HomeMy WebLinkAbout01-0556 FX
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..... C2,MMONWEAL TH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
JUDICIAL DISTRICT
COMMON PLEAS No, Ol- .s'$;b
C;o~tT~'
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeallrom the judgment rendered by the
District Justice on the date and in the case mentioned below,
NAME OF APPELLANT
George F. Sullenberger, Jr.
MAG. DIST. NO. OR NAME OF D,J.
09-3-04
ADDRESS OF APPELLANT
4520 A Valley Road,
DATE OF JUDGMENT
CITY
STATE
ZIP CODE
Enola,
PA
(DEFENDANT)
17025
12/28/00
IN THE CASE OF (PLAINTIFF)
Frank Roberto
F. Sullenberger, Jr.
CLAIM NO.
CV YEAR
L T YEA,R
CV 0000312-00
This block will be signed ONLY when this notation is required under PA,
R,C.P.J,P. No, 1008B,
This notice of Appeal, when received by the District Justice, will operate as
A SUPERSEDEAS to the Judgment for possession in this case.
If appellant was Ctaimant (see PA R.C.P.JP.
No. 1001(6)) tn action before district Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
Signature of Prothonotary or Deputy
. PRAECIPE TOJNTERR\JI,;E TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLYwhen appeilant was DEFENDANT (see PA RC,P,J.P, No, 1001 (7) in action before District Justice,
IF NOT USED, detach from COpy of notice of appeal to be served upon appellee,
PRAECIPE: To Prothonotary
Enter rule upon
F):'ank Roberto
. Name of appellaa(s)
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RULE: To
FranJ~ Roberto
, appellee(s)
(Common Pleas No,()/-. ~b d,-,\t~) within twenty (20) days after servic
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Name of appel/ee(s)
(1)
You are notified thatil rule is hereby entered upon 5'9u to file a complaint in this appeal within twenty(20) days
after the'1Jate of ser\tige of this.rQle UP6(l you by personal service or by certified or registered mail.
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If you do~ot file a complaint within tots time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU
UPON PRAECIPE. ./ / ,"
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The date a/service of thj~,rLI'1if servic'e W~s by m~il is the date of the mailing,
(2)
(3)
Date:, J~
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Prothonotary Copy
Court File Copy
Appelant's Copy
Appellee Copy
D. J, Copy
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PROOF OFSERVICE,OF ,NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
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(This proof of service MUST 'BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
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AFFI DAVIT: I hereby swear or affirm that I served
, upon the District Justice designated therein on
_' D by personal service '0 by (certifi~d) (registered) mail, sender's
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a copy ofthe Notice of Appeal, Common Pleas No,
(date of service) _ _' year
receipt attached hereto, and upon the appellee, (name _ , on
_~_, year _________, D by personal service D by (certified) (registered) mail, sender's receipt attached hereto.
D 'and' further that j sefV-ed the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to
whom the Rule was addressed on ____. , year ___.__' 0 by personal service 0 by (certified) (registered)
mail, sender's.receipt,attached hel'eto.
SWORN (AFFIRMED) AND SUBSCRiBED BEFORE ME
DAY OF ~__, YEAR _____'
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My commission expires on
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, "COMMONWEALTH OF PENN"',,"~' VANIA
COUNT-Y OF: CUMB~
09-3-04
NOTICE o JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
'ROBERTO, FRANK I
6230 STEPHENS CROSSN
MECHANICSBURG, PA 17050
L ~
. Mag. DistNo.:
OJ Name: Hon,
THOMAS A. PLACEY
Add,.,,, ,104 S. SPORTING HILL RD.
MECHANICSBURG, PA
Teleph~h.,,(717) 761-8230',
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17050,
DEF,ENDANT: -NAME and ADDRESS.
rsULI,:~mmRGER, " JR., GEORGE F
',4520 AYALI,E:Y.RD.
~OI;A~'PA17025
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204,STA'rE ST.
