HomeMy WebLinkAbout07-2788i Lv
FAIRVIEW STORAGE IN THE COURT OF COMMON PLEAS OF
ASSOCIATES, L.L.C., :CUMBERLAND COUNTY, PENNSYLVANIA,
Plaintiff,
vs. :CIVIL, ACTION -LAW
DOLORES J. HOSTETTER, t/d/b/a NO. 07-a2.7~ Civil Term
WALK-IN CLOSET .
Defendant :
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accomodations available to disabled individuals having business before the court, please
contact our office. All arrangements must be made at least 72 hours prior to any hearing or
business before the court. You must attend the scheduled conference or hearing.
FAIRVIEW STORAGE : IN THE COURT OF COMMON PLEAS OF
ASSOCIATES, L.L.C., :CUMBERLAND COUNTY, PENNSYLVANIA,.
Plaintiff,
vs. CIVII. ACTION -LAW
DOLORES J. HOSTETTER, t/d/b/a NO. 07- ,~.7~ Civil Term
WALK-IN CLOSET
Defendant
COMPLAINT
AND NOW, comes Fairview Storage, L.L.C., Plaintiff, by and through Frey & Tiley Attorneys
at Law and respectfully states as follows:
1. Plaintiff is Fairview Storage Associates, L.L.C., a Pennsylvania Limited Liability Company,
having its office at 1545 Holly Pike, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Dolores J. Hostetter, trading and doing business asWalk-in Closet, whose
residence and address is 15 Thornhill Court, Carlisle, Cumberland County, Pennsylvania.
3. Defendant entered into an agreement with Plaintiff for the leasing from Plaintiff of a portion
of the real estate owned by Plaintiff at 1412 Trindle Road, Carlisle, Cumberland County, Pennsylvania
evidenced by an Agreement of Lease, a true and correct copy of which is attached hereto and
incorporated herein as Exhibit "A". By the terms of the Agreement of Lease, Plaintiff agreed to pay to
Defendant the sum of $1,800.00 per month for the leasing of the premises.
4. Pursuant to the terms of said Agreement of Lease, Plaintiff granted possession of the leased
premises to Defendant, who did occupy the premises and began making monthly payments pursuant to
the terms of the Agreement of Lease.
5. Plaintiff has performed everything required of it pursuant to the terms of the Agreement of
Lease.
6. Defendant is in default under the terms of the Lease Agreement because of Defendant's
failure to make monthly payments of rent when due. The total amount owed by Defendant to Plaintiff
is $6,680.00.
7. Pursuant to paragraph 12 of the Agreement of Lease, Defendant agreed to pay to Plaintiff,
"as additional rent, all attorney's fees and other expenses incurred by the Lessor in enforcing any of
the obligations under this lease.
WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against
Defendant in the amount of $6,680.00 as set forth above, together with all other amounts incurred by
Plaintiff, including all attorney's fees incurred.
Respectfully submitted,
Frey & Tiley,
Attorneys for Plaintiff
B . ~~~
Y
Robert G. Frey, Esquire
Supreme Court Number 46 9
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
I verify that the statements made herein are true and correct and understand that false statements
herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to
authorities.
Dated: March 2, 2007
FAIRVIEW STORAGE ASSOCIATES, L.L.C.
BY:
. Scott
MRR-O1-2007(THU7 12:03 Smith Elliott ~ Kearns ~ f,fR}~1717 c'_d3 1177 P.DOI/O10
J ..
