The URL can be used to link to this page

Home My WebLink About03-5321 COMMOtllyiEALTH Of PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL fROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT <_MON 'L.'" No. 03 - S3 ~I {!; ()~ L 1-E:A.nJ NOTICE OF APPEAL Notice is gi_ that the appellant has filed in the above Caurt of Common Pleas an appeal from the judgment rendered by the District Justice on the dale and in the case ",entioued belo.< Signature of Prothonotary or Deputy I MNJ. OIST. NO. OR NAME Of OJ. C!J Y - 3 - 01 QTY STATE .sk:PT'QAtd\U"5 Zi, 13 r." '- '<- S1GNA_Of_~OJ.HSA{;! e..!J.I!~ bAV:I (J,~ If appellant was CLAIM (see Pa. R.cP.JP. No. 1001 (6) in action be ore District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. ZP CODE NAMf Of APPfLlANT DAu;o A. Ne..fj ~ Of APPELlANT / <I S2. /(;>'l'o: .rl-- DATEOf9~~/o=, II"p:,"~:m' ClAIM NO / cv 02;;2 (" - (;I" "-. LT _.~,- This block will be signed ONLY when this noto~on is required under P~-pjP. No. loo8B. This Notice of Appeal, when receiwd by the District Jus~ce, will operate as a SUPERSEDEAS to the judgment for possession in this case. /);?.,) 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.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy 01 notice 01 appeal to be served upon appellee). PRAECIPE: To Pro~tor~ (/ Enle< rule upon ,.. '-' <:. ~ r-- U \-0 It , oppellee(s). to file 0 complaint in this oppeoI (J eo! appeI....s) (Common Pleas No. 63 - _C::.rJ/ ~ ;u~L }Pd"'rithin twenty (20) days RULE: TO~r-"C'?, ~U<.;)N Name o! _s) . oppeIlee(s). (1) You ore notified thot a rule is hereby entered upon you to file 0 complaint in this appeal within twenty (20) days after the dale of service of this rule upon you by personal service or by certified or registered moil (2) ~ you do not file 0 complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The dale of service of this rule if service was by moil is the dale of moiling. Date: ~r.:J- 1 , --'1'IA3 '- a~ P. ~~:d:J.)@- AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE LE COMPLAINT COMMONWEALTH OF PENNSYlVANI,~ COUNTY OF M~D ~ "<l. (") a 0 .~ ~~ W 'n -n;',: ,:;::, n-j ~... " - ;.~ . -, -, '- ~ I , (jj p. ../:: .-J CJ -/ )-. (,v f-" - , p:? UYJ ...... .'"-., ..-J ' ":') '" ~ ," ~ :::> ~ t~) -: ~ , ~ ~ - COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE 09-3-01 PLAINTIFF: NAME and ADDRESS 'FuLTON, BRUCE 204 E. KING ST KING STREET COURT ~HIPPENSBURG, PA 17257 VS. DEFENDANT: NAME and ADDRESS INEFF, DAVID 14 EKING ST A WORLD OF TOUCH ~HIPPENSBURG, PA 17257 I Mag. Dist. No," OJ Name: Hon. HAROLD E. BENDER Add'", 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA T,I'pho"" (717) 532-7676 17257-0361 .J I DAVID NEFF 14 EKING ST A WORLD OF TOUCH SHIPPENSBURG, PA 17257 Docket No.: cv- 0000226 - 03 Date Filed: 8/13/03 .J . THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT.1HNTIFF [iJ [iJ Judgment was entered for: (Name) FTTT .TON , RRn~R Judgment was entered against: (Name) NF:FF, nA VTn in the amount of $ 70R.OO on: (Date of Judgment) Q/OR/Ol o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) O Amount of Judgment Subject to AttachmenV42 Pa.C.S. ~ 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 638.00 Judgment Costs $ 70.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 708.00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT 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 THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL. SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 9---t/tJ3 Date )/~~~ , District Justice I certify that this is a true and correct copy of the record of the proceedings cDntaining the judgment. Date , District Justice My commission expires first Monday of January, 2006 SEAL AOPC 315,03 DATE PRINTED: 9/08/03 4:13:29 PM ~. , -....,.....,..... --~.- -.,-, 7_~_.'"'