HomeMy WebLinkAbout96-01544
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LATSIIA 81 CAPOZZI, P.C.,
Plaintiff,
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
\I.
: CIVIL ACTION. LAW
ATLANTIC PROPERTIES, /It. a/.,
Derendants.
: NO. 96-15..... CIVIL TERM
PETITION FOR APPOINTMENT OF ARBITRATORS
TO HIE HONORABLE. THE JUDGES OF SAID COURT:
John N. Kennedy. Esquire. counsel for the plaintiff in the above action, respectfully represents that:
I. The above-captioned action is at issue,
2. The clllim of the plaintiff in the action is S I .335.75 ,plus attorneys' fees. costs.
and interest from the date the security deposit should have been returned to plaintiff,
The counterclaim of the defendant in the action is unknown by plaintiff.
The following allorneys are interest in the case as counselor are otherwise disqualified to sit as
arbitrators:
WHEREFORE. your petitioner prays your Honorable Court to appoint three (J) arbitrators to whom the case
shall be submilled.
Re~tfully Submilled.
~ /V 14-....~'y
ORDER OF COUf
AND NOW, })JrLnnbtIC. ~, 19 , in con?ideration of the forgoing petition.
1, . c.Jvq ILIi (J.l,lVl'ltt:!:tsq..MIf.l:AItA .ruWlR~ _ ':1fsq:(In~' V' PI A.I
KAIP A Wlt.,' C Ai-) JIt" Esq.. are appointed arbitrators in the above-captioned action as prayed
for.
BY1/~~,tJ:::: (J
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LATSHA" CAPOZZI, P.C..
Plalnllff,
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
ATLANTIC PROPERTIES, el. Ill.,
Derendnnt'.
: NO. 96-IS44 - CIVIL TERM
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have served n true and correct copy oflhe foregoing. Plaintiff's Petition
for Appointment of Arbitrators the following counsel of record via first class mnil. certified. return receipt
requested on this /s7 day of October 1996:
Mnrk E. Halbruner. Esquire
Gntes & Associates. P.C.
1013 Mumma Road
Suite 103
Lemoyne. PA 17043
).h TSHA4 CAPOZZI, P.C.
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/John N, Kennedy. Esquire
Attorney J.D. No.: 68278
Post Office Box 825
Harrisburg. P ^ 17108-0825
(717) 761-1880
Attorneys for PlainlilT
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LATSHA" CAPOZZI, P.C.,
Plaintiff
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY
l'.
: Common Pleas No. 96-1544
: CIVIL TERM
ATLANTIC PROPERTIES,
LOWELL R. GATES, AND
MARK E. HALBRUNER,
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages. you must take action within twenty (20) days after this
complaint and notice are served, by entering a wrillen appearance personally or by
allomey and filing in writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the
plaintiff. You may lose money or propeny or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU
DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Lawyer Referral Service
Court Administrator
Cumberland County Court House
Carlisle. PA 17013
(717) 240-6200
NOTICIA
Le han demandado a usted en la cone. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes. ustcd ticne viente (20) dias de plazo al
partir de la fecha de la demanda y la notificacion. Usted dcbe presentar una aparieneia
,
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6. The term of the lease was for one (I) year beginning on June I, 1994 with
monthly rental payment of One Thousand Three Hundred Thirty-Five and 75/100 Dollars
($1,335.75).
7. In August 1994, Plaintiff and Keystone entered into an Addendum to
lease ("First Addendum") for additional space at 1013 Mumma Road, commonly
referred as Suite 303, which is attached as Exhibit "2".
8. The terms of the First Addendum were to increase the monthly rental
payment Two Hundred Fifty and 00/100 ($250.00) per month from August 1994 through
May 1995 and then to Seven Hundred Seven and 69/100 Dollars ($707.69) for November
through May 1996; total monthly rental payment there to be Two Thousand Forty-Three
and 44/100 ($2,043.44) Dollars.
9. In October 1994, Plaintiff and Keystone entered into a Second Addendum
("Second Addendum") for the lower level, east side, rear office of the premises at 1013
Mumma Road, which is attached as Exhibit "3".
10. The term of the Second Addendum was from November 1994 through
May 1995.
II. In February 1995, Plaintiff and Keystone entered into a Third Addendum
to lease ("Third Addendum") to lease the lower level, east side, south portion of the
premises at 1013 Mumma Road, which is attached as Exhibit "4".
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12. The term of the Third Addendum was a period of Four and One-Half(4
1/2) months terminating on May 31, 1995.
13. In March 1995, Plaintitl"and Keystone entered into a Fourth Addendum to
lease ("Fourth Addendum") for the lower level, east side of the premises at 1013
Mumma Road, which is attached as Exhibit "5".
14. The terms of the Fourth Addendum was for March through November
1995.
15. The net increase of the monthly rent for the lower floor for the Second,
Third, and Fourth Addendum was One Thousand Ninety-Three and 29/100 ($1,093.29)
Dollars; total monthly rent raised to Three Thousand One Hundred Thirty-Six and 73/100
($3,136.73) Dollars.
16. On June 16, 1995, ATLANTIC PROPERTIES,lOWElL OATES, and
MARK HALBRUNER ("Defendants'') purchased the premises at 1013 Mumma Road
and assumed the Lease and the obligation under the Lease, as amended, regarding the
retum of the security deposit.
17. In June 1995, Plaintitl" and Defendants enter.ld into a Fifth Addendum to
Lease ("Fifth Addendum") that served as a month-to-month Lease extension for the
aforementioned existing occupied space and two (2) rear offices on the lower level, west
side, which is attached as Exhibit "6".
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18.
The terms of the Fifth Addendum were 10 increase the monthly rcntal
payment by Three Hundred Sixty-One and 00/100 ($361.00) Dollars; total monthly rental
there to be Three Thousand Four Hundred Ninety-Seven and 73/100 ($3,497.73) Dollars
per month for the entire premises.
19. In accordance with the requirement of Paragraph 22 of the Lease
Agreement, Plaintiff paid Keystone a security deposit in the amount of One Thousand
Three Hundred Thirty-Five and 75/100 ($1,335.75) Dollars.
20. Plaintiff made all monthly payments required by the Lease, as amended,
for the period of its occupancy.
21. During its tenancy at the premises, Plaintiff made significant and costly
improvements to the property to enhance the value of the premises.
22. Upon departure from the premises, Plaintiff arranged to have the premises
professionally cleaned.
23. Plaintiff surrendered the premises in as good as or better condition than
when it entered the premises.
24. Plaintiff demanded the retum of its security deposit from the Defendants.
25. Defendants have refused and continue to refuse to retum security deposit
to Plaintiff.
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WHEREFORE, based upon the foregoing. Plaintiff respectfullY requests damages
in the amount of One Thousand Three Hundred Thirty-Five and 75/100 ($ \ .335.75)
Dol"" pi'" .",,,,,,.' f"'- "'.... ond ,.",,,t from tho d." tho ",wit, d,,,.1t ,,,,.Id
have been returned to Plaintiff.
Date:
vJ{J!C{~
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Respectfully Submitted,
~/-.-- .
By: ~_.,. At~
;/ John N. Kennedy, uirc
Latsha & Capozzi, P .C.
Executive Park West, Building \l
4720 Old Gettysburg Road, Suite \0\
Mechanicsburg, PA 17055
(7\7) 76\-\880
Attomcy l.D. No.: 68278
6263.\
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LATSHA & CAPOZZI, P.C.,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS, CUMBERLAND COUNTY
v.