HAI~lUSBuRG~ PA
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17101
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Docket No,: CV-0000312 - 00
Date Filed: 8/21/00
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,Judgment: ' , '
[i] Judgment was entered for: (Name)
[i] Judgment was entered against: (Name)
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in the amount of $
2,n4Q r;n on:
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(Date of Judgment)
12/2R/nn
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[] Defendants are jointly and severally liable, ,
" [}Damages will be assessed on:
(Date & Time) ,
,
o This case dismissed without prejudice.
AmoUnt 9f Ju ' gment
Judgment Costs
Interest on JLidgment
Attorney Fees
Total
'$ 1.975,00
$ 74.50
$ .00
$ .00
$ 2.049.50
O Amount of Judgment Subject to
AttachmenVAct 5 of 1996 $
Post Judgment Credits
Post Judgment Costs
$
$
o Levy is stayed for
days or 0 generally stayed.
------------
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Certified Judgment Total $
o Objection to levy has been filed and hearing will be held:
Dc,te: 'place: , , ,. ~" '", ;!I
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ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOT ARY/CLERK OF THE COURT OF COMMON PLEAS. CIVIL DIVISION. YOU
RIPT FORM WITH YOUR F APPEAL.
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FRANK ROBERTO and
JUNE M. ROBERTO,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
vs. CML ACTION - LAW
GEORGE F. SULLENBERGER, JR., NO. (;) ( . 65:Z
Defendant
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 written appearance personally or by attorney 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
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717)-249-3166
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FRANK ROBERTO and
JUNE M. ROBERTO,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
vs.
CML ACTION c LAW
NO. (jl- ~n
GEORGE F. SULLENBERGER, JR.,
Defendant
COMPLAINT
AND NOW, come the Plaintiffs, Frank Roberto and June M. Roberto, by their
attorney, Murrel R. Walters, III, Esquire, and respectfully represent as follows:
1. Plaintiffs, Frank Roberto and June M. Roberto, are husband and wife, who
reside at 6230 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant, George F. Sullenberger, Jr., is an adult individual who resides at 65
Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025.
3. Defendant is the owner ofreal estate known and numbered as 4520 Valley Road,
Enola, Cumberland County, Pennsylvania 17025.
4. On April 9, 1996 plaintiffs and defendant entered into a lease agreement.
Plaintiffs leased space in a commercial building for the purpose of operating a, pizza shop
therein. A copy of the lease has been marked as Plaintiffs' Exhibit "AU and is attached hereto.
5. Pursuant to Paragraph 4 of the lease agreement, Plaintiffs paid to defendant the
sum of$l,lOO.OO as a security deposit.
6. Plaintiffs tirnely and properly under the terms of the lease notified defendant of
their intention to terminate the lease and vacate the premises on June 30, 2000.
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7. Plaintiffs complied with the terms of the lease by turning over the premises in
appropriate condition thereby entitling them to the return of their security deposit.
8. Despite repeated requests, defendant has refused to return the security deposit of
$1,100.00 to plantiffs.
WHEREFORE, plaintiffs pray this Honorable Court to enter judgment in their favor
and against defendant George F. Sullenberger, Jr. in the amount of$I,100.00 plus' terest and
costs of this rnatter.
MURREL R. WALTERS, III, ESQUIRE
Attorney for Plaintiff
54 East Main Street
Mechanicsburg, P A 17055
(717) 697-4650
LD. No. 24849
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VERIFICATION
We verify that the statements made in this Complaint are true and correct. We
understand that false staternents herein are rnade subject to the penalties of 18 Pa. C.S. ~4904,
relating to unsworn falsification to authorities.
c:3~ - oc-~~
FRANK ROBERTO
Date: '2/ ?- ((
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JUNE . ROBERTO
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FRANK ROBERTO and
JUNE M. ROBERTO,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
vs. CIVIL ACTION - LAW
GEORGE F. SULLENBERGER, JR., NO.