.:-, ......... . .. ..".,~ ''r';~a'p.',~. """""~,,~. ~'~~'''''''''''~~'fSIf'~ N'OTICE OF APPEAL I , I DISTRIf:T JUSTICE JUDGMENT I COMMONI PLlA. No. ,~: '. :;2.,),/ CJ ( ), L:Ti.1 !~ NOTICE OF APPEAL FROM ", ""'..,~,.._~ 111 ,~ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT Nofice is given that the appellant has liled in the above Court 01 Common Pleas an appeal 1m", the judgment rendered by the District Just' e on the date and in the case mentioned below :\ CODE NAME Of APPELLANT Ii. AI e./'1 vs. SIGNATURE Of APPEI.LANT CV;J..;),(g-<;J1l LT This black will be signed ONLY when this notofion is required under PO:,.Jl,CPJP. No. 10088. This Notice of Appeal. when received by the District Justice, will operate as 0 SUPERSEDEAS to the judgment lor possession in this case. ."'.'Y' Signature of Prothonotary or Deputy If olppellant was CLAIM T (see Pa. R.C. .J.P. No. 1001 (6) in action befOre District Justice, MUST FILE A COMPLAINT within twenty (20) d ys after filing his NOTICE of APPEAL. 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.J.P. No. 1001 (7) in action before DistJict J stice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee), PRAECIPE: To Pro~tory , Enter rule upon _K ,.... ~ <:. Q.. t U {o 1\ , appellee(s), to lile a complaint in /J Name 01 appellee( s) (Common Pleas No. DJ - ).1 J I ~;i ,;L '"p4/"hfithin twenty (20) days ~i-'~f rule or sulfer ry al judgm -/ 'j" I RULE: To ~1>,..~c.\>. r: (~0N Name of appeIlee(s) v '" agent , appellee(s). (1) You are notified that,QJ\lle, is he<eby entered upon you to file a camplaint in this appeal within twenty (20) days after the date I service of this rute upon you bY' ~j.s"vice or by certified or registered mail. , '.'!(-7',I..,.' ''', Date: (2) If you dO no' file'acomplaintwithi"thls fime, a JUDGMENT Of NON PROS WILL 8E ENTERED AGAINST YOU. L.. '''.". ,", .' , . t~'" .. " (3) The date..9fserv~ 9,1 this rule if ";Yic. 'was by mail is the date 01 mailing. Or.+ ~ "~~'~ i: '- 04 -' Ii ' : ~ ,.>~;:." ...-., .'( '.' ''^, " -'" ,.-......9".(.. ".. '\\~. . '","., ';,.'- ...---' 1',~\,.,,,,,,...............-.,,,, " ......, ..<r' COURT FILE AOPC 312-90 A .' PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FfLED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONW.EALTH OF PENNSY~ANIA COUNTY OFC:(J.~'M'::VhJ.[.____; SS AFFIDAVIT: I hereby swear or affirm that I served . _ , / [l'''a' copy of the Notice O",f, A" "."ppeJI, CO"!l1",,, man Pie, "a"""S, "",N, 0.. C,),,'~:'$~~/_.. upon the D,istrict Justice designated t,herein on (date 01 serviceJ.~. L~, ('f {~, ..__' ~ersonal service D by (certified) (registered) mail. sender's receipt attached hereto, a d upon the appellee, (name).,..___._ ,.~~" '_.._,~.._, "......_ ,'.., on -_. ___, _ .,., 0 by personal service D by (certiJied) (registered) mall, sender's receipt attached hereto, o and further that I served the, ,RUle to FileJ"",~o "Ia,i"n"",t" ,acco""m""",pa"",n" ying"",t"h, e above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on,_....Lq" Co ''JS___" ,..__ " 0 by personal service !B'-by (cerlified) (registered) mail, sender's receipt attached hereto, ' /'_..... ...... ( SWORN (AFFI,aMED) AND SUBSC.Rrp~D BEFORE ME THIS /~ DAYOFtL~, .J.cyJ ..- /, /,4 /.,:~ i ".-/ I ,.,' r ~. ,4' ~>I/ L",m,~~m'mmI....-:,~"'_;_'~'__'_jlJ_;;:" '>T-_.""'~';g""hi1ture-orii'ffiijr;r /" /' // I (") c s: -00' ni!l' Z:::t. Zl' (j) ,1 ;::;;' <(: ~- ..c.,c) )>c: z =<! C.l 'on My on t7~~ $/ )00'- -.....................-----,..-.......-......."'''''.''''.....,._"-,."..,.....-....-I--..-...._~"""-,, ':") ') ..~ '0 C'" ~ ", ':IJ -< ..... ..... ...D "- U.S. Postal Sendee", R .~Ia:O ,lL", RECE[PT e$ pI ~ 0tI/Ji; Insurance Cove ge Provided) I it our webSlte at w I,."...'..."'...,ii USE U1 ~l!iI:mt:'!~.