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Home My WebLink About99-04967JOSEPH H. KLEINFELTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ' NO. 99-4967 CIVIL 19 99 LAWRENCE SHAUF, JANICE SUSI, DENNIS HART, JAMES FOREMAN and KEVIN NAUGLE, CO-PARTNERS, t/d/b/a PROCARE REHABILITATION, a partnership, CIVIL ACTION - LAW Defendants RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: G. Thomas Miller counsel for the plainliff/AAndmtt in the above action (Smbiots), respectfully represents that: 1. The above-captioned action (cx:4ad=i0 is Q&P4 at issue. 2. Theclaimoftheplaintiffintheaction is$6,373.37, plus interest and costs. The counterclaim of the defendant in the action is None The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: G. Thomas Miller, Harrisburg, for Plaintiff; Frederick B. Gieg, Jr., Altoona, for Defendants WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MILLER and MIL ;4R B, kA ORDER OF COURT G. -Thomas Miller Attorneys for Plaintiff AND NOW, ?&z-`a4' 4 9 19 `' , in consideration of the?j foregoing petition, ?? ui Esq., ? ?C Esq., and Esq., are appointed arbitr rs to the above cap ned action (or actions) as pra d for. s' <^ ro f ': U> i ii) K' LL,c... N 11 i, JOHN M. EAKIN ATIOnNEV AT LAW NA"KCt QUARK 1UR..'NQ MECHANICSBURG, PA. 17095 February 2, 2000 G. Thomas Miller, Esquire Miller and Miller 113 Locust Street Harrisburg, PA 17101 Re: Kleinfelter v. Shauf et al Gentlemen: MCPHONC 17171 0114171 rA% 101 01 10 1.9111 Frederick B. Gieg, Jr., Esquire Gieg, Gieg, Montgomery & Zang 401 North Logan Boulevard Altoona, PA 16602 Enclosed is a copy of the findings of the arbitrators which conforms with the stipulation received from both parties. The official notice will be mailed to you by the Prothonotary. Very truly yours, JME/sam John M. Eakin Enclosure JOSEPH H. KLEINFELTER, Plaintiff vs. LAWRENCE SHAUF, JANICE SUSI, DENNIS HART, JAMES FOREMAN and KEVIN NAUGLE, CO-PARTNERS, t/d/b/a PROCARE REHABILITATION, a partnership, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4967 CIVIL ACTION - LAW ANSWER AND NEW MATTER Filed on behalf of Defendants: LAWRENCE SHAUF, JANICE SUSI, DENNIS HART, JAMES FOREMAN and KEVIN NAUGLE, CO-PARTNERS, t/d/b/a PROCARE REHABILITATION, a partnership, Counsel of record for this party: FREDERICK B. GIEG, JR., ESQUIRE GIEG, GIEG, MONTGOMERY & ZANG 401 North Logan Boulevard Altoona, PA 16602 (814) 946-1606 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JOSEPH H. KLEINFELTER, : NO. 99-4967 Plaintiff vs. : CIVIL ACTION - LAW LAWRENCE SHAUF, JANICE SUSI, DENNIS HART, JAMES FOREMAN, and KEVIN NAUGLE, CO-PARTNERS, t/d/b/a PROCARE REHABILITATION, a partnership, Defendants NOTICE TO PLEAD In accordance with Rules 1026 and 1361 of the Pennsylvania Rules of Civil Procedure, you are hereby notified to plead to the within New Matter within twenty (20) days from service hereof or a Default Judgment may be entered against you. GIEG, MONTGOMERY & ZANG B. Gieg, Jr., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JOSEPH H. KLEINFELTER, : NO. 994967 Plaintiff vs. : CIVIL ACTION -LAW LAWRENCE SHAUF, JANICE SUSI, DENNIS HART, JAMES FOREMAN, and KEVIN NAUGLE, CO-PARTNERS, t/d/b/a PROCARE REHABILITATION, a partnership, Defendants ANSWER TO COMPLAINT NOW THIS _12 day of September, 1999, comes the Defendants, Lawrence Shauf, on behalf of the partnership, by and through their attorney, Frederick B. Gieg, Jr., and files the following Answer and New Matter: 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation Defendants are without sufficient knowledge to form a belief as to the truth of the averment herein and the same is therefore denied and strict proof is demanded at time of trial. 4. Admitted. 5. Admitted in part and denied in part. It is admitted Defendants vacated the premises, but before the end of the leased period, namely July 27, 1999, but it is denied they failed to pay the monthly rental sum due under the lease for June and July. On the contrary, Defendants offered to pay the lease monies for June and July but Plaintiff refused the same instead wanting late charges, collection fees and additional attorney's fees. 6. Denied. On the contrary, Defendants tried to reason with Plaintiff and in fact issued a check to the Plaintiff which he refused to accept. With regard to attorney's fees, Plaintiff appeared by himself and therefore cannot charge attorney's fees, but more importantly, attorney's fees were limited to 7% for collection in accordance with XIX and the Plaintiff cannot attempt to recover attorney's fees in paragraph 5 and additional attorney's fees. Furthermore, the District Magistrate Judgment is of no moment as that was appealed and the matter is before the Court de novo. 7. Admitted. 8. Denied. After reasonable investigation Defendants are'without sufficient knowledge to form a belief as to the truth of the averment herein and the same is therefore denied and strict proof is demanded at time of trial. 9. Denied. After reasonable investigation Defendants are without sufficient knowledge to form a belief as to the truth of the averment herein and the same is therefore denied and strict proof is demanded at time of trial. 10. Denied. After reasonable investigation Defendants are without sufficient knowledge to form a belief as to the truth of the averment herein and the same is therefore denied and strict proof is demanded at time of trial. 11. It is admitted Defendant paid a $3,000 security deposit. With regard to XI- Maintenance, the same is ambiguous under B in that it requires Lessor to maintain the windows and exterior doors and then says that Lessee shall be responsible for plate glass in doors and windows. Said ambiguity must be interpreted against Lessor who prepared said Lease. 12. Denied. After reasonable investigation Defendants are without sufficient knowledge to form a belief as to the truth of the averment herein and the same is therefore denied and strict proof is demanded at time of trial. 13. Denied and strict proof of the same is demanded at trial. 14. It is admitted Plaintiff advised Defendant of certain plate glass damage, but it is denied the Defendant's should be responsible for repair of the same and it is further denied that the amount set forth to repair the same is reasonable or necessary. Lastly, Defendant should not be responsible for the actions of a third party. 15. Denied as Defendant should be entitled to return of the entire security deposit plus interest for the reasons as heretofore given. 