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CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 1 of 2 Trans ID: LCV2018140089
BARNES LAW GROUP, LLC
Jeffrey P. Barnes, Esquire
ID No.: 005721997
111 East 17" Street, Suite 100
North Wildwood, New Jersey 08260
Telephone: (609) 522-7530
Facsimile: (609) 522-7532
Attorney for Defendants,
Fabio Pawlus and Claudio Pawlus
ROBBINS NEST PLAZA COMMECIAL SUPERIOR COURT OF NEW JERSEY,
CONDOMINIUM, LAW DIVISION
CAPE MAY COUNTY
Plaintiff,
Docket No.: CPM-L-220-17
Vv.
CIVIL ACTION
FABIO PAWLUS and CLAUDIO
PAWLUS, NOTICE OF MOTION TO
VACATE DEFAULT JUDGMENT
Defendants.
TO Laurie E. Doran, Esquire
1121 Route 47 South, Suite 4
Rio Grande, NJ 08242
Attorney for the Plaintiff,
Robins Nest Plaza Commercial Condominium
PLEASE TAKE NOTICE THAT, that the undersigned, Jeffrey P. Barnes, of the Barnes
Law Group, LLC, attorneys for the Defendants, Fabio Pawlus and Claudio Pawlus, shall apply to
the above-named Court located at 9 North Main Street, Cape May Court House, New Jersey, on
January 5, 2018 at 9:00 A.M., for the Entry of an Order of Vacating a Default Judgment against
the Defendants and granting other relief deemed necessary by the discretion of the Court.
Reliance shall be placed upon the attached Certification of Jeffrey P. Barnes, Esquire,
Certification of Fabio Pawlus, and Brief.
Pursuant to R. 1:6-2(d), the undersigned requests oral argument.
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 2 of 2 Trans ID: LCV2018140089
A proposed form of Order is annexed.
BARNES LAW GROUP, LLC
DATED: January 16, 2018 By
Jas
Cc
Jeffre Barnes, Esquire
Attorney for Defendants,
Fabio Pawlus and Claudio Pawlus
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 1 of 2 Trans ID: LCV2018140089
BARNES LAW GROUP, LLC
Jeffrey P. Barnes, Esquire
ID No.: 005721997
111 East 17" Street, Suite 100
North Wildwood, New Jersey 08260
Telephone: (609) 522-7530
Facsimile: (609) 522-7532
Attorney for Defendants,
Fabio Pawlus and Claudio Pawlus
ROBBINS NEST PLAZA COMMECIAL SUPERIOR COURT OF NEW JERSEY. >
CONDOMINIUM, LAW DIVISION
CAPE MAY COUNTY
Plaintiff,
Docket No.: CPM-L-220-17
V.
CIVIL ACTION
FABIO PAWLUS and CLAUDIO
PAWLUS, ORDER
Defendants.
THIS MATTER, having come before the Court by way of Notice of Motion to Vacate a
Default Judgment under R. 4:50-1(a), which was filed by the undersigned, Jeffrey P. Barnes,
Esquire, of the law firm Barnes Law Group, LLC, attorneys for the Defendants, Fabio Pawlus
and Claudio Pawlus, and Laurie E. Doran, Esquire, attorney for the Plaintiff, Robbins Nest Plaza
Commercial Condominium; and the Court having considered the submissions of the parties; and
for good cause shown;
IT IS on this day of February, 2018 ORDERED AND ADJUDGED that the
Default Judgment entered against the Defendants, Fabio Pawlus and Claudio Pawlus, is hereby
vacated under R. 4:50-1(a);
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 2 of 2 Trans ID: LCV2018140089
IT IS FURTHER ORDERED that the Defendants are granted leave to file an Answer,
Separate Defenses, and Counterclaim in the form previously submitted by the Defendants under
Exhibit “A” of this Order; and
IT IS FURTHER ORDERED that Defendants’ Answer, Separate Defenses, and
Counterclaim are to filed within days of the date of this Order; and
IT IS FURTHER ORDERED that a copy of said Order shall be served upon all counsel
within days of the date of this Order.
TSC.
( )— Opposed
( )— Unopposed
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 1 of 4 Trans ID: LCV2018140089
BARNES LAW GROUP, LLC
Jeffrey P. Barnes, Esquire
ID No.: 005721997
111 East 17" Street, Suite 100
North Wildwood, New Jersey 08260
Telephone: (609) 522-7530
Facsimile: (609) 522-7532
Attorney for Defendants,
Fabio Pawlus and Claudio Pawlus
ROBBINS NEST PLAZA COMMECIAL SUPERIOR COURT OF NEW JERSEY,
CONDOMINIUM, LAW DIVISION
CAPE MAY COUNTY
Plaintiff,
Docket No.: CPM-L-220-17
Vv.
CIVIL ACTION
FABIO PAWLUS and CLAUDIO
PAWLUS, CERTIFICATION OF FABIO PAWLUS
Defendants.
I, Fabio Pawlus, of full age, do hereby certify as follows:
1 I am a Defendant in the above-captioned matter and as such I am fully familiar
with the facts on
2 I, along with my brother Claudio Pawlus, am the owner of Suites 1 and 2 within
the Robins Nest Plaza Commercial Condominium located at 1121 Route 47 South in Rio
Grande, New Jersey. We just leased out the premises to a tenant to operate the units as Family
Hair Salon. The units sat vacant for many months and was finally rented on the condition that
the rent was discounted, the signage was fixed, lighting was improved, and parking lines were
painted.
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 2 of 4 Trans ID: LCV2018140089
3 The instant matter is an action for the collection of condominium assessments,
interest, and attorneys’ fees by the Plaintiff, Robbins Nest Plaza Commercial Condominium
(hereinafter “Association”).
4 I make this Certification in support of the Motion to Vacate the Default Judgment
and for leave to file an Answer, Separate Defenses, and Counterclaim.
5 On or about July 6, 2017, I had received a Summons and Complaint regarding this
matter. I thereafter forwarded the same to my legal counsel, Jeffrey P. Barnes, Esquire, who has
represented me through numerous transactional and real estate matters for over a decade.
6 In discussing the matter with legal counsel, I had brought to the attention of my
attorney of my several concerns regarding the operation and management of the Association. I
had explained how certain repairs to the common elements were not being made, there were
problems with the parking, lighting, signage, the maintenance and up-keep of the building and
other utilities. See Photographs of Exterior annexed hereto as Exhibit “A”.