~~ ~ --_ ~(",,;~!; 1..;,,-1 A L i-------'-~ C(lr:itl",j Foo) ! Certified Mail Provides: fe5Jf.:M8~) G'OOC: aunr 'OOSE WJO.:l Sd . A mailing receipt I' . A unique identifier for your mailpiece . A record of delivery kept by the Postal Service for two years Important Reminders: . Certified Mail may ONLY be combined with First-Class Maika. or Priority Mail@. . Certified Maills not available for any class of international mail. . NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. . For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, prease complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USP~ postmark on your Certified Mail receipt \s requIred. . For an additional fee, delivery may be restricted to the addressee or addressee's authorized aQent. Advise the clerk or mark the mailpiece with the endorsement "RestrictedTIelivery". . If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. ". - ~ ~OSI OcHe!:. SrlIPPENS8URG. pennsy1 vanl a 112079998 - 10/1012003 - Product Oescrlptlon (717)532'2314 02,36:45 P~ sales Receipt -- = Sale Unit Flna1 OW prl ce prl ce - --' 1 $0.45 $0.45 37c #10 Ribbon Star Enve10pe SrlIPPENS8\ ,,,' P A 17257 First-Cia" Return Rece,pt ~old certified ~old Label Serla\ #, 70030500000084957611 $0.37 Issue p~l: $4.42 RefUnd p~1 .$4 42 SrlIPPENS8URG PA 17257 $0'.37 First-Class Return Receipt $1.75 certified $2.30 Labe1 Serla\ #: 70030500000084957611 customer postage _$0.37 subtota1: $4.05 -------- ----.--.. Issue p~l: $4.05 -------- ..-....---- iota\: $4.50 Paid by: Cash $10.50 Change oue: -$6 .00 Please ca11 1_800-ASK-USPS (1_800-275-8777) for USPS Information or visit us on the web at www,usps,com. io order stamps by phone. can 1_600-Stamp24. 8111#: 1000201565693 Clerk: 08 RefUnds on1Y per O~~ P014 _____ ihank yoU tor your business ----- customer Copy - - BRUCE FULTON, t/d/b/al King Street Court, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-5321 CIVIL TERM DA VlD A. NEFF, t/dlb/al A World of Toucb Massage Clinic, 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 LA WYWER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Page 1 of 5 Pages WEIGLE & ASSOCIATES, P.c. _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA BRUCE FULTON, t/d/b/al King Street Court, v. 03-5321 CIVIL TERM DAVID A. NEFF, t/d/b/al A World of Toucb Massage Clinic, Defendant COMPLAINT AND NOW comes the Plaintiff, Bruce Fulton, by and through his attorneys, Weigle & Associates, P.C., and Richard L. Webber, Jr., and files this Complaint, averring as follows: 1. Plaintiff is Bruce Fulton, tid/b/a/ King Street Court, of 204 East King Street, Shippensburg, Pennsylvania 17257. 2. Defendant is David A. Neff, tid/b/a/ A World of Touch Massage Clinic, of 14 East King Street, Shippensburg, Pennsylvania 17257. 3. On or about July 2, 2002, Plaintiff and Defendant entered into a written Commercial Lease Agreement (hereafter referred to as the "Lease"). A copy of said Lease is attached hereto, labeled as Exhibit I, and incorporated by reference herein. 4. The premises subject to the Lease is located at 208 East King Street, Shippensburg, Cumberland County, Pennsylvania. 5. Under the terms of the Lease, Defendant was required to pay Six Hundred Dollars ($600.00) per month for rent. 6. Defendant commenced occupying the leased premises on or about September 1,2003. 7. Defendant vacated the premises on or about May 31, 2003. Page 2 of 5 Pages WEIGLE & ASSOCIATES, RC. _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 8. To date, Defendant has not paid the scheduled monthly rental payment of Six Hundred Dollars ($600.00) for the time period from May 1, 2003 to May 31, 2003. 9. Under paragraph 3 of the Lease, Defendant was obligated, upon termination of the Lease, to surrender the leased premises in as good condition as received, normal wear and tear excepted. 