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HomeMy WebLinkAbout02-4591COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 02-4591 CIVIL TERM NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas on appeal from the judgment rendered by the District Justice o~ the date and in the case mentioned ~k ~tice of A~I, w~ mccad by ~ Disw~t Justice, will ~ as a l~l(6)/bacti~f~Dis~ictJ~tice, he~ST ~PER~DEAS ~ ~ j~ ~ ~ssessi~ in this case FILE A COMPLAINT within twe~y (20) da~ after s~m of ~t~y ~ ~ty filing his NOTICE of A~EAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fon*n to be used ONLY when appellant was DEFENDANT (see Pa. R.C. RJ.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, detsch from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary ~ Enter rule upon ~-~ C j~. M C-~ -~r"~/N.~[~/[ ~-L~'-~-/~. ,appellee(s),tofileacomplalntinthisappeaJ N~-ne of appe//ee~s} (Common Pleas No. 02-4591 CIVIL TERM )withinfwenty(20)daysofterser.¥1eeofr~%orsuffe~en~y~o~ju/~gmenf./~fno~ prgs' Signature of al~ellant (~h~s attotr~y or agent Ne/ne of appellee(s) (1) You are not/fled 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 WILL BE ENTERED AGAINST YOU. (3) ThedateofserviceofthlsrulefservicewasbymaJlistheda. of.: D~e:.. Sept. 24:2002 AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FiLE COMPLAINT (This proof of se~v ce tdUST BE FfLED WI¥tttN TEf~ (10) DAYS AFTEF~ filing the notice of appea Ch, eck appl cable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ' $$ AFFIDAVIT: t hereby swr,-:a or affrm ~hat I serveo ' ~ tce et A e~l Common Peas No S t,t??~?~t ~ ~/~sona service ~ by (certii~ed} registered)mail sender's receipt at ached hereto and upon the appe ee ~ by personal service ~ by (certified) {reg stered) ma, senders rece pt attached nerao. ~ a-~d--¥~rtk;er ~ha-"--{~"s~rved th~--~ R~le to Rle a Complaint accompanying the above Notice o[ Appeal upon the appdiee(s) to whom the Rde was addre sed on ....... ~ by personal se,vce [~ by (certiled) registered) nail sander~s receipt attached hereto. SWORN iAFFIRML!LD AND 3UBSG~IBED BEFORE ME TH S DAY OF .... .*,,.~OMMONWEALTH OF PENNSYLVANIA ('~- L~5~ I COUNTY OF: CUt mERmUa) NOTICE OF JUDGMENT/TRANSCRIPT Mag DsINo PLAINTIFF: CIVIL CASE NAME and ADDRESS 09 - 3 - 05 FBRICKNER, JENNIFER DJName Hon. 2901 SOCIETY HILL DR APT.# 112 GAYLE A. ELDER CAMP HILL, PA 17011 Address: 507 N. YORK ST. MECHANI CSBU~G, PA L _j VS. DEFENDANT: NAME and ADDRESS Telephone (717) 766-4575 17055 F-MAKER, SINGH, ET AL. 105 DIBBLE LANE COLUMBUS, SC 29223-3103 SINGH MAKER L _1 105 DIBBLE LANE DocketNo.: CV-0000221-02 COLUMBUS, SC 29223-3103 DateFiled: 7/29/02 THIS IS TO NOTIFY YOU THAT: Judgment: D~PAULT ~LTDO. M'~N~ PLTF ~-] Judgment was entered for: (Name) m~T¢'_~'~: ,'r~m,-lUT~,~.~ E~ Judgment was entered against: (Name) ~A~m; ~l'rN~f-f in the amount of $ 9.: A~. D~ on: (Date of Judgment) R/2'7/Dg_ ] Defendants are jointly and severally liable. (Date & Time) ] Damages will be assessed on: Amount of Judgment $ 2,000.0~ Judgment Costs $ 63. ~--~ This case dismissed without prejudice. Interest on Judgment $ .0(] Attorney Fees $ .00 Total $ 2,063.0~ Amount of Judgment Subject to ~] Attachment/Act 5 of 1996 $_ Post Judgment Credits $ [] Levy is stayed for_ days or [~ generally stayed. Post Judgment Costs $. Certified Judgment Total $ ~ Objection to levy has been filed and nearing will be held: Date: Place: Time: that/thisis atrue and Date ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST IN~CLUDE A COPY OFTH S ; · ~ ¥1TH~YOUR NOTICE OF APPEAL .- ~stnct JuStice ..... proceedings cbnta,n hg the judgment · District Justice My commission exo~res first Monday of January, AOPC ~15-99 2006 SEAL .,'.,,,COMMONWEALTH OF PENNSYLVANIA COUNT¥0F: CUMBERLAND Mag Dist. NO: 09-3-05 DJ Name: Hon. ~d~re~: 507 N. YORK ST; MEcHANIcsBURG, PA , 17055 BIRI MAKER 105 DIBBLE LANE COLUMBus, SC 29223-3103 D i VS~ EFENDANT: NAM6 and ADDRESS [-Y.-2~d~R, sINGH, ETAL. 105 DIBBLE LANE COLUMBUS, SC 29223-3103 L NOTICE OF JUDGMENT/TRANSCRIPT P,^ NTIF : CIVIL CASE NAME and ADDRESS ~BRICKNER, JENNIFER ~ 2901 SOCIETY HILL DR APT.