7 As a landlord, I would often get in disputes with my tenants regarding problems
with the unit and they would often seek to reduce their rental payments. See Letter from Tenant
regarding Rent Reduction annexed hereto as Exhibit “B”.
8 Naturally, my tenants would have problems with customer relations if the salon
looked closed due to the lack of lighting and signage. Often I would have to address some of
these problems by paying for repairs on my own. See Invoice for Sign Repairs and Photo of Sign
annexed hereto as Exhibit “C”.
9. I had shortly thereafter received a retainer agreement for this matter from Mr.
Barnes. However, I had inadvertently did not sign it and return it to Mr. Barnes. I had retained
Mr. Barnes for numerous legal matters through the years. However, while I have often received
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 3 of 4 Trans ID: LCV2018140089
retainer agreements from Mr. Barnes, there were instances where Mr. Barnes performed legal
work on my behalf without me executing a retainer agreement. There were also numerous real
estate transactions wherein I would seek initial advice from Mr. Barnes, but I would proceed with
the transaction without legal counsel. At this time, given that the Complaint had to be answered
within a certain time, I had inadvertently assumed that Mr. Barnes was going to begin answering
the Complaint or try to resolve the matter with the Association’s legal counsel and signing the
retainer agreement simply slipped my mind.
10. I did not give any thought to the Association’s Complaint as I thought Mr. Barnes
was taking care of the matter. Consequently, I was taken by surprise when I had received the
Association’s Request for a Default Judgment. I had thereafter contacted Mr. Barnes and we
both realized that we had misunderstood our expectations. While I had assumed Mr. Barnes was
working on the matter, he had thought that I had tried to independently resolve the matter
11. In discussing this matter with Mr. Barnes, I confirmed with him I wanted to
proceed in contesting the litigation and pursuing certain counterclaims regarding the operation of
the condominium association.
12. I would further add that my claims against the Association are substantial and
legitimate. Upon reviewing the Association’s claimed damages, the Association is seeking to
Tecover assessments that predate July of 2011 and extend as far back as 2007. As the Complaint
was filed in July of 2017, a portion of the claimed assessments, as well as the interest attacked to
it, are beyond the six (6) year period of the statute of limitations pertaining to claims on a
contract.
13. Furthermore, myself and my brother have made multiple requests to the
Association for repairs to be made the common elements and asked for a breakdown of the
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 4 of 4 Trans ID: LCV2018140089
condominium association’s budget and balance sheet. Despite these requests, the Association
has ignored my requests and failed to make the necessary repairs to the common elements.
These damages also impair the commercial usefulness of the units. Accordingly, I have damages
that stem from the Association’s inaction and would be entitled to an offset or credit against the
Association’s Complaint.
14, For the aforementioned reasons, I respectfully submit to the Court that I entitled to
relief under R. 4:50-1 that would vacate the Plaintiff's Default Judgment. The failure to answer
the Complaint was solely due to inadvertence and mistake through the miscommunication and
misunderstanding between myself and my legal counsel. Furthermore, I submit that I present a
meritorious defense and counterclaim to the Association’s Complaint.
Thereby certify that the foregoing statements made by me are true. I am aware that if any
of the foregoing statements made by me are willfully false, I am subject to punishment.
DATED: January 16, 2018 py) a)
Fabio Bawls
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 1 of 6 Trans ID: LCV2018140089
BARNES LAW GROUP, LLC
Jeffrey P. Barnes, Esquire
ID No.: 005721997
111 East 17" Street, Suite 100
North Wildwood, New Jersey 08260
Telephone: (609) 729-5250
Facsimile: (609) 522-7532
Attorney for the Defendants,
Fabio Pawlus and Claudio Pawlus
SUPERIOR COURT OF NEW JERSEY,
ROBBINS NEST PLAZA COMMECIAL LAW DIVISION
CONDOMINIUM, CAPE COUNTY
Plaintiff, Docket No.:
Vv. CIVIL ACTION
FABIO PAWLUS and CLAUDIO BRIEF IN SUPPORT OF MOTION TO
PAWLUS, VACATE DEFAULT JUDGMENT
Defendants.
FACTUAL ALLEGATIONS
The Robbins Nest Plaza Commercial Condominium (hereinafter “Association”), is a
condominium association organized under the Laws of New Jersey and located at 1121 Route 47
South in Rio Grande, New Jersey. The Defendants, Fabio Pawlus and Claudio Pawlus
(hereinafter “Defendants”), are the owners of Suites 1 and 2 within the Association and are the
owners of Color Me Crazy Family Hair Salon. The instant litigation by the Association seeks to
collect from the Defendants accumulated arrears in condominium assessments dating from July
of 2007 in the amount of $29,785.74, as well as interest in the amount of $9,139.92, and
attorney’s fees in the amount of $7,785.13.
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 2 of 6 Trans ID: LCV2018140089
The Association filed its Complaint in July of 2017. On or about July 6, 2017, the
Defendants forwarded a copy of the Summons and Complaint to their legal counsel, Jeffrey P.
Barnes, Esquire.
Defendants’ legal counsel thereafter contacted the attorney for the Association, Laurie
Doran, Esquire, regarding the Complaint. The respective attorneys had a brief discussion
regarding the litigation and the Defendants’ legal counsel had assurances that the Association
would not file a default or at least contact opposing counsel first. See Certification of Jeffrey P.
Barnes, Esquire.
The Defendants were sent a retainer agreement. However, due to an inadvertent
miscommunication between the Defendants and legal counsel, the retainer agreement was
unexecuted for this matter. See Certification of Jeffrey P. Barnes. See Certification of Fabio
Pawlus. Without receiving the executed retainer agreement, legal counsel presumed that the
Defendants were resolving the matter on their own. However, the Defendants, given some
aspects of their prior relationship with legal counsel, assumed that the matter was being handled.
Furthermore, legal counsel inadvertently presumed that if the matter was not being
resolved, he would hear back from opposing counsel. See Certification of Jeffrey P. Barnes
Esquire.
Legal counsel was unaware that the Association’s Complaint against the Defendants was
unresolved up until the time he was forwarded a copy of the Association’s Request for a Default
Judgment. At this time, the Defendants and legal counsel understood that there was an
inadvertent mistake in misunderstanding their communications.
Furthermore, the Defendants have valid defenses to the claim for the assessments
allegedly due, as approximately $13,000.00 of assessments predates the filing date of the
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 3 of 6 Trans ID: LCV2018140089
Complaint by more than six (6) years. litigation and pursuing certain counterclaims regarding the
operation of the condominium association.
