simple 4 things done. 5 Q I would like to have a document marked for 6 identification as Defendant's Exhibit 4. Would you describe 7 this document, Bonnie? 8 A Yes. This is the housing discrimination 9 complaint that I filed. It says 8/16/2005. 10 Q Is that your signature at the bottom of the 11 document? 12 A Yes, it is. 13 Q I would like to show you a document that I'm 14 going to ask t o be identified as Defendant's Exhibit 5. 15 Would you iden tify this document? 16 A Let's see. This is Commonwealth of 17 Pennsylvania, Human Relations Commission. This is where 18 we're supposed to have a fact-finding hearing. It says 19 Bonnie Malakin v. Long Meadows Apartments. This is 20 basically the court order -- I mean the Human Relations 21 Commission fac t-finding session that we were supposed to go 22 to. 23 Q And you verified this complaint? 24 A Yes, I verified this complaint. 25 Q And the Defendant answered this complaint -- 11 • • 1 I'm sorry, the Respondent? 2 A Yes, the Respondent answered the complaint. 3 Unfortunately, they didn't go to the fact-finding hearing, 4 so there never was a fact-finding hearing. 5 Q When was the fact-finding hearing? 6 A I know they were served on the 15th of 7 November, so I'm thinking it was the end of November '06 8 that the fact-finding hearing was, but it was cancelled 9 because they were unable to go to the fact-finding hearing. 10 Q So the Long Meadows Apartments has not shown 11 up for a fact-finding hearing? 12 A No. 13 Q Has there been any final adjudication in your 14 complaint? 15 A No. It's still pending. 16 Q The thrust of this complaint was that you 17 were complaining about the failure of the Long Meadows 18 Apartments to put a peephole on your door? 19 A It all started with the ramp, but it also has 20 worked into the peephole, because during that time I thought 21 it would be helpful, and safety wise, just to have a small 22 peephole. It's a $2.00 peephole. It takes five minutes or 23 less to install. It took them like seven months after I 24 filed this to put a peephole in my apartment. 25 THE COURT: I'm confused. The complaint to 12 • • 1 the Human Relations Commission is based upon the peephole or 2 based upon the ramp? 3 THE WITNESS: It's based upon the ramp, and 4 has continued to grow. 5 BY MR. BIRINGER: 6 Q But there has been no adjudication? 7 A No. 8 Q You say you did finally get a peephole? 9 A Yes, I finally did buy a peephole, and it was 10 installed approximately seven months after I wrote this 11 letter to them. 12 Q How many months after you filed the Human 13 Relations complaint? 14 A Again, it would be seven months, because 15 we're looking in September, August, that I filed it, and I 16 still -- I don't know the exact date, but I know back in 17 September -- I mean, February 2nd, they still had not put 18 the peephole in my apartment and done nothing about a ramp. 19 Q Did Long Meadows Apartments respond in any 20 other way to your request for service after the filing of 21 the Pennsylvania Human Relations complaint? 22 A Basically, they said they weren't going to 23 make any changes because we were in the eviction process. 24 Q Did anyone say to you from Long Meadows 25 Apartments that no ramp would be allowed? 13 1 A Basically, yeah, Karri told me that we're in 2 the eviction process. We're not putting a ramp in. We're 3 not doing anything. 4 Q Why do you need a ramp? 5 A Because any day I could become incapacitated 6 with my MS that I wouldn't even be able to leave my 7 apartment without being on some kind of stretcher, 8 wheelchair, device like that. 9 Q Do you understand that you'd have to pay for 10 a ramp? 11 A I understand that now. And if I would have 12 to, I would find a way to get it paid for, because I think 13 it is important, and not just to me. There are other people 14 that live there that could have heart attacks, anything, and 15 they couldn't be able to get to an ambulance other than 16 going down a grassy hill on a stretcher. It's just -- it's 17 very unsafe, dangerous, and it isn't just me. I care about 18 other people, as well. 19 Q Bonnie, what makes you think their refusal to 20 renew your lease was in retaliation for your filing the 21 Human Relations complaint? 22 MR. LANZA: Objection. Calls for 23 speculation. 24 THE COURT: Overruled. 25 THE WITNESS: I haven't done anything wrong. 14 i • 1 That is why I believe. Because if they could say, oh, she 2 has loud parties or something, that would be normal, that 3 would be a wrong thing to do, and I would understand that. 4 But I'm not doing that. I'm trying to be the best tenant I 5 can. I just want to live in my home. 6 MR. BIRINGER: Your witness. 7 CROSS-EXAMINATION 8 BY MR. LANZA: 9 Q At this point, the Human Relations Commission 10 complaint relates solely to the peephole? 11 A Actually, no. Because tomorrow, being that I 12 have multiple sclerosis, I may need a wheelchair. It could 13 happen, it is possible, because it's a degenerative disease. 14 MR. LANZA: Your Honor, I'm going to ask that 15 the witness' answer be restricted to the question. 16 THE COURT: I think she was answering the 17 question, sir. 18 BY MR. LANZA: 19 Q I'm asking you what's pending before the 20 Human Relations Commission, not something going on tomorrow. 21 But pending there now relates to the peephole, is that 22 correct? 23 A Not just the peephole, other services that 24 Long Meadows does for other tenants and not for me. Why 25 does it take six months to but a peephole in someone's 15 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 apartment? That's just so basic. That's not even the whole huge story. Q As soon as you paid for the peephole and purchased it, they installed it, is that correct? A I didn't know I had to pay for it. I just want to answer that, sir, because -- Q My question was, as soon as you paid for and purchased the peephole, Long Meadows installed it, is that correct? A As soon as I was notified I had to pay for the peephole, which no other tenants that I'm aware of had to pay for. If it was that simple, I would have just done it in August. If she would have said, Bonnie, please pay for the peephole, I would have said -- Q I'm going to ask the question one more time. THE COURT: No need to answer the question one more time. Ask a question. BY MR. LANZA: Q yes or no? A Q it, correct? A Q You purchased the peephole, is that correct, Yes. Once you purchased it, Long Meadows installed Yes. Okay. Thank you. There are other tenants at 16 • • 1 Long Meadows that have visits from ambulances, is that 2 correct? 3 A I don't know. 4 Q You have not observed that? 5 A I can't specifically tell you of one other 6 tenant that I've seen an ambulance come for. I'm not saying 7 it hasn't happened. I don't find it amusing. I find it -- 8 I just don't know the correct answer, so how can I tell you? 9 Q All right. Well, we'll have testimony about 10 that. Have there been other service calls at your apartment 11 in the year 2006? 12 A Yes. It's mainly for leakage, and it's a 13 liability problem. There's a doctor that lives below me, 14 and there's leaking in the pipes, and it's going right down 15 into his apartment. Through the last couple of years, we've 16 had a lot of problems where he's complained that things in 17 his closet got wet from my bathroom. Now, the building is 18 like 40 years old, so I've had to have them come by several 19 times for plumbing issues. 20 Q But the maintenance people do visit your 21 apartment? 22 A Yeah, they do visit. But even though -- 23 Q You've had three maintenance calls in -- 24 THE COURT: Hold on. One at a time. Let her 25 finish answering. 