# 112 CAMP HILL, PA 17011 L Docket No.: CV~ 0000221- 02 Date Filed: 7/29/02 J THIS S TO NOT FY YOU TU~: Judgment: []Judgment was entered for: (Name) E~ Judgment was entered against: (Name) I in the amount of $ 9.: n~;3. on on: ~--~ Defendants are jointly and severally liable. ~ Damage~ will be assessed on: [] ]-his case dismissed without prejudice. Amount of Judgment Subject to [~ AttachmentJAct 5 of 1996 $ [] Levy is stayed for__.days or [] generally stayed. (Date of Judgment) . (Date & Time). Amount 0f Judgment $ 2,000.00 jUdgment CoSt~ $ 63.00 interbst on JUdgr~ent $, .00 Attorney Fees $. o 0~ Total $ 2~063.0. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ~ Objection to levy has been f led and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE F APPEAL WITH THE PROT O HONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUsT iNCLuDE A cOpy OF THis NOTICE OF JUDGMENT/TRANscR PT FORMw UR ~ ITH YO NOTICE OF APPEAL. date ; District Justice I certify that this is a true and Correct copy of the record of the proceedings Containing the judgment: Date , District Justice My commission expires first Monday of January. AOPC 3~i 5-99 2006 SEAL 09/23/2002 11:31 FAX 717 ?811496 o,.r, PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ......................................... ; SS AFFIDAVIT: I hereby swear or affirm that I served acc of the Notice o_[ A al Common Pleas No ~o~..'~'dll/IvJLiT~ ' ' ~,c,H~dnn~t'aRth~rannn py ~ .... ~n th ~str ct Just ...................... (date of serwce)~.~~....¢ ~ ~ personal s~rv~ce ~¢ (certified)~egistered) mail sender's receipt attached hereto~d upon t~e appellee, (name) .~ ~ ~ E J( ~ E ~ N/~ , on ~ .... I _, ~~ B by personal service ~ (~'y~;e~e~;'~e~t attached hereto. ~ and further that I served the Rule to~le a Comptaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ~¢~_~.] .......... ~% ~ by personal se~ice ~y (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIt~MED)AND SUBSCRIBED BEFORE ME THIS ~, ,,.~-t"- DAY OF m n=l Postage cl3 Certified Fee r-~ 131d Return Receipt Fee (23 ( orsement Required) ¢"-i ,]- stricted Deliver~ Fee ~ (~omement Required) r-~ Total Postage & Fees ¢ t'~ .°r ~ Box No." '~ '7 ~N~ y ................................ -~'--~' ....... 1 ............................... I~'......~.~ , Postage Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Poltage & Feel JENNIFER BRICKNER, Plaintiff SINGH MAKER and BIRI MAKER, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4591 CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE· IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717)-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JENNIFER BRICKNER, Plaintiff SINGH MAKER and BIRI MAKER, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4591 CIVIL TERM COMPLAINT AND NOW, comes the plaintiff Jennifer Brickner, by and through her counsel, R. Mark Thomas, Esquire, and brings this Complaint against the defendants and support thereof respectfully represents: 1. Plaintiff Jennifer Brickner is an adult individual currently residing at 2901 Society Hill Drive, Apt. 112, Camp Hill, Pennsylvania 17011. 2. Defendants Singh Maker and Biri Maker, husband and wife, are adult individuals and according to the Notice of Appeal filed by them, they currently reside at 105 Dibble Lane, Columbia, South Carolina 29223. 3. The defendants are the owners of certain real property located at 25 Laurel Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4. On or about June 8, 2002, the parties hereto entered into a written Residential Lease whereby plaintiff was to let the premises located at 25 Laurel Drive, Mechanicsburg, Cumberland County, Pennsylvania from the defendants for a period of one (1) year to commence on July 1, 2002. (A copy of the Lease agreement is attached hereto and incorporated herein as if set forth at length as Plaintiff's Exhibit "A"). 5. Pursuant to the terms of the written Residential Lease agreement plaintiff paid a security deposit to the defendants in the amount of Two thousand ($2,000.00) dollars. 6. On or about June 30, 2002, plaintiff discovered that the leasehold premises was unfit for habitation due to numerous township code violations which made the property unsafe and uninhabitable. 7. Plaintiff attempted to notify the defendants who lived out of state by telephone on the evening of June 30, 2002 that she could not reside in the premises due to its then current condition, but was unable to contact the defendants. 