Furthermore, the Defendants have made multiple requests to the Association for repairs
to be made the common elements. Despite these requests, the Association has ignored the
requests of the Defendants, failed to make the necessary repairs to the common elements, have
impaired the commercial utility of the Defendants’ units, and necessitated the Defendants to
make repairs at their own expenses. Accordingly, the Defendants have damages that stem from
the Association’s inaction and would be entitled to an offset or credit against the Association’s
Complaint.
LEGAL ARGUMENT
It is generally recognized that the requirements for setting aside a default judgment under
R. 4:50-1 are more stringent than the "good cause" standard for setting aside an entry of default
under R. 4:43-3, See, e.g., O'Connor v. Abraham Altus, 67 N.J. 106, 129 (1975). "[A] defendant
seeking to reopen a default judgment [because of excusable neglect] must show that the neglect
to answer was excusable under the circumstances and that he has a meritorious defense."
M ancini v. EDS, 132 N.J. 330, 334 (1993) (citing Morales v. Santiago, 217 N.J. Super. 496, 501,
(App.Div.1987)) (quoting Marder _v. Realty Construction Co. 84 N.J. Super. 313, 318
(App.Div.) affd, 43 N.J. 508 (1964)). For that reason, a judge should view “the opening of
default judgments . . with great liberality, and every reasonable ground for indulgence is
tolerated to the end that a just result is reached.” Marder v. Realty Constr. Co., supra, 319. The
trial court’s discretion should be guided by equitable principles in determining whether the
requested relief should be granted or denied. Hous. Auth. of Town of Morristown v. Little, 135
N.J. 274, 283 (1994); Hodgson v. Applegate, 31 N.J. 29, 37 (1959).
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 4 of 6 Trans ID: LCV2018140089
After reviewing the Certification of Fabio Pawlus and the Certification of Jeffrey P.
Barnes, Esquire, it seems rather clear that the failure to Answer the Association’s Compliant was
excusable based upon the fact that there was a miscommunication between the client and the
Barnes Law Group regarding the retention of legal services. See attached Certifications.
The Defendants’ legal counsel has handled numerous transactional and real estate matters
of varying complexity for the Defendants over the past decade. When served the Summons and
Complaint, the Defendant, Fabio Pawlus, contacted legal counsel to discuss the matter and the
potential counterclaims and defenses. Legal counsel shortly thereafter sent Mr. Pawlus a retainer
agreement. However, the nature of the manner of how legal services previously led to an
inadvertent miscommunication between legal counsel and the Defendants. As the Defendants’
legal counsel was well aware that the Defendants were businessmen that have often resolved
business and transaction disputes without legal counsel, legal counsel did not consider that it was
out of place for the Defendants not to have executed a retainer agreement. Legal counsel had
inadvertently presumed that the Defendants had reached out to the Association on their own and
tried to resolve the matter.
Moreover, the Defendants had inadvertently misunderstood that legal counsel expected
the retainer agreement to be signed prior to working on the litigation. In their prior experience
with Mr. Barnes, there were multiple occasions where legal counsel would begin providing legal
services on the file without the necessity of a retainer agreement and would simply send out a bill
when work was completed. Mr. Pawlus inadvertently assumed that once he had a conversation
with legal counsel, Mr. Barnes would be handling the matter by either answering the Complaint
or seeking a resolution to the litigation.
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In the instant matter, there clearly is a circumstance of mistake and inadvertence by the
Defendants and legal counsel. The failure to answer the Complaint was simply a result of
miscommunication by the Defendants and their attorney and not borne out of willful act to avoid
litigation.
Moreover, legal counsel also had a conversation with the Association’s attorney, Laurie
E. Doran, Esquire, regarding the litigation in August of 2017, shortly after discussing the
litigation with the Defendants. The conversation was amicable and was to address the
Defendants’ concerns and to see if there were potential avenues of resolution. However,
Defendants’ legal counsel specifically requested that the Plaintiff not default the Defendant or to
at least contact him before doing so. However, the Defendants’ legal counsel was not contacted
prior to a default request was filed. While the Defendants are not contending that this is a result
of any ill intention, it is to note to the Court the respective frame of mind in explaining why an
Answer was not filed.
The failure to file an Answer in response to the Condominium Association’s Summons
and Complaint was not a result of any willful malfeasance to frustrate the Condominium
Association, but a result of excusable neglect and the inadvertence of Gartner and
miscommunication with his attorneys. Thus, there is clearly good cause to permit the Court to
vacate the Defendant’s default pursuant to R. 4:50-1(a).
Furthermore, the Defendants present a meritorious defense to justify vacating the default
as they contend that the amount due as asserted by the Association should be reduced as the
Association seeks to collect fees beyond the six (6) year statute of limitations. The Complaint
was filed in July of 2017. However, in the annexed spreadsheet for its claim for damages, the
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Association seeks to collect assessments pre-dating July of 2011. Consequently, the amount due,
as well as interest and attorney’s fees, should be reduced.
However, even if it was argued by the Plaintiff that the complaints regarding the
management of the Association do not amount to a complete reduction in the amount allegedly
due, the Courts of New Jersey have recognized that a meritorious defense to a claim does not
need to be a complete rebuttal of the alleged damages, but can actually constitute a claim that the
amount due is less than the amount alleged. See Intek Auto Leasing v. Zetes Microtech Corp.,
268 N.J. Super. 426. However, not only do the Defendants assert that their damages reduce the
amount owed, but are able to present meritorious defenses to the application of the statute of
limitations. As such, the Defendants clearly present a meritorious defense that justifies the
vacation of default judgment.
CONCLUSION
In light of the foregoing, the Defendants respectfully request the Court to enter an Order
pursuant to R. 4:50-1(a) to vacate the Default Judgment entered in this matter and for leave
allowing the Defendants to file an Answer, Separate Defenses, and Counterclaim.
Respectfully Submitted,
BARNES LAW GROUP, LLC
y Io
January 16, 2018 =
By Jes P. Bares, Esquire
Attorney for the Defendants,
Fabio Pawlus and Claudio Pawlus
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 1 of 4 Trans ID: LCV2018140089
BARNES LAW GROUP, LLC
Jeffrey P. Barnes, Esquire
ID No.: 005721997
111 East 17" Street, Suite 100
North Wildwood, New Jersey 08260
Telephone: (609) 522-7530
Facsimile: (609) 522-7532
Attorney for Defendants,
Fabio Pawlus and Claudio Pawlus
ROBBINS NEST PLAZA COMMECIAL SUPERIOR COURT OF NEW JERSEY,
CONDOMINIUM, LAW DIVISION
CAPE MAY COUNTY
Plaintiff,
Docket No.: CPM-L-220-17
Vv.