: Common Pleas No. 96.1544
ATLANTIC PROPERTIES, LOWELL : CIVIL TERM
LOWELL R. GATES, AND
MARK E. HALBRUNER
Defendants
VERIFICATION
The undersigned states that the facts set forth in the foregoing Complaint are true
to the best of his knowledge, information, and belief, and that this Verification is being
made subject to 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities.
;t;L J ~
Kimber L. Latsha
Date:
&f/;Z/9~
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EXHIBIT 1
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lEASE AGREE~IEn
THIS lEASE, :1ADE THISMDA\' OF ~'av, 1994. betwe..n KE\'STO~E P~I):ESSIO~Al
CEliTER, with oHic..s at 1013 :1l1mma Road, liormleysbllri, and latsh,l ~ C,lnoHi
hereinafter called the Tenant.
IiITSESSETH:
That in consideration of the mutual covenants herein conuined, the
landlord and the Tenant airee as follows:
1. lEASED PREMTSES: The landlord hereby lets and demises to the Tenant and
the Tenant hereby leases from the landlord, 16.441 square feet on the wests ide
of the second floor of the Keystone Professional Center, to be known as 1013
Mumma Road, liormleysburi, Pennsyl.ania 17043, together with use of the testrooms
and ingress and egress thereto o.er the existing common areas in common with the
Landlord, the other tenants, their employees, aients, invitees, and guests.
2. TER:1: The Tenant is to have and to hold the leased Premises for a term
of one year, commencini on the tirst day of the month followinll the date
occupancy is granted Tenant by landlord. Tenant agrees to pay a pro rata share
of the monthly rental due for its occupancy for any part of the month prior the
first day of the month followinll the commencement of the term of this lease.
3. REn: Bellinning on or about June 1. 1994.as aforesaid and during the
term of this lease, T..~ant aF""s to p,W to landlor,i an annllal rental of
S16.029.00 per year, payabl.. in ..qual consecuti,-.. Mnthly insullments of
S1335.75 Dollars per month. All Mnthl:: rent,ll Sh,l11 be due and paY,lhle in cash.
in advance, without demand, on the tirst day ot each menth. Ihe tenant airees
to pay one and one-half (1 1/21 times monthly rent for each day the Tenant shall
retain the demised premises after the termination of this lease, it bein,
understood that Tenant has no vested riaht to so hold over. Rental paYlllents
shall be made payable to the Landlord, and mailed to the landlord in time to be- .
received by the first day of the month. Payments not received by the fifteenth
(15thl day of the month shall be subject to a five (5%1 percent late char,e,
which shall not prejudice the riihts of landlord to exercise default provision.
Tenant to have free occupancy Hay 21, 1994 to May 31, 1994.
4. RE~TAl ESCAlATIO~: Does not apply.
5. rSE: Tenant shall lIse said demised premises in a C;'liet and dillnified
manner only, for the sole purposa of professional offices, and fn n') other
purposes and shall not cause disturbance to other tenants.
6. POSSESSIO~ A~D SURRE~DER: Tenant shall have the right to enter upon the
demised premises at such time as the:; are ready for Tenant impro\'ements and
occupancy. At the termination of the lease, the Tenanr shall surrender
possession of the leased Premises, cluan of all Qebris and rubbish, and in as
iOOd ~ondition as at the commencemenr of the lease, ordinary ~ear expected,
fdilina which the landlord ma, restore the premises to such c~nditinn and Tenant
shall pJ,' th~ costs th..r'lof "pon d"m.n~. D
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7. lIABIlITY A~D I~ScRA~CE: Tenant shall defend landlotd and save landlord
har~less fro~ and aiainst any and all clai~s, actions, damaies, liabilities and
e~penses for inj~ry to persons or property arisini in whole or in part o~t of any
act or omission of Tenant, its emplo~'ees, aients, contractors, c~stomers or other
visitors, or out of the occ~pancy or use of the pre~ises or other property of
Landlord by Tenant, its employees, aients, contracts, c~sto~ers or other
visitors. landlord shall not be liable for any inj~ry to persons or da~aie to
property ru~ltini fro~ fin, or any other ca~se whatsoever, unless ca~sed by the
aron nellliience of the landlord, Tenant shall carr~' and pay for a public
liability policy acceptable to landlord protectini landlord lIith l,imits of
$500,000 and 51,000,000 and shall f~rnish landlord lIith certificate of same.
In the event the demised premises are damalled by fire, or other cas~alty
for IIhich ins~rance is in force, b~t not to s~ch e~tent as to render the same
~ntenantable, then the Landlord shall restore the said premises as speedily as
possible and there shall be no abatement of the tent. In the event the demised
pn~isu ate damaied by cas~alty and the landlord elects not to restore the
premises, then Tenant shall have the rillht to terminate this lease within thirty
(30) days after receipt of notice of landlord's election not to restore, which
shall be iiven IIi thin sixty (60) days of damalle of fire.
If the demised premises are inj~red or damalled by fire or other cas~alty,
for which ins~rance is in for-ce, to such an extent as to render them partially
~ntenantable, the landlord shall promptly repair the damaie and restore the
premises to a f~lly ten~ntable condition as speedily as possible.
There shall be a reasonable abate~ent of rent payable herRunder from the
time uf the damaie or destruction until completion of the rRpftlrs or rebuilding
to be m~ce by the landlord. In the event the demised premises are damalled by
casualty and the landlord elects no~ to restore the premises, the Tenant shall
have the rillht to terminate this lease within thirty (30) days after receipt of
notice of Landlord's election not to restore, which shall be aiven lIithin sixty
(60) days of damaie by fire.
If the demised premises are damaied by fire or other cas~alty to such an
extent as to render them IIholly untenantable, then this Lease shall thereupon
cease and terminate upon payment of the rent d~e and payable to the date of such
happening, unless Landlord shall restore said pre~ises within six (6) months from
the date of said damalle, in which cease hnant shall recei\'e a rent abatement for
the untenantable period.
a. I:-iPROVE"1E~TS: Any and all permanent bprovements made to tl:e leued
pre~ises shall be the sole property of the landlord.
landlord COVenants to keep and maintain the premises in repair, provided,
however, that the Tenant shall immediately aive landlord written notice of tbe
necessity for said repairs, and provided further that the damalle shall not have
. been caused by Tenant. in which event Tenant shall be responsible for said
repairs, landlord shall not be required to commence any such repairs until ten
(10) days artH Hitten notice from the hnant that the s"me is neceSS,HY. .~ny,
-.A.
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and all improvements to the interior of the demised premises durina the term of
the lea58 or any renewal thereof shall be the responsibility of the Tenant.
landlord's obliaation with respect ro repairs shall be only as expressly set
forth in this paraaraph.
The Tenant hereby covenants to keep
appurtenances in Ilood order and condirion.
interior of the demised premises durinll the
responsibility of the Tenant.
and maintain the premises
Repaintinll and refinishina
term 0 f the lease shall be
and
the
the
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landlord shall be responsible for removal of snow, ice, debris, and rubbish
from the common areas, and parkinll lot, for Ilrass cuttinll, repair and maintenance
of the parkinll and other common areas.
9. SIG~S: The Tenant covenants that it will not display any silins or lillhts
on the outsId; of the leased premises, or in the windows of said premises which
shall be visible to the exterior, without the prior written consent of the
landlord. All silins shall conform to the buildinll standard, and be established
by the landlord in conformity with the Borouah of Wormleysburll Silln Ordinance.