Defendant
CERTIFICATE OF SERVICE
I hereby certifY that I am this day serving a copy of the foregoing Complaint upon the
person and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail,
Mechanicsburg, Pennsylvania, first-class, postage prepaid, as follows:
Scott W. Pohlman, Esquire
Skarlatos & Zonarich LLP
204 State Street
Harrisburg, PA 17101
Murrel R. Walters, III, Esq.
54 E. Main Street
Mechanicsburg, P A 17055
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Dated:
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LEASE AGREEMENT
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This Lease Agreeme~t made ,thiS '1--' day of ~, 194(0,
by and between (.;C'()Yc,(. ~utle{jI)('((Jer-"7r: (t.~J helv\
(/ (J.:- ,'0
hereinafter called "Landlord" and -I-yt((\!<; l11'vl, 1Urti- fY\ .1'-ubelrID
t/t.... PI(~b"L- t;1u.
hereinafter called
IITenant" .
WI'I'NESSE'I'II :
In consideration of the rents and covenants hereinafter set
forth and contained on the part of the Tenant to be paid, performed
and observed, the Landlord does hereby lease unto the Tenant the'
premises hereinafter described under the conditions set forth herein.
I. PREMISES:
The Landlord hereby leases to the Tenant, and the Tenant, jointly and
severally, if more than one, do lease from, the Landlord the premises
l<llown and numbered as /../~,).o Y.:illf,<J Q()(I It I S'l~ 1(, r. I p,n,{)~,- FA- l7o.:~ ~
2. TERM:
The term of this lease shall be for a period of .t111"ee (3) years,
beginning on the day of 19~ and terminating
on the day of , 19
See ATTACHED ADDENDUM.
3. llENTS;
Tenant shall pay to Landlord as rent for the above described premises,
the sum total of $..':';(<:: ,dl(.irll~IL payable in equal monthly installments of
$ per month in advance beginning on the day of
19 and each and every month thereafter subsequent to
the signing of this~ase. An additional charge of $ '--8- will be
added to the monthly rent to pay the quarterly sewerage, garbage and
water bills. (A fee of $20.00 will be charged for any check returned to
the bank. Likewise, a fee of $25.00 will be charged for any payment
made five days past due, with an additional $5.00"per day for each
following consecutive days past due.)
4. SECURITY DEPOSIT:
Tenant shall be required to provide Landlord at the beginning of the
term of this lease the sum of $ 1,100 u~ as security towards the
performance of the terms of this lease. Upon expiration of the term
of the lease, the Landlord shall inspect said premises to d~ter.ine
damage, if any, following the removal of Tenant from the property.
Any damages to the leased area or any repairs necessitated as a result
of the Tenant's use of the leased area, shall be done by the Landlord
at the expense of the Tenant and deducted from the security deposit.
The Landlord shall account to the Tenant for the unused portion of the
security deposit within thirty (30) days following the expiration of
the lease. The cheCk will be made payable to all persons signing this I
lease and mailed to a forwarding address supplied by Tenant to Landlord
in writing.
EXHIBIT "A"
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5. ALTERA'l'ION:
Tenant agrees not to make any alterations, additions, improvements
or other changes to any part of the premises or its facilities without
the express written consent of the Landlord.
6. INDEMNIFICATION:
Tenant shall indemnify and save Landlord harmless from any liability
imposed upon Landlord, adjudicated or otherwise, by virtue of any
personal injury or property damage arising from any use of the premises
by the Tenant, their agents and invitees, including court costs and
counsel fees.
7, REPAIRS:
Landlord agrees and covenants to be responsible for any and all repairs
to the exterior of the premises and also agrees to be responsible for
all repairs to the interior of the premises including heating facilities,
plumbing facilities and electrical facilities excluding any appliances .,
which are now located on the premises. However, in the event that such
repairs are necessary due to the negligent acts of the Tenant or its
agents, then such repairs shall be performed at the expense of the Tenant.
