Showing posts with label petition. Show all posts
Showing posts with label petition. Show all posts

Wednesday, February 7, 2018

CHAPTER FORTY-EIGHT: Chasin' Charmayne

About a month later, I decided it was time to take Charmayne to #Court to try and #collect the #rent she still owed me from October through February.  The total sum only amounted to $116.02, but I'd also spent about $500.00 in repairs, so I was determined to get what I could. Charmayne had been ignoring all my letters and phone calls, so I went ahead and filed a #petition in Small Claims Court. The City Clerk mailed it to Charmayne's mother's house on Knife Street, which was the only Charmayne-related address I had. I soon received a frantic phone call from said mother.
"What's this petition thing come in the mail?" she demanded.
"Overdue rent,” I told her. “It's all explained in the petition."
"Why's my name on it, though?” she practically screamed in my ear. “I have to go to court too?  I don't owe you no rent. You ain’t gett'n nutt'n from me. I've never even met you."
"Don't worry," I assured her. "Your name's only included on the petition because you're the ‘care of’ address. You don't have to go to court. Just Charmayne."
"Humph," Ma grunted and slammed the phone down in my ear.
Charmayne called soon afterwards.  "Why're you taking me to Court?  I said I'd pay you when I can."
"You did say that,” I agreed, “but that was ages ago and nothing's happened. You've been ignoring all my letters and phone calls. The only option I have is to take you to court."
"I never got no letters from you," Charmayne protested.
"Oh yes you did," I told her. "I sent it certified mail, care of your mother, and she signed for it."
"Oh."
"lf you want, I can send you a copy of the return receipt," I offered. "If you pay me before the tenth of the month, you won't have to to go court. But if you don't pay me, then I have to go to court to protect my interests."
Charmayne spluttered loudly into the phone, then, like her parent before her, hung up loudly in my ear.
I sent her a copy of the return receipt, signed by her mother. As expected, no payment was forthcoming.  I kind of hoped Charmayne wouldn't show up in Court so I could get a default judgment against her, but when the day arrived, the #Judge was delayed, and Charmayne slipped into the courtroom a minute later.
After sitting through the first few cases, it was my turn to be heard. Charmayne and her Ma, a hard-bitten, young-old woman, followed me up the aisle to the front of the courtroom to stand before none other than the mustachioed Judge Grazziano.
He recited my petition out loud. Then, eyeing Charmayne over the tops of his spectacles, her asked her if, in her opinion, the dollar amount stated in the petition was accurate.
"I guess," she reluctantly conceded.
"And do you intend to pay this amount?" 
"I told her I'll pay her when I can," Charmayne answered.
"Your Honor," I broke in. "She's been promising that for months but it never materializes."
Judge Grazziano looked back at Charmayne.  "Do you have a job?"
"Yes."
"Where?"
"Fun World."
"She's been there since last November," I put in.
"Address?" the Judge asked. Charmayne remained stoically silent.
"Worthington Street Extension," I answered in her stead. "I've tried contacting them but they won't take my calls and they return all my letters."
Judge Grazziano frowned.  "Where do you live now, Charmayne?"
"Main Street."
"Number?"
"One one one one."
"Apartment number?"
"Two."
The Judge raised his gavel.  "Judgment for the #claimant."
"Your Honor," I said quickly.  "She's got a lawsuit pending for personal injury.  Can I at least get her social security number?"
"Very well," the jurist agreed. "What's your social security number, Charmayne?"
"It's on the lease," was her answer.
"No it's not," I said.
"What is your social security number?" Judge Grazziano repeated, a little testily.
Charmayne gabbled something and was made to repeat her answer, which she did in slightly slower gabbles.
I scribbled the social security number down on my file folder next to where I'd written her equally-garbled response as to her current address.
The Judge looked at me. "We done here?"
I nodded.
"Rule for the #petitioner."  Bang went the gavel.
Driving back to my office, I felt emboldened by my small victory and decided to stop by 51 Manson Street to see if Giselle could pay me the two months' rent I was also owed by her.  The background to this circumstance was as follows: 
Claiming that Social Services was late in paying her check to her, Giselle had promised to send me a money order as soon as the check arrived. Some days later, she apparently mailed me the money order but when it failed to arrive, opined that the post office must have lost it and that she would investigate. Two days later, she called to say that she’d erroneously mailed the money order to her sister in Florida instead of to me, but that her sister was returning it by return post, and as soon as it arrived, Giselle would mail it on to me. A week later, when it still failed to materialize, I called Giselle to find out what was going on. She apologized profusely for forgetting to mail it and assured me that she would mail it the next day. To date, no money order. 