COO p}y
AGREEMENT OF L ASE
THIS AGREEMENT, made the ~, day ofDecember, 2 999, by and between FAIRVIEW
STORAGE ASSOCIATES, a partnership composed of WALNUT BOTTOM DEVELOPMENT
COMPANY, a Pennsylvania coiporation, and JEFFREY L. SCOTT, an adult individual, alI of
Cumberland County, Pennsylvania, hereinafter(whethersingularorplural) hercinafiercalled Lessor,
AND
-~.lar~ ~ ~ cs~p1'~~r, T/DB/A WALK-IN CLOSET, of Cumberland County,
Pennsylvania, hereinafter (whether singular or plural) hereinafter called Lessee,
'WITNESSETH, Lessor does hereby demise and let unto the Lessee all that certain
wazehouse space consisting of 3,600 square feet ofoffice/warehouse in building D, which building
t~ is located at 1412 Trindle ltaad, Cazlisle, Cumberland County, Pennsylvania, and which buildings
are located on premises owned by Lessor in Sauth Middleton Township, Cumberland County,
Pennsylvania, and more particularly described in Cumberland County Deed Book "S,"Volume 34,
Page 1144.
1 • Said premises are to be used for the purpose of officclwarehousc space. The term of
this Lease shall commence on January 1, 2000, and temninate on December 31, 2004, for the annual
rental in ]awful money of the United States ofAmerica, payable in y installments, in advance,
as follows: 1,,.1~
18,oao. w
A. The annual rental amount of ~r~+,89~60 payable in monthly installments due
on or before the first day of each month of the term of this ]east in the amount of 52,000.00 per
month. The annual rental amount shall abate pro rata iri the event the lease teem shall be less than ~1~~
a full Year I-essee agrees to pay the first month's rent of 5~?;A9Ar04.on or before Janu 1 2000. 1y
az5' ,
t-
MRR-O1-200T(THLI) 12;04 Smith Elliott ~ Kearns ^ ~ !FRX)?1? 243 11?? P.002lO10
B. Commencing with the first day of the fast calendar month of the Fifth Lease
~ ~ Year and each Lease Year !hereafter during the initial teen or extended Senn hereof, the base runt
in effect for. the preceding Lease Yeaz shall be adjusted by an amount equal to the percentage of
change in the. Consumer Price Index now published monthly by the Bureau of Labor Statistics of the
United States Department of Labor (the "Index', determined by dividing the Index for the last
month of the immediately preceding Lcasc Year (numerator) by the Index for the same month of the
immediately preceding year (denominator). In no event shall the base rent be adjusted to any amount
less than the base rent applicable during the first Lease Year. The adjusted annual base rent shall
be payable in twelve (12) equal monthly installments. The Consumer Price Index shall mean the
ConsumcrPriceIndex forUrban WageEarners a:td Clerical Workers -Revised (1967-100) National
Index, published by the $ureau of Labor Staristics of the Ututed States Department of Labor,
provided, however, that if the Bureau does not publish the same, then as published by~Prentice-Hall,
Inc., the Bureau of National Affairs, Commerce Clearing House,.The Wall Street Journal or any
other nationally recognized publisher of similar statistical information, as selected by the Lessor.
i~ Z. Upon cxccution o~this Y.dease see shall deposit with Lessor the amount of Two
Thousand and 00/100 ( .., Dollars to by Lessor as security for Lessee's performance
of its obligations under this. Lease. Said security deposit, less any amounts used by Lessor to
discharge obligations of Lessee hereunder grid any amounts.nccessary to repair damage to the
premises caused byLessee's occupancy, shall be returned to Lessee within thirty (30) days following
termination of this Lease.
3. Lessor shall furnish all water and sewn utilities to the demised premises. However,
Lessee shall pay all charges therefor. Lessee shall furnish all other utilities to the demised premises,
and shall pay all utility charges therefor.
4. Lessee shall not be responsible for maintaining any ftre insurance coverabe.on said
demised premises, but will. in Lessee's own discretion, maintain such fire insurance coverage on the
contents of said demised premises as Lessee, in its sole discretion; deems appropriate.
MRR-41-2007(THU) 12:01 Smith Elliott ~ Kearns (,fRX)717 243 11T7 P. 003/010
' S. Lessor hereby covenants to pay all real estate taxes imposed on the demised premises
'~ by any competent taxing authority of the Commonwealth of Pennsylvania,
6. Lessee shall not sub-let the demised premises nor any portion thereof, nor shalt this
tease be assigned by the Lessee without prior written consent of the Lessor herein, which consent
may be withheld.