CIVIL ACTION
FABIO PAWLUS and CLAUDIO
PAWLUS, ATTORNEY CERTIFICATION
Defendants.
I, Jeffrey P. Barnes, Esquire, of full age, do hereby certify as follows:
1 I am the managing partner of the Barnes Law Group, LLC, attorney for the
Defendants, Fabio Pawlus and Claudio Pawlus, and as such I am fully familiar with the facts
herein.
2 The within matter is an action for the collection of condominium assessments,
interest, and attorneys’ fees from the Defendants as they are members of the Plaintiff
condominium association, Robbins Nest Plaza Commercial Condominium. They are owners of
Suites 1 and 2 within the Plaza, which is the location of Meraki Hair Salon. My clients are the
landlords to the business.
3 I make this Certification in support of the Motion to Vacate the Default Judgment
and to allow the Defendants to file an Answer, Separate Defenses, and Counterclaim.
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 2 of 4 Trans ID: LCV2018140089
4 On or about July 6, 2017, my client, Fabio Pawlus, forwarded me a copy of the
Summons and Complaint for the instant matter.
5 I shortly thereafter contacted the attorney for the Association, Laurie Doran,
Esquire, regarding the Complaint. I had expressed my clients’ concerns regarding the
management of the Association and the deterioration of the common elements. We also spoke
about attempting to resolve the matter so further litigation would not be necessary and I had
requested that the Association not file a default or at least contact me prior to requesting a default
from the Court.
6. I had sent my client a retainer agreement for this matter, with the expectation that
it would be executed before I began working on the file beyond preliminary conversation.
However, I did not receive a copy back from Mr. Pawlus.
7 I have represented Mr. Pawlus for over a decade in various real estate, business,
and transactional matters. During this time, it was customarily my behavior that I would send
Mr. Pawlus retainer agreements for different matters. However, there were often many instances
that I would provide legal services on his behalf before receiving a signed retainer agreement and
simply bill Mr. Pawlus at a later time.
8 Furthermore, there were other times wherein Mr. Pawlus would seek my initial
legal counsel, but then proceed on a transaction without legal assistance.
9. When I did not receive an executed retainer agreement from Mr. Pawlus, I
inadvertently assumed that Mr. Pawlus had attempted to resolve the dispute with the Association
on his own as opposed to proceeding with litigation. Furthermore, as I understood my
conversation with Ms. Doran that the Association would not request a default against my client
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 3 of 4 Trans ID: LCV2018140089
until after contacting me, I had anticipated a worst case scenario that if Mr. Pawlus did not
resolve it on his own, I would at least hear back from Ms. Doran.
10. Nevertheless, I remained unaware that the Association’s Complaint against Mr.
Pawlus was unresolved up until the time I was forwarded a copy of the Association’s Request for
a Default Judgment from my client.
11. Upon receiving the Request for Default Judgment, I learned that my client was
under the assumption that I was handling the matter despite him not returning to me a signed
retainer agreement.
12. In discussing with my client the Request for Default Judgment, I had affirmed that
my client wanted to proceed in contesting the litigation and pursuing certain counterclaims
regarding the operation of the condominium association.
13. The legal defenses and counterclaims to the Association’s Complaint are real and
substantive. Upon reviewing the Association’s claimed damages, the Association is seeking to
recover assessments that predate July of 2011 and extend as far back as 2007. As the Complaint
was filed in July of 2017, a portion of the claimed assessments, as well as the interest attacked to
it, are beyond the six (6) year period of the statute of limitations pertaining to claims on a
contract.
14. Furthermore, my client contends that he and his brother have made multiple
requests to the Association for repairs to be made the common elements and for disclosure of the
income and expenses e complex. Despite these requests, the Association has ignored my
clients’ requests and failed to make the necessary repairs to the common. These damages also
impair the commercial usefulness of the units. This impairment has required my clients to make
repairs and improvements on their own and at their own exxexpense. Accordingly, my clients
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 4 of 4 Trans ID: LCV2018140089
have damages that stem from the Association’s inaction and would be entitled to an offset or
credit against the Association’s Complaint.
15, For the aforementioned reasons, the Defendants are entitled to relief under R.
4:50-1 that would vacate the Plaintiff's Default Judgment. The failure to answer the Complaint
was solely due to inadvertence and mistake through the miscommunication and
misunderstanding between myself and my clients. Furthermore, my clients present a meritorious
defense and counterclaim to the Association’s Complaint.
I hereby certify that the foregoing statements made by me are true. I am aware that if any
of the foregoing statements made by me are willfully false, I am subject to punishment.
DATED: January 16, 2018 By
Vy?ee
‘ Jefirey P. Barnes, Esquire
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 1 of 8 Trans ID: LCV2018140089
EXHIBIT “B”
Rent Reduction
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 2 of 8 Trans ID: LCV2018140089
----- Forwarded Message sues
From: debpawlus0504@outlook.com
To: fabiopawlus@rocketmail.com
Sent: Monday, November 27, 2017, 9:05:04 AM EST
Subject: Robbins Nest Plaza
Fabio,
Thank you for the opportunity you gave us in renting a unit at the Robbins Nest Plaza. We are loving the new Salon
Meraki!
| do appreciate the reduction in rent due to the fact that the complex really does need some TLC.
| did want to bring to your attention that we took care of the some of the outdoor cosmetic issues in front of our salon. We
do want the appearance of our salon to beautiful when our clients drive up.
| did match up the paint to the trim of the building and painted it myself. | have enclosed some pictures to show how great
it looks. The before and after pictures are amazing! We would love it if everyone would take the time to make their units
looks better.
| also bought parking lot line paint and painted the lines. It was impossible to see where the spots were. As you can see
by the pictures..it not only helps the clients park but it freshens up the lot by making it look cleaner.
It would be nice if the exterior would be fixed up a bit. The siding and trim really look beat up. (Enclosed are pictures to
show this). Some of the exterior lights do not work or they are just rusty. The exterior street sign is rusted from the ground
up.
Any help you can provide in making the plaza look better would be greatly appreciated!
We do want to thank you for fixing the street sign. It looks great! It makes it more appealing from the street to see a pretty
plaza sign.
CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 3 of 8 Trans ID: LCV2018140089
Also, the landscaping always is kept nice. ©
Thanks for you
help al
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CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 1 of 2 Trans ID: LCV2018140089 BARNES LAW GROUP, LLC Jeffrey P. Barnes, Esquire ID No.: 005721997 111 East 17" Street, Suite 100 North Wildwood, New Jersey 08260 Telephone: (609) 522-7530 Facsimile: (609) 522-7532 Attorney for Defendants, Fabio Pawlus and Claudio Pawlus ROBBINS NEST PLAZA COMMECIAL SUPERIOR COURT OF NEW JERSEY, CONDOMINIUM, LAW DIVISION CAPE MAY COUNTY Plaintiff, Docket No.: CPM-L-220-17 Vv. CIVIL ACTION FABIO PAWLUS and CLAUDIO PAWLUS, NOTICE OF MOTION TO VACATE DEFAULT JUDGMENT Defendants. TO Laurie E. Doran, Esquire 1121 Route 47 South, Suite 4 Rio Grande, NJ 08242 Attorney for the Plaintiff, Robins Nest Plaza Commercial Condominium PLEASE TAKE NOTICE THAT, that the undersigned, Jeffrey P. Barnes, of the Barnes Law Group, LLC, attorneys for the Defendants, Fabio Pawlus and Claudio Pawlus, shall apply to the above-named Court located at 9 North Main Street, Cape May Court House, New Jersey, on January 5, 2018 at 9:00 A.M., for the Entry of an Order of Vacating a Default Judgment against the Defendants and granting other relief deemed necessary by the discretion of the Court. Reliance shall be placed upon the attached Certification of Jeffrey P. Barnes, Esquire, Certification of Fabio Pawlus, and Brief. Pursuant to R. 1:6-2(d), the undersigned requests oral argument. CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 2 of 2 Trans ID: LCV2018140089 A proposed form of Order is annexed. BARNES LAW GROUP, LLC DATED: January 16, 2018 By Jas Cc Jeffre Barnes, Esquire Attorney for Defendants, Fabio Pawlus and Claudio Pawlus CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 1 of 2 Trans ID: LCV2018140089 BARNES LAW GROUP, LLC Jeffrey P. Barnes, Esquire ID No.: 005721997 111 East 17" Street, Suite 100 North Wildwood, New Jersey 08260 Telephone: (609) 522-7530 Facsimile: (609) 522-7532 Attorney for Defendants, Fabio Pawlus and Claudio Pawlus ROBBINS NEST PLAZA COMMECIAL SUPERIOR COURT OF NEW JERSEY. > CONDOMINIUM, LAW DIVISION CAPE MAY COUNTY Plaintiff, Docket No.: CPM-L-220-17 V. CIVIL ACTION FABIO PAWLUS and CLAUDIO PAWLUS, ORDER Defendants. THIS MATTER, having come before the Court by way of Notice of Motion to Vacate a Default Judgment under R. 4:50-1(a), which was filed by the undersigned, Jeffrey P. Barnes, Esquire, of the law firm Barnes Law Group, LLC, attorneys for the Defendants, Fabio Pawlus and Claudio Pawlus, and Laurie E. Doran, Esquire, attorney for the Plaintiff, Robbins Nest Plaza Commercial Condominium; and the Court having considered the submissions of the parties; and for good cause shown; IT IS on this day of February, 2018 ORDERED AND ADJUDGED that the Default Judgment entered against the Defendants, Fabio Pawlus and Claudio Pawlus, is hereby vacated under R. 4:50-1(a); CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 2 of 2 Trans ID: LCV2018140089 IT IS FURTHER ORDERED that the Defendants are granted leave to file an Answer, Separate Defenses, and Counterclaim in the form previously submitted by the Defendants under Exhibit “A” of this Order; and IT IS FURTHER ORDERED that Defendants’ Answer, Separate Defenses, and Counterclaim are to filed within days of the date of this Order; and IT IS FURTHER ORDERED that a copy of said Order shall be served upon all counsel within days of the date of this Order. TSC. ( )— Opposed ( )— Unopposed CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 1 of 4 Trans ID: LCV2018140089 BARNES LAW GROUP, LLC Jeffrey P. Barnes, Esquire ID No.: 005721997 111 East 17" Street, Suite 100 North Wildwood, New Jersey 08260 Telephone: (609) 522-7530 Facsimile: (609) 522-7532 Attorney for Defendants, Fabio Pawlus and Claudio Pawlus ROBBINS NEST PLAZA COMMECIAL SUPERIOR COURT OF NEW JERSEY, CONDOMINIUM, LAW DIVISION CAPE MAY COUNTY Plaintiff, Docket No.: CPM-L-220-17 Vv. CIVIL ACTION FABIO PAWLUS and CLAUDIO PAWLUS, CERTIFICATION OF FABIO PAWLUS Defendants. I, Fabio Pawlus, of full age, do hereby certify as follows: 1 I am a Defendant in the above-captioned matter and as such I am fully familiar with the facts on 2 I, along with my brother Claudio Pawlus, am the owner of Suites 1 and 2 within the Robins Nest Plaza Commercial Condominium located at 1121 Route 47 South in Rio Grande, New Jersey. We just leased out the premises to a tenant to operate the units as Family Hair Salon. The units sat vacant for many months and was finally rented on the condition that the rent was discounted, the signage was fixed, lighting was improved, and parking lines were painted. CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 2 of 4 Trans ID: LCV2018140089 3 The instant matter is an action for the collection of condominium assessments, interest, and attorneys’ fees by the Plaintiff, Robbins Nest Plaza Commercial Condominium (hereinafter “Association”). 4 I make this Certification in support of the Motion to Vacate the Default Judgment and for leave to file an Answer, Separate Defenses, and Counterclaim. 5 On or about July 6, 2017, I had received a Summons and Complaint regarding this matter. I thereafter forwarded the same to my legal counsel, Jeffrey P. Barnes, Esquire, who has represented me through numerous transactional and real estate matters for over a decade. 6 In discussing the matter with legal counsel, I had brought to the attention of my attorney of my several concerns regarding the operation and management of the Association. I had explained how certain repairs to the common elements were not being made, there were problems with the parking, lighting, signage, the maintenance and up-keep of the building and other utilities. See Photographs of Exterior annexed hereto as Exhibit “A”. 7 As a landlord, I would often get in disputes with my tenants regarding problems with the unit and they would often seek to reduce their rental payments. See Letter from Tenant regarding Rent Reduction annexed hereto as Exhibit “B”. 8 Naturally, my tenants would have problems with customer relations if the salon looked closed due to the lack of lighting and signage. Often I would have to address some of these problems by paying for repairs on my own. See Invoice for Sign Repairs and Photo of Sign annexed hereto as Exhibit “C”. 