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HomeMy WebLinkAbout07-4686f~ ~. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, Coun Of , , FROM h/ CtArZberlaiid MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. ~r(- ~(o $(p ~ ~ 1f ~ ~ ~ e-'H NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. (3) The date of service of this rule if service was by mail is the date of the mailing. NAME OFAPPELLANTFleet Services Of Central MAG.DIST.NO. NAME OFMDJ PA Inc Jose>,h J Golesh and John 0~-1-01 Charles F Clement Jr ADDRESS OF APPELLANT Golesh CITY STATE ZIP CODE P.O. Roy; 323 Pae~~ Cur!i~erland PA 17070 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant) 7/24/07 ~Iarry Grossnan v. Fleet Services of Central PA, Irc., et e.l. DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT CV-0000265-07 This block will be signed ONLY when this notation is required under Pa. R.C.P.D. J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDERS to the judgment for possession in this case. ~'l ~ t n~ ~ - E _ ~7 was Claimant (see Pa. Ronald D. Butler before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy 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.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon fI~.rry Grossnan appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. ~~ "y~OC~(o )within twenty (20) days after service of rule or suffer entry dg n~f pros. Signature of appellant or attorney or agent Ronald D. Eutle~- Escuire //~~ , _ RULE: To ~t2.t'TV (?I'D5~1riQ..P1 appellees) Name of appellees) OWNER (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 mail. (2) If you do not file a complaint within this time JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Date 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 COURT FILE TO BE FILED WITH PROTHONOTARY i 4 . _N O {f-. -Ea cr ^~r,, ss+. Z"i" ~ ~ fir`' G ~ nz~-- ~ ~ ~ oo ~ ~ t, 'C ~-' ~ ~ -vm ~~ .p W ~ ~ - c c~ z •• ~ m w ~ ~ ~ ~ ~ tr 08!01!200' 10:41 ?177746684 COMMONWEALTH OF PENNSYLVANIA couNTY oF: ~ 09-1-01 Moa. Dl?1, NO.~ MD.I Ncime: Heron:. ~* T~ CB11iRL19B A. , vA Addm;s; 400 S]tIDG$ ST OLDS TO'NraB CO1~088 - BIIITS 3 85N C~19E~1:l,SSD, PA Telephone: (717) 774-5989 17070 PAGE 02!04 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE P~/•L~ApINTIFF; a'~~y NAME end ADDRESS ~~A~B~, A~'iii.Ri PO HOZ 152 >li51f C~rs~~r-ism, PA 17070 L VS. J DEFENDANT. NAME and ADDREg$ rPLE1LT S>OitoICBB Ole CEIATBAL PA I>BC, ~ PO 80E 323 l~11 CO>r8E1lIJ~l11m r PA 17 0 7 0 C>BABLES A. CI.S31~T, J]! L J 000 SjLIDAE 9T Docket No.: CP-0000265-07 OLDS TOif~a CQ10[Og9 -BIIITS 3 Date Filed: 6/25/07 8514 COI[HSitillllm, PP1 17 07 0 THIS IS TO NOTIFY YOU TFIAT: Judgment: nBFADLT PL'1"F (pate of Judgment) 7/24/07 Judgment was entered for: (Name) A~L0991~11~, >BAASY Judgment was entered against: (Name) >RL~ SSitDICE9 Oa C811TA71L PA I8C in the amount of $ 7, 574.0 Defendants are jointly and severally liable. Damages will be assessed on Date 8~ Time This case dismissed without prejudice. Amount of Judgment Subject to AttaChment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $- _ Amount of Judgment $ 7, 429.08 Judgment Costs $ 146. Interest on Judgment $ Attorney Fees $ - 00 Total $ 7, 574.08 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TQ APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FlLING A NOTICE of APPEAL WITH THE PpOTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTRRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUOGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY 7HE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FlLE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES. OR OTHERWISE COMPLIES WITH THE JUDGMENT. JUL E ~ LUU/ Date L~~Gd l.I . l.X,?'r^~s~ I certify that this is a true and correct Dopy of the record of the Date My commission expires first Monday of January, 5008 AOPC 315-06 CLEMENT Magisterial District Judge SEAL DlilTg Piti~1T1®s 7/25/07 2:03:00 P1L • .Magisterial District J ngs containing the judgment. 08!01!2007 10:41 7177746684 CLEMENT PAGE 03104 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CIIl~BP?+Z1gD MflQ. DiM. No.: 09-1-01 MDJ N,m¢: Hon, C>BA~tLBB A. CLi1il~l1T, ~t tidd~;.; 400 BjLIi1DGg ST OLDS TOi~S C011KOFS -SIIITE 3 !/EIt C01~E1t*~~, PA T~i~aha~e: X717 i 774-5989 17070 ~*g,>QTaea A. CL~EZT, Jft 400 SRIDG$ ST OLDS TON,Rl6 COIpfv0~fR8 -13IIITS 3 NJgK CIIMBSRL81®, PA 17070 THIS IS TO NOTIFY YOU THAT: NOTICE OF JUDGMENTffRANSCRIPT clvl~ casE PLAINTIFF; NAME and ADDRESS ~~evssxA~lr, s~eg ~ PO HOZ 152 sir coics~Il;L~, PA 17070 L J VS. DEFENDANT: NAME and ADDRESS rFLEET SE~tPICSS OF CEIlf'rjtAl, PA IN'C, ~ PO HOZ 923 ~ cv~a>Rr.A>u>D, PA i7o7o L J Docket No.: CR-0000265-07 Date Filed: 6/25/07 Judgment: !OA PLi~ZTIFiF (Date of Judgment) 7/Z4/07 Judgment was entered for: (Name) I~tOS91et7-II• ~ZY Judgment was entered against: Name) aOLi1e88, JOSaPB ~ in the amount of ~ ?, 54.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachmentl42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease ~ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 7,428.08 $ 14 . $ • $ .00 $ 7,574.081 Certlfled Judgment Total $ ANY PARTY HA5 THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL Wrni THE PROTHONOTARY/CLBRK OF THE COURT OF COMMON PLEAS. CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES. IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY 8E IS9UED BY THE MAGISTERIAL DISTi~1CT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS. ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WfTH THE MAGISTERIAL DISTRICT J UDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. J U L 2 4 2007 Date ~~~~ ~. ~~•~~,, I certify that this is a true and correct copy of the record of the Date My commission expires first Monday of January, 2008 Magisterial District Judge containing the judgment. . Magisterial District Judge SEAL AOPC 315-06 DATZ P]tIMTrI6D: 7/25/07 2 s 03.00 P![ COMMONWEALTH OF PENNSYLt/ANIA COURT OF COMMON PLEAS Judicial District, County Of r;ur~:~~~ IarY NCIifiICE O'f* APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. ~~~ g n ~ ~ y ~ ~ ~~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT"1~{rt: ~F.?:C"Jic.t?u t7~~ ueY?.tral NAME OF MDJ ADDRESS OF APPELLANT taC1C'SxJ CITY STATE ZIP CODE r .ra L_ .. _ «.. ... uH i c ur wuanntrv ~ IN THE CASE OF (Plaintiff) ~ (Def ndant) / 4 >d~d~{}7 iS,~T'P~ '~YOSS!Si;LIY E%'. 1~@F_'~_,`'.f'TV1CE: {~7~ ~'t??2~±'~~ Fri, xY~C., FC tt~.. DOCKET No. This block will be signed ONLY when this notation is required under Pa. R.C.P.D. J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDERS to the judgment for possession in this case. Signature of Prothonotary or Deputy ~...~zf' °~:l/',;~{;~..-C.~,t.,. z}crz~31~ ?i. sit.*~.er If appellent'was C/aimant7see Pa. R.C.P.~J. N . 001(6 in action ~-" ~ -Y1 before a Magisterial District Judge, A CLAIN{~fUS~BE FILED within r.