HomeMy WebLinkAbout01-06965
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
O.D. POWELL,
VS.
THOMAS E. ROBEY and
KAREN D. ROBEY,
Defendants
NO . 0 I - (, 'f(.)' (2.;,..:J. T h-
CIVIL ACTION - LAW
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.
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU DO
THE OFFICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166 OR (800)990-9108
NOT I C I A
Le han demandado a usted en la corte. Si usted guiere
defenderse de estas demandas expuestas en las paginas siguientes, usted
tiene viente (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Dsted debe presenter una apariencia escrita 0 en persona
o por abogado y archivar en la corte en forma escrita sus defenses 0 sus
objeciones alas demandas en contra de su persona. Sea avisado gue si
usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion y por cualquier queja 0
alivio que es pedido en 1a peticion de demanda. Usted puede perder
dinero 0 sus propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA 0 LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCDENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166 OR (800)990-9108
po~el1\magaro\complaint
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
O.D. POWELL,
VB.
THOMAS E. ROBEY and
KAREN D. ROBEY,
Defendants
NO. IJ /. /A (, ~ &;;;.; ,-'-'.
CIVIL ACTION ' LAW
COMPLAINT
1. Plaintiff is O.D. Powell (Powell), an adult individual who
resides at 1611 Sycamore Street, Harrisburg, PA 17104.
2. Defendants are Thomas E. Robey and Karen D. Robey (Robey),
husband and wife and adult individuals who reside at 322 Bonneybrook
Road, Carlisle, PA 17013.
3. On January 10, 1995 Robey, as Lessee, entered into a
written lease agreement with Charliene Magaro and S. Brian Magaro
(Lessees) covering premises known as 413 Buckthorn Street and 412 S.
14th Street, both in the City of Harrisburg. A copy of said Agreement
is attached hereto as Exhibit "A".
4. The aforesaid lease has a commencement date of February 1,
1995, and calls for a variable rent increasing each year of the term.
The rent for the year ending January 31, 2002 is $1,046.83, all rent
payable on the first day of each respective month.
lease) .
(See Article 1 of
5. The lease provides for additional rent in the form of an
obligation by Robey to pay all takes and City municipal utilities. See
~2.02(a) of lease.
6. Robey has failed to pay taxes, municipal utilities and the
rent for November and December 2001, in accordance with the scheduled
attached hereto as Exhibit "B", in which event all future monthly rent,
to wit, from January 2002, have become accelerated pursuant to
U7.01(e) (1) of the lease.
7. Powell notified Robey of the foregoing delinquencies even
prior to December 7, 2001, but on that date he gave him telephone notice
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the~eof with written confirmation within 48 hours thereafter, all
pursuant to ~17.01(a) of the lease.
8. Robey has not paid the foregoing delinquency or any part
the~eof.
WHEREFORE, Plaintiff demands judgment against Defendants in the
sum of $14,767.06, being an amount requiring compulsory arbitration in
Cumberland County.
YaFFE & YaFFE, P.C.
B~Y'~U
NORMAN M. YaFFE, ESQUIRE
Attorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 07135
powell\magaro\complaint
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O.D. POWELL,
VS.
Plaintiff
IN THE COURT OF COMMON PL~S OF
CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS E. ROBEY and
KAREN D. ROBEY,
Defendants
NO.
CIVIL ACTION ' LAW
VERIFICATION
I hereby state that I am an adult individual who is authorized
to make this verification and that the facts set forth in the foregoing
Complaint are true to the best of my knowledge, information, and belief.
I understand that false statements herein are made subject to the
penal ties of 18 Pa. C. S. !;4904 relating to unsworn falsification to
authorities.
Dated:
/7-- 7-0(
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THIS AGREEMENT made this
CHARLIENE MAGARO and S. BRIAN MAGARO (hereinafter
whose business address is 606 Magaro Road, Enola,
THOMAS E. ROBEY (hereinafter called "Lessee")
address is 332 Bonneybrook Road, Carlisle, Pa.
LEASE ACREEMENT
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, between
called "Lessor)
'Pa, 17025 and
whose present
IT IS HEREBY AGREED by and between Lessor and Lessee,
:intending to be legally bound for themselves and for their
respective heirs, executors, administrators, successors and
assigns in the manner following, it being understood that the
premises are demised under and subject to these covenants, all of
'~hich are also to be regarded as strict legal conditions:
ARTICLE 1
DEMISE,DESCRIPTION, USE, TERM, AND RENT
Lessor hereby demises and lets unto Lessee and Less,ee hereby
leases from Lessor al} that ~proximate 2,900 sq. ft. space in
the building located at 4}3 BUCKTHORN STREET in the CITY OF
HARRISBURG, Pennsylvania AND THE LOT WITH OUT-BUILDING located at
412 S. 14TH STREET. Such space is to be used only as a
catering commisary and uses normally incident thereto and for
no other purpose unless approved by Lessor, for the term of
.I yearS be9'inning the ~l ' I 'lJ.. and ending the
II'{J'~ . The first year's rent being a fixed
annual rent in the sum of $6,000'.00, the second year 1 s rent
being a fixed annual sum of $7,800.00, with an annual increase ~
of 10% for the next 5 years; la~lful money of-the United States of 1/")
,~erica, payable as specified in Article II.
ARTICLE 2
RENT
Minimum Rent
2.01 Lessee agrees to and shall pay Lessor at 606 Magaro
Enola, Pennsylvania 17025, or at such other place as Lessor
designate from time to time in writing, as minimum rent for
leased premises, the FIRST YEAR minimum annual sum of $6,000.
payable without demand and without setoff or deduction, except
as expressly provided herein, in equal monthly installments of
$500.0Q each in advance on the fifteenth day of each calendar
month, commencing on .L and continuing
thereafter until said total shall be paid.
