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HomeMy WebLinkAbout03-5625JUINCIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT ~ Iii PRCrI'r]Y"S o~-~-J.a~ 10/24/03 jhs CQMMONPLIASNo. 03-562§ CIVIL TERM 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 District Justice off the date and in the case mefltior, ed below. Tara Luckenbau~h Timothy 09-3-05 ~ Nenosit Lane Ce~ Hill PA 17011 0~2003 ~uckenbau~h Timothy, Tara ~ Sta~ov~ra 0000193-03 [~T~L~~. ar~ ~ ~ This ~ck will ~ ~ ONLY ~n this ~ is mqulmd u~m ff ~ }t ~ C~AIMANT ~s~ ~. R.C.P.J.P. No. 1~8& ~s ~ of A~I, ~ ~ei~ by ~ District Justice, will ~ as a 1~1(6) in ~ti~ ~f~ DisEict J~tice, ~ ~ST ~PERSEDEAS ~ ~ j~ ~ ~ in ~is case FILE A COMPLAINT within t~y (20) da~ after filing his ~TICE of A~EAL. S~ of ~ot~y ~ D~ty 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 of notice of appeal to be served upon apl3ellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No , appellee(s), to file a complaint in this appeal Name of appe#ee(s) ) within twenty (20) days after service of rule or suffer entry of judgment of non FXOS. RULE~ To , ap~lee(s). (1) You am 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, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this role if service was by mail is the date of moiling. COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RU~E T ~ FiLE ~OklPLAtN ~ CO)~JklONWEAL?H OF PENNSYL~,'ANIA COUNTY OF ; SS AFFIDAVIT: I hereby swear o afl,r, ha ::~ ~cPi~t attached beret and :~oon the appe) :: s ~ersreept ~t{ach d COMMONWEALTH OF PENN~ COUNTY OF: CUMBERLAND M~g Oisl. NO.: 09-3-05 DJ Name: Hon. GAYLE A. ELDER A~O~ess: 507 N. YORK ST. MECHANI CSBURG, (717) 766-4575 · ,/ANIA PA 17055 TARA LUCKENBAUGH TIMOTHY 3 NEPOSIT LANE CAMP HILL, PA 17011 NOTICE Or JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS F-LUCKENBAUGH TIMOTHY, TARA -q 3 NEPOSIT LANE CAMP HILL, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS ~STANKOVI C, MIRA ~ 110 0 GRANTHAM ROAD ASHCOMBE MANSION ~ECHANICSBURG, PA 17055 j Docket No.: CV- 0000193 - 03 ~ Date Filed: 8/20/03 THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) ~] Judgment was entered against: (Name) in the amount of $ I 1 2.. 00 on: '--]Defendants are jointly and severally liable. F--'] Damages will be assessed on: F--] This case dismissed without prejudice. [~ Amount of Judgment Subject to AttachmenV42 Pa.C.S. § 8127 $ F--] Portion of Judgment for physical damages arising out of residential lease $ FOR PLAINTIFF TARA RTANKOVIC, MTRA (Date of Judgment) (Date & Time) Amount of Judgment $ .00 Judgment Costs $ 112.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 112.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT aY 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 JUDGMENT/TRANSCRIPT 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. , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2006 AOPC 315-03 DATE PRINTED: 9/9.~/O2 SEAL PROOF OF SERVIC (Tt?is p~oef of service ~/,UST BE ~ OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT .ED WITHIN TEN (10) DAYS AFTER fling the notice of appeal. Check ap'ph'c~.ble COMMONWEALTH OF PENNSYLVANIA COUNTY OF Curable'land AFFIDAVIT: I hereby swear or afl ~ acop. y of th(; Notice of ~date of service) r.~.e~pt attach:t hereto,, ~ and fudhe~ ~hat I served t the Rule was addressed c mail senders receipt atta~ S~?~;OR['~ ,APFIRM D ANb SUBSCRI m that I served ~eal, Common Pleas No, 0~T762~ upon the District Justi e designated there n on eryc,,., ~ by ice:fled} registered) mai senders 12003 ..... ~ uponthe appellee, (name) ~ ~ by persona( service ~ by (certified) (registered) mail, sender's receipt attached hereto. Ru~e to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) tO whom ~ by personal se'vice ~3 by (cert~fed} (regis~ red) ~ed hereto, J Lenx~nel~ro, Curnl:~a~ Coua~ | / MyComm~ionEx~ires^u~. ;~?,2006 Mere bet, Penn~y~¥ania ,~,~dalk Of Notat~l~ COMMONWEALTH OF PENNSYLVANIA NOTICE Of APPEAL JUDICIAL DISTRICT PHD/'r~'S O~OK 10/24/03 COURT OF COMMON PLEAS FKOM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Coml~on Pleas an cipf)eal from the judgment rendered by the District Justice