10. AlTERATIO~S: The plans and specifications attached hereto as Exhibit
"A', are approved by landlord and tenant. Tenant covenants that it will at no
time make any alterations or chanlles of any kind to the demised premises withollt
first SQcurinll the written consent of the landlord, after submission of the phns
therefor. All improvements, al ternarions, and replacements and all buildinll
,..rvice eqllipm..nt made or installed by Tenant shall bacome the property or
landlord without paym..nr rh'Hefor by landlord. All machin'HY, equipm..nr, Cother
than bui lding servic" eql.,ipmentl, trade fixtures, furni tllre and furnishinlls
installed by 'lenant shall remain the prop"rty of Tenant, and renant shall, if not
in default, be entitled to remOVe the same immediatllly at the termination of this
lease. The interest of Tenant in any property which is not so removed shall at
the end of the term vest in landlord. Tenant's improvement to be paid for by
tenant and the first three months of rent to be abated.
11. DEFAULT: It is allreed that if default be made by the Tenant in the
payment of the rent or in any of the covenants herein contained and such default
shall not be cured, after notice as provided therein, landlord may lawfully,
imm"diately, or at any time th"r"after and without further notice or demand, and
without liability for any damalle that may be don" to the property of the Tenant,
enter into the demis"d premises and ropossess the same, distrain on any property
found therein or thereon laWfully subject to such process. and declare this
lease and the tenancy hereby created terminated and expel the Tenant, and
notwithstandinll such termination. Tenant shall remain responsible for the net
loss in rentals to landlord for the balance of the term. landlord shall be
entitled to the benefit of all provisions of law respectinll the speedy fecovefY
of lands and tenements held OVer by tenants, Of proceedinlls in forcible entry and
detainer, distress and distraint, and all without prejudice to any remedin which
millht otherwise be used by the landlord for arrears of rent or for any breach of
Tenant's covenants herein contained.
.
In the event of any default by Tenant to the compliance with any covenant
herein contained, landlord shall not be entitled to terminate this lease, or to
inltitute any proceedinlls of any kind with respect to such default unless: 11
landlord shall have Iliven Tenant not less than ten (10) days' written notice of
such default and, 2) within such ten (10) day period, Tenant shall not have cured
such default.
12. RE:1EDIES: No mention in this lease of any specific rillht or remedy
shall preclude Landlord from exercisinll any other rillht or from havinll any other
remedy or from maintaininll any action to which it may be otherwise entitled,
.
either at law or in equity; and the failure of Landlord to insist in anyone or
more instances upon a strict performance of any covenant of Tenant under this
Lease or to exercise any option or rillht herein contained shall not be construed
as a waiver or relinquishment for the future or such covenant, rillht or option,
but the same shall remain in full force and effect unless the con:rar~' is
expressly so stated in writinll by Landlord.
13. BASKRUPTCY: In the event that the Tenant shall be adjudicaud a
bankrupt or insolvent and such adjudication is not dissolved within ten (10)
days, or in the event that a receiver or trustee shall be appointed for its
business or property and such appointment shall not be vacated within ten (10)
days, or in the event a corporate reorganization of the Tenant or an arranllement
with its creditors shall be approved by a court under the Federal Bankruptcy Act,
or in the event the Tenant shall lIlake an assillnment for the benefit of its
creditors, then landlord may, at its option, re-enter the premises and declare
this lease terminated.
14. rTllITIES: The landlord covenants and agrees to furnish to the Tenant
equipment and distribution sufficient for the followinll sen-ices, subject to any
Municipal, State, or Federal direction or order to the contrar~': ,V 'Y"'I\;~~
A) Heatinll, minimum of 68 F, durinll heatinll season, '&:.f;';" f,,"
B) Air conditioninll. I14ximum of 74 F durinll cooHnll seasqn. ,.~ ""eM '!J.""'~=' -.'
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N<-.#.' ~pl.,.r-~I ':
Tenant's use of electricity in the Premises shd exceea the Capac1ty~twllJ~
of any electric circuits. Tenant shall not, without Landlor' prior written C "' '
consent, connect any appliances or equipment to the Buildinll elect . system or
make any alteration or addition to the electric system of the Premises.~ Should
landlord Ilrant such consent, all additional risers or other equipment required
therefor shall be provided by landlord and the reasonable cost thereof shall be
paid by Tenant on landlords demand. As a condition to Ilrantinll such consent,
landlord may require renant to allne to an increase in the fixed rent by an
amount which will reflect the value to Tenant of the additional service to be
furnished by Landlord, based ont he estimated additional capacity of such
addi t iona 1 equipment. ~ .", ~,. ^" II,"
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t"'v.,II~~ s..<'- '''f"T''''P If! .. [~i\\''Ir- .F'j..~~t.,.lI t'"'?'"
landlord shall\not have an~; liabilit;. to Tenant for ani' interruption in the
supply of heat, air conditioninll, janitor service, or to the electrical current:
nor shall any such in.tertuption be considered as' an actual or r.onstructive
edction of the Tenant,l\bllt landlord shall endeavor to restore the san'ice with
roa.onable Jili~enc~.
j
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15. COMPlrA~CE WrTH lAWS, REGUlATIO~S: The Tenant airees that it ~ill, at
its own expense, promptly ~omply with all laws, statues, ordinances, orders and
reaulations promulaated or enacted by either the Federal, State, Count, or Cit,
Governments, or any of the various departments and aaencies thereof, pertainina
to the leased premises or the occupancy thereof by Tenant, and to comply at its
own expense, with all notices and demands from either thereof, whether the said
notice by directed to the Landlord or the Tenant, pertalnina to th~ leased
premises or the occupancy thereof by the Tenant.
16. r~SPECTrON BY lA~DlORD: The Tenant aarees that the landlord sh~ll have
the riaht to inspect the premises at all reasonable times and to exhibit the same
to others and to place upon the same for and durin a the period of One Hundred
Twenty (120) days prior to the termination of this Lease, sale or rent notices
or sian; such sians or notices, however, are not to be placed so as to i~terfere
with the reasonable occupation by the Tenant of the leased premises. The
Landlord, or its aaents, servants or representatives, shall have the dant at all
reasonable times to enter the leasod premises for the purpose of makina any
repairs which the Tenant is required to make but which it may have failed to
make. landlord shall have the riaht of access to premises for the purpose of
makina repairs or. improvements to the buildina services and utilities located
within or about the premises.
17. TNDEMNITY. WASTE: The Tenant aarees to indemnify and save harmless the
Landlord from any expense, loss or liability imposed upon it as a result of any
act, default, misconduct of the Tenant, or as a result of any violation by the
Ten"nt of any of the terms of this lease. The Tenant aire;,; to pa:: ~or all
dama~es to the le~S9d premises caused by any ~aste, misuse, or neileer by the
s"id Tenant.
18. ADDITIONAl RE~T: "'benever under the terms of the lease any sum of 1I0ney
is required to be paid by Tenant in addition to the rental herein reserved,
whether or not such sum is herein desianated as "additional rent", then said sum
shall, nevertheless, at Landlord's option, if not paid when due, be deemed'
additional rent and shall be collectible as such if not paid within fifteen (15)
days from the date due.
,
19. ASSIGNMEXT AND SUBlETTING: The Tenant shall not have the riaht
assian, sublet, or otherwise transfer its riihts under this lease ~ithout
obtainini the ~dtten consent of the landlord in each instance. In the e':'ent
landlord shall give such consent, Tenant shall nevertheless remain
liable for the terms of this lease. However, use by companies affiliated with or
subsidiary to named lessee shall not be considered a sublease or assiinment under
terms of this lease and does not require prior approval from landlord.
