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HomeMy WebLinkAbout99-02341 more specifically 315 Bridge Street, first fioor retail space (newsstand and card shop), and basement storage room, 5, Pursuant to Paragraph 2 of the Lease Agreement (hereinafter referred to as 'Lease.), the Inlllslterm of the Lease was two (2) years beginning on Jonuary 27, 1997, The Lease was to conllnue unabated for six (6) consecullve years, and terminate on January 27, 2004, All acts referenced below occurred within the first two (2) years of the Lease, 6. Pursuant to Paragraph 3 of the Lease. rent was charged at $1,000,00 psr month for the first two (2) years and was sUbject to yearly Increases thereafter based upon the CPI Index, The Lease further specified that payments were due on the first of the month and that a late charge of $85,00 would be assessed on payments received after the 5'h of the month, 7, Paragraph 6 of the Lease provides that in addition to the monthly rental payment, Defendants were also responsible for the monthly water and trash bills, The water and trash bills came to Plaintiffs attention and Defendants therefore paid $85,00 per month to Plaintiff, $00,00 of which was for trash and $25,00 of which was for water. 8, Defendart~ are In breach of the Lease as they failed to pay rent and utilities for the months of September. October. Nc;; <,mber. and December of 1998, despite the fact that they continued to use the property and/or were obligated to make such payments, 9, Paragraph 7 of the Lease provides that Defendants agree not to do anything to or with the premises which is contrary to the law, 10, Defendants are in breach of the Lease by altering the nature of the business from a newsstand and card shop to a delicatessen and ice cream parlor without meeting appropriate Building Codes, and without notifying or obtaining prior approval from Plaintiff and/or prior approval from, among others, local and township authorities and health Inspectors, 11, Paragraph 7 of the Lease also specifies that Defendants agree not to do or permit any act that is Injurious to the premises, and pursuant to Paragraph 8 of the Lease. Defendants were required to use "due care" with the premises and to pay for all repairs to the premises. its contents, and to all other parts of Plalnllffs property that ore dsmaged by any act or lack of care on Defendants' part, Furthermore, Paragraph 8 specifies that the Defendants will be charged for cleaning and repairs upon vacating the property If needed, 12. Defendants ore In breach of the Lease as they failed to use duo care when they caused substantial damage to the property by deliberately turning off the electric circulating pumps that control the sewage In the property, thereby causing a sewage backup and spill-over Into various areas of the building, The carpet was substanllally damaged, as were bathroom walls In the basement apartment. 13. On or about September 4, 199B, Plaintiff requested that Defendants vacate the premises because of the above, 14, On or about September 30,1998, Defendants advised Plaintiff that they were terminating the Lease, effective October 31, 199B. 15, Defendants vacated the premises on or about October 31,1998. 16. On or about December 15, 1998, Plaintiff sold the above referenced property In "as Is" condition which reduced the fair market value of the property, 17, From the time Defendants vacated, until December 15, 199B, Plaintiff was unable to re-rent the premises, despite his best efforts to do so, 18. Plaintiff has incurred damages, cleanup and repair costs in the approximate amount of $5,640,00, calculated as follows: Unpaid Rent, Water and Trash (September) Unpaid Rent, Water and Trash (October) Unpaid Rent, Water and Trash (November) Unpaid Rent, Water and Trash (through December 15th) Late Fees ($85,OOx4 months) Diminished Value Due to Carpet Damage Cleaning Costs $1,085,00 $1,085,00 $1,085,00 $ 525.00 $ 340,00 $1,500,00 $ 300.00 Total $5,920,00 19, Plaintiff has demanded the above sum from Defendants but Defendants have failed and refused to pay the same, or any portion thereof, 'i, WHEREFORE. Plaintiff demands judgment against Defendants In the amount of $5,920.00, plus court costs and Interest from September 4, 1998, and such other relief as this Court deems fair and just. :! , ; t Respectfully submitted, ~ :~' JOHNSON, DUFFIE, STEWART & WEIDNER By:~~l,('),(b~ Kelrsten W, Davidson Richard W. Stewart I : 120272 \' ~ , , . , ) , t: VERIF/CA TlON I, Kevin L, Fuller, do verify that the statements made In the foregoing Complaint are true and correct to the best of my knowledge, Information and belief, I understand that false statements made herein are subject to the penslUes of 18 Ps,C,S, ~904 relsUng to unsworn fslslflcatlon to authorities, a~'~~4.". Kevin L. Fuller Dated: 3k~l9t'j S.p~Ol-9B 11:60A KL FULLER , ' , Beo 673 43Be P.04" J'URTHER AOREES TO PAY A LATE PAYMENT CHAROn OR RETURNED CHECK FEE OF HM2 ON LATE RENTAL PAYMENTS BEGINNING ON THP. 5TH DAY OF EACH MONTH, 4, SECURITY DEPOSIT: &. THE TENANT AOREES TO PAY A SECURITY DEPOSIT OF 51000,00 AND ONE MONTHS RENT UPON THE exECUTION OF THIS LEASE, THE SECURITY DEPOSIT SHALL BE HELD BY LANDLORD/KEVIN L. FULLERl FOR PAYMENT OF IMPROVEMENTS AND OTHER AMOUNTS DUE FROM TENANT TO LANDLORD FOR THE TENANT'S PERFORMANCE OF THIS LEASE AND AGAINST ANY DAMAGES TO THE PREMISES OR ANY OTHER PART OF THE LANDLORD'S PROPERTY BY TENANT AND GUEST, TENANT UNDERSTANDS AND AGREES THAT THE SECURITY DEPOSIT MAY NOT BE APPLIED AS RENT OR AGAINST ANY OTHER AMOUNT DUE FROM TENANT TO LANDLORD WITHOUT LANDLORD'S WRITTEN CONSENT, AND THAT THE MONTHLY WILL BE PAID EACH MONTH, INCLUDiNG LAST MONTH'S RENT OF THE LI:ASE TERM, WITHIN 60 DAYS FOLLOWING TERMINATION OF THIS LEASE, LANDLORD 8H/.LL RETURN THE SECURITY DEPOSIT LF.s~ ANY DEDI 'C'TION~ FROM IT ON ACCOUNT OF AMOUNTS OweD BY TENANT TO LANDLORD OR IMPROVEMENTS TO SAID SPACE, LANDLORD WILL MAIL CHECK PAYABLE TO TENANT OR PI:RSON SIGNING THIS I,EASE TO A FORWARDING ADPRF.SS WHICH MUST BE FURNISHED BY TENANT IN WRmNG. 