7. The Lessee has examined the demised premises and accepts them in their present
condition. Lessee agrees to keep the demised premises free from the accumulation of waste, refuse
matter and other trash, and fisrther agrees not to store any toxic or hazardous substances thereon.
Lessor.agrces to be responsible for snow removal on the private streets being used by Lessee at the
demised premises. Lessee agrees to keep the front of the lcased.premises clean and free of
obstructions, snow and ice. The Lessee agrees to replace at the Lessee's cxpensc'any and all glass
which may become broken in and on the demised premises.
~~ .
r ~ 8. The Lessee shaI t keep the said premises in good condition and surrenderthe premises
at the end of the demised term in good condition normal wear and tear excepted. The Lessee shall
not make any alteration, additions, orimprovements to said premises without the written consent of
the Lessor. All alterations and improvemenu, whether temporary orpermanent in character, which
. may be made upon the premises by either the Lessor or the Lessee, except fermi lure or movable trade
fixtures installed at the expense of the Lessee, shall be the property of the Lessor and shall remain
upon and be surrendered with the premises as a part thereof at the termination of this Lease, without
compensation to the Lessee. The Lessee further agrees to keep said promises and all parts thereof
in clean and sanitary condition and free from trash, inflammable material and other objectionable
matter.
9. Lessvr shall nvt be responsible for damage from any cause to personal property of
Lessee, in the leased premises. Lessee agrees to carry at their expense insurance to cover its personal
property. Lessee also agrees to carry at their sole cost and expense public~liability insurance and
~ property damage insurance in the amount of 5500,000.00 minimum, All ofsueh insurance policies
MRR-O1-200?lTHIJ) 12;04 Smith Elliott ~ Kearns ~ IFRX~?1? X43 it?? P.004/O10
shall name and protect both the Lessor and Lessee, as their interests may appear to the extent
' obtainable form the insurers, At a minimum, said policies shall provide that Lessor will be given
ten (10) days' notice prior to cancetlativn. Lessee will carry workman's compensation insurance for
their employees employed upon said premises. Lessee shall provide Lessor with copies of all such
insurance policies.
10. Lessor shall not be responsible for the loss of or damage to 'property, or injury. to
persons, occurring in yr about the demised premises, or the parking Iot and sidewallcs, if any,
adjacent to the demised premises or any par! thereof, by Teason ofany existing or future condition,
defect, matter or thing in said demised premises, or for the acts, omissions or negligence of other
persons or Lessees in and about the said property. Lessee agrees to indemnify and save the Lessor
harmless from all claims and liability for loss of or damage to property, or injuries to persons
occurring in or about the demised premises, or the parking lot and sidewalks, if any, adjacent to the
demised premises or any part thereof.
~~~ 11. 'The Lessor expressly reserves the right to cuter upon the demised premises and every
part thereof at reasonable times for the purpose of making necessary inspection, repairs, or to show
the same to prospective purchasers ar Lessees, and may display "for rent" signs thereon.
12. The Lessee shall, x~thout any previous demand therefor, pay to the Lessor, or its
agent, the said rent at the times and in the manner above provided. In the event of the nonpayment
ofsaid rent, or any installment thereof, at the times and manner above provi dcd, and if the same shall
remain in default or seven (7) days after becoming due, or if the Lessee shall be dispossessed for
nonpayment of rent, or if the leased premises shall be desencd or vacated, the Lessor or its agents
shall have the right to and may enter the said premises as the agent of the Lessee, either by force or
otherwise, without being liable for any prosecution ofdama;es therefor, and may relet the premises
as the agent or the Lessee, and receive the rent therefor, upon such terns as shall be satisfactory to
the Lessor, and all rights of the Lesscc to repossess the premises under. this lease shall be forfeited.