17 0 • 1 MR. LANZA: Okay. 2 THE WITNESS: Would you please ask the 3 question again. 4 BY MR. LANZA: 5 Q You had three maintenance calls in May, is 6 that correct? 7 A Correct, all plumbing calls. 8 Q And they visited you three times? 9 A Three times to try to repair the plumbing. 10 MR. LANZA: Okay. Those are all the 11 questions I have, Your Honor. 12 THE COURT: Any redirect, Mr. Biringer? 13 MR. BIRINGER: No. 14 THE COURT: Thank you, ma'am. You may step down. 15 THE WITNESS: Thank you. 16 THE COURT: Any other testimony or evidence, 17 Mr. Biringer? 18 MR. BIRINGER: I would like to call Karri 19 Francis as on cros s. 20 KARRI HUFFMAN 21 called as on cross-examination 22 having been duly sworn, testified as follows: 23 DIRECT EXAMINATION 24 BY MR. BIRINGER: 25 Q Ms. Francis, how long have you been manager 18 0 • 1 of Long Meadows Apartments? 2 A My name is Mrs. Huffman. Sorry. 3 Q Oh, I'm sorry. 4 A That's all right. It will be three years 5 January. 6 Q Are you aware as to whether Long Meadows 7 Apartments has a policy as to the installation of 8 handicapped aids like grab bars and ramps? 9 A Yes. 10 Q What is the policy? 11 A If a resident needs any special extras to 12 their apartment to accommodate their own personal needs, 13 they purchase it, such as grab bars, et cetera, and my 14 maintenance men install it for free. 15 Q Do you have a policy that includes the 16 specifications for that, I mean, like how big the ramp can 17 be, for instance, or the gradient? 18 A That's not within the unit. The outside 19 things I don't have control over. That would be the 20 township and the owners. We're talking about within their 21 living space. 22 Q Did you see the response that you made that I 23 had identified as an exhibit which was your answer to 24 Ms. Malakin's request for a ramp? 25 A Yes. 19 0 0 1 Q That response told her that she had to pay 2 for it, basically, right? 3 A Yes. 4 Q Did it say anything about that your people 5 would install it? 6 A Well, we had had a verbal conversation. The 7 ramp I told her I could not justify. The peephole, if she 8 purchased it, I would install it. She installed the 9 peephole. 10 Q Why didn't you put that in the letter to her? 11 A Because we had already discussed it, so I 12 didn't go into great detail, because I was using this off 13 her letter wanting a peephole and a ramp. Our conversation 14 regarding the requested updates I felt covered peephole and 15 ramp. 16 Q But you didn't give her any idea about who 17 would install it or what the cost would be or -- 18 A Unfortunately, that's not a part of being the 19 property manager. If an individual needs to make changes, 20 it's up to them to contact. If she needed additional 21 information, she should have come to me. We would have went 22 through the phone book, and maybe I could have shot her in 23 the right direction. There was never a request of any 24 additional information regarding this from Bonnie. 25 Q She alleges that you told her that since she 20 • • 1 was in the eviction process that these accommodations could 2 not be made? 3 A That's not true. This was my response. 4 Q Did you think her request for a ramp and a 5 peephole had merit? 6 A With the ramp, no, because I have residents 7 that have lived there since 1973 that are in wheelchairs, 8 and the ambulance picks them up all the time to take them to 9 therapy. We have over 500 residents, and we have ambulances 10 in there all the time to go to the hospital. People die. 11 I've never had a ramp request. 12 Peepholes, some of the apartments have them, 13 some of them don't. That was, you know, 40 years ago. I 14 have no control. She asked for one in February. She 15 finally purchased it seven months later. It was installed 16 immediately. 17 Q Did you ask Bonnie for some sort of medical 18 certification or need for the ramp? 19 A She knows that. She got a handicapped 20 sticker a year and a half, two years ago. She brought it to 21 me for the file, and I put in the handicapped sign for her. 22 She asked the neighbors to stop using curry. She got a 23 doctor's note stating she had allergies, so I indicated to 24 the residents, because I had a doctor's notification that it 25 affected her, to use, you know, less spices. That's a gray 21 • • 1 area for people. But she had a doctor's notification. 2 Q Well, correct me if I'm wrong, but didn't you 3 say that basically you didn't feel she had a need for a 4 ramp? 5 A Why would I say that? Basically, I told her 6 that ambulances could get in and out of her apartment. We 7 are a 42-year-old property. We are not handicapped 8 accessible as far as the units. The Brambles, however, are 9 built for that. 10 Q Are you aware of the Human Relations 11 complaint that Bonnie filed? 12 A Of course. 13 Q Did you verify the answer that Long Meadows 14 Apartments filed? 15 A They did a phone interview with me, and then 16 I got notification that it had been cancelled. Now we just 17 got another thing stating it's been reopened. 18 Q What has been reopened? 19 A The Human Relations -- oh, no. It's a new 20 one about landlord verification or something. 21 Q Did you fail to attend a fact-finding hearing 22 that had been set? 23 A I haven't been asked to go to any hearings. 24 They did a phone interview. That, I think, was the fact 25 finding. 22 • a 1 Q Do you remember the date of that? 2 A No. I would have to look in my file of the 3 person I spoke to. I've never been requested to go. They 4 sent me documentation saying it was canceled. 5 Q Your Human Relations Commission answer was 6 filed, I believe, on February 3rd, 2006? 7 A I'd have to look in my -- I have 500 8 residents. I would really have to look. 9 MR. BIRINGER: If I may approach. 10 THE COURT: You may. 11 BY MR. BIRINGER: 12 Q We'll have this marked as Defendant's Exhibit 13 No. 6. Can you identify this document? 14 A This is our response of the complaint that we 15 denied all allegations, that we were within our rights of 16 the law. 17 Q Did you verify that answer? 18 A Yes. 19 Q What was the date stamped on the front cover 20 of the answer? 21 A February 6th, 2006. 22 Q What was the date that you gave notice to 23 Bonnie Malakin to quit, refusal to renew the lease? 24 A Her nonrenewal? 25 Q Yes. 23 CJ 1 A Her lease was up April 30th, so 60 days prior 2 to that. I can't give you the exact date. 3 Q Would February 28th, 2006, be correct? 4 MR. LANZA: Your Honor -- 5 THE WITNESS: I'm trying to calculate in my 6 mind. 7 THE COURT: I made a finding of fact that it 8 was February 28th. 9 THE WITNESS: There you go. Yes. 10 BY MR. BIRINGER: 11 Q Some three plus weeks after your answer, the 12 Human Relations answer? 13 A This had nothing to do with our nonrenewal of 14 leases. I don't know about the times. This was in 2005. 15 This was in 2006. My nonrenewal was last April, 2005, not 16 in 2006. This has nothing to do with nonrenewal a year ago. 17 MR. BIRINGER: Okay. Withdraw that question. 18 Just a moment, Your Honor, if I may. 19 (Brief pause.) 20 BY MR. BIRINGER: 21 Q Let me clarify that. Because maybe I'm 22 confused at this point, Ms. Huffman. You answered the Human 23 Relations Commission complaint on February 3rd -- that's the 24 date stamped on that document -- of 2006? 25 A Yes. 24 • • 1 Q And the date of your nonrenewal of the lease 2 notice was February 28th, 2006? 3 A No. Her lease has been up. This happened 4 last year, not 2006. 5 MR. LANZA: Your Honor, we'll stipulate that 6 it was February 28th, 2006. 7 THE COURT: You don't have to stipulate to 8 anything. It's a finding of fact in this case. It exists. 9 THE WITNESS: This letter, example, was 2005. 