5, TERIIIINA TION OF LEASE: ~, LANDLORD (KEVIN L. FULLERl MAY TERMINATE THIS LEASE WITHOUT CAUSE BY GIVING A 60 DAYS PRIOR WRITTEN NOTICE TO TENANT, BUT NO TERMINATION BY LANDLORD WITHOUT CAUSE MAY TAKE EFFECT DURING THE 2 YEAR INITrAL TERM, FOLLOWED BY THE CONSECUTIVE SIX YEAR TERM, DURING THE 8 YEAR TERM. THE TENANT MAY TERMINATE THIS LBASE WITHOUT CAUSE ONLY BY GIVING WRITTEN NOTICE TO THE LANDLORD AT LEAST SIX (l) FULL CALENDAR YEAR IN ADVANCE OF THE DATE ON WHICH TENANT WISHES TERMINATE, WHICH DATE MUST BE THE LAST DAY OF A CALENDAR MONTH, AND BY PAYING TO THE LANDLORD AT THE TIME THE SAID WRITTEN NOTICE IS GIVEN, ALL RENT Due TO THE TERMINATION DATE OF I,EASE, 6. UTILITIES: ~ TilE TENANT WILL PAY THE UTILITV COMPANY FOR WATRR, PHONE. EI.F.CTRle ANI> 'fR."S!' COI.LECTION OF S~l) A MONTH TO LANPLORIl, TENANT AGREES THAT LANDLORD MAY TEMPORARILY SUSPEND ANY UTILITY SERVICE, IN THE EVENT OF AN ACCIDENT OR TO PERMIT REPAIRS OR ALTERATIONS, LANDLORDlKEVIN L. FULLERl SHALL NOT BE LIABLE FOR FAILURE TO SUPPLY HEAT, AIR CONDITIONING, HOT WATER OR OTHER SERVICE OR UTILITY WHEN SUCH FAILURE SHALL BE BEYOND LANDLORD'S CONTROL. - 7, USE OF PREMISES: 4" TENANT AGREES TO USE THE PREMISES ONLY AS RETAIL SPACE, AND NOT TO ASSIGN THIS LEASE OR SUBLET THE PREMISES WITHOUT LANDLORD APPROVAL, TENANT AGREES NOT TO DO OR TO PERMIT ANY ACT OR PRACTICE INJURIOUS TO THE PREMISES. WHICH MY BE DISTURBING TO OTHER ADJOINING RESIDENTS WHICH MAY AFFECT THE INSURANCE ON THE PREMISES OR WHICH IS CONTRARY TO BY LAW. TENANT IS RESPONSIBLE FOR DEBRIS OUTSIDE THE PREMISES I,E, TRASH, PAPERS, ICE AND SNOW REMOVAL ETC. NOTE: NO PETS PERMITTED, Sop~Ol~Q8 11:50A KL FULLER , . 8150 1573 43015 P.05, 8, CARE OF PREMISES, ~ TENANT AOMES TO USE DUE CARll IN THE USE OF PREMISES, THE APPLlANCIJ THEREIN AND ALL OTHER PARTS OF LANDI.ORD'S PROPERTY, TO GIVE NOTICE TO LANDLORDIKEVIN 1.. FULLER), OF THE NEEI) FOR REPAIR THEREOF, AND TO PAY FOR ALL IUlPAIRS TO THE PREMISES, ITS CONTENTS, AND TO ALL OTHER PARTS OF LANDLORD'S PROPERTY WHICH ARE NECESSITATED BY ANY ACT OR LACK OF CARE ON THE PART OF TENANT OR VISITORS, ALL LEASE HOLD IMPROVEMENTS(AGREE TO BY LANDI,ORD) MADE BY TENANT IN THE SAID SPACE BECOME PROPERTY OF LANDLORD, LANDLORD WILL MAKE NECESSARY IUlPAIRS TO THE PREMISES WITH THE FINANCIAL WHERE WITH ALL, THEREIN WITHIN A REASONABLE TIME AFTER TENANT NOTIFIES LANDLORD FOR THE NEED FOR REPAIRS, TENANT WILL LEAVE PREMISES IN GOOD REPAIR.. WHEN V ACA TINO WILL BE CHARGED FOR CLEANING AND REPAIRS THEREOF. 9, DAMAGE BY FIRE: Q1. IF THE PREMISES ARE DAMAGED BY FIRE OR OTHER CASUALTY. LANDLORDlKEVIN 1.. FULLERl. UPON POLICE, FIRE AND INSURANCE COMPANY INVESTIGATION OF CAUSE AND FAULT. SHALL DETERMINE FINANCIAL RESPONSIBILITY, IF THE CASUALTY RENDERS THE PREMISES UNTENANATABLE,lN WHICH CASE. THIS LEASE SHALl. TERMINATE AND TENANT UPON PAYMENT OF ALL RENT TO THE DATE THE PREMISF.S IS SURRENDERED AND TE~ SHALL NOT BE LIABLE FOR ANY FURTHER RENT, 10, RIGHT OF ENTRY: "D(! LANDLORDlKEVIN 1.. FULLERl OR ANY PERSON AUTHORIZED BY HIM HAS THE RIGHT TO ENTER THE PREMISES AT REASONABLE TIMES TO INSPECT, MAKE REPAIRS OR ALTERATIONS AS NEEDED TO ENFORCE THIS l.EASE AND AFTER PROPER NOTICE IS GIVEN TO SHOW THE PREMISES TO PROSPECTIVE TENANTS AND OR BUYl'RS, I I, LANDLORDS REMEDlES:4 IN THE EVENT THAT TENANT SHOULD FAIL TO PAY RENT OR ANY OTHER SUM TO LANDLORDlKEVIN 1.. FULLERl WHEN DUE: SHALL DEFAULT IN ANY OTHER PROVISIONS OF THIS LEASE; OR HALL REMOVE OR ATTEMPT TO REMOVE ANY OF HIS POSSESSIONS FROM THE PREMISES BEFORE PA YING TO LANDLORD ALL RENT DUE TO THE END OF THIS !.EASE TERM, LANDLORD IN ADDITION TO ALL OTHER REMEDIES PROVIDED BY LAW MAY: A) DISTRAIN FROM RENT, TENANT WAIVES THc BENEFIT OF ALL LAWS OR USAOES EXEMPTING ANY PROPERTY FROM DISTRAINT FOR RENT AND WAIVES APPRAISEMENT OF ANY PROPERTY DISTRAINED. ' B) TERMINATE THIS LEASE. TENANT SPECIFICALLY WAIVES THE RlOHT TO THE THREE (3) MONTHS NOTICE AND TO FIFTEEN(IS) DAYS OR THIRTY(30) DAYS NOTICE REQUIRED BY THE ACT OF ASSEMBLY OF APRIL S, 19SI, P.L. 69 OR AMENDMENTS TO SAID ACT P,L. 69, AND AGREES THAT FIVE (S) DAYS NOTICE OF TERMINATION FOR BREACH OF LEASE SHALL BE SUFFICIENT IN THE EVENT THAT THE LANDLORD SHALL HAVE THE RIGHT TO COMMENCE AN AMICABLE ACTION OF EJECTMENT FOR THE PREMISES DESCRIBED HEREIN, AND TENANT HERESY AUTHORIZES AND EMPOWERS ANY ATTORNEY TO SIGN SAID AMICABLE ACTION OF EJECTMENT ON TENANTS BEHALF. IT SHALL BE LAWFUL FOR THE PROTHONOTARY OF THE COURT IN WHICH SUCH ACTION IS BROUGHT AND HE IS HEREBY REQUESTED BY THE TENANT TO ENTER SUCH AMICABLc ACTION OF EJECTMENT, ALSO TO ENTER JUDGMENT FOR THE LANDLORD BY CONFESSION AGAINST more specifically 315 Bridge Street, first floor retail space (newsstand snd card shop), end basement storage room. 5. Pursuant to Paragraph 2 or the Lease Agreement (herelnaftsr referred to as "Lease"), the