HomeMy WebLinkAbout07-6918
i
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
STERMAC, LLC and
STEVEN MCCARREN,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.2007-
CIVIL ACTION-EQUITY
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 an attorney and filing in writing with
the court, your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other claim
or relief requested by the plaintiff. 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. 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
MARTHA SHELLY and ;
LINDA EWING,
Plaintiffs
V. :
STERMAC, LLC and
STEVEN MCCARREN, :
Defendants. :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 494? ? 7,
CIVIL ACTION-EQUITY
COMPLAINT
NOW, come Martha Shelly and Linda Ewing, by and through their attorneys, O'BRIEN,
BARIC & SCHERER, and file the within complaint and, in support thereof, set forth the
following:
1. Martha Shelly is an adult individual with a residence address of 271 South
Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. Linda Ewing is an adult individual with a residence address of 273 South Hanover
Street, Carlisle, Cumberland County, Pennsylvania 17013.
3. SterMac, LLC, ("SterMac") is a Pennsylvania limited liability company with a
registered office at 50 North Spring Garden Street, Carlisle, Cumberland County, Pennsylvania
17013.
4. Steven McCarren ("McCarren") is an adult individual with a business address of
50 North Spring Garden Street, Carlisle, Cumberland County, Pennsylvania 17013.
5. SterMac owns real property known as 320 East Louther Street, Carlisle,
Cumberland County, Pennsylvania ("Property") 17013.
1
6. In the fall of 2006, Martha Shelly entered into a Commercial Lease agreement
with SterMac to lease a portion of Property. A true and correct copy of the Commercial Lease is
attached hereto as Exhibit "A" and is incorporated by reference. The leased premises consists of
a section of the first floor of the building. Hereinafter this Commercial Lease will be referred to
as the Restaurant Lease.
7. The initial term of the Restaurant Lease was for a period of five (5) years
commencing October 1, 2006 and terminating of September 31, 2011.
8. Martha Shelly operates a business in the leased premises known as Martha's Place
which is a restaurant and also provides cooking classes to the public. Prior to opening the
restaurant for business, Martha Shelly spent $8,908.09 for electrical renovations to the restaurant
premises in addition to other costs and expenses.
9. Linda Ewing is a subtenant of Martha Shelly and operates a wine shop on the
premises. This wine shop has been in operation since November 29, 2006.
10. In 2006, Steve McCarren approached Martha Shelly and Linda Ewing and asked
whether they would be interested in leasing the second floor of the Property over the existing
leased premises for the operation of a banquet facility.
11. Shelly and Ewing told McCarren they would be interested in leasing the second
floor provided they would be given a lease which had the same term of years as the Restaurant
Lease.
12. McCarren agreed to provide a written lease which had the same term or years as
the Restaurant Lease and, relying upon that representation, Shelly and Ewing began interior
renovations to the second floor to create a banquet facility.
2
13. McCarren provided Shelly and Ewing with independent contractors to perform the
renovation work to the second floor. Moreover, McCarren was purchasing construction
materials for the renovations and then reselling the construction materials to Shelly and Ewing
for the renovations to the second floor.
14. Shelly and Ewing spent $10,037.82 for construction services and materials for the
renovations of the second floor banquet facility at the Property.
15. Shelly and Ewing purchased tables and chairs for use in the banquet facility at a
cost of $4,733.26.
16. As the renovations to the second floor were nearing conclusion, McCarren
presented Shelly and Ewing with a Commercial Lease for the second floor banquet facility
having an initial term of one (1) year. A true and correct copy of this Commercial Lease is
attached hereto as Exhibit "B" and is incorporated.
17. Shelly and Ewing contacted McCarren regarding the limited duration of the initial
term of the proposed Commercial Lease for the banquet facility and McCarren then provided
Shelly and Ewing with a revised Commercial Lease having an initial term of three (3) years. A
true and correct copy of the revised Commercial Lease is attached hereto as Exhibit "C" and is
incorporated by reference.
18. Martha Shelly executed the revised Commercial Lease for the banquet facility.
Upon information and belief, SterMac never executed the revised Commercial Lease for the
banquet facility.
19. McCarren then presented Shelly and Ewing with a further revised Commercial
Lease for the banquet facility having a proposed initial term of eighteen (18) months. A true and
correct copy of the second revised Commercial Lease is attached hereto as Exhibit "D" and is
incorporated by reference.
20. Prior to commencing the renovations to the second floor banquet facility, Shelly
and Ewing informed McCarren that they would have to have access and use of a service elevator
located in the Property in order to service the banquet facility. McCarren informed Shelly and
Ewing that he would permit use of the service elevator for the banquet facility. The service
elevator is located in a portion of the building leased by McCarren for his construction materials
business, McCarren Supply.
21. As the renovations were nearing completion, McCarren informed Shelly and
Ewing that the service elevator would not be available to them unless they executed a contract
with McCarren Supply which would require them to pay $50.00 per day for each event in the
banquet facility for which they desired use of the service elevator. A true and correct copy of this
Elevator Contract is attached hereto as Exhibit "B" and is incorporated by reference.
22. SterMac had agreed to pay for the electrical renovations to the banquet facility as
a means of paying one-half of the costs for the electrical renovations to the restaurant space as it
had agreed to at the inception of the Restaurant Lease.
23. As a consequence of SterMac's failure to provide a lease to Shelly and Ewing for
the banquet facility, Shelly and Ewing have enjoyed no benefit from the renovations to the
electrical service in the banquet facility.
4
COUNT I-BREACH OF IMPLIED CONTRACT
MARTHA SHELLY and LINDA EWING v. STERMAC, LLC and STEVEN McCARREN
24. Plaintiffs incorporate by reference paragraphs one through twenty-three (23) as
though set forth at length.
25. The improvements made to the banquet facility were substantial in value.
26. SterMac was aware of the improvements being made to the banquet facility.
27. Martha Shelly and Linda Ewing had a reasonable expectation of long-term
occupancy of the banquet facility at the time of undertaking the improvements to the banquet
facility.
28. SterMac has been unjustly enriched by the improvements made to the banquet
facility for which it has made no payment.
WHEREFORE, Plaintiffs request judgment in their favor and against SterMac for the
sum of $10,037.82 plus costs, expenses and interest.
COUNT II-BREACH OF CONTRACT(PROMISSORY ESTOPPEL)
LINDA EWING and MARTHA SHELLY v. STERMAC, LLC and
STEVEN MCCARREN
29. Plaintiffs incorporate paragraphs one through twenty-eight (28) as though set forth
at length.
30. SterMac and/or Steven McCarren did promise to lease the banquet facility to
Plaintiffs upon terms akin to the Restaurant Lease.
5
31. SterMac and/or Steven McCarren should have reasonably expected this promise
would induce the Plaintiffs to act including, but not limited to, the following:
a) begin to undertake construction to prepare the banquet facility for its
intended use;
b) begin to advertise and accept bookings for the banquet facility.
C) Foregoing attempts to collect from SterMac and/or Steven McCarren one-
half (1/2) of the costs for electrical renovations made to the restaurant prior to its opening.
32. Plaintiffs detrimentally relied upon the promise of SterMac and/or Steven
McCarren which detrimental reliance created consideration for the formation of a contract
between SterMac and/or Steven McCarren and Plaintiffs for the lease of the banquet facility.
33. SterMac and/or Steven McCarren breached this contract by failing and refusing to
enter into a lease for the banquet facility which had the same terms as the Restaurant Lease.
34. As a direct and proximate result of this breach, Plaintiffs have incurred the
following damages:
a) the build out costs for the banquet facility as set forth hereinabove;
b) the inability to use the banquet facility as an offset to the promise of
McCarren regarding the electrical upgrade costs as set forth hereinabove;
C) lost profits from the sale of foodstuffs and wine at events held in the
banquet facility; and
d) such other consequential and incidental damages as to be proven at trial.
6
WHEREFORE, Plaintiffs request judgment in their favor and against Defendants for the
following damages:
a) lost profits, consequential and incidental damages as proven at trial.
b) the costs for renovations to the banquet facilities and the restaurant.
c) costs and expenses of this action, and;
d) such other amounts this Court may deem just and proper.
COUNT III-BREACH OF CONTRACT(IMPLIED COVENANT OF QUIET
ENJOYMENT)
LINDA EWING and MARTHA SHELLY v. STERMAC, LLC and
STEVEN MCCARREN
35. Plaintiffs incorporate by reference paragraphs one through thirty-four (34) as
though set forth at length.
36. An implied covenant of quiet enjoyment arose upon the execution of the
Restaurant Lease.
37. On or about September 5, 2007, SterMac and/or McCarren leased the banquet
facility to host a function or party.
38. The movements of the guests and caterers and their equipment in the banquet
facility caused a sustained and loud din in the restaurant.
39. Further, water from equipment of the caterer placed in the banquet facility leaked
through the ceiling above the restaurant and water soaked paper supplies and prepared foodstuffs
in the restaurant. The water caused damages of $1,130.00 for these lost goods and supplies and
the labor to clean up the damaged materials.
7
40. The loud and sustained din created by the guests and caterers in the banquet
facility caused Plaintiffs to lose profits and income as those entering the restaurant during this
period refused to stay and dine in the restaurant with the commotion from the banquet facility.
41. During this function in the banquet facility, there were no available parking spaces
in the parking lot adjacent to the restaurant which prevented potential patrons of the restaurant
from being able to find parking and, therefore, foregoing dining at the restaurant.
42. McCarren was advised of the effects upon the restaurant during the banquet
function and took no steps to address the damages being done to the restaurant. McCarren saw
the damage to the foodstuffs and paper supplies from the water coming through the ceiling and
did nothing to abate or address the damages.
43. It is believe, and therefore averred, that McCarren and/or SterMac intends to
continue to lease out the banquet facility over the restaurant. Such actions will cause significant
and constant damage to the business of Plaintiffs.
44. There is no adequate remedy at law to address the damages which Plaintiffs will
incur if Defendants are permitted to continue to lease the banquet facility.
45. It is believed, and therefore averred, that McCarren and/or SterMac intend to lease
out the banquet facility over the restaurant without modifying or otherwise taking steps to protect
Plaintiffs in the quiet enjoyment of their leased space such as, but not limited to, installing
insulating materials to reduce the sound emanating from the banquet facility, installing flooring
such as to prevent the movement of water and other liquids from the banquet facility into the
restaurant, limiting the periods of time during which the banquet facility may be used while the
restaurant is open and/or limiting the parking of guests to the banquet facility to provide parking
spaces for patrons of the restaurant.
8
46. Unless the Defendants are restrained from permitting use of the banquet facility
during the normal hours of operation of the restaurant, Plaintiffs will suffer continual and
irreparable injury.
47. The Restaurant Lease provides for the recovery of reasonable attorney fees and
costs by Plaintiffs in bringing this action.
WHEREFORE, Plaintiffs pray:
(a) that an injunction issue restraining Defendants from using the banquet
facility over the restaurant or permitting any other person or persons from using the banquet
facility unless and until Defendants make adequate modifications to the banquet facility so as not
to interfere with the normal operations and business of Plaintiffs in the restaurant:
(b) that Plaintiffs be awarded their costs and attorney fees in this action and
(c) that such other and further equitable relief be granted the Plaintiffs as the
case may require and as the Court may deem proper.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
L,
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiffs
dab.dir/litigation/ewing/mccarren/complaint.pld
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VERLMA.-I LM!
The statements in the: fa:re9r,1in,9 C:oIrplaint iin, bags( upon information wHch has been
assembled by our attorney In tW.S li'tigiitiC rx, 'Che larg aap o'the dawments is not our own, We
have read the statement, and to the exkra chat thoy it -e bast d upon information which we have
given to our counsel, th.-y are, trait wad c Dt"Ilat to t1w'; est of )ur lmow:.edge, information and
belief. We understand that Use steacramos herein, aunt rmole subject v, the penalties of 18 Fa.C.S.
§ 4904 relating to unsworn f dsBcation, to 111horitiu:, .
DATE: //- '? - 0
7 --
Apr 25,07 02-38p Steve McCarren 717-241-3022 p•3
J
COMMERCIAL LEASE
This lease is made between., L L L , herein called Lessor
(Landlord), and ? , herein called Lessee (Tenant).
Lessee hereby offers to lease Lessor the ices situated in the city of
County of State of described as
32.0 .
> upon the following TERMS and CONDITIONS:
1. TERM AND REN 4acc)io ?sbr demises the above premises for a term of ,s'?years,
commencing C3C 7 , (yew), and terminating on S-? 3 j Zv 1 ! b^ew)6
or sooner as proviued herein at the annual rental of Dollars
($ ) 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 mate to Lessor, at the
address specified above.
2. USE. Lessee shall use and occupy the premises for GA
The premises shall be used for no other purpose. Lessor represen6ZIat 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 equipment upon the
premises, and shall surrender the same at termination hereof, in as good condition as received,
normal wear and gear excepted. Lessee shall be responsible for all repairs zcquired, eaneeptmg
the roof; exterior walls, structural foundations, and: -? { - ' l 0,:" cc??
which shall be maintained by Lessor. I.essae shall also maintain in good condition such portions
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, additions, or improvements, in, to or about the premises.
. n 4--5-
EXHIBIT "A"
Apr 25 07 02:38p Steve McCerren 717-241-3022 p,4
S. 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.
6. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this lease or sublet any
portion of the premises without prior written consent of the Lessor, which shall not be
unreasonably withheld. Any such assignment or subletting without consent shall be void and, at
the option of the Lessor, may terminate this lease.
7. UTILITIES. All applications and connections for necessary utility services on the
demised premises shall be made in the name of Lessee only, and Lessee shall be solely liable for
utility charges as they become due, including those for sewer, water, gas, electricity, and
telephone services.
8. ENTRY AND INSPECTION. Lessee shall permit Lessor or Lessor's agents to enter
upon the premises at reasonable times and upon reasonable notice, for the purpose of inspecting
the same, and will permit Lessor at any time within sixty (60) days prior to the expiration of this
lease, to place upon the premises any usual "To Let" or "For Lease' signs, and permit persons
desiring to lease the same to inspect the premises thereafter.
9. POSSESSION. If Lessor is unable to deliver possession of the premises at the
commencement hereof, Lessor shall not be liable for any damage caused thereby, nor shall this
lease be void or voidable, but Lessee shall not be liable for any rent until possession is delivered.
Lessee may terminate this lease if possession is not delivered within days of the
commencement of the term hereof.
10. INDEMNIFICATION OF LESSOR. Lessor shall not be liable for any damage or injury
to Lessee, or any other person, or to any property, occurring on the demised premises or any part
thereof, and Lessee agrees to hold Lessor harmless from any claim for damages, no matter how
caused.
11. INSURANCE. Lessee, at his expense, shall maintain plate glass and public liability
insurance including bodily injury and property damage insuring Lessee and Lessor with
minimum coverage as follows:
Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional
insured. The Certificate shall provide for a ten-day written notice to Lessor in the event of
cancellation or material change of coverage. To the maximum extent permitted by insurance
policies which may be owned by Lessor or Lessee, Lessee and Lessor, for the benefit of each
other, waive any and all rights of subrogation which might otherwise exist.
12. EMINENT DOMAIN. If the premises or any part thereof or any estate therein, or any
other part of the building materially affecting Lessee's use of the premise, 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 fixtures and improvements owned by Lessee, and for moving expenses.
Apr 25 ,07 02:38p Steve McCarren 717.241-3022 P.5
13. DESTRUCTION OF PREMISES. In the event of a partial destruction 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 existing governmental laws and
regulations; but such partial destruction 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 within 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 party. In the event that the building 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 destruction
of the building in which the premises may be situated shall terminate this lease.
14. LESSOR'S REMEDIES ON DEFAULT. If Lessee defaults 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 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 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 shall then quit and surrender the premises to Lessor, but Lessee shall
remain liable as hereinafter provided. If this lease shall have been so terminated by Lessor,
Lessor may at any time thereafter resume possession of the premises by any lawful means and
remove Lessee or other occupants and their effects. No failure to enforce any term shall be
deemed a waiver.
15. SECURITY DEPOSIT. Lessee shall deposit with Lessor on the signing of this lease the
sum of
Dollars ($ ) as security deposit for the performance of Lessee's obligations under this
lease, including without 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 full
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 above the amount of such taxes
assessed for the tax year during which the term of this lease commences, whether because of
increased rate or valuation, Lessee shall pay to Lesser upon presentation of paid tax bills an
amount equal to % of the increase in 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 term of the lease, the obligation of Lessee shall be proportionate to the portion of the
lease term included in such year.
25,07 02:39p
717-241-3022
P.6
17. COMMON AREA EXPENSES. In the event the demised premises are situated in a
shopping center or in a commercial building in which there are common areas, Lessee agrees to
pay his pro-rata share of maintenance, taxes, and insurance for the common area.
19. 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 may, or is required to give, shall be given by
mailing the same, postage prepaid, to Lessee at the premises, or Lessor at the address first
written, or at such other places as may be designated by the parties f mm time to time.
21. HEIRS, ASSIGNS, SUCCESSORS. This lease is binding upon and inures to the benefit
of the heirs, assigns and successors 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 the option to renew the lease for an additional term of
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 S . The option shall be exercised by written notice given to Lessor not
less than 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 fixture
liens and encumbrances against the property.
24. RADON GAS DISCLOSURE. As required by law, (Landlord) makes the following
disclosure: "Radon Gas" is a naturally occurring radioactive gas that, when it has accumulated in
a building in sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of radon that exceed federal and state guidelines have been found in buildings in
. Additional information regarding radon and radon testing may be
obtained from your county public health unit.
25. ENTIRE AGREEMENT. The foregoing constitutes the entire agreement between the
parties and may be modified only by a writing signed by both parties. The following Exhibits, if
any, have been made a part of this lease before the parties' execution hereof
Signed this day of O 4,a0 -
B`y?_ O
Lessee (Tenant)
,060 (-(yew).
Lessor (Landlord)
COMMERCIAL LEASE
This lease is made between SterMac LLC, herein called Lessor
(Landlord), and Martha Shelly and Linda Ewing, herein called Lessee (Tenant).
Lessee hereby offers to lease from Lessor the premises situated in the City of Carlisle
, County of Cumberland , State of Pennsylvania , described as the 2°d floor of
Building B 320 East Louther Street, upon the following TERMS and CONDITIONS:
1. TERM AND RENT. Lessor demises the above premises for a term of 1 year,
commencing February 1, 2007, and terminating on January 31, 2008,
or sooner as provided herein at the annual rental of Twelve thousand Dollars
($12,000.00) payable in installments as described below in advance on the first day of
each month for that month's rental, during the term of this lease. Terms are as follows:
February 1, 2007- $750.00
March 1, 2007 - $750.00
April 1, 2007- $750.00
May 1, 2007 -$750.00
June 1, 2007 - $750.00
July 1, 2007 - $750.00
August 1, 2007 - $1250.00
September 1, 2007 - $1250.00
October 1, 2007 - $1250.00
November 1, 2007 - $1250.00
December 1, 2007 - $1250.00
January 1, 2008 - $1250.00
All rental payments shall be made to Lessor, at the
address specified below:
SterMac LLC
50 N. Spring Garden Street
Carlisle, Pa. 17013.
2. USE. Lessee shall use and occupy the premises for Catered Events Facility.
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
EXHIBIT "B"
and at all times, maintain the premises in good and safe condition. Lessee 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 and
maintenance required, excepting
the roof, exterior walls, structural foundations, and: common areas, parking lot,
accessways, heating, and air conditioning.
which shall be maintained by Lessor.
4. ALTERATIONS. Lessee shall not, without first obtaining the written consent of
Lessor,
make any alterations, additions, 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.
6. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this lease or sublet any
portion of the premises without prior written consent of the Lessor, which shall not be
unreasonably withheld. Any such assignment or subletting without consent shall be void
and, at
the option of the Lessor, may terminate this lease.
7. U T I L I T I E S. All applications and connections for necessary utility services on the
demised premises shall be made in the name of Lessee only, and Lessee shall be solely
liable for
utility charges as they become due, including those for gas, electricity, trash removal,
and telephone services.
8. E N T RY AND INSPECTION. Lessee shall permit Lessor or Lessor's agents to enter
upon the premises at reasonable times and upon reasonable notice, for the purpose of
inspecting
the same, and will permit Lessor at any time within sixty (60) days prior to the expiration
of this
lease, to place upon the premises any usual "To Let" or "For Lease" signs, and permit
persons
desiring to lease the same to inspect the premises thereafter.
9. P O S S E S S 10 N. If Lessor is unable to deliver possession of the premises at the
commencement hereof, Lessor shall not be liable for any damage caused thereby, nor
shall this
lease be void or voidable, but Lessee shall not be liable for any rent until possession is
delivered.
Lessee may terminate this lease if possession is not delivered within 10 days of the
commencement of the term hereof.
10. INDEMNIFICATION OF LESSOR. Lessor shall not be liable for any damage or
injury
to Lessee, or any other person, or to any property, occurring on the demised premises or
any part
thereof, and Lessee agrees to hold Lessor harmless from any claim for damages, no
matter how
caused.
11. EMINENT DOMAIN. If the premises or any part thereof or any estate therein, or any
other part of the building materially affecting Lessee's use of the premise, 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. However, Lessee
will have the right to recover from the condemning authority any compensation that may
be separately awarded to Lessee in connection with any award allowable to Lessee by
law, including but not limited to lost profits, destruction of the Improvements, relocation,
loss in value of leasehold interests, costs in removing Lessee's Improvements,
merchandise, furniture, fixtures, leasehold improvements, and equipment to a new
location.