10. At the time that the Lease term commenced, the leased premises was clean and the paint on the walls was in reasonable condition. 11. At the time that Defendant vacated the premises, the walls needed painting to restore the premises to the same condition. 12. Plaintiff incurred an expenditure of One Hundred Dollars ($100.00) to paint the premises. 13. Plaintiff incurred a cost of One Hundred Thirteen Dollars ($113.00) to clean the premises and to otherwise restore the premises to the same condition as existed on the date that the Lease term commenced. 14. On or about August 13, 2003, Plaintiff incurred costs of Seventy Dollars ($70.00) to file the Complaint at the Office of District Justice Harold E. Bender. 15. The total principal balance of $708.00 is owing by Defendant to Plaintiff, calculated as follows: $600.00 + $100.00 + $113.00 Rent for May 2003 plus painting plus cleaning $813.00 - $175.00 Less security deposit $638.00 + $ 70.00 plus District Justice costs $708.00 TOTAL DUE Page 3 of 5 Pages WEIGLE & ASSOCIATES, Re. ATTORNE 5 _ V AT LAW _ 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 16. Paragraph 18 of the Lease states as follows: "18. Attorney's Fees. In case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee." 17. Plaintiff has employed the undersigned counsel to represent him in this proceeding, at a rate of One Hundred Twenty-five Dollars ($125.00) per hour. WHEREFORE, Plaintiff requests judgment in his favor in the amount of Seven Hundred Eight Dollars ($708.00) plus attorney fees, costs, and other appropriate relief. Respectfully submitted, WEIGLE & ASSOCIATES, P.C. Date: 111001 By: ~ "'/,/1 ---- / Richard L. Webber,-Jr.;tSquire Attorney for Plaintiff Attorney ID #49634 126 East King Street Shippensburg, P A 17257 (717)532-7388 Page 4 of 5 Pages WEIGLE & ASSOCIATES, Rc. _ ATTORNEYS AT LAW - 126 EAST KING STREET - SH1PPENSBURG, PA 17257-1397 VERIFICATION 1 verify that the statements made in the foregoing Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: /I /,},Ia!03 . ~t1~ Bf( FULTON Page 5 of 5 Pages WEIGLE & ASSOCIATES, RC. _ ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 A140-10 Rl40-04 COMMERCIAL LEASE This lease is made between of 5pa.c:~ ,01.,08 E- K.n1 'i;,T-, $hb<j. Pit. herein called Lessor, and -K.n1 STre.~T Cou.rT R-e.n+t+J S /I r.-JaiJ.<1:l ot 'Iov<.4 '.7I..."rri.(',z r/-,,,:<- 'b Lessee hereby offers to lease from Ussor tile premises situated in the City of S I) f' &uy'\b~r/a,J County of Pe.y'\"~ . , State of ,described as " ., ,/~ ~ _ i __(.' upon the following TERMS and CONDITIONS: n W,,)cn q ~ f C> Vt.-"'- "11.AJj'A'f~ '--. """"'e!..- 1. TeE'" and ~t. Lessor nemls<>$ the above premises for a term of I . years, commencing -.;;Tl.f T. , ;)I)(:;;)..J (yea,), and terminating on ~T q .;Joo 3 (yeae), or sooner as provided herein at the annual rental of Dollars ($ Ioec ,00 mo. ), payable in equal installments in advance on the first day of each month for that month's rental, during the term of this lease. All rental payments shall be made to Lessor, at the address specified above. 2. Use. Lessee shall use and occupy the premises for "7'4 ~ ..,,/-; c. /nAPA 1'.... . The premises shall be used for no other purpose. Lessor represents that the premises may lawfully be used for such purpose. 3. Care and Maintenance of Premises. Lessee acknowledges that the premises are in good order and repair, unless otherwise indicated herein. Lessee shall, at his own expense and at all times, maintain the premises in good and safe condition, including plate glass, electrical wiring, plumbing and heating installations and any other system or equip- ment upon the premises and shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear excepted. Lessee shall be responsible for all repairs required, excepting the roof, exterior walls, strUc. tural foundations, and: , which shall be maintained by Lessor. Lessee shall also maintain in good condition such portiorl'S adJacent to the premises, such as sidewalks, driveways, lawns and shrubbery, which would otherwise be required to be maintained by Lessor. 