9. I had shortly thereafter received a retainer agreement for this matter from Mr. Barnes. However, I had inadvertently did not sign it and return it to Mr. Barnes. I had retained Mr. Barnes for numerous legal matters through the years. However, while I have often received CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 3 of 4 Trans ID: LCV2018140089 retainer agreements from Mr. Barnes, there were instances where Mr. Barnes performed legal work on my behalf without me executing a retainer agreement. There were also numerous real estate transactions wherein I would seek initial advice from Mr. Barnes, but I would proceed with the transaction without legal counsel. At this time, given that the Complaint had to be answered within a certain time, I had inadvertently assumed that Mr. Barnes was going to begin answering the Complaint or try to resolve the matter with the Association’s legal counsel and signing the retainer agreement simply slipped my mind. 10. I did not give any thought to the Association’s Complaint as I thought Mr. Barnes was taking care of the matter. Consequently, I was taken by surprise when I had received the Association’s Request for a Default Judgment. I had thereafter contacted Mr. Barnes and we both realized that we had misunderstood our expectations. While I had assumed Mr. Barnes was working on the matter, he had thought that I had tried to independently resolve the matter 11. In discussing this matter with Mr. Barnes, I confirmed with him I wanted to proceed in contesting the litigation and pursuing certain counterclaims regarding the operation of the condominium association. 12. I would further add that my claims against the Association are substantial and legitimate. Upon reviewing the Association’s claimed damages, the Association is seeking to Tecover assessments that predate July of 2011 and extend as far back as 2007. As the Complaint was filed in July of 2017, a portion of the claimed assessments, as well as the interest attacked to it, are beyond the six (6) year period of the statute of limitations pertaining to claims on a contract. 13. Furthermore, myself and my brother have made multiple requests to the Association for repairs to be made the common elements and asked for a breakdown of the CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 4 of 4 Trans ID: LCV2018140089 condominium association’s budget and balance sheet. Despite these requests, the Association has ignored my requests and failed to make the necessary repairs to the common elements. These damages also impair the commercial usefulness of the units. Accordingly, I have damages that stem from the Association’s inaction and would be entitled to an offset or credit against the Association’s Complaint. 14, For the aforementioned reasons, I respectfully submit to the Court that I entitled to relief under R. 4:50-1 that would vacate the Plaintiff's Default Judgment. The failure to answer the Complaint was solely due to inadvertence and mistake through the miscommunication and misunderstanding between myself and my legal counsel. Furthermore, I submit that I present a meritorious defense and counterclaim to the Association’s Complaint. Thereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. DATED: January 16, 2018 py) a) Fabio Bawls CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 1 of 6 Trans ID: LCV2018140089 BARNES LAW GROUP, LLC Jeffrey P. Barnes, Esquire ID No.: 005721997 111 East 17" Street, Suite 100 North Wildwood, New Jersey 08260 Telephone: (609) 729-5250 Facsimile: (609) 522-7532 Attorney for the Defendants, Fabio Pawlus and Claudio Pawlus SUPERIOR COURT OF NEW JERSEY, ROBBINS NEST PLAZA COMMECIAL LAW DIVISION CONDOMINIUM, CAPE COUNTY Plaintiff, Docket No.: Vv. CIVIL ACTION FABIO PAWLUS and CLAUDIO BRIEF IN SUPPORT OF MOTION TO PAWLUS, VACATE DEFAULT JUDGMENT Defendants. FACTUAL ALLEGATIONS The Robbins Nest Plaza Commercial Condominium (hereinafter “Association”), is a condominium association organized under the Laws of New Jersey and located at 1121 Route 47 South in Rio Grande, New Jersey. The Defendants, Fabio Pawlus and Claudio Pawlus (hereinafter “Defendants”), are the owners of Suites 1 and 2 within the Association and are the owners of Color Me Crazy Family Hair Salon. The instant litigation by the Association seeks to collect from the Defendants accumulated arrears in condominium assessments dating from July of 2007 in the amount of $29,785.74, as well as interest in the amount of $9,139.92, and attorney’s fees in the amount of $7,785.13. CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 2 of 6 Trans ID: LCV2018140089 The Association filed its Complaint in July of 2017. On or about July 6, 2017, the Defendants forwarded a copy of the Summons and Complaint to their legal counsel, Jeffrey P. Barnes, Esquire. Defendants’ legal counsel thereafter contacted the attorney for the Association, Laurie Doran, Esquire, regarding the Complaint. The respective attorneys had a brief discussion regarding the litigation and the Defendants’ legal counsel had assurances that the Association would not file a default or at least contact opposing counsel first. See Certification of Jeffrey P. Barnes, Esquire. The Defendants were sent a retainer agreement. However, due to an inadvertent miscommunication between the Defendants and legal counsel, the retainer agreement was unexecuted for this matter. See Certification of Jeffrey P. Barnes. See Certification of Fabio Pawlus. Without receiving the executed retainer agreement, legal counsel presumed that the Defendants were resolving the matter on their own. However, the Defendants, given some aspects of their prior relationship with legal counsel, assumed that the matter was being handled. Furthermore, legal counsel inadvertently presumed that if the matter was not being resolved, he would hear back from opposing counsel. See Certification of Jeffrey P. Barnes Esquire. Legal counsel was unaware that the Association’s Complaint against the Defendants was unresolved up until the time he was forwarded a copy of the Association’s Request for a Default Judgment. At this time, the Defendants and legal counsel understood that there was an inadvertent mistake in misunderstanding their communications. Furthermore, the Defendants have valid defenses to the claim for the assessments allegedly due, as approximately $13,000.00 of assessments predates the filing date of the CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 3 of 6 Trans ID: LCV2018140089 Complaint by more than six (6) years. litigation and pursuing certain counterclaims regarding the operation of the condominium association. Furthermore, the Defendants have made multiple requests to the Association for repairs to be made the common elements. Despite these requests, the Association has ignored the requests of the Defendants, failed to make the necessary repairs to the common elements, have impaired the commercial utility of the Defendants’ units, and necessitated the Defendants to make repairs at their own expenses. Accordingly, the Defendants have damages that stem from the Association’s inaction and would be entitled to an offset or credit against the Association’s Complaint. LEGAL ARGUMENT It is generally recognized that the requirements for setting aside a default judgment under R. 4:50-1 are more stringent than the "good cause" standard for setting aside an entry of default under R. 4:43-3, See, e.g., O'Connor v. Abraham Altus, 67 N.J. 106, 129 (1975). "[A] defendant seeking to reopen a default judgment [because of excusable neglect] must show that the neglect to answer was excusable under the circumstances and that he has a meritorious defense." M ancini v. EDS, 132 N.J. 330, 334 (1993) (citing Morales v. Santiago, 217 N.J. Super. 496, 501, (App.Div.1987)) (quoting Marder _v. Realty Construction Co. 84 N.J. Super. 