12. DESTRUCTION OF PREMISES. If the Building or leased Premises are damaged or
destroyed by fire or other casualty by any cause other than the fault of Lessee, Lessor at
Lessor's expense shall repair such damage, and any rent due for the time Lessee is out of
possession of the Premises shall be abated. If the repair of the Building or of the leased
Premises cannot be made prior to one hundred eighty (180) days following such damage
or destruction, either Lessor or Lessee may terminate the Lease. Lessor shall give to
Lessee an estimate of the time it will take to repair the Building or Premises within thirty
(30) days following such damage or destruction.
13. LESSOR'S REMEDIES ON DEFAULT. If Lessee defaults 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 10 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 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 10
days' notice to Lessee. On the date specified in such notice the term of this lease shall
terminate, and Lessee shall then quit and surrender the premises to Lessor, but Lessee
shall
remain liable as hereinafter provided. If this lease shall have been so terminated by
Lessor,
Lessor may at any time thereafter resume possession of the premises by any lawful means
and
remove Lessee or other occupants and their effects. No failure to enforce any term shall
be
deemed a waiver.
14. SECURITY DEPOSIT. Lessee shall deposit with Lessor on the signing of this lease
the
sum of One thousand Dollars ($1000.00) as security deposit for the performance of
Lessee's obligations under this
lease, including without 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
full
deposit on hand at all times during the term of this lease.
15. 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 above the amount of such
taxes
assessed for the tax year during which the term of this lease commences, whether because
of
increased rate or valuation, Lessee shall pay to Lesser upon presentation of paid tax bills
an
amount equal to 5 % of the increase in 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 term of the lease, the obligation of Lessee shall be proportionate to the portion
of the
lease term included in such year.
16. COMMON AREA EXPENSES. In the event the demised premises are situated in a
shopping center or in a commercial building in which there are common areas, Lessee
agrees to
pay his pro-rata share of maintenance, taxes, and insurance for the common area.
17. 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 parry shall be entitled to all costs incurred in
connection
with such action, including a reasonable attorney's fee.
18. WA I V E R. No failure of Lessor to enforce any term hereof shall be deemed to be a
waiver.
19. NOTICES. Any notice which either party may, or is required to give, shall be given
by
mailing the same, postage prepaid, to Lessee at the premises, or Lessor at the address first
written, or at such other places as may be designated by the parties from time to time.
20. HEIRS, ASSIGNS, SUCCESSORS. This lease is binding upon and inures to the
benefit
of the heirs, assigns and successors in interest to the parties.
21.OPTION TO RENEW. Provided that Lessee is not in default in the performance of
this
lease, Lessee shall have the option to renew the lease for an additional term of 12
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 $1750.00 for the first consecutive six months and $2250.00 for
next consecutive six months. The option shall be exercised by written notice given to
Lessor not less than 30 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.
22. SUBORDINATION. This lease is and shall be subordinated to all existing and future
liens and encumbrances against the property.
23. ENTIRE AGREEMENT. The foregoing constitutes the entire agreement between the
parties and may be modified only by a writing signed by both parties. The following
Exhibits, if
any, have been made a part of this lease before the parties' execution hereof:
Signed this day of
By:
By:
Lessee (Tenant) Lessor (Landlord)
AMENDMENT TO LEASE
BE IT KNOWN, that for good consideration Of SterMac LLC (Landlord), and of
Martha Shelly and Linda Ewing ( Tenant), under a certain lease agreement between them
for premises known as The Ribbon Mill Loft (upstairs of Building B 320 East Louther
Street Carlisle, Pa. 17013), dated February 1, 2007, (Lease) hereby agree to modify and
amend said Lease as to the following terms:
Commencing at noon (12:00pm) March 31, 2007 and ending at midnight (12:00am)
April 1, 2007, SterMac LLC (Landlord), hereby known as Stephen McCarren, shall
have the use of the upstairs of Building B 320 East Louther Street Carlisle, Pa.
17013 to host a private event as per the verbal agreement between Stephen
McCarren (Landlord) and Martha Shelly and Linda Ewing (Tenant).
Stephen McCarren (Landlord) shall reimburse Martha Shelly and Linda Ewing
(Tenant) the following sums of monies for the time and utility usage of said
property:
$60.00 for utility usage
$25.00 for rents paid to Landlord
Waiver of Liability:
The undersigned, Stephen McCarren (Landlord) makes and grants the Waiver of
Liability effective for the hours of beginning at 12:00pm (noon) March 31, 2007 and
ending at 12:00am (midnight) April 1, 2007 in favor of Martha Shelly and Linda
Ewing (Tenant). I do hereby waive and release Martha Shelly and Linda Ewing
(Tenant) from any and all liability connected with my aforementioned use of these
premises.
All other Lease terms shall remain in force as contained in the original Lease, which
provisions are incorporated herein by reference. This Lease Amendment shall become a
part of the original Lease and shall be binding
upon and inure to the benefit of the parties, their successors, assigns and personal
representatives.
Signed this day of
In the presence of
Witness
Landlord
, 2007.
Witness Tenant
COMMERCIAL LEASE
This lease is made between SterMac LLC, herein called Lessor
(Landlord), and Martha Shelly and Linda Ewing, herein called Lessee (Tenant).
Lessee hereby offers to lease from Lessor the premises situated in the City of Carlisle
, County of Cumberland , State of Pennsylvania , described as the 2"d floor of
Building B 320 East Louther Street, upon the following TERMS and CONDITIONS:
1. TERM AND RENT.I-v Ysor demises the above premises for a term of 3 years,
commencing February;po, 2007, and terminating on January 31, 2010,
or sooner as provided herein at the annual rental of Eleven Thousand Five Hundred
Ninety Eight Dollars and Twenty Seven Cents
($11,598.27) for the first consecutive 12 months, Twenty Four thousand Dollars
($24,000.00) for the second consecutive twelve months, and Thirty thousand Eight
Hundred and four Dollars ($30,804.00) for the third consecutive twelve months,
payable in installments as described below in advance on the first day of each month for
that month's rental, during the term of this lease. Terms are as follows:
February 15,2007-
$348.27
March 1, 2007 - $750.00
April 1, 2007- $750.00
May 1, 2007 -$750.00
June 1, 2007 - $750.00
July 1, 2007 - $750.00
August 1, 2007 - $1250.00
September 1, 2007--
$1250.00
October 1, 2007 - $1250.00
November 1, 2007 -
$1250.00
December 1, 2007 -
$1250.00
January 1, 2008 - $1250.00
February 1, 2008- $1750.00
March 1, 2008 - $1750.00
April 1, 2008 - $1750.00
May 1, 2008 - $1750.00
June 1, 2008 - $1750.00
July 1, 2008 - $1750.00
August 1, 2008 - $2250.00
September 1, 2008-$2250.00
October 19 2008 - $2250.00
November 1, 2008 -
$2250.00
December 1, 2008- $2250.00
January 19 2009 - $2250.00
February 1, 2009-
$2567.00
March 1, 2009-$2567.00
April 1, 2009- $2567.00
May 1, 2009- $2567.00
June 1, 2009-$2567.00
Julyl, 2009- $2567.00
August 1, 2009-$2567.00
September 1, 2009-
$2567.00
October 1, 2009-$2567.00
November 1, 2009-
$2567.00
Decemberl, 2009-
$2567.00
January 1, 2010-$2567.00
All rental payments shall be made to Lessor, at the
address specified below:
EXHIBIT "C"
SterMac LLC
50 N. Spring Garden Street
Carlisle, Pa. 17013.
2. USE. Lessee shall use and occupy the premises for Catered Events Facility.
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. Lessee 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 and
maintenance required, excepting
the roof, exterior walls, structural foundations, and: common areas, parking lot,
accessways, heating, and air conditioning.
which shall be maintained by Lessor.
4. ALTERATIONS. Lessee shall not, without first obtaining the written consent of
Lessor,
make any alterations, additions, 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.
6. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this lease or sublet any
portion of the premises without prior written consent of the Lessor, which shall not be
unreasonably withheld. Any such assignment or subletting without consent shall be void
and, at
the option of the Lessor, may terminate this lease.
7. U T I L I T I E S. All applications and connections for necessary utility services on the
demised premises shall be made in the name of Lessee only, and Lessee shall be solely
liable for
utility charges as they become due, including those for gas, electricity, trash removal,
and telephone services.
8. E N T RY AND INSPECTION. Lessee shall permit Lessor or Lessor's agents to enter
upon the premises at reasonable times and upon reasonable notice, for the purpose of
inspecting
the same, and will permit Lessor at any time within sixty (60) days prior to the expiration
of this
lease, to place upon the premises any usual "To Let" or "For Lease" signs, and permit
persons
desiring to lease the same to inspect the premises thereafter.
9. P O S S E S S 10 N. If Lessor is unable to deliver possession of the premises at the
commencement hereof, Lessor shall not be liable for any damage caused thereby, nor
shall this
lease be void or voidable, but Lessee shall not be liable for any rent until possession is
delivered.
Lessee may terminate this lease if possession is not delivered within 10 days of the
commencement of the term hereof.
10. INDEMNIFICATION OF LESSOR. Lessor shall not be liable for any damage or
injury
to Lessee, or any other person, or to any property, occurring on the demised premises or
any part
thereof, and Lessee agrees to hold Lessor harmless from any claim for damages, no
matter how
caused.
11. I N S U R A N C E. Lessee, at his expense, shall maintain liability
insurance including bodily injury and property damage insuring Lessee and Lessor with
minimum coverage as follows:
Lessee is required to provide evidence of General Liability Insurance (Bodily Injury and
Property Damage) for a minimum or $1,000,000.00. Such evidence should be in the form
of a Certificate of Insurance.
Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional
insured. The Certificate shall provide for a ten-day written notice to Lessor in the event of
cancellation or material change of coverage.
12. EMINENT DOMAIN. If the premises or any part thereof or any estate therein, or any
other part of the building materially affecting Lessee's use of the premise, 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. However, Lessee
will have the right to recover from the condemning authority any compensation that may
be separately awarded to Lessee in connection with any award allowable to Lessee by
law, including but not limited to lost profits, destruction of the Improvements, relocation,
loss in value of leasehold interests, costs in removing Lessee's Improvements,
merchandise, furniture, fixtures, leasehold improvements, and equipment to a new
location.
13. DESTRUCTION OF PREMISES. If the Building or leased Premises are damaged or
destroyed by fire or other casualty by any cause other than the fault of Lessee, Lessor at
Lessor's expense shall repair such damage, and any rent due for the time Lessee is out of
possession of the Premises shall be abated. If the repair of the Building or of the leased
Premises cannot be made prior to one hundred eighty (180) days following such damage
or destruction, either Lessor or Lessee may terminate the Lease. Lessor shall give to
Lessee an estimate of the time it will take to repair the Building or Premises within thirty
(30) days following such damage or destruction.
14. LESSOR'S REMEDIES ON DEFAULT. If Lessee defaults 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 10 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 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 10
days' notice to Lessee. On the date specified in such notice the term of this lease shall
terminate, and Lessee shall then quit and surrender the premises to Lessor, but Lessee
shall
remain liable as hereinafter provided. If this lease shall have been so terminated by
Lessor,
Lessor may at any time thereafter resume possession of the premises by any lawful means
and
remove Lessee or other occupants and their effects. No failure to enforce any term shall
be
deemed a waiver.
15. SECURITY DEPOSIT. Lessee shall deposit with Lessor on the signing of this lease
the
sum of Two Thousand Five Hundred Sixty Seven Dollars ($2567.00) as security
deposit for the performance of Lessee's obligations under this
lease, including without 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
full
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 above the amount of such
taxes
assessed for the tax year during which the term of this lease commences, whether because
of
increased rate or valuation, Lessee shall pay to Lesser upon presentation of paid tax bills
an
amount equal to 5 % of the increase in 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 term 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. In the event the demised premises are situated in a
shopping center or in a commercial building in which there are common areas, Lessee
agrees to
pay his pro-rata share of maintenance, taxes, and insurance for the 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. WA I V E R. No failure of Lessor to enforce any term hereof shall be deemed to be a
waiver.
20. NOTICES. Any notice which either party may, or is required to give, shall be given
by
mailing the same, postage prepaid, to Lessee at the premises, or Lessor at the address first
written, or at such other 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 successors 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 the option to renew the lease for an additional term of 12
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 $1750.00 for the first consecutive six months and $2250.00 for
neat consecutive six months. The option shall be exercised by written notice given to
Lessor not less than 30 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 property.
24. ENTIRE AGREEMENT. The foregoing constitutes the entire agreement between the
parties and may be modified only by a writing signed by both parties. The following
Exhibits, if
any, have been made a part of this lease before the parties' execution hereof
Signed this day of Ti /44/1- cP04-r7 ,
By:
By:
Lessee (Tenant) U Lessor (Landlord)
COMMERCIAL LEASE
This lease is made between SterMac LLC, herein called Lessor
(Landlord), and Martha Shelly and Linda Ewing, herein called Lessee (Tenant).
Lessee hereby offers to lease from Lessor the premises situated in the City of Carlisle
, County of Cumberland , State of Pennsylvania , described as the 2Id floor of
Building B 320 East Louther Street, upon the following TERMS and CONDITIONS:
1. TERM AND RENT. Lessor demises the above premises for a term of 18 Months,
commencing February 15, 2007, and terminating on August 15, 2008,
or sooner as provided herein at the annual rental of Twelve Thousand Dollars
($12,000.00) for the first consecutive 12 months, and Ten Thousand Five Hundred
Dollars ($10,500.00) for the second consecutive six months, payable in installments as
described below in advance on the fifteenth day of each month for that month's rental,
during the term of this lease. Terms are as follows:
February 15, 2007-
$750.00
March 15, 2007 - $750.00
April 15,2007- $750.00
May 15, 2007 -$750.00
June 15, 2007 - $750.00
July 15, 2007 - $750.00
August 15, 2007 - $1250.00
September 15, 2007--
$1250.00
October 15, 2007 -
51250.00
November 15, 2007 -
$1250.00
December 15, 2007 -
S1250.00
January 15, 2008 -
$1250.00
)February 15,2008-
$1750.00
March 15, 2008 - $1750.00
April 15, 2008 - $1750.00
May 15, 2008 - $1750.00
June 15, 2008 - $1750.00
July 15, 2008 - $1750.00
All rental payments shall be made to Lessor, at the
address specified below:
EXHIBIT "D"
p2
SterM. ac LLC
50 N. Spring Garden Street
Carlisle, Pa. 17013.
2. USE. Lessee shall use and occupy the premises for Catered Events Facility.
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. Lessee 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 and
maintenance required, excepting
the roof, exterior walls, structural foundations, and: common areas, parking lot,
accessways, beating, and air conditioning.
which shall be maintained by Lessor.
4. ALTERATIONS. Lessee shall not, without first obtaining the written consent of
Lessor,
make any alterations, additions, 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.
6. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this lease or sublet any
portion of the premises without prior written consent of the Lessor, which shall not be
unreasonably withheld. Any such assignment or subletting without consent shall be void
and, at
the option of the Lessor, may terminate this lease.
7. U T I L I T I E S. All applications and connections for necessary utility services on the
demised premises shall be made in the name of Lessee only, and Lessee shall be solely
liable for
utility charges as they become due, including those for gas, electricity, trash removal,
and telephone services.
8. E N T RY AND INSPECTION. Lessee shall permit Lessor or Lessor's agents to enter
upon the premises at reasonable times and upon reasonable notice, for the purpose of
inspecting
21 07 02:30p Steve McCarren 717-241-31022 p.3
the same, and will permit Lessor at any time within sixty (60) days prior to the expiration
of this
lease, to place upon the premises any usual "To Let" or "For Lease" signs, and permit
persons
desiring to lease the same to inspect the premises thereafter.
9. P O S S E S S 10 N. If Lessor is unable to deliver possession of the premises at the
commencement hereof, Lessor shall not be liable for any damage caused thereby, nor
shall this
lease be void or voidable, but Lessee shall not be liable for any rent until possession is
delivered.
Lessee may terminate this lease if possession is not delivered within 10 days of the
commencement of the term hereof.
10. INDEMNIFICATION OF LESSOR. Lessor shall not be liable for any damage or
injury
to Lessee, or any other person, or to any property, occurring on the demised premises or
any part
thereof and Lessee agrees to hold Lessor harmless from any claim for damages, no
matter how
caused.
11. I N S U R A N C E. Lessee, at his expense, shall maintain liability
insurance including bodily injury and property damage insuring Lessee and Lessor with
minimum coverage as follows:
Lessee is required to provide evidence of General Liability Insurance (Bodily Injury and
Property Damage) for a minimum or $1,000,000.00. Such evidence should be in the form
of a CeWicate of Insurance.
Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional
insured. The Certificate shall provide for a ten-day written notice to Lessor in the event of
cancellation or material change of coverage.
12. EMINENT DOMAIN. If the premises or any part thereof or any estate therein, or any
other part of the building materially affecting Lessee's use of the premise, 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
27 07 02:31 p Steve hlcCarren 717-241-3022 p.4
any part of the award for such taking or any payment in lieu thereof. However, Lessee
will have the right to recover from the condemning authority any compensation that may
be separately awarded to Lessee in connection with any award allowable to Lessee by
law, including but not limited to lost profits, destruction of the Improvements, relocation,
loss in value of leasehold interests, costs in removing Lessee's Improvements,
merchandise, furniture, fixtures, leasehold improvements, and equipment to a new
location.
13. DESTRUCTION OF PREMISES. If the Building or leased Premises are damaged or
destroyed by fire or other casualty by any cause other than the fault of Lessee, Lessor at
Lessors expense shall repair such damage, and any rent due for the time Lessee is out of
possession of the Premises shall be abated. If the repair of the Building or of the leased
Premises cannot be made prior to one hundred eighty (180) days following such damage
or destruction, either Lessor or Lessee may terminate the Lease. Lessor shall give to
Lessee an estimate of the time it will take to repair the Building or Premises within thirty
(30) days following such damage or destruction.
14. LESSOR'S REMEDIES ON DEFAULT. If Lessee defaults 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 10 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 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 10
days' notice to Lessee. On the date specified in such notice the term of this lease shall
terminate, and Lessee shall then quit and surrender the premises to Lessor, but Lessee
shall
remain liable as hereinafter provided- If this lease shall have been so terminated by
Lessor,
Lessor may at any time thereafter resume possession of the premises by any lawful means
and
remove Lessee or other occupants and their effects. No failure to enforce any term shall
be
deemed a waiver.
15. SECURITY DEPOSIT. Lessee shall deposit with Lessor on the signing of this lease
the
sum of One Thousand Two Hundred Fifty Dollars ($1250.00) as security deposit for
the performance of Lessee's obligations under this
lease, including without 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
P'.5
shall on demand deposit with Lessor the amount so applied so that Lessor shall have the
full
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 takes over and above the amount of such
taxes
assessed for the tax year during which the term of this lease commences, whether because
of
increased rate or valuation, Lessee shall pay to Lesser upon presentation of paid tax bills
an
amount equal to S % of the increase in 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 term 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. In the event the demised premises are situated in a
shopping center or in a commercial building in which there are common areas, Lessee
agrees to
pay his pro-rata share of maintenance, taxes, and insurance for the 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. 'OVA I V E R. No failure of Lessor to enforce any term hereof shall be deemed to be a
waiver.
20. NOTICES. Any notice which either party may, or is required to give, shall be given
by
mailing the same, postage prepaid, to Lessee at the premises, or Lessor at the address first
written, or at such other 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 successors in interest to the parties.
22. OPTION TO RENEW. Provided that Lessee is not in default in the performance of
this
02:31 p
717-241,1022
lease, Lessee shall have the option to renew the lease for an additional term of 18
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 $1750.00 for the first consecutive six months, $2250.00 for the
second consecutive six months, and $2567.00 for the third consecutive six months. The
option shall be exercised by written notice given to Lessor not less than 30 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. SUBORMNATION. This lease is and shall be subordinated to all existing and future
liens and encumbrances against the property.
24. ENTIRE AGREENL E TT. The foregoing constitutes the entire agreement between the
parties and may be modified only by a writing signed by both parties. The following
Exhibits, if
any, have been made a part of this lease before the parties' execution hereof:
Signed this day of
By:
By:
Lessee (Tenant) Lessor (Landlord)
CONTRACT
Agreement made this day of , ( ), between
Stephen McCarren DBA McCarren Supply, hereinafter, Lessor and, Martha Shelly
and Linda Ewing
Hereinafter Lessee .
The parties to this agreement, in consideration of the mutual covenants and stipulations
set out, agree as follows:
Martha Shelly and Linda Ewing shall have the use of the freight elevator located in the
McCarren Supply Store to transport supplies to the upstairs facility per catered event
scheduled as per the following stipulations:
• $50.00 usage charge per event per day payable within ten days after event
• Martha Shelly and Linda Ewing shall be wholly responsible for maintaining the
security of the McCarren Supply premises during said events. Quality and
effectiveness of security shall be left to the discretion of Stephen McCarren,
owner of McCarren Supply
• A two week notice submitted to the McCarren Supply office prior to scheduled
events requiring the use of the elevator
• This contract shall expire on February , 2008
If at any time such requirements are not met, this contract shall become null and void.
SECTION I
INSTRUMENT AS ENTIRE AGREEMENT
This instrument contains the entire agreement between the parties, and no statements,
promises, or inducements made by either party or agent of either party that are not
contained in
this contract shall be valid or binding; this contract may not be enlarged, modified, or
altered
except in writing signed by both parties and endorsed on this agreement.