Initial term of the Lease was two (2) years beginning on January 27, 1997. The Lease was to continue unabated for six (6) consecutive years, and terminate on January 27, 2004, All acts referenced below occurred within the first two (2) years of the Lease, 6, Pursuant to Paragraph 3 of the Lease, rent was charged at $1,000,00 per month for the flrst two (2) years and was subject to yearly Increases thereafter based upon the CPI Index, The Lease further specified that payments were due on the first of the month and that a late charge of $85.00 would be assessed on payments received after the 5'" of the month, 7. Paragraph 6 of the Lease provides that In addition to the monthly rental payment, Defendants were also responsible for the monthly water and trash bills, The water and trash bills came to Plaintiff's allentlon and Defendants therefore paid $85.00 per month to Plaintiff, $60,00 of which was for trash and $25.00 of which was for water. 8. Defendants are in breach of the Lease as they failed to pay rent and utilities for the months of September, October, November, and December of 1998, despite the fact that they continued to use the property and/or were obligated to make such payments. 9. Paragraph 7 of the Lease provides that Defendants agree not to do anything to or with the premises which is contrary to the law, 10. Defendants are in breach of the Lease by altering the nature of the business from a newsstand and card shop to a delicatessen and ice cream parlor without meeting appropriate Building Codes, and without notifying or obtaining prior approval from Plaintiff and/or prior approval from, among others, local and township authorities and health inspectors. 11. Paragraph 7 of the Lease also specifies that Defendants agree not to do or permit any act that is injurious to the premises, and pursuant to Paragraph 8 of the Lease, Defendants were required to use "due care" with the premises and to pay for all repairs to the premises, its contents, and to all other parts of Plaintiffs property that are damaged by any act or lack of care on Defendants' part, Furthermore, Paragraph 8 specifies that the Defendants will be charged for cleaning and repairs upon vacating the property If needed, 12, Defendants are In breach of the Lease as they failed to use due care when they caused substantial damage to the property by deliberately turning off the electric clrculallng pumps that control the sewage In the property, thereby causing a sewage backup and spill-over Into various areas of the building. The carpet was substantially damaged, as were bathroom walls In the basement apartment. 13, On or about September 4, 1998. Plalnllff requested that Defendants vacate the premises because of the above, 14, On or about September 30. 1998, Defendants advised Plaintiff that they were termlnallng the Lease, effective October 31, 1998. 15, Defendants vacated the premises on or about October 31.1998, 16, On or about December 15. 1998, Plaintiff sold the above referenced property In "as Is' condition which reduced the fair market value of the property. 17. From the time Defendants vacated, until December 15. 1998, Plaintiff was unable to re-rent the premises. despite his best efforts to do so, 18. Plaintiff has Incurred damages. cleanup and repair costs In the approximate amount of $5,6~9,90. calculated as follows: 6820.00 Unpaid Rent, Water and Trash (September) Unpaid Rent. Water and Trash (October) Unpaid Rent. Water and Trash (November) Unpaid Rent. Water and Trash (through December 15th) Late Fees ($85.00x4 months) Diminished Value Due to Carpet Damage Cleaning Costs $1,085.00 $1.085,00 $1,085.00 $ 525.00 $ 340.00 $1.500,00 $ 300,00 Total $5,920.00 " ' VERIFICA TION I, Kevin L. Fuller, do verify that the statements made In the foregoing Complaint sre true and correct to the best of my knowledge, information and belief, I understand that false statements made herein are subject to the penalties of 18 Pa,C.S, ~904 relating to unsworn falsification to authorities, ~~'~~4 Kevln L. Fuller Dated: 3ktlqq , SepMOl_9S 11: 50A KL FULLER seo 673 43Se P.03..' C!.I'f1!.L) ~ ftO,.. LEASE AGREEMENT THIS AGREEMENT, MADE AND ENTERED INTO THIS (18) DAY OF (JANUARY 1997 ) . - BY AND BETWEEN ( JIM '" KAREN LOUGHNEY I HEREINAFTER CALLED TENANT AND KEVIN L. PULLER , HEREINAFTER CALLED LANDLORD, WITNESSETH: WHEREAS, THE PARTIES HERETO INTENDING TO BE LEGALLY BOUND, DO ENTER INTO THIS LEASE AGREEMENT. SUBJECT TO AND MADE UPON THE FOLLOWING COVENANTS. TERMS AND CONDITIONS. I, PREMISES: THE LANDLORD HEREBY LEASES TO THE TENANT,10INTLY AND SEVERAU. Y.IF MORE THAN ONE, DO LEASE FROM LANDLORD THE PREMISES KNOWN AND NUMBERED AS (315 BRIDGE STREET,IST FLOOR RETAIL SPACE AND BASEMENT STORAGE ROOMo) 2, TERM: ~ THE TERM OF THIS LEASE SHALL CONSIST OF AN INITIAL 1W0 YEAR TERM. jiEOINNING ON THE 27TH DAY OF JANUARY 1997 THE TERM OF THIS LEASE SHALL COll/TlNUB UNABATED FOR A TERM OF SIX CONSECUTIVE YEARS, ... __ .UNDER THE PROVISIONS, RULES AND REGULATIONS SET FORTH HEREIN. AND TERMINATING 'I'1lli 2TfH OA YO.' JANlJAIU' 2004, THE FIRST MONTH RENT WILL BE DUE FEBRUARY 1ST 1997. r 3. RENTIRENTALINCREASE: ~. THE TENAJD: AGREES TO PAY TO TIlE LANDLORD IKEVIN L, FULLERl A MONTHLY RENT OF 51000,00 . FOR THE INITIAL COMPLETION OF THE EXISTING TWO YEAR TERM, UPON COMPLETION OF THE INIT1AL1WO YEAR TERM AND STARTING WITH JANUARY THE YEAR 1999 THE TENANT (JIM&KAREN LOUGHNEY AGREE TO PAY THE LANDLORD (KEVIN