8. Plaintiff did not exercise her rights under the written lease due to the unsafe and uninhabitable condition of the premises and was compelled to find a new residence and did so find a residence which is plaintiff's current address. 9. The conditions which rendered the leasehold premises unsafe and uninhabitable consisted of the following: (a) grinder pump for sewage was designed to vent directly into the dwelling; (b) an electrical sub-panel was installed without being inspected by the township; (c) three (3) electrical outlets located near water were GFCI protected; and (d) ground water sump pump discharged directly into the sanitary sewer. 10. Upper Allen Township advised defendants that it would not issue a Certificate of Occupancy at the time plaintiff was to take possession of the premises. 11. Plaintiff sought the return of her Two thousand ($2,000.00) dollar security deposit from the defendants due to their inability to provide plaintiff with a safe and habitable residence per the terms of the written Lease Agreement, but the defendants refused and continue to refuse to return plaintiff's security deposit. 12. The defendants breached the Lease Agreement by not providing plaintiff with a safe and habitable residence on the date the lease was to commence and thereby released the plaintiff from her obligation under the terms of the written Lease. WHEREFORE, plaintiff prays that this Honorable Court will enter judgment in favor of the plaintiff for the return of her Two thousand ($2,000.00) dollars, plus court costs in the amount of Sixty-three ($63.00) dollars. Respectfully submitted, R. Mark Thomas, Esquire ID# 41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. A~IO-IO .3t0.o RESIDENTIAL LEASE Apartment ~ Condominium m House BY THIS AGREEMENT made and entered into on "t'= .... ,.-= ~ T-~-- .~ _ between ~.,~, fJ~d~Az/,--'_ ~-~ h ' r~ ~' '~- ~ ~ ~ ,o(C;(./ (ye=, emro reread m as ~ssor. u-~ ..... ~ ~ ~ Z - ~ - · - ~ ~ ' ~ / ~ . ,,,u~ p~lcu~ y aescd~ ~ foll~s: ' ..... t°getherwithallappurtennnces, foratermof (~)/"IE yean, to commence on ,.~L//-. ~ /,~" , I. Rent. Lessee agrees to pay, withoutde -- v -'~-00.~ y~ ),at ~",. oclock .m. /~ V ~,/~ .---, maud' t° Lessor as rent for the ocmised premises the sum of P~"c~ f.~.~ .Dollars ($ ] ~ , ~ . .~ ~G ~ ~r month m advance on the each calendar month beginning ..J ~/-- ~' ~ ~, g' day of , or al socn other place us L~ssor i~ay deaigoate. 2. Security...~Deposlt, On execution of this lease, Lessee deposits with Lessor 7"~ ~ "/~ ~ ~--c~._~ . . . Dollars ($ '=~'-~ ~ ~ "~ ), recel-t o ..... acknowledged by Lessor, as security for the almfUl penormance by Lessee or' the terms hereof, to be returned to ~ssee, without interest, on the full and faithful performance by him of the provisions hereof. 3. Quiet EnJoyment. Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold, and enjoy the demised premises for the agreed term. 4. Use of Premises. The demised premises shall be used and occupied by Lessee exclusively ns a private single family residence, and neither the premises nor any part thereof sbu by Lessee for the purpose of c,,...,tn ......... . . Il be used at any time durin~ the term than as a private single familv~:id~n~,~' ~m,y__o_usme. ss.: pmresslon, or trade of any kind, or'or an" ...o~._..,:,.._ orders of appropriate govemmentai authorities affecting the cleanliness, occupancy, and preservation of.the demised " mrJ; ,-,,,, ..um Sanlolr~/ laws, ordinances, roles, ~nd premises, and the sidewalks connected thereto, during the term of this lense. .~. Number of Pc. cupnnts. Lessee n~rees that Ihnn ~0(/~2-/7-A~persons, conslstin~ '- r,_the d~em~se~d premises shall he occupied by no the u · of / s m /-0 ~ f~ I' more g .... "e ...... · /lA.~u ts and -- · children under ~. ma, wlmout Ihe written consent ~i' C~n:d. ltlon of Prem!;~ I.,;see s~ .nulnte~ that h,- h~,~ · .... .,..a ,- - · and tenan,ah,e co.d tio.. .-----,.ny.. n, th..me 7. Assignment nnd Subletting. Without the prior written consent of Lessor, J.