SECTION II
EFFECT OF AGREEMENT
This agreement shall inure to the benefit of and be binding on the heirs, executors,
assignees, and successors of the respective parties.
IN WITNESS WHEREOpthe parties have executed this agreement on the day and year
first above written.
of
Print Name of First Party Pri
of Second Party
La
of Second Party
el"l
s1 .
EXHIBIT "E"
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P\FILES\C1ients112532 McCarron\12532.1.pra
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARTHA SHELLY and : IN THE COURT OF COMMON PLEAS OF
LINDA EWING, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : NO. 2007-6918 CIVIL TERM
STERMAC, LLC and : CIVIL ACTION - EQUITY
STEVEN McCARREN,
Defendants
PRAECIPE
Please enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY &
FALLER for the Defendants, SterMac, LLC, and Steven McCarren.
MARTSON LAW OFFICES
Date: /Z - / ? - 0 -7-
By ?-- rZ?
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
David A. Baric, Esquire
O'BRIEN, BARIC & SCHERER
19 West South Street
Carlisle, PA 17013
MARTSON LAW OFFICES
By
M. Price
East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: , / 0?
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06918 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHELLY MARTHA ET AL
VS
STERMAC LLC ET AL
STEPHEN BENDER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EQUITY was served upon
STERMAC LLC
the
DEFENDANT , at 1515:00 HOURS, on the 29th day of November-, 2007
at 50 NORTH SPRING GARDEN STREET
CARLISLE, PA 17013 by handing to
STEVEN MCCARREN ADULT IN CHARGE
a true and attested copy of COMPLAINT - EQUITY together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge 'l
44
Sworn and Subscibed to
before me this
So Answers:
18.00
4.80
.41
10.00 R. Thomas Kline
.00
33.21 11/30/2007
O'BRIEN BARIC & SCHERER
By.
day eputy Sheriff
of A. D.
CASE NO: 2007-06918 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHELLY MARTHA ET AL
VS
STERMAC LLC ET AL
STEPHEN BENDER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EQUITY was served upon
MCCARREN STEVEN
the
DEFENDANT , at 1515:00 HOURS, on the 29th day of November-, 2007
at 50 NORTH SPRING GARDEN STREET
CARLISLE, PA 17013
n mn1 77"wT nRnr+r TlM TPTT
by handing to
a true and attested copy of COMPLAINT - EQUITY together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge,. 1
ND
Sworn and Subscibed to
before me this
So Answers:
6.00
y ,?=
.00
00
10.00 R. Thomas Kline
.00
16.00 11/30/2007
O'BRIEN BARIC &SCHERER
By
day Deput Sheriff
of A. D.
0
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARTHA SHELLY and : IN THE COURT OF COMMON PLEAS OF
LINDA EWING, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : NO. 2007-6918 CIVIL TERM
STERMAC, LLC and : CIVIL ACTION - EQUITY
STEVEN McCARREN,
Defendants
NOTICE TO PLEAD
TO: MARTHA SHELLY and LINDA EWING, Plaintiffs, and their attorney, DAVID A
BARIC, ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED
NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE
HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
Date:
MARTSON LAW OFFICES
By_ 2447a ? /Z,-
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
4
i
FARLESTlients\12532 MXC en112532.1.ans
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6918 CIVIL TERM
CIVIL ACTION - EQUITY
ANSWER WITH NEW MATTER AND COUNTERCLAIM
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted. By was of further response, Defendant McCarren was acting as an agent
and/or employee of Defendant SterMac at all relevant times.
5. Admitted.
6. Denied as the document speaks for itself.
7. Denied as the document speaks for itself.
8. Admitted in part and denied in part. It is admitted that Plaintiff Shelly operates a
business in the leased premises known as Martha's Place, but it is denied as to the extent of electrical
renovations performed by Plaintiff Shelly and strict proof of the same is demanded at trial.
9. Admitted.
10. Admitted in part and denied in part. It is admitted that Defendant McCarren had
stated in passing that Plaintiff Shelly could rent the second floor of the property as the same was
going to be leased. It is denied that it was represented it could be used as a banquet facility.
11. Denied. No terms were discussed as stated within the Complaint.
12. Denied. Plaintiff Shelley began booking events, making reservations, etc., before
a lease was finalized.
13. Denied. Defendant McCarren did not provide Plaintiff Shelly with independent
contractors. The contractors were hired by Plaintiff Shelly. It is further denied that Defendant
McCarren purchased construction materials for the renovations and resold them. If any materials
were purchased, they were either purchased by third parties or purchased by Plaintiff Shelly and their
contractors from McCarren Supply. By way of further response, Plaintiff Shelly was provided with
a discount by allowing her or her contractors to purchase supplies from McCarren Supply's account.
14. Denied. Defendants are without knowledge or information sufficient to form a belief
as to the truth of the averment and the same is therefore denied and strict proof is demanded at trial.
15. Denied. Defendants are without knowledge or information sufficient to form a belief
as to the truth of the averment and the same is therefore denied and strict proof is demanded at trial.
16. Admitted in part and denied in part. It is admitted that Defendant McCarren
presented Plaintiffs with a Commercial Lease but it is denied as to the contents of the Lease as the
Lease speaks for itself.
17. Admitted in part and denied in part. It is admitted that Defendant McCarren
presented Plaintiffs with a Commercial Lease, but it is denied as to the contents of the Lease as the
Lease speaks for itself.
18. Denied. The document speaks for itself. By way of further response, it is admitted
that Plaintiff Shelly executed the Commercial Lease referenced in the Complaint as Exhibit "C".
Defendant Stermac never executed the same because the circumstances between Defendant SterMac
and Plaintiff Martha Shelly changed resulting in Defendant Stermac feeling uncomfortable about the
current situation because Plaintiff Shelly had additional requests which included but were not limited
to use of the service elevator for a term to be extended over a period of three years.
19. Denied. The document speaks for itself.
20. Denied. Only after the renovations were completed did Plaintiffs request from
Defendant McCarren use of the service elevator for the banquet facility. Defendant McCarren agreed
to such use and provided a written contract for the use of the service elevator to Plaintiffs. It is
admitted that the service elevator is located on space leased by Defendant McCarren.
21. Denied. The document speaks for itself. By way of further response, Defendant
McCarren did provide Plaintiffs a contract for the service elevator.
22. Admitted in part and denied in part. It is admitted that Defendant SterMac agreed to
pay for electrical work as it pertained to ceiling lights and ceiling fans. It is denied that any other
electrical renovations to the banquet facility were to be paid by Defendant SterMac. In addition, no
bills or amounts were ever presented to Defendant SterMac for reimbursement.
23. Denied. Plaintiffs were permitted to utilize the banquet facility and had done so on
numerous occasions. It was Plaintiffs' decision not to utilize the banquet facility as set forth in the
letter dated March 14, 2007, from Linda M. Ewing. Denied under Pa. R.C.P. 1029(e). A true and
correct copy of the letter is attached hereto as Exhibit "A."
COUNT I - BREACH OF IMPLIED CONTRACT
MARTHA SHELLY and LINDA EWING v. STERMAC, LLC and STEVEN McCARREN
24. Defendants' answers to Paragraphs 1-23 are incorporated herein by reference.
25. Denied as a conclusion of law. By way of further response, denied under Pa. R.C.P.
1029(e).
26. Denied as stated. It is admitted that Defendant SterMac was aware that some work
was being completed, which may or may not be considered improvements to the property.
27. Denied as a conclusion of law. By way of further response, Plaintiffs knew or should
have known that negotiations of the Commercial Lease were still underway and the same was to be
signed to memorialize the final terms agreed to. Moreover, the last commercial lease provided to
Plaintiffs was an 18 month term lease.
28. Denied as a conclusion of law.
WHEREFORE, Defendants demand judgment in their favor, costs of suit, attorney fees, and
dismissal of Plaintiffs' Complaint with prejudice. In addition, Defendants demand that possession
of the Premises be returned to Defendants, that all outstanding rent and late fees be paid to Defendant
SterMac as required by the Lease, and that this Court grant any other relief it deems appropriate.
COUNT II - BREACH OF CONTRACT (PROMISSORY ESTOPPEL)
LINDA EWING and MARTHA SHELLY v. STERMAC, LLC and STEVEN McCARREN
29. Defendants' answers to Paragraphs 1-28 are incorporated herein by reference.
30. Denied. SterMac offered to lease the banquet facility to Plaintiffs; however, the terms
were never agreed to as represented by the numerous commercial leases negotiated between the
parties.
31. (a) Denied as a conclusion of law.
(b) Denied as a conclusion of law.
(c) Denied as a conclusion of law.
32. Denied as a conclusion of law.
33. Denied as a conclusion of law.
34. (a) Denied under Pa. R.C.P. 1029(e).
(b) Denied under Pa. R.C.P. 1029(e).
(c) Denied under Pa. R.C.P. 1029(e).
(d) Denied under Pa. R.C.P. 1029(e).
WHEREFORE, Defendants demand that Plaintiffs' Complaint is dismissed with prejudice,
judgment is found in their favor and damages, costs of suit and attorney fees are awarded to
Defendants. Further, Defendants demand that this Court should declare Plaintiff Shelly in default
of the Lease, that the Lease is terminated immediately, that Plaintiff Shelly and any subtenants are
ejected from the Premises or the Premises is deemed abandoned and possession given back to
Defendant SterMac, that the balance owed for rent and utilities under the Lease that are or may
become due are awarded to Defendants, and that this Court grant any other relief that is proper.
COUNT III - BREACH OF CONTRACT
(IMPLIED COVENANT OF QUIET ENJOYMENT)
LINDA EWING and MARTHA SHELLY v. STERMAC, LLC and STEVEN MCCARREN
35. Defendants' answers to Paragraphs 1-34 are incorporated herein by reference.
36. Denied as a conclusion of law.
37. Denied. Neither Defendant SterMac nor Defendant McCarren leased the banquet
facility to host a function or party.
t
38. Denied under Pa. R.C.P. 1029(e). In addition, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averment and the same is therefore
denied and strict proof is demanded at trial.
39. Denied under Pa. R.C.P. 1029(e). In addition, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averment and the same is therefore
denied and strict proof is demanded at trial.
40. Denied under Pa. R.C.P. 1029(e). In addition, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averment and the same is therefore
denied and strict proof is demanded at trial.
41. Denied under Pa. R.C.P. 1029(e). In addition, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averment and the same is therefore
denied and strict proof is demanded at trial. The lease does not provide for parking spaces to the
tenant.
42. Denied under Pa. R.C.P. 1029(e). In addition, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averment and the same is therefore
denied and strict proof is demanded at trial. By way of further response, it is admitted that
Defendant McCarren saw a puddle located on Martha Shelly's leased space.
43. Denied under Pa. R.C.P. 1029(e). In addition, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averment and the same is therefore
denied and strict proof is demanded at trial.
44. Denied as a conclusion of law.
45. Denied under Pa. R.C.P. 1029(e). In addition, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averment and the same is therefore
denied and strict proof is demanded at trial.
46. Denied as a conclusion of law.
47. Denied as the document speaks for itself.
WHEREFORE, Defendants demand that Plaintiffs' Complaint is dismissed with prejudice,
judgment is found in their favor and damages, costs of suit and attorney fees are awarded to
Defendants. Further, Defendants demand that this Court should declare Plaintiff Shelly in default
of the Lease, that the Lease is terminated immediately, that Plaintiff Shelly and any subtenants are
ejected from the Premises or the Premises is deemed abandoned and possession given back to
Defendant SterMac, that the balance owed for rent and utilities under the Lease that are or may
become due are awarded to Defendants, and that this Court grant any other relief that is proper.
NEW MATTER
48. The averments of paragraphs 1 through 47 of this Answer are incorporated herein by
reference.
49. The Parole Evidence Rule prohibits any evidence outside of the contract to be used
in this litigation.
50. The banquet facility was on a month to month lease as indicated by a the letter
attached hereto as Exhibit "A" from Linda Ewing.
51. A tenant is not entitled to compensation for improvements made to the Premises
(hereinafter defined) in the absence of an agreement that the landlord would pay.
52. The improvements made were for the benefit of Plaintiffs in starting or conducting
their business or businesses.
53. Plaintiffs' claims are frivolous as to Count III above as Plaintiffs' knew or should
have known that the same or similar amount of noise would have occurred in the banquet facility
whether Plaintiffs used the same for a banquet facility or the area was used by a third party.
54. Plaintiff Ewing is not a party to the Lease (hereinafter defined) and, therefore, is
unable to bring an action under Count III above.
WHEREFORE, Defendants demand that Plaintiffs' Complaint is dismissed with prejudice,
judgment is found in their favor and damages, costs of suit and attorney fees are awarded to
Defendants. Further, Defendants demand that this Court should declare Plaintiff Shelly in default
of the Lease, that the Lease is terminated immediately, that Plaintiff Shelly and any subtenants are
ejected from the Premises or the Premises is deemed abandoned and possession given back to
Defendant SterMac, that the balance owed for rent and utilities under the Lease that are or may
become due are awarded to Defendants, and that this Court grant any other relief that is proper.
COUNTERCLAIM
COUNT I - BREACH OF CONTRACT
STERMAC, LLC v. MARTHA SHELLY
55. The averments of paragraphs 1 through 54 of this Answer are incorporated herein by
reference.
56. Plaintiff Shelly entered into a commercial lease with Defendant SterMac on or about
August 14, 2006 (the "Lease"), to lease 320 East Lowther Street, Carlisle, Pennsylvania (the
"Premises"), a portion of which is attached to Plaintiffs' Complaint as Exhibit "A." A true and
correct copy of the Lease is attached hereto as Exhibit "B."
57. The Premises was to be used for a cooking school and restaurant.
58. Plaintiff Shelly is in violation of the Lease by, among other things:
a. violating paragraph 4, when Plaintiff Shelly made alterations, additions and
improvements without written consent of Defendant SterMac, by among
other things, drilling holes in the floor and walls for wires and pipes;
b. violating paragraph 7, when Plaintiff Shelly did not pay for all utility charges
incurred;
c. when she utilized space outside of the Premises without permission, which
was considered a common area or space owned by Defendant SterMac;
d. violating paragraph 5, when Plaintiff Shelly was to abide by all laws of the
Commonwealth, including local ordinances, but utilized a service entrance
as the primary entrance to the Premises and without permission of Defendant
SterMac, blocked the access to and within a utility closet on the property
owned by Defendant SterMac, and utilized the outside of the building in
which the Premises was located to hang banners and signs;
e. utilizing the Premises for an auction without permission of Defendant
SterMac as the same is not permitted under the Lease;
f. damaging the floor and failing to remove debris from the Premises; and
g. placing tables and chairs on the sidewalk outside of the Premises and stacking
said tables and chairs in common areas.
59. Based upon the averments above, Plaintiff Shelly is in default of the Lease and all of
the above are violations of the Lease.
60. Defendant SterMac has incurred damages as a result of the breaches, including loss
of rent, past due electric bills, and physical damage to the Premises.
WHEREFORE, Defendants demand that Plaintiffs' Complaint is dismissed with prejudice,
judgment is found in their favor and damages, costs of suit and attorney fees are awarded to
Defendants. Further, Defendants demand that this Court should declare Plaintiff Shelly in default
of the Lease, that the Lease is terminated immediately, that Plaintiff Shelly and any subtenants are
ejected from the Premises or the Premises is deemed abandoned and possession given back to
Defendant SterMac, that the balance owed for rent and utilities under the Lease that are or may
become due are awarded to Defendants, and that this Court grant any other relief that is proper.
COUNT II - EJECTMENT
STERMAC, LLC v. MARTHA SHELLY
61. The averments of paragraphs 1 through 60 of this Answer are incorporated herein by
reference.
62. On February 11, 2008, Defendant SterMac provided to Plaintiff Shelly and/or her
attorney of record a Notice to Quit. A true and correct copy of said Notice is attached hereto as
Exhibit "C."
63. Defendant SterMac is entitled to possession of the Premises should Plaintiff Shelly
not vacate in a timely manner and in accordance with the Notice to Quit.
64. In the alternative, it is believed and therefore averred, that Plaintiff Shelly has
abandoned the Premises as of January 21, 2008.
WHEREFORE, Defendants demand that Plaintiffs' Complaint is dismissed with prejudice,
judgment is found in their favor and damages, costs of suit and attorney fees are awarded to
Defendants. Further, Defendants demand that this Court should declare the Plaintiff Shelly in default
of the Lease, that the Lease is terminated immediately, that Plaintiff Shelly and any subtenants are
ejected from the Premises or the Premises is deemed abandoned and possession given back to
Defendant SterMac, that the balance owed for rent and utilities under the Lease that are or may
become due are awarded to Defendants, and that this Court grant any other relief that is proper.
MARTSON LAW OFFICES
By
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
• D$
Date: ? - //
EXHIBIT "A"
Martha's Place
320 E. Louther Street
Carlisle, PA 17013
717-243-0589/FAX: 717-243-1658
14 March 2007
Steve McCarren
DBA SterMac LLC
50 N. Spring Garden St.
Carlisle, PA 17013
This is to notify you that we will not renew the month to month lease for the
second floor at 320 E. Louther Street or enter into any lease agreement for
the area in the future. The lease for the premises wall terminate as of 31
March: the period for which the lease was paid and accepted by you. We
have scheduled a moving crew for 30 and 31 March to remove all of our
furniture and equipment.
As of 2400 hours on the 31" of March, we are not responsible for any heat
or eclectic for the second floor. Your insistence (which we have in writing)
that the second floor heat is not connected to our first floor service is not
true. On 14 March, your electrician Bill Fry finally admitted that the heat is
not on the second floor service due to the inability of the second floor
service to handle the heat and is in fact connected to our first floor service.
Via our attorney, David Baric, we are requesting a detailed explanation of
the electrical system/charges/dates and that the first and second floor
ser)res be separated appropriately as well as the labeling of all breakers.
GMI'Ewink/Shelly Inc.
Cc: D. Baric
EXHIBIT °B"
Apr 25 07 02:38p Steve McCarron 717-241-3022 p.3
,
COMMERCIAL. LEASE
This lease is made between a-c- L lr C_ , herein called Lessor
(Landlord), and • ?- . R , herein called Lessee (Tenant). ?,
Lessee here to lease m Lessor the ises sitnaaed in the City of Cx ?
County of State of described as
upon the following TERMS and CONDITIONS:
1. TERM AND REN ss'br demises the above premises for a term of cars,
on 5-?- 3 % av i 1 (y??
commencing C7G r ?, , a?? !rte ), and terminating
or sooner as pravyued herein at the annual rental of Dollars
($ ) 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 ?s-?-r lam" " .
The premises shall be used for no other purpose. Lessor represen 'the may
lawfully be used for such purpose.
3. CARE AND MAINTENANCE OF PRENGSES. Lessee acimowledges 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 equipment upon the
premises, and shall surrender the same at to mhadon hereof, in as good condition as received,
normal wear and tear excepted. Lessee shall be responsible for all repairs r x#wvd, excepting
the roof, exterior walls, structural foundations, and which shall be maintained by Lessor. Lessee shall also maintain in good condition such portions
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, additions, or improvements, in, to or about the premises.
EXHIBIT "A"
Apr 25 07 02:38p Steve McCarren 717-241-3022 p.4
a
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.
6. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this lease or sublet any
portion of the premises without prior written consent of the Lessor, which shall not be
unreasonably withheld. Any such assignment or subletting without consent shall be void and, at
the option of the Lessor, may terminate this lease.
7. UTILITIES. All applications and connections for necessary utility services on the
demised premises shall be made in the name of Lessee only, and Lessee shall be solely liable for
utility charges as they become due, including those for sewer, water, gas, electricity, and
telephone services.
8. ENTRY AND INSPECTION. Lessee shall permit Lessor or Lessor's agents to enter
upon the premises at reasonable times and upon reasonable notice, for the purpose of inspecting
the same, and will permit Lessor at any time within sixty (60) days prior to the expiration of this
lease, to place upon the premises any usual "To Let" or "For Lease" signs, and permit persons
desiring to lease the same to inspect the premises thereafter.
9. POSSESSION. If Lessor is unable to deliver possession of the premises at the
commencement hereof, Lessor shall not be liable for any damage caused thereby, nor shall this
lease be void or voidable, but Lessee shall not be liable for any rent until possession is delivered.
Lessee may terminate this lease if possession is not delivered within days of the
commencement of the term hereof.
10. INDEMNIFICATION OF LESSOR. Lessor shall not be liable for any damage or injury
to Lessee, or any other person, or to any property, occurring on the demised premises or any part
thereof; and Lessee agrees to hold Lessor harmless from any claim for damages, no matter how
caused.
11. INSURANCE. Lessee, at his expense, shall maintain plate glass and public liability
insurance including bodily injury and property damage insuring Lessee and Lessor with
minimum coverage as follows:
Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional
insured. The Certificate shall provide for a ten-day written notice to Lessor in the event of
cancellation or material change of coverage. To the maximum extent permitted by insurance
policies which may be owned by Lessor or Lessee, Lessee and Lessor, for the benefit of each
other, waive any and all rights of subrogation which might otherwise exist.
12. EMINENT DOMAIN. If the premises or any part thereof or any estate therein, or any
other part of the building materially affecting Lessee's use of the premise, 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 fixtures and improvements owned by Lessee, and for moving expenses.
Apr 25 C7 02:38p Steve McCarren
717-241-3022 p.5
13. DESTRUCTION OF PREMISES. In the event of a partial destruction 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 existing governmental laws and
regulations, but such partial destruction 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 within said silty (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 party. In the event that the building 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 destruction
of the building in which the premises may be situated shall terminate this lease.