-; '"~~~=- r-n ~venry -'~. .-.. t.1 r (20) days after filing the NOTICE of APF~i4L. "" .~" _ +~ .. :: 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.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon `_a x`r s' +-wr~;_ ::;rz~.Y appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. (~~- yfQ$(o ) ytrithin twen~ {20) days after service,of rule or suffer entry o, dgment f .pros. Signature of appellant or attorney or agent RULE: To ~a.r_ r~i __~t'csSSmc~.n appellees) ? Name o/appellee(s) OWNER (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date 20 /~` p Jf~ nature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT(fRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 COURT FILE _~__ ..,_ _w.. .~..~.,,, .. p~~f ~~~+(y ~/~] }~~+ ,$/~~ ,?~~py ~~++ Bp (yM~~ .y(.~ ~ ~ag/arr~~r;wwa.. ~..,.... asw+r.+xq/wrJ~wwglw.wwrwwawa~w..mv.+k,.,vat{wg.,~.~rcwaw~.anwaw.w*a+*~.?wwvww.a~a~ {~}~..~gy (/~y,, wa,~((t~~(+~wt~. 1w~.mm.~wr eµ wwww.~.~.: f IA RAM 11 .M 4d'6wRlpM F!F4~ W d '# ~ ,ti'W r X9Mr' 7~ w/If1'~~+r"l.ll t ~~r; ;,~~i:~f ('f w~~"~'3CC' ?4~~.~~; ~ ~ F ~ ,~=" I~``~T~-1~~J 7'~~ 1 D C~i~Y'~" +,,:~ /' r ,t ! ~. ~ ~ ~1~~~"'~d t~6ir7t~ der r7(~~)~:'() (,~ ,.~~,~r~~~ t,~"~'~~'t.~~ ,~~.','. ~ _ , DAUPIil2v X ~~„~ AuE__ust 13, 07 August 13, 07 - --two. 07-4656 Civil Term X ~ix_~:cx :1. XXXXXXX 13th Au~ust_ 07 -~ ~-~, _ Harry Gro_ss::;an ~. .: xa:~_.: xx ~e~~ THOF Ronald D. D>_:tler NOTARWi. REAL ~YL L FEROU90N, NOtYy N~IIC IMr croaM~lon E~pirw MrN a A00a Notary Purulic ~~7..x~. f2_i_ Off.._ _ _ _ _. - - m .. • ..- a m m Q Postage ~ , 'S O ~ Certified Fee 07.. ~o s ~ ~ Return Receipt Fee (Endorsement Required) (~ Postmark Here D Restricted Delivery Fee 0 (Endorsement Required) ..0 Total Posta e & Fees ~ :7. 2 ~ ~' (3 I p~ ~ g ~ Sent To p Street, Apt. No., [~- or PO Box No. City, State, ZlP+4 - -------°---_.._.--'-----"------ ~~ (Aomestic Mai! Only; No Insurance Coverage Provide ~ For delivery information visit our website at www,usps.com~,, m i__.~ ~._-.-_ _...4~ m ~~ O Postage $ , f~ -- ~„ C.ertitied Fee ~ ~~- ~ Postmark Retum Receipt Fee Here O (Endorsement Required) ~ . , S O Restricted Delivery Fee ~ (Endorsement Required) Q ~' Total Postage & Fees ~ ~ ~~ 6 f { 3 ~ b~ f'U ~ Sent o p; a r2; C r S"/S Yj C~ CNII ~l-£ S ~ • t_ £a1£ rt /(, ~ - ---- - --cf oo__~'~i DG~ S~/z,ff~-------------- p Srtree{ Apt. No.; _ (~- or PO Box No. b L ~ ~1`~ ~ ~ S City, State, ZIP 4 i. t,J CvmB £c~ ~r4 N A r / 7 0 7 a BUTLER LAW FIRM Ronald D. Butler, Esquire Attorney I.D. No.: 09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 lawyers~a~.butlerlawfirm.com HARRY GROSSMAN, Plaintiff v. FLEET SERVICES OF CENT PA, INC., JOSEPH J. GOLESH AND J HI\ GOLESH, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4686 CIVIL ACTION -LAW I, Jana Butler Toole, Esquir~, hereby certify that on the 5th day of September, 2007, I served a true and correct copy of the foregoing Ten Day Notice by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Harry Grossman P.O. Box 152 New Cumberland, P 17070 Ana Butler Toole, Esquire /Attorney for Plaintiff LD. #80574 500 North Third Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 BUTLER LAW FIRM Ronald D. Butler, Esquire Attorney I.D. No.: 09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 lawyers c butlerlawfirm.com HARRY GROSSMAN, Plaintiff v. FLEET SERVICES OF CENTRAL INC., JOSEPH J. GOLESH