16. It is denied that the recapitulation is appropriate and strict proof of all amounts as set forth herein is demanded at time of trial as Defendant denies each and every calculation. WHEREFORE, Defendant request Complaint be denied and dismissed. By way of further answer, Defendants file the following New Matter: NEW MATTER 17. If there were bb holes shot into the plate glass windows during the term of this tenancy, the same of which is denied, tenant cannot be held responsible for actions of a third party under any circumstances. 18. Plaintiff is not entitled to attorney's fees beyond that which is set forth in paragraph XIX which limits the same to 7%. WHEREFORE, Defendants request that the Complaint be denied and dismissed and that they be awarded the $3,000 security deposit plus 6% interest from June 20, 1997 to present. Respectfully submitted, GIEG, GIEG, MONTGOMERY & ZANG l21k Fr9derick B. Gieg, Jr., E Attorney for Defendants PA I. D. # 09965 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF BLAIR ) Personally appeared before me, a Notary Public, the undersigned authority, LAWRENCE SHAUF on behalf of Procare Rehabilitation, who being duly sworn according to law, deposes and says that the facts set forth in the foregoing Answer, New Matter and Counterclaim are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me, this 0' 6y of SO\\O? 1999. LAWRENCE SH F Notary Public My Commission Expires: WAMAL SEAL LINDA D. ADAMS, Norory Puhk Aho , UaIr County, PA My CanmYdon Explow July 14, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JOSEPH H. KLEINFELTER, : NO. 99-4967 Plaintiff vs. : CIVIL ACTION -LAW LAWRENCE SHAUF, JANICE SUSI, DENNIS HART, JAMES FOREMAN, and KEVIN NAUGLE, CO-PARTNERS, t/d/b/a PROCARE REHABILITATION, a partnership, Defendants CERTIFICATE OF SERVICE I, Frederick B. Gieg, Jr., Esquire, hereby certify that on this J!d y of September, 1999, a copy of the foregoing Answer and New Matter along with appropriate Notice to Plead has been sent by regular U.S. mail, postage prepaid, to the following party: G. Thomas Miller, Esquire MILLER AND MILLER 113 Locust Street P.O. Box 709 Harrisburg, PA 17108-0709 GIEG, GIEG, MONTGOMERY & ZANG a Lu_? C, r= <V Gq i? i? '1C C.7 7 N tsi U JOSEPH H. KLEINFELTER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LAWRENCE SHAUF, JANICE SUSI, DENNIS HART, JAMES FOREMAN, and KEVIN NAUGLE, CO-PARTNERS,: t/d/b/a PROCARE REHABILITATION, a partnership, Defendants NO. 99-4967 CIVIL CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER 17. Paragraph 17 of Defendants' New Matter pleads conclusions of law to which no response is required. In the alternative, Paragraph XI.B, of the subject lease agreement places responsibility for damage or breakage to plate glass in doors and windows on the Lessee, Defendants herein. Thus, in the first instance, their duty to restore the plate glass windows is owed to the Landlord, Plaintiff herein, and they may not avoid this duty by suggesting responsibility for breakage is that of third persons unknown and unknowable to the Plaintiff. If Defendants wish to mitigate their damage by pursuing liable third persons after they have fulfilled their responsibility to Plaintiff, this is their prerogative. but their primary duty owed to Plaintiff for restoration of the damage is not diminished or abrogated thereby. 18. Paragraph 18 pleads conclusions of law to which no response is required. In the alternative, the attorney tee claimed by Plaintiff is correctly computed and is due and owing Plaintiff under the terms of the subject lease. WHEREFORE, Plaintiff Joseph H. Kleinfelter demands judgment against the Defendants, Lawrence Shaut; Janice Susi, Dennis Hart, James Foreman and Kevin Naugle, co-partners, t/d/b/a ProCare Rehabilitation, a partnership in the sum of Six Thousand Three Hundred Seventy-Three Dollars and Thirty-Seven Cents ($6,373.37) together with interest from August 1, 1999 and the costs of this suit as demanded in Plaintiff's Complaint. MILLER and MILLER By: G. Thomas Miller I.D. #07219 P.O. Box 709, 113 Locust St. Harrisburg, PA 17108-0709 (717) 232-0750 Dated: October d, 1999 Attorney for Plaintiff VERIFICATION Subject to the penalties for falsification to authorities prescribed by 18 Pa. C.S. §4904, 1 hereby certify that the facts set forth in the "Reply to New Matter" are true and correct to the best of my personal knowledge, information and belief. Dated: ? j A q tj CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice was served upon the following by United States first class mail, postage prepaid, on this date: Frederick B. Gieg, Jr., Esquire Gieg, Gieg, Montgomery & Zang 401 North Logan Boulevard Altoona, PA 16602 (Attorney for Defendants) G. THOMAS MILLER Attorney for Plaintiff Dated: October 6, 1999 r lJ CJ4 ? ?5u r uiW h;: O 1::1(1 1l 0 cn J 43% C ) JOSEPH H. KLEINFELTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LAWRENCE SHAUF, JANICE SUSI, NO. 99-4967 CIVIL DENNIS HART, JAMES FOREMAN, and KEVIN NAUGLE, CO-PARTNERS,: t/d/b/a PROCARE REHABILITATION, : CIVIL ACTION - LAW a partnership, Defendants NOTICE TO: Lawrence Shauf Janice Susi Dennis Hart James Foreman Kevin Naugle ProCare Rehabilitation 300 East Plank Road Altoona,. PA 16602 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 retaining an 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(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP. COURT ADMINISTRATOR 4TH FLOOR - CUMBERLAND COUNTY COURTHOUSE I COURTHOUSE SQUARE CARLISLE, PA 17013 TELEPHONE: (717) 240-6200 NOTICIA 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. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a ]as demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demands. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONA A LA OFICINA CUYA DIRECCION CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4TH FLOOR - CUMBERLAND COUNTY COURTHOUSE I COURTHOUSE SQUARE CARLISLE, PA 17013 TELEPHONE: (717) 240-6200 MILLER and MILLER By. t 1 G. Thomas Miller I.D. #07219 P.O. Box 709, 113 Locust St. Harrisburg, PA 17108-0709 (717) 232-0750 Attorneys for Plaintiffs DATE: September 2, 1999 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice was served upon the following by United States first class mail, postage prepaid, on this date: Mr. Lawrence Shauf 300 East Plank Road Altoona, PA 16602 Ms. Janice Susi 300 East Plank Road Altoona, PA 16602 Mr. Dennis Hart 300 East Plank Road Altoona, PA 16602 Mr. James Foreman 300 East Plank Road Altoona, PA 16602 Mr. Kevin Naugle 300 East Plank Road Altoona, PA 16602 ProCare Rehabilitation 300 East Plank Road Altoona, PA 16602 G. /THOMAS MILLER Attorney for Plaintiff Dated: September 2, 1999 r JOSEPH H. KLEINFELTER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LAWRENCE SHAUF, JANICE SUSI, : DENNIS HART, JAMES FOREMAN, : and KEVIN NAUGLE, CO-PARTNERS,: t/d/b/a PROCARE REHABILITATION, a partnership, Defendants NO. 99-4967 CIVIL CIVIL ACTION - LAW COMPLAINT Plaintiff is Joseph H. Kleinfelter, an adult individual residing at 1121 Piketown Road, Harrisburg, PA 17112-9056 (Lower Paxton Township, Dauphin County, Pennsylvania). 