L. FULLER) A MONTHLY RENTAL OF 51000,00 AND YEARLY INCREASES BASED ON THE CPI INDEX TO BE CAPPED AT 5% A YEAR. PAYMENT WILL BE MADE ON THE 1ST DAY OF EACH MONTH IN ADVANCE AT P,O, BOX 216, CAMP HIll, PA. nOlI, OR AT SUCH PLACEAS THE LANDLORD REQUEST. TENANT , S..p~01-9B 11, SOA Kl. FULl.ER B60 673 43B6 JlURTHER AGREES TO PAY A LATE PAYMENT CHARGE OR RETURNED CHECK FEE OF IUJlJI ON LATE RENTAL PAYMENTS BEGINNING ON THE 5TH DAY OF EACH MONTH, 4, SECURITY DEPOSIT: ~ THE TENANT AGREES TO PAY A SECURITY DEPOSIT OF 51000,00 AND ONE MONTHS RENT UPON THE EXECUTION OF THIS LEASE, THE SECURITY DEPOSIT SHALL BE HELD BY LANDLORDIKEVIN L. FULl.ERl FOR PAYMENT OF IMPROVBMEN'fS AND OTHER AMOUNTS DUE FROM TENANT TO LANDLORD FOR THE TENANT'S PERFORMANCE OF THIS LEASE AND AGAINST ANY DAMAGES TO THE PREMJSES OR ANY OTHER PART OF THE LANDLORD'S PROPERTY BY TENANT AND GUEST, TENANT UNDERSTANDS AND AGREES THAT THE SECURITY DEPOSIT MAY NOT BE APPLIED AS RENT OR AGAINST ANY OTHER AMOUNT DUE FROM TENANT TO LANDLORD WITHOUT LANDLORD'S WRITTEN CONSENT. AND THAT THE MONTHLY WILL BE PAID EACH MONTH, INCLUDING LAST MONTH'S RENT OF THE LEASE TERM, WITHIN 60 DAYS FOLLOWING TERMINATION OF THIS LEASE. LANDLORD SH/.LL RETURN THE SECURITY DEPOSIT LF.5!! ANY OEDI leTION!! FROM IT ON ACCOUNT OF AMOUNTS OWED BY TENANT TO LANDLORD OIlIMPROVBMENTS TO SAID SPACE, LANDLORD WILL MAIL CHECK PAYABLE TO TENANT Oil PERSON SIGNING THIS LEASE TO A FORWARDING ADDRIlSS WHICH MUST BE FURNISHED BY TENANT IN WRITING, 5, TERMINATION OF LEASE: <1~ LANDLORD CKEVIN 1.. FULLERl MAY TERMINATE THIS LEASE WITHOUT CAUSE BY GIVING A 60 DAYS PRIOR WRITTEN NonCE TO TENANT, BUT NO TERMINATION BY LANDLORD WITHOUT CAUSE MAY TAKE EFFECT DURING THE 2 YEAR INITIAL TERM, FOLLOWED BY THE CONSECUTIVE SIX YEAR TERM, DURING 11IE 8 YEAR TERM. THE TENANT MAY TERMINATE THIS LeASE WITHOUT CAUSE ONLY BY GIVING WRITTEN NOTICE TO THE LANDLORD AT LEAST SIX (1) FULL CALENDAR YEAR IN ADVANCE OF THE,DATE ON WHICH TENANT WISHES TERMINATE, WHICH DATE MUST BE 11IE LAST DAY OF A CALENDAR MONTH. AND BY PAYING TO 11IE LANDLORD AT THE TIME THE SAID WRlTTENNOTICE IS GIVEN, ALL RENT DUE TO THE TERMINATION DATE OF I.FASE. 6. UTILITIES: ~ TilE TENANT WILL PAY THE UTILITY COMPANY FOR W A TRR. PHONF.. F.I,F.CTRIC AND 'fR."S!! COLLECTION OF $60 A MONTH TO LANDLORIl. TF.NANT AGRF.ES THAT LANDLORD MAY TEMPORARILY SUSPEND ANY UTILITY SERVICE, IN THE EVENT OF AN ACCIDENT Oil TO PERMIT REPAIRS OR ALTERATIONS, LANDLORDIKEVIN L. FULLERI SHALL NOT BE LIABLE FOil FAILURE TO SUPPLY HEAT, AIR CONDITIONING, HOT WATER OR OTHER SERVICE OR UTILITY WHEN SUCH FAILURE SHALL BE BEYOND LANDLORD'S CONTROL. - 7. USEOFPREMISES: 4" ' TENANT AGREES TO USE 11IE PREMISES ONLY AS RETAIL SPACE, AND NOT TO ASSIGN THIS LEASE OR SUBLET THE PREMISES WITHOUT LANDLORD APPROVAL. TENANT AGREES NOT TO DO OR TO PERMIT ANY ACT OR PRACTICE INJURIOUS TO THE PREMISES, WHICH MY BE DISTURBING TO OTHER ADJOINING RESIDENTS WHICH MAY AFFECT THE INSURANCE ON THE PREMISES OR WHICH IS CONTRARY TO BY LAW. TENANT IS RESPONSmLE FOR DEBRIS OUTSIDE THE PREMISES ),E, TRASH. PAPERS,ICE AND SNOW REMOVAL ETC. NOTE: NO PETS PERMITTED, S8p~01-98 11:60A KL FULLER 860 673 4386 P.06., 8, CARE OF PREMISES, ~ TENANT AGREES TO USE DUE CARE IN THE USE OF PREMISES. THE APPLlANCU THEREIN AND ALL OTHER PARTS OF LANDI.ORD'S PROPERTY, TO GIVE NOTlj:E TO LANDLORD/KEVIN L FULLERI. 01' THE NEED FOR REPAIR THEREOF. AND TO PAY FOR ALL REPAIRS TO THE PREMISES. ITS CONTENTS. AND TO ALL OTHER PARTS OF LANDLORD'S PROPERTY WHICH ARE NECESSITATED BY ANY Acr OR LACK OF CARE ON THE PART OF TENANT OR VISITORS, ALL LEASE HOLD IMPROVEMENTS(AGREE TO BY LANDl.ORD) MADE BY TENANT IN THE SAID SPACE BECOME PROPERTY OF LANDLORD, LANDLORD WILL MAKE NECESSARY REPAIRS TO THE PREMISES WITH THE FINANCIAL WHERE WITH ALL, THEREIN WITHIN A REASONABLE TIME AFTER TENANT NOTIFIES LANDLORD FOR THE NEED FOR REPAIRS. TENANT WILL LEAVE PREMISES IN GOOD REPAIR. WHEN VACATING WILL BE CHARGED FOR CLEANING AND REPAIRS THEREOF, 9. DAMAGE BY FIRE: ~. IF THE PREMISES ARE DAMAGED BY FIRE OR OTHER CASUALTY. LANDLORDIKEVIN L FULLERI. UPON POLICE. FIRE AND INSURANCE COMPANY INVESTIGATION OF CAUSE AND FAULT. SHALL DETERMINE FINANCIAL RESPONSIBILITY, IF THE CASUALTY RENDERS THE PREMISES UNTENANATABLE,IN WHICH CASE. THIS LEASE SHALL TERMINATE AND TENANT UPON PA ThiENT OF ALL RENT TO THF. DATE THE PREMISF.S IS SURRENDERED AND TE~ SHALL NOT BE LIABLE FOR ANY FURTHER RENT. 10, RIGHT OF ENTRY: ~ LANDLORD/KEVIN L FULLERI OR ANY PERSON AUTHORIZED BY HIM HAS THE RIOJiT TO ENTER THE PREMlSES AT REASONABLE TIMES TO INSPEcr. MAKE REPAIRS OR ALTERATIONS AS NEEDED TO ENFORCE THIS LEASE AND AFTER PROPER NOTICE IS GIVEN TO SHOW THE PREMISES TO PROSPECTIVE TENANTS AND OR BUYERS, II. LANDLORDS REMEDIES:4 IN THE EVENT THAT TENANT SHOULD FAIL TO PAY RENT OR ANY OTHER SUM TO LANDLORDCKEVIN L. FULLERI WHEN DUE: SHALL DEFAULT IN ANY OTHER PROVISIONS OF THIS LEASE; OR HALL REMOVE OR ATIEMPT TO REMOVE ANY OF HIS POSSESSIONS FROM THE PREMISES BEFORE PAVING TO LANDLORD ALL REi'll' DUE TO THE END OF THIS LEASE TERM, LANDLORD IN ADDITION TO ALL OTHER REMEDIES PROVIDED BY LAW MAY: A) DISTRAIN FROM RENT. TENANT WAIVES THE BENEFIT OF ALL LAWS OR USAGES EXEMPTING ANY PROPERTY FROM DISTRAINT FOR RENT AND WAIVES APPRAISEMF.Nl' OF ANY PROPERTY DlSTRAINED. . B) TERMINATE THIS LEASE, TENANT SPECIFICALLY WAIVES THE RIOHTTO THE THREE (3) MONTHS NOTICE AND TO FIFTEEN(15) DAYS OR THlRTY(30) DAYS NonCE REQUIRED BY