Road,
shall
the
ADDITIONAL RENT
2.02 Lessee agrees to pay as rent to Lessor,
setoff or deduction, in addition to the
hereinbefore provided, the following:
without
minimum
demand,
rental
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a) All real estate taxes,
trash collection charges
premises by the City during
water and sewer rent, garbage
assessed or imposed on the
the term of this lease.
and/or
leased
b) All insurances premiums; fire and otherwise, matching present
coverage on the leased premises.
c) Any and all other costs incurred by Lessor in the operatio~
and maintenance of the building. Such costs shal.l include
repairs; maintenance or mechanical systems and service contracts;
and all items properly constituting direct operation costs, which
items are or may be deducted (and not capitalized) for Federal
income tax purposes, according to standard accounting practices
as determined by the Lessor accountant.
SECTION 3
TERMINATION BY NOTICE OR CONTINUATION
3.01 Either party hereto may terminate this lease at the end of
the term by giving to the other party written notice of
termination at least ninety (90) days prior to the end of the
term. At the end of the term OR before, the Lessee may opt to
purchase the properties and building at a price determined by the
Lessors. If this option is NOT taken, the rent for the properties
and building will be increased to a fair market price upon the
same covenants and conditions in force immediately prior to the
expiration of the term hereof for a further term of one (1) year
and so on from year to year unless or until terminated by either
party hereto giving to the other at least ninety (90) days
written notice of termination previous to the expiration of the
then current term; provided, however, that if neither part.y
hereto shall have elected to terminate this lease as aforesaid
and Lessor, on or prior to the last day permitted as aforesaid
for giving notice of termination at the end of the then current
term, shall have given Lessee, instead of a termination notice,
a written notice setting forth proposed changes to the covenants
or conditions of this lease, and if lessee shall not within ten
(10) days from the giving of Lessor's notice, notify Lessor of
Lessee's intention to vacate the demised premises at the end of
the then current term, Lessee shall be consi.dered as having
accepted the changes and as electing to continue as Lessee under
this lease as changed by such notice from Lessor, for a further
term as above provided or for such other term as may be stated in
Lessor's notice. Upon receipt of notice of termination as pro-
vided above, Lessee agrees to vacate the leased premises within
sixty (60) days of the end of the then current term and expressly
'~aives the benefits of all laws, statutes or ordinances, now or
hereafter enforced, providing for additional notice. Lessee
12xpressly agrees to pay Lessor the amount due and payable under
this Agreement for any extension granted under the sixty (60) day
provision of this Section. Lessee agrees to pay one full month's
charges for any extension that amounts to less than one (1) full
month.
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SECTION4 ,0
COVENANT TO PAY RENT AND ADDITIONAL RENT; LATE CHARGE
Lessee shall, without any demand therefore and without setoff,
pay the said specified rent, at the time, at the place and in the
manner herein provided, and also all other sums which may become
due by Lessee under this lease. All such other sums shall b~
payable as rent for all purposes whether or not they would other-
wise be considered rent. If any payment or any part thereof to
be made by Lessee to Lessor pursuant to the terms hereof is not
received by Lessor on or before the tenth (lOth) day of any
calendar month, a "late charge" of five cents ($.05), or such
lesser amount as represents the maximum amount Lessor lawfully
may charge in respect of Lessee, for each dollar so overdue ,may
be charged by Lessor for the purpose of defraying the expense
incident to handling such deliquent payment, together with
interest from the date when such payment or part thereof was due
at the rate which is the lesser of fifteen percent (15%) per
annum or the highest rate per annum permitted in respect of
Lessee under applicable law. Nothing herein shall be construed
as waiving any rights of Lessor,arising out of any defaults of
Lessee by reason of Lessor's assessing or accepting any such late
payment or interest; the right to collect the late charge and
interest assessed herein is separate and apart from any rights
relating to remedies of the Lessor after default by Lessee in the
performance or observance of the terms of this lease. Without
limiting the generality of the foregoing, if Lessee shall be in
default in the performance of any of its obligations hereunder,
Lessor may (but shall not be obligated to do so), in addition to
any other rights it may have in law or equity, cure such default
on behalf of Lessee, and Lessee shall reimburse Lessor for any
sums paid or costs incurred by Lessor in curing such default,
including reasonable attorney's fees and other legal expenses,
including also the said late charge and interest at the rate
which is the lessor of fifteen percent (15%) per annum or the
highest rate per annum permitted in respect of Lessee under
applicable law on all sums paid and costs incurred by Lessor as
aforesaid, which sums and costs together with late charges and
interest thereon shall be deemed additional rent hereunder.
SECTION 5
USE
5.01 Lessee shall not use or occupy, or permit to be used or
occupied, the demised premises or any part thereof, other than as
hereinbefore specified, nor shall Lessee use in connection with
the demised premises any name other than the name used in signing
this lease. Lessee shall not do or commit, or suffer to be done
or committed, any act or thing whereby, or in consequence
whereof, the rights of other occupants of the building will be
obstructed or interfered with or whereby the other occupants of
the building will in any way be injured or annoyed or Whereby the
building will be damaged.
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5.02 Lessee shall provide to Lessor, at least ten (10) days prior
to the beginning of the term of this Agreement, a comprehensive
listing of all materials used or stored by Lessee at the demised
premises that are explosive, highly flammable, noxious in odor,
or that may be otherwise dangerous in order that Lessor can
insure that such materials are properly stored and/or used by
Lessee. Lessor retains the right to require Lessee to mover
remove, or otherwise alter the storage of the materials contem-
plated by this Section due to concerns regarding safety and
health of other building tenants and occupants and the
surrounding neighborhood.