Such 're-entry by the Lessor shall not operate to release the Lesscc from aay rent to be paid or
L- covenants to be performed hereunder during the ful I term of this lease. For purposes ofreletting, the
MRR-O1-200~!THU) 12,05 Smith Elliott s I(earnsr ~ (FRK)717 c43 11TT P.005/O10
Lessor shall be authorized to make such repairs or alterations in or to the leased premises as may be
~ necessary to place the same in good order and condition.. The Lessee shall be liable to the Lessor
for the cost of such repairs or alterations, and ali expense of such relettins: If the sum realized or
to be realized from the reletting is insut~cient to satisfy the monthly or term rent provided in this
lease, the Lessor, at its option, may require the Lessee to pay such deficiency month by month, or
may hold the Lessen in advance for the entire deficiency to be realized during the term of the
reletting. The Lessee shall not be entitled to any surplus accruing as a result of the reletting. The
Lessor is hereby granted a lien, in addition to any statutory lien or right to distrain that may exist, on
all personal property of the Lessee in or upon the demised premises, to secure payment of the rcpt
and performance of the covenants and conditions of this lase. The Lessor shall have the right, as
agent of the Lessee, to take possession of any furniture, fixtures or other personal property of the
Lessee found in or about the premises, and sell the same at public or private sale and to apply the
proceeds thereof to the payment of any monies becoming due under this lease, the Lessee hereby
waiving the benefit of all laws exempting property from execution, levy and sale on distress• or
judgment. The Lcssce hereby agrees to pay, as additional rent, ail attorney's, fees and other expenses
,'~ incurred by the Lessor in enforcing any of the obligations under this lease. •
13. In the event that any mechanic's lien is filed against the premises, as 'a result of
alterations, additions orimprovcments made byLessee,the Lessor, at its option, after thirty {30) days
. notice to Lessee, may terminate this lease and may pay the said lien, without inquiring into the
validity thereof, and the Lessee shall forthwith reimburse the Lessor the total expense incurred by
.the Lessor in discharging the said lien, as additional rent hereunder.
l4: The Lessee agrees to observe and comply with alI Iaws, ordinances, rules and
regulations of the Federal, State, County, and Municipal authorities applicable to the business to be
conducted by the Lessee in the demised premises. The Lessee further agrees not to do or permit
anything to be done in said premises, or keep anything therein, which will increase the rate of fire
insurance premiums on the improvements or any part thereof, or on thN property kept therein, or
which will obstruct or interfere with the rights of other Lessees, or conflict with the regttlations of
the Fire Department or with any insurance policy upon said improvements or' any part thereof.
MRR-D1-200~(THUl 1205 Smith Elliott i£ Kearns ~ (FAX)717 cD3 1177 P.D06lO10
Lessee will sage Lessor harmless from anypenalties, fines, costs or damages resulting from Lessee's
~:+ failure to comply with the provisions of this Paragraph.
15. No sign, advertisement or notice shall be affixed to or placed upon any part of the
premises by the Lessee, except in such manner, and of such size, design and color as shalt be
approved in advance in writing by the Lessor.
16. This lease is subject and is hereby subordinated to all present and future mortgages,
deeds of crust and other encumbrances affocting the demised premises or the property of which said
premises is a part. The Lessee agrees to execute, at no expense to the Lessor, any instrument which
may be deemed necessary or desirable by the Lessor to further effect the subordination of this lease
to any such mortgage, deed of trust or encumbrance.
1 ~• ]n the event of the sale by the Lessor of the demised premises, or any property of
which said premises are a part, the Lessor or the purchaser may terminate this .lease upon giving the
~ _ Lessee tlurty {30) days notice of such termination prior to the sale,
18. In the case of violation by the Lessee of any of the covenants, agreements and
conditions of this lease,. and upon failure to discontinue such violation within seven (~) days after
notice thereof given to the Lessee, this lease shall thenceforth, at the option of the Lessor, become
null and .void, and the Lessor may reenter without further notice or demand. The rent in such case
shall become due, be apportioned and paid on and up to the day of such reentry, and the Lessee shall
be liable for all loss or damage resulting from such violation as aforesaid: No waiver by the Lessor
of any violation or breach of condition by the Lessee shall constitute or be construed as a waiver of
anyotherviolation orbreach ofcondition, norshalIlapse oftime after breach of condition by Lessee
before Lessor shall exercise its option under this paragraph operate to defeat the right of the Lessor
to declare this least null and void and to reentei upon the demised pr~crniscs after the said breach or
violation.