10 MR. LANZA: Karri, wait. 11 THE COURT: She's talking about something 12 different. She's talking about your Exhibit 1 or 2 or 3. 13 MR. BIRINGER: Okay. Thank you. That's all 14 I have. 15 MR. LANZA: Your Honor, I would like to 16 cross-examine the witness. Also, in lieu of presenting her 17 as a rebuttal witness, I would like to ask rebuttal 18 questions, unless the Defendant has more that they're going 19 to go into prior to my rebuttal. 20 MR. BIRINGER: No. We would rest at this 21 point. 22 THE COURT: All right. 23 CROSS-EXAMINATION 24 BY MR. LANZA: 25 Q First of all, the eviction, when we first 25 • • 1 attempted to evict Mr. and Mrs. Malakin, that started when? 2 A May 19th, 2005. 3 Q And that was approximately three months prior 4 to the initiation of the Human Relations action? 5 A Yes. 6 Q You're the custodian of the records for the 7 property? 8 A Yes, I am. 9 Q Have you reviewed your records as they relate 10 to HUD and federally assisted housing? 11 A Yes, I have. 12 Q Is there any indication in your review of the 13 records that you're restricted in any way from exercising 14 discretion as to whether to renew or not renew HUD tenants? 15 A No, there is not. 16 Q What I'm going to give you is something I'm 17 having marked as Exhibit P-11. Can you identify that? 18 A This is prior from the Housing Authority. 19 Q Is that something you found in your files? 20 A Yes. We have documentation dated back 18, 19 21 years. 22 Q Essentially, Paragraph 3 gives you 23 instructions on what to do if you decided not to renew a HUD 24 tenant? 25 A That is correct. 26 • • 1 Q And it so happens that this is relating to 2 the Malakins at that time? 3 A Yes. 4 Q Now, you've had discussions over the years 5 with HUD relating to various things, procedures, et cetera? 6 A Yes. 7 Q Those discussions are consistent with what 8 they've written in this letter? 9 A Yes. 10 Q In fact, you've had other HUD tenants that 11 you've nonrenewed at the expiration of their term? 12 A Yes, I have. 13 Q And you have to notify HUD at that point, as 14 well? 15 A Oh, of course. 16 Q If you had violated HUD policy or federal 17 policy as it related to HUD or HUD's jurisdiction, would 18 there be enforcement action by HUD? 19 A Oh, yes. 20 Q Have they ever had any enforcement action 21 against you? 22 A No. 23 Q HUD is aware of this case, aren't they? 24 A Of course. 25 Q You've provided copies of relevant documents? 27 i • 1 A Everything that I get regarding that file 2 goes to their file, yes. 3 Q Your file is this here, essentially? 4 A Those two, yes. 5 Q All of this. HUD essentially got a carbon 6 copy of this file? 7 A Yes. 8 Q Did they receive notice of nonrenewal? 9 A Of course. 10 Q And they never tried to stop you? 11 A No. 12 MR. BIRINGER: I'm going to object to what 13 HUD did or didn't do. They're not here in court. 14 THE COURT: Sustained. Next question. 15 MR. LANZA: Well, the fact there's not an 16 enforcement action pending, that's not something that's a 17 matter of hearsay. 18 THE COURT: Next question. 19 MR. LANZA: All right. 20 BY MR. LANZA: 21 Q How often are there ambulances at the Long 22 Meadows properties? 23 A I have an elderly couple that's lived there 24 since 1973. Every two weeks they come in, because her 25 husband is in a wheelchair and they take him to therapy and 28 1 doctors' appointments. I recently had a resident pass away. 2 The ambulance came in, the coroners came in, took out his 3 body. I mean, so pretty much when needed. The neighbor 4 next door to my office approximately six times last year I 5 had an ambulance in. 6 Q Do the ambulances use ramps anywhere in the 7 apartment complex? 8 A There's only one apartment that has a ramp, 9 and I guess the prior owners probably ten years ago put it 10 in, a little wooden thing, prior to us purchasing the 11 property. But, no, they just pick them up and take them 12 wherever they need to go. 13 Q Has there ever been a problem with an 14 ambulance getting a tenant out? 15 A Not that I'm aware of, no, except for 16 Bonnie's. 17 Q When I say a problem, I mean have they ever 18 been unable to remove a tenant? 19 A No. 20 Q Including Ms. Malakin? 21 A No. Not that I'm aware of, no. 22 Q With regard to the issue the peephole, at 23 some point Mrs. Malakin did indicate to you that she had 24 purchased and paid for a peephole? 25 A August of 2005, she sent the request. 29 • • 1 February 28th, 2006, I got a letter. She goes, Karri, I've 2 purchased it. Please have it installed. I called her that 3 day. We set a date, I think, for March 2nd, and it was 4 installed. 5 Q So within a few days? 6 A Of course. 7 Q Now, there was an allegation that a 8 neighboring tenant has a peephole. 9 A Yes. 10 Q What do you know about that? 11 A We purchased the property in 2003. There's 12 no uniformity or structure. Some apartments have peepholes. 13 Some don't. That's the way it was built. You know, there 14 is no record to state that one apartment has one and one 15 doesn't. 16 Q The neighboring peephole that she is 17 referring to , did you or your office install that peephole? 18 A Never, no. 19 Q Have you ever installed a peephole since 20 taking over the property in 2003? 21 A No. 22 Q Does HUD inspect the property every year? 23 A Yes, they do. 24 Q Has there been any notice of violations 25 relating to the property? 30 1 A Almost two years ago, she refused -- Bonnie 2 refused inspection, so they forced me to go in and do the 3 inspection. I reported back to HUD what my findings were. 4 They decided it needed to be painted. She refused. The 5 bathroom needed work. Her and Scott did repair the 6 bathroom. I went back in for reinspection, because, of 7 course, she refused them to go in, so they made me do it. 8 But they let me know if there's a lease violation or 9 something that needs to be attended to. 10 Q Have there been maintenance calls to the 11 property this year? 12 A Yes. 13 Q Is there a plumbing problem? 14 A I don't know what she's talking about. A 15 year and a half ago, we did have a leak from the laundry 16 room pipe he thought was from her bathroom. They came in, 17 repaired the pipe, and we've had no problems since that 18 time. 19 MR. LANZA: Your Honor, I have a copy of the 20 letter. I did not know the Human Relations issue would be 21 relevant to this. I don't have copies. I'll show it to 22 opposing counsel. I would like to at least insert this into 23 the record. This addresses what I believe to be the fact- 24 finding conference that the Defendant was talking about. It 25 would explain why, at least, the conference did not take 31 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 place. It's a letter from myself to the Human Relations Commission. BY MR. LANZA: Q Do you remember anything about that? A Yeah. I remember that we had sent this through to indicate that we had a separate trial going on, and before -- THE COURT: What is that? Is that marked as an exhibit? MR. LANZA: Well, I'm going to move that it be admitted as an exhibit. THE COURT: Well, it's got to be marked first, doesn't it? MR. LANZA: I'm going to mark it as P-12. Actually, I'd like to show it to Your Honor. That would probably be the simplest way to do this. THE COURT: Have her identify it. Then if it's admitted, I'll look at it. MR. LANZA: All right. BY MR. LANZA: Q Did you authorize me to initiate this correspondence? A Yes. THE COURT: Again, you're referring to P-12? MR. LANZA: P-12. Your Honor, this is 32 • • 1 essentially a letter summarizing why it is we -- 2 THE COURT: Do you move for the admission of 3 that letter? 4 MR. LANZA: I do move for the admission of 5 the letter. 