~.ssoc shall not assign Ibis lease, or suble.' or gmn; any concession or license to use the premises or any pL'l thereof. A consent by Lessor to one assign- meat, sublelling, concession, or license shall not he deemed lo be n consent lo any subsequent a~signment, sublelting, concession, ur license. An assignment, subletting, concession, or license without the prior written consent ut' Lessor, ....... : ...... ' ~. e,,ht~.ina hv ooeration of law, shall he void and shall, at Lessor's option, terminate this lense. i.t. Maintenance and Repair. Lessee will, at his sole expense, keep and maintain the leased premises and appurte- nances in good and sanitary condition and repair during the term of this lease nnd nny renewal thereof. In pa~icular, Lessee shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the fur- nnce clean: keep the elec~'ic bells in order, keep the walks free from dim and debris; and, at his ~le expense, shall snake all required repairs to the plumbing, range, bentlng, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of the leased premises, not due to Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor, shall be the responsibility of Lessor or his assigns. Lessee agrees that no signs shall be placed or painting done on or about the leased premises by Lessee or at his direction without the prior writ- 14. Animals. Lessee shall keep no domestic or other animals on or about the lensed premises without the written consent of Lessor. !$. Display of Signs. During the last //~(~ days of this lease, Lessor or his agent shall have the riv · e of displaying the usual "For Sale" or "For I~ent" or "~ ' . P g property to prospective purchasers or tenants, ncancy signs on the d,'mtsed premtses and of show ng the 16, Subordination of Lease. This lease and Lessee's leasehold interest hereunder are and shall be subject, subordi- · hale, and inferior to any liens or encumbrances now or hereafter placed on the demised premises by Lessor, all any and all ren. ewals or extensions of such lieua, or enc. mhrnnCe.e_ 18. Surrender of Premises. At ~he expiration of the lease term, Lessee shall quit and surrender thc premises hereby demised in ns good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted· 19. Default. If any default is made in the payment of rent, or any pert thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any other term or condition hereof, the lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom. Lessee shall be given written notice of any default or breach, and termlnatio, and forfeiture of the lease shall not result if, within J~V'.Cdays of receipt of such notice, Lessee has conected the default or breach or has taken action reasonably likely to effect soeh correction within a reasonable time. 20. Abandonment. If at any time during the term of this lease Lessee abandons the demised premises or nny part Ihereof, Lessor may. at his option, enter the demised premises by any means without being liable Ibr any prosecu- tion therefor, and without becoming liable to Lessee for damuges or for any payment of any kind whatever, and may, at his discretion, as agent for Lessee. relet the demised premises, or any part thereof, for the whole or any pan of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, f~.r a.'~y d:ffcren~_- bet~ve-.n the rent that would have been payable under this lease durine the balance of the unexpired term, if this lense had continued in force, and the net rent for such period realized b.~ Lessor by means of such reletting. If Lessor's right of re-entry is exercised following abandonment of the premises by Lessee, then Lessor may consider any personal property belonging to Lessee and left on the premises to also have been abnndoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so. 21. Binding EffecL The covenants and conditions herein contained shall apply to and bind the heirs, legal repre- -., t. ..... ,~ ell ~,~u~,nnnl~ nr~ t~ be construed as conditions of this lease. SINGH MAI~R AND B1RI MAKER husband and wife, Defendants Vo JENNIFKR BRICKNKR Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 02 - 4591 CIVIL TERM De~nse Response And now, comes the Defendants, SINGH MAKER and Biri Maker, brings this defense against the Plaintiff and support thereof respectfully represents: 1 Plaintiff Jennifer Brickner is an adult currently residing at 290I Society Hill Drive, Apt. 112,Camp Hill Pa. 17011, according to the acceptance of certified mail notice of appeal. 2a Defendants Singh Maker and Bid Maker, husband and wife, are adult individuals, residing occasionally at 105 Dibble Lane, Columbia SC 29223, at their daughter's residence. 