HomeMy WebLinkAbout08-0184Strokoff & Cowden, P.C.
James L. Cowden, Atty. I.D. #20082
Jennifer A. Nachamkin, Atty I.D. #200931
132 State Street, PO Box 11903
Harrisburg, PA 17108-1903
(717) 233-5353
ilc@strokoffandcowden.com
NORMAN and DOLLIE YOUNG,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TOM NOONAN and CAPITAL FENCE
CO., INC., CIVIL ACTION - EJECTMENT
AND DAMAGES PURSUANT TO
Defendant COMMERCIAL LEASE
N 0 T I C E
TO: TOM NOONAN and CAPITAL FENCE CO., INC.
835 Pear Street, Lemoyne, PA 17043 OR
1910 High Street, Camp Hill, PA 17011
A JUDGMENT for possession of real property HAS BEEN
ENTERED AGAINST YOU and in favor of the Plaintiffs without prior
notice and hearing based on an agreement to enter judgment in an
amicable action of ejectment contained in a lease agreement
executed by you. The sheriff may remove you from the leased
premises at any time after thirty days after the date on which
this notice is served on you.
You may have legal rights to defeat the judgment or to
prevent your being removed from the property. ANY PETITION
SEEKING RELIEF FROM THE JUDGMENT MUST BE FILED WITHIN THIRTY
(30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU
OR YOU MAY LOSE YOUR RIGHTS.
1
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-910
2
Strokoff & Cowden, P.C.
James L. Cowden, Atty. I.D. #20082
Jennifer A. Nachamkin, Atty I.D. #200931
132 State Street, PO Box 11903
Harrisburg, PA 17108-1903
(717) 233-5353
jlc@strokoffandcowden.com
NORMAN and DOLLIE YOUNG, IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. Q ?_ ?tI CtJo? -?u.+?
TOM NOONAN and CAPITAL FENCE
CO., INC., CIVIL ACTION - EJECTMENT
AND DAMAGES PURSUANT TO
Defendant COMMERCIAL LEASE
A V T C n
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse
de las demandas que se presentan mds adelante en las siguientes
pdginas, debe tomar accion dentro de los proximos veinte (20)
dias despues de la notificacion de esta Demanda y Aviso
radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus
defensas de, y objecciones a, las demandas presentadas aqui en
contra suya. Se le advierte de que si usted falla de tomar
accion como se describe anteriormente, el caso puede proceder
sin usted y un fallo por cualquier suma de dinero reclamada en
la demanda o cualquier otra reclamacion o remedio solicitado por
el demandante puede ser dictado en contra suya por la Corte sin
mds aviso adicional. Usted puede perder dinero o propiedad u
otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE
OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE
COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A
PERSONAS QUE CUALIFICAN.
3
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Strokoff & Cowden, P.C.
James L. Cowden, Atty. I.D. #20082
Jennifer A. Nachamkin, Atty I.D. #200931
132 State Street, PO Box 11903
Harrisburg, PA 17108-1903
(717) 233-5353
jlc@strokoffandcowden.com
NORMAN and DOLLIE YOUNG,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TOM NOONAN and CAPITAL FENCE
CO., INC.,
Defendant
NO. e-IAI
CIVIL ACTION - EJECTMENT
AND DAMAGES PURSUANT TO
COMMERCIAL LEASE
AMICABLE ACTION OF EJECTMENT
Pursuant to Rule Number 1063 of the Pennsylvania Rules
of Civil Procedure, Plaintiffs Norman and Dollie Young by and
through their attorneys, Strokoff & Cowden, P.C., hereby file
the following Amicable Action of Ejectment against Defendants
Tom Noonan and Capital Fence, Inc., averring as follows:
1. Plaintiffs, Norman and Dollie Young, are husband
and wife and reside at 42 North Fourth Street, Lemoyne,
Pennsylvania.
2. Plaintiffs were at all times mentioned in this
Complaint, and still are, the owners and are entitled to the
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present possession of certain real property located at 835 A
Pear Street, Lemoyne, Pennsylvania.
3. Defendant Capital Fence Co., Inc., is a
Pennsylvania corporation with an office address located at 835 A
Pear Street, Lemoyne, Pennsylvania.
4. Defendant, Tom Noonan, is an adult individual
whose last known address was 1910 High Street, Camp Hill,
Pennsylvania. He is president and owner of Capital Fence Co.,
Inc., and maintains a business address of 835 A Pear Street,
Lemoyne, Pennsylvania.