4. Alterations. Lessee shall not, without first obtaining the written consent of Lessor, make any alterations, addi- tions, or improvements, in, to or about the premises. 5. Ordinances and StatuteS. Lessee shall comply with all statutes, ordinances and requirements of all municipal. state and federal authorities noW in force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Lessee. . _ _..1 C'._Ll_.";...~ , .....co.... "h<l.l1 nnt ~c;:c;::iO'n this lease or sublet any portion of the premises without prior , , of , herein called Lessee. 12. Eminent Domain. If the premises or any part thereof or any estate therein, or any other part of the building mate. rially affecting Lessee's use of the premises, shall be taken by eminent domain, this lease shall terminate on the date when title vests pursuant to such taking. The rent. and any additional rent, shall be apportioned as of the termination date, and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for such taking or any payment in lieu thereof, but Lessee may file a claim for any taking of fix. tures and improvements owned by Lessee, and for moving expenses. 13. Destruction of Premises. In the event of a partial destroction of the premises during the term hereof, from any cause, Lessor shall forthwith repair the same, provided that such repairs can be made within sixty (60) days under exist- ing governmental laws and regulations, but such partial desnuction shall not terminate this lease, except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Lessee on the premises. If such repairs cannot be made with- in said sixty (60) days, Lessor, at his option, may make the same within a reasonable time, this lease continuing in effect with the rent proportionately abated as aforesaid, and in the event that Lessor shall not elect to make such repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of either pany. In the event that the bnilding in which the demised premises may be situated is destroyed to an extent of not less than one. third of the replacement costs thereof, Lessor may elect to terminate this lease whether the demised premises be injured or not. A total destroction of the building in which the premises may be situated shall terminate this lease 14. Lessor's Remedies on Default. If Lessee default' in the payment of rent, or any additional rent. or defaults ,in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within .3 Co days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Lessee does not commence such curing within such .3 " days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this lease on not less than days' notice to Lessee. On the date specified in such notice the term of this lease shall terminate, and Lessee shal1then quit and surrender the premises 1.0 Lessor, but Lessee shall remain liable as hereinafter provided. If this lease shall have been so terminat- ed by Lessor. Lessor may at any time thereafter resume possession of the premises by any lawfnl means and remove Lessee or other occupants and their effects. No failure to enforce any term shal1 be deemed a waiver. 15. Security Deposit. Lessee shall deposit with Lessor 01) the si~nino of tllis lease the sum of Dollars ($ 6, Ov . 0 () ) as security for the perfonnance of Lessee's obligations under this lease, including WitllOut limitation the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default of Lessee, Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the fnll deposit on hand at all times during the term of this lease. 