2. Defendants are Lawrence Shauf, Janice Susi, Dennis Hart, James Foreman and Kevin Naugle, all adult individuals and sui juris, who are co-partners in, and trade as, ProCare Rehabilitation, a Pennsylvania Partnership, and whose principal office is situate at 300 East Plank Road, Altoona, Pennsylvania 16602. 3. At all material times Plaintiff has been and continues to be the sole owner of the commercial premises situate at 4343 Carlisle Pike, Camp Hill 17011 (Hampden Township) Cumberland County, Pennsylvania. 4. On June 20, 1996 Plaintiff leased the subject premises to Defendants under and pursuant to the terms of a certain Lease Agreement, the terms of which are incorporated herein by reference, and a true and exact copy thereof being attached hereto as Exhibit "A". 5. The Defendants vacated the premises at the end of the agreed lease term, to wit, on July 31, 1999, but failed and refused to pay the monthly rental sum due under the lease for the months of June and July, 1999, leaving an unpaid balance of rent due Plaintiff in the sum of Six Thousand One Hundred Eighty Dollars ($6,180.00), plus late charges of Thirty Dollars ($30.00) per month (all computed pursuant to Paragraph VI of the lease), plus a collection fee of seven percent (7%) of the unpaid rent, pursuant to Paragraph XIX of the lease, or a total due and owing Plaintiff for unpaid rent in the sum of Six Thousand Six Hundred Seventy-Six and 80/100 ($6,676.80) Dollars. 6. Because Defendants, notwithstanding demand by Plaintiff, failed and refused to pay the rental charges due as aforesaid, it was necessary for Plaintiff to seek collection in an action before District Justice Thomas Placey, thus causing Plaintiff to incur costs and attorney fees in the total sum of Five Hundred Fifty-Nine Dollars and Eighty-Two Cents ($559.82), which sum is also due and owing Plaintiff pursuant to Paragraph XIX of the lease. A copy of the District Justice's judgment evidencing same is attached as Exhibit "B". 7. During the term of the lease, Defendants were responsible for payment of all utility services provided to the premises, including charges for water and sewer, pursuant to Paragraph X of the lease. 8. Plaintiff has incurred responsibility for a charge for water and sewer service rendered Defendants during the lease term, in the sums of $84.45 and $55.76, respectively, because Defendants failed and refused to pay for certain water and sewer services which was their obligation under the lease term. Copies of the pertinent water and sewer bills are attached as Exhibits "C" and "D". 2 9. Accordingly, in order to avoid imposition of utility service liens, Plaintiff has paid the aforesaid water and sewer charges. 10. Plaintiff, in addition to other sums due and owing him from Defendants, is thus entitled to reimbursement by Defendants for the aforesaid water and sewer service charges in the sum of One Hundred Forty Dollars and Twenty-One Cents ($140.21). 11. At the inception of the lease Defendants placed a security deposit in the sum of Three Thousand Dollars ($3,000.00) with Plaintiff, pursuant to Paragraph VII of the lease. This deposit was intended to secure Defendants' performance of the lease terms, including particularly Paragraph XI "Maintenance" which placed responsibility upon Defendants for "damage and breakage to the plate glass in doors and windows". 12. After Defendants vacated the premises and Plaintiff was able to conduct an inspection, Plaintiff discovered that four (4) plate glass windows had been damaged to the extent that replacement would be required. 13. Plaintiff is informed and believes, and therefore avers, that the aforesaid plate glass damage was sustained on or about March 30 and March 31, 1998, during Defendants' term of occupancy. 14. Plaintiff has advised Defendants of the plate glass damage and that the necessary replacement and repair costs will total One Thousand Nine Hundred Ninety-Seven Dollars and Four Cents ($1,997.04), and has further advised Defendants that this sum would be set-off against the aforesaid security deposit being held by Plaintiff. A copy of the plate glass replacement and repair estimate is attached as Exhibit "E". 3 15. Accordingly, Defendants are entitled to a credit for the balance of the security deposit, to wit, One Thousand Two Dollars and Ninety-Six Cents ($1,002.96). 16. A recapitulation of the sums due Plaintiff is as follows: Unpaid Rent $6,180.00 Late Charges 60.00 Collection Fee 436.80 Attorney Fee 444.82 Judgment Costs 114.50 Water & Sewer Charges 140.21 Plate Glass Damage $1,997.04 Gross Amount of Claim $9,373.37 Less Security Deposit -3.000.00 Net Amount of Claim $6,373.37 WHEREFORE, Plaintiff Joseph H. Kleinfelter demands judgment against Defendants Lawrence Shauf, Janice Susi, Dennis Hart, James Foreman and Kevin Naugle, jointly and severally, co-partners, trading as ProCare Rehabilitation, a partnership, in the sum of Six Thousand Three Hundred Seventy-Three Dollars and Thirty-Seven Cents ($6,373.37), together with interest from August 1, 1999 and the costs of this suit, said total sum demanded being within the compulsory arbitration limit and thus requiring referral for compulsory arbitration pursuant to the applicable State and Local rules. MILLER and MILLE By.' / - G. Thomas Miller I.D. #07219 P.O. Box 709, 113 Locust St. Harrisburg, PA 17108-0709 (717) 232-0750 Dated: September 2, 1999 Attorney for Plaintiff 4 VERIFICATION Subject to the penalties for falsification to authorities prescribed by 18 Pa. C.S. §4904, I hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my personal knowledge, information and belief. Dated: 11-2-f? 7 Exhibit A I THIS AGREEMENT, made this 7-44= day of June, 1996, between Joseph H. Kleinfelter, of 1121 Piketown Road, Harrisburg, Pennsylvania, 17112 (hereinafter "Lessor") and ProCare Rehabilitation, a Pennsylvania Partnership, with principal office at 300 East Plank Road, Altoona, Pennsylvania, 16602, (hereinafter "Lessee") Witnesseth, that the said parties, in consideration of the rents and covenants hereinafter contained, do covenant and agree as follows: Lessor does lease and rent to Lessee and Lessee hereby agrees to lease and rent from Lessor that one story structure, approximately 3600 