313, 318 (App.Div.) affd, 43 N.J. 508 (1964)). For that reason, a judge should view “the opening of default judgments . . with great liberality, and every reasonable ground for indulgence is tolerated to the end that a just result is reached.” Marder v. Realty Constr. Co., supra, 319. The trial court’s discretion should be guided by equitable principles in determining whether the requested relief should be granted or denied. Hous. Auth. of Town of Morristown v. Little, 135 N.J. 274, 283 (1994); Hodgson v. Applegate, 31 N.J. 29, 37 (1959). CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 4 of 6 Trans ID: LCV2018140089 After reviewing the Certification of Fabio Pawlus and the Certification of Jeffrey P. Barnes, Esquire, it seems rather clear that the failure to Answer the Association’s Compliant was excusable based upon the fact that there was a miscommunication between the client and the Barnes Law Group regarding the retention of legal services. See attached Certifications. The Defendants’ legal counsel has handled numerous transactional and real estate matters of varying complexity for the Defendants over the past decade. When served the Summons and Complaint, the Defendant, Fabio Pawlus, contacted legal counsel to discuss the matter and the potential counterclaims and defenses. Legal counsel shortly thereafter sent Mr. Pawlus a retainer agreement. However, the nature of the manner of how legal services previously led to an inadvertent miscommunication between legal counsel and the Defendants. As the Defendants’ legal counsel was well aware that the Defendants were businessmen that have often resolved business and transaction disputes without legal counsel, legal counsel did not consider that it was out of place for the Defendants not to have executed a retainer agreement. Legal counsel had inadvertently presumed that the Defendants had reached out to the Association on their own and tried to resolve the matter. Moreover, the Defendants had inadvertently misunderstood that legal counsel expected the retainer agreement to be signed prior to working on the litigation. In their prior experience with Mr. Barnes, there were multiple occasions where legal counsel would begin providing legal services on the file without the necessity of a retainer agreement and would simply send out a bill when work was completed. Mr. Pawlus inadvertently assumed that once he had a conversation with legal counsel, Mr. Barnes would be handling the matter by either answering the Complaint or seeking a resolution to the litigation. CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 5 of 6 Trans ID: LCV2018140089 In the instant matter, there clearly is a circumstance of mistake and inadvertence by the Defendants and legal counsel. The failure to answer the Complaint was simply a result of miscommunication by the Defendants and their attorney and not borne out of willful act to avoid litigation. Moreover, legal counsel also had a conversation with the Association’s attorney, Laurie E. Doran, Esquire, regarding the litigation in August of 2017, shortly after discussing the litigation with the Defendants. The conversation was amicable and was to address the Defendants’ concerns and to see if there were potential avenues of resolution. However, Defendants’ legal counsel specifically requested that the Plaintiff not default the Defendant or to at least contact him before doing so. However, the Defendants’ legal counsel was not contacted prior to a default request was filed. While the Defendants are not contending that this is a result of any ill intention, it is to note to the Court the respective frame of mind in explaining why an Answer was not filed. The failure to file an Answer in response to the Condominium Association’s Summons and Complaint was not a result of any willful malfeasance to frustrate the Condominium Association, but a result of excusable neglect and the inadvertence of Gartner and miscommunication with his attorneys. Thus, there is clearly good cause to permit the Court to vacate the Defendant’s default pursuant to R. 4:50-1(a). Furthermore, the Defendants present a meritorious defense to justify vacating the default as they contend that the amount due as asserted by the Association should be reduced as the Association seeks to collect fees beyond the six (6) year statute of limitations. The Complaint was filed in July of 2017. However, in the annexed spreadsheet for its claim for damages, the CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 6 of 6 Trans ID: LCV2018140089 Association seeks to collect assessments pre-dating July of 2011. Consequently, the amount due, as well as interest and attorney’s fees, should be reduced. However, even if it was argued by the Plaintiff that the complaints regarding the management of the Association do not amount to a complete reduction in the amount allegedly due, the Courts of New Jersey have recognized that a meritorious defense to a claim does not need to be a complete rebuttal of the alleged damages, but can actually constitute a claim that the amount due is less than the amount alleged. See Intek Auto Leasing v. Zetes Microtech Corp., 268 N.J. Super. 426. However, not only do the Defendants assert that their damages reduce the amount owed, but are able to present meritorious defenses to the application of the statute of limitations. As such, the Defendants clearly present a meritorious defense that justifies the vacation of default judgment. CONCLUSION In light of the foregoing, the Defendants respectfully request the Court to enter an Order pursuant to R. 4:50-1(a) to vacate the Default Judgment entered in this matter and for leave allowing the Defendants to file an Answer, Separate Defenses, and Counterclaim. Respectfully Submitted, BARNES LAW GROUP, LLC y Io January 16, 2018 = By Jes P. Bares, Esquire Attorney for the Defendants, Fabio Pawlus and Claudio Pawlus CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 1 of 4 Trans ID: LCV2018140089 BARNES LAW GROUP, LLC Jeffrey P. Barnes, Esquire ID No.: 005721997 111 East 17" Street, Suite 100 North Wildwood, New Jersey 08260 Telephone: (609) 522-7530 Facsimile: (609) 522-7532 Attorney for Defendants, Fabio Pawlus and Claudio Pawlus ROBBINS NEST PLAZA COMMECIAL SUPERIOR COURT OF NEW JERSEY, CONDOMINIUM, LAW DIVISION CAPE MAY COUNTY Plaintiff, Docket No.: CPM-L-220-17 Vv. CIVIL ACTION FABIO PAWLUS and CLAUDIO PAWLUS, ATTORNEY CERTIFICATION Defendants. I, Jeffrey P. Barnes, Esquire, of full age, do hereby certify as follows: 1 I am the managing partner of the Barnes Law Group, LLC, attorney for the Defendants, Fabio Pawlus and Claudio Pawlus, and as such I am fully familiar with the facts herein. 2 The within matter is an action for the collection of condominium assessments, interest, and attorneys’ fees from the Defendants as they are members of the Plaintiff condominium association, Robbins Nest Plaza Commercial Condominium. They are owners of Suites 1 and 2 within the Plaza, which is the location of Meraki Hair Salon. My clients are the landlords to the business. 