MAR-O1-2007(THU) 12;05 Smith Elliott & Kearns ~ (FAfO717 2d3 1177 P.D07/DiD
~ l9. In the event of destruction of the demised premises by fire, then:
(a) In the event that the demised premises is totally destroyed or so damaged by
fire or other casualty not occurring through fault or negligence of the Lessee or ihosc employed by
or noting for it chat the same cannot be repaired or restored within a reasonable time, this Lease shall
absolutely cease and detcnnine, and the rcpt shall abate for the balance of the term.
(b) )lthe damage caused as above be only partial and such that the premises can
be restored to their then condition within forty-fve (45j days ofthe date that the damage occurred,
the Lessor may, at its option, restore the same with reasonable promptness, reserving the right to
eater upon the demised premises for that purpose. 'The Lessor also reserves the rir, ht to enter upon
the demised premises whenever necessary to ,repair damage caused by fire or other casualty to the
building of which the demises premises is a part, even though the effect of such entry be to render
the demised premises or a part thereof untenantable. In either, event, the rent shall be apportioned
and suspended during the time the Lessor is in possession, taking into account the proportion of the
demised premises rendered untenantable and the duration of the Lessor's possession.
~, (c) Lessor shall make such election to repair the premises or terminate this Lease
by giving notice thereof to Lessee at the leased premises withip fifteen (1 ~) days from the day Lessor
received notice that the demised premises had been destroyed or damaged by fire or other casualty.
(d) Lessor shall not be liable for any damage, compensation.orclaim by reason
of inconvetience or annoyance arising from the necessity of repairing any portion of the building,
the intemtpdon in the use of the premises, or' the termination of this Lease by reason of the
destruction of the premises.
20. Alt notices and demands, legal or otherwise, incidental to this Icasc, or the occupancy
of the demised premises, shall be in writing: l'f the Lessor or its agents desires to give or serve upon
the Lesscc any notice ordemand, it shall be sufficient to send a copy thereol'byregistered or certified
mail return receipt requested, addressed to the Lessee at the demised premises, or to leave a copy
thereof with a person of suitable age found on the premises, or to post a copy thereof upon the door
to said premises. Notices 6-orri the Lessee to Lessor shall be sent by registered or certified mail
i
MRR-O1-200?(THU) 12;06 Smith Elliott & Kearnsr ~ fFR}(}?17 243 it?? P. 008/010
return receipt requested or delivered to the Lessor at the place hereinabove designated for the
i payment ofrent, or to such party orp]ace as the Lessor may from time-to-time designate in writing.
21. Tn the event that the Lessee shall remain in the demised premises after the expiration
of the term of this lease without having executed a new written lease with the Lessor, such holding
over shall not constitute a renewal or extension of this lease. The Lessor may, at its option, elect to
treat the Lessee as one who has not removed at the end of his term, and thereupon be entitled to all
remedies against the Lessee provided by law in that situation, or the Lessor may elect, at its option,
to construe such holding over as a tenancy from month-to-month, subject to all the terms and
conditions of this tease, excepting duration thereof, and in that event the Lesscc shall pay monthly
rent in advance at the rate provided herein for flit first month of said holdover. After the initia
month's holdover, the monthly rental amount shall be T wo rt-Nao~ Oa~1l ~ ti S AND
a ~.aa WN
NO/I00 (~;599:86)~ DOLLARS. poring any holdover period, Lessee shall comply with all the
provisions and covenants contained in~ this lease, including any and all notice provisions.
- 22. ]f the property or any pert thereof wherein the demised premises alt located shall be
taken bypublic orquasi-public authority under anypower ofeminent domain or condemnation, this
lease, at the option of the Lessor, .shall forthwith terminate and the Lessee shall have no ciaim or
interest in or to any award of damages far such taking.