AND J( GOLESH, Defendants TO: Harry Grossman P.O. Box 152 New Cumberland, PA 1 A, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4686 CIVIL ACTION -LAW IMPORTANT NOTICE DATE OF NOTICE: September 5, X2007 YOU ARE IN DEFAULT B OF YOU IN THIS CASE. UNLES THIS NOTICE, A JUDGMENT M, AND YOU MAY LOSE YOUR PR TAKE THIS PAPER TO YOUR L~ CANNOT AFFORD ONE, GO TO OUT WHERE YOU CAN GET LE ;CAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF .Y BE ENTERED AGAINST YOU WITHOUT A HEARING, ~PERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR ~R TELEPHONE THE OFFICE SET FORTH BELOW TO FIND iAL HELP. LAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 17) 249-3166 or (800) 990-9108 NOTICIA IMPORTANTE A: Harry Grossman P.O. Box 152 New Cumberland, PA 17070 '~ FECHA DE NOTICIA: September ~, 2007 USTED NO HA COMPLID CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDA RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA F HA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA U TED SIN UNA AUDIENCIA Y USTED PODRIA PERDER DINERO OR PROPIEDAD U OTR S DERECHOS IMPORTANTES PARR USTED. USTED DEBE LLEVAR ESTE DOCUMENTO A U ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME OR VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A ERCA DE COMO CONSEGUIR UN ABOGADO. LAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 17) 249-3166 or (800) 990-9108 C) ~ ;.~ ~~ ~ -n ``` ~ n ~-. -+ ~~ ~~ F _ O~ t_j t" -~ :1^' :{ • . r: ~ i Y J ^J^ A r! '~~' .4 f °" ~'.'17avid J. Lanza LD. No. 55782 356 North 21~ Street Attorney for Plaintiff Camp Hill, Pennsylvania 17011 (717) 730-3775 HARRY GROSSMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v. FLEET SERVICES of CENTRAL PA, INC., JOSEPH J. GOLESH and JOHN GOLESH Defendants NOTICE TO DEFEND To the Defendant: CIVIL ACTION -LAW 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 defense 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 SL=T FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. N0.07-4886 Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, Pennsylvania 17101 Telephone: (717) 232-7536 - , David J. Lanza I.D. No. 55782 356 North 21st Street Attorney for Plaintiff Camp Hill, Pennsylvania 17011 (717) 730-3775 HARRY GROSSMAN, !N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff N0.07-4686 v. CIVIL ACTION - I.AW FLEET SERVICES of CENTRAL PA, INC., JOSEPH J. GOLESH and JOHN GOLESH Defendants COMPLAINT 1. The Plaintiff, Harry Grossman, is an adult individual with an address at P.O. Box 152, New Cumberland, PA 17070. 2. The Defendants, Fleet Services of Central Pa, Inc., Joseph J. Golesh and John Golesh, are adult individuals purporting to have an address at Box 323, New Cumberland, PA 17070. 3. On or about January 12, 2006, Plaintiff and Defendants entered into a commercial Lease for the premises situate at 7"' and Water Streets, New Cumberland, Cumberland County, PA ("the Premises"). A true and correct copy of the aforesaid Lease is attached hereto as Exhibit "A°. 4. The aforesaid Lease required Defendants to make rental payments in the amount of $2,285.56 per month. 5. Defendants failed to pay rent in a timely fashion from and after November 2006, thus incurring late fees for every month from November 2006 through June 2007. 6. The Defendants are in default in that they have failed to pay rent in a complete and timely fashion from and after February 2007. 