square feet and parking associated with structure (see Exhibit A), situated on the property in Hampden Township, Cumberland County, Pennsylvania, known and numbered as 4343 Carlisle Pike, Camp Hill, Pennsylvania, 17011, to be used as a physical therapy facility. LEASE TERM The term of the lease shall be for a period of three (3) years to commence on August 1, 1996 and to terminate on July 31, 1999, unless extended under the renewal option which follows. OCCUPANCY Lessee shall be'granted occupancy of the premises on July 1, 1996, for the purpose of remodeling and fixturing. -X- 1 IV. Lessee shall have the right to renew this lease for an additional term of three (3) years subject to the terms and conditions as set forth herein. The option to renew shall be exercised only by Lessee delivering to Lessor, in person, or by U.S. certified mail, written notice of its election to exercise this option, which notice must be received on or before April 1, 1999. V. Lessee shall have the right to terminate this lease on either the first or second anniversary thereof (i.e. August 1, 1997 or August 1, 1998). This option to terminate may be exercised only by Lessee delivering to Lessor, in person, or by U.S. certified mail, written notice of its election to exercise this option, which notice must be received on or before April 1, 1997 or April 1, 1998. In the event this option is exercised, Lessee agrees to pay to Lessor the unamortized balance of the finishing allowance (see Article IX), calculated at a rate of 8 and 1 /2 percent per annum. VI. Lessee agrees to and shall pay Lessor at his address set forth above, or at such location as he may designate, the monthly rental rates set forth in the yearly schedule below. Said payments are due, in advance, on the first day of each calendar month commencing August 1, 1996 and shall be made without demand and without setoff or deduction. 2 August 1996 through July 1997: August 1997 through July 1998: August 1998 through July 1999: August 1999 through July 2000: August 2000 through July 2001: August 2001 through July 2002: $3,000.00 per month $3,000.00 per month $3,090.00 per month $3,180.00 per month $3,270.00 per month $3,360.00 per month LATE CHARGE: Lessee agrees to pay a late penalty of $30.00 for any monthly installment received on or after the tenth of the month when due. VII. Lessee shall deposit with Lessor at the time of the execution of this agreement the additional sum of Three Thousand Dollars ($3,000.00) as security for the full and faithful performance by Lessee of the terms and conditions of this lease. The security deposit or any balance thereof shall be returned to Lessee, without interest, after Lessee has quit the premises in an acceptable condition under the terms of this lease. VIII. In the event Lessee holds over beyond the expiration of this lease or any extension thereof, such holding over shall constitute a month-to-month tenancy only at a rental rate of five percent over the monthly rate then in effect. 3 Ix. Lessor authorizes Lessee to make such internal renovations to the premises as Lessee deems appropriate and necessary to its operations. Responsibility for all permits and approvals shall rest with Lessee. All renovations shall conform to the building codes of Hampton Township. Lessor shall reimburse Lessee (or pay directly) all costs associated with renovations to the premises up to but not exceeding the sum of Ten Thousand Eight Hundred Dollars ($10,800.00) within thirty days of the submission of all invoices for said renovations. X. Lessee shall, during the term of this lease be responsible for the payment of all utilities consumed on the premises including electricity, gas, telephone, sewer, water and refuse removal. XI. A. Parking Lot. Lessor shall maintain the parking lot including the removal of snow from designated parking areas. (Sidewalk and entrance area shall be kept clear of snow and ice by Lessee.) B. Structural. Lessor agrees to maintain the exterior walls, roof, spouting, windows and exterior doors in a good condition and make repairs as necessary at its expense. Lessee shall be responsible for damage or breakage to the plate glass in doors and windows. 4 C. Plumbing and Electrical. Lessee shall be responsible for the first $200, of any plumbing or electrical repairs. Lessor shall be liable for any repairs exceeding the first $200. D. Interior. Lessee shall maintain the interior of the premises in a clean and orderly manner and be responsible for maintenance and repair of all ceilings, walls, floors and interior doors. E. HVAC. Lessor shall maintain the heating and air conditioning appliances on the premises and be responsible for all repairs thereto. F. Teleohon / riu. Lessee shall maintain the interior telephone lines and security system. G. Signs. Lessee shall be responsible for the maintenance (including electrical repairs) of any signs erected on the property. XII. Lessor shall be responsible for payment of all real estate taxes assessed against the premises. Lessee shall be responsible for all personal property, mercantile taxes and license fees arising out of the use and occupancy of the leased premises. XIII. Lessor shall maintain in force an insurance policy providing extended coverage on the premises for loss from fire or storm and general liability. Lessee agrees that liability and insurance coverage for personal property on the premises that may be damaged or lost by fire, theft or other casualty shall be the exclusive responsibility of Lessee. 5 Lessee shall maintain personal liability insurance on the leased premises, naming Lessor as co-insured, in an amount of no less than $500,000. each person; $1,000.000. each occurrence. XIV. If the building or other improvements on the leased premises should be totally destroyed by fire, flood, or other casualty, or if same should be so damaged that rebuilding or repairs cannot be reasonably completed within sixty (60) working days from the date of loss, this lease shall terminate and rent shall be abated for the unexpired portion of this lease, effective as of the day of the loss. If under the circumstance of loss described above, the leased premises are partially destroyed so that repairs and rebuilding may be completed within sixty (60) working days from the date of loss, this lease shall not terminate, but rent shall be abated for that period of time during which the premises are untenantable. XV. Lessee shall have the right to erect a sign on the leased premises subject to approval by and in compliance with the sign ordinance of Hampton Township. XVI. Lessee shall not assign or