THE Acr OF ASSEMBLY OF APRIL 5, 1951, P.L. 69 OR AMENDMENTS TO SAID Acr P,L, 69, AND AGREES THAT FIVE (5) DAYS NOTICE OF TERMINATION FOR BREACH OF LEASE SHALL BE SUFFICIENT IN THE EVENT THAT THE LANDLORD SHALL HAVE THE RIGHT TO COMMENCE AN AMICABLE ACTION OF EJECTMENT FOR THE PREMISES DESCRIBED HEREIN. AND TENANT HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY TO SIGN SAID AMICABLE AcrlON OF EJECTMENT ON TENANTS BEHALF. IT SHALL BE LAWFUL FOR THE PROTHONOTARY OF THE COURT IN WHICH SUCH ACTION IS BROUGHT AND HE IS HEREBY REQUESTED BY THE TENANT TO ENTER SUCH AMICABLE AcrlON OF EJECTMENT. ALSO TO ENTER JUDGMENT FOR TIlE LANDLORD BY CONFESSION AGAINST . .Johnson, Duffie, Stewart & Weidner By: Richard W, Stewart I,D, No, 18039 By: Keirsten W. Davidson I,D, No, 78243 301 Market Street p, 0, Box 109 Lcmoyne, Pennsylvania 17043-0109 (717) 761-4540 r, ,.fILE COpy Allomeys for Plaintiff' , . '.: ,\ >' ,II ,-, . " , .,;1 ,I ,...' KEVIN L. FULLER, Plalnliff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 99-2341 CIVIL TERM CIVIL ACTION - LAW v. JAMES G, LOUGHNEY and KAREN A. LOUGHNEY, Defendants PLAINTIFF'S REPL Y TO NEW MA TTER. 1, DenIed as stated, By way of further answer, after Defendants bElgan leasing space In Plaintiff's building, another tenant, Tim Fisher (the Property Manager) moved Into the basement apartment of Plaintiff's building for approximately four and a half (4)1;,) months, Defendants' space and the basement apartment were on the same electrical meter, Defendants were aware of this arrangement, and In fact, prior to Mr. Fisher moving Into the basement apartment, Plaintiff asked PP&L to estimate the monthly electric charges for that space so that Mr, Fisher could reimburse Defendants. PP&L estimated the monthly charges at $20,00, however Defendants and Mr. Fisher agreed that he would pay $40.00 per month for the four and a half (4)1;,) month period that he occupied that space, 2. DenIed as stated, At no lime did Plaintiff hook up electricity from another unit in the building to Defendants' electrical meter without their consent, approval or knowledge. The electrical Wiring system In Plaintiff's building was In place prior to Plaintiff's purchase of the building, and Plaintiff made no modification and/or alteration to that system during his period of ownership, Defendants were aware that the basement apartment was also connected to their electric meter and In fact Defendants charged the tenant of the basement apartment $40,00 per month for the electricity, With respect to the air conditioning ducts, In approximately July of 1997, Defendants telephoned Plaintiff to report that the air conditioning In their unit was malfunctioning. Plaintiff immediately consulted with sica to Inspect and repair the air conditioning , , , system, Between July of 1997 and August of 1997, SICD allempted to repair the existing air conditioning system with no success. In approximately September of 1997, Plaintiff replaced the entire air conditioning system In Defendants' unit at an approximate cost to Plaintiff of $3,000,00, During this replacement process, SICD ran the air conditioning ducts to Defendants' space and also ran a duct to the basement apartment of the building, Immediately after the air conditioning replacement system was Installed, the tenant In the basement apartment, Tim Fisher telephoned Plaintiff to advise that cold air was coming out of his vents, over which he had no control. Plaintiff advised Mr, Fisher to close his vents and contact SICD to determine why the cold air was filtering down Into the basement apartment. It was not until then that Plaintiff discovered SICD had run a duct to the basement apartment. Plaintiff Immediately directed SICD to remove the duct and within days that was accomplished, At no time did Plaintiff knowlngly and/or Intentionally connect air conditioning ducts from Defendants' air conditioning system to any other units In Plaintiff's building, 3. Plaintiff lacks knowledge or Information sufficient to form a belief as to the truth or falsity of this allegation and demands strict proof thereof at the trial of this maller, 4, Admitted In part. Denied In part, It Is specifically denied that Plaintiff hooked up other units In the building to Defendants' electrical meter without Defendants' consent. Furthermore, It Is denied that the damage caused by Defendant's intentional and malicious act of turning off the sewage pumps Is Plaintiff's responsibility, By way of further answer, Defendants did not turn off their electric meter, but rather Defendants turned off the circulating pumps for the sewage that affect the entire building, This Intentional act caused dangerously high levels of methane gas to develop in the building thereby jeopardizing the health and safety of each and every tenant. It Is admllled that Plaintiff failed to warn Defendants that damage to other units might result If Defendants turned off the circulating pumps to the sewage system, By way of further explanation, Plaintiff could never have Imagined that Defendants would actl:!o maliciously as to turn off the pumps that control the sewage for the entire building, 5, Admitted In part. Denied In part, Ills admllled that Plaintiff placed his Initials on the Lease after Defendants signed the Lease. Ills specifically denied that the Lease has been altered by Plaintiff's actions, , ? 