23. Any dispute arising under this lease shall be settled by arbitration. Then Lessor and
Lessee shall each choose an arbitrator, and the two azbitrators thus chosen shall select a third
arbivator. The findings and award ofthe three arbitrators thus chosen shall, be by majority vote and
their decision final and binding on the.parties hereto.
24. No rights are to~be conferred upon the Lessee until this lease has been Signed by the
Lessor, and an.executed copy of the lease has been delivered to the Lessee.
MRR-O1-2007(THU) 12,06 Smith Etliott & Kearns ~ } (fRX)717 24~ 1177 P.009/O10
25. The foregoing rights and remedies are not intended to be exclusive but as additional
to all rights and remedies the Lessor would otherwise have by law,
26. All of the terms, covenants and conditions of this lease shall inure to the benefit'of
and be binding upon the respective heirs, executors, administrators, successors and assigns of the
parties hereto. However, in the event of the death of the Lessee, if an individual, the Lessor may,
at its option, terminate this lease by notifying the executor of administrator of the Lessee at the
demised premises.
27. This lease and the obligation of Lessee to pay rent hereunder and perform all of the
other covenants and agreements hereunder on part of Lessee to be performed shall in no way be
affected, impaired or excused because Lessor is unable to supply or is dtiayed in supplying any
. service expressly or impliedly to be supplied or is unable to make, or is delayed in making any
repairs, additions, alterations or decorations or is unable to supply or is delayed in supplying any
equipment or fixtures, if Lessor is prevented oz delayed from so doing by reason of govcmmrntal
preemption in connection with the National Emergency declared by the President of the United
States or in connection with any rule, order to regulation of any department or subdivision thereof
of any governmental agency or by reason of the conditions of supply and demand which have been
or are affected by the war.
28. In the event that the premises demised, or any part thereof, is taken or condemned for
a public or quasi-public use, this Lease shall, as to the part so taken, terminate as of the date title
shad vest in the condemnor, and rent shall abate in proportion to the square feet ofleased space taken
or condemned, or shall cease ifthe entire premises be so taken. In either event, the Lessee waives
all claims against the Lessor byrcason of the complete or partial taking of the demised premises, and
it is agreed that the Lessee shall not be entitled to any notice whatsoever of the partial or complete
. . termination oi'this Lease by reason of the aforesaid.
29. If at any tune during the term of this Lease or-any renewal hereof the Land
~ Development and Subdivision Ordinance of South Middleton Township permits by right the
MRR-~1-2007{TNLI) 12;06 Smith Elliott ~ Kearns
~FRX)?1? 243 11?? P.O10/O10
subdivision of the demised premises from the overall tract owned by Lesser, than in such event,
~ subdivision of the demised premises shall be processed by Lessor ai Lessee's sole expense. Upon
receipt of fna1 subdivision approval, Lessee shall have the option to purchase the demised premises
from Lessor at a price to be detcnnined by certified real estate appraisers. Lessor shall obtain one
such appraisal, Lessee shall obtain one such appraisal, and the two appraisers so selected shall pick
a third appraiser. The average of the three appraisals so obtained shall constitute the purchase price.
The appraisals shall not take into consideration any betterment to the demised premises caused by
unprovements installed at Lessee's sole expense, Settlement shall occur within thirty (30) days after
the price has been sa determined, Each party shall bear one-half of the transfer taxes then in effect
aril real estate taxes shall be prorated to the date of settlctnent. Conveyance shall be by deed of
special warranty conveying free and clear titleto Lessee. In no event shall settlement occur after the
expiration of the term, or any renewal term, of this Lease.
i
IN 1~vT1NESS WHEREOF, the said parties have hereunto sot their hands and seals the day
and year first above written.
+~
tt~Rlac,w.. C1-~~'
F'w,r"..~w S
i:W~ FoldwWinn Cact~Gesdxi991l331~31.w~pcjnltate.wpd
WITNESS
~~~ ~6/ ~~
~'~' ~- ~~
ti~ p~ os ~~ ~
y.r~~-~r ~ec~! ~,1
_, ~~;W'.i~~II~
~ 1
FAIRVIEW STORAGE
ASSOCIATES, L.L.C.,
Plaintiff,
vs.