2b I, Biri Maker have been managing property at San Antonio, Texas and California. Proof of service of notice of appeal, the affidavit has the seal of the Notary Public:, State Of Texas. 2c Since my husband and I were to travel soon after filing the notice of Appeal, I did not want the mail to arrive at Texas during my absence. We let~ San Antonio after receiving the Return receipt of the certified mail sero to the Plaintiff. Due to the above reasons I wrote the 105 Dibble Lane, Columbia SC address, where we visit and reside occasionally, on the notice of Appeal. 2d Plaintiff Jennifer Bricker, spoke to me on the phone several times at the San Antonio Tx Phone number. She was aware that 105 Dibble Lane, Columbia SC. address is used on our travels. 2e Certified mail from Honorable Gayle A Elder's office, Docket no CV 0000221 02 was sent to 105 Dibble Lane, Columbia SC. This certified mail was received by a Spanish lady, who speaks and reads a little English. My daughter and son- in- law were not told about this mail. Tina, the Spanish lady is about 70yrs old, who was baby sitting, forgot about the mail after putting it in a safe hiding place. 2f My husband Singh Maker and I came to know al~er receiving the Default Judgment mail from Honorable Gayle A Elder's office. 28 I requested the copy of Delivery of the certified mail from the office of the Honorable G-ayle A Elder's office and noticed that Tina had signed the mail but it was too late to file the Appeal.( A copy of Tina's signature, along with the unopened mail given later, by Tina is incorporated herein as if set forth at length as Defendants Exhibit "A" 3 The Defendants, Singh Maker and I Bid Maker are the owner's of certain real property located at 25 Laurel Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4a On or about June 8th 2002,the parties entered into a written Residential lease whereby plaintiff was to lease the premises located at 25 Laurel Drive, Mechaniscburg PA, for a period of one year. 4b Singh Maker and I (Bid Maker) gave the key and possession to the Plaintiff(Jennifer Brickner) of 25 Laurel Drive, Mechanicshurg Pa. property on or about Sm~e 9th 2002,0lent fr~e June). so that she and her friends could move in and give reasonable notice to their family or landlord. I, Biri Maker, wanted the rent to start July 1st 2002 and wrote tl~e commencement lease date July 1 st 2002.The Plaintiff was aware that the rent will be prorated, if the move in date was delayed due to any reason. 4c On June 6th 2002, Application for Rental was faxed to the plaintiff, Jennifer Brickner's office by the defendant (Bid Maker) from San Antonio Texas. 4d The contemplated move in Date was left BLANK by the plaintiff(Jennifer Bfickner ) and was accepted by me Bid Maker, the defendant.(A copy of the Application for rental page 1 is attached hereto and incorporated herein as if set forth at length as Deferdants exhibit "fl" ) 5a Pursuant to the terms of the written Rental Application, Jennifer Brickner, Plaintiff, paid $2000 as NON Refundable fee for processing, reviewing information related to the I~a~e Gnlr~nty. She (Jennifer Brickner) agreed to pay the $2000/in two installments for the lease Guaranty. ( A copy of page two of the Rental Application, no 13, section B is attached hereto and incorporated herein is set forth at length as Defendant's as exhibit "C" ) 5b One June 6th 2002, as the Date shows on the fax copy received by the plaintiff, (Exhibit "C" ) Jennifer Brickner ,Plaintiff and I Bid Maker defendant, communicated Jennifer Bdcker expressed the desire to rent 25 Laurel Drive, Mechanicsburg PA. property and paid the $2000/fee. I informed her after receiving the payment in (full) of the $2000/. I Bid Maker will give her the lease Guaranty and the move in da're was left open. 5c On or about June 6th 2002, the plaintiff paid and signed the NON refundable fee for the lease Guaranty .I, Bid Maker the Defendant informed Jeniffer Bricker that the fee of non refundable $2000/will be endorsed or transferred towards the ,.