8. ASSIGNMEN'r:
The Tenant covenants and agrees not to assign, sublet or transfer their
interest in the premises to any other party.
9. TAXES AND INSURANCE:
The Landlord agrees to pay all taxes and assessments levied against the
premises during the term of this lease. In addition, Landlord agrees
to be responsible for fire insurance coverage for the exterior of the
premises, including the structure of the building. Tenant agrees to be
responsible for fire insurance on its contents within the leased area.
Landlord is not responsible for any loss of use.
10. UTILITIES:
Tenants will be responsible for the payment of all utility bills
including electric, telephone, and cable.
11. ACCESS BY LANDLORD:
Tenant agrees to permit the Landlord to enter upon the said premises
at all reasonable times to examine the condition thereof.
12. SURRENDER OF THE PREMISES:
The Tenant covenants with the Landlord that the Tenant has received
the premises in good order and condition and at the expiration of
this lease, Tenant will yield said premises in as good order and
condition as when the same were rented by the Tenant. However, Tenant
shall be liable for any repairs resulting from negligent acts of the
Tenant, it's agents, servants, or employees or any other person upon
the said premises at the invitation of the Tenant.
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13. WASTE:
Tenant agrees to permit no waste on the premises or use the premises
for any unlawful purpose. Tenant shall keep the leased area of the
premises free and clear of any type of refuse, junk or other debris.
All trash and refuse shall be stored outside the leased premises in
appropriate trash containers permitted by local governmental regulations.
14. PETS:
Tenant agr~es that there shall be no pets or other animals either
domestic or otherwise kept on the premise.
15. SALE:
The Landlord herein shall have the right to sell th~ property at any
time to any third party without giving notice to the Tenant.
16. USE:
Tenant agrees that the premises shall be used only for food service
restaurant operation.
17. EXPIRATION:
Both parties hereby agree that either party hereto may terminate this
lease at the end of the said term by giving the other party written notice
thereof at least thirty (30) days prior thereto, but in default of such
notice, this lease shall continue upon the same terms and conditions as
herein contained for a further period of one (1) year and so on unless
or until terminated by either party hereto given by the other thirty (30)
days written notice for removal previous to the e~piration of the then
current term. However, if Landlord shall have given such written notice
prior to the expiration of any term hereby created of his intention to
change the terms, covenants or condi tions of this lease, and the
Tenant shall hold over after the expiration of the time mentioned in
such notice, Tenant shall be considered as Tenant under the terms,
covenants and conditions mentioned in such notice for a further term as
above described. It is the intention hereof that if the original term
shall be renewed or extended under the terms hereinabove provided or
otherwise, such renewal or extension shall be upon the same terms and
conditions of this lease as are effective immediately prior to the
expiration of the said original lease, with the exception of increases
as outlined on addendum of rent.
16. DEFAULT:
Upon the occurrence of any default such as failure to pay installment of
rent when due, failure to perform any terms or conditions of this lease,
abandonment by the Tenant of the leased premises qr insolvency of the
Tenant, the lease shall be deemed to have been breached and thereupon
by that fact itself and without entry or other action by the Landlord:
a) At the option of the Landlord the rent for the remainder of the
term of this lease shall immediately become due and payable.
b) At the option of the Landlord this lease and the term created
hereby as well as all the right, title and interest of Tenant hereunder
shall cease and terminate and become absolutely void without any right
on the part of the Tenant to save the forfeiture by the payment of any
sum or by performance of any term, covenant or condition broken or
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defaulted, and the Landlord shall be entitled to recover damages for
such event of default in an amount equal to the amount bf the rent
and other charges reserved for the balance of term hereof.
c) At the option of the Landlord, he may lease the demised premises
or any part or parts thereof to such person or persons as may, in
Landlord's discretion seem best without affecting Tenant liability for
any loss of rent for the balance of the term.
d) Tenant shall pay to Landlord, as additional rent on demand, all
of Landlord's cost, charges and expenses, including without limitation
the reasonable fees of counsel, agents or others retained by Landlord
for the enforcement of Tenant's covenants under this lease.