sublet any portion of the leased premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld. 6 Xvll. if, during the term of this Lease or any extension thereof or renewal thereof, all of the leased premises should be taken for any public or quasi public use under any law, ordinance or regulation or by right of eminent domain or should be sold to the condemning authority under a treat of condemnation, this Lease shall terminate and the rent shall be abated during the unexpired portion of this Lease, effective as of the date of taking of said premises by the condemning authority. If less than all of the leased premises shall be taken for any public or quasi public use under any law, ordinance or buy right of eminent domain, or should be sold to the condemning authority for condemnation, this Lease shall terminate but Lessors shall forthwith at their sole expense, restore and reconstruct the building or other improvements situate on the leased premises, provided such restoration or reconstruction shall make the same reasonably tenantable and suitable for use for which the premises are leased. The rent payable hereunder during the unexpired portion of the Lease shall be adjusted equitably. Lessor shall be entitled to receive and retain all condemnation awards except for any relocation damages which may be payable to lessee. the termination of this Lease shall not affect the rights of the respective parties to such awards. XVIII. Lessee shall permit Lessor and his agents to enter into and upon the leased premises at all reasonable times for the purpose of inspecting the same or for the purpose of maintenance and repair. 7 XIX. If lessee shall default under the terms of this Lease in the payment of rent or in the performance of any of the conditions of this Lease, Lessor shall have the right to re-enter said premises and remove Lessee and all other persons therefrom, and shall have the option of terminating this Lease; provided, however, that said rights of re-entry and termination may be exercised by Lessor only in the event that a breach or other default of Lessee shall have continued for thirty (30) days after written notice thereof and of Lessor's intention to terminate has been furnished to Lessee in writing. If default be made by Lessee and if Lessor exercises his option to terminate as herein provided, then, in addition to all other remedies now or hereafter provided by law, Lessor shall proceed to re-rent the premises at the highest and best offer received by him for the unexpired portion of this Lease and if the amount of rental to be received by lessor upon said re-renting is less than rentals herein agreed to be paid by Lessee, then Lessee shall thereupon pay said difference to Lessor, as Lessor's liquidated damages for such breach. Lessee hereby confesses judgment for the rent reserved under this Agreement, together with an attorney fee of seven percent (7%) for collection and execution, plus costs of such suit, which may be issued thereupon from time to time for any rent due and owing under this Lease, and judgment in ejectment as herein provided may be entered concurrently. No waiver by the parties hereto of any default or breach of any term, condition or convenant of this Lease shall be deemed to be a waiver of any other breach of the same or any other term, condition or convenant contained herein. XX. In the event that one or more of the provisions contained in this Lease shall be for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Lease shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 8 XXI. This agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, legal representatives, successors and assigns (when assignment is permitted by this agreement). XXII. Lessee agrees that the tenants and their invitees occupying the house and warehouse to the rear of the leased premises shall be entitled to enjoy, without interference on the part of Lessee, the continued right of ingress and egress across the paved area abutting the leased building. 9 IN WITNESS WHEREOF, the said Lessor and Lessee have hereunto set their hands and seals the day and year first above written. r..G CST /S ??? terry Shauf, P.T. It s- Azck .t U?d C? J ice Susi, 0-r -L. Dennis Hart, P.T., Ph.D 10 LESSEE: ProCare Rehabilitation: Exhibit B COMMONWEALTH OF PENNSYLVANIA OF: Wumby-U diND 09-3-04 DJ Noma: Non. THOMAS A. PLACEY AW`0'a: 104 S. SPORTING HILL RD. MECHANICSBURG, PA Telophan.: (717) 761-8230 17055 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFFNONRESIDENTIAL LEASE NAME and ADDRESS rKLEINFELTER, JOSEPH H -I 1121 PIKETOWN RD. HARRISBURG, PA 17112 DEFENDANT: VS. J NAME aW ADDRESS rPRO CARE REHABILITATION 1 300 E. PLANK RD. ALTOONA, PA 16602 JOSEPH H. KLEINFELTER L J 1121 PIKETOWN RD. DocketNo.: LT-0000274-99 HARRISBURG, PA 17112 Date Filed: 7/16/99 THIS IS TO NOTIFY YOU THAT: _ Judgment: FOR PLAINTTgF ® Judgment was entered for: (Name) KLEINFELTER JOSEPH H Judgment was entered against PRO CARE REHABILITATION in a ® Landlordlrenant action in the amount of $ 6.799.32 on 8/03/99 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 3.090.00. The total amount of the Security Deposit is $_ 3,000.00. Total Amount Established by DJ Less Security Deposit Applied Rent in Arrears $ 6.180.00 -$ 00 = Physical Damages Leasehold Property $ 00 -$ .00 = Damages/Unjust Detention $ -00-$ -00 = Less Amt Due Defendant from Cross Complaint - ?Defendants are jointly and severally liable. Interest (if provided by lease) UT Judgment Amount ? This case dismissed without prejudice. Judgment Costs Attorney Fees ® Possession granted. Total Judgment ? Possession granted if money judgment is not satisfied by time of eviction. ? Possession not granted. ? Levy is stayed for days or ? generally stayed. ? Objection to Levy has been filed and hearing will be held: Adjudicated Amount $ 6.180.00 $ .00 $ nn $ .00 $ 60-00 $ 24n.Dn $ i14 ,.;D $ 444.82 $_ 6.799.32 Date: Place: Time: 1? ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. AVV LW O 012-AC.Cy OC- (S -V* ? YOU MUST INCLUDE 66P S N ENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. "9 9 Date District Justice certify the t this is a true an c r ect opy o t e recor c t procee ings itaining the Judgment Date District Justice My commission expires first Monday of January, 2004 AOPC 3158.99 SEAL . • ? N?S!??I ?lr-.n?'...? .i: r... ur?i.?'??..i (.ia iii ?.?