Marvin opened the door to my knock and asked me to wait whilst he rummaged through Giselle's dresser for the money order.  To my relief, he came back with two money orders for two months' rent.
As I turned to leave, Marvin called me back. "You see what Shirley and Jerry put up?" he asked, indicating a tall wooden fence separating the neighbors' #property from mine. "Giselle was wonderin' if you could put a fence up on the other side of the yard? The fence we have now is all loose an' everything, and the dog can get out. Giselle wants to let him run loose in the back yard."
"Let's take a look," I offered.  We tramped up the alley to the back yard where the chain-link fence was indeed looking very sorry for itself.
"Jerry got his wood real cheap," Marvin continued.  "If you buy the wood, I can put the fence up for you.  No charge."
I thought for a moment.  "The thing is, even though I just got two months' worth of back rent from Giselle, she still owes me three hundred and seventy-five dollars from last August. I really don't want to spend any more of my own money til that's paid that off too."
"I don't know about that," Marvin said.  "I’m jes tellin' you about the fence, and the labor will be free."
"Why don't you get me an estimate?" I suggested, "and I'll think about it."
Marvin nodded. "Okay, an’ there's another thing.  We need recycle bins. The City's changed the rules. They're not going to pick up bags no more. We need a container."
"You don’t have your own garbage cans?"
"Yeah, but we need another one for recyclin'.  The landlord's supposed to provide those."
I sighed. "Anything else?"
Marvin pointed to a hole at the edge of the sidewalk in front of the house. "That there needs fixin'. I tried fillin’ it wit’ rocks and stuff, but the kids from upstairs ... they keep pickin' at it an' makin' it bigger."
"All right,” I said. “I'll find out about that, too.” 
At that moment, Diane popped her head over the balcony above our heads. “Diane?" I yelled to her. "You keep your kids away from that hole, you hear? I don't want someone suing me because they've broken their ankle." She giggled and disappeared back inside.
When I got back to the office, I called the City and learned that, yes, fixing the #sidewalk in front of the #house was indeed my responsibility. They also told me I could purchase any kind of garbage can for recyclables, so long as I put stickers on it, which the City would send to me.
I wrote to Giselle to let her know I'd be delivering a #recycling bin as soon as the stickers arrived.  As an afterthought, I added that she was welcome to pay off her debt to me by purchasing the wood.
No stickers arrived, but my father did, accompanied by his fourth wife, Brenda. She was a six-foot-tall Amazon-of-a-woman, with a weather-beaten face and a no-nonsense manner, but she had a fun, kind personality. Following Frederica's death, our family was drawing together.
They stayed with us for two weeks, and Daddy was barely moody at all. He particularly enjoyed getting reacquainted with Andrea and Bronwyn, who had grown quite a bit since he'd seen them last.  Bronwyn kept him entertained for hours with her endless chatter and funny impressions, while Andrea demonstrated the gymnastics prowess she'd undoubtedly inherited from her athletic grandpa. “These granddaughters of mine are quite delightful,” Daddy was heard to declare one day in a proud voice.  
In between Daddy and Brenda's sightseeing trips, I also enjoyed spending some quality time with my father. He was into New Age music, and one night we sat together in the living room watching my new Yanni video.  I remember sharing a glance of silent appreciation with him as the music surged to a crescendo at the end of a track. We both had tears in our eyes at the beauty of the soaring violins.  It was a special moment.  Mummy, Wim, and Brenda were outside on the back deck, no doubt wincing at the noise but they managed to endure the whole length of the music video without making any snide comments, which was very public-spirited of them.
Toward the end of Daddy’s stay, I asked him if he knew what time it was that Frederica had woken up from her semi-comatose state and spoken to Janie for the last time. I was amazed to learn that it was just about the exact moment that I’d been trying to connect with her via ESP, holding her hand in my mind and sending her my strength. I looked down at my sister's favorite cameo ring that Daddy had brought me from South Africa, and my heart swelled as I twisted it around on my finger.
I was having such a nice time with my father, that I forgot all about buying the recycling bin.