20. QUIET ENJOi':1EXT: The landlord covenants that the Tenant shall
and quietly hold and enjoy the leased premises so loni as the Tenant
default hereunder.
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21. NOTICES: Any notice required or per~itted to be mad. by eith.r party
und.r the t.rms of this lease shall b. aiven in writina and shall be forwarded
b>' certified mail, postaae prepaid, tetum rec8ipt requested. NoticOJ to the
landlQrd shall, unl.ss the landiotd otherwise advi58s the Tenant, in writina. be
addressed to the landlord at its address shown on this lea.e. Notices shall be
d.emed to have been aiven when said certified mail is deposited in any ~nit.d
States Post Office which accepts certified mail. Notices to T.nant:
22. SECURITY DEPOSIT: As security tor the faithful performanct by Tenant
of all of the terms and conditions upon the Tenant's part to be pertorlUd~ Tenant
has this day deposited with the landlord the sum ot SI.33~.15 which shall be
r.turned to Tenant, without interest, on the day s.t torth tor the e~piration of
the urm (notwithstandina this Leue Illay be sooner terminated) or any renewa1
thereot; provided, however, that Tenant has tully and talthtully carried out ell
of the terms, covenants and conditions on its part to be ptrtorm.d,' landlord
shall have the riaht to apply any part ot said deposit to cure any detault ot
T.nant and, if landlord does so, Tenant shall upon demand deposit with landlord
the amount so applied so that landlord shall have the futl deposit on hand at all
times durina the term ot this l.as..
In the event of a sale ot the buildina, or l.ase ot the land on which it
stands, subject to this Lease, landlord shall have the riaht to transter thi.
security to the vendee or lessee, and Landlord shall be considered relea.ed by
Tenant trom all liability tor the return ot such security, and renant .hall look
to the new landlord sotety tor the return of said ..curity, and it is ..raed that
this shall apply to every transfer or assiinment made of the security tJ 4 new
l,ndlord. The security deposited under this lust shalt not be mortia.ed,
as~i2ned, or encumbered by the Tonant without the writton con~ent of landlord,
any attempt to do so shall be void. In the event of any rightful and permitted
assianment ot this lease Aareelllent, the said security depo.it shall be deemed to
be held by landlord as a deposit made by assian.., and Landlord shall have no
further liability with resp.ct to the return ot said IlIcurity d.po.it to tbe
usi.nor.
23. EMINENT DOMATN: If the whole or any part ot the demised pr..i.e. .b.ll
be under the power of e.inent domain or sold under threat ther.ot, th.n tbi.
l.ase shall terminate on the effective date of the condemnation or ule. Tbe
Compensation awarded for such takina, both as to landlord's reversionary Inurest
and Tenant's interost under this lease sh~ll belon2 to and be th4 sole property
of the landlord; provid4d, howev4r, that the landlord shall not be entitled to
any portion of any dw~rd made to Ten~nt for loss of business ~nd loss or co.t of
removal of its stock and trade fixtures.
24. SreORDISATrOS: As provided in Paraaraph 5, th4 riahts of Tenant under
this lease shall be and ~re subject and subordinate at all times to the lien ot
any mortaaae or mortgages now or herea fter in force da~ inH the leased premises.
and the Tenant sh~ll e~ecute such further instruments 5uburdi"4tin~ this Le.s.
to the lien or liens of any such mort.aaes as shall be requested by landlord.
However, landlord a~rees rhat hnant's riaht. under this leJH shall not be
disturbed In any w~y by such subordination,
25. R~lES AND REGUlATIONS: The Rules and Relulations, in reg5rd to the
Buildinl. 5nnexed ro this Lease, 5nd such reasonable additions thereto and
a~end~ents and modifications thereof as may from time to time be made by the
Landlord, shall be considered a parr of this lease, and Tenant covena~ts that
said Rules and Regulations shall be faithfully observed by Tenant.
26. ATTORNMENT: Tenant agrees that upon any termination of landlord's
interest in the leased premises, Tenant shall upon request, attorn to the parties
then bolding title. All covenants hereto shall remain in full force and effect
and Tenant's possession of tbe demised premises shall not be disturbed by sucb
, .
successor.
27. JA.'iITORIAl SERVICE: Landlord shall provide janitorial service to
include trash removal and general cleaninl on a relular schedule for all common
areas, and sball be responsible for janitorial service within Tanant's demised
premises, upon the followinl scbedule: no less than twice per week. Landlord
shall provide dumpster service.~ c;l~
~w1t~~ ~r~~~I(
28. RELOCATION: landlord hereby reserves the right to relocate the Tenant
to another area of the Building or buildings within the same complex. Landlord
shall provide sufficient notice of its intention to relocate Tenant and will (jl<.-
construct at its sole cost and expenses the new Premises to the same leneral
specifications as the ori.ll.l.nal Premises. rF r~~ d.~ ",.t a.,,.u. rw p"_l-r~r
ell- 9t 3.0 s'-l( ArPI'l' f-"'T
29. CO~:10N AREA: All common areas including but not limited to parkin.,
driveways. walks, steps and corrid~ts which Tenant may be p~rmitted to use and
occupy, are to be used and occupied under a revocable licens~, and if any such
license be revoked, or it the amount of such areas by diminished. landlord shall
not be subject to any liability nor shall Tenant be entitled to any compensation
nor shall diminution of such areas be deemed constructive or actual eviction.
30. TERMINATION: Landlord to have a 75 day dlht of termination if buildin,
is sold, and if tenant can not be satisfactorily relocated within tbe buildin,..
31. TENA.'fT IMPROVEMENTS: Tenant to reconflaure Suite 301, connect suites 301
& Suite 303, recarpet, , paint at tenant's expense & with Landlord approval of
plans. Tenant to be credited up to 50% of recGipts for the improvements in tbe
form of free rental not to exceed two months at the end of the initial term.
32. RESE~Al OPTION: Provided that at the end of the primary term of this
lease agreement Tenant, not beina in default of any term, condition or covenant
contained in the aareement, Teneant shall have the right and option to renew the
lease agreelll&nt, by written notice delivered to landlord no hter than one
hundred twenty (120) days prior to the expiration of the primary term, for two
(2) - one (1) year options as follows: Year (1) $1,402.54 per month $16,830.48
annually, Year (2l $1,472.67 per month, $17,672.04 annually. All other uru,
conditions & covenants to remain the same.
33. RIGHT OF FIRST REFUSAL: Tenant to have a 5 business ~a~' ficht of Hrst
refusal on Suite 304 (former d~nist space).
Sec:re..uy
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.
ATTEST:
f
.
(Sed)
WIt:iESS:
l~~DlORD: Keystone Profe.sional
~-~~
Keystone Professional Center
Attn: Deni. J. Hilke, H.D.
1013 Mumma Road, Suite 203
Wormleysburc, PA 17043
. . I
RULES & REGULATIONS
1. The slu..walk. Hlltry, p,H~aae~ and staircases shall not be obstrueted or
used for any oth..r pllrpos.. than inar..s~ and Har..S" !O anu from th.. various
premises in the Builuina.
2. Nothln~ shall be thrown out of windows or uootS, or down the pas~aaes
of the Buildina. Tenant shall not make or commit or peuit its servants or
visitors to make or commit allY indecent or lmprnp..r acts or any improper noises
in thli Buildina, or inter fAre In any way wi th oth..r tenant", or those havina
husiness with tham. No animah or biru!! shall b.. broullht or kept In or IIbO"l the
Buildina.