5.03 No animals, including without limitation, dogs, cats, mon-
keys, rats, mice, birds and fish, shall be brought into or kept
in or about the demised premises.
SECTION 6
ASSIGNMENT AND SUBLETTING
[,essee shall not assign, mortgage, or pledge this lease, or
sublet the demised premises or, any part thereof, without the
prior written consent of Lessor, such consent not to be
unreasonably withheld. An assignment within the meaning of this
lease is intended to comprehend not only the voluntary action of
[,essee, but also the assignment by any receiver, trustee, or
other person appointed by any court and also any levy or sale on
execution or other legal process against Lessee's goods or other
property or the leasehold, and every assignment of assets for the
benefit of creditors, and the filing of any petition or order or
"my adjudication in bankruptcy or under any insolvency, reorgan-
ization or other voluntary or compulsory procedure, and the
calling of a meeting of creditors, and the filing by or against
[,essee of any petition or notice for a composition with credi-
t:ors. No assignment or subletting shall in any way n'lieve or
r'elease Lessee from liability upon any of the covenani lr condi-
t.ions of this lease until such time as Lessee is able Lo cause
t.he sublessee or assignee to execute and deliver to the Lessor,
as assumption of liability agreement in form satisfactory to
Lessor, including an assumption by the Assignee of all the obli-
gations of Lessee and the assignee's ratification of and agree-
ment to be bound be all the terms and conditions of this Lease.
SECTION 7
ALTERATIONS
7.01 No alterations, additions or improvements to the demised
premises shall be made without first submitting a detailed des-
cription thereof to Lessor and obtaining Lessor's written
approval, such approval not t', l)e unr"'onably withheld. All
alterations, ;orlditions or illliement ,,'ade by Lessee and all
fixtures atta, "d to the demu;ed premises shall become the
property of L,':;sor and remain at the demised premises unless
otherwise agreed in writing. Lessee shall not erect or place, or
cause or allow to be erected or placed, any sinll, advertising
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matter, lettering, stand, booth, showcase or other article or
matter in or upon the demised premises and/or the premises of
which the demised premises are a part, without the prior written
consent of Lessor, wall dividing leased premises will be put in
at landlord's sole expense if upon landlord leasing the remained
of warehouse space to other tenants,' such consent not to be
unreasonably withheld. Any sign or related item under this
section must be in conformance with existing ordinances of the
City of Harrisburg or other ordinances or regulations, as
applicable.
7.02 Lessee shall not place weights anywhere beyond the safe
carrying capacity of the structure.
7.03 The fixtures and other alterations which are made on the
demised premises on behalf of Lessee which are capable of removal
must be removed at the option of the Lessor at the termination of
this lease. Lessee shall remove the fixtures and repair the
damage to the premises, if any, caused by such removal at
Lessee's expense. Lessor shall notify Lessee of its desire
regarding removal within sixty (60) days from the expiration of
t:he then current term.
7.04 Renovations undertaken for and on behalf of the Lessee by
the Lessor shall be undertaken in accordance with the approved
plans.
SECTION 8
RULES AND REGULATIONS
l'lny rules and regulations attached to this lease and such addi-
tions or modifications thereof as may from time to time be made
by Lessor, upon written notice to Lessor, shall be deemed a part
of this lease, as conditions, with the same effect as though
written herein, and Lessee also covenants that said rules and
regulations will be faithfully observed by Lessee, Lessee's em-
ployees, and all persons visiting the demised premises or
claiming under Lessee.
SECTION 9
FIRE OR OTHER CASUALTY
9.01 If, during the term of this lease, or any renewal or exten-
sion thereof, the building is so damaged by fire or other
casualty that the demised premises cannot be used for the
purposes for which the premises were leased, as described in
llrticle 1 (whether or not the demised premises are damaged),
then, at Lessor's option, the term of this lease upon written
notice from Lessor, given within thirty (30) days after the
occurrence of such damage, shall terminate as of the date of the
occurrence of such damage. In such case, Lessee shall pay the
rent to the time of such termination and Lessor may enter upon
and repossess the demised premises without further notice and
with the right to break in forcibly to take possession.
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9.02 If Lessor does not, elect to terminate the term of this
lease, Lessor will repair the building and Lessor may enter and
possess the demised premises for that purpose, and the rent shall
be apportioned and suspended while Lessee is deprived of the
demised premises; provided, however,. that if Lessee is only
deprived of a portion of the demised premises only an equitable
portion of the rent shall be suspended. ~
9.03 If the demised premises shall be only slightly damaged so
that such damage or the damage to the building does not render
the demised premises unfit for the purposes for which the
premises were leased, as described in Article 1, Lessor will
repair whatever portion, if any, of the demised premises which
may have been damaged and Lessee will continue in possession and
no rent will be apportioned or suspended.
9.04 If a dispute arises as to the amount of rent due under
Section 9, Lessee agrees to pay the full amount claimed by Les-
sor. Lessee shall, however, have the right to proceed by law to
recover the excess payment, if any.
9.05 In no event shall Lessor be obligated to repair, restore or
replace any fixtures, improvements, alterations or other property
for or on which Lessee carries or should have carried appropriate
insurances, regardless of whether or not Lessee receives any
insurance settlement on its claim or claims thereunder.
SECTION 10
LESSOR'S RIGHT TO ENTER
l,essee will permit Lessor, Lessor's agent or employees or any
other person or persons authorized by Lessor, in writing, to
inspect the demised premises at any time, and to enter the de-
mised premises if Lessor shall so elect, for the purpose of
making alterations, improvements or repairs to the building or
for any purpose in connection with the operation or maintenance
of the building, without depriving Lessee of the use of the
demised premises' unreasonably.