6, Denied. It Is specifically denied that Plslntlffs Initials on the Lease constitute a material alteration, or that Plaintiffs Intent was to refiect payment of $1.000,00 security deposit by Defendants, It Is further denied that Plaintiff egreed to wslve the payment of the security deposit by Defendants, ' 7, Denied. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY:.!irL~ W,~ Kelrsten W, Davidson Richard W, Stewart :124106 , 'J KEVIN L, FULLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs, JAMES G, LOUGHNEY and KAREN A. LOUGHNEY, No, 99-CIV-2341 Defendants NOTICE TO PLEAD TO: KEVIN L. FULLER 15 TOLL GATE LANE AVON, CT 06001 You are hereby notified to file a written response to the enclosed ANSWER AND NEW MATTER OF DEFENDANTS, JAMES G, LOUGHNEY AND KA.fIEN A. LOUGHNEY within twenty (20) days from service hereof or a judgment may be entered against you, Respectfully submitted, oseph ,O'Brien, Esquire Attorney I.D, #22103 Oliver, Price & Rhodes P.O, Box 1409 Scranton, PA 18501-1409 (717) 343-6581 C'..I1C'ol_."'....~.... 8, Denied as ststed. In further answer, it is alleged that Defendants have paid all chargas through September 1998 and, further, that there were no charges for November and December of 1998 because the lease terminated on October 30, 1998, The lease terminated because Plaintiff wrongfully evicted Defendants from the premises and because Plaintiff materially breached said lease by: (1) wrongfully evicting Defendants; and (2) by wrongfully connecting an electric circulating pump from another unit to Defendants' electric meter and an air conditioning ducts from another unit to Defendants' air conditioning system, 9, Admitted, 10. Denied as stated. In further answer it is alleged that Defendants lawfully used said premises. 11. Admitted, 12. Denied as stated, In further answer it is alleged that Plaintiff had hooked up the electric circulating pump to Defendants' electricity without Defendants' consent or knowledge and that when Defendants turned off the electricity in the basement because it was no longer being used the electric circulating pumps stopped functioning. Defendants also allege that there was no damage to the carpet, bathroom walls in the basement apartment, 13, Denied as stated. In further answer it is alleged that Plaintiff had no legal basis to cancel the Lease on September 4, 1998. c.\Ulsc.c......-.................. -3- 14, Admitted, 15, Admitted, 16-18, Defendants lack knowledge or information sufficient to form a belief as to the allegations of these paragraphs and demands strict proof thereof at the trial of this matter, NEW MATTER 1, The agreement between the Plsintiff and Defendants was that the Defendants would pay for the electricity in the area they rented only and that all other units in the building would be on separate meters, 2, Without the consent, approval or knowledge of the Defendants, Plaintiff hooked up electricity from another unit in the building to the Defendants' electrical meter and air conditioning ducts from another unit to Defendants' air conditioning system, 3. This caused additional expense to the Defendants in an amount in excess of $1,000.00 and Plaintiff claims is set-off for this amount, 4, In addition, any damage to other units in Plaintiff's premises occurring when Defendants turned off their electrical meter is the responsibility of Plaintiff in that Plaintiff hooked up the other units to Defendants electrical meter without their consent or approval and that Plaintiff failed to warn Defendants that damage to other units might result if they turned off their electrical meter. C;_""I~AIIO""''''''''''' -4- FltEf>-O:.'F!Cf: OF TI~ C!~TI';r,'0TAAY 99 JUL -9 PH 3: 32 CUMf3i:RJ: ,'''; COUNTY PENN5Yl.ViWV\ -,. t' l'- .,0, ~ c::': . ~ -..) , ~ -.; ~ , . , " ry ~ , C ,- . I . " () ~ -" I . ~ -') -,:_, ~ .t. G' ;:; ,n, e;.... 'b,. -- ' KEVIN L. FULLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plsintiff CIVIL ACTION. LAW vs, No. 99-CIV-2341 JAMES G, LOUGHNEY snd KAREN A, LOUGHNEY, Defendants ANSWER AND NEW MATTER OF DEFENDANTS, JAMES G, LOUGHNEY AND KAREN A. LOUGHNEY, TO COMPLAINT OF PLAINTIFF, KEVIN L, FULLER 1, Admitted. 2, Denied as stated. In further answer, Defendants James G. Loughney and Karen A, Loughney reside at in Lynchburg, Virginia, 3, Admitted, 4, Denied as stated. In further answer it is alleged that the Plaintiff's initials were not on the agreement when signed by the Plaintiff and that the initialing of the agreement by Plaintiff constitutes a material alteration of the agreement as is more particularly set forth in the Defendants' New Matter. 5, Admitted. 6. Admitted, 7. Denied as stated, In further answer it is alleged that Defendants were to pay utility companies and not the landlord for said charges, C.IIoIIIC\L...,......,A.........'.... 8. Denied as stated, In further answer, it is alleged that Defendants have paid all charges through September 1998 and, further, thst there were no chargss for November and December of 1998 because the lease terminated on October 30, 1998. The lesse terminated because Plsintiff wrongfully evicted Defendants from the premises and because Plaintiff materislly breached ssid lease by: (1) wrongfully evicting Defendants; and (2) by wrongfully connecting an electric circulating pump from another unit to Defendsnts' electric meter and an air conditioning ducts from another unit to Defendants' air conditioning system, 9, Admitted. 10, Denied as stated, In further answer it is alleged that Defendants lawfully used said premises, 11. Admitted. 