J. ThA !!a,sh..", sash-doors, wlnltows, IIhs~ dnllrs and any IIahts or skyliaht~
that reflect or admit luto halls or other places of said buildina, shall not be
eovered or obstructed. The toilets, water and wash closets and urinals shall not
he used for any other purposAs than for which th..y were constructed, and no other
suhstnnce of any kind whatsoever shall be thrown therein, and the expense of any
breakaae, stoppaae or damalle resultlna from a violation of this rule shall be
borne by the Tenant, or whose clerk, clerk's aaAnts, or servants, shall have
causAd It. Alld no Tenant shall mark, paint. drill Into or in any way deface the
walls, cAIllnllS, partitions, floor!!, woods, stone or metal work.
4. No sian, advertisement or noticA shall he inscribed, painted or affixed
on any part of tbe outside or inside of the Buildlnll, e~cept as specifically
provld..d in the lease and on the Tenant's office door and then only of a size,
color and style a.s thA landlord shall approvI>. without prior approval of
Landlord. '
S. If Tenant desires window sashes, they shall be of the style, materilll
and quality approved by the Landlord.
6. If Tenant desires telephonic or telellraphic connections, the Landlord
wUl direct the electricians as to where and how the wires ate to be introduced;
and without such direction no borinll or cuttinll of wires will be petmitted.
7. Each Tenant must upon the termination of its Lease, restore all keys to
the premises, rooms and water clas"t!!, and I..a... at th.. office of thA landlord
a m..moranelum of IhA enmhin.ll.illll nf nllY safe or vallll In the promlsuo
Ao Till. In'I<lIor,1 shnll ill nil ca""s ."I.,in th" power to prescribe the
"lilaht, prop..r posltlnn all') platfarmillg of .Solr..~ ill th.. Bllilding. an<l of the
installation, brlnglna In, and moving of salel safns.
9. Landlord shall not be respollslhl<> to Tenant for theft of property in or
from the premls..s by any cleaning or maintenance personnel, and Tenant assu_es
full risk for such losses.
10. TAnant, its employe..s, and visitors shall adhere to all parklnll
uaulations as p05te<l, and am""ll"d from tlmA-to-tlme'hy landlord by written
notice to Tenant.
EXHIBIT 2
tl.8ntall
,11 ...." ..., · > I h..
g!! ("ja,lrt. ~~;;}/ ~ ,A-
,..." t, "" " .,. )t, " ' l~
$1!lO 00 ger month
~uqust thrU oc~0~er$101,69 ger month
Nove~er th'U ..a1
. te~' ~".,,,,,,b';
<out .0< . << PI'
; \~ . 0" .,,< <.",.,t u"" \,-,r~ Jt-
0'''''' '1'''' ~ ~ I. ,,,,.'" '1<" ,,/....r. r"
aental tor 09t1.0nl~143.01 ~er month" I40t . t _essee'lI
. ,.""""".", "
.... ,. ..".'" t",'" .,.d1"d ,..0<4
<10"'''' coO" ':,., .. ",1.""'" ct':; ,~.". to .,d ,,,
rental at COtl\ll\encem~n~ oelt:: J:~om t at ~e~nn1.ng of
caJ:get totlller dent s ~ \~"'" ,~
to"'" . ,
p..0 0 t~o\lt'1 'to 1.1:p..5 t.
It't'lf1'.tlt
tJ>.'!:S~ " Cp..iO~~'t
t-Ntl
ltt.'fs'tONt. iP-Oii.SS'tONp..L ctll'tt.tl.
op..'tt.O !l-10-g,
,< to" ....... p,o"'" "",.,,1,,....... "
51.7.e'
rret\lll
I the sallie as l.n the 9dll\llrY ;
and cond1.t1.ons to rellla.n
p..11 other tettlls
lease. ^ / .r/~jJ___
'flt'tltt.SS I 0.J.J.7/~ -
~
t.esseel t.atSha" ca907.7.1. ?C,
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oatel
=.........'......1'1.
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center".
-
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EXHIBIT 3
SUITE:
TEAM:
RENTAL:
OCCUPANCY:
. . . .
SECOND ADDENDUM TO LEASE
Between
LA TSHA & CAPPOZI
And
KEYSTONE PROFESSIONAL CENTER
DATED MAY 20, 1994
At
1013 MUMMA ROAD, WORMLEYSBURG, PA
Lower level,east side, rear offlce (230 square feet)
Seven (7) months; November 1, 1994 to May 31,1995
$182.08 per month ($9.50/SF)
October 17. 1994 (prorateCllf occupied before November 1st)
TOTAL FOR TEAM: $1,274.58
OPTION:
RENTAL FOR
OPTION:
FINISH:
Two (2) . One (1) year options and Right of First Refusal during initial
term on total of 501 SF rear, same suite at $396.63 per month
Five (5"10) percent annual Increase each June 1 st
"As Is'
All other terms and conditions to remain the same as in the primary lease.
WITNESS:.
LESSEE: L~ha~.c.
~L -I. --. fJ,1.~
I . .
WITNESS:
.
LES~KeYston~ P~eSSi~nal Center
I tt.v,;' II / ~..v'
I /
Date:
C:\WP51ILATSHA.ADO {JASi1cM:IQ/2MI4j
, '. .
. .. . .
EXHIBIT 5
if
. 4 -'. ,
I .. . .
EXHIBIT 6
\
I
6302,1
c:. ,. .
.......
FIITII ADDENDUM TO LEASE
Between
LA TSIIA & CAPPOZZI
(Lessee)
And
KEYSTONE PROFESSIONAL CENTER
(Lessor)
At
1013 MUMMA ROAD
WORMLEYSBURG~ PA
DATED, MA Y 20, 1994
This addcndum shall serve as a month.to-monlh lease extension for the existing
oceupied space and the two back rooms of the lower level space on the west side.
The rentnl for the addilionnl space to be based on $9.50 per square foot.
1,644 SF
871 SF
1,381 SF
456 SF
Top floor. west side
Top floor. southeast quadrant
Lower fevel . east side
Lower level. west side
two renr offices
Total Monthly Rentnl
MQIltbJ)'.funtnl
$ 1,335.75
707.69
1,093.29
361.00
$ 3,497,73
The expansion spnce to be Icased lias is".
~Set' f" "&le'lt.. 1(I.v" I..,,~ I b'f tlvl,.d '.JI, 1'i~S-.
All other terms and conlilions to be the same as the initiallcase.
l"~5"(' 'fu v,n.t.. (.,r (I.v b.,
s.,..r,"""', 1fl1K:
Witness:
Lessee: Larsha & Cap07.7.i, P. C.
~_::L~./~,~,
wlt"",f!)r.t.IlUi
Date: -o/~-/-7 S-
O:\OATA\WI't>.\ 1'.\1J( 11:.1)\ I OI.'.^UU.~I;'1
lessor: ~
. _Jt'ct..AZt!J;r"_Pf';./;ffX-.nfES..~.
'---..
_ Atlr .
/~f~_~Ud~
.
" ... "
'..~ _.:
LA TSHA & CAPOZZI, P.C.,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS, CUMBERLAND COUNTY
v.
: Common Pleas No, 96.1544
ATLANTIC PROPERTIES, LOWELL : CIVIL TERM
LOWELL R. GATES, AND
MARK E, HALBRUNI!:R
Defendants
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have served a true and correct copy of the foregoing,
Complaint, upon the following counsel of record via Certified, Return Receipt Requested,
and First Class Regular Mail on this /.'JI'/.. day of April 1996:
Mark E. Halbruner, Esquire
GATES & ASSOCIATES, P,C.