5. on July 1, 2003, Defendants, as lessees, entered
into a commercial lease agreement with Plaintiffs, as lessors,
for commercial space consisting of 2,500 square feet at the east
end of the first floor of the building situated at 835 A Pear
Street, Lemoyne, Pennsylvania (the "leased premises"). A true
and correct copy of said lease agreement is attached hereto,
made a part hereof, and marked as Exhibit "A."
6. According to paragraph 2 of the lease agreement,
the term of the lease shall be month-to-month.
7. Plaintiff sent Defendant a letter by certified
mail dated August 1, 2007. Defendant, Tom Noonan, by his
signature, received same on September 15, 2007. The letter of
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August 1, 2007, and its return receipt are attached herein as
Exhibit "B".
8. The August 1, 2007 letter stated, "This letter is
formal notice to you of our desire to terminate your lease on
December 31, 2007.11 (Exhibit B)
9. The August 1, 2007 letter also stated, "Please
not that it is essential that you vacate the building by
December 31, 2007, because the new tenant will be moving in the
next day." (Exhibit B)
10. Defendant did not vacate the property by December
31, 2007, and at the time of filing had not surrendered
possession of the leased premises.
11. Pursuant to paragraph 13 of the lease agreement,
Plaintiffs and Defendants have agreed that,
"[a]t the end of said term or any renewal term
thereof, whether the same shall be determined by
forfeiture, expiration of the term or breach of any
conditions of the lease agreement, it was agreed that
an amicable action of ejectment may be entered in the
Court of Common Please of Cumberland County in which
the Lessor, its heirs or assigns, shall be Plaintiff,
and the Lessee and all who come into possession during
the term or continuances of this Lease or under the
Lessee shall be Defendants, that judgment may be
entered thereupon in favor of Plaintiff, without leave
of court, for the premises above described to have the
same force and effect as if a summons in ejectment had
been regularly issued, legally served and returned and
that writs of habere facias possessionem with clause
of fi. fi. for all costs may be issued forthwith,
waiving all errors and defects whatsoever in entering
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17. By reason of Defendant's wrongful acts, Plaintiff
has been deprived of the possession and use of the Leased
premises, and has sustained and will continue to sustain damage
until Defendant delivers possession of the leased premises to
Plaintiff.
WHEREFORE, Plaintiffs demand (1) judgment in ejectment
against Defendants for immediate possession of the above-
described premises, as authorized by paragraphs 13 and 14 of the
lease agreement; (b) payment of all damages for all losses of
taxes and rental payments; and (c) all allowable damages arising
from Defendants' unlawful use and possession of the leased
premises.
By
D. o. 20082
er A. Nachamkin
I.D. No. 200931
Date: ?(• 0? 132 State Street
PO Box 11903
Harrisburg, PA 17108-1903
(717) 233-5353
Respectfully submitted,
STROKOFF & COWDEN, P.C.
L-i-4 0 0 a,???
mes Cowd n
ennif A
5
said judgment, also waiving rights of appeal, writ of
error or stay upon any writs of habere facias
possessionem which may issue upon the same."
Exhibit A ¶ 13
12. According to paragraph 14 of the lease agreement,
Lessee [Defendant] hereby accepts notice to quit,
remove from and surrender up possession of the said
leased premises to the said Lessor [Plaintiff], its
heirs or assigns, at the expiration of the said term,
whenever it may be determined, whether by forfeiture
or otherwise, without any further notice to that
effect, all further notice being hereby waived.
Id. at ¶ 14
13. Defendant has willfully remained in possession of
the property after notice to vacate, has refused, and still
refuses to quit the leased premises, and still occupies the
leased premises.
14. Defendant has not paid rent on the leased
premises for any time after December 31, 2007.
15. Plaintiff has another tenant ready to take
possession of the leased premises. The new tenant cannot take
possession until Defendants quit the leased premises.
16. The rental value of the Leased premises is
$1800.00 per month plus 25 percent of the amount of all real
estate taxes (school, borough, and county levied on the
property.
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Jul 31 07 02:12p p,1
s
' AGREEMENT OF LEASE
THIS AGREEMENT made in duplicate original this 1" day of Ju , 2003, between
NORMAN and DOLLIE YOUNG, of 42 N. Fourth St. Lemoyne, P&(hereinafter called
"Lessor"), and TOM NOONAN and CAPITAL FENCE CO., INC. with offices at 835A
Pear St. Lemoyne, Pa. (hereinafter called "Lessee").
WITNESSETH:
1 Lessor does, by these presents, lease and demise
unto Lessee the following described premises, to wit: the 2,500
square foot portion of the building (building known and numbered
as 835A Pear Street, Lemoyne, Pennsylvania 17043) as shown on
the building diagram attached as Exhibit A hereto and hereby
incorporated herein.