off the date and in the case mentioned below / This b~ck will ~ ~ ONLY ~ ~is ~fi~ is ~ui~ u~er P~ R~:' ~ ]~ll~t ~MA~'~ nnP,P ~n laos& J ................. ~is ~ of A~ ~n mcei~ by t~ ~sfr~t Justice. will ~ as a 1001(6) in ~ti~ bef~e Dis~ct J~t~e, ~ MUST ~PERSEDEAS ~ t~ j~t ~ ~ssess~ in ~is case FILE A C~PLAINT within ~ty (20) da~ aft~ filing his NOTICE of A~EAL. S~m of ~y ~ D~ty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section ~f form to be used ONLY when appel/ant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of al~eal to be served upon alAoellee). PRAECIPE: To Prothcmotory Enter role upon , appellee(s), to file a complaint in this appeal (Common Pleas Nc~ ) within twenty (20) days after se/vice of rule o~ suffer entry of judgment of non pros. ,Dgneture ot ~ or h~s eJ~.ney or ager~ RULE: To . appellee(s). (1) You am notified that a rule is hereby entered upcm you to file a complaint in this appeal within twenty (20) days aftra the date of service of this rule upon you by personal service or by cedified or registered mail (2) If you do not file a complaint within this time. a JUDGMENT (DF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the d~te of mailing. AOPC 312-90 COURT FILE · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Prlntiyour name and address on the reverse so that we can return the card to you. · Attadh this card to the back of the meilplece, or or1 the front if space permits. 1. A~icle Addressed to: Mira Stankovic Ashcombe Mansion 1100 Grantham Road Mec~anicsburg, PA 2. Attic PS For 17055 e Number ~fer from service label) A. Signature I-I Agent X r'l Addressee B. Received by (printed Name) C. Date of Delivery D. Is delivery address different f~om item 17 [] Yes If YSS, enter delivery address below: [] NO 3. Service Type [~ Ca,tiffed Mall [] Express Mail F't Registered [] Return Receipt for Merchandise [] Insured MaLl [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7001 2~10 OO~t 41~9 ~540 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 (EndorSerrlent Required) Restricte~ DellveW Fee .37 2,30 1.75 $ 4,42 Postmark Here USPS - Track & Confirm Page 1 of 1 Track & Confirm Current Status You entered 7001 2510 0001 4139 5540 We attempted to deliv MECHANICSBURG, I redelivered or picked be returned to the ser evening. Please chec: again later. Notification Option~ ~ Track & Confirm by emall What is this? POSTAL INSPECTORS Preserving the Trust Track & Confirm Enter label number: ~r your item at 12:11 pm on October 28, 200:3 in ~A 17055 and a notice was left. It can be Jp at the Post Office. If the item is unclaimed, it will ~ der. Information, if available, is updated every ~ Track & Confirm FAQs site map contact us government services Copyright © 1999-2002 USPS. All Rights Reserved Terms of Use Privacy Policy http://trkcnfim l .smi.usps.com/netdata-cgi/db2www/cbd_243.d2w/o atput 10/31/03 ~z · ' LAW OFFICES OF LOWELL R GATES Also Admitted lo Massachusetts Bar MARK E. HALBRUNER Also Admitted to New Jersey Sar CRAIG A HATCH CORY J. SNOOK ALBERT N. PETERLIN Also Admitted to Maryland Bar STACEY L. NACE Paralega~/Office Manager TRACI L. SEPKOVIC Paralegal VALERIE LONG Paralegal GX-TES, HALBRUNER Sz.- HATCH, PoC. 1013 MUMMA ROAD · SUITE 100 · LEMOYNE, PENNSYLVANIA 17043 (717) 731-9600 · FAX: (717) 731-9627 BRANCH OFFICES: 3 WEST MONUMENT SQOARE, SUITE 304 LEWlSTOWN, PA 17044 (717) 2484909 2917 NORTH FRONT STREE[ SUITE 302 HARRISBURG, PA 17110 (717) 731-9600 October 31, 2003 WEB SITE: www. Gat osLawFJrrn.com CORRESPONDENCE ADDRESS: Lemoyne Office Cumberland County Proc ~onotary Cumberland County Cou] thouse One Courthouse Square Carlisle, PA 17013-3387 Re: Coramol~ Pleas No. 03-5625 Civil Terra Dear Sir/Madam: This letter is to fi appellee, Mira Stankovic. deliver the Notice of App envelope could be retriev the Notice of Appeal, sen learning that the Notice o: Eom the Post Office, we.' 2003. I am enclosing wig Appeal to Mira Stankovk District Justice: 1. Photo cc 2. Photo cc 3. Photo cc Stankov: 4. Photo cc Also enclosed is ~ completed. ANP:vmr Enclosures form you that we have made eve~ effort to serve the Notice of Appeal on the On Tuesday, October 