SECTION 11
INSURANCE AND INDEMNITY
11.01 Lessee agrees, at lessee's own cost and expense, Lessee
~,ill procure and continue in force the following insurance
coverage during the terms of this lease: 'general liability
insurance on an occurrence basis covering any and all claims for
injuries to persons occurring in, upon, or about the premises,
including any period during which Lessee is engaged in making
any repairs or alterations to the premises and including ~ll
damage to or from signs, glass awnings, fixtures, or other
appurtenances now or hereafter erected by, on or about the
premises during the term of this lease, with minimum limits of
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$250,000 for personal and bodily injury to, or death of, anyone
person; $250,000 for property damage; $500,000 for personal and
bodily injury as an aggregate amount for any incident; and such
insurance shall also include contractual liability coverage.
Such insurance shall be written with a company or companies of
recognized responsibility authorized to, engage in the business of
general liability insurance in the Commonwealth of Pennsylvania.
There shall be delivered to Lessor: (i) at least twenty (20},
days prior to the day upon which this lease shall commence, a
certif.icate of such insurance, and (ii) at least twenty (20) days
prior to the expiration of any policy, a renewal or replacement
of such insurance, with proof satisfactory to Lessor of the
payment of premiums therefore. All such policies shall name
Lessor (and any other party designated by Lessor) as an
additional insured, and shall contain a provision that such
policies may not be canceled or changed without at least ten (10)
days prior written notice to Lessor. In the event Lessee fails
to furnish such policies, Lessor may obtain such insurance, and
the premiums on such insurance shall be deemed additional rent to
be paid by Lessee to Lessor upon demand.
11.02 Lessee will not do or commit, or suffer or permit to be
done or committed, any act or thing whereby, or in consequence
whereof, the policy or policies of insurance of any kind on or in
connection with the building shall become void or suspended, or
in consequence whereof the insurance risk on the building
according to the insuring companies shall be rendered more
hazardous, and Lessee shall pay as additional rent any increase
of premiums for the entire building payable to any insurers,
whether the same or substituted insurers, caused by reason of the
breach of this covenant.
11.03 Lessor hereby agrees to carry appropriate insurance on the
demised premises and property, but shall not insure any property
(either real or personal) or improvements to the demised premises
that are to be insured by the Lessee under this section.
SECTION 12
REPAIRS AND CONDITION OF PREMISES
12.01 At the expiration or other determination of this lease,
I,essee shall leave the demised premises, and during the term will
keep the same, in good order and condition, ordinary wear and
tear and damage by fire or other casualty alone excepted; and for
that purpose and except as stated, Lessee will make all necessary
J:epairs and replacements. Lessee will use every reasonable pre-
caution against fire and will give Lessor prompt notice of any
damage to or accident upon the demised premises. Lessee will
also at all times remove all dirt, rubbish, waste and refuse from
the demised premises and at the termination of the term will also
have had removed all its property therefrom, to the end that
Lessor may again have and repossess the demised premises. Lessee
acknowledges that the demised premises are now in good order and
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condition. Except as expressly otherwise provided in this lease,
Lessor shall have no obligation to make any repairs, improvements
or alterations to the demised premises at any time.
12.02 Lessee shall be responsible for the costs of repairs or
maintenance to all integral components of the premises, including
but not limited to; the building roof, gutters, downspouts,
plumbing, heating and electrical system, restroom facilitiesI'
structural defects or repairs, and all common building areas,
unless such repairs are necessitated by the actions or negligence
of Lessor, its agents, employees, or invitees.
12.03 Lessee shall pay all ordinary repair and maintenance costs
to the grounds and the premises not covered elsewhere in this
Agreement, including but not limited to; snow removal,
maintenance of sidewalk and parkinglot areas, grass cutting
security and cleaning contracts.
12.04 Lessee shall be responsible for paying all utilities.
SECTION 13
COMPLIANCE WITH LAW
L,essee agrees to comply promptly with all laws and ordinances and
other notices, requirements, orders, regulations and recommenda-
tions (whatever the nature thereof may be) of any and all the
Federal, State, County or Municipal authorities or the Board of
Fire Underwriters or any insurance organizations, association or
companies, with respect to the demised premises and any property
appurtenant thereto.
SECTION 14
SERVICES
Lessee will keep in operation in the building for the use of
tenants, as the same may in Lessor's judgment be necessary,
elevator, heating apparatus between the first day of October of
each year and the first day of May next succeeding and furnish a
r'easonable amount of electricity, as' Lessor may determine
necessary for lighting said premises and operating customary
small business machines during ordinary business hours, reserving
the right, however, in case Lessee in the judgment of Lessor,
shall use electricit~ in an extravagant or unreasonable manner,
or in such volume as Lo be disproportionate to the use of other
tenants in the demised premises, of requiring Lessee to put in
meters and pay for the amount used according to the utility
company's appropriate rate schedule, or in default thereof, or
,my non-payment, the supply to be cut off. Lessee shall keep the
"rindows and doors of the demised premises, including those
opening on corridor ';, closed during the times that the heating
system is operatill<J. Lessee shall comply with all reasonable
rules and regulations from time to time promulgated by Lessor to
conserve such service. In case of accident, strikes, inability
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to obtain supplies, breakdowns, repairs, renewals or improvements
tel the building or replacement of machinery therein, or for other
cause pertaining to the building deemed sufficient by Lessor, the
operation of the elevator or other machinery or apparatus may be
changed or suspended. As to heat, electricity and elevator
sE!rvice, and any other services, Lessor. shall not be responsible
or liable in any way for any failure, interruption or inadequacy
in the quantity or quality or the same where caused by war, civi~
commotion, governmental restrictions, prohibitions or other regu-
lations, strikes, labor disturbances, inability to obtain ade-
quate supplies or materials, casualties, repairs, replacements,
elevator conversion or other causes beyond Lessor's reasonable
control whether similar or dissimilar to the foregoing.. Lessor
may discontinue all facilities, utilities and services furnished
by Lessor not expressly covenanted for herein, it beimg under-
stood that they constitute no part of the consideration for this
lease. Lessor shall not, in any event, be responsible for
furnishing any facility, utility, or service beyond the then safe
capacity, as determined by Lessor, of the equipment or structure
now in 11se. It is understood that Lessor shall have no obliga-
tion to make any repairs except within a reasonable time after
written notice to Lessor by Lessee respecting such repairs and
under the terms set herebefore by this lease.