2. The term of this Lease shall be month-to-month.
3. The leased premises shall be occupied by the Lessee
for use as business offices for Lessee's fence company. Lessor shall
supply water and sewer, but Lessee shall obtain and pay for its
electricity.
4. The Lessee shall pay as rental for use of the leased
premiseslas follows: Beginning July 1,2003, a base rental in the
amount of Nine Hundred Dollars($900.00), per month, in advance
on the first day of each calendar month, plus 25 percent of the
amount of all real estate taxes (school, borough, and county) levied
on the property. The face amount of each tax bill shall be prorated
over a twelve month period and one-twelfth shall be paid each
month as part of the rent. Lessor shall give Lessee written notice of
any changes in the amount of taxes being prorated.
EXHIBIT
Jul 31 07 02:12p
5. Lessee acknowledges that Lessor has informed him
of his intent to obtain a mortgage on the property, and Lessee
agrees to execute, from time to time, as requested by Lessor, any
appropriate document requested by a mortgagee acknowledging the
priority of the mortgage.
6. Lessor acknowledges the receipt from Lessee of the
sum of Eight Hundred Dollars($800.00) to be held as security for
the payment of rent and any other sums of money that might be
payable by Lessee under this Lease and for the faithful performance
of Lessee's obligations under this Lease. The amount of such
security deposit, without interest, shall be refunded to Lessee after
the termination of this Lease, provided Lessee shall have made all
payments and performed all covenants required by this Lease
Agreement.
7. Lessor shall, at its sole expense, keep all structural
portions of the demised premises, including the foundations, walls, roof
and exterior portions thereof in tenantable condition, sightly
appearance, and in good order and repair, and shall keep all water and
sewer pipes and other appurtenances on the exterior of the demised
premises in good order and repair. Lessor shall also be responsible for
the clearing of snow and ice from the sidewalks and parking areas
servicing the premises.
p.2
Jul 31 07 02:13p
8. All alterations, additions and improvements to be
put in by Lessee must first receive the prior written approval of Lessor,
which shall not be unreasonably withheld or delayed. Lessee shall, no less
than thirty (30) days before alterations, additions and improvements are
commenced, record with the Prothonotary of Cumberland County, an
appropriate stipulation against the filing of mechanics liens or in favor of
mechanics liens, and provide timely proof of same to Lessor. All
alterations, additions and improvements shall be done in a good and
workmanlike manner, conforming to all applicable local, state and federal
codes, ordinances, laws, statutes and regulations.
9. All alterations, additions and improvements, except
kitchen and trade fixtures, put in at the expense of the Lessee, shall become
the property of the Lessor and shall remain upon and be surrendered with
the premises as part thereof at the expiration of the Lease Agreement.
10. Lessee shall not assign this Agreement or sublet or
subdivide the leasehold without the consent of the Lessor in writing. And
further, even in the event of an assignment, sublease or subdivision, Lessee
shall still at all times, be and remain responsible for the rent hereunder and
the compliance with all the other terms and conditions on the part of
Lessee herein to be performed.
11. In case of damage to the premises or building by
fire, or any other cause, Lessee shall give immediate notice to Lessor.
Lessor shall cause any such fire damage to the Building or parts thereof to
be repaired forthwith at Lessor's expense and shall allow a fair abatement
or diminution of rental in proportion to the time and to the extent to which
the premises are untenantable. Should the Lessor, because of any law or
regulations, strike, riot, war or state of emergency or other reason, be
unable to restore the Building or the demised premises within a period of
one hundred and twenty (120) days from the date of mailing of the notice
by registered mail of the fire damage sent by the Lessee, either party, at its
option, shall have the right to terminate the Lease, whereupon all rights and
obligations of either party shall be terminated as of the date of said fire
damage. Should Lessee have paid any monthly rental in advance, Lessor
shall refund to Lessee on a per diem basis the rent paid for the period
beyond the fire damage and redelivery of possession of the demised
premises to the Lessor.
12. Lessee hereby authorizes Lessor to confess
judgment for the rent reserved under this Agreement of Lease, together
p.3
Jul 31 07 02:13p
with an attorney fee of ten (10%) percent for collection and execution may
be issued thereon from time to time for any rent due and owing under this
lease, and judgment in ejectment as herein provided may be entered
concurrently therewith.