`: \ r. i .i ^ . • , ? ?...? Exhibit C 00024065084510000000000010589019 PenneyPvania-Amehtcan 6??Waterc Company as nt0n ST- Wilkes Barre, Pa. 18701.2715 For Service To: 4345 Carlisle Pike 111111111 JI1111111111111111111111111LIII IL11111LI111d11J1 Kleinfelter Joseph H 1121 Piketown Rd Harrisburg PA 17112-9056 Pennsylvania-American Water Cc PO Box 371326 Pittsburgh, Pa. 15250.7326 11111111111/II1111111111111111i11111„11111111111111 L? iiwbeChi hhefeto add D02v Energycomaauuonroyouf monailyiNg ` tffU GrN(Ilfe yOJf add/bSS Orlblef.Y]Oneauintw.,:Illd/Algr /n/OpIIdGUn On r6V"Se Side. Customer Account Information Billing Summary for Service To: Kleintelter Joseph H ----- --Prior Balance-----..._ 4345 Carlisle Pike Account Number: 24-0650845.1 _ Balance front last bill $59.35 Premise Number 24-0384306 Payments prier to Jul26, 1999. Thanks! '59.35 Total prior balance, Jul 26 1999 Pilling Period & Meter Information , " --'-"current water charges--._ 00 _ ._r.__... Billing Date: Jul 26 1999 Service Charge 9.30 , Billing Period: Jun 21 to Jul 22 (31 days) Water Volume ($ .004380 x 16000) 70.08 Next reading on/about: Aug 20 1999 ($•002933 x 7900) 23.17 , Rate Type: Commercial Total Usage Billed 23900 102.55 ------Other Current Charges-----. St T .ti Meter readings in current billing period: ate ax Surcharge- Water 86 2 Meter Number N000104345 a 5/8-inch meter. DSI Total - other Charge charges, Jul 26, 1999 2.48 Present-actual 761400 3.34 Last-actual 737500 Gallons used - ••AMOUNTOUE---.--.___ 23900 $105.89 •1 C76 e,0 3 yG o IP Z2 D k , xyga6z 7?• L f%f.X91 1(0 3' Water Usage Comparison '? •7's Current Monlh 23,900 LAST a3 900 LAST MONTH NTH 11,000 ONE YEAR AGO 4,000 S(8ax.60i: YPill' t 112 ,)0. cti9 . a . GJ- 'Vielisages 10 ' A penalty of 1.50% 1w71 be added to you unpaid balance onaB116199 Amerjcan Effective July 1, 1999 The State Tax Adjustment Surcharge (S'TAS) was decreased frorn 1.10% to.84%. Please return this portion with check or money order payable to PAWC Exhibft D HAMPDEN TOWNSHIP H 230 S. SPORTING HILL ROAD MECHANICSBURG, PA 170553097 (717) 761-0119 OUR RECORDS INDICATE THAT YOU HAVE OVERLOOKED PAY- ING YOUR ACCOUNT FOR SEWER AND,OR TRASH SERVICE. WE ARE SURE THAT YOU WILL WANT TO TAKE CARE OF THIS IMMEDIATELY. DELINQUENT ACCOUNTS ARE SUBJECT TO 12'. INTEREST PER MONTH. YOUR PROMPT ATTENTION TO THIS MATTER WILL AVOID ADDITIONAL ACTION. DELINQUENT NOTICE 924832 05:01/1999 EFFECTIVE YOUR KLEINJHOOS. ACCOUNT NO. FOR SERVICE AT THE FOLLOWING ADDRESS 4343 CARLISLE PIKE IS DELINQUENT IN THE AMOUNT OF @55.76 JOSEPH H. KLEINFELTER 1121 PIKETOVIN RD HARRISBURG PA 17112-9056 IN ORDER TO AVOID LATE CHARGES ON Y AND/OR TRASH ACCT DUE BY AUGUST 31 M. ADDITIONAL OUP. SEVIEP. A14D PAYMENT IS 1999 Exhibit E UB'.'0199 141;6 E 6743,199 B L GLA55 f,BI 8:00 A.M.•6:00P.M. B D_ ??LASS INVOICE RLtIDLN11A1 t COMMlACIAL of 'GLASS 9902 Market Street P Lemoyne, toe 1)043 ( } =F aLL KIINDS OF Phone:(717)761.811o DATE L? 17 lcvr L ""30 oft EVERY SS ?if?Q% TO _ K l i n ?. Fr l t-? ---- kill •1 fl DATE ntumntD cu:+DNrnno ORDERED ?....-----_ . ._• ._ .. DESCRIPTION Lo/ L ANY WARRAN I ILS ON INL PROWC"SOLD "RCDY ALL 11?0:•(MALIby 1111 Mn A Nm nfd ?wlw e L L CLASS HEREBY EXPRLSSLY DISCLAIMS All WANDANkS, DTI ILR F KDN(SS UN It!+ll(p YINDNIAtY YIGNAINR INYIDAI LS W011n ANY MAl LIYAI S W Lnl Lot Ivl14Y nNY I'l Nt YIIML I1 SATHSACIOAY AT TNt TIN110P COMPLITION. if11MM1- - IINII PRICF i AMOUNI A II I NORVWI{.IRNA I DIIL _.- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served upon the following by United States first class mail, postage prepaid, on this date: Mr. Lawrence Shauf 300 East Plank Road Altoona, PA 16602 Ms. Janice Susi 300 East Plank Road Altoona, PA 16602 Mr. Dennis Hart 300 East Plank Road Altoona, PA 16602 Mr. James Foreman 300 East Plank Road Altoona, PA 16602 Mr. Kevin Naugle 300 East Plank Road Altoona, PA 16602 ProCare Rehabilitation 300 East Plank Road Altoona, PA 16602 G. THOMAS MILLER Attorney for Plaintiff Dated: September 2, 1999 I !) LL' ? i CJ O' r r: .. r L L` . r PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TFN 1101 DAYS AFIER filing the nntire of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVVAANIA COUNTY OF ,v LA AFFIDAVIT: I herehy swear or affirth that I soiled Va ropy of the Notice of, peal, Co[ ?yQQn Pleas No. M1 ` 04 !_ , upon the District Justice designated therein on (date ofservico) ? ?7"q_1 __ , ? by personal service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee rnarnc) ---------- , on 19._.. ? by personal service [! by (certified) (registered) mail, sender's receipt M ached hereto. Landfurtherlhatlservedthe RuletA Filea(+"?nrr,4 taccornpany,ng the above Notice of Appeal upontheappellee(s)to whom the Rule was addressed on S 1 ` - ` 19- El by personal service Ay (certified) (registered) mail, sender's receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY F l?}UGuS? rn ?'? ` of afhant Signature of onrcen be .u nn n .?, a.n wa; - Title of My MY Public ? '.0 V 2 -TI "O C Tin a r;7 fiif? Z Zl: N On, i C" T T ?C D 1.M O C Na -? O -G 4. COMMONMALTN Of PENNSYLVANIA NOTICE OF APPEAL COUNT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na, NOTICE OF APPEAL Y ! _ Notice is given that the appellant has filed in the above Court of Common fleas an appeal from the judgment rendered by the District Justice on the dab and in the case mentioned below CV LT V%)1 No, k ;MBaoce ww oe sgnea vmT when Tins noanon is requirea Urger ra KA.rJJ. No It appellant Was CLAIMANT/(see Pa. R.C.P.J.P. No. Thiss Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before Otshi'ot Justice, he MUST SUPERSEDERS to the judgment for possession in this case FILE,?4 COMPLAINT within twenty (Leh) days after Signature o Prothonotary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPft"T AND BWJ ,O FILE -1W 81 (This section of farm k be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in be Dish Justice. IF NOT USED, detach from Copy of notice of appeal to be served upon appellee). PRAECIPE: To Pathonc tary Enter rule upon _ rz)6rC >KChll b/11 fW flDl/ , appell"(s), to file a ire this appeal Name of appellees) (Cannon Pleas No ``/r/ • 'Y%/? 7 11/ ) within twenty (20) days after w- ce of rule , or suffer entry of judgment of non pros. { Sure Or'simaw a S sow" a agent RULE: To . J nS c ? I /y? P.? / y e? , appellees} /\ Name of appedeels) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified w registered mail (2) If you dogpA`lFe%'tbrirp1aint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) TYd`t? of. wvice'of this rue if. service was by mail is the date of mailing. t?s I ? syeYS?d -_.'