SECTION 15
NOTICE OF ACCIDENT, ETC.
Lessee shall give Lessor prompt written notice of any a.:cident or
breakage or defects in the wires, plumbing or heating, elevators
or other apparatus.
SECTION 16
RELEASE OF LESSOR
Lesso~ shall not be held responsible for, and is hereby expressly
relieved from, any and all liability by reason of any injury,
loss or damage to any person or property in or about the demised
premises or the building whether the same be due to fire,
breakage, leakage, water flow, steam, gas, use, misuse, abuse of
elevators or defects therein, hatches, openings, defective con-
struction or condition anywhere in the building, failure of water
supply, Qr light or power defects in electric wiring, plumbing or
other equipment or mechanism, wind, lighting storm or any other
cause whatever whether the loss, injury or damage be to the
person or property of Lessee or any other person, and whether or
not due to any oversight, neglect or negligence of Lessor,
occurring before or after the execution of this lease. Lessee
further agrees to indemnify, defend and save Lessor harmless from
and against all claims by any employp' ~r invite of Lessee made
on aCCOUnt of such injury, loss or 0 'ge, including but not
limi ted to reasonable attorney's fees ,Hid other legal expenses.
This section shall not be construed to release Lessor from any
-t-iil'lt!I.~_,_ ,_ "'_~_~' __" _I ,m_~, ~
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-
.
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damages resulting to Lessee caused by gross
intentional acts, or willful misconduct of the
building manager, officers, agents or employees.
negligence,
Lessor, its
SECTION 17
REMEDIES LESSOR
17.01 If lessee does any of the following, which shall constitute
an event of default under this Agreement:
a) Shall be in default in the payment of any installment of
r,mt for a period of ten (10) days and the Lessor has pJ:ovided to
Ll~ssee by telephone, with written confirmation thereof" at least
forty-eight (48) hours notice that its payment has not been
received, and if Lessee does not make prompt and complete
payments as are required, upon receipt of such notice; or
b) Defaults in any of the covenants or conditions herein
contained for ten (10) days following written notice to the
L,essee of the default, and if Lessee does not remedy the default
within thirty (30) days of notification of such default or
diligently pursue remedy of the default; or
c) Fails to maintain building up to standards which existed
upon the signing of this lease.
d) Abandons the demised premises or removes or attempts to
remove Lessee's goods or property therefrom other than in the
ordinary course of business without having first paid to Lessor
in full all rent and charges that may have become due as well as
all which will become due thereafter; or
e) Becomes insolvent in any sense or makes an assignment
for the benefit of creditors or offers a composition or. settle-
ment to creditors or calls a meeting of creditors for any such
purpose, or if a petition in bankruptcy or for reorganization or
for an arrangement with creditors under any Federal or State act
is filed by or against Lessee, or if a bill in equity or other
proceeding is filed by any court for the appointment of a receiv-
er, trustee, liquidator, custodian, conservator or similar offi-
cial for any of Lessee's assets, or if any of the real or person-
al property of Lessee shall be levied upon by any sheriff, mar-
shal, or constable, provided. that any such proceeding shall not
have been dismissed within sixty days (60) after the commencement
of any such actions.
then, and in any such event, at the sole option of Lessor;
(1) The whole balance of rent and charges, whether or not
payable as rent, for the entire balance of the term
herein reserved and any renewal or extension thereof,
or any part of such rent and charges, and also all or
any costs and sheriff's, marshall's or constable's
commissions, whether chargeable to Lessor or Lessee,
including watchman's wages, shall be taken to be due
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and payable and in arrears as if by the terms of this
lease said balance of rent and such other charges and
expenses were on that day payable in advance; and/or
(2)
The term created by this lease shall terminate
become absolutely void, without notice and without
right on the part of Lessee to save the forfeiture
payment of any sum due or by other performance of
condition, term or covenant broken, and upon
termination, or also if there be no termination,
and
any
by
an:!,
such
a) Lessor may, without notice or demand, enter the
demised premises breaking open locked doors, if necessary, to
effect entrance, without liability for damages for such entry or
for the manner thereof, for the purpose of distraint or execution
or to take possession of the demised premises to minimize the
loss by reason of Lessee's default, and to take possession of and
sell under distraint the goods or chattels found upon said
premises. Whether or not any rent be due or unpaid, should
Lessee at any time remove, or attempt or indicate an intention to
remove, the goods or chattels from the premises other than in the
ordinary course of business, Lessee authorizes Lessor to follow
the same for a period of ninety days after such removal or
attempted or intended removal and to take possession of and cause
to be sold sufficient of such goods and chattels to meet the rent
and charges in arrears, as well as payable for the balance of the
full term then remaining or any part thereof; and in addition to
the above remedies or in connection therewith,
b) Any prothonotary or attorney of any court of record
may appear for Lessee in amicable actions for rent in arrears or
treated as if in arrears and charges, whether or not payable as
rent, and to sign for Lessee an agreement for entering in any
competent court an amicable action or actions in assumpsit for
the recovery of arrears of rent and rent treated as if in
arrears, and the said charges, and in any suits or in said
amicable actions to confess judgment against Lessee for all
arrears of rent and rent treated as if in arrears and the said
charges, and for interest and costs, together with an attorney's
commission of five percent (5%). Such authority shall not be
exhausted by one exercise thereof, but judgment may be confessed
from time to time as often as any rent in arrears or rent treated
as if in arrears or charges fall due and are not paid. Such
powers may be exercised during as well as after the expiration or
termination of the original term and during and at any time after
any extension or renewal of the term.