-curity Deposit account, at a later date hence Plaintiffwill not have to pay Twice, the $2000. Sd. Jennifer Brickner in return of the payment for the lease Guaranty of $2000/was given complete access to the property as well as expensive riding lawn mower, snow blower and other tools left at the storage shed. 6a Not true. 6b On or about April to June 2001, an addition of Carport was added to the 25 Laurel Drive property. A permit was issued by the Upper Allen Township. Regular inspections were made during all phases of this addition. During these inspections of the property, NO unsafe or uninhabitable conditions were cited by the Township. 7 a On June 30th 2002 evening, my husband Singh Maker and I Biri Maker were upstairs in our bedroom at our townhouse in San Antonio Texas. I Bid Maker heard the cell phone ting downstairs ,a recorded was left by the plaintiff, Jennif~' Brickner. I, Bid Maker, tried to call back but the phone was not answered by the plaintiff. To Singh Maker and I were in Texas, we called Mark Bernard, our maintained person and gave him the written authority to inspect the property and to comply with the wishes of Jennifer Bfickner, the plaintiff. A written authority was sent by Fax to Mark Bernard on July 1 st 2002. 7c. Mark Bernard was able to talk with Jennifer Brickner, the plaintiff, and requested a meeting and a list of her "DO LIST" for 25 Laurel Drive property Jennifer Brickner told Mark Bernard that aler she has ail her "Ducts" in place, she will call and meet him later. 7d. On or about July 1st, 2002, the Plaintiff and I, the defendant Bid Maker, spoke on the phone. I informed Jennifer Bricjner that Jim Pedrick, a real estate agent and Mark Bernard will meet her and all her concerns and demands will be fulfilled. It was not l~ssible for Singh Maker or Bid Maker to attend due to our schedule of work in San Diego Ca. 7e. James Pedrick, my real estate agent and Mark Bernard met with lrennifer Brickner, the plaintiff, and she told all the things that needed to be completed. She also conveyed the message that if she was given the $2000/back, she will go away quietly or she will report to the Township for violations. 7f Bid Maker, the defendant, on hearing these accusations, asked ll. eai Estate Agent to meet with the Township. She also asked Mark Bernard to hire ail the required contractors, who would contact the Township, take the permits and finish the work according to the New Revised 2002 codes. 7g. After the above instructions were given to Jim Pedrick and Mark Bernard, I Bid Maker, the Defendant, spoke at length with Jennifer Brickner and assured her that ail the Improvements will be done. She kept saying "It is not possible for you to do all the work". Plaintiff gave the phone to her friend who was on the lease and was to live with the Plaintiff at 25 Laurel Drive. Her friend said, "Mrs, Maker. it is not humanly possible for you to do the work, we will not pay the rem for July. "The Defendants reply "All the work will be Clone completely ." 7h. The Real estate agent, Jim Pedrick was given written authority by Biff Maker, the landlord, to sign ail necessary township papers and get the work completed. Ono~. everything was completed in July Jim Peddck informed the plaimiff, Jennifer Brickner of the progress. 7i. Hearing about the progress Jennifer Brickner, the Plaintiff askexl Real estate agent, Jim Pedrick for the pro rated rent for July, which was agreed initially by the.. Defendant. 8a NOT TRUE. 8b. The Plaimiffinitiaily asked for FIVE adults to live at 25 Laurel Drive, the defendants agreed, Later only FOUR signed the lease and the defendants agreed. Later on the Defendants felt that there was Disharmony in the group. Jennifer Brickner wanted a way to Break the lease. This complaint was filed ONLY by Jennifer Brickner ALONE and the other Tenants did not join her. The plaintiff, Jennifer Brickner told me, Bid Maker, all she wanted was the $2000/ back in return nothing will be pursued. 8d. The plaintiff, Jennifer Brickner filled the Rental application showing her residence at 2901 Society Hill Drive, apt #112. This application was filled on or about June 6th 2002. and according to the complaint filed by the plaintiff, that is still her residence. Jennifer Brickner did not find a new rt~idence. 9. The conditions listed in no 9 A, B, C, D were from 1975 when the property was purchased according to the prevalent codes at that time. 10a. UPPER ALLEN Township never condemned the property as ua,inhabitable. 