6 THE COURT: Any objection, Mr. Biringer? 7 MR. BIRINGER: No. 8 THE COURT: P-12 is admitted. I will read 9 it. Next question. 10 BY MR. LANZA: 11 Q Just to summarize, Mrs. Huffman, the initial 12 eviction was begun, you stated, in May of 2005? 13 A Yes. 14 Q And that was as a result of the facts that we 15 had testimony about last month here? 16 A Yes. 17 Q All right. At that time, there was no Human 18 Relations issue pending? 19 A Not that I was aware of, no. 20 Q Or request for peepholes or ramps? 21 A That all came after, after the fact. 22 Q All right. The nonrenewal, in fact, came 23 shortly after a hearing we had before a panel of arbitrators 24 here in Carli sle last winter? 25 A Yes -- no. It was actually done, I think, 33 • • 1 before that. They used my nonrenewal date to set the date 2 she was to vacate the property. But, yes. 3 Q Well, there's been a lot that's happened over 4 these past two years. 5 A Yes. 6 Q But that hearing before the panel of 7 arbitrators was late January? 8 A Yes. 9 MR. LANZA: Those are all the questions I 10 have, Your Honor. 11 THE COURT: Anything else, Mr. Biringer? 12 MR. BIRINGER: No. 13 THE COURT: Thank you, ma'am. You may step 14 down. Mr. Biringer, are you moving for the admission of 15 Exhibits 1 through 6? 16 MR. BIRINGER: So moved. 17 MR. LANZA: I'd renew my objections on 18 relevance. 19 THE COURT: They are admitted. 20 MR. LANZA: We rest and move for admission of 21 our exhibits. 22 THE COURT: I have 11 and 12 today. 23 MR. LANZA: Those are the only ones today. 24 THE COURT: They're admitted. Okay. Closing 25 arguments. 34 • • 1 MR. LANZA: Your Honor, I would submit the 2 arguments essentially have changed. Going forward here in 3 defense of our eviction and nonrenewal proceeding. The 4 issues related to the housing discrimination are in front of 5 another tribunal at this point. Certainly we consider them 6 to be nonmeritorious. The evidence before you is we have 7 complied with the federal law. 8 THE COURT: Well, I guess, focus me on what 9 the question is. You may renew for no reason or for good 10 reason, but you may elect not to renew for no reason at all. 11 MR. LANZA: That is correct. 12 THE COURT: But you can't elect to nonrenew 13 for an improper reason, and retaliation for the filing of a 14 Human Relations complaint would be an improper reason. Is 15 that your position? 16 MR. BIRINGER: That's our position. 17 THE COURT: So, then, I have to find as a 18 fact whether or not the nonrenewal was based upon the filing 19 of the Human Relations Commission. Isn't that what it 20 focuses now to? 21 MR. BIRINGER: That's right. 22 MR. LANZA: Your Honor, there is another 23 tribunal that's going to, at some point, rule on whether we 24 have violated Federal Housing Law. 25 THE COURT: That's irrelevant. You're 35 • • 1 missing the point, Mr. Lanza. The point is whether or not 2 there's violations or not, it goes to the motive. I've got 3 to determine whether or not the nonrenewal was in 4 retaliation for the filing of the complaint, okay, so 5 address that argument. 6 MR. LANZA: All right. Well, Your Honor, I 7 think the evidence has shown that there have been numerous 8 service calls. It was even admitted, with some difficulty 9 by the Defendant, that we continued to make service calls on 10 the property even this year. Even in May of this year, we 11 continued to make service calls on the property. We 12 serviced the property. 13 The evidence really is uncontroverted that 14 once she paid for the peephole that it was installed 15 within -- between February 28th and March 2nd. The evidence 16 is uncontroverted that any peepholes in any other properties 17 were not installed by Long Meadows. The fact is, even after 18 all this started, we continued to service the property. If 19 there was improper retaliation, certainly it would have 20 shown up in a lack of attentiveness to this property. That 21 evidence completely contradicts the testimony of the 22 Defendant. 23 The fact is that the Human Relations 24 Commission procedure began -- the first complaint and 25 request began three months after the initial eviction was 36 0 1 begun before the district justice. The events that were 2 testified to last month here, that initiated this whole 3 process. This process has been motivated by the safety of 4 the residents. We had testimony from maintenance employees 5 about their difficulty doing their job, about their fear of 6 Mr. Malakin returning to the property. That was the 7 motivation, safety of our employees, safety of 500 8 residents, not because she filed a Human Relations 9 Commission issue which has come and gone over the last year 10 or so, which really has been a minor issue for us to deal 11 with. 12 The implication that we have some duty to not 13 only follow federal law by requiring that she pay for 14 improvements, but also to help her come up with 15 specifications -- specifications cost money. That's an 16 expenditure. Hiring an engineer or an architect, whoever it 17 is that comes up with specifications for ramps, that is an 18 expense we're not required to undertake. 19 THE COURT: Whether you violated anything 20 with the Human Relations Commission is irrelevant. What is 21 relevant is the motivation, as I understand the defense 22 position. 23 MR. LANZA: I would submit that based upon 24 the testimony that Your Honor heard in August, I think it's 25 clear that that provides the motivation for wanting this 37 • 1 whole issue to be done with, for wanting all of the Malakins 2 to be out of the property. They have been there for many 3 years. She alleged she came down with MS in 1998. We took 4 over the property in 2003. That's a year and a half before 5 we filed the initial eviction action and two and a half 6 years prior to the nonrenewal. The nonrenewal was issued in 7 the midst of litigation, where we clearly set forth our 8 intent to remove the Defendant. 9 This is a contrived argument for the purpose 10 not only of interfering with this eviction, but also, at the 11 time, interfering with the criminal prosecution. As I put 12 forth in that letter, our witnesses -- 13 THE COURT: I understand your position. 14 MR. LANZA: Thank you, Your Honor. 15 THE COURT: Mr. Biringer. 16 MR. BIRINGER: Well, basically, our position 17 is that the nonrenewal of this lease closely followed the 18 filing of the Human Relations complaint and the answer to 19 the Human Relations Commission. 20 The May 19th issue we have dealt with 21 already. This Court determined that she was a victim, she 22 wasn't an aggressor in this. For them to use that as a 23 motive is an improper one. 24 THE COURT: Do I understand your position is 25 that the only defense you have will be for me to find that 38 9 0 1 this is in retaliation to the Human Relations Commission? 2 MR. BIRINGER: Yes, and I don't believe you 3 even need to find discrimination. 4 THE COURT: I agree. I know I don't need to 5 find discrimination. I just want to get clear. If I find 6 that it was in retaliation for filing the Human Relations 7 complaint, then she can't be evicted. If I find it was for 8 any other purpose at all, she can be evicted. 9 MR. BIRINGER: I would agree. 10 THE COURT: Believe me, if I could in good 11 conscience find that this was motivated by her filing of the 12 Human Relations Commission complaint, I would do so. She 13 has been a tenant there for 20 years. I sympathize with her 14 position. I cannot in good conscience find that. 15 What I do find is that it was just another 16 legal tactic properly used to end the litigation that had 17 been ongoing for almost a year when they determined not to 18 renew the lease. Whether the original attempt to evict and 19 terminate the lease early was proper or not is really 20 irrelevant. They went to Plan B and moved to evict her 21 through the proper termination of the lease, and I so find. 22 What order do I enter today? Let's address 23 that. 24 MR. LANZA: We are requesting an immediate 25 order for possession. 