16. Tax Increase. In the event there is any increase during any year of the term of this lease in the City, County or State real estate taxes over and the amount of such taxes assessed for the tax year during which the term of this lease commences, whe cause of increased rate or valuation, Lessee shan pay to Lessor upon presentation of paid taX bills unt equal to % of the increase i.n taxes upon the land and building in which the leased premises are situated. In the event that such taxes are assessed for a tax year extending beyond the tenn of the lease, the obligation of Lessee shall be proportionate to the portion of the lease term included in such year. 17. Common Area Expenses. e event the demised premises are situated in a shopping center or in a commer- cial building in whi re are common areas, Lessee agrees to pay his pro-rata share of maintenance. taxes, and insurance for common area. 18. Attorney's Fees. In case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee. 19. Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver. 20. Notices. Any notice which either party mayor is required to give, shall be given by mailing the same, postage pre- paid, to Lessee at the premises, or Lessor at the address specified above, or at such otber places as may be designated by the parties from time to time. 21. Heirs, Assigns, Successors. This lease is binding upon and inures to the benefit of the heirs, assigns and suc. cessors in interest to the parties. 22. Option to Renew. Provided that Lessee is not in default in the performance of this lease. Lessee shall have tlle option to renew the lease for an additional term of t:J.. months commencing at the expiration of the initial lease term. All of the terms and conditions of the lease shall apply during the renewal term except that the monthly rent shall be the sum of $ <;. 0 c . 0" . The option shall be exercised by written notice given to Lessor not less than .3 0 dll-'{ > days prior to the expiration of the initial lease term. If notice is not given in the manner provided herein within the time specified, this option shall expire. 23. Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the profJert~. 24. Radon Gas Disclosure. As required b eller) makes the following disclosure: "Radon Gas" is a naturally occurring radioactive , when it has accumulated in a building in sufficient quantities, may present health risks to persons w exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buil. . . Additional information regarding radon and radon testing may be obtained from county public health unit. 25. Entire A~ement. The foregoing constitutes the entire agreement between the parties and may be modified only by a w;'tmg Signed by both parties. The following Exhibits, if any, have been made a part of this lease before the partIes execution hereof: Signed this ,;2 J day of J V(7 " ,;Lco I.. l,j~ ~~" Lessor By: KlNtUlhs::cl COURT c- B)I~'.... ,j 0JlJ~~ () Cl (") C W .1 R C) _..:'! -00. r-" " IJ3fTi " ,~.- 7" .,""", ~-;;: l~'" 1 L'r" :--~ U'!c, ...- r:~ C~ -<J :!~~ '< ~C ........ :J>U C)f, C ,.~ ~ '.~ r:- :::"'"J \0 -< ." h /l!PiJp/l;??ifJ q !Io~~llfln4J,7!t: EJ fIoNjtfPlIkt1& BRUCE FULTON, t/d/b/al King Street Court, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-5321 CIVIL TERM DAVID A. NEFF, t/d/b/al A World of Touch Massage Clinic, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Patricia A. Frey, being duly sworn according to law, deposes and says that on December 8, 2003, a true and attested copy of the Complaint was served upon the Defendant, David A. Neff, t/d/b/a! A World of Touch Massage Clinic. Manner of service: by mailing the same postage paid, U.S. first class mail, at Shippensburg, Pennsylvania, addressed as follows: David A. Neff A World of Touch Massage Clinic 14 East King Street Shippensburg, P A 17257 Sworn to and subscribed before me this 15th day of November, 2004. jJPlMu~J A'~ Patricia A. Frey 0 JJ~~ f TunV-- Notary Public NOTARIAl. SEAL MlRlCIA l TOME NoIafy PutlIIc SI :ttNtDJAG~.aMlERl..NI)COUNTv Mv CommIIIIon ExPIres Jun 7. 