12. Denied as stated, In further answer it is alleged that Plaintiff had hooked up the electric circulating pump to Defendants' electricity without Defendants' consent or knowledge and that when Defendants turned off the electricity in the basement because it was no longer being used the electric circulating pumps stopped functioning, Defendants also allege that there was no damage to the carpet, bathroom walls in the basement apartment. 13. Denied as stated, In further answer it is alleged that Plaintiff had no legal basis to cancel the Lease on September 4, 1998. C:lM~.A..._,""li'ttto. -3- - 14. Admitted, 15, Admitted. 16.18, Defendants lack knowledge or information sufficient to form a bEdief as to the allegations of these paragraphs and demands strict proof thereof at the trial of this matter, NEW MATTER 1. The agreement between the Plaintiff and Defendants was that the Defendants would pay for the electricity in the area they rented only and that all other units in the building would be on separate meters. 2. Without the consent, approval or knowledge of the Defendsnts, Plaintiff hooked up electricity from another unit in the building to the Defendants' electrical meter and air conditioning ducts from another unit to Defendants' air conditioning system, 3. This caused additional expense to the Defendants in an amount in excess of $1,000.00 and Plaintiff claims is set-off for this amount, 4, In addition, any damage to other units in Plaintiff's premises occurring when Defendants turned off their electrical meter is the responsibility of Plaintiff in that Plaintiff hooked up the other units to Defendants electrical meter without their consent or approval and that Plaintiff failed to warn Defendants that damage to other units might result if they turned off their electrical meter, C,'\MI~"'''''..'''I"f''''' -4- ~ 0' r:: ,.... ,- ;:-: u(' N :'~1 ~~ ():; <.../ :of": , 1'" li:~' ." '(:1(~ 0.. L~~ ~J 6U C> 1'" .,'1.'1 U.lU- ",:/ -' - ; I ~ ?': __L\I ~" .Hd u..... :::1 {.~: '.'!::-'- -', .' LL. en "oJ 0 <1' <-> -' ...., ~... !,:"''7;'~'r,.. ",;.: ";:~'-,-.", ,,>>'," .....~,.,.~,'.,,'.'y,' 'J.. .l <'(, ~,' Ol L. \I~l:.- j C;; SENDER: j.!! . Complete Ilems 1 and/or 2 for addlllonal services. '''' . Complete Ilems 3. 48, and 4b. " I: . Print your. name and address on the reverse 01 this lorm so lhal we can ralum lhls .. caldloyou. , ~ . Atlach thiS lorm 10 Ihe frOOI of the mallplece. or on the back II apace does nOI I!! """'".. cP . Wrile 'Return R9Colpt Requested"on the mailpl8te boJow the artiCle number. l.c - The Return Receipl WIll show 10 whOm Ifle article was dellve,ed and the dale - delivered. J! 3. Article Addressed to: IG ;; ,'ll. IE [8 , , ; , . , 5: Received By: (Print Name) 8. Addres and fee Ii 'i: ell 'll. ;; ~ 0: e = ]if Certified ;; 0:, D Insured '" c DCCD ;; , = I - .l! I = i 0 ... I ..., , c J G ~ Karen A. Loughney 507 Quail Roost Drive Forest, VA 24551- 1033 PS Form 3811, December 1994 , , 102595-98.6.0229 Domestic Return Receipt \ '.. I C;; SENDER: :E . Complelo Items 1 8nd'or 2 for addillonal services. I '" . Complete Ilems 3. 4a. and 4b. !11 . Prlnl your name and 801r855 on Ihe reverse of this lorm 10 thaI we can relum thiS I z: card 10 you. ~ . Attach lhls lorm 10 the Ironl ollhe msllpiace. or on the back II space does no! I!! """',,' . Write .Rerum RBC8lpt Requested" on Ihe mailplllce below the artiCle number. .!! . The ROlum Receipt will show 10 w/'lom lhe artk:le waG delivered and the oole I = defrvered. ~ 5: 3. Article Addressed to: IJj I.!! '0. IE :j lis. Received By: (Print Name) I ~ 6. Sign e: (Addressee or =' r ~ ... PS Form 38;1, December 1994 ~":-r~':".''''''':'''').:,~.':'r:;~t.';","'.J'' ,..'....;.,.,- ~ "~' "-"""'~.'.H:. ." '!' ...~..,.. q -.U'fJ James G. Loughney 507 Quail Roost Drive Forest. VA 21551-1033 ......",.. "'''"' "..~....., "~.~'''' Iv.L I also wish 10 receive Ihe following services (for an extra tee): 1, 0 Addressee's Address 2. D ReSlncted De/Ivery Consult postmaster for fee. 40. ~~1umber .331 1/ J 4b. Service Type o Registered o Express Mail o Rerum Receipt lor Me 7. Dale 01 Delivery 8. Addressee's Add and fse is paid) '';':':'~;~;i,",,~~,\ I .... .... 4 I I I I .iiI e : ell: ~ ~, 0: e = ;; , 0: '" , C ~i i I - I .l! = I ~ ... lii ~I I \ 1 !......."..... . .Johnson, Duffie, Stewart & Weidner By: Richard W. Stewart 1.0. No. 18039 By: Keirsten W. Davidson 1.0. No. 78243 301 Market Street P. O. Box 109 Lernoync, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KEVIN L. FULLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2341 CIVIL TERM CIVIL ACTION -LAW v. JAMES G. LOUGHNEY and KAREN A. LOUGHNEY, Defendants PLAINTIFF'S REPL Y TO NEW MA TTE8 1. Denied as stated. By way of further answer, after Defendants began leasing space in Plaintiffs building, another tenant, Tim Fisher (the Property Manager) moved into the basement apartment of Plaintiffs building for approximately four and a half (4)1,) months. Defendants' space and the basement apartment were on the same electrical meter. Defendants were aware of this arrangement, and in fact, prior to Mr. Fisher moving into the basement apartment, Plaintiff asked PP&L to estimate the monthly electric charges for that space so that Mr. Fisher could reimburse Defendants. PP&L estimated the monthly charges at $20.00, however Defendants and Mr. Fisher agreed that he would pay $40.00 per month for the four and a half (4Y:.) month period that he occupied that space. 