17.02 After reentry or retaking or recovering of the demised
premises, whether by way of termination of this lease or not,
Lessor may lease said premises or any part or parts thereof to
such person or persons upon such terms as may in Lessor's discre-
tion seem best for a term within or beyond the term of this
lease, and Lessee shall be liable for any loss of rent for the
balance of the term plus the costs and expenses of reletting and
balance of the term plus the costs and expenses of reletting and
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of' making repairs and alterations to the demised premises. Fur-
ther, Lessee, for itself and its successors and assigns, hereby
irrevocably constitutes and appoints Lessor as Lessee's agent to
collect the rents due and to become due from all subleases and
apply the same to the rent due hereunder without in any way
affecting Lessee's obligation to pay any unpaid balance of rent
due or to become due hereunder.
"
SECTION 18
REMEDIES CUMULATIVE
All remedies available to Lessor hereunder and.at law and in
equity shall be cumulative and concurrent. No determination of
this lease nor taking or recovering possession of the demised
premises shall deprive Lessor of any remedies or actions against
Ll~ssee for rent, for charges or for damages for the breach of any
covenant or condition herein contained, nor shall the bringing of
any such action for rent, charges or breach of covenant or condi-
tion, nor the resort to any other reI]ledy or right for the
recovery of rent, charges or demands for such breach be construed
as a waiver of release of the right to insist upon the forfeiture
and to obtain possession. No reentering or taking possession of
the demised premises, or making of repairs, alterations or im-
provements thereto, or reletting thereof, shall be construed as
an election on the part of Lessor to terminate this lease unless
written notice of such intention be given by Lessor to Lessee.
The failure of Lessor to insist upon strict and/or prompt per-
formance of the term, agreements, covenants and condi.tions of
this lease or any of them, and/or the acceptance of such perform-
ance thereafter shall not constitute or be construed as a waiver
of Lessor's right to thereafter enforce the same strictly ac-
cording to the tenor thereof in the event of a continuing or
subsequent default.
SECTION 19
INABILITY OF LESSOR TO DELIVER POSSESSION
Lessor shall not under any circumstances be liable to Lessee for
its inability to deliver possession of the demised prl~mises to
Lessee at any time either at or after the beginning of the term
hereof by reason of (a) the retention of the demised premises or
any part thereof by any other person; (b) the fact that the
renovation of the building is not complete and ready foroccu-
pancy; or (c) any cause beyond Lessor's inunediate control. The
term hereof shall not be affected by Lessor's inability to
deliver possession at the time fixed as the beginning of the
term, but the rental shall abate until such time as the said
premises are thereafter available for Lessee.
SECTION 20
EXCEPTED FROM PREMISES
20.01 The space. occupied by all hallways, passageways, elevators
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and other means of access and the public washrooms, although
within the demised premises as described hereinabove, shall be
taken to be exempted from this lease and reserved to Le~sor or to
the other tenants of the building and the same shall not be
considered a portion of the demised premises.
20.02 All ducts, pipes, wires or other equipment now used in the
operation of the building, or any part thereof, and any space
occupied thereby, whether or not within the demised premises as
described hereinabove, shall likewise be excepted and reserved
from the demised premises, and Lessee shall not remove or tamper
with or use the same and will permit Lessor to enter the demised
premises to service, replace, remove or repair the same.
SECTION 21
LEASE SUBORDINATED
'I'his lease shall be subj ect and subordinate to the lien of any
mortgages and ground rents and other encumbrances now existing or
hereafter created on or against the demised premises and/or the
building of which the demised premises form a part without the
necessity of any further instrument or act on the part of Lessee,
provided mortgagee agrees to recognize the lease of Lessee in the
E!Vent of foreclosure, but Lessee agrees upon demand of Lessor to
E!Xecute, acknowledge and deliver such instruments confirming that
the lease is subordinate as shall be desired by any mortgagee or
proposed mortgagee or by any person holding or about to acquire a
ground rent or other encumbrance. Lessee hereby appoints Lessor
attorney-in-fact of Lessee irrevocably to execute, acknowledge
cmd deliver any such instrument or instruments for and in the
name of Lessee and to record the same. Notwithstanding the
foregoing, the holder of any mortgage may at any time subordinate
its mortgage to this lease, without Lessee's consent, by notice
in writing to Lessee.
SECTION 22
CONDEMNATION
In the event that the building or any part thereof is' taken or
condenmed for a public or quasi-public use, this lease shall
t:erminate as of the date when possession is surrendered to the
condenmer, and the rent reserved hereunder shall abate and cease
proportionately for the balance of the term. In any such event,
I,essee waives all claims for leasehold damages against Lessor and
against the condenming authority or party and assigns the same,
if any, to Lessor.
