HomeMy WebLinkAbout98-01739
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ANTHONY M, BUTrO and
CONCETrA BUTrO, individually, and liS
CO-EXECUTORS OF THE ESTATE OF
ANTHONY Burro
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 98- I 7.3 <; CIVIL TERM
IN ASSUMPSIT
v.
LORENA SCHAFFNER,
Defendant
COMI'L.AJm:
NOW COME the Plaintiffs, by and through their attorney, Edward L. Schorpp, Esquire,
who file this Complaint against the Defendant based upon the following:
1. Aothony M. Butto and Concetta Butto are adult individuals and arc brother and
sister, having an address c/o 204 North Broad Street, Lllitz, Pennsylvania 17543,
2. Defendant, Lorena Schaffner, is ao adult individual having an address of P,Q. Box
272, Fairfield, Pennsylvania 17320.
3, Plaintiffs are the children, the Co-Executors of the Estate, and the sole heirs at law
of their father, Anthony Butto, late of the Borough of Carlisle, Cumberland
County, Pennsylvania.
4. During his lifetime, the decedent, Anthony BUllo, entered into an oral lease
agreement with Defendant and her deceased husband for the rental of certain
premises at 40 East Louther Street, Carlisle, Cumberland County, Pennsylvania;
the first floor of said premises to be used as a restaurant and the second floor of
said premises to be used as a residence for the Defendant and her deceased
husband.
5, Subsequent to the death of their father, Plaintiffs and Defeodant agreed to
continue said lease agreement.
6, Pursuant to the oral lease agreement described in the preceding paragraphs,
Defendant and her deceased husband, jointly and severally, agreed to pay the sum
of Eleven Hundred and no/IOO ($1,100,00) Dollars per mooth rent (Nine Hundred
and 110/100 [$900,(0) Dollars for the restaurant premises and Two Hundred and
noli 00 [$200,(0) Dollars for the residence premises), and in addition, agreed to
pay all utilities consumed during their occupancy,
7, In addition to the rental amounts specified in the preceding paragruph, Defendant
and her deceased husband agreed 10 purchase the furniture situate in the residence
premises for the sum of Eighteen Hundred and nollOO ($1 ,800,IX)) Dollars,
8. Pursuant to said llrallease agreement, Plaintiffs father tendered possession of the
premises to Defendant and her deceased husband and the latter commenced
business in the restaurant premises (known as Ye Olde Colonial House
Restaurant) and subsequently moved into the second floor residence premises,
9. Defendant and her deceased husband defauited in the payment of all rent due
under the terms of said agreement whereby there is now due and owing the sum of
Six Thousand Four Hundred and no/l 00 ($6,400,00) Dollars for rent through
May, 1997, the date Defendant vacated the premises.
10, In addition to defaulting in the payment of all rental amounts due and owing,
Defendant and her deceased husband used all of the furnishings agreed to be
purchased by them.. After vacating the premises, Plaintiffs used all reasonable
efforts to sell the furniture and were only able to realize the sum of Nine Hundred
and noli 00 ($900.00) Dollars in salvage.
11, Plaintiffs are entitled to interest on all sums due and owing.
WHEREFORE, Plaintiffs demand of Defendant the sum of Seven Thousand Three
Hundred ($7.300.00) Dollars plus interest. plus their costs in this action.
BY'~~~
Edward L. Schorpp, Esq,
Attomey for Plaintiffs
127 West High Street
Carlisle. Pennsylvania 17013
(717) 243-9258
lD 1117495
SH~RlrF'S RETURN, REGULAR
CAS~ NOI 19~0017J9 P
COMMlINWEAI.TfI OF PENNL;Yl. Y ANIA i
COUNTY OF CUMBERLAND
flUnSL1\.tlnLQJnJl. ETM_
VS.
?Cf!AIT!!.Ell LORENA
HOIlEfn "I Nli
---'----' Sheriff (11' f!eputy Sheri!! of
ClHIElEHLAND Cuunly, 1"""11",,')" Vi'lllla, ,illU be>.!IIIJ duly swor" acour.dill\)
tu law, saY8, lhE' within NOnCI': ANDCOMf'LAINT
upon ,~CHAFFNER LORENA
defc_'tldilnt, at. __ 20:2'" HOURS, un t.he 14th du)' of ll.QlJJ
was ~H?.t-vt?d
----.-
th..
J 'Y)[\ OIL _J."-.LCI BILL
!if.WV J LLE......E.-^ 17241
IIOF'Ft'IAN
1B4~) WALNUT 80'/'TOM. I/OAD
, CUMBERL.AND
(iIIFE UI'
Cuunty, P~.'n[L':yJ vanidl
by' IlfuHJitlO
to NORI IIlWFHAN
BILL HOFF'11AN)
'1 true and ultestad GOpy uf the
t.ug" Un,>f wit. Ii IN ASSUMP~J T
NOTI~ND CONl'l.AlHT
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and at the iilarne lime direotIng He!! att'"f1tJ':'fl lu Lhe, "'''''[,''',(,8 thereof.
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