_? err a'eeNY s. J AM 312-8' APPELLANT'S COPY Z 098 774 252 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Poslaga v s Cel6fied Fee Special Delivery Fae Resldclad OetivelY Fee U Postage & Fees Is Ilk orate ? a qg I e Z 098 774 251 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Done[ use Inr Intamatinnul Una rc-......... I Seel tg. SIm 6 Num r Olg . Slal, 8 ZI C Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Realm Receipt Showing to Wham d Dale Delivered Resin Recepl 9awig to Wh=. Dale, 8 Addressees Address TOTAL Postage & Fees $ TOp p1n R a ?g m m m O m 0 a I . t COWANNRALTN OF PINNSTLVANIA NOTICE OF APPEAL COURT CN COMMON PLIAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLUS No. 77 Y 7 A!/ - NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment mndered by the District Justice an Ilro date and in the case mentioned balm Q6 F RehaA / if' ProCare R?habill'tQt/on /Lawrence huu? Tha Qs ?9. 1uRw OF ArRLLMII P/a eev / MY ATE £cce E. Plank AoaQ? 411,6412a PA 1& #8 CY 19 LT 19_0000a ?C/- CJ This block will be signed ONLY when this notation is required under Pa R.CPJP. No 1008L This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case If appellant was CLAIMAI 1001(6) in action before FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. r Pa. R.C.P.J.P. No. Justice, he MUST PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Ar,0 1e JPChablli t/1 t?Dn , appellee(s), to file a complaint in this appeal ,J - Norma of app~sl (Common Pleas Na - 99 - y9`o7 `&4 ) within twenty (20) days after r ice of rule or suffer entry of judgment of non pros I / d aFpepant 91Nnroy a spent RULE: To V A.f 0- P /Y /-1119 61FC Ile C-- , appetee(,)• Navre Of aAwgeors) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered nail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of moiling. Date. 4" 19X. ea C/ ? alOre d fnaarry or ospulY A0PC31'e' COURT FILE TO BE FILED WITH PROTHONOTARY k=a ' cm to alnieu6/S ^-61 '.o tovd ow'S61,WWW 4, /810,110 !O still unem see VnuP9Pl woav eroluo IcuulO /o amleu6l$ -6 L JO AVO SIHI 3W 3HOJ3e 038IUOSans ONV (03WHIJJV) NHOMS ola/ay payoelle ldooal sjapuas •Ilew (palalsl60l) (palH;lao) Aq ? aOIAras leuosvad Aq Ej -61 uo passalppe gem a nu a I gl woymol (S)aalladdeayl uodn leaddV+O aoiloN aeoge ayl 6u,Auedwoo3eluleldwoo eal!J al arms eyl paAlas l legUaylml pue 'olalay payoege Idlaoal s,lapuas 'I!ew (palalsl6aw) (pa!AUao) Aq ? aowas leuoslad Aq ? -6l' uo , (eweu)'ea6adde aqj •lodn pue'olaleq papelle Idlaaai sl MS'llew (palalS1601) (palAllaa) Al (] aolAJas lauosvad Aq ? (aoIAJes;o elep) uo ulwayl poleu6lsep eogsnf loplsl0 aql uodn • o Sea [d ' N Id O 'leaddy )o aopoN ayl ;o Adoo e E] paAJBS I M41 wn;;elo reams Agalay I :11AVOIdcIV 98' 3o AlNnoo VINVAIASNN3d 10 HlIV3MN0WW00 (sexoq s)geondde >toagO 'Ieodde Io ao,= oql 5utI9 &gldV SA VO (00 N31 NIHIIM 0371J ge Lsnkv ao(Ales 10 load s(ql) 1NIVIdWOD 311:1 01 31nu ONV IV3ddV d0 30110N d0 301A83S d0 d00Fld COMMONWEALTH OF PENNSYLVANIA VvUli J T vr: ..........-....+.,.... 09-3-04 DJ Name: Hon. THOMAS A. PLACEY Addfe1a: 104 S. SPORTING HILL RD. MECHANICSBURG, PA TelepNme: (717) 761-8230 17055 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFFNONRESIDENTIAL LEASE NAME and ADDRESS rK-LEINFELTER, JOSEPH H 1121 PIKETOWN RD. HARRISBURG, PA 17112 L J VS. DEFENDANT: NAME and ADDRESS rPRO CARE REHABILITATION 300 E. PLANK RD. ALTOONA, PA 16602 PRO CARE REHAB/LAWRENCE SHADF L J 300 E. PLANK RD. DocketNo.: LT-0000274-99 ALTOONA, PA 16602 Date Filed: 7/16/99 'I THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) RLEINFELTER, JOSEPH H Judgment was entered against PRO CARE REHABILITATION in a ® Landlord/Tenant action in the amount of $ 6.799.32 on 8/03/99 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 3.090.00. The total amount of the Security Deposit is $_ 3,000.00. Total Amount Established by DJ Less Security Deposit Applied Rent in Arrears $ 6,180.02.-s .00 = Physical Damages Leasehold Property $ .00 -$ .00 = Damages/Unjust Detention $ _ 00 -$ .00 = Less Amt Due Defendant from Cross Complaint - interest (if provided by lease) ? Defendants are jointly and severally liable. LT Judgment Amount ? This case dismissed without prejudice. Judgment Costs Attorney Fees ® Possession granted. Total Judgment ? Possession granted if money judgment is not satisfied by time of eviction. ? Possession not granted. Levy is stayed for days or ? generally stayed. Objection to Levy has been filed and hearing will be held: Adjudicated Amount $ 6.180.00 $ .00 $ _nn $ .00 $ 60.00 $ 6,240.00 $ ]14.50 $ 444.82 $ 6,799.32 ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CL?ER?KOF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. APV 15f? c0 ALL-11 F,4- (ST? 7. S2V(? YOU MUST INCLUDE A-CO F TIfIS NOTIC CFVUOGMENTrtRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. ?3-I Justice My commission expires first Monday of January, 200,! 1 AOPC 315839 SEAL 99- Y967 January 13, 2000 Mr. Curtis R. Long Prothonotary One Courthouse Square Carlisle, PA 17013 Dear Mr. Long: Thank you for responding to my letter and for advising me the steps I might f follow in, making a complaint,against the, legal system. . I must add to you that it certainly makes me question, again, the appropriateness of your sending a copy of your letter to G. Thomas Miller and District Justice Thomas Placey'instead of to the two people I had copied by my letter, Mr. Miller,had no direct ,relationship` to my specific letter. It makes me curious how yuu even came to know of any relationship of Mr. Miller to the original case. l Sincerely, '. Lawrence E. Shauf, PT Director of Operations J V 300 E. Plank Road Altoona, PA 16602 - 814-941-7708 Fox 814-941-7715 Bedford ..Centre Hall" • Harrisburg - • Huntingdon Pleasantville • Roaring Spring State College Waldorf 'MD i k(A P:o v f4CI % ?m N I r t t We T„«+C7CAA?,.E December 29, 1999 Mr. Kurt Long Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Dear Mr. Long, This letter is a formal complaint against District Justice Thomas Placey. In case #1999-04967 Judge Joseph Kleinfelter vs. ProCare, though appealed, District Justice Thomas Placey's actions and decisions need to be reviewed by the Prothonetary's office. Prior to the hearing, Justice Placey socially greeted the Judge and began reminiscing about country club outings. Throughout the hearing, he consistently referred to Mr. Kleinfelter as "Judge Kleinfelter" and to me as "you". I was under the impression that in a court of law all title formalities were to be dropped and the defendant and the prosecution were to be referred to as "Mr., Mrs., and/or Ms.". Justice Placey displayed his prejudice against me and demonstrated that he was annoyed with me and this case against Judge Kleinfelter. I then became quite educated that politics within the legal system were going to play a role in this outcome. I requested that because Judge Kleinfelter and Justice Placey were friends that the Justice would please dismiss himself from the hearing. He refused. Secord!y, I would question the ethics in Judge Kleinfelter's self-representation. I am under the supposition that it is unethical and improper, against state and/or local statutes, for a Judge to function as an attorney representing himself or anyone else during his term of office. If for some reason this letter cannot serve as a formal complaint, please advise me to the appropriate procedure(s) to be used in filing an official complaint. 