7. On or about April 20, 2007, Plaintiff and Defendants entered into an extension agreement to replace the expiring Lease agreement, which extension required Defendants to pay monthly rent in the amount of $2,399.00. A true and correct copy of the aforesaid agreement is attached hereto as Exhib~ "B". 8. Defendants accepted and agreed to the terms of this agreement by remaining in the premises beyond the expiration of the original Lease and continuing to accept the benefits of the agreement and Plaintiffs premises. 9. Defendants failed to renounce this agreement until they vacated the premises several months later. 10. Plaintiff acted in reliance on Defendants' silence and continued occupation of the premises. 11. Upon vacating the premises, Defendants damaged overhead doors and left signs on the premises that Plaintiff had to remove. 12. Plaintiff shall be forced to incur costs in the amount of $365.00 to repair and replace the doors. 13. Plaintiff shall be forced to incur costs in the amount of $180.00 for sign removal. 14. Defendants failed to pay utility bills in the amount of $455.74. 15. Plaintiff was forced to incur charges in the amount of $63.06 to replace the locks upon Defendants' vacation of the premises. 16. Plaintiff was forced to incur District Justice filing fees in the amount of $146.00 for the purpose of enforcing the Lease. 17. Plaintiff is entitled to recover attomey fees pursuant to Defendants' default and ~( 17 of the Lease. 18. Plaintiff is expected to incur attomey fees equal to or exceeding $3,000.00. 19. Plaintiff is entitled to judgment in the amount of $ 21,397.78, calculated as follows: f ' Unpaid Rent $18,251.68 Late Fees $811.30 Door repair $365.00 Sign Removal $180.00 Lock replacement $63.06 Utility bills $455.74 District Justice filing fees $146.00 Attorney fees $3,000.00 Security deposit retained (1875.00) Total $ 21,397.78 20. Plaintiff has demanded the aforesaid sums, but Defendants have refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of twenty one thousand, three hundred ninety-seven and 78/100 ($21,397.78) plus interest and all additional attorney fees incurred by Plaintiff. RespectFully submitted, ~~ David J. Lanza Attorney I.D. No. 55782 356 North 21 °t Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff ss-~ ~ 56-11 VERIFICATION I, Harry Grossman, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. -, Date: ~ I y ~c. By: a Grossman 4 CERTIFICATE OF SERVICE AND NOW, this 14~' day of September, 2007, the undersigned does he+~eby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, fast lass postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Ronald D. Butler, Esquire 500 North Third Street Hamsburg, PA 17108 David J. 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MMe 0~ ~! ~ ~pM! ~j Irf L I EMI/. ~ ~,., Imo' i ~ ~1' N~#~M L~~~'~ ~!" M ~ ",. :. .. , ... ~~ ~IMrt ~!!' E'er! ~~ ~. ~ ~~ ~ • ,~..,,.~.,~ ~~ ~ Ot ~` i'~+Ar!' ,~aJ~ctY of Csxn~L /l~,w! '~' ~~ Gaac~ T.~v~./ ~d ~6a+.T N ~ v ~. ,~~. Lasso,2 Sl,~/ aaF lE<s~ s cx~ S.~c_. f,~,v;~. 7`!we ~floni,.,~ ~• /^/S~-// 3 a/A~92 C . /Pe~c_ Q~ ~ (,qKs pRfa~ ~ ~ ~~Ssi ate/ ,~ov R~~+~ /Qsxa-'c ^"f /A~c~t~M.s oQ St-ct.cw.s o~ ~;7~avs ,~vf /~lt~s7 iP~,ns~,L /F LE~;E Ord L~sse Exte.~dxs ~~GiZ Lt~ss rte,. S ~'eS. ~~ _~' r ~. t ~,\ ~~ .` ~~ ~ `~ ~ .~ ~~ ~~ EXHIBIT B ,~,,..~ ,.. ~,c.uL, , ~.~ ~, ~" s~v; ~.- f-~ Gov ~ 1'~--_ Gu~Rt+7~" ~t~-- ~s ~cL,,~G?r,~ ;~ mid ~,~'C~~t~- o~', 0~1 ~ ~/~/ `~~ ~,~ L~,.