39 0 0 1 THE COURT: Mr. Biringer, under the law, is 2 that the appropriate order? 3 MR. BIRINGER: Well, Mr. Lanza and I had a 4 conversation several weeks ago concerning what date they 5 would want her out, and I got the impression -- 6 THE COURT: That was May 19th of last year. 7 MR. BIRINGER: I just got the impression 8 recently that they would give her some time. 9 MR. LANZA: I said that certainly we would 10 work with the Defendant. We're not going to try to throw 11 her out into the street. But we are entitled to our order 12 of possession. We understand the practicalities of this. 13 THE COURT: Okay. So, under the law, is the 14 order for immediate possession an appropriate order? Can 15 the parties agree that I can give ten days or fifteen days 16 or -- 17 MR. BIRINGER: I certainly think you have the 18 right to order that. 19 MR. LANZA: Yes, Your Honor. 20 (The following order was entered by the 21 Court:) 22 "AND NOW, this 27th day of September, 2006, 23 we find in favor of the Plaintiff and against the Defendant, 24 and it is hereby ordered that she vacate the property by 25 11:59 p.m. on Wednesday, October 11, 2006." 40 0 0 1 THE COURT: Okay. Court is adjourned. 2 (Court was adjourned.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 • CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Susan Rice Stoner Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. ?1 ' 4r /to Date 42 Edward E. Guido, J. It F, Z PI C N' H! 10, Z ]'Hi 40 t RHODES DEVELOPMENT GROUP, INC., t/a LONG MEADOWS ASSOCIATES, LP & LONG MEADOWS APARTMENTS, Plaintiff V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005 - 2878 CIVIL TERM : CIVIL ACTION -LAW IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925 Guido, J., January _ , 2007 Defendant Bonnie Malakin has filed this timely pro se appeal from our order of September 26, 2006 directing that she vacate her apartment within fifteen (15) days.' On appeal she alleges that our order was in error because: 1) the plaintiff landlord unlawfully refused to renew her lease in retaliation for her filing a claim with the Pennsylvania Human relations commission; 2) she was improperly discriminated against by the plaintiff because of her disability; and 3) she was overcharged by the plaintiff in the amount of $722.2 Plaintiff commenced this action to evict defendant almost 1 and % years before it finally came before us.3 The original basis for the eviction was an alleged violation of the lease agreement. During the course of the litigation the term of the lease expired and defendant gave appropriate notice of its intention not to renew it. Based upon our finding 1 Although her counsel agreed that an order for immediate possession would be appropriate under the facts as we found them to be, plaintiff agreed to a 15 days extension. (See Transcript of September 27, 2006, Proceedings, p. 40. 2 See Concise Statement of Matters Complained of on Appeal. 3 It started as an action before the Magisterial District Judge; was then heard by a board of arbitrators; and was finally heard before this Court. NO. 2005 - 2878 CIVIL TERM that the lease had expired and that the plaintiff had appropriately exercised its right not to renew it, we entered an order for possession of the premises The reason for our order was clearly stated on the record in the following exchange with defendant's counsel during his closing argument. THE COURT: Mr. Biringer. MR. BIRINGER: Well, basically, our position is that the nonrenewal of this lease closely followed the filing of the Human Relations complaint and the answer to the Human Relations Commission... . THE COURT: Do I understand your position is that the only defense you have will be for me to find that this is in retaliation to the Human Relations Commission? MR. BIRINGER: Yes, and I don't believe you even need to find discrimination. THE COURT: I agree. I know I don't need to find discrimination. I just want to get clear. If I find that it was in retaliation for filing the Human Relations complaint, then she can't be evicted. If I find it was for any other purpose at all, she can be evicted. MR. BIRINGER: I would agree. THE COURT: Believe me, if I could in good conscience find that this was motivated by her filing of the Human Relations Commission complaint, I would do so. She has been a tenant there for 20 years. I sympathize with her position. I cannot in good conscience find that. What I do find is that it was just another legal tactic properly used to end the litigation that had been ongoing for almost a year when they determined not to renew the lease.4 (emphasis added). As can be seen from the above exchange, our scope of inquiry was limited to determining whether the non-renewal of plaintiff's lease was in retaliation for her complaint to the Human Relations Commission.5 Since we were not asked to address the other issues raised in her appeal, we are not in a position to comment upon them. 4 Transcript of September 27, 2006, Proceedings, pp. 38-39. s The complaint to the Human Relations Commission was based upon alleged discrimination against Defendant because of her disability. 2 ` NO. 2005 - 2878 CIVIL TERM DATE 0/avid Lanza, Esquire 2157 Market Street Camp Hill, Pa. 17011 ie Malakin LONG MEADOWS APARTMENTS 3 Richland Lane, 313-108 Camp Hill, Pa. 17011 Edward E.Guido, J. J : sld 4I .C 'W'd ? ! Nl r LOOZ ?' Q CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: Rhodes Development Group, Inc. t/a Long Meadows Associates, LP and Long Meadow Apartments VS. Scott Malakin and Bonnie Malakin 2005-2878 Civil Term 1723 MDA 2006 The documents comprising the record have been numbered from No.1 to 202, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 02/02/2007. C is R. Longy onot Regina K. Lebo, Deputy An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2005-02878 LONG MEADOW APARTMENTS (vs) MALAKIN ('OTT A ET AL Reference No. Filed......... 6/03/2005 Case Type...... APPEAL - DJ Jud ment 00 Time. ... ..: E ti 0.25 0 0 g ..... xecu on ate 0/0 00 0 Judge Assigned: GUIDO EDWARD E Jury Trial.... Disposed Desc.: Disposed Date. O/00/0000 ON/0000 ------------ Case Comments ------------- Higher Crt 1.. 