SECTION 23
ZONING
Anything herein contained to the contrary notwithstanding, this
lease and all the terms, covenants and conditions hereof are in
all respects subject and subordinate, to all zoning laws and
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ordinances affecting the demised premises and/or the building and
Lessee agrees to be bound by the same. Further, Lessee does not
agree or represent that any licenses or permits which may be
required for the business to be carried on by Lessee in the
demised premises will be granted, or if granted will be continued
in effect or renewed. Any failure to obtain such licenses or
permits, or any revocation thereof, or failure to continue or
renew the same, shall not release Lessee from any obligations of
this lease or reduce the same, and nothing shall obligate Lessor
to assist in obtaining any such permit or license.
SECTION 24
BROKERS
The parties represent and warrant that this lease was negotiated
directly and not through or with any broker or other intermediary
purporting to act either for either party. The parties agree to
indemnify, protect, defend and save each other harmless from and
against any and all claims, costs, damages or expenses to which
each may be subjected as the result of any broker or other inter-
mediary claiming to have negotiated or brought about this lease.
SECTION 25
CONVEYANCE BY LESSOR
Lessee agrees that on the occasion of each sale or exchange of
Lessor's estate in the building, Lessee will look to each respec-
tive succeeding grantee or assignee for the performance of the
obligations of Lessor hereunder. Lessee further agrees that each
respective grantor and assignor so selling or exchanging shall be
and is hereby released and discharged from any and all liability
and obligation under this lease as Lessor or otherwise, except
liabilities in respect to the period up to the date of such sale
or exchange. Lessee further agrees that Lessor's liability under
this lease shall be limited to and include only the interests of
Lessor in the building of which the demised premises are a part.
SECTION 26
NOTICES
JUl notices required to be given under this Agreement shall be
given by registered mail, sent to the place specified below.
(6~:
Charliene and S',Brian Magaro
609 Magaro Road
Enola, Pennsylvania 17025
LESSEE:
Thomas E. Robey
332 Bonneybrook Road
Carlisle, Pennsylvania
Harrisburg, PA 17103
1\.s against Lessor the only admis" i hIe evidence that notice has
been given shall be a registered leturn receipt signed by Lessor.
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SECTION 27
SUCCESSORS AND ASSIGNS
AlLl rights and liabilities herein given to, or imposed upon, the
respective parties hereto shall extend to and bind the several
and respective heirs, executors, administrators, successors and
assigns of said parties; and if there shall be more than one
LE~ssee, they shall be bound jointly and severally by the terms",
covenants and agreements herein, and the word "Lessee" shall be
deemed and taken to mean each and every person or party mentioned
as a Lessee herein, be the same one or more; and, if there shall
bl~ more than one Lessee, any notice required or permitted by the
tE~rms of this lease may be given by or to anyone thereof, and
shall have the same force and effect as if given by or to all
thereof. No rights, however, shall inure to the benefit of any
assignee of Lessee unless the assignment to such assignee has
been approved by Lessor in writing as aforesaid.
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SECTION 28
LESSOR'S WAIVER
Lessor shall, upon written request from Lessee, execute a waiver
of its right to distrain upon or secure a lien against any equip-
ment, machinery or other personal property acquired or leased by
Lessee, if such property becomes subject to a perfected security
interest by any lending institution or equipment lessor.. Lessee;.
shall, in its written request for this waiver, specifically
enumerate the equipment, machinery or other personal property for
which the waiver is requested as well as the length of time for
which the perfected security interest shall be in full force and
effect.
SECTION 29
TITLES
The titles appearing in connection with various sections herein
are for convenience only. They are not intended to indicate all
of the subject matter in the text and they are not to be used in
interpreting this lease nor for any other purpose in the event of
any controversy.
SECTION 30
WHOLE AGREEMENT
It is expressly understood and agreed by and between all the
parties hereto that this lease and the riders attached hereto and
forming a part hereof set forth all the promises, agreements,
conditions, warranties, representations and understandings be-
tween Lessor and Lessee relative to the demised premises and this
leasehold, and that there are no promises, agreements, condi-
tions, warranties, representations on understandings, either oral
or written, between them other than as herein set forth. It is
further understood and agreed that, except as herein otherwise
provided, no subsequent alteration, amendment, understanding or
addition to this lease shall be binding upon Lessor or Lessee
unless reduced to writing and signed by them.
In Witness Whereof, the parties hereto have executed this lease
the day and year aforesaid.
Lessor:
Lessee:
Thomas E. Robey
Zi2>
by
(f101t1~ E'f2of::R.y
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(Name
(Names)
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(Name/Title)
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DELINQUENT TAXES AND UTILITIES FOR 413 BUCKTHORN
2000 taxes......................,.........,....... $3,992.24
2001 County taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .587.28
2001 City taxes..................................... .673.94
2001 School taxes................................. .2,435.17
Utilities owing....................................... .0.00
TOTAL........ ..... .~....$7,688.63
DELINQUENT TAXES AND UTILITIES FOR 412 S. 14m
2000 taxes......................................... .$193.55
2001 County taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22.64
2001 City taxes......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68.77
2001 School taxes..................................... 93.83
Utilities owing...................................... .15.02
TOTAL. . . . . . . . . . . . . . . . . . . . . . $3,938.00
November 2001 rent............................... .$1,046.83
December 2001 rent................................ .1,046.83
January 2002 rent................................. .1,046.83
TOTAL. . . . . . . . . . . . . . . . . . . . . . $3,140.49
S14,767.06
EXHIBIT IIBII
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06965 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
POWELL 0 D
--
VS
ROBEY THOMAS E ET AL
JASON VIORAL
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
ROBEY THOMAS E the
DEFENDANT , at 2034:00 HOURS, on the 18th day of December, 2001
at 322 BONNYBROOK ROAD
CARLISLE, PA 17013
by handing to
THOMAS ROBEY
a true and attested copy of COMPLAINT & NOTICE
together with
-
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
3.25
.00
.00
.00
21.25
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R. Thomas Kline
12/19/2001
OVID INC
A.D.