10b. The defendants took the lead and asked the Township for a p~rmit to comply with the plaintiff's request and willingly co-operated with township to bring the property to 2002 codes. 10c. On or about the month of July our Real Estate agent, James Predrick, called Jem-rfer Brickner to inform her that the work was completed. She did not return his calls. Finally James Pedrick was able to talk with Plaintiffat her office. She, Jennifer Brickner was very short on the phone and said, legal action will be taken. 10d. Upper Allen Township work was completed and inspected at the given time frame of the permit in the month of July. The certificate of occupancy was issued. 10e. The Plaintiff, Jennifer Brickner, left the Contemplated move Jin date blank in the Rental Application and paid the $2000/NON refundable as only lease Guaranty. Hence the move in Date was flexible. The rental application is attached as Exhibit "B" 1 I. The Defendants Singh Maker and Bid Maker refused to return the NON Refundable Lease Guaranty of Two thousand dollars, paid and signed by the plaintiff Jennifer Brickner, which was hence never transferred to a security deposit, because the plaintiff did not exercise her lease rights. The Township uever condemned the property as uninhabitable or unsafe. 12. The defendants complied with all demands put forth by the plaintiff on the rental application (a) Non refundable fee of $2000/for lease guaranty, received (b) Contemplated move in date left OPEN. (c) The lease was signed by the Plaintiff at a later date on or about June 8th 2002. (d) The NON refundable fee of $2000/was never transferred to Security deposit because the Plainfiffbreacbed the agreemems. WltEREFORE, defendants prays that this Honorable Court will enter judgment favor of the Defendant.. WHEREFORE, the defendant prays that this Honorable cc,urt understands the following: End Of July defendants Real Estate agem is informed of the breach of the Lease agreement by the Plaintiff Jennifer Brickner. MID SEPTEMBER a new tenant was located by the Real Estate agent with a move in date of October lst. The new tenant was re-locating fi.om another state. The following are the expenses and losses on the ]property at 25 laurel drive: Rent loss for July, august, sept ............... $ 4200/ Re Leasing commission to J.Pedrick ...... $1200/ Weekly lawn upkeep of the property ....... $ 300/ Water, sewer, eleetdc bill about ................ $ 200/ Rent FREE to PlalnthT for June ................$1400/ Plus Court costs, Plus Travel expenses for this Appeal, Plus Tension and mental anguish. The Plaintiffhas FOUR Lessees to share the Loss. Respectfully submitted, Biri Maker (323) 273 2106 (323)253 3181 VERIFICATION I verify that the statements made in the foregoing document are tree and correct. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your ha,me and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, ...... · ,~nt if space permits. ( I 3. Semice Type - t i-I Registered [] Insured Mail 4. Restricted Delivery? (Extra Fee) 7002 05t0 0001 3991 5625 ervice label) ............ August2001 Domes[lc Peturn Raceipt .COUNTY Mag. Dist. NO.: 0:9-3-05 DJ Name: Hon. Add~essi ~*~071' [] AClen [] Addr, B. Received by (Printed Name) C. Date of DE D. is delivery address different fi'om item 17 [] Yes it YES, enter delivery address below: [] No [] Express Mail [~LE~e~eceipt for Merch~ [] C.O.D. [] Yes [] AgE [] Ad( Is delivery address different from item 17 [] Ye.' If YES, enter delivery address below: [] No Service Type ~fied Mail [] Registered 7002 055D OOOS~99~,o~~ *' Z05 DZBBLE X~ COLO~OS, BC 29223-3103 [] Express Mail [~ceipt for Mer( ~l~fa or ~ P.'~vi,:us E~ol~... AddrHt CT,~q-2003! 10-01-~ Pt~ 1 of 2 e/-E;:lT ~-O 90 un[' .: M banlmqX=~___..: ia. pmlm~Y JENNIFER BRICKNER, Plaintiff SINGH MAKER and BIRI MAKER, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4591 CIVIL TERM PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: R. Mark Thomas, Esquire, counsel for the plaintiff in the above action, (or actions) respectfully represents that: 1. The above-captioned action is at issue. 2. The amount sought in damages is less t 2~fl:l~~.. The counterclaim of the defendant in the action is $0.00. The following attorneys are interested in the case (s) as counsel or are otherwise disqualified to sit as arbitrators: R. Mark Thomas, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. R. MARK THOMAS, ESQUIRE ORDER OF COURT , AND NOW !