Sunday, November 3, 2013

CHAPTER TWENTY: Natasha No-Show


          The next morning, I dropped off the #eviction petition with the Schemmerhorn Court Clerk, and swung by the house to collect the letter from Miz James complaining about Natasha.  I left a curt note on Natasha's door, telling her the time and date that the pest-control people were coming.  She was nowhere to be seen. Probably avoiding Wim, who was at that moment fixing her front door.
As I was leaving, a young man in a pick-up truck pulled up next door.  I stopped and asked him if he was the witness to the gun-toting characters seen entering my house the other day.  He said he was indeed, introduced himself as Dave, and invited me in to where he was working on the upstairs #apartment. 
He then proceeded to tell me his life story.  Apparently, he had fathered a baby, and his ex-girlfriend was soaking him for child support. Although a self-proclaimed, brilliant but as-yet-undiscovered musician, he was currently penniless and was being paid for his work with time in his boss's recording studio. 
Dave was two inches shorter than I, closely resembled a weasel, and smoked incessantly.  Definitely not my type.  He also spent more time coming on to me than telling me anything really useful.  In between fending off his advances and surreptitiously trying to wave the cigarette smoke away without offending him, I did however manage to get the approximate date and time that he had spied the gun-toters, as well as his address and phone number, willingly given.  Then I turned down his request for a date and gladly escaped outside to cleaner air and my car.
The City Court Clerk called me at work on October 28th to tell me that my court date was scheduled for November 10th.  Miz James was glad to hear that we didn’t have to wait long.  She intended to come along to Court too. 
The call from the court stoked the fires smoldering in my brain, and after fuming for a while, I felt I had to vent my anger somehow. 
So I did. 
On paper. 
In the form of a letter to the #Social #Services Commissioner, with a carbon copy to a Mr. Catcher in #Fraud and #Investigations, the department responsible for paying #landlord damage claims against #D.S.S. #tenants.
The next thirteen days until the hearing dragged on as before, with regular complaints of noise blaring from Natasha's apartment being phoned in to the #police by both the downstairs and next-door #neighbors. 
I, meanwhile, continued to gather ammunition by filing a Freedom of Information request for copies of police records for 51 Manson Street, dating back to when I bought the house.  The records were ready the day before the hearing, and Wim picked them up from City Hall for me.
On November 10th, armed and ready, I stalked into the courtroom at ten o'clock in the morning. Wim and Miz James stalked along behind me.
No sign of Natasha.
Our case was called about twenty minutes later. 
Still no Natasha. 
The #judge, a portly, middle-aged Giuseppe Grazziano, wrinkled his swarthy brow, twirled one end of his luxuriant moustache with a fat finger, and pondered the matter. 
"I'll hear your case last," he declared.  "If the respondent hasn't appeared by then, I'll grant a default."
We sat through a few more cases, and then Miz James had to leave, disappointed that she hadn't got to see any action.  It must have been hell for her.
Just as the judge was banging his gavel at the end of the last case, his clerk received a phone call and whispered something in the judge's ear.  
Judge Grazziano slapped his large, ham-like hands on his desk top and heaved himself to his feet. 
"We've found your tenant," he announced.  "She couldn't appear here because she's currently being held across the street in Police Court."
He conferred for a moment with the stenographer and then turned back to us. 
"We'll go over to Police Court.  They'll lend us a courtroom there."
We trailed across the street after Judge Grazziano's flapping black robes, the stenographer trudging along behind, lugging her stenograph machine.  Thus, we descended on the police station, wherein was situated Police Court.  We were shown into a small courtroom. 