14. LESSOR'S REMEDIES ON DEFAULT. If Lessee defaults 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 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 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 shall then quit and surrender the premises to Lessor, but Lessee shall
remain liable as hereinafter provided. If this lease shall have been so terminated by Lessor,
Lessor may at any time thereafter resume possession of the premises by any, lawful means and
remove Lessee or other occupants and their effects. No failure to enforce any term shall be
deemed a waiver.
15. SECURITY DEPOSIT. Lessee shall deposit with Lessor on the signing of this lease the
sum of
Dollars ($ ) as security deposit far the performance of Lessee's obligations under this
lease, including without 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 full
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 above the amount of such taxes
assessed for the tax year during which the term of this lease commences, whether because of
increased rate or valuation, Lessee shall pay to Lesser upon presentation of paid tax bills an
amount equal to % of the increase in 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 term of the lease, the obligation of Lessee shall be proportionate to the portion of the
lease term included in such year.
EXHIBIT "C"
. V?.xRTSON DEARDORFF ILLIAMS OTTO GILROY & FALLER
t.
NIAPTSON
LAW OFFICES
WILLIAM R MARTSON
JOHN B. FowLER III
DANIEL K. DE.kRDORFF
THCIMAS J. WiLLIAMs*
IVO V. OTrO III
HCBERT X. GILROY
GEORGE B. Eu-LER JR.*
DAVID A. FITZSIMONS
CHRISTOPHER E. RICE
JENNIFER L. SPEARS
SETH T. MOSEBEY
TRUDY E. FEHLINGER
KATIE J. MAXWELL
10 EAsF HIGH STRELT
CARLISLE, PENNSYLVANIA 17013
TF,I3:PHONE (717) 243-3341
FAC,sIM1LF, (717) 243-1850
INTERNET www..martsonlaw.com
Ms. Martha Shelly
c/o David A. Baric, Esquire
O'Brien, Baric & Scherer
19 West South Street
'BOARD CERTIFIED Corr. TRIAL SFEcLku f
February 11, 2008
Carlisle, PA 17013
TO: Martha Shelly ("Tenant") c/o David A. Baric, Esquire
RE: Notice to Quit
We hereby give Notice that you are in default of your obligations under the Commercial
Lease ("Lease") with SterMac, LLC ("Landlord"), dated August 14, 2006, for rental space at 320
East Louther Street, Carlisle, Pennsylvania ("Premises"). You have failed to fulfill your obligations
under the written Lease by, among other things, failing to pay rent for the months of January and
February 2008, and failing to reimburse Landlord for the utility bill(s) beginning in December 2007.
It is hereby demanded that you immediately cure the defaults. Failure to do so shall require
the Landlord or its agents to pursue any and all remedies it may have under the Lease or at law with
respect to your tenancy. Nothing contained in this letter shall constitute a waiver as to any rights
Landlord or its agents may have under the Lease or applicable law.
As a result of the foregoing defaults, you are hereby notified that said Lease shall terminate
within 30 days from the date of this letter (or sooner if permitted by law). At or before that time, you
are to deliver possession of the Premises to Landlord. If you fail to do so, legal proceedings will be
instituted against you for the purpose of recovering possession of the Premises as well as monetary
damages, punitive damages, attorney fees and costs.
Very truly yours,
MARTSON LAW OFFICES
Oe-rt C kl(---
Christopher E. Rice
Attorney for SterMac, LLC
CER/mmp
cc: Mr. Steven P. McCarren
Ff,FILES'.Clients\12532.McCa en\12532.Ltm.dbNe-ille,PA17241
INFORMATION 9 ADVICE • ADVOCACY SM
VERIFICATION
The foregoing Answer to Complaint is based upon information which has been gathered by
my counsel in the preparation of the lawsuit. The language of the document is that of counsel and
not my own. I have read the document and to the extent that it is based upon information which I
have given to counsel, it is true and correct to the best of my knowledge, information 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. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
Stephen McCarren
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Answer with New Matter and Counterclaim was served
this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid,
addressed as follows:
David A. Baric, Esquire
O'BRIEN, BARIC & SCHERER
19 West South Street
Carlisle, PA 17013
MARTSON LAW OFFICES
B . ?.
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M . Price
Ten tRfist High Street
Carlisle, PA 17013
(717) 243-3341
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Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARTHA SHELLY and : IN THE COURT OF COMMON PLEAS OF
LINDA EWING, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : NO. 2007-6918 CIVIL TERM
STERMAC, LLC and : CIVIL ACTION - EQUITY
STEVEN McCARREN,
Defendants
DEFENDANTS' RESPONSE TO
PLAINTIFFS' NEW MATTER TO COUNTERCLAIMS
65. Defendants' incorporate their Answer herein.
66. Denied as a conclusions of law.
67. Denied as a conclusions of law.
68. Denied as a conclusion of law.
69. Denied as a conclusion of law.
70. Denied as a conclusion of law.
71. Denied as a conclusion of law. By way of further response, Defendants have failed
to pay rents due in January and February 2008.
72. Denied as a conclusion of law.
73. Denied as a conclusion of law.
74. Denied as a conclusion of law.
75. Denied as a conclusion of law.
76. Denied as a conclusion of law.
WHEREFORE, Defendants request that Plaintiffs' New Matter to Counterclaims be
dismissed.
Date: - ,
MARTSON LAW OFFICES
By C?? S r?
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy &
Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing
same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
David A. Baric, Esquire
O'BRIEN, BARIC & SCHERER
19 West South Street
Carlisle, PA 17013
MARTSON LAW OFFICES
By_ /jA/vj
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M . Price
Ten ast High Street
Carlisle, PA 17013
(717) 243-3341
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MARTHA SHELLY and : IN THE COURT OF COMMON PLEAS OF
LINDA EWING, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : NO. 2007-6918 CIVIL TERM
STERMAC, LLC and
STEVEN McCARREN, : CIVIL ACTION - EQUITY
Defendants
NOTICE TO PLEAD
TO: Christopher E. Rice, Esquire
MARTSON, DEARDORFF, WILLIAMS & OTTO
10 East High Street
Carlisle, PA 17013
Attorney for Defendants
You are hereby notified that you have twenty (20) days in which to plead to the enclosed
New Matter or a Default Judgment may be entered against you.
O'BRIEN, BARIC & SCHERER
David A. Baric, Esquire
I.D. No. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiffs
Date: February 28, 2008
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6918 CIVIL TERM
STERMAC, LLC and
STEVEN McCARREN, : CIVIL ACTION - EQUITY
Defendants
REPLY TO NEW MATTER
AND NOW, come Martha Shelly and Linda Ewing, by and through their attorneys,
O'BRIEN, BARIC & SCHERER, and file the within Reply to New Matter, Answer to
Counterclaims, and New Matter and, in support thereof, set forth the following:
48. Plaintiffs incorporate Paragraphs one (1) through forty-seven (47) of their
Complaint as though set forth at length.
49. The averments contained in this paragraph are conclusions of law to which no.
response is required and they are, therefore, denied.
50. Denied. See Plaintiffs' Complaint, Paragraphs sixteen (16) through nineteen (19)
and Plaintiffs' Exhibits B, C, and D, all of which are incorporated by reference.
51. The averments contained in this paragraph are conclusions of law to which no
response is required. To the extent a response is required, the averment is denied.
52. Denied as stated. The improvements increased the overall value of the property.
53. Denied. To the contrary, Count III of Plaintiffs' Complaint sets forth a legally
congnizable claim.
54. Denied. See Plaintiffs' Exhibits B, C, and D, all of which include Plaintiff Ewing
as a parry thereto and tenant thereof, and all of which are incorporated by reference.
WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in favor of
Plaintiffs and against Defendants as prayed for in Plaintiffs' Complaint.
ANSWER TO COUNTERCLAIM
COUNT I - BREACH OF CONTRACT
STERMAC, LLC v. MARTHA SHELLY
55. Plaintiffs incorporate Paragraphs one (1) through forty-seven (47) of their
Complaint and Paragraphs forty-eight (48) through fifty-four (54) of their Reply to New Matter.
56. Denied as stated. Plaintiffs' Exhibit A contains the whole agreement and does not
represent a "portion" thereof.
57. Denied as stated. The Lease speaks for itself.
58. Denied.
a. Denied.
b. Denied.
C. Denied.
d. Denied.
e. Denied.
f. Denied.
g. Denied.
59. Denied. To the contrary, Defendants defaulted on the Lease as set forth in
Plaintiffs' Complaint.
60. Denied. To the contrary, Plaintiffs have made improvements to the Property that
have benefitted Defendants for which Defendants have not compensated Plaintiffs.
WHEREFORE, Plaintiffs respectfully request that this Court dismiss Count I of
Defendants' Counterclaims and enter judgment in favor of Plaintiffs and against Defendants as
prayed for in Plaintiffs' Complaint.
ANSWER TO COUNTERCLAIM
COUNT I - EJECTMENT
STERMAC. LLC v. MARTHA SHELLY
61. Plaintiffs incorporate Paragraphs one (1) through forty-seven (47) of their
Complaint, Paragraphs forty-eight (48) through fifty-four (54) of their Reply to New Matter, and
Paragraphs fifty-five (55) through sixty (60) of their Answer.
62. Admitted.
63. The averments contained in this paragraph are conclusions of law to which no
response is required and they are, therefore, denied.
64. Denied as stated.
WHEREFORE, Plaintiffs respectfully request that this Court dismiss Count II of
Defendants' Counterclaims and enter judgment in favor of Plaintiffs and against Defendants as
prayed for in Plaintiffs' Complaint.
NEW MATTER TO COUNTERCLAIMS
COUNTS I, II
STERMAC, LLC v. MARTHA SHELLY
65. Plaintiffs incorporate Paragraphs one (1) through forty-seven (47) of their
Complaint, Paragraphs forty-eight (48) through fifty-four (54) of their Reply to New Matter, and
Paragraphs fifty-five (55) through sixty-four (64) of their Answer.
66. Defendants' counterclaims are barred by consent.
67. Defendants' counterclaims are barred by estoppel.
68. Defendants' counterclaims are barred for lack of consideration.
69. Defendants' counterclaims are barred by justification.
70. Defendants' counterclaims are barred by laches.
71. Defendants' counterclaims are barred by payment.
72. Defendants' counterclaims are barred by release.
73. Defendants' counterclaims are barred the statute of limitations.
74. Defendants' counterclaims are fail to state a viable claim.
75. The claims against Plaintiffs are barred in whole or in part because of the actions
and/or conduct of Defendants.
76. Defendants' counterclaims fail to state an action upon which relief can be granted.
WHEREFORE, Plaintiffs respectfully request that this Court dismiss Counts I and lI of
Defendants' Counterclaims and enter judgment in favor of Plaintiffs and against Defendants as
prayed for in Plaintiffs' Complaint.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
David A. Baric, Esquire
I.D. No. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiffs
VERIFICATION
I verify that the statements made in the foregoing Reply To New Matter are true and
correct to the best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to
authorities.
David A. Baric, Esquire
DATED: February 28, 2008
CERTIFICATE OF SERVICE
I, David A. Baric, Esquire, of O'BRIEN, BARIC & SCHERER, hereby certify that on
February 28, 2008, I sent a copy of Plantiffs' Reply to New Matter, Answer to Counterclaims,
and New Matter by first class, U.S. mail, postage prepaid, to the party listed below as follows:
Christopher E. Rice, Esquire
MARTSON, DEARDORFF, WILLIAMS & OTTO
10 East High Street
Carlisle, PA 17013
Attorney for Defendants
David A. Baric, Esquire
Attorney for Plaintiffs
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MARTHA SHELLY and
LINDA SWING,
Plaintiffs
STERMAC, LLC
RULE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 6918 Civil 20 07
The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO HONORABLE, THE JUDGES OF SAID COURT:
Chris opher E. Rice, Esquire counsel for the plamtifVdefendant in the above
action ( r actions), respectfully represents that:
1. a above-captioned action (or actions) is (are) at issue.
2. a claim of plaintiff in the action is S 10,037.82
e counterclaim of the defendant in the action is less than $50,000.00
The foll g attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitra ors:
0' rien Baric & Scherer, attorneys for Plaintiffs
WHERE ORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom th case shall be submitted.
Respectfidly submitted,
MARTSO LA OFFICES
By : V-?l 5. iz---
Christopher E. Rice
ORDER OF COURT
petition, _
Esq., and
captioned
NOW, .200 , in consideration of the foregoing
Esq., and
(or actions) as prayed for.
Esq., are appointed arbitrators in the above
By the Court,
nd STEVEN McCARREN
Defendants
EDGAR B. BAYLEY
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MARTHA SHELLY and
LINDA EWING,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v' No. 6918 Civil 2007
STERMAC, LLC and STEVEN McCARREN
Defendants
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Christopher E. Rice, Esquire , counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
`
2. The claim of plaintiff in the action is $ 10,037.82
The counterclaim of the defendant in the action is less than $50,000.00
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
O'Brien Baric & Scherer, attorneys for Plaintiffs
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
MARTSO LA. OFFICES
By : VI ',',a 5. k --r
Christopher E. Rice
ORDER OF COURT
AND NOW, 200 , in consideration of the foregoing
petition, Esq., and UKA? 12
Esq., an d tt- Esq., are ppoin d arbitrators in the a ove
captioned action (or actions) as pray for.
By feourt,
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MARTHA SHELLY, et al., COURT OF COMMON PLEAS OF
PLAINTIFFS CUMBERLAND COUNTY, PENNSYLVANIA
V.
STERMAC, LLE, et al.,
DEFENDANTS 07-6918 CIVIL TERM
ORDER OF COURT
AND NOW, this '_2-'N, day of April, 2008, the appointment of Jerry Weigle,
Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED.
Joseph P. Ruane, Esquire, is appointed in his place.
-" Taylor Andrews, Esquire
Chairman
'Joseph P. Ruane, Esquire
Court Administrator -
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Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No .-2b7 - (' 14?
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Civil Action -4*w.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fideli
S, tur
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_a ld t /414L4V)5
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Name (Chairman) / Name
Law Finfi• '
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Address
Law Firm
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We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damag for delay are awarded, tthqy shall be separately stated.)
GUt -r'i?? eK ?ajmr a-P P[;,.,t4tgQ; ,L144A, S? e-Xy 4c4c(
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[ Cdt1k frt+) rr( 2 aaeo/cf (Insert name if applicable
Date of Hearing:
(Chairman)
Date of Award:
Notice of
Now, the day of 20jat_, at 2:IS , P M., the above award was
entered upon the doc et and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensa on to be paid upon appeal: $ 3 5L1, QQ
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Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARTHA SHELLY and : IN THE COURT OF COMMON PLEAS OF
LINDA EWING, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : NO. 2007-6918 CIVIL TERM
STERMAC, LLC and : CIVIL ACTION - EQUITY
STEVEN McCARREN,
Defendants
PRAECIPE
Please enter judgment on the Arbitrators' award entered on June 27, 2008, in the above-
captioned matter in favor of Defendant SterMac, LLC, and against Plaintiff Martha Shelly in the
amount of $50,000.00.
MARTSON LAW OFFICES
Date: 5-/- 09
By. (2Z1,11
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Christopher E. Rice, Esquire
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
V
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
David A. Baric, Esquire
O'BRIEN, BARIC & SCHERER
19 West South Street
Carlisle, PA 17013
MARTSON LAW OFFICES
By:
M . Price
Ten st High Street
Carlisle, PA 17013
(717) 243-3341
Dated: /?a?
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Respectfully submitted,
O' RI ,11A C & R
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
NO. 2007-6918 CIVIL TERM
CIVIL ACTION - EQUITY
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment on the arbitrators' award entered on June 27, 2008, in the above-
captioned matter in favor of Plaintiffs, Martha Shelly and Linda Ewing and against Defendant,
SterMac, LLC in the amount of $10,037.82.
CERTIFICATE OF SERVICE
I hereby certify that on August la , 2008, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of a Praecipe, by first class U.S. mail, postage prepaid, to the party listed
below, as follows:
Christopher Rice, Esquire
Martson Law Office
Ten East High Street
Carlisle, Pennsylvania 17013
David A. Baric, Esquire
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Created: 9/20104 0:06PM
Revised: 3/27109 11:50AM
7837.158
Christopher E. Rice, Esquire
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2007-6918 CIVIL TERM
: CIVIL ACTION - EQUITY
DEFENDANT STERMAC LLVS MOTION TO COMPEL ANSWERS TO
INTERROGATORIES
AND NOW, comes Defendant Stermac, LLC, by and through its attorneys, MARTSON
DEARDORFF WILLIAMS OTTO GILROY & FALLER, and moves this Honorable Court to
compel Answers to Interrogatories directed to Plaintiff Martha Shelly:
This case arises from a commercial lease dispute between Martha Shelly and Stermac,
LLC, which resulted in a judgment for Defendant Stermac, LLC, against Plaintiff Martha Shelly in
the amount of $50,000.00.
2. The aforementioned judgment was the result of an arbitrators' award, and was entered
into the Cumberland County judgment index on August 1, 2008.
3. In an effort to execute the aforementioned judgment against Plaintiff Martha Shelly,
Defendant served Interrogatories on Plaintiff Martha Shelly's counsel on December 18, 2008. A
copy of the Interrogatories are attached hereto as Exhibit "A."
4. Thereafter, Defendant's counsel requested that the discovery be returned on numerous
occasions.
5. At some time after March 5, 2009, it was discovered by Defendant's counsel that
assets were being transferred to Linda Ewing and Plaintiff Martha Shelly's son, Donald Marinkov.
6. Defendant's counsel believes that such transfer is subject to Defendant's Judgment,
and that such transfer appears to be for the fraudulent purpose of hiding assets from Defendant's
impending execution.
7. Due to the transfer of assets subject to Defendant's judgment, Defendant's counsel
revoked any extension previously granted, and demanded responses to discovery immediately.
8. To date, no answers to Interrogatories have been filed.
9. Plaintiff has violated Pa. R.Civ.P. 4006 by failing to respond to Defendant's
Interrogatories.
10. No Cumberland County Court of Common Pleas Judge has been assigned to this case
nor made a ruling thereon.
WHEREFORE, Defendant Stermac, LLC, requests this Honorable Court to set a deadline
for Plaintiff Martha Shelly to answer the Interrogatories or suffer sanctions.
MARTSON LAW OFFICES
(2F- r
sY•
Christopher E. Rice, Esquire
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
Ten East High Street
Carlisle, PA 17013
g (717) 243-3341
Dated: Attorneys for Defendants
EXHIBIT °°A"
4
It
F TILFS'.Clients,l_'532 McCarren\12532.1.interrog
Christopher E. Rice, Esquire
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
: NO. 2007-6918 CIVIL TERM
CIVIL ACTION - EQUITY
DEFENDANT STERMAC LLC'S INTERROGATORIES DIRECTED AT PLAINTIFF
MARTHA SHELLY
Enclosed are Interrogatories propounded by Defendants to be answered under oath by the
aforesaid Plaintiffs pursuant to Pa. R.C.P. No. 4005, within thirty (30) days from the date of service
hereof. A copy of said Answers shall be served upon counsel for Defendants at the address below.
These Interrogatories shall be deemed to be continuing Interrogatories and if, between the
time of your Answers to said Interrogatories and the time of the full satisfaction of Defendant's
judgment in this case, you or anyone acting in your behalf learn of any further information not
contained in your said Answers, you shall promptly furnish said information to the undersigned by
supplemental answers.
As used herein, the word "you" or "your" includes your attorneys, representatives, insurers,
and all others purporting to act on your behalf.
t
i
It is hereby certified that a true and correct copy of these Interrogatories was mailed to
counsel for the Plaintiff Martha Shelly on this date by the undersigned.
MARTSON LAW OFFICES
By: OC4 S /11-11-
Christopher E. Rice, Esquire
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: Attorneys for Defendants
Interrogatory No. 1
Are you presently employed (Full and part-time employment included)? If so, state fully for
each employment:
a. The full name, address, and telphone number of your place of employment;
b. The date you commenced your employment;
C. Your job title or position;
d. Describe any written or oral employment contracts (if written, please attach).
Answer:
t
Interrogatory No. 2
a. Attach proof of earnings from each employment (e.g. payroll stubs) for the past
six months.
b. Please state the number of hours per week or month that you normally work at
each place of employment. If in excess of forty hours per week, state your hourly rate for
overtime compensation, and state the number of overtime hours you have worked in the past
twelve months.
Answer:
Interrogatory No. 3
Are you entitled to receive any bonuses? If so, state the amount of each bonus or amount
you are entitled to receive, and detail when you expect to receive such. Summarize the terms of
the bonus arrangement, including how the bonus was or is to be calculated.
Answer:
Interrogatory No. 4
Are you entitled to receive any deferred compensation by reason of your present or past
employment? If so, please state the nature and amount of deferred compensation, and when you
anticipate receiving such deferred compensation. If the answer is in the affirmative, kindly
provide documentation of the deferred compensation plan.
Answer:
Interrogatory No. 5
a. Do you have any interest in any qualified or unqualified deferred compensation
arrangement or retirement program, including, but not limited to, IRA, Keogh Plan, 401(k) Plan,
military retirement, savings plan, annuity benefits, retirement plan, pension plan, profit sharing
plan, stock bonus plan, stock option plan, thrift plan, defined benefit, defined contribution plan
with your present or previous employer (excluding social security benefits) , or any other tax
sheltered plan or account? If so, please state the name and type of the retirement plan and/or tax
sheltered account.
b. Have you elected to receive proceeds from any retirement plan(s) as set forth in
subsection (a) above? If so, when will you receive those proceeds?