1013 Mumma Road, Suite 100
WormJeysburg, PA 17043
Attorney I.D. No. 66737
i)
<:-
.,.~ /1 ~:.,
John N. Kennedy, Esq .
Latsha & Capozzi, P.C.
Executive Park West, Building II
4720 Old Gettysburg Road, Suite 101
Mechanicsburg, PA 17055
(717) 761.1880
Attorney I.D. No.: 68278
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LATSHA , CAPOZZI, P,C"
Plaintiff,
I IN THI COURT OF COMMON PLBAS
I CUMBERLAND COUN'l'Y, PBNNSYLVANIA
I
I CIVIL ACTION - LAW
I
I NO, 96-1544 . CIVIL TERM
I
I
I
VI,
ATLANTIC PROPSRTIIS,
L01lJlLL R. GATSS AND
NARX .. KALSRUNIR,
Defendants.
NOTICI TO PLBAD
TO: LATSHA & CAPOZZI. P.C.. Plaintiff
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER WITH NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20)
DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU,
GATES & ijSOCIATES~Cj
BY:~. ~~
~E. Halbruner. Esquire
Supreme Court I,D, #66737
1013 Mumma Road. Suite 100
Lemoyne. PA 17043
(717) 731-9600
(Attorneys for Defendants)
DATED: 7- ).[, -9(.
LATSHA . CAPOZZI, P.c.,
Plaintiff,
I IN THB COURT or COMMON PLUS
I CUMBBRLAND COUNTY, P!NNSYLVJUlIA
I
I CIVIL ACTION . LAW
I
I NO, 96'1544 - CIVIL TBRM
I
I
I
VI,
ATLANTIC PROPBRTIBS,
L01fBLL R. GATBS AND
MAJtJt B, HALBRUNIR,
Defendants.
ANSWER WITH NBW HATTBR AND COUNTBRCLAIM
AND NOW. come Atlantic Properties. Lowell R. Gates and Mark E,
Halbruner, Defendants. by and through their attorneys. Gates &
Associates, P.C., and make the fOllOWing Answer with New Matter and
Counterclaim in the above-captioned action:
ANSWER
1. Admitted.
2, Admitted.
3. Admitted.
4. Admitted.
5, Admitted.
6. Denied. The document speaks for itself.
7. Admitted.
8. Denied. The document speaks for itself.
9. Admitted.
10. Denied. The document speaks for itself.
11. Admitted.
12, Denied. The document speaks for itself.
13. Admitted.
14. Denied. The document speaks for itself.
15. Denied, The documents speak for themselves.
16. Admitted in part and denied in part. It is admitted that
on June 16, 1995, Defendants entered into an installment agreement
for the purchase of the premises at 1013 Mumma Road and that
Defendants assumed the Lease and the lessors obligation under the
Lease, It is denied that record title to the premises has passed
to Defendants. It is further denied that Defendants have an
obligation to return the security deposit to the Plaintiff.
17, Admitted in part and denied in part. It is admitted that
Plaintiffs and Defendants entered into a Fifth Addendum to Lease,
a copy of which is attached to the Complaint as Exhibit 6.
plaintiff's characterization of the document is denied as it speakS
for itself,
18. Denied. The document speaks for itself,
19, Admitted.
20, Denied. Plaintiff has failed to pay Defendants the
rental payment for its period of occupancy in the month of October,
1995.
21. Denied. After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief a8 to
the truth of the averments stated in paragraph 21 of the Complaint
and proof thereof is demanded if relevant.
22. Denied. After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to
2
the truth of the averments stated in paragraph 22 of the Complaint
and proof thereof is demanded if relevant.
23. Denied. As is more fully described in the Counterclaim
contained herein. Plaintiff left the premises in a significantly
damaged condition.
24, Admitted.
25. Admitted in part and denied in part. It is admitted that
Defendants have refused and continued to refuse to return the
security deposit to Plaintiff. It is denied that Defendants have
an obligation to return the security deposit to Plaintiff,
WHlRBPORB. Defendants respectfully request that jUdgment be
entered against Plaintiff and in favor of Defendant. together with
attorney fees. costs and such other relief as the COurt deems
appropriate,
NEW MATTBR
26. paragraphs 1 through 25 of Defendant's Answer are
incorporated herein by reference,
27. To the extent that Plaintiff made improvements to the
premises. such improvements were made in lieu of rent as part
Plaintiff's Obligations under the Addendum to Lease, See
2 of the Complaint.
28, Plaintiff was properly credited for all such expenditures
as provided for in the Addendum to Lease.
3
COUNTERCLAIM
29. Paragraphs 1 through 28 of Defendant's Answer and New
Matter are incorporated herein by reference.
30, The Lease provides I "The tenant agrees to pay one and
one-half (1-1/2) times monthly rent for each day the Tenant shall
retain the demised premises after the termination of this Lease, it
being understood that Tenant has no vested right to so hold over."
See Exhibit 1 of the Complaint.
31. The Lease provides for a 5\ late charge on all payments
not received by the fifteenth day of the month. See Exhibit 1 of
the Complaint.
32. Plaintiff did not vacate the premises until October 5,
1995.
33. Plaintiff has not paid Defendants the rent and late
charge due for the holdover into October 1995.
34. Plaintiff left the premises and the common areas of the
building in a condition which required garbage disposal,
repainting, recarpeting, cleaning and other repairs, which were
performed at Defendants' expense.
35, Defendants have withheld the security deposit as
compensation for the aforementioned expenses and the unpaid rent
and late charges.
WHlIRBJ'ORB, Defendants respectfully request that the Court
enter jUdgment in favor of Defendants and against Plaintiff for the
unpaid rent, late charges and miscellaneous expenses, plus
4
attorneys' fees and costs, in an amount not exceedinq the
compulsory arbitration threshold under local rules,
Respectfully submitted,
GATES &
DATED:
7-){, -76
rn
Mark E,
Supreme Court I,D. #66737
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
(Attorneys for Defendants)
5
i
I
VBRIPICA'l'ION
The undersiqned hereby verifies that the facts averred in the
foreqoinq Answer with New Matter and CounterClaim are true and
correct to the best of his knowledqe. info ation and belief. This
I
verification is made Subject to the pe 1 ies of 18 Pa.c.s, '4904
relatinq to unsworn falsificatl n to
tSk~ "2.{. . 1996
. v' ... "-
,~,.. vV
~owell R. Gates
f
CERTIPICATB OP SBRVICE
I, Mark E. Halbruner, of the law firm of Gates & Associates,
P.C., hereby certify that I served a true and correct copy of the
foregoing Answer with New Matter and Counterclaim on this date by
first class mail to the fOllowing person at his address:
John N. Kennedy, Esquire
Latsha ~ Capozzi, P.C.
Executive Park West, Building II
4720 Old Gettysburg Road, Suite 101
Mechanicsburg, PA 17055
GAT" & &SSOCIAT~
BY: m/v1!. ~ /
Mark E. Halbruner, Esquire
Supreme Court 1.0. #66737
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731'9600
(Attorneys for Defendants)
DATED:
7-)(. -7[
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C_.fIWUI._ Of 'IHNIYLVANlA
C_, 01 C_'UA.
NOTICE 0' APPEAL
-"'l DI'YlIC'
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fROM
DIST.ICT JUSTICE JUDGMENT
C__'lIA..... 96-1544 Civil Teal
NOTICE 0' APPEAL
Nolice it s;- thai tho --""' hal filed in tho abcwe C...., af Common Pfoa. an appeal from tho judgment rendered by the Oi,'riel Jullic. on tho
dale and in tho ..... ,1,",'Hu...J belao<
;zr+l;:r',. Pn~,p.. ~~,..~ 1-0....&-,\ ~. (~.<:1'~,,t M(, -\t.. ~ ~hHl"'::'NQn;:';:e.