300 E. Plank Road Altoona, PA 16602 814-941-7708 Fax 814-941-7715 Bedford • Centre Hall • Harrisburg • Huntingdon • Pleasantville • Roaring Spring • State College • Waldorf, MD 1 .. Page 2 December 29, 1999 Thank you for your time and attention to this important matter and please keep me informed as to what actions are to be taken to correct this decision and to prevent this situation in the future. Sincerely, Larry Sh PT Director o Operations cc: District Justice Thomas A. Placey 104 S. Sportin Hill Road Mechanicsburg, PA Mr. Joseph H. Kleinfelter 1121 Piketown Road Harrisburg, PA 17112-9056 Curtis R. Long Prothonotary Office of the Protbonotarp Cumberiatib Countp January 6, 2000 Mr. Larry Shauf 300 E. Plank Road Altoona, PA 16002 Dear Mr. Shauf, Shirley A. Peiper Deputy Prothonotary John E. Slike Solicitor This is in reference to your letter dated December 29, 1999. Written in your letter you state that "District Justice Placey's actions and decisions need to be reviewed by the Prothonotary's Office." The President Judge, GEORGE E. HOFFER, addresses all formal complaints concerning any District Justice actions. A complaint must be sent to the Judicial Board. Another recourse is to choose to appeal the decision in the Court of Common Pleas. Sincerely, 2? CURTIS R. LONG Prothonotary cc: G. Thomas Miller 105 Locust Street P.O. Box 709 Harrisburg, PA 17108 District Justice Thomas A. Placey 104 S. Sporting Hill Road Mechanicsburg, PA 17055 One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573 _. ... ?\ PYS510 Cumberland County Prothonotary's Office Page ] Civil Case Inquiry 1999-04967 KLEINFELTFR JOSEPH (vs) PROCARE REHABILITATION Reference No..: Filed........: 8/16/1999 Case Type.....: APPEAL - DJ Time.........: 4:13 Judgment......: .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Dis osed Date. 0/00/0000 '----------- Case Comments ------------- Big er Crt 1.: Higher Crt 2.: ***++++++++*+++++*+*+++++++***+***+*+++++++**+++*+*++++++*+*++++++*+*+**+******+ General Index Attorney Info KLEINFELTER JOSEPH PLAINTIFF MILLER G THOMAS 1121 PIKETOWN ROAD HARRISBURG PA 17112 PRO CARE REHABILITATION DEFENDANT 300 EAST PLANK ROAD ALTOONA PA 16648 SHAUF LAWRENCE DEFENDANT 300 EAST PLANK ROAD ALTOONA PA 16602 SUSI JANICE 300 EAST PLANK ROAD DEFENDANT ALTOONA PA 16602 HART DENNIS 300 EAST PLANK ROAD DEFENDANT ALTOONA PA 16602 FOREMAN JAMES DEFENDANT 300 EAST PLANK ROAD ALTOONA PA 16602 NAUGLE KEVIN DEFENDANT 300 EAST PLANK ROAD ALTOONA PA 16602 ++*+++++++**+++++*+++*+++++++*++*+++++++++**+++++++++*++++***+++++*+**+*+**+***+ * Date Entries 8/16/1999 APPEAL FROM DISTRICT JUSTICEIJUDGMENTY ------------------- ---------TO-ENTER-RULE-TO-FILE-COMPLAINT- ----------------------- 8 16/1999 PRAECI-- AND RULE TO FILE ---------- --------------------------------------- ------------------ 26/1999 PROOF -OF OF -SERVICE OF NOTICE OF APPEAL-AND - RULE TO FILE COMPLAINT ---- ---------- -- - ------------ 9/03/1999 9/03/1999 COMPLAAINT -------------------------------------------- 9/23/1999 ANSWER ---------------------------------------- ---------- TO------COMPLAI---NT ----------- 10/20/1999 PLAINTIFF'S REPLY TO DEFENDANTS' -NEW- MATTER ------------------------ ---- -------- 0 28/0099 PETITION-FOR-APPOINTMENT-OF-ARBITRATORS - BY - G - THOMAS - MILLER - ESQ ----- -------------------------------------- 10/29/1999 ORDER-OF-COURT--10/29/99-APPOINTMENT-OF- ARBITRATORS GEORGE E HOFFER P JUDGE ARBITRATORS ARE JOHN EAKIN ESQ JAMES KAYER ESQ AND JULIE MC CONAHY ESQ NOTICE MAILED 11/18/99 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ++*++++++++*+++++++++++++++++*++++*+++++++++*+++++++++*+++++***++++++*++*+++*+*+ * Escrow Information + * Fees & Debits BeV Bal Pmts/Adi End Bal + APPEAL D.J. 35.00 35.00 ti0 TAX ON APPEAL .25 .25 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 APPT OF ARBITRA 15.00 15.00 .00 PYS510 Cumberland County Prothonotary's Office Page 2 Civil Case Inquiry 1999-04967 KLEINFELTER JOSEPH (vs) PROCARE REHABILITATION Reference No.. Filed.. 8/16/1999 Case Type.....: APPEAL - DJ Time.........: 4:13 Judgment......: .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Dispposed Date. 0/00/0000 ------------ Case Comments ----- Higf,er Crt 1.: ---Higher Crt 2.: ------------------------ -------- 60.25 60.25 .00 * End of Case Information ******************************************************************************** JOSEPH H. KLEINFELTER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LAWRENCE SHAUF, JANICE SUSI, , DENNIS HART, JAMES FOREMAN, and KEVIN NAUGLE, CO-PARTNERS,: t/d/h/a PROCARE REHABILITATION, a partnership, Defendants NO. 99-4967 CIVIL CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ACTION TO: Curt Long, Prothonotary Plaintiff is satisfied in full and this action is hereby discontinued. MILLER and MILLER By: G. Thomas Miller I.D. #07219 P.O. Box 709, 113 Locust St. Harrisburg, PA 17108-0709 (717) 232-0750 Attorneys for Plaintiffs DATE: February 23. 2000 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue Action was served upon the following by United States first class mail, postage prepaid, on this date: Frederick B. Gieg, Jr., Esquire Gieg, Gieg, Montgomery & Zang 401 North Logan Boulevard Altoona, PA 16602 (Attorney for Defendants) HOMAS MILLER Attorney for Plaintiff Dated: February 23, 2000 i I ) /(?KILGYIlA Y+'/V?l?? ?/l ? 1 OATH In The Court of Cocm:on Pleas of Cumberland County, Pennsylvania No. 19 lie -1- do solemnly swear (or affirm) that we will support, obev and defend the Constitution of the United States and the Constitution of this Common- wealth and that we will discharge the duties o ur office w th fidelity. AWARD Wa, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Arbitrator, dissents. (Insert name if applicable.) r Date of Hearing: 2 L 2eaC Date of Award: 2 /Z /2 aGo NOTICE OF ENTR' Now, theo? -day of ?E?r._c?:?.?:-? , 19 1 at , j.n., award was entered upon the docket and notice thereof given by mail parties or their attornevs. the above to the Arbitrators' compensation to be paid upon appeal: Prothonyf 8 o?9c?.. ,? By: Deputy C?? f y-lde_?), / JC.lrc _.' 3