C. Have you borrowed against any of the aforementioned retirement plans? If so,
please detail with dates and amounts of such borrowing.
d. Have you taken any action to delay the receipt of retirement benefits? If so, please
detail.
Answer:
Interrogatory No. 6
a. Do you own your home? If so, state:
(1) the remaining balance owed on any mortgages; and
(2) the estimated market value of your home.
(3) your interest in the home.
b. What liens, if any, exist against your home? If any, state:
(1) The holder of each lien;
(2) The amount of each lien.
Answer:
Interrogatory No. 7
Do you hold, either exclusively or jointly with others, any interest in real property in
addition to your home? If so, state:
a. The location of each property;
b. The estimated market value of each property;
The amount of any mortgages, liens or other encumbrances on each property, and
the name of each person who holds such encumbrances; and
d. The names of persons who jointly own each property with you, and the amount or
share of their interest in each property.
Interrogatory No. 8
a. Does any business or individual or other entity owe you any money, whether
resulting from loan, undistributed profit, dividend, or other form of credit, to which you are now
entitled or will be entitled in the future? If so, on what date(s) will you become entitled to receive
payments?
Answer:
Interrogatory No. 9
Are you the owner, individually or with others, of any interest in any securities, or in any
mutual fund, including but not limited to, stock funds, money market funds, bonds, municipal
bond funds, gold funds, etc.? If so, please state:
a. Names of brokerage companies or institutions managing or holding such interests;
b. Account numbers for all accounts held with such companies or institutions;
C. Present value of securities, funds, etc., held with each company or institution;
d. All contributions and/or deposits made with each company or institution in the
past six months;
e. Please attach copies of all statements for the past six months for each account
identified herein.
Answer:
Interrogatory No. 10
List all banks, savings and loans, credit unions, and financial institutions in which you
individually, or jointly with another, have an account in which funds are held or upon which you
have signature, including but not limited to checking accounts, savings accounts, etc. For each
such account, please state:
a. Account number;
b. Name of the financial institution each account is held with;
C. Present balance of each account; and
d. Attach all statements for the past six months.
Answer:
Interrogatory No. 11
Do you own, individually or jointly with another, any certificates of deposit, treasury
notes, or other depository receipt of any kind? If so, please state:
a. The names that such documents are registered to;
b. The current face value of each instrument;
C. The maturity date for each instrument;
d. The location of each instrument;
Answer:
Interrogatory No. 12
In the past year, have there been any accounts at a savings or commercial banking
institution, brokerage fine, or any other type of financial institution, on which your name did not
appear, but in which you deposited any funds? If so, please designate by account number and
name of financial institution, and indicate the name(s) under which the account is listed.
Answer:
Interrogatory No. 13
Do you now maintain and/or have access to a safe deposit box? If so, please detail its
location and contents.
Answer:
Interrogatory No. 14
Does any person, firm, or business entity hold any property for your benefit that you have
not disclosed elsewhere in these interrogatories?
Answer:
Interrogatory No. 15
Please estimate the current market value of your household contents including, but not
limited to, furnishings, personal effects, or other personal property.
Answer:
Interrogatory No. 16
a. Do you have an ownership in any furs, gold, diamonds, or other precious gems or
metals or jewelry? If so, please describe each item and state its current market value.
b. Do you have an interest in any artwork? If so, please describe each item and state
its current value.
Answer:
i
Interrogatory No. 17
Do you have any interest in a stamp, coin, wine, toy, sports memorabilia, weapon, vintage
automobile, or other collection not described in your answer to these Interrogatories? If so, please
describe the type of collection.
Answer:
t
Interrogatory No. 18
Do you expect to receive anything of value from any source, including, but not limited to,
gifts, judgments, settlements, litigation, devise, bequest, legacies, insurance proceeds, loans,
dividends, or interest, not previously set forth in these interrogatories? If so, state:
a. Expected source of fund or property;
b. Reason for receipt;
C. Amount expected to receive;
d. Expected time of receipt;
Answer:
t
Interrogatory No. 19
State the aggregate amount of your cash on hand or in safekeeping, exclusive of savin s
and checking accounts in banks or savings institutions, and the location of that cash. g
Answer:
4
Interrogatory No. 20
In the past two years, have you prepared or had prepared any tax returns, records,
accounts, journals, or similar documents showing income, expenses, assets, or liabilities? If so,
describe each record and state the name and address of the person having present custody of the
record. Also, include a copy of such records with your response.
Answer:
t
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Interrogatories was served this date by depositing same
in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
David A. Baric, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
MARTSON LAW OFFICES
By: ' ?a ;,w,&
M Price
Ten E, I
t High Street
Carlisle, PA 17013
Dated: ?? D (717) 243-3341
A `
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy &
Faller, hereby certify that a copy of the foregoing Interrogatories was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
David A. Baric, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
Dated: 310?, 9p 7
MARTSON LAW OFFICES
By:
Mar Price
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
f
i
i
tY?
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
STERMAC, LLC and
STEVEN MCCARREN,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6918 CIVIL TERM
CIVIL ACTION-EQUITY
MOTION TO WITHDRAW
NOW, comes David A. Baric, Esquire, attorney for the Plaintiffs in the above matter and
sets forth the following in support of this motion to withdraw as counsel:
1. Plaintiff, Martha Shelly has informed undersigned counsel in writing that she no
longer require the assistance of undersigned counsel in this matter.
2. No judge has ruled on this matter.
3. Defendants are represented by Christopher Rice, Esquire. Attorney Rice was
contacted and he does not concur with undersigned counsel's request to withdrawal.
4. An arbitration was conducted of this matter. The arbitrators entered an award in
favor of Defendants, SterMac, LLC against Martha Shelly only.
5. No appeal of the arbitration decision was filed by any party. Consequently, the
Plaintiff, Linda Ewing is no longer an active participant in this litigation.
6. Plaintiff, Martha Shelly has informed undersigned counsel to terminate
representation of her in this matter.
WHEREFORE, counsel for Plaintiffs respectfully requests that he be permitted to
withdrawal as counsel of record for Plaintiffs.
Respectfully submitted,
O' EN, PA & SC R
1
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dir/litigation/ewing/mccarren/withdraw.mot
CERTIFICATE OF SERVICE
I hereby certify that on March ?7 , 2009, I, David A. Baric, Esquire of O'Brien,
Baric & Scherer, did serve a copy of the Motion To Withdraw, by first class U.S. mail, postage
prepaid, to the parties listed below, as follows:
Martha Shelly
Linda Ewing
447 Wileman Road
Lynch Station, Virginia 24571
Christopher Rice, Esquire
Martson Law Office
10 East High Street
Carlisle, Pennsylvania 17013
David A. Baric, Esquire
r•.
?~ ? :.? 7
"=?^ ?.?
'.
?? 4__.
-,
'";-r
,?
? ...,
MARTHA SHELLY and IN THE COURT OF COMMON PLEAS OF
LINDA EWING, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. CIVIL ACTION - LAW
ST ERMAC, LLC and
STEVEN McCARREN,
Defendants NO. 07-6918 CIVIL TERM
ORDER OF COURT
AND NOW, this 31St day of March, 2009, upon consideration of Defendant
Stermac, LLC's Motion To Compel Answers to Interrogatories, a Rule is hereby issued
upon Plaintiffs to show cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days from the date of this order.
v /David A. Baric, Esq.
19 West South Street
Carlisle, PA 17013
Attorney for Plaintiffs
Z Christopher E. Rice, Esq.
Jacob M. Theis, Esq.
10 East High Street
Carlisle, PA 17013
Attorneys for Defendants
:rc
t,ez.
ti/11ag
BY THE COURT,
'w
MAR 3 0 2000 6i 1
MARTHA SHELLY and IN THE COURT OF COMMON PLEAS OF
LINDA EWING, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. NO. 2007-6918 CIVIL TERM
CIVIL ACTION-EQUITY
STERMAC, LLC and
STEVEN MCCARREN,
Defendants.
ORDER OF COURT
AND NOW, this 10-Nay of M22 L L , 2009, upon consider tion of the
within Motion To Withdraw, a rule is hereby entered, to show cause, if any there be, why David
A.
A. Baric, Esquire should not be permitted to withdraw as counsel for the Plaintiffs, Martha
Shelly and Linda Ewing.
Said rule returnable within days. ,r
BY THE COURT,
11 ?? L) .
'b.9,+ ° ° 1
F:AFILESVClients\12532 MXC enA12532.1.response2
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
and
LINDA M. EWING and DONALD G
MARINKOV,
Terre-tenants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6918 CIVIL TERM
CIVIL ACTION - EQUITY
RESPONSE TO PLAINTIFFS' MOTION TO WITHDRAW
1. Plaintiffs filed an action against Defendants on November 16, 2007.
2. Defendants filed an Answer on February 11, 2008.
3. Thereafter, an arbitration was held on June 27, 2008.
4. As a result of the arbitration, Defendant Stermac, LLC, was awarded $50,000 against
Martha Shelly and judgment was entered against Martha Shelly on this arbitration award on August
8, 2008.
5. In addition, judgment was entered in favor of Martha Shelly and Linda Ewing and
against Stermac, LLC, in the amount of $10,037.82. This arbitration award was entered as a
judgment on August 1, 2008.
6. Thereafter, Plaintiffs and Defendant Stermac, LLC, agreed that payments would be
made by Plaintiff, Martha Shelly, in the amount of $100.00 per month to Stermac, LLC, until she
sold her real property. Once the real property sold, Plaintiff, Martha Shelly, agreed to pay
Defendant, Stermac, LLC, in full.
7. From February 2009 through March 2009, Plaintiffs sold two properties without
notifying Defendant SterMac, LLC, and without satisfying the judgment, in what is believed to be
a fraudulent conveyance to hide assets from a creditor.
8. Throughout this time, Attorney Baric has represented the Plaintiffs through these
negotiations and handled responding to discovery requests.
9. Defendant SterMac, LLC, forwarded discovery to Plaintiffs on December 18, 2008,
and Attorney Baric represented that the discovery would be forthcoming and received no later than
March 31, 2009.
10. On or about March 27, 2009, Defendant, SterMac, LLC, discovered that Plaintiff,
Martha Shelly, sold her properties as indicated above.
11. Attorney Baric was immediately notified of the real estate sales.
12. It is Defendant SterMac, LLC's, belief that the actions of Plaintiffs were to hide assets
from creditors and leave the Commonwealth of Pennsylvania by removing all ties to the state.
13. If Attorney Baric is permitted to withdrawal from this case, Defendant SterMac, LLC,
will be prejudiced because of the actions above.
14. Further, Attorney Baric represented that discovery was going to be returned to
Defendant SterMac, LLC, by the end of March, 2009, the same time that he filed the Motion to
Withdrawal, and depositions are scheduled for both Plaintiffs.
15. Since depositions are scheduled for April 15, 2009, a delay in the depositions will
surely prejudice Defendant SterMac, LLC, as it is attempting to locate assets of Plaintiff, Martha
Shelly, before she is able to dispose of the same.
WHEREFORE, Defendant SterMac, LLC, requests that the Motion to Withdrawal be denied.
MARTSON LAW OFFICES
By: ?-
Christopher E. Rice, Esquire
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
,el Date: l? -D ?/ Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Response was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
David A. Baric, Esquire
O'BRIEN, BARIC & SCHERER
19 West South Street
Carlisle, PA 17013
Mr. Donald Marinkov
447 Wileman Road
Lynch Station, VA 24571
MARTSON LAW OFFICES
do .) I .
By:
M#04. Price
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 7 - 6 - 6/
OF THE PR 5 ; X111" T)kgY
ZJ99 AIPR -6 F1' ,.' 8
s ?,
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
STERMAC, LLC and
STEVEN MCCARREN,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6918 CIVIL TERM
CIVIL ACTION-EQUITY
MOTION FOR PROTECTIVE ORDER
PURSUANT TO Pa.R.C.P. 4012
NOW, comes David A. Baric, Esquire, attorney for the Plaintiff, Martha Shelly in the
above matter and sets forth the following in support of this motion to withdraw as counsel:
1. Counsel for Martha Shelly has filed a Motion To Withdraw his representation of
Martha Shelly.
2. A copy of the Motion To Withdraw has been served upon counsel for SterMac.
3. Counsel for SterMac has, unilaterally and without contacting counsel for Martha
Shelly sought to set depositions of Martha Shelly and Linda Ewing for April 14, 2009 by notices
of depositions dated March 25, 2009.
4. Counsel for Martha Shelly seeks a protective order from this Court which would
prohibit further discovery by counsel for SterMac until such time as the Motion To Withdraw has
been resolved and Martha Shelly has been granted sufficient time to obtain counsel to represent
her in this instant matter.
5. No judge has ruled on this matter.
6. Defendants are represented by Christopher Rice, Esquire. Attorney Rice was
contacted and he does not concur with undersigned counsel's motion.
WHEREFORE, Martha Shelly respectfully requests this Court issue a Protective Order
prohibiting further discovery in this matter until the Motion To Withdraw has been resolved and
she has been given a reasonable period of time to obtain replacement counsel.
Respectfully submitted,
E& C R
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
da b.dir/litigation/ewing/mcca rren/protectiveorder. mot
CERTIFICATE OF SERVICE
I hereby certify that on April 7 , 2009, I, David A. Baric, Esquire of O'Brien, Baric
& Scherer, did serve a copy of the Motion For Protective Order Pursuant To Pa.R.C.P. 4012, by
first class U.S. mail, postage prepaid, to the parties listed below, as follows:
Martha Shelly
Linda Ewing
447 Wileman Road
Lynch Station, Virginia 24571
Christopher Rice, Esquire
Martson Law Office
10 East High Street
Carlisle, Pennsylvania 17
David A. Baric, Esquire
-ratx°
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FAFILES\Clients\12532 McCann\12532.I.as
Christopher E. Rice, Esquire
MARTSON DEARDORFF W
MARTSON LAW OFFICES
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
OTTO GILROY & FALLER
MARTHA SHELLY and
LINDA EWING,
STERMAC, LLC and
STEVEN McCARREN,
and
LINDA M. EWING and
MARINKOV,
V.
AFFIDAVIT OF SERVICE
Attached are the Post
Marinkov.
return receipts signed by Martha Shelly, Linda Ewing and Donald
MARTSON LAW OFFICES
By Cu-
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
COMMONWEALTH OF
COUNTY OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ffs
NO. 2007-6918 CIVIL TERM
CIVIL ACTION - EQUITY
G.
VANIA )
SS.
I hereby certify that a opy of the Writ of Revival in the above captioned matter was mailed to
Martha K. Shelly, Linda Ewing, and Donald Marinkov, 447 Wileman Road, Lynch Station, VA 24571, by
certified mail, restricted delive , return receipt requested.
Sworn to and subscribed
before me this _ day
I J11 ) LA
N
April, 2009. COMMONWEALTH OF PENNSYLVANIA
Notarial Seel
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---- - -------- ----------------
J
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy o the foregoing Certificate of Service was served this date by depositing
same in the Post Office at arlisle, PA, first class mail, postage prepaid, addressed as follows:
Ms. Martha K. Shelly
447 Wileman Road
Lynch Station, VA 24571
Ms. Linda Ewing
447 Wileman Road
Lynch Station, VA 24571
Mr. Donald Marinkov
447 Wileman Road
Lynch Station, VA 24571
David A. Baric, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
MARTSON LAW OFFICES
By
M Price
Ten E t High Street
Carlisle, PA 17013
(717) 243-3341
Dated: L11 q 1P f
I lv
2#229 APR -9 AM l l• 18
CUMBE L 0 GCJW
PENNISYLVANA
MARTHA SHELLY and
LINDA EWING,
V.
STERMAC, LLC and
STEVEN MCCARREN,
AND NOW, this
within Motion For Protective
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6918 CIVIL TERM
CIVIL ACTION-EQUITY
ORDER OF COURT
day of e , 2009, upon consideration of f the 1
%SSti+c?tl, o pop D g?t5
)rder Pursuant To Pa.R.C.P. 4012, a rule is hereby ontend, to
show cause, if any there be, a rotective Order should not be granted in this matter.
Said rule returnable thin -l () days. j f ? e- CU e O7 A I s 0) d Cl
_1*6
BY THE COURT,
P 4VAIASNN9
R :8 WV ? 1 NdV 60OZ
MIVIQNOHIO d aHl JO
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APR 0 .7 20090
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
IN THE COURT OF COMMON' PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6918 CIVIL TERM
STERMAC, LLC and
STEVEN McCARREN,
Defendants
and
LINDA M. EWING and DONALD G.
MARINKOV,
Terre-tenants
CIVIL ACTION - EQUITY
ORDER OF COURT ?-
rwa lr a1?
Ar NOW, this day of April, 2009, it is hereby Ordered that the Plaintiffs'
1`Moti" to Withdraw is Deftied. G-t 2J7tt-d
Distribution:
vid A. Baric, Esquire
Attorneys for Plaintiffs
/hristopher E. Rice, Esquire
Attorneys for Defendants
!,'onald G. Marinkov
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F.\FILEWfients\12532 McCarren\12532.1.response3
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
and
LINDA M. EWING and DONALD G
MARINKOV,
Terre-tenants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6918 CIVIL TERM
: CIVIL ACTION - EQUITY
RESPONSE TO MOTION FOR PROTECTIVE ORDER
1. On numerous occasions, Defendant SterMac's counsel contacted counsel for Plaintiff
Martha Shelly to obtain discovery.
2. Plaintiff Martha Shelly's counsel failed to respond to the first two reminders that
discovery was past due, and thereafter, finally represented that the discovery would be returned in
a timely manner, but no later than the end of March, 2009. To date, such discovery has not been
returned.
3. Defendant Stermac's counsel later discovered that fraudulent transfers had occurred
in an effort to hide assets from creditors such as Defendant SterMac.
4. The fraudulent transfers were the direct actions of Plaintiff Martha Shelly.
5. Thereafter, counsel for Plaintiff Martha Shelly requested permission to withdraw and
this Court granted the same.
6. This Protective Order remains open and is believed to be filed so that Plaintiffs'
counsel could withdraw prior to the depositions.
7. In addition, depositions were scheduled on April 14, 2009, and notices were properly
served on Plaintiffs' counsel on or about March 25, 2009, for the depositions of both Plaintiffs.
8. Plaintiffs failed to attend the deposition or notify Defendants' counsel that Plaintiffs
were not going to attend the same even after Plaintiffs counsel was informed on the day of the
depositions that the depositions were still scheduled.
9. Defendant SterMac currently has a Motion to Compel before this Court.
10. Defendant SterMac believes that time is of the essence and that discovery responses
and depositions are necessary and essential to protect its rights as a creditor.
11. Defendant SterMac's counsel also requests reasonable attorney fees in the amount
of $100.00 and costs for the court reporter in the amount of $65.00, which fees and costs were
incurred because of Plaintiffs failure to attend the depositions that were scheduled on April 14, 2009.
12. Plaintiffs have moved from the area and now currently reside out of state.
13. Plaintiff Martha Shelley is attempting to hide assets from Defendant SterMac, who
is a creditor in the above-captioned action.
14. Defendant SterMac has filed a writ of revival naming Plaintiff Martha Shelley's son,
Donald G. Marinkov, as a terra-tenant, since one of Plaintiff's assets was transferred to him for no
or nominal consideration.
WHEREFORE, Defendant SterMac requests that this Court deny the Protective Order as the
Motion to Withdraw has been resolved and Plaintiffs have made no effort to respond to discovery
since December 2008. In addition, the Motion to Compel that is currently before the Court should
be granted and Defendant SterMac should be awarded the requested fees and costs, as stated above.
MARTSON LAW OFFICES
By: (3, "00 S .
Christopher E. Rice, Esquire
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: y? /- D Attorneys for Defendants
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Response was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Ms. Martha Shelly
447 Wileman Road
Lynch Station, VA 24571
Ms. Linda Ewing
447 Wileman Road
Lynch Station, VA 24571
Mr. Donald Marinkov
447 Wileman Road
Lynch Station, VA 24571
MARTSON LAW OFFICES
"4.,0,
By: AW4) (7
M Price
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: V)"U / D 7
RLED-Q-'RAE
OF THE PS T` OINIOTARY
2039 APP 20 AM 10: 59
CUP ; ? _
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
and
LINDA M. EWING and
DONALD G. MARINKOV, :
Terre-tenants NO. 07-6918 CIVIL TERM
IN RE: PLAINTIFF'S MOTION FOR PROTECTIVE ORDER
AND NOW, this 28`h day of April, 2009, upon consideration of Plaintiffs Motion
for Protective Order Pursuant to Pa. R.C.P. 4012, and the withdrawal of Plaintiffs'
counsel having been granted as of April 14, 2009, the previously filed request of
Plaintiffs for protection from discovery is denied.
BY THE COURT,
J.
/MS. Martha Shelly
447 Wileman Road
Lynch Station, VA 24571
/Ms. Linda Ewing
447 Wileman Road
Lynch Station, VA 24571
Plaintiffs, pro Se
1 :1114V 6Z J V 6CH
t; 3 Hi 0
'T 711
? Donald Marinkov
447 Wileman Road
Lynch Station, VA 24571
Terre-tenant
? Christopher E. Rice, Esq.