A few minutes later Natasha appeared, escorted by a policewoman, who stayed watchfully nearby.
Judge Grazziano seated himself on his borrowed throne and read my petition out loud.  Then he turned to Natasha. 
"Well?  What have you got to say for yourself?"
"It’s not all true," Natasha mumbled sullenly, eyes averted.  "I got no place to go.  I got me three keeds."
"Your Honor?" I broke in - I’d always wanted to say that line, like they do in my favorite T.V. lawyer shows - "Natasha’s children have been taken away from her by Child Protective.  She doesn't have them with her anymore."
"Hmm.  Can you find an apartment by the end of the month?" the judge asked Natasha.
"Yeah, s'pose," she admitted in a resigned tone.
Judge Grazziano looked to me.  "Will you agree to let her stay until the end of the month?"
"Yeah, I suppose," I said in turn.  "But that's three weeks away.  She's going to keep on having loud parties and upsetting the neighbors, and –"
"Okay, okay," the judge broke in.  "Natasha, I'm ordering you to refrain from causing any further disturbances at your apartment from now until you move.  Is that clear?"
"Yeah," Natasha drawled, eyes still averted.
"Right.  Respondent ordered to be out by November thirtieth.  Petitioner to compose an Order to that effect for my signature." 
Bang!  The gavel came down.
"Thank you, Your Honor," I said.
As Natasha passed by with her escort, I asked her about paying me her share of the rent for November.
"Yo wan' it, yo come git it," she growled, glowering at me from under her brows.
"Fine," I said, fully intending to stay away from Manson Street until Natasha had moved out. 
"Oh, well, it's only a few bucks," I sighed to Wim as we drove home.
We were just getting ready for bed that night, when Miz James rang. 
"Did Natasha show up?" she demanded.
I told her what had transpired that morning after she left the courtroom. 
"I think Natasha's in jail right now," I assured her, "so it should be peaceful for a while."
"What’s that?" Miz James panted.  "Then there's a whole lotta people partyin' upstairs without her."
"What!" I exclaimed.  "I don't believe it!  Call the cops and let me know what happens."
Miz James gave one last huff and hung up.
The next day, I called Judge Grazziano's chambers and told the clerk that Natasha had instantly disobeyed the judge's Order.  The clerk promised to relay this to the judge and told me she would take care of setting up another court date for Natasha's eviction.
Just about every other day or night, Miz James called to report that a bunch of people were raising hell overhead, with or without Natasha. 
One morning, I decided to go up there to see for myself what was going on.
My trusty Dutch bodyguard at my side, I entered Natasha's apartment at about nine a.m.  The stench of garbage was still overpowering, and cockroaches were still crawling everywhere.  In each of the three bedrooms, someone was sleeping on a mattress on the floor, beer and pot fumes providing ample explanation for their late rising. 
Wim marched into one bedroom.  I marched into another.
"Get out!" I yelled, ignominiously waking the slumberer from sleep.  "This is my house, and you have no right to be here.  I want you out.  Right now!"
Wim could also be heard saying words to that effect as he rousted out the occupants of the two back bedrooms.
Eventually, three dopey-eyed girls were blinking blearily in the hallway in various stages of undress. 
One of them showed signs of coming to life. 
"Why don't you do somethin' 'bout dem roaches?” She grunted.  “It's disgustin'.  What kind of landlor' are you?"
"Did I put those garbage bags there?" I screamed, gesturing wildly at the oozing black bags advancing ever further into the kitchen. 
"Now, get your stuff together, and get out!"
They snatched up a few belongings, and I shepherded the girls to the front door where they sullenly took their leave, grumbling to one another as they traipsed down the stairs.
A week later, Natasha and I were back in court.