~/-'~.z/_ /_5 ~ 2003, in consideration of the foregoing petition, ;~?d/~q_ ~$W~_~,// Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Court, P.J. JENNIFER BRICKNER, Plaintiff SINGH MAKER and BIRI MAKER, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 02-4591 CIVIL TERM : AFFIDAVIT OF SERVICE I, R. MARK THOMAS, ESQUIRE, being duly sworn according to law, depose and say that on February 3, 2003, I mailed by certified mail, return receipt requested, a true copy of the Notice of Arbitration Hearing to Defendants Singh Maker and Biri Maker. A receipt was returned to me which indicates that the Notice was received by the defendants on February 20, 2003. A copy of said receipt is attached hereto. R. Mark Thomas, Esquire Attorney for Plaintiff 101 S. Market Street Mechanicsburg, PA 17055 (717)796-2100 I.D.# 41301 Sworn to and subscribed before me this 28th day of February, 2003. Notarial Seal Anne Carmody, Notary Public Mechanicsburg Bore, Cumberland County My Commission Expires Expires Mar. 11, 2006 SENDER: .... I also wish to receive the · Complete items 1 and/or 2 for additional sen/ices.. · Complete Items 3, 4a, and 4b. following services (for an · cardto u. , · Pdnt your name and address on the reverse of this form so thai we can return this extra fee): · Attach t~s~ lorm to the front of the mailplece or on the back·If space does not 1. [] Addressee's Address oermit. ' · Write 'Retum Rece~pt Requested' on the mallplece below the article number. 2. [] Restricted Delivery · dell~.The Retom Receipt. . will, show to whom the article was delivered and the date Consult postmaster for fee. 3. Al~le Addressed to: 4a. Article Number ~) / ' /'2 ~ .... . _ [] Return Receipt for Merchandise [] COD .2 5. Received By: (P.n,'.,,nt Name) 8. Addressee's Addre~'s (Only if requested and fee is paid) , , , ' i; : iii! i ~ !~.i '' ' to~sss-..-s-o22. Domestic Return Receipt UNITED .' · Print yOur n~~nd ~ ~.. R. ]V[~k-Thomas Atton~y at Law " I 01 S. Market Street Mechanicsburg, PA 17055 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ; : NO. 2 0~2- ~ ~,.~J~ ( TERM : 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 Commonwealt~t w~~duties of our office with fidelity. Chairman AWARD 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) . ~bi~ator, dissents. (ins~ name if b[e.) Date of Heating: ~/~ /O J NOTICE OF ENTRY OF AWARD Now, the .. ~'~'~ day of /]~/J/ ,20t~ , at · , __..M., the above award was entered upon the docket and notice thereof giv~~thzrties or their attorneys. Artibitrators'compensation to be ~. Paid upon appeal: - Prothonotary Deputy ( ~'~] ~7 JENNIFER BRICKNER V. SINGH MAKER BIRI MAKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that L~ {/~'-- I fi4 ~/~. ~(/~ from the award of.th_e ~t~od~f arbitrators entered in this case °n A jury trial is demanded O. (Check box if a jury trial is demanded. wise jury trial is waived.) appeals Other I hereby certify that: 1. The compensation of the arbitrators has been paid, or 2. Application has been make for permission to proceed in forma pauperis. (Strike out the inapplicable clause) Appellant or Attorney for Appellant NOTE: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1 (b), (b) No affidavit or verification is required. JENNIFER BRICKNER, Plaintiff Vo SINGH MAKER and Ir.. Defendantt : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : : NO. 02-4591 CIVIL TERM PRAEC[PE TO ENTER JUDGMENT Kindly enter judgment'as per the Award o Arbitrators dated May 9, 2003 Respectfully submitted, R. Mark Thomas, Esquixe Attorney for Plaintiff 101 South Market Street Mechanicsburg, PA 17055 (717)796-2100 ID# 41301 JENNIFER BRICKNER, Plaintiff SINGH MAKER and BIRI MAKER, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : _. _. : : NO. 02-4591 CIVIL TERM _. PRAECIPE TO SETTLE, DISCONTINUE AND END Please mark the above captioned case as , ' ' and at end since the parties have reached a resolution to this matter. Respectfully submitted, R. Mark Thomas, Esquire Attorney for Defendant 101 South Market Street Mechanicsburg, PA 17055 (717)796-2100 ID# 41301 CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, Postage pre-paid, addressed to: Singh Maker and Biri Maker 105 Dribble Lane Columbia, SC 29223 Date: R. Mark Thomas, Esq.