17233 Higher Crt 2.. ******************************************************************************** General Index Attorney Info LONG MEADOW APARTMENTS PLAINTIFF LANZA DAVID J 1 RICHLAND LANE APT/STE 105 CAMP HILL PA 17011 MALAKIN SCOTT A DEFENDANT 3 RICHLAND AVENUE APT/STE 108 CAMP HILL PA 17011 MALAKIN BONNIE DEFENDANT 3 RICHLAND AVENUE APT/STE 108 CAMP HILL PA 17011 ******************************************************************************** Judgment Index Amount Date Desc MALAKIN SCOTT A 7/27/2005 JUDG FOR POSSESSION MALAKIN SCOTT A 596.53 0 R T MALAKIN SCOTT A 3,177.36 6 2%01%20 AWARD OF AR.BITRATORS BONNIE AKI 3,177.36 2% 1 0 AWARD OF ARBITRATORS MAAI A N SCOTT 0 %20 6 FOR POSSESSIION MALAKIN BONNIE 2/0172006 AWARD FOR POSSESSION *********************************************** ************ ********************* * Date Entries *********************************************** ************ ********************* 6/03/2005 a 6/03/2005 6/03/2005 6/03/2005 6/20/2005 7/01/2005 )q -a 1 7/01/2005 a 7/27/2005 7/27/2005 3-a 7/27/2005 8/03/2005 j'- 8/31/2005 9/02/2005 9/07/2005 10/04/2005 FIRST ENTRY APPEAL FROM DISTRICT JUSTICE JUDGMENT ------------------------------------------------------------------- PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ------------------------------------------------------------------- RENT PAID - $384.00 ------------------------------------------------------------------- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ------------------------------------------------------------------- COMPLAINT ------------------------------------------------------------------- RENT PAID - $630.00 ------------------------------------------------------------------- RESPONSE - BY BONNIE MALAKIN ------------------------------------------------------------------- PRAECIPE FOR DEFAULT JUDGMENT AND DEFAULT JUDGMENT ENTERED IN THE AMOUNT OF 596.53 AND JUDGMENT FOR POSSESSION AGAINST SC TT MALAKIN ONLY ------------------------------------------------------------------- NOTICE MAILED TO DEFENDANT ------------------------------------------------------------------- IMPORTANT NOTICE FILED (DEFAULT JUDGMENT) ------------------------------------------------------------------- RENT PAID - $630.00 ------------------------------------------------------------------- PETITION FOR APPOINTMENT OF ARBITRATORS - BY DAVID J LANZA ESQ FOR PLFF ------------------------------------------------------------------- RENT PAID $630.00 ------------------------------------------------------------------- ORDER OF COURT 9/07/05 APPOINTMENT OF ARBITRATORS BY THE COURT GEORGE E HOFFER JUDGE ARBITRATORS ARE MICHAEL SCHERER, ESQ - MARYLOU MATAS ESQ AND MICHAEL MATTER ESQ NOTICE MAILED 9/20/05 ------------------------------------------------------------------- RENT PAID $630.00 ------------------------------------------------------------------- PYS511 Cumberland County Prothonotary's Office Page Civil Case Print 2005-02878 LONG MEADOW APARTMENTS (vs) MALAKIN(U-..OTT A ET AL 019 3b Disposed Desc.: ------------ Case Comments ------------- Reference No..: Case Tye.....: APPEAL - DJ JudgeeAssigned: GUIDO EDWARD E 10/25/2005 11/04/2005 12/05/2005 1/03/2006 2/01/2006 2/03/2006 c3p- & 2/06/2006 3) 2/10/2006 3-2- ? 2/24/2006 ,o- 1& 2/24/2006 39 2/28/2006 3/03/2006 3/10/2006 y'7 3/15/2006 4/03/2006 4/03/2006 (poL 4/13/2006 5/04/2006 5/26/2006 &3 6/14/2006 Filed......... 6/03/2005 Time. .... Execution Date 0.25 0/00/0000 Jury Trial.... Disposed Date. 0/00/0000 Higher Crt 1.: Hi her Crt 2.: 1723 M A2006 PRAECIPE TO ENTER APPEARANCE FOR DEFT - BY GEOFFREY BIRINGER ESQ ---------------------------------------------------------------- RENT PAID - $630.00 ---------------------------------------------------------------- RENT PAID $630.00 DEFT ---------------------------------------------------------------- RENT PAID - $630.00 AWARD OF ARBITRATORS - FOR THE PLAINTIFF IN THE AMOUNT OF $4177.36 AND PLAINITFF IS AWARDED POSSESSION OF 3 RICHLAND LANE APT 108 ON MARCH 1, 2006 2/01/06 BILLED COUNTY FOR ARBITRATORS ------------------------------------------------------------------- RENT PAID -$384.00 PLAINTIFF S PETITION FOR PAYMENT FROM ESCROW PROCEEDS - BY DAVID J LANZA ESQ FOR PLF ------------------------------------------------------------------- ORDER 2/09106 A RULE IS ISSUED UPON DEFENDANT BONNIE MALAKIN TO SHOW CAUSE WHY THE RELIEF REQUESTED IN THE AFORESAID PETITION SHOULD NOT BE GRANTED RULE RETURNABLE WITHIN 20 DAYS AFTER SERVICE BY REGULAR MAIL UPON SOUNSEL FOR D FENDANT EDWARD J GUIDO JUDGE COPIES MAILED 2/1006 ------------------------------------------------------------------- NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS - BY GEOFFREY M BIRINGER ESQ ------------------------------------------------------------------- PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS APPEAL FROM AWARD OF BOARD OF ARBITRATORS - BY GEOFFREY M BIRINGER ESQ ------------------------------------------------------------------- ORDER GRANTING LEAVE TO PROCEED INFORMA PAUPERIS - DATED 2/28/06 - AND FINDING THAT SUCH RELIEF IS PROPER IT IS HEREBY ORDERED THAT DEFT IS GRANTED LEAVE TO PROCEED IFP - AND THAT THE REQUIREMENT THAT THEY PREPAY FILING AND OTHER COSTS IS WAIVED - BY THE COURT EDWARD E GUIDO J COPIES MAILED ------------------------------------------------------------------- RENT PAID - $384.00 ------------------------------------------------------------------- PLAINTIFF'S PEITITON TO MAKE RULE ABSOLUTE BY DAVID J LANZA ATTY ------------------------------------------------------------------- ORDER - DATED 03-15-06 - IN RE: PLAINTIFFS' PETITION TO MAKE RULE ABSOLUTE - IN CONSIDERATION OF THE RULE TO SHOW CAUSE DATED FEBRUARY 9 2006 AND DEFENDANT'S FAILURE TO ANSWER IT IS HEREBY ORDERED THAT THE PROTHONOTARY SHALL IMMEDIATELY RALEASE TO PLAINTIFFS THE AMOUNT OF $3807.36 FROM THE ESCROW ACCOUNT ESTABLISHED IN THIS ACTION - BY EDWARD E GUIDO J-COPIED AND MAILED 03-15-06 ------------------------------------------------------------------- RENT PAID $384.00 PD DEF CHECK ISSUED TO LONG MEADOW APARTMENTS IN THE AMOUNT OF $3,807.36 ECK THISCAMOUNTOLEAVES A BIALANCEOOFL$2,138.6406 ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR TRIAL - BY DAVID J LANZA ATTY ------------------------------------------------------------------- RENT PAID - $258.00 ------------------------------------------------------------------- RENT PAID $258.00 ------------------------------------------------------------------- ORDER OF COURT - 06-12-06 - IN RE: PRETRIAL CONFERENCE 07-06-06 AT 3 PM IN CHAMBERS - PRETRIAL MEMORANDUM SHALL BE SUBMITTED BY COUNSEL IN ACCORDANCE WITH CCRP 212-4 AT LEAST 5 DAYS PRIOR TO THE PRETRIAL CONFERENCE - TRIAL IN THE MATTER WILL BE SCHEDULED AT THE PRETRIAL CONFERENC - COUNSEL ARE DIRECTED TO HAVE THEIR CALENDARS AVAILABLE - BY EDWARD E GUIDO J - COPIES MAILED 06-14-06 6/27/2006 RENT PAID - $258.00 PYS511 Cumberland County Prothonotary's Office Page { Civil Case Print 2005-02878 LONG MEADOW APARTMENTS (vs) MALAKIN?k,_OTT A ET AL 61y? Reference No... Filed......... 6/03/2005 Case Typpe...... . APPEAL - DJ Time. ... .0.25 Judgment......: 00 Execution ate 0/00/0000 Judge Assigned: GUIDO EDWARD E Jury Trial.... Disposed Desc.: Disposed Date 0/00/0000 ------------ Case Comments ----------- - - Higher Crt 1.: : 1723 M A2006 &o 7/07/2006 8/04/2006 -- () 8/15/2006 '71 ,2 8/24/2006 73 8/24/2006 -7q- 7-7 9/01/2006 9/05/2006 7f 9/08/2006 -79 9/27/2006 10/04/2005 -10/06/2006 f(jp-W 10/12/2006 5? 10/20/2006 11/03/2006 qo -ql 11/09/2006 Higher Crt 2 PRETRIAL CONFERENCE -07-06-06 - TRIAL SCHEDULED 08-23-06 AT 1 PM IN CR 3 OF CUMB CO COURTHOUSE PARTIES ARE DIRECTED TO PRE-MARK ALL EXHIBITS - EXHIBIT LISTS SHOULD BE EXCHANGED BY 08-01-06 - ANY OBJECTIONS OTHER THAN TO RELEVENCY SHALL BE MADE BY FORM OF A MOTION IN LIMINE - ALL MOTIONS IN LIMINE WITH SUPPORTTING AUTHOURITY SHALL BE FILED BY 08-15-06 - ANY RESPONSES WITH SUPPORTING AUTHORITY SHALL BE FILED BY CLOSE OF BUSINESS ON 08-22-06 - BY EDWARD E GUIDO J ------------------------------------------------------------------- RENT PAID - $258.00 ------------------------------------------------------------------- MOTION IN LIMINE - BY GEOFFREY BIRINGER ATTY FOR DEFT BONNIE MALAKIN ---------------------------------------------------------- -------- ORDER OF COURT - 08-23-06 - IN RE: FINDINGS OF FACT: 1. DEFT BONNIE MALAKIN COMMITTED NO CRIMINAL WRONGDOING AND WAS IN FACT THE VICTIM OF THE CRIMINAL WRONGDOING OF HER HUSBAND-SCOTT MALAKIN 2. THE LEASE BY ITS TERMS EXPIRES ON 4-30-06 - PROVIDED HOWEVER IT WOULD BE RENEWED FOR A 60 DAY PERIOD UNLESS THE LANDLORD GAVE APPROPRIATE NOTICE OF ITS NON-RENEWAL 3. IN THIS CASE THE LANDLORD DID GIVE APPROPRIATE NOTICE OF ITS