28, 2003 at 12:1 lpm, the U.S. Postal Service attempted to ~'al to Mira Stankovic. They left a notice informing Mira Stankovic that the ~d at the Post Office. As of today, Friday, October 31, 2003, she has not retrieved :to her by U.S. Receipt & Return, Certified Mail, fi.ora the post office. After 'Appeal had not been delivered and Mira Stankovic had not retrieved the envelope ent a copy of Notice of Appeal to her by regular mail on, Thursday, October 30, t this letter the following proof that we have attempted to serve the Notice of and also confirmation that the Notice of Appeal was sent and received by the py of the Receipt & Return, and the Certified Mail Receipt, sent to Mira Stankovic; py of the Track & Confirm fi.ora the United States Postal Service; py of the envelope with a copy of the Notice of Appeal sent by regular mail to Mira e; ~y of the signed Receipt & Return sent to the Dislrict Justice te green court file copy of the Notice of Appeal, with the back of the form TARA TIMOTHY LUCKENBAUGH, Plaintiff, v$. MIRA STANKOVIC d/b/a ASHCOMBE MANSION BED AND BREAKFAST, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW _. : No. 03 - 5625 .. ._ NOTICE TO DEFEND NOTICE AVISO YOU HAVE BEEN SUED 1N 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 and 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 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 USTED HA SIDO DEMANDADO/A EN CORTE. Si nsted desea defenderse de las demandas que se pmsentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notifcacion de esta Demanda y Aviso radicando personalmente o pot medio de tm abogado trna comparecencia escrita y radicando en la Corte per esc:dto sus defensas de, y objecciones a, las demandas presentada aqui en contra suya. Se le advierte de que si nsted falla de romar accion como se describe antedormente, el caso puede proceder sin nsted y un fallo per cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado per el demandante puede ser diclado en contra suya per la Corte sin mas aviso adiciomfl. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCLrMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 TARA TIMOTHY LUCKENBAUGH, Plaintiff, VS. MIRA STANKOVIC d/b/a ASHCOMBE MANSION BED AND BREAKFAST, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW .. .. No. 03 - 5¢i25 .. COMPLAINT AND NOW, comes the Plaintiff, Tara Timothy Luckenbaugh, (hereinafter known as "Plaintiff') by and through her counsel, Gates, Halbmner & Hatch, P.C., and respectfully submits the following Complaint: PA 17011. I. PARTIES Plaintiff is an adult individual currently residing at 3 Neponsit Lane, Camp Hill, 2. Defendant, Mira Stankovic d/b/a Ashcombe Mansion Bed and Breakfast, (hereinafter referred to as "Defendant") has a primary business address of 1100 Grantham Road, Mechanicsburg, PA 17055. II. JURISDICTION AND VENUE 3. Jurisdiction is proper pursuant to 42 Pa.C.S.A. § 931 (a) where the instant action involves substantial state questions. 4. Venue is proper pursuant to 42 Pa.C.S.A. § 93 l(c) and Pa.R.C.P. No. 1006(a) where the cause of action arose or a transaction or occurrence took place out of which the cause of action arose in Cumberland County, Pennsylvania. 5. Venue is proper pursuant to 42 Pa.C.S.A. § 93 l(c) and Pa.R.C.P. No. 1006(a) where the cause of action arose or a transaction or occurrence took place out of which the cause of action arose in Cumberland County, Pennsylvania. 6. Venue is proper pursuant to 42 Pa.C.S.A. § 5322(a) where Defendants transacted business in Pennsylvania. 7. Venue is proper pursuant to U.S. Const. Amend. XIV, § 1 where Defendants is a resident of Pennsylvania who regularly conducts business within Pennsylvania and conducted business with Plaintiff who is a resident of Pennsylvania. III. BACKGROUND 8. On or about October 28, 2002, Plaintiff and Defendant entered into a contract for Plaintiff to rent Defendant's grounds for her wedding reception to be held on June 7, 2003. A tree and correct copy of the contract is attached hereto and inco~Dorated by reference as Exhibit 9. Pursuant to said contract, Defendant agreed to rent to Plaintiff, and Plaintiff agreed to rent fi.om Defendant, the grounds of the Ashcombe Mansion (hereinafter the "Grounds")and supply and set up a tent intended to provide an appropriate setting for the wedding reception and entertainment of the guests. 