Meyers Management vs Yusufjonova etal

Parties Involved

  • Plaintiff: Meyers Management
    • Counsel for Plaintiff: Kenneth G Scholtz | Tucker Arensberg, P.C.
  • Defendant: Shakhnoza Yusufjonova | Kamolid Sharafitdi
    • Counsel for Defendant: Shakhnoza Yusufjonova (pro se)

Verdict Information

  • Verdict date: March 21, 2024
  • Total damages awarded to the Plaintiff: $5,079.50

About the Case

Cause

Meyers Management Co., (“Landlord”), a Pennsylvania business corporation, managed real property at 101 Governor’s Lane, Carnegie, PA 15106 (the “Premises”). Shakhnoza Yusufjonova, (“Tenant”), an adult individual, resided at 101 Governor’s Lane, Apt. 207, Pittsburgh, PA 15227 (the “Apartment”).

Landlord and Tenant entered a Residential Lease Agreement (“Lease”) starting October 1, 2022, leasing the Apartment month-to-month. Tenant agreed to pay $825.00 on the first day of each month. Throughout her tenancy, Tenant failed to pay rent.

Tenant’s breaches of lease terms and overdue rent prompted Landlord to take action. After a hearing before Magistrate District Judge Kobistek on December 20, 2023, a Judgment granted possession of the Apartment and money damages to Landlord.

Injury

As a result of  Tenant’s breaches, the Landlord lost out on monthly rent and resulted in fiscal damages. Due to Tenant’s breach, Landlord was entitled to recover possession, unpaid rent, attorneys’ fees, and Court costs, as per the Lease. Tenant’s unpaid rent warranted possession for Landlord.

Damages

Plaintiff, Meyers Management, respectfully requested the Court to enter judgment in their favor and against Defendant, Sharafitdi Yusufjonova, granting them possession of the Apartment. They sought a money judgment, not exceeding arbitration limits, including court costs and attorneys’ fees as outlined in the Lease. The amount of relief pursued in the current action fell within arbitration limits.

Verdict

On March 21, 2024, the court entered a verdict favoring the Plaintiff against the Defendant, awarding $5,079.50 as damages for the unpaid rent. Furthermore, the court granted possession of the property to the Plaintiff. The award of such possession was based mainly on the failure of payment of rent. Moreover, the Plaintiff’s request to release escrow funds was granted.

On April 10, 2024, the court entered a judgment in favor of the Plaintiff and sent a notice to the Defendants.

Post-verdict motions

However, on April 15, 2024, Defendant Shakhnoza Yusufjonova filed a motion to vacate the judgment.

The other defendant, Kamolid Sharafitdi, was her husband, from whom she was separated. In March 2023, Yusufjonova vacated the premises following a domestic incident, making the question of possession irrelevant to her.

Plaintiff Meyers Management had initiated an action against both defendants in November 2023, resulting in a judgment against them on December 20, 2023. Yusufjonova had promptly appealed and was informed by court personnel that she would receive notification of the hearing date. The docket indicated that notice of an arbitration hearing set for March 21, 2024, was mailed to her on March 5, 2024. However, she did not receive this notice.

Yusufjonova did not appear on March 21, 2024, leading to a nonjury trial and a verdict against her. The docket recorded that the verdict was mailed to her on March 22, 2024, but she did not receive it until April 3, 2024. On April 11, 2024, the plaintiff obtained a judgment against “Sharafitdi Yusufjonova.” Although the name was incorrect, the surname matched, which could imply the judgment is against her. Due to the lack of notice, Yusufjonova respectfully requested that the judgment be vacated and a new arbitration hearing be scheduled.

On April 23, 2024, the court considered the foregoing motion and issued an order. The order stated that since this request sought to strike a judgment entered by another judge, the judge who issued the original verdict needed to hear the matter. Therefore, the court referred the matter to the Honorable Chelsa Wagner for disposition.

Court Documents:

Available upon request