NON-RENEWAL ON 02-28-06 4. THE SUBSEQUENT CONDUCT OF PLFF ASKING FOR PAYMENT OF OVERDUE RENT IN NO WAY VITIATED THE NOTICE TO QUIT BASED UPON THE ABOVE FINDINGS OF FAACT-COUNSEL ARE DIRECTED TO FILE MEMORANDA OF LAW IN SUPPORT OF THEIR RESPECTIVE POSITIONS AS TO WHY THIS COURT SHOULD OR SHOULD NOT ISSUE AN IMMEDIATE ORDER FOR POSSESSIONS BY CLOSE OF BUSINESS ON 08-28-06 - BY EDWARD E GUIDO J - COPIES MAILED 08-25-06 ------------------------------------------------------------------- ORDER OF COURT - PROTHONOTARY IS DIRECTED TO RELEASE ALL SUMS DEPOSITED BY THE DEFT TO THE PLFF IN THIS MATTER - BY EDWARD E GUIDO J - COPIES MAILED 08-25-06 ------------------------------------------------------------------- CHECK ISSUED TO LONG MEADOW APARTMENTS IN THE AMOUNT OF $3,170.64 (CHECK ##1640) THERE IS A 110" BALANCE REMAINING - CHECK MAILED TO KARRI.HOFFMAN 09-01-06 ------------------------------------------------------------------- RENT PAID $258.00 BY DEFT ------------------------------------------------------------------ ORDER OF COURT - 09-06-06 - IN RE: WE WILL REOPEN THE RECORD TO ALLOW THE DEFT TO PRESENT HER DEFENSES TO THE DEFT'S AMENDED COUTN ALLEGING NON-RENEWAL OF AN EXPIRED LEASE - HEARING ON MATTER 09-27-06 AT 9 AM - BY EDWARD E GUIDO J - COPIES MAILED 09-08-06 ------------------------------------------------------------------- ORDER OF COURT - 09-27-06 - IN RE: WE FIND IN FAVOR OF PLFF AND AGAINST THE DEFT AND IT IS ORDERED THAT DEFT VACATE THE PROPERTY BY 11:59 PM ON 10-11-06 - BY EDWARD E GUIDO J - COPIES MAILED 09-27-06 ------------------------------------------------------------------- RENT PAID $258.00 BY DEFT ------------------------------------------------------------------- NOTICE OF APPEAL - FROM ORDER DATED 09-27-06 - REQUESTING THE COURT GRANT A STAY OF EVICTION UNTIL THE NEXT HEARING IS SCHEDULED - DEFTS ------------------------------------------------------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 1723 MDA 2006 ------------------------------------------------------------------- ORDER OF COURT - 10-18-06 - IN RE: DEFTS ARE DIRECTED TO FILE A CONCISE STATEMENT OF MATTERS COMPLAINTED OF ON APPEAL WITHIN 14 DAYS OF TODAY'S DATE IN ACCORDANCE WITH RULE OF APPELLATE PROCEDURE 1925B - BY EDWARD E GUIDO J - COPIES MAILED 10-23-06 RENT PAID - $258.00 --------------------------------- STATEMENT -BY BONNIE MALAKIN-DEFT qa- /57- )qqr aoa PYS511 Cumberiand County Prothonotary's Ottice Page 4 Civil Case Print 2005-02878 LONG Mhj-iDOW APARTMENTS (vs) MALAKIN?. )TT A ET AL Reference No... Filed......... : Time 6/03/2005 10:25 Case Type ..... • APPEAL - DJ Judgment..... 00 ......... Execution Date 0/00/0000 Judge Assigned: GUIDO EDWARD E : Disposed Desc Jury Trial.... Disposed Date. 0/00/0000 . ------------ Case Comments ----------- -- Higher Crt 1.: 1723 MDA2006 Higher Crt 2.: --------- -------- --------------------------- PROCEEDINGS OF 11/22/2006 TRANSCRIPT -------------------- 08-23-06 ----- - - © -_ f ll/22/2006 TRANSCRIPT OF - PROCEEDINGS - -------------------------- - -------------------- 09-27-06 ----------------------------- ------ ----------- 12/04/2006 RENT PAID - $258.00 ------------ ----------------------------- ----------- --------------- 1/05/2007 RENT PAID - $258.00 -------------------- -------- --------------------------- 1/17/2007 OPINION PURSUANT TO PA RAP --------- 1925 - 01-17-07 - BY EDWARD E GUIDO J - COPIES MAILED 01-18-07 _ _- - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - * Escrow Bal * Fees & Debits Be Information mts/Adj End Bal P * ************ ** * ******************************** *** ****** ****************** ** APPEAL D.J. 35.00 35.00 .00 TAX ON APPEAL SETTLEMENT .25 5.00 .25 5.00 .00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 RENT 384.00 384.00 .00 RENT 630.00 630.00 .00 JDMT 9.00 9.00 .00 JDMT 9.00 9.00 .00 RENT 630.00 630.00 .00 APPT OF ARBITRA 15.00 15.00 .00 RENT 630.00 630.00 .00 RENT 630.00 630.00 .00 RENT 630.00 630.00 .00 RENT 630.00 630.00 .00 RENT 630.00 630.00 .00 RENT 384.00 384.00 .00 RENT 384.00 384.00 .00 RENT 384.00 384.00 .00 RENT 3807.36- 3807.36- .00 RENT 3807.36 3807.36 .00 RENT 2138.64- 2138.64- .00 RENT 2138.64 2138.64 .00 RENT 258.00 258.00 .00 RENT 258.00 258.00 .00 RENT 258.00 258.00 .00 RENT 258.00 258.00 .00 RENT 3170.64- 3170.64- .00 RENT 3170.64 3170.64 .00 RENT 258.00 258.00 .00 RENT 258.00 258.00 .00 APPEAL 30.00 30.00 .00 RENT 258.00 258.00 .00 RENT 258.00 258.00 .00 RENT 258.00 - 258.00 ---------- ---- .00 -------- ------------- 8386.25 8386.25 .00 * End of Case Information ******************************************************************************** Commonwealth of Pennsylvania County of Cumberland ss: 1, CURTTS R_ U)W. , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein LONG MEADOW AP RTMEWS Plaintiff, and - !'?' A _ MAT.AKTN npm HONNTE MAT.AKTN Defendant , as the same remains of record before the said Court at No. 05-2878 of CIVIL Term, A. D. 19 . In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this SECOND day of EM RY . D., 19_2007 Prothonotary 1, EDGAR R- BAYLEY President Judge of the N=rNTU Judicial District, composed of the County of Cumberland, do certify that MTRTIS R. Ll1M by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said Co , was, at the time of so doing, and now is Prothonotary in and for said County of C[lMEEunt in the Commonwealth of Pennsylvania, duly commissioned an ualified to w as such full faith and credit are and ought to be given as well in Courts of ju c ure s e e her , d t t t e said record, certificate and attestation are in due form of law and mad b ro er of ce . I V, A L11 President Judge Commonwealth of Pennsylvania County of Cumberland ss: 1, CURTIS R. LONG , Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable EDGAR B. BAYLEY by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 2ND d of FEBRUARY- A. D. 19 2007 Prothonotary Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of CUMBERLAND in the Commonwealth of Pennsylvania to No. 05-2878 CIVIL Term, 19 is contained the following: COPY OF COMPLETE APPEARANCE DOCKET ENTRY LONG MEADOW APARTMENTS 1 RICHLAND LANE APT/PTE 105 CAMP HILL, PA 17011, VS. SCOTT A. MALAKIN BONNIE MALAKIN 3 RICHLAND AVENUE APT/STE 108 CAMP HILL, PA 17011 SEE ENCLOSED CERTIFIED DOCKET' k' Rhodes Development Group, Inc., et al. V. Scott Malakin, et al. ORDER IN THE SUPERIOR COURT OF PENNSYLVANIA (C.P. Cumberland County No. 2005-2878) No. 1723 MDA 2006 Filed: February 2A , 2007 Appellant, defendant below, filed this appeal from the nonjury decision of September 27, 2006. The trial court docket indicates that appellant did not file a motion for post-trial relief and final judgment was not entered below. Pa.R.C.P. 227.1(c)(2) states: "Post-trial motions shall be filed within ten days after notice of nonsuit or the filing of the decision in the case of a trial without jury." Pa.R.A.P. 302(a) states: "Issues not raised in the lower court are waived and cannot be raised for the first time on appeal." See also Chalkey v. Roush, 805 A.2d 491 (Pa. 2002) (parties are required to file post-trial motions following a trial in law or equity to preserve issues for appeal); Lane Enterprises, Inc. v. L.B. Foster Co., 710 A.2d 54 (Pa. 1998) (Pa.R.C.P. 227.1 requires parties to file post-trial motions to preserve issues for appeal; if an issue has not been raised in a post-trial motion, it is waived for appeal purposes). Verdicts entered after a nonjury trial and orders denying post-trial motions are interlocutory and not appealable until final judgment is entered on the docket. Turney Media Fuel, Inc. v. Toll Bros., Inc., 725 A.2d 836 (Pa. Super. 