10. Pursuant to said contract, in consideration for the :rental of the Grounds and for the rental of the tent the Plaintiff paid the Defendant three-thousand three-hundred seven and 44/100 dollars ($3,307.44). 11. Pursuant to said contract, the Grounds and the tent could accommodate up to two- hundred (200) people without the Plaintiffincurring additional fees. 12. During the evening of Friday, June 6, 2003, based upon an unfavorable weather forecast for that night and the day of the wedding, the Plaintiff requested that the sides of the tent be installed immediately to protect the interior of the site fi~om seeping rainwater. 13. On the morning of Saturday, June 7, 2003, the P]lainfiWs father went to the wedding reception site and found that the sides of the tent has not been installed as requested and that the ground beneath the tent was already wet with seeping rainwater. By 8:30 AM on the morning of June 7, 2003, the site was flooded by at least three (3) inches of water. 14. When the Plaintiff's father notified the Defendantt of the condition of the site and requested immediate action, the Defendant stated that the pfioril~, of the Mansion staff was to first serve the overnight guests staying at the Mansion before the sides of the tent would be installed. 15. Thereafter, Plaintiff and her family were compelled to rent sump pumps in order to pump away excess rainwater and set up portable heaters in an attempt to dry out the ground. 16. Plaintiffwas also forced to purchase and install plywood to provide a floor for the guests to walk on. 17. No assistance was rendered by the Defendant during this time in making the site suitable and safe for a wedding reception. 18. Plaintiff's Wedding Day and Reception was spoiled and mined as a result of the Defendant's failure to take the initial necessary precautions to protect the tent site against the inclement weather, and further worsened the problem by delaying to install the sides of the tent 4 even though requested to do so by the Plaintiff's father. 19. Additional catering equipment including tables, chairs, linens and dance floor rented from A-1 Party Rent-All were damaged, stained or mined by the mud resulting from the flooding of the site, as stated in a letter dated August 20, 2003 fYom A-1 Party Rent-All. 20. As a result of the condition of the reception site, an announcement was made at the Church following the ceremony advising the wedding party and guests to change their clothes before attending the reception to avoid damaging their attire. 21. The Contract dated October 28, 2002 between Plaintiff and Defendant implied that a desirable, safe and suitable site would be provided for the wedding reception of Plaintiff, for which Plaintiff paid the consideration as stated. COUNT I BREACH OF CONTRACT 22. Paragraphs 1 through 21 are hereby incorporated by reference as though more fully set forth herein. 23. Plaintiff paid Defendant the necessary consideration and fully satisfied her obligation under the contract. 24. Defendant had an obligation to provide suitable Grounds and suitable tent to accommodate Plaintiff's wedding guests. 25. Defendant breached her obligation by failing to altach the sides of the tent on the evening of June 6, 2003 when there was imminent threat of bad weather. 26. Defendant further breached this obligation by failing to relocate the tent to a different location on the grounds of the Ashcombe Mansion. 5 27. As a direct and proximate cause of Defendant's 'breach, Plaintiff suffered economic damages including, but not limited to, (a) the cost of sump pump rental; (b) the cost of portable heater rental; (c) the cost of plywood; (d) the cost of the additional fees charged by A-1 Party Rentals for cleanup and replacement of the rented party e~tuipment; (e) the cost of additional dry cleaning for the wedding party's attire; and (f) the cost of additional labor incurred by plaintiff in setting up the plywood, heaters, and sump pumps. 