~- 5't,,,~f,~ /~ ~ 2ov%: Sire s,~c..~-- c,~d S nme,. ~v~-~,•-~i-,r ~~~,vxo~/ .S~'c l,~s o.~ © Sx: s~'`~~r,.f J ~. QiPrn!y ~/9 ~f ~v~ ~'~lo.~-.,7~5 Gv~C.t..~~' .~'r '`~`_,2?`?-00~ 3~ ~~. ~G~~~6 o~~ l ~/ ,~tl~/ do /`~m~r ~S~'., SA.,~c G ,~, s , Ar~ar~.M~ nr~, ~. 'R.favAc~.•.J~° s 77iaC IA- ~" f~ / 9'ob G,~~ y~,,r,~L 6' ~i f ~A q ,~ ~~- ~~~- ~n~~ s ~s ~l~d~s ~~ y ~-z~ G~¢Di'~ Fcli ~x ~ S ~ ~ ~ ,,y'E'~. ,,~s Di° ~0?1 d 1~ Na SiRc ~ Ox i(~erl ~ St~. .~,~ -~- ~ofr~,n r4- lV77~-t~" ~,, ~Z6G~ol~ G~ 6'~ ~~~~'z~ Q 1 ~ ~ -~o s Ia3~+ ~-~ ~- its.. /b yd r~'~ ~ r~.e s a~ a5's~ ~ f ~'~ bras 2 2 ~'~'~` ~ ~ !.~ ~t~-rMa S ~'~~ ~' S6 c ~ _~v 3. . ~ ~ ~~~~~ ~~ f~~~ _ ~- ~~ ~~~ ~~~ ~~, ~ ~ a~ ~.~ --_. -~'y~,`~ ~ ~ ~~ .-- Q~~~~ ~'~~` +~~ ~s~ ~ ~- ~~t~ 1 sir C'J C "" ~, -•.r ~ t.'-: cn ~.:. ; : ti ~ ~• -~ -- rrt ~_:~ '~ a --~ ~ yµ, ~ ~ ~` ~? w N .~ BUTLER LAW FIRM Ronald D. Butler, Esquire Attorney I.D. No.: 09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 lar~~~e~°s~rb~~tlerla~vfirm.catti HARRY GROSSMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. FLEET SERVICES OF CENTRAL PA, INC., JOSEPH J. GOLESH AND JOHN GOLESH, Defendants NO. 07-4686 CIVIL ACTION -LAW NOTICE TO PLEAD TO: Harry Grossman c/o David J. Lanza, Esquire 356 North 21St Street Camp Hill, PA 17011 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment maybe entered against you. BUTLER LAW FIRM d~.~/ Ronald D. Butler, Esquire Attorney for Defendants I.D. #09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 HARRY GROSSMAN, IN THE COURT OF COMM~N PLEAS Plaintiff CUMBERLAND COUNTY, ENNSYLVANIA v. NO. 07-46E6 FLEET SERVICES OF CENTRAL PA, !, INC., JOSEPH J. GOLESH AND JOHN ~, GOLESH, I Defendants CIVIL ACTION -LAW' DEFENDANTS' ANSWER AND NEW MATTER ', AND NOW, come the Defendants, Fleet Services of Central PA, I~c., Joseph J. Golesh and John Golesh, by and through their attorneys, Butler Law Firm, and file this Answer and New Matter, and in support thereof aver the following: ANSWER 1. Admitted upon information and belief. 2. Admitted. Admitted. The document speaks for itself. 4. Admitted. Admitted in part and Denied in part. It is specifically denied that Defendants owe rent or late charges for December, 2006. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. 7. Denied. It is specifically denied that Defendants entered in o an extension agreement or any other agreement with Plaintiff other than the Lease Agreem nt dated January 12, 2006. 8. Denied. It is specifically denied that Defendants entered int an extension agreement or any other agreement with Plaintiff other than the Lease Agreeme t dated January 12, 2006. Defendants were merely holdover tenants until June 30, 2007, pursu nt to the terms of the Lease Agreement dated January 12, 2006. The allegations made in this par graph also constitute a conclusion of law to which no response is required. ~~', 9. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. 10. Denied. Defendants are without sufficient information and l~nowledge to form a belief as to the truth of the allegations made in this paragraph. As such, aid allegations are specifically denied and strict proof thereof is demanded at trial. The allegations made in this paragraph also constitute a conclusion of law to which no response is required. ll . Admitted in part and Denied in part. Defendants cut exhaust ventilation in the overhead doors upon taking possession of the leased premises. only that Defendants left signs on the premises. 