1999). Accordingly, the above-captioned appeal is hereby DISMISSED. Per Curiam TRUE COPY FROM RECORD Attest: FEB 2 6 2007 C La? tB;Rt,y Prothonotary Superior Court of PA - Middle District ? Q W rn rra ` ' z , TI ? cat No.: 1723 MDA 2006 Carbon Copy Recipient List Addressed To: Mrs. Bonnie Malakin 3 Richland Lane, 3B-108 Long Meadows Apartments Camp Hill, PA 17011 Carbon Copied: Ms. Karri Huffman Long Meadow Apts 1 Richland Lane, Ste 105 Camp Hill, PA 17011 Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 David J. Lanza, Esq. Johnson, Duffie, Stewart & Weidner 2157 Market Street Camp Hill, PA 17011 The Honorable Edward E. Guido Court of Common Pleas of Cumberland County Cumberland County Courthouse, One Courthouse Sq Carlisle, PA 17013 1013 -10/99 10/1!99 Karen Reid Bramblett, Esq. Prothonotary James D. McCullough, Esq. Deputy Prothonotary ?y Superior Court of Pennsylvania Middle District February 28, 2007 RE: Long Meadow Apts. v. Malakin, B. et al No. 1723 MDA 2006 Trial Court Docket Number: 2005-2878 Dear : 100 Pine Street. Suite 400 Harrisbure. PA 17101 717-772-1294 www.superior.court.state.pa.us Enclosed please find a certified copy of an order dated February 28, 2007 entered in the above-captioned matter. Pursuant to the foregoing Order a certified copy of same, along with the original record will be forwarded to the trial court in due course. Ve truly yours, C 449??k James D. McCullough Deputy Prothonotary ALV cc: Ms. Karri Huffman David J. Lanza, Esq. The Honorable Edward E. Guido Judge Mr. Curtis R. Long Prothonotary I?A , y1 !t ?75 cn David J. Lanza I.D. No. 55782 356 North 21"` Street Camp Hill, Pennsylvania 17011 (717) 730-3775 RHODES DEVELOPMENT GROUP, INC. t/a : LONG MEADOWS ASSOCIATES, LP and : LONG MEADOW APARTMENTS, Plaintiffs V. SCOTT MALAKIN and BONNIE MALAKIN, Defendants Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2878 Civil 2005 CIVIL ACTION - LAW IN EJECTMENT PRAECIPE FOR WRIT OF POSSESSION To the Prothonotary: Please enter a Writ of Possession in the above matter for tno real estate described as follows: 3 Richland Lane, Apartment 108, Camp Hill, East Perinshoro Township, Cumberland County, Pennsylvania 17011. Respectfylly submitted, r David J. Lanza Attorney I.D. No. 55782 356 North 21st Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiffs 13216-76 N S r ti 'q 1 1 o? c c U ? rri -n tom,:: LL. r.' r ' ? •° - ; c-n ? S • - y lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RHODES DEVELOPMENT GROUP, INC. T/A LONG MEADOWS ASSOCIATES, LP AND LONG MEADOW APARTMENTS VS. No. 05-2878 Civil Term SCOTT MALAKIN AND BONNIE MALAKIN Costs Attorney's $ 148.25 Plaintiff's $ Prothonotary $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) RHODES DEVELOPMENT GROUP, INC. T/A LONG MEADOWS ASSOCIATES, LP AND LONG MEADOW APARTMENTS being: (Premises as follows): 3 RICHLAND LANE, . APARTMENT 108, CAMP HILL, EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PA 17011 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. C is R. Long, t ono ry, Common Pleas Court of umberland County, PA Date FEBRUARY 23, 2007 (Seal) 2of2 No 05-2878 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RHODES DEVELOPMENT GROUP, INC. T/A LONG MEADOWS ASSOCIATES, LP AND LONG MEADOW APARTMENTS VS. SCOTT MALAKIN AND BONNIE MALAKIN WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 148.25 Plff (sj $ Prothy $ 1.00 Sheriff $ Plaintiff (s) attorney name and address: DAVID L. LANZA, ESQUIRE 356 NORTH 21sT STREET CAMP HILL, PA 17011 717-730-3775 I.D. # 55782 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy Rhodes Development Group, Inc., et al. V. Scott Malakin, et al. ORDER IN THE SUPERIOR COURT OF PENNSYLVANIA (C.P. Cumberland County No. 2005-2878) No. 1723 MDA 2006 Filed: February , 2007 Appellant, defendant below, filed this appeal from the nonjury decision of September 27, 2006. The trial court docket indicates that appellant did not file a motion for post-trial relief and final judgment was not entered below. Pa.R.C.P. 227.1(c)(2) states: "Post-trial motions shall be filed within ten days after notice of nonsuit or the filing of the decision in the case of a trial without jury." Pa.R.A.P. 302(a) states: "Issues not raised in the lower court are waived and cannot be raised for the first time on appeal." See also Chalkey v. Roush, 805 A.2d 491 (Pa. 2002) (parties are required to file post-trial motions following a trial in law or equity to preserve issues for appeal); Lane Enterprises, Inc. v. L.B. Foster Co., 710 A.2d 54 (Pa. 1998) (Pa.R.C.P. 227.1 requires parties to file post-trial motions to preserve issues for appeal; if an issue has not been raised in a post-trial motion, it is waived for appeal purposes). Verdicts entered after a nonjury trial and orders denying post-trial motions are interlocutory and not appealable until final judgment is entered on the docket. Turney Media Fuel, Inc. v. Toll Bros., Inc., 725 A.2d 836 (Pa. Super. 1999). Accordingly, the above-captioned appeal is hereby DISMISSED. Per Curiam TRUE COPY FROM RECORD Attest: APR 09- 2001'? Dep thou tart' Supe or Court of PA - Middle District Karen Reid Bramblett, Esq. Prothonotary James D. McCullough, Esq. Deputy Prothonotary 4.4Superior Court of Pennsylvania Middle District February 28, 2007 Certificate of Remittal/Remand of Record TO: Mr. Curtis R. Long Prothonotary RE: Long Meadow Apts. v. Malakin, B. et al No. 1723 MDA 2006 Trial Court/Agency Dkt. Number: 2005-2878 Trial Court/Agency Name: Cumberland County Court of Common Pleas Intermediate Appellate Court Number: 100 Pine Street. Suite 400 Harrisburg, PA 17101 717-772-1294 www.superior.court.state.pa.us Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Contents of Original Record: Original Record Item Parts Filed Date Description February 5, 2007 2 Date of Remand of Record: R o s zoos ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. zl?-- "V1 C Signature Printed Name Date /alv ?l -' .._.F a. ..' _. #.A IV& 2of2 No 05-2878 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RHODES DEVELOPMENT GROUP, INC. T/A LONG MEADOWS ASSOCIATES, LP AND LONG MEADOW APARTMENTS VS. SCOTT MALAKIN AND BONNIE MALAKIN WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 148.25 Plff (s) $ Prothy $ 1.00 Sheriff $ Plaintiff (s) attorney name and address: DAVID L. LANZA, ESQUIRE 356 NORTH 21ST STREET CAMP HILL, PA 17011 717-730-3775 I.D. # 55782 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of , . I caused the within named to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By Deputy By virtue of this writ, on the 2 0 day of A p p i 1 2007 . I caused the within named Rhodes D ev . G r o u-Tn c , to have possession of the premises described Kt aX X X Tg*Y 5M,"d _ 3 u;chl and T anPgpt 108, Camp Hill, PA Sworn and subscribed to before me this Day of , Sheriff's Docketing Poundage Prothy Milage Surcharge Possession Return : 18.00 2.07 1.00 14.40 30.00 30.00 95.47 ? ?r/aa(a? ?/ So Answers By -Ste. o O v °a Advance Costs: 150.00 Sheriff's Costs: 95.47 54.53 Refunded to Atty on 4/20/07 P ~ Pa.+ I o~ 1~ CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: Rhodes Development Group, Inc. t/a Long Meadows Associates, LP and Long Meadow Apartments vs. Scott Malakin and Bonnie Malakin 2005-2878 Civil Term . 1723 MDA 2006 The documents comprising the record have been numbered from No.l to 202, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 02/0212007 . Cu is R. Lon onotar Regina K. Lebo, Deputy An additional cony of this certificate is enclosed Please sign and date copy, thereby acknowledging receipt of this record. Date • AED4RD ~ Signature & Title RJf?A "OURj Mlpp,~