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CV 19"'\'5" - CDOO~\ ~(Cb:"""Ij., nt- . r
LT 19 ~, (. I-'r Jl c..(!(JJtJ<;.
no. bladr wiI be ...... ONLY '"'- thio natation i'requirod under Po. R.cP.JP. No If appellant was CLAIMANT (see Pa. R,C.P.J.P. No.
1008&
no. Nolice af Appeal. '"'- lfteiYOlCl by tho Oi,trict N.tic., will operate al a '001 (6) in action before District .AJStlce. he WST
SUPeRSEDeAS ID tho iudsln-t "" pcn...oion in thi. cal& FILE A COMPlAINT within twenty (20) ~ after
filing his NOTICE of APPEAL.
09;J~
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( I ~ ,t;.)..
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SigI8/UIe 0( ProIhoooIatv ex C!epuIV
'RAECIPE TO ENTlR RULI TO FILE COMPLAINT AND RULI TO FILE
(TIlIa ssctlon 01 fomt (0 be used ONLY when appellant was DEFENDANT fsee Fa RC.P.J.P. No. 1001(7) in action before DlsITIcI Just/cft.
IF NOT USED. detach from ccpy 01 notice 01 appeal /0 be served upon appellee),
'RAICIPI. To .....thanafary .
Enlerruleupon ~\ S~~ IG..~,. r( .
Nwrts 01 ~.sJ
. ""p....(.~ ID file a complaint In IfIIs ........
(Cannan "- No. 96-1544 Civil Tent
J within -tv (20) day. ~!,'-:. ...vic~ ..... Of u
r rt<J..a. ( .
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o .Jud!p1W1I af non PftIIo
RULlI To Lb.! c,\.yl t Ce. OO~', I P. L 0
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. app....(s~
(II 'lbu - naIlfIed that a rule it hentby enN<ed upon vou to file a complaint in !his appeal wilhln '-nIy (20) day. after tho dot. of
MrvIce af !his rule upon you 11)' penanaI ....ic. '" by certified Of rwgisN<ed mail ' . ~
"
(2) If you do not file a camp/aint within thio time. a JUOGMENT Of NON PROS WIll BE ENTERED AGAINST YOU
(3) The dole of Mfvice of this rule if ...vice WQI by mail it tho dole af mailing.
DaIocJnOAc.h ~OI~19ql..
Lc-.D (lI1~1'\~ .Q,-h
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILl; COMPLAINT
(Th/$ proof of Silrv/CQ MUST BE FILED WI TJ.;/N TEl"' ! 'Uj 04 r'; ..11 rER 1,{ltly tIlt} nlHI"r) vI ,lpPI!,,1 CflfiCJ" appilCJb/6 b01(83)
COIIIIONWIALTH 0' PENNSYLVANIA
COUNTY 0' ~/L/(lDe. r/ ( It d____ ;..
AFFIDAVIT: I he,oby swoar or a"lrm Ihall '''''od
jil a copy of tho NotIce of ~:t\cornmon Ptf.HI!) No'1'-",:,l'S.I.{Ji, (:""...1__. , upon ~hc District JwUice d~signdlod therein on
(date 01 stJfl/leU).r.1a.. ~ . 19j'L. 0 tly ptH5QI1al ser\,qCO ~by (CCrllt16l1) (registered) mall. sonder's
recelplAttached hf:':reto. and upon tht~ t!ppl~l!el?, (fldmOJ ~~-t--~QZ21_...__f_.~______._ . on
f'\arllA. ""2\ , 19S~ by per:if;l1al ;S'':'YIU);rc:tJ'r' (cl'rl"ir'?d) {rt~~pllt'red} rn.ttl. 'hHldl:."r":i rect}jpt alll.tChed hereto,
E""and turU,", Ihat I '."od tho Rulelo Fd",j Coo'pl'''',! 'h:<"'''''','''Y~',) II,., jt,o", NoIIC,)()1 App.al UPOl1lhe apPOIlOil(ij lowhom
the Rule WdS addressed on r:1a..c"-(-h.~~~.~._..__.... '9 Jq_._ [J 0,' ~)(:r:>on,l! ser\ilc~kny (certtliad) (registered)
mall, sender's receipt attached hereto
SWORN (AFFjRMED) AND SUBSCRIBED BEFORE ME
THIS ~I ~f-._.DAVOFi11flJ"'C^-_, 19L(,
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t\o.....k.. E. Itc.t I
SlgnatlJr.o',II11nr
fIIlt.,o"""" ~l8rlalSeal
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Mentler. ""'.8...... 4"""""'0/ NDCarille
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P 316 450 463
P 316 450 45'1
PoollQo
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~ Rolum Roc... Stcrowl9 ..
.... 'Mlom & 0... 0ttwAtd
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8 TOTAL POiLIge 6 Fee.
~ PUltT1"\o.-O..,
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Sl>eoaI DeMty Foo
Restndlll DeMty Foo
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TOTAL P"""'l" SF.., $ ;).
Sl>eoaI DeMty Foo
$ .J. l,-Z-
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C_IALT" Of nMdTLYANJA
caUaT Of C_ 'LlAI
NOTICI 0' APPIAL
fROM
lUOIClAL DlIl.ICT
DISTRICT JUSTICI JUDGMINT
CClliIMON'LlAI No. 96-1544 Civil Temt
NOTICE OF APPEAL
Notice is lPwn Ihat the appellant h,,, rolod in the above Co,,", 0' Common Plea. on oppeoI from the judgment rendentd by the Di."ict Ju.tice an the
daIa ond In the case "....1....., htlao<
~~_ Prbp~ A..~", ~l\ ~.C~"PA.I Q~~\I.. t=:. ~J::'.:~c7:I::"
01 J;.. -A e... Ice> ~cY""'" ~
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'":2-- -~ ~-ts~4.. Gt~ 0 ~.c. .. AM.,.....\, Pro e.,-h..
c....-fl..,~~ ( ·
CV 19~ C:CCO"S'2\ c.lt:6!;.......~
LT 19
This block wit be IilP>ed ONlY when this notation i. required under Po. R.cP JP, No.
10088.
This Notice of Appeal. when receiYltd by the Di.trict Ju.tice, will """",Ie o. 0
SUPERSEDEAS ta the judgment lot posse.sion in thi. ca...
04;;.l~::L
I 7r:, 4~
Sigralut8 01 I'rolhonolatV Of ()ep<JIV
If appellant was CLAIMANT (s Pa. R.c.P.J.P. Na
1001 (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days aftflt
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(TIlJs section 01 fmn /0 be used ONLV when appelllllll was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action befOlfl Disbicl Justice.
IF NOT USED, detach from c~y of no/ice of appeal to be selVed upon appellee).
PRAICIPE, To Prothonotary
EnterMeupon~<;~a (~7''d ~.c.
-_.1
(Cammon Pleas No. 96-1544 Civil Temt
, appeIlee(.), ta role a complolntln this appeal
RULI, To / ~S~{ f ~~ p ,C.
01 sl
) within twenty (20) day'0"1.;;:1{ ~~f judgment of non ~
M ~ ,. e: ,\ _ \\ SqIa/li8 01 _ 01 "" oIlllmov 01 -"
1 ~'C"'"'- --- t1C4 b...,,~r'
, appeIlee(.).