3 I make this Certification in support of the Motion to Vacate the Default Judgment and to allow the Defendants to file an Answer, Separate Defenses, and Counterclaim. CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 2 of 4 Trans ID: LCV2018140089 4 On or about July 6, 2017, my client, Fabio Pawlus, forwarded me a copy of the Summons and Complaint for the instant matter. 5 I shortly thereafter contacted the attorney for the Association, Laurie Doran, Esquire, regarding the Complaint. I had expressed my clients’ concerns regarding the management of the Association and the deterioration of the common elements. We also spoke about attempting to resolve the matter so further litigation would not be necessary and I had requested that the Association not file a default or at least contact me prior to requesting a default from the Court. 6. I had sent my client a retainer agreement for this matter, with the expectation that it would be executed before I began working on the file beyond preliminary conversation. However, I did not receive a copy back from Mr. Pawlus. 7 I have represented Mr. Pawlus for over a decade in various real estate, business, and transactional matters. During this time, it was customarily my behavior that I would send Mr. Pawlus retainer agreements for different matters. However, there were often many instances that I would provide legal services on his behalf before receiving a signed retainer agreement and simply bill Mr. Pawlus at a later time. 8 Furthermore, there were other times wherein Mr. Pawlus would seek my initial legal counsel, but then proceed on a transaction without legal assistance. 9. When I did not receive an executed retainer agreement from Mr. Pawlus, I inadvertently assumed that Mr. Pawlus had attempted to resolve the dispute with the Association on his own as opposed to proceeding with litigation. Furthermore, as I understood my conversation with Ms. Doran that the Association would not request a default against my client CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 3 of 4 Trans ID: LCV2018140089 until after contacting me, I had anticipated a worst case scenario that if Mr. Pawlus did not resolve it on his own, I would at least hear back from Ms. Doran. 10. Nevertheless, I remained unaware that the Association’s Complaint against Mr. Pawlus was unresolved up until the time I was forwarded a copy of the Association’s Request for a Default Judgment from my client. 11. Upon receiving the Request for Default Judgment, I learned that my client was under the assumption that I was handling the matter despite him not returning to me a signed retainer agreement. 12. In discussing with my client the Request for Default Judgment, I had affirmed that my client wanted to proceed in contesting the litigation and pursuing certain counterclaims regarding the operation of the condominium association. 13. The legal defenses and counterclaims to the Association’s Complaint are real and substantive. Upon reviewing the Association’s claimed damages, the Association is seeking to recover assessments that predate July of 2011 and extend as far back as 2007. As the Complaint was filed in July of 2017, a portion of the claimed assessments, as well as the interest attacked to it, are beyond the six (6) year period of the statute of limitations pertaining to claims on a contract. 14. Furthermore, my client contends that he and his brother have made multiple requests to the Association for repairs to be made the common elements and for disclosure of the income and expenses e complex. Despite these requests, the Association has ignored my clients’ requests and failed to make the necessary repairs to the common. These damages also impair the commercial usefulness of the units. This impairment has required my clients to make repairs and improvements on their own and at their own exxexpense. Accordingly, my clients CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 4 of 4 Trans ID: LCV2018140089 have damages that stem from the Association’s inaction and would be entitled to an offset or credit against the Association’s Complaint. 15, For the aforementioned reasons, the Defendants are entitled to relief under R. 4:50-1 that would vacate the Plaintiff's Default Judgment. The failure to answer the Complaint was solely due to inadvertence and mistake through the miscommunication and misunderstanding between myself and my clients. Furthermore, my clients present a meritorious defense and counterclaim to the Association’s Complaint. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. DATED: January 16, 2018 By Vy?ee ‘ Jefirey P. Barnes, Esquire CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 1 of 8 Trans ID: LCV2018140089 EXHIBIT “B” Rent Reduction CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 2 of 8 Trans ID: LCV2018140089 ----- Forwarded Message sues From: debpawlus0504@outlook.com To: fabiopawlus@rocketmail.com Sent: Monday, November 27, 2017, 9:05:04 AM EST Subject: Robbins Nest Plaza Fabio, Thank you for the opportunity you gave us in renting a unit at the Robbins Nest Plaza. We are loving the new Salon Meraki! | do appreciate the reduction in rent due to the fact that the complex really does need some TLC. | did want to bring to your attention that we took care of the some of the outdoor cosmetic issues in front of our salon. We do want the appearance of our salon to beautiful when our clients drive up. | did match up the paint to the trim of the building and painted it myself. | have enclosed some pictures to show how great it looks. The before and after pictures are amazing! We would love it if everyone would take the time to make their units looks better. | also bought parking lot line paint and painted the lines. It was impossible to see where the spots were. As you can see by the pictures..it not only helps the clients park but it freshens up the lot by making it look cleaner. It would be nice if the exterior would be fixed up a bit. The siding and trim really look beat up. (Enclosed are pictures to show this). Some of the exterior lights do not work or they are just rusty. The exterior street sign is rusted from the ground up. Any help you can provide in making the plaza look better would be greatly appreciated! We do want to thank you for fixing the street sign. It looks great! It makes it more appealing from the street to see a pretty plaza sign. CPM-L-000220-17 01/23/2018 2:15:19 PM Pg 3 of 8 Trans ID: LCV2018140089 Also, the landscaping always is kept nice. © Thanks for you help al ———— 2 yee’ », sy a - tr os 7 os ss eo =a ae Sat oa Sis os Re beat xe ee aoy eae ss ve pie Aes are 23 =| so ve) ri Shwe: tes Fors fs tay 3 4 o ge oy aay! Pe * eeee _ ee fe ae nat ne ier" @ neo Fine he is ens EMSgive FS Se ae st sit tk . soe ni pa oe mee ek oy eae voy e Ip. bd Sa Pe si Reag So ee fe <, Ne ry i % “ee os: eer ra 75tee ae 1.23 Ok os ‘i pa ae th is Sess he ei Epo) a és = Se we oe ee sate ee nM AY Re edn aoe is ri a8 aesa “< eeon ts onsf os a Fe is he ts a Sy iz i ey ie oe si os a oe he os RF a A; pe * creel ok Pasi i ey, aN Si e for 3 i os ht a 3, 2 ba ce eo aes nyos i Ao ee ~~ CPM- L-000220-17 01/23/2018 2:15:19 PM Pg 5 of 8 Trans ID: LCV2018140089 \ \“ AS Sy eo AS \\ hf \ Y= oN Ne \ \ SS rant . wi NN NSSS SS NY a cS