2008 WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ......~'............t........,._....lI i I I ,.~. ~ . /.-1 i ,., ,', .; ! ,~, .',~_\~." ,~,\.~.:;)..,. "f~"," ,. ,.,,'.' j .." t:" ,......~,.""""'..'.'."-,. -...."". 0 I'..) =:> 0 <:::,' (;:';:::) -n ....:.:'''" - ._~ ..'~r,,,_ :T: '"T'. C:J ", ..aI4-:;;: nlF r-n '.- " Q 0". , 0 '. > :f,,:,.:. ~"'t " :0 "'-'.1" C'" a r'1l ...< Ul 0'0 BRUCE FULTON, tJdIb/a/ King Street Court, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-5321 CIVIL TERM DAVID A. NEFF, t/dlb/a/ A World of Touch Massage Clinic, Defendant PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT PURSUANT TO PA. R.C.P. NO 1037 (B)(I) To the Prothonotary: Please enter judgment of default in favor of Plaintiff, Bruce Fulton Vd/b/a! King Street Court, and against Defendant, David A. Neff Vd/b/a! A World of Touch Massage Clinic for Defendant's failure to plead to the Complaint in this adion within the required time. The Complaint contains a notice to defend within twenty (20) days from the date of service thereof. Defendant was served with the Complaint on December 8,2003, via regular mail, and Defendant's answer was due to be filed on December 28,2003. Attached as Exhibit "A" is a copy of Plaintiffs written notice of intention to file praecipe for entry of default judgment, which I certify was mailed by regular mail to the Defendant at his last known address on January 26,2004, which is at least ten (10) days prior to the filing of this Praecipe. Please access damages in the amount of $708.00, being the amount demanded in the Complaint. WEIGLE & ASSOCIATES, P.C. ,11l-fpt; By: ~J(~/i ~_/- RIchard L. Webber, Jr., EsqUIre ' Attorney for Plaintiff Attorney ID #49634 126 East King Street Shippensburg, P A 17257 717-532..7388 Date: WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ...........-.- -- - -~~---- C) r",.j CJ C":,l c- <-: ~"} -.-, ,.- '-, z C. "'1~ , > c'"\ - \. Z0,: ( ~ ( CJ :~"~ (}'"J -:... ~,O - .. FILE BRUCE FULTON, t/d/b/a/ King Street Court, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-5321 CIVIL TERM DA VID A. NEFF, t/d/b/a/ A World of Touch Massage Clinic, Defendant TO: David A. Neff, t/dlb/al A World of Touch Massage Clinic, Defendant DATE OF NOTICE: January 26, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT HEARING AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT :EUGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA\VYER AT ONCE. IF YOU DO NOT HAVE A LA WYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association , 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 WEIGLE & ASSOCIATES, P.C. By: ......V" ./L, <--/'\.1 .-/1 Richard 1. Webber, Jr., EsqUIre Attorney for Plaintiff Attorney ID #49634 126 East King Street Shippensburg, P A 17257 (717)532-7388 WEIGLE & ASSOCIATES. He. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG.. PA 17257-1397 " f ~ t' k, ~ ~ \ ~ p ,-'" ""-, ... .J c;-, ,.......l t' ~.... <':;-;:;'; ,~~, ....11;- -1 t ~ -- ::-:1 ..,'.~-.. "'. j--) i ;~l ,;~~.~ ~ ~ "'C,_ ft '- ".? t~.j v'\ t' \ .! ...... , :;1 ~~: ~ ~'''' ::-"'1' ~ -'1" ~':l?{ ~ ""Q .. --.,.... ~ ::-, " ~ ~ e- .......1 ('1". -< -., r ....() "- ....... \ "'- (' 0- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXEClJTION Plaintiff ) Confessed Judgment ) Other File No. 03-5321 Amount Due $708.00 Interest Atty's Cornm Costs Caption: BRUCE FULTON, t/d/b/a/King Street Court, v. DAVID A. NEFF, t/d/b/a/ A World of Touch Massage Clinic, Defendant I~ f~ k:L.1 ~ ~~ I d~. 17J.