12. Denied. Defendants are without sufficient information. and k form a belief as to the truth of the allegations made in this paragraph. As such, s are specifically denied and strict proof thereof is demanded at trial. for It is admitted ledge to allegations 13. Denied. Defendants are without sufficient information and knowledge to form a belief as to the truth of the allegations made in this paragraph. As such, said allegations are I specifically denied and strict proof thereof is demanded at trial. i 14. Admitted in part and Denied in part. It is admitted only tha~ Defendants owe some amount for water and sewer services. The leased premises did not have ~ separate water meter but shared a meter with other tenants. Plaintiff did not submit to Defendants an itemized water and/or sewer bill. In addition, the water in the toilet and sink ran constantly for some time prior to Plaintiff making repairs. Defendants are without sufficient information and knowledge to form a belief as to the truth of the allegations made in this paragraph regarding the amount owed. As such, said allegations are specifically denied and strict proof thereof ~s demanded at trial. I 15. Denied. It is specifically denied that Defendants "forced" Plaintiff to replace the locks or incur said expense. The Lease Agreement does not require Defendants to change the locks and/or reimburse Plaintiff for the cost of same. 16. Denied. It is specifically denied that Defendants "forced" Pla~ntiff to incur District Justice filing fees. 17. Denied. The allegations made in this paragraph constitute co elusions of law to which no response is required. By way of further response, paragraph 17 of t e Lease Agreement specifies "reasonable attorneys' fees." 18. Denied. Defendants are without sufficient information and kn wledge to form a belief as to the truth of the allegations made in this paragraph. As such, said al egations are specifically denied and strict proof thereof is demanded at trial. Defendants a so deny that such attorney fees are "reasonable" as required by paragraph 17 of the Lease Agree ent. 19. Denied. The allegations made in this paragraph constitute co elusions of law to which no response is required. To the extent a response is deemed to be requi ed, Defendants specifically deny that they owe the amount demanded. Moreover, paragraph 2 of the Lease Agreement states that the security deposit is $2,100.00 (not $1,875.00). 20. Admitted in part and Denied in part. It is specifically denied that Defendants owe the amount demanded. WHEREFORE, Defendants respectfully request this Honorable Plaintiff's Complaint with prejudice and grant all such other relief as is reas~ NEW MATTER 21. Defendant's Answers to paragraphs 1 through 20 of incorporated. herein by reference as though fully set forth. to dismiss le and just. s complaint are 22. On or before June 18, 2007, Defendants gave notice to Plaint~ff of their intent to vacate the lease premises on or before June 30, 2007. 23. Defendants vacated the premises by June 30, 2007. 24. Defendants never entered into any agreements with Plaintiff subsequent to the Lease Agreement dated January 12, 2006. 25. Defendants cut exhaust ports for ventilation in the overhea~ doors upon taking possession of the leased premises. 