2. Denied as stated. At no time did Plaintiff hook up electricity from another unit In the buildIng to Defendants' electrical meter without their consent, approval or knowledge. The electrical wiring system in Plaintiffs building was in place prior to Plaintiff's purchase of the building, and Plaintiff made no modification and/or alteration to that system during his periOd of ownership. Defendants were aware that the basement apartment was also connected to their electric meter and in fact Defendants charged the tenant of the basement apartment $40.00 per month for the electricity. With respect to the air conditioning ducts. In approximately July of 1997, Defendants telephoned Plaintiff to report that the air conditioning in their unit was malfunctioning. Plaintiff immediately consulted with SICO to inspect and repair the air conditioning . system. Between July of 1997 and August of 1997, SICO attempted to repair the existing air conditioning system with no success. In approximately September of 1997, Plaintiff replaced the entire air conditioning system In Defendants' unit at an approxlmale cost to Plaintiff of $3,000.00. During this replacement process, slce ran the air conditioning ducts to Defendants' space and also ran a duct to the basement apartment of the building. Immediately after the air conditioning replacement system was Installed, the tenant In the basement apartment, Tim Fisher telephoned Plaintiff to advise that cold air was coming out of his vents, over which he had no control. Plaintiff advised Mr. Fisher to close his vents and contact slce to determine why the cold aIr was filtering down Into the basement apartment. It was not until then that Plaintiff discovered slce had run a duct to the basement apartment. Plaintiff Immediately directed slce to remove the duct and within days that was accomplished. At no time did Plaintiff knowingly and/or intentionally connect air conditioning ducts from Defendants' air conditioning system to any other units in Plaintitrs building. 3. Plaintiff lacks knowledge or Information sufficient to form a belief as to the truth or falsity of this allegation and demands strict proof thereof at the trial of this matter. 4. Admitted /n part. Denied in part. It is specifically denied that Plaintiff hooked up other units In the building to Defendants' electrical meter without Defendants' consent. Furthermore, it is denied that the damage caused by Defendant's intentional and malicious act of turning off the sewage pumps is Plaintitrs responsibility. By way of further answer, Defendants did not turn off their electric meter, but rather Defendants turned off the circulating pumps for the sewage that affect the entire building. This intentional act caused dangerously high levels of methane gas to develop in the building thereby jeopardizing the health and safety of each and every tenant. It Is admitted that Plaintiff failed to warn Defendants that damage to other units might result if Defendants turned off the circulating pumps to the sewage system. By way of further explanation, Plaintiff could never have imagined that Defendants would act so maliciously as to turn off the pumps that control the sewage for the entire building. 5. Admitted in part. Denied in part. It is admitled that Plaintiff placed his Initials on the Lease after Defendants signed the Lease. It is specifically denied that the Lease has been altered by Plaintitrs actions. VERIF/CA TION I, Kelrstan W. Davidson, attorney for Kevin L. Fuller, hereby certify that the matters asserted herein constitute matters of record, legal arguments or matters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. 94904. " -,,>.., j": t r~, r;;i,' .-- ;.~<, ; <~: I,', '",' I/t~ ,1,"'- in r" L~'i ~(, t'.':' ;-,J l~'t~ ~~" Keirsten . Davidson l~ ':,:, H,;~ li. r~): ~~ t.'i'I/'( r" r~ I':/} i!t '1~ .. Date: June 25, 1999 KEVIN L. FULLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 99-2341 CIVIL TERM V. JAMES G. LOUGHNEY KARAN A. LOUGHNEY IN RE: ARBITRATION ORDER OF COURT AND NOW, August 9,1999, the appointment of Shawn Weis to the above- captioned arbitration panel is vacated, and Benjamin Wamer is appointed In her stead. By the Court, ~ P.J. Norman Yoffe, Esquire _ C'..-..h... rrN~ 3/Il/n Chairman --U-a ...s~. Court Administrator ~ ) ~~ ~~ w ~ . ..... ..... -.. ~~ ~ . 1 f ~ ~,q J \3'0-.. ~ ~ :.~ t-- .. V1 - ~ ~~A <:l o ~ ......... >.) J ~ .#" ~ ) ~ ..." n 0 cO - '~-. 8~ ~ ~ '::> <. ~- :%: :<:; \~ frO ~~ ~ ~~ "'" a~ c '?ijj N ::52: j: a:~~ t- fn& I~ ~ '~ - j::: u m 0 ::;; ~-~ u_ a-. :::l 0 C1\ <-> ~J) ~ ~ 6'.J PI-I, ."U ~ -. CERTIFICATE OF SERVICE I, Joseph A. O'Brien. EsquIre. of Oliver, Price & Rhodes. hereby certify thst on the 12th day of November. 1999, I served a true and correct copy of the foregoing NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS by placing the same in the United States Mail. First Class Postage Prepaid, et Scranton. Pennsylvania. addressed as follows: Richard Stewart, Esquire Johnson. Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne. PA 17043-0109 Keirsten W. Davidson Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Curt Long. Prothonotary Cumberland County 1 Courthouse Square Carlisle, PA 17013-3387 -2- e,\MI~"-"."'tw. -( >- C", ~ ~ r.; ..J r'~ u: t.': lU(~ cO'; r-. ~2l. ~ l:: : c. a ~ c.. -', Uo , . Cli", L""j U.jLt. _.l -:- ~ lZ: ~;', ' d ~. ~.:.: ft ,-. . u. --- .-- U (n -., ~ ~ en ()