Sunday, October 20, 2013

CHAPTER EIGHTEEN: . . . and Garbage Galore


There was no sign of impending removal from the #apartment. 
Wim was right; the place was an absolute mess, and there was food everywhere.
I gingerly picked up a paper plate that was lying upside-down on top of the fish tank.  Lots of disgusting #cockroaches scattered in all directions. 
Ugh! 
The paper plate had dried macaroni stuck to it.  I dropped it in a hurry.
The kitchen looked terrible.  The sink was full of dirty dishes encrusted with unidentifiable lumps; probably dried food, though it was difficult to tell because the lumps were hidden beneath a furry layer of whitish-turquoise mold. 
The stove was caked with its own crusty, burnt-on lumps and a layer of thick, brown grease. 
I didn't dare open the fridge or oven. 
An assortment of garments had been yanked half out of the washing machine and dryer.  More items of clothing were scattered all over the filthy floor or draped across the backs of chairs. 
The garbage bags on the back landing had increased in number and were now encroaching on the kitchen. Their suppurating contents were leaking out, so that each bag stood in its own little puddle of stinking liquid. 
The stench was palpable. 
 Cockroaches ambled about on every surface and wall, as if they had all the time in the world. 
I shivered in revulsion, suddenly experiencing a horrid, creepy sensation, as if the bugs were crawling all over me. 
Yuck!  I couldn’t wait to get out of there! 
"C'mon, Wim.  Let's leave," I said. 
He needed no encouragement.  Without further ado, we hot-footed it down the stairs.
Miz James was lying in wait on the front porch. 
"Found out something," she fussed importantly. 
"When Natasha weren't here, she were in jail.  Thas right.  J-A-I-L.  An' her kids have been taken away from her because she went to New York City one day and left them here alone.  Someone saw ’em wanderin’ the streets and called the cops."
I’d never met a real live jailbird before! 
"What was she in jail for?" I asked.
"Dunno," said Miz James, looking crestfallen that she hadn’t been able to discover this fact. 
However, she soon perked up again. 
"Apparently Natasha been inside a few times in the past coupla months.  Most likely for prostitution or drugs, I’d say.  That business still all goin' on.  People comin' an' goin'.  The guy working on the house next door told me he even saw some men comin’ in heah wit guns!"
"Ooh," I said.  "That's scary."
"Darn right, Stace.  You know there's a drug house down the street?  They found syringes.  I heard Natasha often took her kids there. 
"An’ that motel at the end of the street?  Well, most a their clee-on-tell are prostitutes and johns.  Don’t know if they got no air-conditioning there, or they don’ ’ave no more vacancies, but quite a few a those prostitutes bring their johns past here to the graveyard.  I bet you a lotta kinky sex goes on behind those gravestones, whoo-eey!”
Miz James blew a gusty sigh of disgust. 
“What kinda place is this to bring kids up in, you know?  This neighborhood . . . I tell you!”
Shaking her head, she went back into her apartment and slammed the door.
The next day, I was sitting in my office, chewing over the wording of a #City #Court #petition for #eviction, when Miz James phoned.
"Natasha returned a few minutes after you left yesterday," she panted.  "Think you'd better get over here."
"Why?"
"Got a notice for you from the #Code #Enforcement Office.  They giving you seventy-two hours to #fumigate the house and exterminate these 'roaches.  Natasha must a reported you to the authorities."
"Great," I sighed.  "She's retaliating because of the three-day notice I gave her.  She should be responsible for paying for the #exterminators.  Not me."
I called Schemmerhorn’s #building #inspector and explained the situation to him. 
He could see where I was coming from.  After all, he probably saw this kind of thing every day. 
I told him I was in the process of evicting my upstairs tenant and asked if the extermination could wait until after Natasha had vacated the premises.
"After all, what's the point in doing it now if she's still living there, making the same mess and inviting more infestation?" I suggested. 
A reasonable request, I thought.
 A young, go-ahead-sounding Mr. Bray sounded sympathetic.
“I agree," he said. "If it wasn’t so bad, I could let it wait until your tenant moved out.  However, I inspected the place myself, and it's one of the worst cockroach infestations I've ever seen.  I mean, I’ve seen a lot of them, and this?  This . . . is . . . bad!  You really have to deal with it immediately."
 I had been growing steadily more upset as I listened to Mr. Bray.  It just wasn’t fair!
"According to the lease, Natasha's supposed to keep the apartment clean and pay for any pest control herself if the #infestation is her fault," I tried.
Mr. Bray laughed incredulously. 
"Good luck with that!  I doubt you'll ever get the money from her.  No, really, you gotta get this done now, within three days, and show us proof that a reputable company has performed the extermination.  Otherwise, we'll appoint a company on your behalf and send you the bill. 
“And as far as your tenant continuing to create the filthy conditions that brought the cockroaches in in the first place?  Well, she's probably gonna keep right on doing that til she moves.  You'll just have to keep exterminating every month until she's gone.  Probably long afterwards, too.  'Roaches are very hard to get rid of." 
By this time I was practically sobbing.  I felt an intense hatred toward Natasha at that moment.
After we said goodbye, I sniffed hard and tried to compose myself enough to return to my desk. 
One of the law partners, a portly gentleman named Larry, tried to comfort me and offered to call the building inspector himself. 
I declined.  It wouldn’t be any use.  His hands were tied.
I looked in the Yellow Pages and called some #pest #control companies.  Apparently the whole #house would have to be #fumigated, and it would require three or more follow-up visits to get a good handle on the #extermination process. 
The least expensive company I could find was an outfit called Greatest Pest Control.  They charged $96.30 for the initial visit and $42.80 for each follow-up. 
Wincing at the cost, I arranged with Greatest Pest Control to provide the service and faxed proof of their hiring to the Schemmerhorn Code Enforcement Bureau.
Then I phoned Miz James and Natasha to let them know that the exterminators were scheduled for the twenty-ninth of that month. 
While I had Miz James on the phone, I asked her to write a letter "To Whom it May Concern," stating that I was a good #landlord and Natasha was a bad #tenant. 
I wanted to gather as much ammunition as I could to take with me to Court.