10 East High Street
Carlisle, PA 17013
Attorneys for Defendants
:rc
COFt'*_S ,vm'*LSCL
Ir FAFILES\CGents\12532 McCarren\12532.I.Pra.Writ.Exec
1
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Jacob M. Theis, Esquire
Attorney I.D. No. 208631
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARTHA SHELLY and : IN THE COURT OF COMMON PLEAS OF
LINDA EWING, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : NO. 2007-6918 CIVIL TERM
STERMAC, LLC and : CIVIL ACTION - EQUITY
STEVEN McCARREN,
Defendants
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Issue a writ of execution in the above matter,
(1) directed to the Sheriff of Cumberland County;
(2) against Plaintiff Martha Shelly, 447 Wileman Road, Lynch Station, Virginia, 24571;
(3) against Linda Jackman (Garnishee), 265 South Hanover Street, Carlisle, PA 17013,
by way of personal service under Pa.R.C.P. 402(a);
(4) and enter this writ in the judgment index against Plaintiff Martha Shelly;
(5) The amount due $50,000.00
Interest from August 1, 2008, at
the rate of $8.22 per day $
Costs to be added $
Total $
Direct the Cumberland County Sheriff to personally serve upon the Garnishee a Writ of Execution
and Interrogatories in Attachment (enclosed herewith), thereby levying against the intangible
personal property and/or rents of Plaintiff Martha Shelly held by Garnishee pursuant to Pa.R.C.P.
3108(a)(4).
* To be determined by the Sheriff of Cumberland County
MARTSON LAW OFFICES
By: 0, '/'C ?-
Christopher E. Rice, Esquire
I.D. No. 90916
Dated:" 47
Jacob M. Theis, Esquire
I.D. No. 208631
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Ms. Martha Shelly
4.47 Wileman Road
Lynch Station, VA 24571
Ms. Linda Ewing
447 Wileman Road
Lynch Station, VA 24571
Linda Jackman
265 South Hanover Street
Carlisle, PA 17013
MARTSON LAW OFFICES
l.u
By: V?04 ) A.
tffst Price
High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 41 Ile
F1L1r LE
?-? i 7fit Y
OF
2009 M Y 19 AM 9: 19
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Gvra
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-6918 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due STERMAC, LLC AND STEVEN MCCARREN
Defendant (s)
From MARTHA SHELLY, 447 WILEMAN ROAD, LYNCH STATION, VIRGINIA 24571
(1) You are directed to levy upon the property of the plaintiff (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of LINDA JACKMAN (GARNISHEE), 265 SOUTH HANOVER STREET, CARLISLE, PA 17013
- SERVE UPON THE GARNISHEE A WRIT OF EXECUTION AND INTERROGATORIES IN
ATTACHMENT THEREBY LEVYING AGAINST THE INTANGIBLE PERSONAL PROPERTY
AND/OR RENTS OF PLAINTIFF MARTHA SHELLY HELD BY GARNISHEE PURSUANT TO
PA RCP 3108(A)(4)
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 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 him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $50,000.00
L.L. $.50
Interest FROM 8/1/08 AT THE RATE OF $8.22 PER DAY
Atty's Comm % Due Prothy $2.00
Atty Paid $65.00
Plaintiff Paid
Other Costs
Date: MAY 19, 2009
(Seal)
REQUESTING PARTY:
Name CHRISTOPHER E. RICE, ESQUIRE
Address: MARTSON LAW OFFICES
TEN EAST HIGH STREET
CARLISLE, PA 17013
Attorney for: DEFENDANTS
Telephone: 717-243-3341
Supreme Court ID No. 90916
- 244,4
C s R. Long, ro onotary
By:
Deputy
Sheriffs Office of Cumberland County
R Thomas Kline $??tr at Cuot r Edward L Schorpp
Sheri Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy 0FRCE OF THE SMERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
06/01/2009 11:02 AM - Jody Smith, Deputy Sheriff, who being duly swom according to law, states that on June 1,
2009 at 1102 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Martha Shelly, in the hands, possession, or control of the within
named garnishee, Linda Jackman, 265 South Hanover Street, Carlisle, Cumberland County,
Pennsylvania, 17013 by handing to Linda Jackman, Garnishee personally three copies of interrogatories
together with three true and attested copies of the writ of execution and made the contents there of known
to her. Jackman was served at the Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303,
Carlisle, Cumberland County, Pennsylvania, 17013.
The writ of execution and notice to defendant was mailed on June 1, 2009 at 447 Wileman Road, Lynch
Station, VA 24571.
2007-6918
Stermac, LLC and
Steven McCarren
vs
Martha Shelly
So Answers
R. Thomas Kline, Sheriff
By \1 i VY , l 1•.? -
Deputy Sheriff
?tI
r
l_ }
F:\FILES\CGents\12532 McCarren\12532.1.mot.compe13
Created: 9/20/04 0:06PM
Revised: 6/15/09 5:31PM
7837.158
Christopher E. Rice, Esquire
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
: NO. 2007-6918 CIVIL TERM
CIVIL ACTION - EQUITY
DEFENDANT STERMAC LLC'S MOTION TO COMPEL DEPOSITIONS OF
PLAINTIFFS AND ANSWERS TO INTERROGATORIES
AND NOW, comes Defendant Stermac, LLC, (hereinafter, "Defendant") by and through its
attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and moves this
Honorable Court to compel Plaintiffs to appear and be deposed by Defendants, and to compel
Plaintiff Martha Shelly to file Answers to Defendant's Interrogatories directed to Plaintiff Martha
Shelly:
1. This case arises from a commercial lease dispute between Martha Shelly and Stermac,
LLC, which resulted in a judgment for Defendant Stermac, LLC, against Plaintiff Martha Shelly in
the amount of $50,000.00.
2. The aforementioned judgment was the result of an arbitrators' award, and was entered
into the Cumberland County judgment index on August 1, 2008.
3. In an effort to execute the aforementioned judgment against Plaintiff Martha Shelly,
Defendant served Interrogatories on Plaintiff Martha Shelly's counsel on December 18, 2008.
4. Despite repeated requests, Plaintiff Martha Shelly refused to provide answers to said
Interrogatories, which forced Defendant to file a Motion to Compel Answers to Interrogatories.
5. On March 31, 2009, Judge Oler issued a Rule to Show Cause why Defendant's
Motion to Compel Answers to Interrogatories should not be granted. A true and correct copy of
Judge Oler's Order is attached hereto and incorporated herein as Exhibit "A."
6. To date, Plaintiff Martha Shelly has failed to respond to Defendant's Motion to
Compel Answers to Interrogatories, and has failed to provide answers to Defendant's Interrogatories.
7. Also in an effort to execute the aforementioned judgment against Plaintiff Martha
Shelly, Defendant served Notices to Take Depositions on Plaintiffs' counsel on March 25, 2009,
May 12, 2009, and June 5, 2009. True and correct copies of said notices are attached hereto and
incorporated herein by reference as Exhibit "B."
8. At some time after March 5, 2009, it was discovered by Defendant's counsel that
assets were being transferred to Linda Ewing and Plaintiff Martha Shelly's son, Donald Marinkov.
9. Defendant's counsel believes that such transfer is subject to Defendant's Judgment,
and that such transfer appears to be for the fraudulent purpose of hiding assets from Defendant's
impending execution.
10. Due to the transfer of assets subject to Defendant's judgment, Defendant's counsel
revoked any extension previously granted, and demanded responses to discovery immediately.
11. On April 7, 2009, Plaintiff Martha Shelly's counsel filed a Motion for Protective
Order, that, among other things, averred that a Motion to Withdraw as counsel had been filed, and
requested that any discoverybe prohibited until Plaintiffs had sufficient time to secure other counsel.
12. Following the grant of Plaintiffs' counsel's Motion to Withdraw, the Honorable Judge
Oler denied Plaintiffs Motion for Protective Order.
13. To date, Plaintiffs have failed to appear for the depositions scheduled for April 14,
2009, and May 28, 2009, and upon information and belief, it is averred that Plaintiffs will not attend
the presently scheduled depositions on June 18, 2009.
14. Plaintiff has violated Pa.R.Civ.P. 4006 and 4007.1 by failing to respond to
Defendant's Interrogatories within the time required and by failing to appear for the scheduled
depositions.
15. This Honorable Courthas authority under Pa.R.C.P. 4019 to compel Plaintiffs Martha
Shelly and Linda Ewing to attend depositions in Cumberland County, Pennsylvania, and the fact that
they are not residents of Pennsylvania is of no consequence.
16. The Honorable Judge Oler has made prior rulings in this case.
WHEREFORE, Defendant Stermac, LLC, requests this Honorable Court to set a deadline
for Plaintiff Martha Shelly to answer the Interrogatories or suffer sanctions, and order Plaintiffs to
attend depositions to be scheduled in Cumberland County, Pennsylvania.
MARTSON LAW OFFICES
By:
stopher E. Ri e, E quire
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
Ten East High Street
Carlisle, PA 17013
Q (717) 243-3341
Dated: ?j 6 ^ 1 Attorneys for Defendants
EXHIBIT "A"
MARTHA SHELLY and IN THE COURT OF COMMON PLEAS OF
LINDA EWING, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. CIVIL ACTION - LAW
ST ERMAC, LLC and
STEVEN MCCARREN,
Defendants NO. 07-6918 CIVIL TERM
ORDER OF COURT
AND NOW, this 31St day of March, 2009, upon consideration of Defendant
Stermac, LLC's Motion To Compel Answers to Interrogatories, a Rule is hereby issued
upon Plaintiffs to show cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days from the date of this order.
J
David A. Baric, Esq.
19 West South Street
Carlisle, PA 17013
Attorney for Plaintiffs
C topher E. Rice, Esq.
acob M. Theis, Esq.
10 East High Street
Carlisle, PA 17013
Attorneys for Defendants
re
. F'i
?nj?
BY THE COURT,
EXHIBIT "B"
F OLESTRents\12532 McCarren\12532.I.notice.depo
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2007-6918 CIVIL TERM
CIVIL ACTION - EQUITY
NOTICE TO TAKE DEPOSITION
PLEASE TAKE NOTICE that pursuant to Pa. R.C.P. 4007. 1, the undersigned will take the
deposition of MARTHA SHELLY, in the above captioned action, upon oral examination, for the
purpose of discovery or for use at trial in the above action, before a person authorized to render an
oath or before some other person so authorized, at the offices of Martson Deardorff Williams Otto
Gilroy & Faller on Tuesday, April 14, 2009, at 2:00 p.m., on all matters not privileged which are
relevant and material to the issues and subject matter involved in the above-captioned action and that
the above named is requested to appear at the aforesaid time at the above address to submit to
examination under oath, and bring with her tax records for the past two years (2007 and 2008),
current bank account statements, pay stubs, deeds in which you have an interest, retirement
account information and statements, settlement sheets (HUD-1s) for any real property sold in
the past two years, and any other financial information.
MARTSON LAW OFFICES
/ C._.
By: (2?? / /?
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
10 East High Street
yCarlisle, PA 17013
Date: ?j ' 24 / Attorneys for Defendants
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6918 CIVIL TERM
: CIVIL ACTION - EQUITY
NOTICE TO TAKE DEPOSITION
PLEASE TAKE NOTICE that pursuant to Pa. R.C.P. 4007. 1, the undersigned will take the
deposition of LINDA EWING, in the above captioned action, upon oral examination, for the
purpose of discovery or for use at trial in the above action, before a person authorized to render an
oath or before some other person so authorized, at the offices of Martson Deardorff Williams Otto
Gilroy & Faller on Tuesday, April 14, 2009, at 3:00 p.m.,on all matters not privileged which are
relevant and material to the issues and subject matter involved in the above-captioned action and that
the above named is requested to appear at the aforesaid time at the above address to submit to
examination under oath, and bring with her tax records and returns for the past two years (2007
and 2008), current bank account statements, pay stubs, deeds in which you have an interest,
retirement account information and statements, settlement sheets (HUD-1s) for any real
property sold in the past two years, and any other financial information.
MARTSON LAW OFFICES
By: t1Y (?- / ?
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
Date: 3 _ /? ` 0 Attorneys for Defendants
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
v.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2007-6918 CIVIL TERM
CIVIL ACTION - EQUITY
NOTICE TO TAKE DEPOSITION
PLEASE TAKE NOTICE that pursuant to Pa. R.C.P. 4007. 1, the undersigned will take the
deposition of LINDA EWING, in the above captioned action, upon oral examination, for the
purpose of discovery or for use at trial in the above action, before a person authorized to render an
oath or before some other person so authorized, at the offices of Martson Deardorff Williams Otto
Gilroy & Faller on Thursday, May 28, 2009, at 11:00 a.m.,on all matters not privileged which are
relevant and material to the issues and subject matter involved in the above-captioned action and that
the above named is requested to appear at the aforesaid time at the above address to submit to
examination under oath, and bring with her tax records and returns for the past two years (2007
and 2008), current bank account statements, pay stubs, deeds in which you have an interest,
retirement account information and statements, settlement sheets (HUD-Is) for any real
property sold in the past two years, and any other financial information.
MARTSON LAW OFFICES
By: 'r <?__
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
Date: J ??Z ?9 Attorneys for Defendants
,
F \FILES\Clients\12532 McCarron\12532.1 notice.depo
11
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2007-6918 CIVIL TERM
CIVIL ACTION - EQUITY
NOTICE TO TAKE DEPOSITION
PLEASE TAKE NOTICE that pursuant to Pa. R.C.P. 4007. 1, the undersigned will take the
deposition of MARTHA SHELLY, in the above captioned action, upon oral examination, for the
purpose of discovery or for use at trial in the above action, before a person authorized to render an
oath or before some other person so authorized, at the offices of Martson Deardorff Williams Otto
Gilroy & Faller on Thursday, May 28, 2009, at 10:00 a.m., on all matters not privileged which
are relevant and material to the issues and subject matter involved in the above-captioned action and
that the above named is requested to appear at the aforesaid time at the above address to submit to
examination under oath, and bring with her tax records for the past two years (2007 and 2008),
current bank account statements, pay stubs, deeds in which you have an interest, retirement
account information and statements, settlement sheets (HUD-1s) for any real property sold in
the past two years, and any other financial information.
MART`S?ON LAW OFFICES
By: ( .?V/ S 4 "
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
10 East High Street
_ Carlisle, PA 17013
Date:j ???/D 9 Attorneys for Defendants
FARLEMChents\12532 McCarren\12532.1.no ice.depo2
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2007-6918 CIVIL TERM
: CIVIL ACTION - EQUITY
NOTICE TO TAKE DEPOSITION
PLEASE TAKE NOTICE that pursuant to Pa. R.C.P. 4007. 1, the undersigned will take the
deposition of MARTHA SHELLY, in the above captioned action, upon oral examination, for the
purpose of discovery or for use at trial in the above action, before a person authorized to render an
oath or before some other person so authorized, at the offices of Martson Deardorff Williams Otto
Gilroy & Faller on Thursday, June 18, 2009, at 2:00 p.m., on all matters not privileged which are
relevant and material to the issues and subject matter involved in the above-captioned action and that
the above named is requested to appear at the aforesaid time at the above address to submit to
examination under oath, and bring with her tax records for the past two years (2007 and 2008),
current bank account statements, pay stubs, deeds in which you have an interest, retirement
account information and statements, settlement sheets (HUD-1s) for any real property sold in
the past two years, and any other financial information.
MARTSON LAW OFFICES
By: r"1"1'4 f. /'?'?
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
Date: 6`5- 0 Attorneys for Defendants
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6918 CIVIL TERM
CIVIL ACTION - EQUITY
NOTICE TO TAKE DEPOSITION
PLEASE TAKE NOTICE that pursuant to Pa. R.C.P. 4007. 1, the undersigned will take the
deposition of LINDA EWING, in the above captioned action, upon oral examination, for the
purpose of discovery or for use at trial in the above action, before a person authorized to render an
oath or before some other person so authorized, at the offices of Martson Deardorff Williams Otto
Gilroy & Faller on Thursday, June 18, 2009, at 3:00 p.m.,on all matters not privileged which are
relevant and material to the issues and subject matter involved in the above-captioned action and that
the above named is requested to appear at the aforesaid time at the above address to submit to
examination under oath, and bring with her tax records and returns for the past two years (2007
and 2008), current bank account statements, pay stubs, deeds in which you have an interest,
retirement account information and statements, settlement sheets (HUD-1s) for any real
property sold in the past two years, and any other financial information.
MARTSON LAW OFFICES
By: ( ?- S.
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
Date: - S- Of Attorneys for Defendants
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy &
Faller, hereby certify that a copy of the foregoing Motion was served this date by depositing same
in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
David A. Baric, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
MARTSON LAW OFFICES
Y•
Price
TM at High Street
Carlisle, PA 17013
(717) 243-3341
Dated:
/?(? /Q 9
??t r
OF 7 r
I ,
u ? ?
JUN l 7 2009
Christopher E. Rice, Esquire
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
NO. 2007-6918 CIVIL TERM
CIVIL ACTION - EQUITY
ORDER
AND NOW, this P day of j W n,4 "_, 2009, upon consideration of Defendant Stermac,
LLC's Motion to Compel Depositions of Plaintiffs and Answers to Interrogatories, it is hereby
ORDERED that
(1) Plaintiff Martha Shelly shall answer Defendant Stermac, LLC's Interrogatories
within ten (10) days of the date of this Order; and
(2) Plaintiffs Martha Shelly and Linda Ewing shall appear for depositions before
Defendant Stermac, LLC within twenty (20) days of the date of this Order.
Distribution
David A. Baric, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
(20pCes "Lai ILL
?71Ql?q
Christopher E. Rice, Esquire
Martson Law Offices
10 East High Street,
Carlisle, PA 17013
OF THE F
2@09 it'"t 18 p ? ? 8
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
STERMAC, LLC and
STEVEN MCCARREN,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6918 CIVIL TERM
CIVIL ACTION-EQUITY
MOTION FOR PROTECTIVE ORDER
PURSUANT TO Pa.R.C.P. 4012
NOW, comes David A. Baric, Esquire, attorney for the Plaintiff, Martha Shelly in the
above matter and sets forth the following:
1. Counsel for the Defendants is seeking to take the deposition of Plaintiffs.
2. Plaintiff, Martha Shelly, has very limited financial means.
3. Plaintiff, Martha Shelly owns no automobile to transport her to Carlisle to
participate in depositions.
4. Counsel for Martha Shelly seeks a protective order from this Court which would
require counsel for the Defendants to provide transportation for Plaintiff, Martha Shelly from her
residence in Lynch Station, Virginia and provide lodging for Ms. Shelly while in Carlisle for said
depositions.
5. Judge Oler has previously signed Orders in this matter..
6. Defendants are represented by Christopher Rice, Esquire.
7. Counsel for the Plaintiff, Martha Shelly will provide answers to the
Interrogatories which counsel for the Defendants previously served upon Plaintiffs in compliance
with the Order signed in this matter by Judge Oler on June 17, 2009.
ti
It is suggested that the information provided in response to the Interrogatories will
make the deposition of Martha Shelly unnecessary.
WHEREFORE, Martha Shelly respectfully requests this Court issue a Protective Order
requiring that the Defendants provide transportation and lodging for Ms. Shelly in order for her
to participate in depositions.
Respectfully submitted,
EN, B ?SCH
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
CERTIFICATE OF SERVICE
I hereby certify that on June 4,6 , 2009, I, David A. Baric, Esquire of O'Brien, Baric
& Scherer, did serve a copy of the Motion For Protective Order Pursuant To Pa.R.C.P. 4012, by
first class U.S. mail, postage prepaid, to the parties listed below, as follows:
Martha Shelly Christopher Rice, Esquire
Linda Ewing Martson Law Office
447 Wileman Road 10 East High Street
Lynch Station, Virginia 24571 Carlisle, Pennsylvania 17013
J
David A. Baric, Esquire
OF THE [D-f? -)TAPY
2009 yFl3 25 i I1 1: : 38
-r
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V. ;
STERMAC, LLC and
STEVEN McCARREN,
Defendants
IN THE COURT OF COMMON PLFAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6918 CIVIL TERM
CIVIL ACTION - EQUITY
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Plaintiff, Martha Shelly in the
Respectfully submitted,
O' EN, BA S R
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
matter.
dab.dir/litigation/ewing/mccarren/ tryofappearance. pra
CERTIFICATE OF SERVICE
I hereby certify that on June o76-
, 2009, I, David A. Baric, Esquire of O'
Scherer, did serve a copy of the Praecipe For Entry of Appearance, by first class U.
postage prepaid, to the party listed below, as follows:
Christopher E. Rice, Esquire
Marston Law Office
Ten East High Street
Carlisle, Pe vania 17013
Baric &
mail,
David A. Baric,
-A- THE F- III .-', ?n;ARY
2009 JUN 25 F'1: 3
45.E v 1.r .' N C`Rd
_. ? K.
.1
STEPHEN R. MAITLAND, ESQUIRE
PA Supreme Court ID #: 204853
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
STEPHANIE E. CHER]
PA Supreme Court ID #:
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
MARTHA SHELLY and
LINDA EWING,
Plaintiffs,
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants.
IN THE COURT OF
CUMBERLAND CO
NO. 2007-6918 CIVIL
CIVIL ACTION- EQ
RESPONSE TO INTERROGATORIES TO GARNISHEE
Interrogatory to Garnishee (1)
a. At the time you were served or at any subsequent time, did you owe
Martha Shelly any money or were you liable to Plaintiff Martha Shelly on a
or other written instrument, or did Plaintiff Martha Shelly claim that you ova
money or were liable to Plaintiff Martha Shelly for any reasons, including t
to the Installment Sales Contract recorded in the Cumberland County Recor
Office, document number of 03-21-0320-182?
The only debt that Garnishee owed to Plaintiff Martha
debt that was due under the Installment Sales Contract.
b. To the extent that your above answer depends in whole or part on doc
account records, other papers, or electronic data, describe each in exact detail
copy of the same).