28. Furthermore, Plaintiff seeks to recover the cost of the rental of Ashcombe Mansion Grounds and tent because of Defendant's failure to satisfy its obligation under the Contract. WHEREFORE, Plaintiff, Tara Timothy Luckenbaugh, respectfully requests this Court enter judgment as to Count I in her favor and against Defendant, Mira Stankovic, doing business as Ashcombe Mansion Bed and Breakfast, for actual, incidental and consequential damages in amount in excess of the mandatory arbitration amount, plus interest, attorney's fees, cost and such other relief as the Court deems just and proper. COUNT II NEGLIGENCE 29. Paragraphs 1 through 28 are hereby incorporated by reference as though more fully set forth herein. 30. Plaintiff and her wedding guests were invitees on Defendant's property. 31. Defendant owed a duty to Plaintiff and her wedding guests to provide suitable grounds for a wedding reception. 32. Defendant breached this duty by failing to place the sides on the tent when there was an imminent threat of heavy rain, and when asked to do so by Plaintiff. 33. Defendant further breached this duty by failing to relocate the tent to a dry area on the morning of June 7, 2003, once the Defendant was informed the ground under the tent was flooded. 34. Defendant's breach of this duty caused monetary losses including (a) the cost of sump pump rental; (b) the cost of portable heater rental; (c) the cost of plywood; (d) the cost of the additional fees charged by A- 1 Party Rentals; (e) the cost of additional dry cleaning for the wedding party's attire; (f) the cost of additional labor incurred by Plaintiff in setting up the plywood, heaters, and sump pumps. WltEREFORE, Plaintiff, Tara Timothy Luckenbaugh, respectfully requests this Court enter judgment as to Count II in her favor and against Defendant, Mira Stankovic, doing business as Ashcombe Mansion Bed and Breakfast for damages in an amount exceeding the threshold for compulsory arbitration under local rules, plus interest, attorney's fees, costs, punitive damages and such other relief as the Court deems just and proper. Date: Respectfully submitted, GATES, IIALBRUNER & HATCH, P.C. BY: ~f//.,~f Cory J.)54~aok, Es~t~ire Attom3~ I.D. #85734 Albert N. Peterlin, Esquire Attorney I.D. #84180 1013 Mun:tma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Plaintiff) 7 VERIFICATION This document is based upon information which has been gathered by my counsel in preparation of the lawsuit. The language of the document is that of counsel and is not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, ~nformation and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. TA~A ~IMO~tY LUCKENBA~H EXHIBIT "A" Ashcombe Mansion 1100 Grantham Rd. Mechanicsburg, Pa. 17055 October 28,2002 Agreement: RE: To: Date: Rental of Ashcombe Wedding Reception Tara Timothy Ryan Luckenbaugh 766-6485 864 Eppley Rd. Mech. Pa. 17055 June 7, 2003 Dear Tara and Ryan, We will gladly rent to you Ashcombe's grounds for your wedding Ceremony and reception. We will supply tent. You will be responsible for dishes, linens, food, caterer service etc., at your expense. The tent will be set up by the pond. The charge for up to five hours for up to 200 people is $3000. Each additional hour is $100 and each additional person is $10. You are also responsible for 6% of Pennsylvania sales tax. We will include 2 60" round tables and 2 rectangular at no additional cost to you.Your guests will not have access to the house except for the use of bathroom facilities, for what the side door will be opened. All deliveries and set up may start on the morning of the day of the wedding.. The begirming of the event is 4:00PM.The conclusion of the event is before 10:00PM. All guests, with the exception of the overnight guests, should leave the: premises by 10:00p.m. Overnight guests should stay no later than midnight at the first floor facilities. We request that you pay $30 per hour for a person to show the people where to park the cars, keep the bathrooms clean, check supply etc. His or Her hours will be counted from the time the guests arrive until