19, WAIVER OF NOTICE:
Tenant hereby waives all rights to legal notice Wherever provided by
statute or common law and agrees that ten (10) days of notice of any
proceedings to recover possession in the event of default at any time
shall be sufficient.
20. ENTIRE AGREEMENT:
This lease constitutes the sole understanding of the parties herebo~arld
any amendments or additives shall be effective only when reduced to
writing and signed by the parties hereto.
I
21. PERSONAL PROPERTY: I
In addition to the real property as described herein including appliances, !
the parties do 'hereby agree that certain items of personal property will !
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be left on the premises and may be used by the Tenant during the term of I
agreement. The items of personal property are listed on Schedule A, if 1
applicable and attached hereto and made a part hereof. 1
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LIINDLORD:
TENANT:
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WITNESS:
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COMMONWEIILTH OF Pennsylvania,
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On this, the (- day of
before me, ~,]2JI1{L /1/. .~p( ile(-
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personally appeared J~r'Zifl/(
eLl 0\ nerlll.t"\,l
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, the undersigned officer,
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to me known or satisfactorily proven to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged that
~t' executed the same for the purposes herein contained.
IN ITNESS WlIERBOF, ~~ d and official seal.
Notminl St)al
[lena M Spl(;hIJ' Nolmy PtliJ~IC
Easl PemmholO IVlp ,Cl1mI1l'fl,iI~ct {.IlL1l,l\Y
My ComnliGsion (-l'pncm '~;~~_~~ 19sm
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ADDENDUM TO LEASE ~
For Lease agreement by and between George Sullenberger & heirs, called
"Landlord" and Frank & June M. Roberto tla Pizza Etc., called "Tenant".
Tenant: Frank Roberto
June M. Roberto
6230 Stephens Crossing
Mechanicsburg, PA 17055
(717) 697-8640, home phone
Rental Property Address: 4520 Valley Road
suite C
Enola, PA 17025
Term of Lease: 3 Years with a 4 Year Option
1st Year - $1,100.00 per month
2nd Year - $1,200.00 per month
3rd Year - $1,300.00 per month
Tentative Rate Option
1st Year of Option - $1,400.00 per month
2nd-4th Year of Option - $1,500.00 per month
Responsibilities of Tenant:
1) Pizza ~tc. will supply liability, loss of use and
contents insurance.
2) No outside loitering.
3) Outside trash must be policed on a daily basis.
4) Pizza Etc. to monitor and enforce water conservation
due to septic system.
5) Pizza Etc. will pay gas for all'uses inCluding heating
and cooking.
Responsibilities of Landlord:
1) Landlord pays sewer, trash, water and property taxes.
2} Landlord supplies and installs -
a. insulation
b. drywall exterior walls
c. partial electrical
d. finish plumbing in,bath #1
e. supply fixtures only for bath #2
f. heating & cooling system
g. $2,750.00 floor covering allowance
Addendum is to be made hereto a part of attached lease.
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FRANK ROBERTO and
JUNE M. ROBERTO,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
vs.
CIVIL ACTION - LAW
GEORGE F. SULLENBERGER, JR., NO. 2001-556 CML TERM
Defendant
PRAECIPE TO DISCONTINUE AND SETTLE
TO THE PROTHONOTARY, CURTIS R. LONG:
7
This action has been settied. Please mark the records as discqntinued
Murrel R. alters, III, Esquire
Attorney for Plaintiffs
54 East Main Street
Mechanicsburg, P A 17055
(717) 697-4650
LD. No. 24849
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c: 9.? Orn
$ w ~
C..;> ~