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Sworn and Subscribed to before By:
me this d./..,-t
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day of
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.CJ\.SB NO: 2001-06965 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
POWELL 0 D
VS
ROBEY THOMAS E ET AL
JASON VIORAL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
ROBEY KAREN D
the
..-
DEFENDANT
, at 2034:00 HOURS, on the 18th day of December, 2001
at 322 BONNYBROOK ROAD
CARLISLE, PA 17013
by handing to
THOMAS ROBEY (HUSBAND)
a true and attested copy of COMPLAINT & NOTICE
t0gether with
a,nd at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.,.-
6.00
.00
.00
.00
.00
6.00
So Answers:
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R. Thomas Kline
..
12/19/2001
OVID INC
me this
d.11,/-- day of
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A.D.
Sworn and Subscribed to before By:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
JENNlFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No, 01-6865
PAIGE PYNOS,
Defendant
Jury Trial Demanded
CERTIFICATE OF SERVICE
AND NOW, this t;j';f-h day ofJanuary, 2002, I, Robert A Lerman, a member of the
firm of GRIFFITH, STRI~RMAN, SOL YMOS & CALKINS, hereby certify that I have
this date served a copy of the INTERROGATORIES OF DEFENDANT TO PLAINTIFFS, SET
NO.1, via first-class mail, postage prepaid, addressed to the party or attorney of record as follows:
Henry F. Coyne, Esquire
Coyne & Coyne, P. C.
3901 Market Street
Camp Hill, PA 17011-4227
(plaintiffs' Counsel)
GRIFFITH, ST
SOL
~
BY:
obert A Lerman, Esquire
Attorney for Defendant, Paige Pynos
Supreme Court LD. No. 07490
110 South Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
O,D. POWELL,
VS.
THOMAS E. ROBEY and
KAREN D, ROBEY,
NO, 01'6965
CIVIL ACTION - LAW
Defendants
PRAECIPE
To the Prothonotary of Cumberland County:
Please enter judgment, by default, in favor of Plaintiff, O.D. Powell,
and against Defendants Thomas E. Robey and Karen D. Robey, in the amount of
$14,767.06 for their failure to file an Answer or otherwise plead to the
Complaint in this case within the time allowed by law,
A copy of the notice required by Pa, R.C.P, 237 is attached hereto and
it is hereby certified that said notice was mailed to Thomas E. Robey and Karen
D. Robey on January 28, 2002,
DATED:
r"(~"?{Clr-
YOFFE & YOFFE, P.C.
~,~,~
Attorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 07135
powell\magaro\defa~lt\praecipe
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Plaintiff
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
O,D, POWELL,
VS.
THOMAS E. ROBEY and
KAREN D. ROBEY,
NO. 01-6965
CIVIL ACTION - LAW
Defendants
NOTICE
TO: Thomas E. Robey, 322 Bonneybrook Road, Carlisle, PA 17013
DATE: January 28, 2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO EN'I:ER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR
DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT
WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR O~HER IMPORTANT
RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166 OR (800)990,9108
NOTICIA IMPORTANTE
TO: Thomas E. Robey, 322 Bonneybrook Road, Carlisle, PA 17013
FECHA DE NOTICIA: January 28, 2002
USTED ,NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR
MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10)
DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO
CONTRA USTED SJIN UNA AUDIENCIA Y USTED, PODRIA PERDER SU PROPIEDAD 0 OSTROS
DERECHOS IMPORTANTES. USTED DEBE LLEVAR ,ESTA NOTICIA A SUABOGADO EN SEGUIDA.
SI USTED NO TIENE ABOGADA 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO,
VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE
OBTEMBER LA AYUDA LEGAL,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166 OR (800)990-9108
BY~'~{~
~NORMAN M. YOFFE, ESQUIRE
Attorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 07135
This communication is from a debt collector and is an attempt to collect a
debt. Any information obtained from you will be used for debt collection
purposes.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
. O.D, POWELL,
.
Plaintiff
VS.
THOMAS E, ROBEy and
KAREN D. ROBEY',
NO. 01-6965
CIVIL ACTION - LAW
Defendants
NOTICE
TO: Karen D. Robey, 322 Bonneybrook Road, Carlisle, PA 17013
DATE: January 28, 2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO EN'I1ER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH 1JHE COURT YOUR
DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT
WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR O~HER IMPORTANT
RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166 OR (800)990-9108
NOTICIA IMPORTANTE
TO: Karen D, Robey, 322 Bonneybrook Road, Carlisle, PA 17013
FECHA DE NOTICIA: January 28, 2002
USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA F~~TADO EN TOMAR
MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10)
DIAS DESDE LA "FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO
CONTRA USTED SIN UNA AUD!ENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OSTROS
DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOG~JO EN SEGUIDA,
SI USTED NO TIENE ABOGADA 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO,
VAYA 0 LLAME iA LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE
OBTEMBER LA AYUDA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166 OR (800)990-9108
YOFFE
By
NO M, YOFFE, ESQUIRE
Attorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 07135
This communication is from a debt collector and is an attempt to collect a
debt, Any information obtained from you will be used for debt collection
purposes.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
O.D, POWELL,
VS.
THOMAS E. ROBEY and
KAREN D. ROBEY,
NO. 01-6965
CIVIL ACTION - LAW
Defendants
AFFIDAVIT OF NONMILITARY SERVICE
To the best of the plaintiff's and the undersigned's knowledge
information and belief I defendants are not in the military servi.ce as defined
and covered by 50 U.S.C.A. Section 501 et seq.
YOFFE & YOFFE, P.C.
Date:
to ( ),"7 [O'?-
By
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Attorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No, 07135
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