ESQUIRE
VION PLEAS OF
, PENNSYLVANIA
negotiable
lany
not limited
r of Deeds
was the
(or attach a
See attached document, Installment Sales Contract.
Interrogatory to Garnishee (2)
a. At the time you were served or at any subsequent time, was there in your
possession, custody, or control or in the joint possession, custody, or control of yourself
or one or more other persons property of any nature owned solely or in part by Plaintiff
Martha Shelly?
At no time did Garnishee possess any property owned by
Martha Shelly except for the property subject to the Installment Sales I
b. To the extent that your above answer depends in whole or part on
account records, or other papers or electronic data, describe each in exact
a copy of the same).
(or attach
None.
Interrogatory to Garnishee (3)
a. At any time before or after you were served, did Plaintiff Martha Shelly transfer
or deliver property of any nature to you or to any person or place pursuant to your
direction or consent and, if so, what was the consideration therefore?
At no time did Plaintiff Martha Shelly transfer or deliver roperty of
any nature to Garnishee or to any person or place pursuant to the direct on or
consent of Garnishee.
b. To the extent that your above answer depends in whole or part on
account records, or other papers or electronic data, describe each in exact
a copy of the same).
(or attach
None.
Interrogatory to Garnishee (4)
a. At any time were you served or at any subsequent time, have you pai ,
transferred, or delivered any money or property of any nature to Plaintiff M ha Shelly,
e.g. lease payments, loan payments, etc?
Garnishee makes a monthly payment to Plaintiff Martha belly in the
amount of $1,234.64 for principal and taxes.
b. To the extent that your above answer depends in whole or part on do ents,
account records, or other papers or electronic data, describe each in exact det it (or attach
a copy of the same).
Garnishee makes the monthly payment for principal and x via
deposit into Plaintiff Martha Shelly's account at Members 1St Federal C edit Union.
Interrogatory to Garnishee (5)
a. At any time were you served or at any subsequent time, did you have
contractual relationship not disclosed above with, or other obligations to, Pla.
Shelly, and if so, describe such relationship in detail and any payments made
Garnishee has no contractual relationships or obligations
Martha Shelly other than the relationship created by the Installment Sa
b. To the extent that your above answer depends in whole or part on
account records, or other papers or electronic data, describe each in exact
a copy of the same).
None.
Date:-(,D. 79. (A
Stephanie E. Cheri
PA Supreme Court
61 West Louther S,
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fa:
other
' Martha
Plaintiff
Contract.
(or attach
Esquire
#: 52651
VERIFICATION
I verify that the statements contained herein are true and correct. I
that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn
falsification to authorities.
J
Dated: 01
STEPHEN R. MAITLAND, ESQUIRE
PA Supreme Court ID #: 204853
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
STEPHANIE E.
PA Supreme Court ID #:
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
MARTHA SHELLY and
LINDA EWING,
Plaintiffs,
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants.
IN THE COURT OF
CUMBERLAND CO
NO. 2007-6918 CIVIL
CIVIL ACTION- EQ
CERTIFICATE OF SERVICE
ESQUIRE
>1
VION PLEAS OF
,PENNSYLVANIA
o
I, Stephanie E. Chertok, hereby verify that a copy of the foregoing Response ?fbllowing:
Interrogatories to Garnishee was served on this 25 h day of June, 2009, Christopher E. Rice, Esquire
Ten East High Street
Carlisle, PA 17013
David A. Baric, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
Stephanie E. Chertok, Esquire `
Attorney for Garnishee
PA Supreme Court ID #: 52651
61 W. Louther St.
Carlisle, PA 17013
(717) 249-1177
3 q 5 p;
03-2?-63ZO- I ?Z
INSTALLMENT SALES CONTRACT
ARTICLES OF AGREEMENT, made the day c? 7,t5l of j
between Linda M. Ewing and Martha K. Shelly (hereafter singularly and c
called Seller) and Linda L. Jackman (hereafter singularly and collectively
Purchaser).
WITNESSETH: that the Seller, in consideration of the terms and
hereinafter mentioned and contained, agrees to sell and convey unto the
Purchaser, their heirs and assigns:
Iled
I?IIIIIIIIIII?N6
oooaHs
2008,
ALL THAT CERTAIN tract of land located in the Borough of Carlisl ,
Cumberland County, Pennsylvania, being known as 265 South Hanover treet,
Carlisle, Pennsylvania, and being more fully described in Deed Book 259, Page 2418
1. Sale Price. Terms: The Purchaser agrees to pay to Seller t erefor, the
sum of One Hundred Sixty Thousand and 00/100 Dollars ($160,000.00) die and
payable in monthly installments of One Thousand Eleven and 31/100 Doll rs
($1,011.31) beginning July 1, 2008, to be applied first to interest at the rat of six and
one-half percent (6.5%) per annum and thereafter to reduction of principa . Provided
that unless sooner paid, all unpaid principal and interest shall be due in fu I on or before
July 1, 2013.
2. Late Charge: A late charge of fifteen (15%) percent of such monthly
payment shall be paid by Purchaser for expenses incurred by Seller in se ding
delinquent notices and account supervision. Buyer has a ten (10) day grace period
each month in case of unforeseen circumstances.
3. Additional Payments: In addition to the said monthly installments on
account of purchase price and interest thereon, the said Purchaser agree to pay the
municipal assessments, utility charges, if any, make all necessary repairs to the
premises and to keep in force not less than One Hundred Sixty Thousand and 00/100
Dollars of fire insurance and extended coverage with a reliable insurance ompany
approved by Seller, with loss payable to the parties as their interests appear. A copy of
said policy is to be sent to Seller.
4. Prepayment: The Purchaser shall have the privilege of payi g as much
more than the required monthly installment of principal and interest as desired, and
nothing contained in this Agreement shall be construed to limit reduction f principal of
said amount. Interest shall be computed on the unpaid balance. The Pu chaser may
not mortgage or buy property outright for a period of twenty-four (24) mon hs.
5. Place of Payment: All payments shall be made to the Seller with
Purchaser depositing said sum in Seller's designated bank account with embers 1st
Federal Credit Union or such other place as may be designated by Seller by the first of
each month.
I
6. Delivery of Possession: It is also agreed between the parti as hereto that
possession of the said premises shall be delivered to the Purchaser on t e date of
execution hereof, and that said Purchaser shall be entitled to receive re ts, issues and
profits from said date of delivery of possession of said property.
7. Alterations: The Purchaser agrees not to make any substa tial alteration
of the condition of the premises or of any buildings thereon erected without first
securing the written consent and approval of the Seller.
8. Taxes, Proration: Taxes for prior years have been paid. T xes for the
current year shall be prorated between the parties hereto using the fiscal years of the
taxing authorities as the basis, and on the date of execution hereof, as p orating date.
Taxes for subsequent years shall be paid by Purchaser to Seller in twely (12) monthly
payments of $223.33, with the total being escrowed by Seller for paymen in the
discount periods of March 1 to April 30 for county/township taxes and Jul 1 to August
31 for school real estate taxes. Purchaser acknowledges the monthly a ount is subject
to change on a yearly basis and agrees to pay any additional amount req fired to pay
taxes in full. When legal title is taken by the Purchaser or their designee, Seller shall
pay one-half of the transfer taxes then in effect up to a maximum of one 1 %) percent of
sale price hereof, and the Purchaser shall pay the remainder. Provided, owever, if this
property is conveyed to a third party at the request of the Purchaser, the all transfer
taxes on said conveyance shall be paid by said third party and Purchaser as they may
agree and none shall be paid by Seller.
9. Seller's Right to Encumber: Seller shall have the privilege o encumbering
the premises which are the subject of this agreement by a mortgage or of erwise,
provided that at no time may any such encumbrance exceed the unpaid principal
balance of this agreement, and if Seller should default in making any pay ents which
may be required in connection with any such mortgage or other encumbrance, the
Purchaser shall have the privilege of applying any sums payable pursuan to this
agreement to such encumbrance holder, which payments shall be credite toward the
obligations of Purchaser hereunder.
10. Water/Sewer. Seller warrants that the property is supplied ly public water
and sewer.
11. Highway Occupancy: Seller warrants that the property has valid access
to the public road and that at the signing of this Agreement or within a rea onable time
thereafter, the Seller will provide Purchaser with the necessary permit or perwork.
12. Deed Conveyance: Upon compliance with the foregoing to s and
conditions and payment of the said purchase price in full by the Purchase , the Seller
will, at the expense of Seller, make, execute and deliver to the Purchaser, a good and
sufficient deed for the proper conveying and assuring of the said premises, in fee
06/26/2008 10:17 717249F755 OBS PAGE 04
simple, free from all encumbrances, dower and rights of dower, subject
easements and restrictions, visible or of record, such conveyance to co
covenants of special warranty.
to
the usual
13. Default by_Purchase : In the event the said Purchaser shall it to make
any monthly payment for a period of thirty (30) days after the same shall h ve become
due and payable by the terms hereof, or if a breach of any of the foregoin conditions
be made by Purchaser, then and in such case this Agreement shall, at the option of the
Seller, become null and void and the Purchaser shall forfeit all monies th paid as
liquidated damages, representing the fair rental value of the property durin the time
the same shall have been occupied by the Purchaser. Provided, however, that no such
default shall occur unless Seller has given Purchaser at least fifteen (15) d ys written
notice of such violation of the terms hereof and Purchaser shall have faile to correct
such default.
In the alternative, if default shall be made in the payment of any mo thly
payment for a period of thirty (30) days after the same shall have become ue and
payable by the terms hereof, or if a breach of any of the conditions of this greement
shall be made by the Purchaser, the entire principal sum remaining unpaid may, at
Seller's option, become due and payable at once and may be collected by uit or
otherwise; and the Prothonotary or any attorney of any court of record of P nnsylvania
or elsewhere is hereby authorized and empowered to appear for and confe s judgment
against the said Purchaser and in favor of the Seller for the whole amount f said
principal sum remaining unpaid, together with interest, costs of suit, releas of errors,
attorney's commission of five percent of any unpaid balance due hereunde , and
waiving inquisitions and exemptions.
Upon the breach of any of the covenants or conditions of this Agree ent, or
upon its termination by forfeiture, the Prothonotary or any attorney of any C urt of
record of Pennsylvania, is hereby authorized to appear for and to confess j dgment in
an amicable action of ejectment against the Purchaser and in favor of the iler for the
premises herein described, and to direct the immediate issuing of a Wn of xecution
for costs, waiving all irregularities, without notice and without leave of Court and with
Three Hundred ($300.00) Dollars added as reasonable attorney's fees.
Seller shall have the right upon any default or subsequent default or pon
termination of this Agreement to bring one or more amicable action or actio s to
recover possession of said premises.
In order to effectuate compliance herewith, a Deed conveying the su ject
premises from Purchaser to Seller shall be delivered to David A. Baric, Esq ire, to be
held in escrow to be utilized for the conveyance from Purchaser to Seller in ecordanc
herewith in the event of default by Purchaser. David A. Baric, Esquire, is au orized in
his sole and total discretion to deliver said Deed to Seller thirty (30) days fo l owing
written notification by Seller to David A. Boric, Esquire, with a copy to Purch ser that
default in the nature of a payment being due past thirty (30) days, or otherw sa has
06/26/2008 10:17 7172495755 OBS PAGE 05
occurred. The parties release David A. Baric, Esquire from any liability he
agree to indemnify and save him harmless from any claims with respect hi
any loss or damage, direct or indirect arising hereunder, including but not
costs and attorney's fees incurred hereby. Parties further agree not to insi
commence any action or suit whatsoever against David A. Baric, Escrow F
legal actions shall be directly between the parties.
Purchaser acknowledges Pat she has read and understand the
provisions by initialing here.
14. Escrow of Seilers' Deed. The Sellers agree that concurrent r
signing of this Agreement that they will execute and deliver to David A. Bai
deed to the subject premises to be held in escrow and delivered to Purcha
compliance with the terms and conditions herein. Sellers, their heirs, suco
assigns or the survivor authorize David A. Baric, Esquire, to deliver said de
satisfactory proof that all terms and conditions have been met and release
Baric, Esquire, from any liability hereunder and agree to indemnify and sar
harmless from any claims with respect hereto or from any loss or damage,
indirect arising hereunder, including but not limited to costs and attorney's
hereby. Parties further agree not to institute or commence any action or si
whatsoever against David A. Baric, Escrow Holder, but all legal actions shi
between the parties.
eunder and
ireto or from
mited to
Mute or
older, but all
default
h the
Esquire a
r upon the
i upon
avid A.
him
rect or
ss incurred
be directly
Acceptance by the Seller of any of the aforesaid monthly, payments
same shall have become past due and in default, or any failure to enforce i
rights herein reserved to the Seller, or any of the penalties, forfeitures, dam
conditions herein contained, shall not be considered a waiver of the right to
some at any time without notice whatsoever, and any attempt to collect the
by one proceeding shall not be considered a waiver of the right to institute €
other proceedings herein provided.
15. Modifi ion, No modification of this Agreement shall be t
parties hereto unless the same shall be in writing and duly approved by
16. Assignability. The interest of the Purchaser in this Agreement
assignable, in whole or in part, without the prior written consent and approv;
Seller, and if such assignment is attempted, all rights and remedies of the S
forth herein or which the Seller may otherwise have, shall immediately accn
Seller. Transfer of title by Will, survivorship or by descent shall not be regar
assignment requiring the consent and approval of the Seller.
17. This Agreement shall be recorded at Purchaser's expense.
18. Bindino Agreement. This Agreement is to extend to and be k
the heirs, successors, executors, administrators and assigns of the parties
fter the
y of the
ges or
!nforce the
mount due
v of the
g upon the
parties.
shall not be
I of the
Oler set
a to the
led as an
upon
06/26/2008 10:17 7172495755 OBS i PAGE 06
IN WITNESS WHEREOF, the parties hereto have executed this Ag
consisting of six pages the day and year first above written.
WITNESS: SELLER:
Linda .Ewing
Martha K. Shelly
PURCH
Linda L.
Seal)
06/26/2008 10:17 7172495755 OBS PAGE 07
IN WITNESS WHEREOF, I hereunto set my hand and
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the ? day of _ j V-110 , 2008, bef
undersigned officer, personally appeared Linda M. Ewing and Martha K.
to me (or satisfactorily proven) to be the persons whose names are subsc
within instrument, and acknowledged that they executed the same for the
therein contained.
}
:SS.
COMMONWEALTH OF PENNSYLVANIA )
) :SS.
COUNTY OF CUMBERLAND }
iall seal.
Amends L. BeMM601. WAri
C&A0 Born. Cogwi.nd C
fiv ComrniWw 6*1sa APA
On this, the A761 day of j"-t- , 2008, before
undersigned officer, personally appeared Linda L, Jackman known to me (o
satisfactorily proven) to be the persons whose names are subscribed to the
instrument, and acknowledged that they executed the same for the purpose
contained,
IN WITNESS WHEREOF, i hereunto set my hand and official
me, the
ly known
:d to the
0
me, the
rithin
therein
Seal)
Not" W
Amanda L. aemhlssi. NO" ?
Colsle SM. Cumbodend Ca
w camnimalan Bxaires AorN 17
06/26/2006 10:17 7172495755 OBS PAGE 08
DISCLOSURE FOR CONFESSION QF JUDGMENT
I am executing, this the L day of ?? , 2008,
Sales Contract for $160,000.00 obligating me to repay that amount.
Installment
A.. ' I understand that the Installment Sales Contract contains a nfession of
judgment provision that would permit Sellers to enter judgment against me in court,
after a default on the Installment Sales Contract, without advance notice to me and
without offering me an opportunity to defend against the entry of judgment. In executing
the Installment Sales Contract, being fully aware of my rights to advance n tice and to a
hearing to contest the validity of any judgment or other claims that Sellers ay assert
against me under the Installment Sales Contract, I am knowingly, intelligen ly, and
voluntarily waiving these rights, including any right to advance notice of the entry of
judgment, and 1 expressly agree and consent to Sellers entering judgment gainst me
by confession as provided for in the confession of judgment provision. INIT ALS:
6. I further understand that in addition to giving Sellers the righto enter
judgment against me without advance notice or a hearing, the confession judgment
provision in the Installment Sales Contract also contains language that wou d permit
Sellers, after entry of judgment, to execute on the judgment by foreclosing pon,
attaching, levying on, taking possession of or otherwise seizing my property in full or
partial payment of the judgment. However, Sellers must provide notice tom under
applicable law in executing any confessed judgment. In executing the Instal ment Sales
Contract, being fully aware of my rights to advance notice and a hearing aft r judgment
is entered and before execution on the judgment, I am knowingly, intelligently and
voluntarily waiving these rights, and 1 expressly agree and consent to Selle 's
executing on the ' dgment, in any manner permitted by applicable state an federal
law. INITIALS.
C. After having read and determined which of the following state ents are
applicable, and by placing my initials next to each statement which applies, represent
that:
INITIALS
1. 1 was represented by my own independent legal counsel in co nection
with the Installment Sales Contract.
wp '
2. A representative of
ecifically called the confession of udgment
provision in the Installment Sales Contract to my attention.
D. I certify that my annual income exceeds $10,000; that the blan s in this
disclosure were filled in when I initialed and signed it; and that I received a py at the
time of signing.
This disclosure has been signed and sealed by
AFFIANT:
Linda L.
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200905395
Recorded On 2/26/2009 At 11:47:15 AM
* Instrument Type - AGREEMENT OF SALE
Invoice Number - 37969 User ID - MBL
* Grantor - EWING, LINDA M
* Grantee - JACKMAN, LINDA L
* Customer - NIVEN BAIRD
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $17.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $43.00
* Total Pages - 8
Certification Page
DO NOT DETACH
This page is i
of this legal d
I Certify this to be record
in Cumberland County P
part
O D DS
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
11111111111111111iiuui
OF Tl;-
MARTHA SHELLY and IN THE COURT OF COMMON PLEAS OF
LINDA EWING, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
IN RE: MOTION FOR PROTECTIVE ORDER PURSUANT TO
PA. R.C.P. 4012
AND NOW, this 29th day of June, 2009, upon consideration of the Motion for
V. CIVIL ACTION - LAW
STERMAC, LLC and
STEVEN McCARREN,
Defendants
and
LINDA M. EWING and
DONALD G. MARINKOV, :
Terre-tenants NO. 07-6918 CIVIL TERM
Protective Order Pursuant To Pa. R.C.P. 4012, the motion is denied.
c,
David A. Baric, Esq.
19 West South Street
Carlisle, PA 17013
Attorney for Plaintiff
Mart a Shelly
Christopher E. Rice, Esq.
10 East High Street
Carlisle, PA 17013
Attorney for Defendants
:rc
I-
--na I LL
l ?..S
BY THE COURT,
FILED-ORICE
OF TFrr*
2009 JUL -2 PM 12: 01
F TILES`,Clients? 12532 McCarren\ 12532. I .pra.enter.judgment.gamishee
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Jacob M. Theis, Esquire
Attorney I.D. No. 208631
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6918 CIVIL TERM
CIVIL ACTION - EQUITY
PRAECIPE FOR ENTRY OF JUDGMENT BY ADMISSION AGAINST GARNISHEE
LINDA JACKMAN PURSUANT TO PA.R.C.P 1346(b)(1)
TO THE PROTHONOTARY:
Enter judgment in favor of Defendants and against Garnishee Linda Jackman, in the sum
of $50,000.00, plus interest from August 1, 2008, to which garnishee has admitted in her answers
to interrogatories (attached hereto) as being owed to Plaintiff Martha Shelly and that is not
greater than the sum due from Plaintiff Martha Shelly to Defendants.
Defendants reserve the right to refrain from discontinuing attachment and to proceed
against the garnishee as to any further property or to contest any right in the property claimed by
the garnishee.
MARTSON LAW OFFICES
By:
Christopher E. Rice, Esquire
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 7-' 3 - ! Attorneys for Defendants
r
STEPHEN R. MAITLAND, ESQUIRE
PA Supreme Court ID #: 204853
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
MARTHA SHELLY and
LINDA EWING,
Plaintiffs,
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6918 CIVIL TERM
CIVIL ACTION- EQUITY
RESPONSE TO INTERROGATORIES TO GARNISHEE
-7
i1
Interrogatory to Garnishee (1)
a. At the time you were served or at any subsequent time, did you owe Plaintiff
Martha Shelly any money or were you liable to Plaintiff Martha Shelly on any negotiable
or other written instrument, or did Plaintiff Martha Shelly claim that you owed any
money or were liable to Plaintiff Martha Shelly for any reasons, including but not limited
to the Installment Sales Contract recorded in the Cumberland County Recorder of Deeds
Office, document number of 03-21-0320-182?
The only debt that Garnishee owed to Plaintiff Martha Shelly was the
debt that was due under the Installment Sales Contract.
b. To the extent that your above answer depends in whole or part on documents,
account records, other papers, or electronic data, describe each in exact detail (or attach a
copy of the same).
STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID #: 52651
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
See attached document, Installment Sales Contract.
Interrogatory to Garnishee (2)
a. At the time you were served or at any subsequent time, was there in your
possession, custody, or control or in the joint possession, custody, or control of yourself
or one or more other persons property of any nature owned solely or in part by Plaintiff
Martha Shelly?
At no time did Garnishee possess any property owned by Plaintiff
Martha Shelly except for the property subject to the Installment Sales Contract.
b. To the extent that your above answer depends in whole or part on documents,
account records, or other papers or electronic data, describe each in exact detail (or attach
a copy of the same).
None.