26. Plaintiff did not provide Defendants with an itemized water a~d/or sewer bill. 27. Plaintiff failed to repair a leaking faucet and toilet in a timely manner resulting in loss of water. 28. Defendants paid (or were credited) with a security deposit i the amount of $2,100.00 pursuant to paragraph 2 of the Lease Agreement. 29. Paragraph 22 of the Lease Agreement provides that Plaintiffs all at Plaintiff's expense repair the roof leaks prior to possession and replace the roof as soon as practicable. 30. Plaintiff failed to repair the roof leaks prior to possession. 31. Plaintiff failed to replace the roof. 32. The roof of the leased premises leaked throughout the lease during the winter of 2007. especially 33. Plaintiff s failure to repair the roof leaks prior to possession d to replace the roof constitutes breach of the Lease Agreement. WHEREFORE, Defendants respectfully requests this Honorable Court to dismiss Plaintiffs Complaint with prejudice and grant all such other relief as is Respectfully submitted, BUTLER LAW FIRM Attorneys for Defendants ~, _1~'9 Ronald D. Butler, E~ LD. #09826 Jana Butler Toole, E LD. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717)236-1485 and just. VERIFICATION I, Joseph J. Golesh, individually and as President of Fleet Services of Central PA, Inc., hereby certify that the facts set forth in the foregoing Answer and Newv Matter are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of l8 Pa. C.S. §4904 relating to unsworn falsification to authorities. lesh Date: ~~ ~ ~ Z ~ ~ _.~ VERIFICATION I, John Golesh, hereby certify that the facts set forth in the fpregoing Answer and New Matter are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to p,~nalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ~ p`,Z~~ 7 HARRY GROSSMAN, IN THE COURT OF COMM~N PLEAS Plaintiff CUMBERLAND COUNTY, ENNSYLVANIA v. FLEET SERVICES OF CENTRAL PA, INC., JOSEPH J. GOLESH AND JOHN GOLESH, Defendants NO. 07-4686 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Jana Butler Toole, Esquire, hereby certify that on the ~ day served a true and correct copy of the foregoing Answer and New Matter by the United States Mail, postage prepaid in Harrisburg, Pennsylvania, David J. Lanza, Esquire 356 North 21st Street Camp Hill, PA 17011 Jape Butle oole, Esquire Attorney or Defendants I.D. #80574 S00 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 October, 2007, I same m as follows: t ? ~ ~-~ ~ e:;- ~~; -~,-~ f"t'i _~~15 _ Lt:f f -...! _ ~_! ~..~w \ ~ / •~ 1 a~ ~~~ ~i 1 'J' x •- :. David J. Lanza, Esquire Attorney I.D. No. 55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 (717)232-7661 Attorney for Plaintiff HARRY GROSSMAN, Plaintiff v. FLEET SERVICES OF CENTRAL PA, INC., JOSEPH J. GOLESH AND JOHN GOLESH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4686 CNIL ACTION -LAW PRAECIPE TO DISCONTINUE TO: PROTHONOTARY OF CUMBERLAND COUNTY: Please discontinue all claims in the above-referenced matter, marking the same as settled, discontinued and withdrawn. CALDWELL KEARNS, P.C. By: David J. Lanza Attorney LD. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Dated: 7 ~~ 0 8 Attorney for Plaintiff a. /2~9/~ Ronald D. Butler, Esquire Attorney I.D. # v9~?-(0 Butler Law Firm P.O. Box 1004 Dated: ? .~ 3 0 ~ Harrisburg, PA 17108-1004 Attorney for Defendants 56-011/135721 ~ G7 i„, ~ r~ "'Fl ~,... "7" ~_~__ C"."..: ~.~. ~~ • _.-d r; !~ ..A,. i Fl ~.. ~,, _ Y ~ t~' tJ ~ y { ~~ -'" ' - i'~7 .s ...i