~7 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) Any personal property owned by the Defendant located at Defendant's business address located at 14 East King Street, Shippensburg, Pennsylvania PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) Any personal property owned by the Defendant located at Defendant's business address located at 14 East King Street. Shippensburg, Pennsylvania and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pemdens against real estate of the defendant(s) described in the attached exhibit. II (yl CJ (/ Signature: Print Name: Address: -XcL ---I ~{ <-24 Richard L. Webber, Jr., Esquire Date 126 East King Street Attorney for: Telephone: Supreme Court 10 No.: Shippensburg, PA 17257 )?laintiff (717) 532-7388 49634 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. rt? -:-.. ~ V', ...., '-.i -c. -.c:. ~ '0;> F """7 ;-... l>- ~ \ -"->'" ....... . \ --:C ~, ~ a e., \ a ~ ~ ''d ~ (l' \- ~. ~ ::""!l_. ~_,;.1 "') = C':::::J ..4- -- .. ',,- c'") -<.:;;; 0' ::-~ ......".;:1" ........ 6 c..n \.0 o ., --I :r ,"I ('11._- r'" "nlTl -:) c; " I ;iJ ~:r: t) r~l.'! WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BRUCE FULTON T/DfB/A KING STREET COURT Plaintiff (s) From DAVID A NEFF T/DIB/A A WORLD OF TOUCH MASSAGE CLINIC 14 EAST KING N003-5321 Civil CIVIL ACTION - LAW STREET, SHIPPENSBURG, PA 17257 (I) You are directed to levy upon the property of the defendant (!O)and to sell ANY PERSONAL PROPERTY OWNED BY THE DEFENDANT LOCATE}) AT DEFENDANT'S BUSINESS ADDRESS LOCATED AT 14 EAST KING STREET, SIDPPENSBURG, PA. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from deliv,;:ring any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 708.00 L.L. $0.50 Interest Arty's Comm % Due Prothy $1.00 Arty Paid $ 81.75 Plaintiff Paid Date: NOVEMBER 16, 2004 Other Costs CURTIS R. LONG (Seal) Prothonotary <- By:~(2 ~ Deputy REQUESTING PARTY: Name RICHARD L WEBBER, JR ESQ Address: 126 EAST KING STREET SHIPPENSBURG, P A 17257 Attorney for: Plaintiff Telephone: 717-532-7388 Supreme Court ID No. 49634 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee TOTAL $ 18.00 14.16 .50 1.00 14.80 20.00 20.00 88.46 Sworn and Subscribed to before me this~",~'[ day of ..5 ",-e.I\. - ~: 2005 A.D. Pd by Defendant p~-~~ R. Thomas Kline, Sheriff c/ O-~ G~ Bv. Claudia A. Brewbaker bS:1 d Li ;' c" " \iQ /. _-J.:Jii:E!,. qUUl lawn:J ~JJn WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BRUCE FULTON T/D/B/A KING STREET COURT N003-5321 Civil CIVIL ACTION -LAW Plaintiff (s) From DAVID A NEFF T/D/B/A A WORLD OF TOUCH MASSAGE CLINIC 14 EAST KING STREET, SHIPPENSBURG, PA 17257 (I) You are directed to levy upon the property ofthe defendant (s)and to sell ANY PERSONAL PROPERTY OWNED BY THE DEFENDANT LOCATED AT DEFENDANT'S BUSINESS ADDRESS LOCATED AT 14 EAST KING STREET, SHIPPENSBURG, PA. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as foHows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is e'1ioined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 708.00 Interest L.L. $0.50 Atty's Comm % Due Prothy $1.00 Atty Paid $ 81.75 Plaintiff Paid Date: NOVEMBER 16, 2004 Other Costs CURTIS R. LONG (Seal) Prothonotary By: C.)'r 0. "h-r,d",~ Depnty REQUESTING PARTY: Name RICHARD L WEBBER, JR ESQ Address: 126 EAST KING STREET SHIPPENSBURG, P A 17257 Attorney for: Plaintiff Telephone: 717-532-7388 Supreme Court ID No. 49634 ~il \. .L~ ' , " if\ \i,l\\. '" ~~ r II I,., ill \\ , , ATTORNEY Richard Webber WRIT NO. 2003-5321 Civil DISTRIBUTION Bruce Fulton T/D/B/A King Street Court -vs- David A. NeffT/D/B/A A World of Touch Massage Clinic Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees Sheriffs Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Misc. Bad Check Charge Advertising Postpone Sale Surcharge Garnishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary $ 708.00 81.75 $ 18.00 14.16 .50 1.00 14.80 20.00 20.00 $ 789.75 150.00 1.50 $ 789.75 $ 88.46 $ 878.21 150.00 $ 1028.21 So Answers: .r~l~ B