Interrogatory to Garnishee (3)
a. At any time before or after you were served, did Plaintiff Martha Shelly transfer
or deliver property of any nature to you or to any person or place pursuant to your
direction or consent and, if so, what was the consideration therefore?
At no time did Plaintiff Martha Shelly transfer or deliver property of
any nature to Garnishee or to any person or place pursuant to the direction or
consent of Garnishee.
b. To the extent that your above answer depends in whole or part on documents,
account records, or other papers or electronic data, describe each in exact detail (or attach
a copy of the same).
None.
Interrogatory to Garnishee (4)
a. At any time were you served or at any subsequent time, have you paid,
transferred, or delivered any money or property of any nature to Plaintiff Martha Shelly,
e.g. lease payments, loan payments, etc?
Garnishee makes a monthly payment to Plaintiff Martha Shelly in the
amount of $1,234.64 for principal and taxes.
b. To the extent that your above answer depends in whole or part on documents,
account records, or other papers or electronic data, describe each in exact detail (or attach
a copy of the same).
. Garnishee makes the monthly payment for principal and tax via
deposit into Plaintiff Martha Shelly's account at Members 1st Federal Credit Union.
Interrogatory to Garnishee (5)
a. At any time were you served or at any subsequent time, did you have any other
contractual relationship not disclosed above with, or other obligations to, Plaintiff Martha
Shelly, and if so, describe such relationship in detail and any payments made.
Garnishee has no contractual relationships or obligations to Plaintiff
Martha Shelly other than the relationship created by the Installment Sales Contract.
b. To the extent that your above answer depends in whole or part on documents,
account records, or other papers or electronic data, describe each in exact detail (or attach
a copy of the same).
None.
Date ( r r-1
Stephanie E. Chertok, Esqui t'
PA Supreme Court ID #: 52651
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
VERIFICATION
I verify that the statements contained herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn
falsification to authorities.
, I4 dC4l
Linda Jack an
Dated:
STEPHEN R. MAITLAND, ESQUIRE
PA Supreme Court ID #: 204853
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
MARTHA SHELLY and
LINDA EWING,
Plaintiffs,
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants.
STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID #: 52651
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6918 CIVIL TERM
CIVIL ACTION- EQUITY
CERTIFICATE OF SERVICE
I, Stephanie E. Chertok, hereby verify that a copy of the foregoing Response to
Interrogatories to Garnishee was served on this 25th day of June, 2009, on the following:
Christopher E. Rice, Esquire
Ten East High Street
Carlisle, PA 17013
David A. Baric, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
f
-- *,;
Stephanie E. C c-
hertok, Esquire
Attorney for Garnishee
PA Supreme Court ID #: 52651
61 W. Louther St.
Carlisle, PA 17013
(717) 249-1177
?:5P -'f--63W
INSTALLMENT SALES CONTRACT III
ARTICLES OF AGREEMENT, made the day of ua 1 , 2008,
between Linda M. Ewing and Martha K. Shelly (hereafter singularly and collectively
called Seller) and Linda L. Jackman (hereafter singularly and collectively called
Purchaser).
WITNESSETH: that the Seller, in consideration of the terms and conditions
hereinafter mentioned and contained, agrees to sell and convey unto the said
Purchaser, their heirs and assigns:
ALL THAT CERTAIN tract of land located in the Borough of Carlisle,
Cumberland County, Pennsylvania, being known as 265 South Hanover Street,
Carlisle, Pennsylvania, and being more fully described in Deed Book 259, Page 2418
1. Sale Price. Terms: The Purchaser agrees to pay to Seller therefor, the
sum of One Hundred Sixty Thousand and 00/100 Dollars ($160,000.00) due and
payable in monthly installments of One Thousand Eleven and 31/100 Dollars
($1,011.31) beginning July 1, 2008, to be applied first to interest at the rate of six and
one-half percent (6.5%) per annum and thereafter to reduction of principal. Provided
that unless sooner paid, all unpaid principal and interest shall be due in full on or before
July 1, 2013.
2. Late Charge: A late charge of fifteen (15%) percent of such monthly
payment shall be paid by Purchaser for expenses incurred by Seller in sending
delinquent notices and account supervision. Buyer has a ten (10) day grace period
each month in case of unforeseen circumstances.
3. Additional Payments: In addition to the said monthly installments on
account of purchase price and interest thereon, the said Purchaser agrees to pay the
municipal assessments, utility charges, if any, make all necessary repairs to the
premises and to keep in force not less than One Hundred Sixty Thousand and 00/100
Dollars of fire insurance and extended coverage with a reliable insurance company
approved by Seller, with loss payable to the parties as their interests appear. A copy of
said policy is to be sent to Seller.
4. Prepayment: The Purchaser shall have the privilege of paying as much
more than the required monthly installment of principal and interest as desired, and
nothing contained in this Agreement shall be construed to limit reduction of principal of
said amount. Interest shall be computed on the unpaid balance. The Purchaser may
not mortgage or buy property outright for a period of twenty-four (24) months.
5. Place of Payment: All payments shall be made to the Seller with
Purchaser depositing said sum in Seller's designated bank account with Members 1st
Federal Credit Union or such other place as may be designated by Seller by the first of
each month.
//
6. Delivery of Possession: It is also agreed between the parties hereto that
possession of the said premises shall be delivered to the Purchaser on the date of
execution hereof, and that said Purchaser shall be entitled to receive rents, issues and
profits from said date of delivery of possession of said property.
7. Alterations: The Purchaser agrees not to make any substantial alteration
of the condition of the premises or of any buildings thereon erected without first
securing the written consent and approval of the Seller.
8. Taxes. Proration: Taxes for prior years have been paid. Taxes for the
current year shall be prorated between the parties hereto using the fiscal years of the
taxing authorities as the basis, and on the date of execution hereof, as prorating date.
Taxes for subsequent years shall be paid by Purchaser to Seller in twelve (12) monthly
payments of $223.33, with the total being escrowed by Seller for payment in the
discount periods of March 1 to April 30 for county/township taxes and July 1 to August
31 for school real estate taxes. Purchaser acknowledges the monthly amount is subject
to change on a yearly basis and agrees to pay any additional amount required to pay
taxes in full. When legal title is taken by the Purchaser or their designee, Seller shall
pay one-half of the transfer taxes then in effect up to a maximum of one (I%) percent of
sale price hereof, and the Purchaser shall pay the remainder. Provided, however, if this
property is conveyed to a third party at the request of the Purchaser, then all transfer
taxes on said conveyance shall be paid by said third party and Purchaser as they may
agree and none shall be paid by Seller.
9. Seller's Right to Encumber: Seller shall have the privilege of encumbering
the premises which are the subject of this agreement by a mortgage or otherwise,
provided that at no time may any such encumbrance exceed the unpaid principal
balance of this agreement, and if Seller should default in making any payments which
may be required in connection with any such mortgage or other encumbrance, the
Purchaser shall have the privilege of applying any sums payable pursuant to this
agreement to such encumbrance holder, which payments shall be credited toward the
obligations of Purchaser hereunder.
10. Water/Sewer. Seller warrants that the property is supplied by public water
and sewer.
11. Highway Occupancy: Seller warrants that the property has a valid access
to the public road and that at the signing of this Agreement or within a reasonable time
thereafter, the Seller will provide Purchaser with the necessary permit or paperwork.
12. Deed Conveyance: Upon compliance with the foregoing terms and
conditions and payment of the said purchase price in full by the Purchaser, the Seller
will, at the expense of Seller, make, execute and deliver to the Purchaser, a good and
sufficient deed for the proper conveying and assuring of the said premises, in fee
U4
simple, free from all encumbrances, dower and rights of dower, subject only to
easements and restrictions, visible or of record, such conveyance to contain the usual
covenants of special warranty.
13. DIfault by Purchaser: In the event the said Purchaser shall fail to make
any monthly payment for a period of thirty (30) days after the same shall have become
due and payable by the terms hereof, or if a breach of any of the foregoing conditions
be made by Purchaser, then and in such case this Agreement shall, at the option of the
Seller, become null and void and the Purchaser shall forfeit all monies then paid as
liquidated damages, representing the fair rental value of the property during the time
the same shall have been occupied by the Purchaser. Provided, however, that no such
default shall occur unless Seller has given Purchaser at least fifteen (15) days written
notice of such violation of the terms hereof and Purchaser shall have failed to correct
such default.
In the alternative, if default shall be made in the payment of any monthly
payment for a period of thirty (30) days after the same shall have become due and
payable by the terms hereof, or if a breach of any of the conditions of this agreement
shall be made by the Purchaser, the entire principal sum remaining unpaid may, at
Seller's option, become due and payable at once and may be collected by suit or
otherwise; and the Prothonotary or any attorney of any court of record of Pennsylvania
or elsewhere is hereby authorized and empowered to appear for and confess judgment
against the said Purchaser and in favor of the Seller for the whole amount of said
principal sum remaining unpaid, together with interest, costs of suit, release of errors,
attorney's commission of five percent of any unpaid balance due hereunder, and
waiving inquisitions and exemptions.
Upon the breach of any of the covenants or conditions of this Agreement, or
upon its termination by forfeiture, the Prothonotary or any attorney of any Court of
record of Pennsylvania, is hereby authorized to appear for and to confess judgment in
an amicable action of ejectment against the Purchaser and in favor of the Seller for the
premises herein described, and to direct the immediate issuing of a Writ of Execution
for costs, waiving all irregularities, without notice and without leave of Court, and with
Three Hundred ($300.00) Dollars added as reasonable attorney's fees.
Seller shall have the right upon any default or subsequent default or upon
termination of this Agreement to bring one or more amicable action or actions to
recover possession of said premises.
In order to effectuate compliance herewith, a Deed conveying the subject
premises from Purchaser to Seller shall be delivered to David A. Baric, Esquire, to be
held in escrow to be utilized for the conveyance from Purchaser to Seller in accordance
herewith in the event of default by Purchaser. David A, Baric, Esquire, is authorized in
his sole and total discretion to deliver said Deed to Seller thirty (30) days following
written notification by Seller to David A. Baric, Esquire, with a copy to Purchaser that
default in the nature of a payment being due past thirty (30) days, or otherwise has
a?
occurred. The parties release David A. Baric, Esquire from any liability hereunder and
agree to indemnify and save him harmless from any claims with respect hereto or from
any loss or damage, direct or indirect arising hereunder, including but not limited to
costs and attorney's fees Incurred hereby. Parties further agree not to institute or
commence any action or suit whatsoever against David A. Baric, Escrow Holder, but all
legal actions shall be directly between the parties.
Purchaser acknowledges t she has read and understand the foregoing default
provisions by initialing here. -4 --
14. Escrow of Sellers' Dead. The Sellers agree that concurrent with the
signing of this Agreement that they will execute and deliver to David A. Baric, Esquire a
deed to the subject premises to be held in escrow and delivered to Purchaser upon the
compliance with the terms and conditions herein. Sellers, their heirs, successors,
assigns or the survivor authorize David A. Baric, Esquire, to deliver said deed upon
satisfactory proof that all terms and conditions have been met and release David A.
Baric, Esquire, from any liability hereunder and agree to indemnify and save him
harmless from any claims with respect hereto or from any loss or damage, direct or
indirect arising hereunder, including but not limited to costs and attorney's fees incurred
hereby. Parties further agree not to institute or commence any action or suit
whatsoever against David A. Baric, Escrow Holder, but all legal actions shall be directly
between the parties.
Acceptance by the Seller of any of the aforesaid monthly, payments after the
same shall have become past due and in default, or any failure to enforce any of the
rights herein reserved to the Seller, or any of the penalties, forfeitures, damages or
conditions herein contained, shall not be considered a waiver of the right to enforce the
same at any time without notice whatsoever, and any attempt to collect the amount due
by one proceeding shall not be considered a waiver of the right to institute any of the
other proceedings herein provided.
15. Modification. No modification of this Agreement shall be binding upon the
parties hereto unless the same shall be in writing and duly approved by said parties.
16. Assi nability, The interest of the Purchaser in this Agreement shall not be
assignable, in whole or in part, without the prior written consent and approval of the
Seller, and if such assignment is attempted, all rights and remedies of the Seller set
forth herein or which the Seller may otherwise have, shall immediately accrue to the
Seller. Transfer of title by Will, survivorship or by descent shall not be regarded as an
assignment requiring the consent and approval of the Seller.
17_ This Agreement shall be recorded at Purchaser's expense.
18. Binding Agreement. This Agreement is to extend to and be binding upon
the heirs, successors, executors, administrators and assigns of the parties hereto.
uo
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
consisting of six pages the day and year first above written.
WITNESS:
;ter
.4 i r.. G•4. t.L """.."?..?
rf
SELLER:
Linda . Ewina (Seal)
Martha K. Shelly (Seal)
PURCHASER:
' ? ?'`??--(Seal)
Linda L. JackTen /'
v r
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND ) :SS,
On this, the day of t. U. l e , 2008, before me, the
undersigned officer, personally appeared Linda M, Ewing and Martha K. Shelly known
to me (or satisfactorily proven) to be the persons whose names are subscribed to the
within instrument, and acknowledged that they executed the same for the purposes
therein contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
...!%7•i1?.-??t.0?. ; ._..?'-z.?./?.t-c.??? (Seal)
COMMONWEALTH OF PENNSYLVANIA
Natadsl W
Amends L. eernhleel, Notary Public
Carlisle Dom, Cumberland County
My CommWWW Expires 117, 2010
Member, Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND ) :SS.
On this, the r;? 7-61 day of i "T-e. , 2008, before me, the
undersigned officer, personally appeared Linda L. Jackman known to me (or
satisfactorily proven) to be the persons whose names are subscribed to the within
instrument, and acknowledged that they executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(Seal)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Amanda L. Bernhtsel. Nottry Public
Carlisle Soro, Cumberland County
My Commisalon Expires April 17, 2010
Member, Pennsylvanis Association of Notaries
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DISCLOSUR FOR C4 FESSION OF JUDGMENT
I am executing, this the ,E day of `-TLA, 2008, an InstaNm
Sales Contract for $160,000.00 obligating me to repay that amount. ent
t A. I understand that the Installment Sales Contract contains a confession of
judgment provision that would permit Sellers to enterjudgment against me in court,
after a default on the Installment Sales Contract, without advance notice to me and
without offering me an opportunity to defend against the entry of judgment. In executing
the Installment Sales Contract, being fully aware of my rights to advance notice and to a
hearing to contest the validity of any judgment or other claims that Sellers may assert
against me under the Installment Sales Contract, I am knowingly, intelligently, and
voluntarily waiving these rights, including any right to advance notice of the entry of
judgment, and I expressly agree and consent to Sellers entering judgment against me
by confession as provided for in the confession of judgment provision. INITIALS:
B. I further understand that in addition to giving Sellers the right to enter
judgment against me without advance notice or a hearing, the confession of judgment
provision in the Installment Sales Contract also contains language that would permit
Sellers, after entry of judgment, to execute on the judgment by foreclosing upon,
attaching, levying on, taking possession of or otherwise seizing my property, in full or
partial payment of the judgment. However, Sellers must provide notice to me under
applicable law in executing any confessed judgment. In executing the Installment Sales
Contract, being fully aware of my rights to advance notice and a hearing after judgment
is entered and before execution on the judgment, I am knowingly, intelligently and
voluntarily waiving these rights, and I expressly agree and consent to Sellers's
executing on the edgment, in any manner permitted by applicable state and federal
law. INITIALS. ((..
C. After having read and determined which of the following statements are
applicable, and by placing my initials next to each statement which applies, I represent
that:
INITIALS
CNI 1. 1 was represented b m ow
by y n independent legal counsel in connection
with the Installment Sales Contract.
LJ ,.
2. A representative AM specifically called the confession of judgment
provision in the Installment Sales Contract to my attention.
D. I certify that my annual income exceeds $10,000; that the blanks in this
disclosure were filled in when I initialed and signed it; and that I received a copy at the
time of signing,
This disclosure has been signed and sealed by?h undersigned,.
AFFIANT: ! ?? r
(SEAL)
Linda L, Jackman
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200905395
Recorded On 2/26/2009 At 11:47:15 AM
* Instrument Type - AGREEMENT OF SALE
Invoice Number - 37969 User ID - MBL
* Grantor - EWING, LINDA M
* Grantee - JACKMAN, LINDA L
* Customer - NIVEN BAIRD
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $17.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $43.00
* Total Pages - 8
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
of cuy
e
0 11
- RECORDER O /DE D S
1730
'' - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
1981111I1111111111II11111
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date
by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed
as follows:
Ms. Linda Ewing
447 Wileman Road
Lynch Station, VA 24571
Stephen R. Maitland, Esquire
61 West Louther Street
Carlisle, PA 17013
(Attorney for Garnishee, Linda Jackman)
David A. Baric, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
(Attorney for Martha Shelly)
MARTSON LAW OFFICES
?U,4 ) V?,
Price
TM E s High Street
Carlisle, PA 17013
(717) 243-3341
Dated: Vls)d 7
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson I
Sheriff h
Jody S Smith Chief Deputy L ` ;'D L: '3
Edward L Schorpp
Solicitor
Linda Ewing (et al.)
vs. Case Number
Steven McCarren (et al.) 2007-6918
SHERIFF'S RETURN OF SERVICE
06101/2009 11:02 AM - Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on June 1,
2009 at 1102 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Martha Shelly, in the hands, possession, or control of the within
named garnishee, Linda Jackman, 265 South Hanover Street, Carlisle, Cumberland County,
Pennsylvania, 17013 by handing to Linda Jackman, Garnishee personally three copies of interrogatories
together with three true and attested copies of the writ of execution and made the contents there of known
to her. Jackman was served at the Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303,
Carlisle, Cumberland County, Pennsylvania, 17013.
The writ of execution and notice to defendant was mailed on June 1, 2009 at 447 Wileman Road, Lynch
Station, VA 24571.
03/31/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $92.64 SO ANSWERS,
21
March 31, 2010 RON R ANDERSON, SHERIFF
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F:\FILES\Clients\12532 McCarren\12532.1.Pra.reissue writ
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Jacob M. Theis, Esquire
Attorney I.D. No. 208631
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARTHA SHELLY and
LINDA EWING,
Plaintiffs
V.
STERMAC, LLC and
STEVEN McCARREN,
Defendants
20I?1 PE~ -3i
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6918 CIVIL TERM
CIVIL ACTION - EQUITY
PRAECIPE TO ISSUE WRIT OF EXECUTION
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
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Re-issue a writ of execution in the above matter,
(1) directed to the Sheriff of Cumberland County;
(2) against Plaintiff Martha Shelly, 447 Wileman Road, Lynch Station, Virginia, 24571;
(3) against Linda Jackman (Garnishee), 36 West Pomfret Street, Carlisle, PA 17013, by
way of personal service under Pa.R.C.P. 402(a);
(4) and enter this writ in the judgment index against Plaintiff Martha Shelly;
(5) The amount due $50,000.00
Interest from August 1, 2008, at
the rate of $8.22 per day $
Costs to be added $
Total $
¢a.oo IJue 00
Direct the Cumberland County Sheriff to personally serve upon the Garnishee a Writ of Execution
thereby levying against the intangible personal property and/or rents of Plaintiff Martha Shelly held
by Garnishee pursuant to Pa.R.C.P. 3108(a)(4). &* 42375AU
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* To be determined by the Sheriff of Cumberland County
MARTSON LAW OFFICES
By: y
stop her E. ire
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: ?? ?-?? Attorneys for Defendants
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Ms. Martha Shelly
447 Wileman Road
Lynch Station, VA 24571
Linda Jackman
236 West Pomfret Street
Carlisle, PA 17013
MARTSON LAW OFFICES
By: l r
M Price
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: % 7 P?)
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-6918 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due STERMAC, LLC and STEVEN McCARREN
Defendant (s)
From MARTHA SHELLY, 447 Wileman Road, Lynch Station, VA 24571
(1) You are directed to levy upon the property of the plaintiff (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
LINDA JACKMAN (Garnishee), 36 West Pomfret Street, Carlisle, PA 17013
Levy against the intangible personal property and/or rents of Plaintiff, Martha Shelly held by
Garnishee.
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 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 him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $50,000.00
L.L.
Interest from 8/1/08 at rate of $8.22 per day
Atty's Comm %
Atty Paid $185.14
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: 4/9/10
(Seal)
Deputy
REQUESTING PARTY:
Name JACOB M. THEIS, ESQUIRE
Address: MARTSON LAW OFFICES
10 EAST HIGH STREET
CARLISLE, PA 17013
Attorney for: DEFENDANT
Telephone: 717-234-3341
Supreme Court ID No. 208631
By:
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson F _
Sheriff ;7 T1 : '
Jody S Smith
Chief Deputy 201011 MAY -5 1 IP°I : ? 1
Edward L Schorpp Cl Solicitor OFPCE 0'-P SHERIFF
Linda Ewing (et al.)
vs. Case Number
.
Steven McCarren (et al.) 2007-6918
SHERIFF'S RETURN OF SERVICE
05/04/2010 02:05 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 4,
2010 at 1405 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Martha Shelly, in the hands, possession, or control of the within
named garnishee, Linda Jackman, 36 W Pomfret Street, Carlisle, Cumberland County, Pennsylvania
17013, by handing to Linda Jackman, Garnishee personally two (2) true and attested copies of the writ of
execution and made the contents there of known to her. Jackman was served in the Cumberland County
Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013.
The writ of execution and notice to defendant was mailed on May 4, 2010 to Martha Shelly at 447 Wileman
Road, Lynch Station, VA 24571 via certified mail.
SO ANSWERS,
May 04, 2010 RON R ANDERSON, SHERIFF
Michael B rick, Deputy
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