(I) You en notified thot a rule is hereby entered upon you 10 IiIe a complaint in this appeal within twenty (20) day. afIer the datw of
service of this Me upon you by persanall4lfVice or by certified Of registered mail
(2) If you do notlile a complaint w~hin lhis time. 0 JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of servlc:e of thi. Me ~ _vice was by mail is tho dole of mailing.
DaIe:..ffiOJ\.<'h :JO-i~ 19~. ~ ; ",. .[}(II!f'MmO<v- .o~-h_ ...
~otA:",......,..1IItIIofIr .
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COURT FILE TO BE FILEO WITH PROTHONOTARY
IN TlIE COURT OF COMMON PLEAS
CUMOERLA:"lD COUNTY, PF.NNSYL VANIA
LATSlIA & CAPOZZI. P.C..
Plaintiff
Common pleas No. 96-\544
v.
CIV\L TERM
ATLANTIC PROPERTIES,
LOWELL R. GATES, AND
MARK E. HALBRUNER,
Defendants
ArlSWER TO NEW MATTF.R AND COUNTERCLAIM
26. No response to this averment is required.
21. 0,,1". ,,,,,,,uff """ "",.,,, I"''''''''''''' '" th< ",,,,I"'. ^
po",.oof ,",'" of- ,"''''',_'' ." ."'1"1. Ii" of ,,", " ... f.rth I. tho flnl
_"""'" '" tho 1.<",. T1< ,,,,,,,,,_b "''''' by tho ,,",.uff ,,,,,,,,,,, tho "I'" of
tho p""'1'" ,"',""'., _ ",,,,,_b wbl,h .,,, "'" """ I. Ii'" of ,"".. ""'
2i. "'.,,,. T1< """""b .f !h" """,ph ",.,,1"" ",,,",I,,,I.oof low "
wbkh "" ",,,,,,I" pi"""" '" ",.1'" 1. tho "".t ..to "."",'" pi"""" "
"".1"" 'tl. _ "ttl< ,,",",Iff." """,I, "",,,d f", ",I .",h ",,""It"" "
""Idol ,. tho _"'''''' to I."", ,,"'",iff """ "",if"ont ond ,,,,,I, ,,,,,,,,,,,,,,,,
'" th< p""'1." '" ",01" It ",,,,,,,, .hI,h ,"',.","',," ,,,,,,,,,,d tho ,",,,, of th<
p""""" ,,",",'ff did "'" ""I" ".""dit "' "", _'"'"' ,. on "",,,,,", "",I to ..
,",,,, .ft"''' I",P"'''''''"''' (So" .""Ibit I ., C .",,1.1",. ,,,,,,,,,ph 1I.)
COUNTERCLAIM
29. No response to this averment is required.
30. Admitted,
31. Admitted.
32. Denied. PlaiotitT vacated the propcrty on September 30, 1995. and further
effectuated finalization of cleanup thereaHer in accordance with the previous agreement
with Defendants.
33. Denied. The averments of this paragraph constitute conclusions of law to
which no responsive pleading is required. To the extent that a responsive pleading is
necessary, it is denied Plaintiff "held over" in October 1995 and. therefore, no additional
rent or late charges are due from Plaintiff to Defendants.
34. Denied. Plaintiff made substantial improvements to the premises and left
the premises in better condition than required under the terms and conditions of the
Lease. After reasonable investigation Plaintiff is without knowledge or information
sufficient to form a belief as to the truth of the remaining averments; strict proof is
demanded at trial.
35. Admitted in part and denied in part. It is admitted that Defendants bay,
withheld the security deposit. It is denied that Defendants are due any compensation In<
the nature of unpaid rent and late charges. Defendants have improperly withheld the
aforestated security deposit.
2
~,..o.......,.~,[
WHEREFORE, bascd upon thc forcgoing, PlaintilT respccttully requests that
Defendants' New Matter and Counterclaim be dismissed and Plaintill'be awarded
damages in the amount ofOnc Thousand Three Hundred Thirty-Five and 75/100
($1,335.75) Dollars plus attorneys' fees. costs, and interest from the date that the security
deposit should have been returncd to Plainti ff.
Respectfully Submitted,
.----.----.--
By:
/" /""
h..~' L '--', , ...(
/.'. . I,
. John N. Kennedy, Esquire ./
Attorney I.D. No.: 68278
Latsha & Capozzi, P.C.
Executive Park West
4720 Old Gettysburg Road
Suite 101
Mechanicsburg, PA 17055
(717) 761-1880
'r./ ". jcC(
Date: ,\ / . 'J, t"'i.-"
10669,1
3
VERI FICA TI0N
I verify that the statements made in the foregoing Plaintitrs Answer to New
Malter and Counterclaim are true and correct to the best of my knowledge, information,
and belief. I understand that false staterncnts herein are made subject to the penalties of
18 Pa. e.s. ~ 4904 relating to unsworn falsification to authorities.
Date:
~..r19&
~/~
imber L. Lalsha
4
IN THE COURT OF {'OMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
LA TSHA " CAPOZZI, P.C.,
Plaintiff
v.
Common Pleas No. 96.1544
ATLANTIC PROPERTIES,
LOWELL R. GATES, AND
MARK E. HALBRUNER,
Defendants
CIVIL TERM
CERTIFICATE OF SERVICE
I, John N. Kennedy, Esquire, oflhe law firm of Latsha & Capozzi, P.C., hereby
certify that I served a true and correct copy of the forell~ing PlaintitTs Answer to New
Matter and Counterclaim on this /, '. day of I"'. ',e " , 1996, by
dellOsiting a copy of same in the possession of the United States mail, first-class, postage
prepaid, addressed as follows:
Mark E. Halbruner, Esquire
Gates & Associates, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731.9600
LA TSUA & CAPOZZI, P.C.
By:
,
/
(
,.,-- .....
.'
fohn N, Kennedy. Esquire
Attorney I.D. No.: 68278
Executive Park West
4720 Old Gettysburg Road
Suite 101
Mechanicsburll, PA 17055
(717) 761-1880
-.----
--~--
Attorney for Plaintill"
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LATSHA AND CAPOZZI, P,C, I IN THB COURT OF COMMON PLEAS OP
I CUMBERLAND COUNTY, PENNSYLVANIA
V. I
I CIVIL ACTION - LAW
ATLANTIC PROPERTIES, et. al. I
I NO. 96-1544 CIVIL TERM
I. UI VACATB AlUIITRATOR
ORDER OF COURT
AND NOW, JANUARY 27, 1997, the appointment of Ralph
Wriqht, Jr., Esquire is hereby vacated and Greqory J. Katshir,
Esquire, is appointed in his stead.
Court,
\
rold E. Shesl
Richard Stewart, Esquire - Cu-td /1O"~J.. Ij.Ylj"'I,
Chairman ~. 'f'.
Court Administrator
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
LA TSHA &: CAPOZZI, P.C.,
Plaintiff,
v.
ATLANTIC PROPERTIES,
LOWELL R. GATES, AND
MARK E. HALBRUNER,
Ddendants.
: Common Pleas No. 96-1544
: CIVIL TERM
PRAECIPE TO WITHDRAW WITH PREJUDICE
The undersigned hereby requests the withdrawal of the above-captioned
appeal with prejudice.
Respectfully Submitted,
LATSHA DA VIS & YOHE, P.C.
Date:
/(Jbfod-
/
IifrnLt~
Kimber L. Latsha, Esq.
Attorney I.D. 32934
P.O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
By:
Attorneys for Plaintiff
61072
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