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Mr. Johnson, in return for right to occupy the apartment for the remainder of Jocelyn's lease with the University Rentals, from June 23, 2007 to September 6, 2007, had agreed to do the following:
1. Pay a security deposit of $300, to be refunded upon assessment of no damage
2. Comply with all the specifics related to the use of the apartment as listed in the lease that Jocelyn had executed with the University Rentals, a copy of which he was duly supplied
3. Pay $100 rent for the last week of June 2007
4. Pay, before July 1, 2007, $400 rent for July 2007
5. Pay, before August 1, 2007, $400 rent for August 2007
6. Pay, before September 1, 2007, $100 rent for the first week of September 2007
7. Surrender the apartment in the order he received (with no changes from the way Jocelyn had received it from the University Rentals--the record of which exists in the management's office).
8. Surrender the two keys to Jocelyn
Near the End Spring Quarter
- Jocelyn advertised on the Internet to sub-lease her apartment at 49 E 11th Avenue, Apartment P, Columbus, Ohio
- David Johnson responded and began discussing the arrangement and upon inquiry told Jocelyn that he was employed by Revlon, a cell phone company on High street (underlined is the first element of deception because he was already fired from the job with Revlon)
Around the Second Week of June
- Jocelyn called me and asked if it would be alright to arrange with David Johnson to receive a security deposit of $300; $100 rent at the time keys are given to him for the last week of June, 2007; $400 rent before July 1, 2007, so that she would not be late with her rent payment due on July 1, 2007; $400 rent before August 1, 2007, once again not to be late with her rent payment; and $100 rent before September 1, 2007 for the first week of September
- Having no experience in the type of situation, I felt that there would be no problem and, accordingly, gave her a go ahead
On Saturday, June 23, 2007
- Jocelyn's mother and I moved Jocelyn from her apartment, and cleaned and prepared the apartment for Mr. Johnson
- Jocelyn tried to contact Mr. Johnson throughout the day on his cell phone number; finally, he called Jocelyn in the late afternoon and told her he will come later in the afternoon
- Mr. Johnson came around 5:00 pm when I had a first talk with him. I insisted that he provide some contact information, and he complied by hesitantly giving me his mother's address in a sloppy way (he purposely put the house number, 5577, with the zip code so as to confuse us; I take this as the second element of deception). I, furthermore, discussed the arrangement that Jocelyn had made with him and found it to be the same as Jocelyn had told me)
- Mr. Johnson gave Jocelyn $100 and Jocelyn gave him the building and the apartment's keys but not the key for the mail box because she was still expecting some mail
- Jocelyn and I told Mr. Johnson that on our way to Buffalo, New York on June 28, 2007 we will stop by to receive the July's rent of $400 and the deposit of $300
On Thursday, June 28, 2007
- We arrived in Columbus, Ohio and called Mr. Johnson on his phone. When Mr. Johnson answered, he indicated that he did not have the money because "they" had not deposited his check
- Being not suspicious as yet, we agreed to stop by on Sunday, July1, 2007 on our way back from Buffalo, New York
- In response to his request, we gave him a ride to Target and waited to give him a ride back. While driving him back we offered to treat him to dinner
- While departing, we gave him copy of Jocelyn's lease with the apartment owners and told him that we were holding him responsible for the very conditions listed in the lease
On Saturday, June 30, 2007
- Mr. Johnson called Jocelyn on her cell phone and told her that his check was still not deposited and that he could not come up with the money on Sunday
- Jocelyn gave me the phone and I continued the conversation with him.
- Upon hearing his explanation, I became suspicious and felt that he had a plan not to pay any additional rent
- I emphatically instructed him to take our address and put a check in the mail on Monday and that if I did not receive the check on Tuesday, I would go to Columbus, Ohio to deal with him. He, extremely reluctantly, took our mailing address (the underlined later made me realize that 1) he had no bank account and 2) had no intention to pay)
On Monday, July 2, 2007
- My mind finally processed all of Mr. Johnson's explanations and implications, and I concluded that he was pulling a scam and would finally succeed in living out the lease duration without paying us additional rent
- That night I told Jocelyn that after finding out that no check arrived in the mail on Tuesday, we would leave for Columbus, Ohio to get him out of the apartment
On Tuesday, July 3, 2007
- We did not receive any mail from him and in accordance with our plan departed for Columbus, Ohio
- We went directly to Revlon, his indicated place of employment
- We were informed by the manager that he was fired few weeks ago (please note that he had been fired before he ever executed the arrangement with Jocelyn while he maintained that he worked at Revlon)
- We made various attempts to contact Mr. Johnson, and we eventually received a call from him
- I told him that I needed to meet with him so that I could have him to agree to leave the apartment and give us the keys back; he refused
- He called back and seemed very worried about his goods in the apartment and vehemently told me not to touch anything or I would be paying dearly
- When I insisted on him to leave the apartment and give me the keys back, he blurted out that if I touched his stuff he would certainly damage the apartment; I told him that he better not talk like that because I was recording the conversation
- He called again and said that he would meet me next morning and give me all the money lump sum. In response, I told him that I did not believe him and was not about to fall for any additional tricks. He again threatened me and told me not to touch his stuff (in retrospect, I am certain that he had something illegal in his stuff in the apartment)
- He called a few more times and even made a friend of his to call. During one of his calls he said that he had checked with his lawyer and was told that we will have to procure an eviction order from the court (believe me, he had no lawyer; he knew the law and the related process because, I think, he had done it many times before)
- We searched and found his mother's house and talked with his sister, Taylor Johnson. Taylor told us that both she and her mother were also unemployed and that Mr. Johnson having "issues" with the family could not be dealt with
- Next we went to the management of the apartment and agreed to pay the expenses for changing the lock on the apartment door so that Mr. Johnson could not enter; the management indicated that the lock could be changed on Thursday, July 5, 2007. We told the management that we would return on Thursday
- We next went to the main police station in Columbus, Ohio, and, to our surprise, were told that they as well as all the precincts' stations were effectively closed that day
- We went to an adjoining municipality and were able to have an informal discussion with a police officer at the station; he quite clearly explained many related possible outcomes
- Afterwards, as we ate dinner, Jocelyn called your wife to ask her your contact information
- We had a final call from him, which he ended with a voice mail; Jocelyn's typed version follows:
614-633-9444 July 3, 5:16 pm
Hey Jocelyn, it's [a] Dave, [yea] I spoke to my lawyer and [umm] since your dad has gone to
this extreme, I had no problem paying you guys, I have the money, from the money that is
in my apartment. I'm hoping [umm] there is no theft in this whole situation [umm] I don't
know what your dad [uh] is talking about I [I] left Revlon last week [umm], I [uh] have
another job [so] paying more and [a] I ‘m working [and but umm] like I said I talked to
my lawyer and you guys have to formally evict me we have a verbal agreement together
and [uh in order for] I mean the state of Ohio is different from Kentucky so I mean
I [I] did not instigate this, your father went a little crazy, but I'm sorry it had to be like this.
(One can believe what one wants, but I am convinced he is playing the systems and is trying to say just the right things)
After Tuesday, July 3, 2007
- We have followed your instructions and made no attempts to change the lock or have any more contact with him; we consider him a vagrant and possibly dangerous
- Jocelyn received one more call or voice message from him, right about when your initial notice to him was expiring, in which he maintained that he intended to pay, that I made a big deal, and that he will see us in the court.
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