the guests live. All cars are to be parked on the soccer field only. If you want to have a valet parking Ashcombe Mansion reserves the right to be exclusive provider of this service. There will be additional cost for this service. An imprint of the credit card will be needed in case any damages occur during the rental period, or any additional ce, sts arise. Bottles, trash, etc. have to be removed from the premises by caterer. The caterer is to clean the premises after the event. When done with clean up, caterer should check with management to make sure that the premises are in satisfactory condition. You may have a caterer of your choice, but before you make a final decision, you should inform Ashcombe Mansion management what caterer is your choice. The caterer is subject to approval by the management. The caterer is to sign the separate agreement with Ashcombe Mansion. Thank you for your down payment of $530.The down payment is non-refundable if you should decide to cancel; however, you can use the down payment for another date, if that date is available. You may change date once at no additional coast. The full balance is due 30 days prier to the wedding date. A representative of Ashcombe Mansion will be on the premises during the entire event, The representative will open and close the facilities, maintain security, assist with the operation of facility equipment, and provide direction in case of emergency. Ashcombe Mansion reserves the right to make improvements and renovations to the property through the year. The Lessee shall indemnify and hold Ashce,mbe Mansion Bed & Breakfast harmless from and against any and all claims, damages, expenses, losses, suits, or causes of action(including attorney's fees) resulting from or arising in connection with the Lessee's use of Aslhcombe Mansion facilities The Lessee is responsible for the safety and. good order of all Equipment and other property owned by Ashcombe Mansion B&B, and is liable for said equipment and other property if it i~5 lost, stolen, damaged, or misplaced.. Ashcombe Mansion assumes no responsibility for equipment supplied by the Lessee or another party. Ashcombe Mansicm reserves the right to approve (a) all equipment used hereunder and its iasc and (b) the suppliers of same. In addition, Ashcombe Mansion is not responsible for the loss or theft of any personal property belonging to or used by the Lessee, or any guest or agent of the Lessee. I hereby accept responsibility for renting Ashcombe grounds and contracting an approved caterer fi'om our list of caterers. I have read the caterers instructions and regulations and will comply with these instructions. Mira Stankovic, Owner ara Timothy Date Date TARA TIMOTHY LUCKENBAUGH, Plaintiff M1RA STANKOVIC, d/b/a ASHCOMBE MANSION BED & BREAKFAST, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION .- LAW : APPEAL FROM DISTRICT JUSTICE : : No. 03-5625 pRAECIPE TO STRIKE APPEAL To the Prothonotary: Defendant/Appellee hereby directs that the above-captioned appeal be marked as striken 1' with Pa. R.C.P.D.J. No. 1004A, from the record, for failure of the Plaintiff/Appellant to comp .f pursuant to Pa. R.C.P.D.J. No. 1006. WILLIAM H. / Attorney forDefendan' ' t ~ 234 North Street Harrisburg, PA 17101 (717) 234-4728 day of August, 2004, the above DJ Appeal AND NOW, this llth aco~ance with Pa RCP DJ NO. 1004-A- is hereby stricken in Cu,~tis R. Lo~g, Prothonotary SHERIFF'S RETURN - CASE NO: 2003-05625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LUCKENBAUGH TARA TIMOTHY VS STANKOVIC MIRA D/B/A ASHCOMBE REGULAR HAROLD WEARY , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon STANKOVIC MIP~A D/B/A ASHCOMBE MANSION BED AND BREAKFAST DEFENDANT , at 1959:00 HOURS, on the 27th day of July at 1100 GR3tNTHAM ROAD MECHANICSBURG, PA 17055 by handing to LJUBISA STANKOVIC, HUSBAND a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, the , 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.14 Affidavit .00 Surcharge 10.00 .00 36.14 Sworn and Subscribed to before me this 3x~ day of ~,P~oth~n;~ta/ry~; ~ So Answers: R. Thomas Kline 07/28/2004 GATES HALBRUNER HATCH By: Deputy S~iff