DOLORES J. HOSTETTER, dd/b/a
WALK-IN CLOSET
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA,
CIVIL ACTION -LAW
NO. 07-2788 Civil Term
PRAECIPE FOR DEFAULT TUDGMENT
TO: Cumberland County Prothonotary
Please enter judgment in favor of Plaintiff and against Defendant in the amount of $6,680.00
with interest thereon at the legal rate from June 12, 2007 plus attorney's fees in the amount of
FEES, plus costs, for failure of Defendant to plead with twenty days from the date of service of the
Complaint on May 1, 2007. It is certified that Notice of Intention to Enter Default Judgment has
been given in accordance with Rule 237.1 of the Pennsylvania Rules of Civil Procedure, a copy of
said Notice being attached hereto.
DATED: June 12, 2007
Robert G. Frey
5 South Hanover Street
Carlilse, PA 17013
(717) 2443-5838
U.S. POSTAL SERVICE CERTIFICATE OF-MAILING. "` ~ c
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL;bOE$NOT ~~,...,"~'~ ~ ~ n
PROVIDE FOR INSURANCE-POSTMASTER - N
Received From: ~ `~
'F~e ~,,..~ ~'l~. ~
r
One piece of ordinary mail addressed ro:
t~ 1~~f,~ ~e..1~~T~. C~os~"
t S `~cN'v~1~.; l ~ Go v r~
Co.r~ ~; s l ~ , ~' 1~ 1 ~ c~t,3
o
yJ ~•~' ~9~
3~yr-.-.DN
oC=
~~ -~ -Wm°t°n
J S G9'1
m
PS Fonn 3817, January
FAIRVIEW STORAGE : IN THE COURT OF COMMON PLEAS OF
ASSOCIATES, L.L.C., :CUMBERLAND COUNTY, PENNSYLVANIA,
Plaintiff,
vs. :CIVIL ACTION -LAW
DOLORES J. HOSTETTER, dd/b/a NO. 07-2788 Civil Term
WALK-IN CLOSET .
Defendant
TO: Dolores J. Hostetter, t/dlb/a Walk-In Closet
DATE OF NOTICE: June 1, 2007
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAII.ED TO TAKE ACTION
REQUIRED OF YOU IN THIS .CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
~~
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
~_- .~. o
~ ~'"'
1
~~' -~ `~
~~--
h-.,
` ~
te
..~ = r
""
~
;
r. tv +,,'h
r>
r ~
C f ~*
°
~. L~~.
~-p
N
:~ ~
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-02788 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FAIRVIEW STORAGE ASSOCIATES LL
VS
HOSTETTER DOLORES J ET AL
STEPHEN BENDER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
HOSTETTER DOLORES J T/D/B/A WALK-IN CLOSET the
DEFENDANT at 1760:00 HOURS, on the 11th day of May 2007
at 15 THORNHILL COURT
CARLISLE, PA
MARK HOSTETTER, SON
by handing to
ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.80
Postage .41
Surcharge 10.00
.00
6'aD/~q ~ / 3 3.21
Sworn and Subscibed to
before me this
day
So Answers:
a ,,,
R. Thomas Kline
05/14/2007
FREY & TILEY
By:
eputy Sheriff
of A.D.
FAIRVIEW STORAGE
ASSOCIATES, L.L.C.,
Plaintiff,
vs.
DOLORES J. HOSTETTER, t/d/b/a
WALK-IN CLOSET
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA,
CIVIL ACTION - LAW
NO. 07-2788 Civil Tenn
PRAECIPE TO SATISFY
To the Prothonotary:
Please mark the above-captioned action Satisfied.
Respectfully submitted
Frey & Tiley,
Attorneys for Plaintiff
By:
Robert G. Frey, Esquire
Supreme Court Number 463
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
?
C n
i
rqw
Zrn
=;o M
Co
(T? r
'O
r"
<> r n
C>6
C-) MC
=C)
CO