13. At the end of said term or any renewal term thereof
whether the same shall be determined by forfeiture, expiration of the term
of upon breach of any conditions of this Lease, it is agreed that an amicable
action of ejectment may be entered in the Court of common pleas of
Cumberland County in which the Lessor, its heirs or assigns, shall be
plaintiff, and the Lessee and all who come into possession during the term
or continuances of this Lease or under the Lessee shall be defendants, that
judgment may be entered thereupon in favor of plaintif, without leave of
court, for the premises above described to have the same force and effect
as if a summons in ejectment had been regularly issued, legally served and
returned and that writs of hakes facias possessionem with clause of fi.f.
for all costs may be issued forthwith, waiving all errors and defects
whatsoever in entering said judgment, also waiving rights of appeal, writ of
error or stay upon any writs of habere facias nossessionem which may issue
upon the same.
p.4
Jul 31 07 02:13p
14. Lessee hereby accepts notice to quit, remove from
and surrender up possession of the said leased premises to the said Lessor,
its heirs or assigns, at the expiration of the said term, whenever it may be
determined, whether by forfeiture or otherwise, without any further notice
to that effect, all further notice being hereby waived. And on failure to pay
rent due, for the space of ten (10) days besides the distress or upon breach
of any other condition of this Lease, the Lessee shall be a non-tenant,
subject to the dispossession by the said Lessor, without further notice or
process of law, with release of error and of damages, and the said Lessor
may re-enter the premises and dispossess the Lessee without thereby
becoming a trespasser. And the Lessee hereby waives the benefit of all
exemption laws of the Commonwealth that now are in force or may
hereafter be in force, or in any action or actions that may accrue on this
contract, and in any distress or distress that may be made for collection of
the whole of said rent or any part thereof, waiving also the benefit of stay
of execution, inquisition extension and all errors in all proceedings arising
out of this lease.
15. The Lessee will bear, pay and discharge when and as
the same become due and payable, all judgments and lawful claims for
damages or otherwise against said Lessor arising from Lessee's use or
occupancy of said leased premises except when arising from Lessor's
negligent or intentional conduct, and will assume the burden and expense
of defending all such suits, whether brought before or after the expiration
of this Lease, and will protect, indemnify and save harmless the said
Lessor, its agents, servants, and employees, and public at large by reason of
or on account of the use or misuse by Lessee of the premises hereby leased,
or any part thereof, due to the negligence of the Lessee or the agents of the
Lessee.
P.5
Jul 31 07 02:13p
1'o And in consideration of securing the within Lease at
the above-stated rent, said Lessee does hereby release and
discharge said Lessor, its heirs and assigns, from any and all liability
for damage that may result from bursting, stoppage and leakage of
any water pipe, gas pipe, sewer, basin, water closet, steam pipe and
drain, and from all liability for any and all damage caused by the
water, gas, steam, waste and contents of said water, gas, steam,
waste and contents of said water pipes, gas pipes, steam pipes,
sewers, basins, water closets drains; provided, however, that the
release in this paragraph shall not be effective to relieve Lessor
from liability should any such damage result from: the failure of the
Lessor to prevent the occurrence thereof after Lessee has given it
notice of any defect in the demised premises which the Lessor is
required to keep in repair.
17, Lessee will maintain in full force and effect for the
duration of this Lease, liability insurance, issued by an "A" rated
company licensed to do business in Pennsylvania, in the minimum
amount of One Million ($1,000,000.00) Dollars coverage, with the
Lessor named as an additional insured. The Lessee will bear, pay
and discharge when and as the same become due and payable, all
judgments and lawful claims for damages or otherwise against said
Lessors arising from its use or occupancy of said leased premises,
and will assume the burden and expense of defending all such suits,
whether brought before or after the expiration of this Lease, and
will protect, indemnify and save harmless the said Lessor, ; f t' f z
agents, servants, employees, and public at large by reason of, or on
account of, the use or misuse of the premises hereby leased, or any
part thereof, due to the negligence of the Lessee or the agents of
the Lessee.
The Lessee does also hereby waive any and all
demands for payment of the rent herein provided for, either on the
day due or on any other day, either on the land itself or in any other
place, and agrees that such demand shall not be a condition of re-
entry or of recovery of possession without legal process or by
means of any action or proceedings whatsoever.
p.6
Jul 31 07 02:13p
9 It is mutually agreed that neither of the parties
hereto shall be liable to the other party for any loss or damages
which may be sustained by either of the parties hereto, or by their
property, real or personal, or by their business as a result of fire,
whether or not such loss or damage shall be caused by. or be. due to
the negligence of respective parties hereto, or their officers,
directors, agents, servants, employees or patrons. Each of the
parties hereto waives the right of recovery against the other party
for any such loss or damage which may occur during the term
hereof
2XI All notices required to be given hereunder shall be
sent by registered or certified. mail, and when sent to Lessor shall be
addressed to Lessor at its last known address, or at such other
place as Lessor may hereinafter designate in writing, and when sent
to Lessee, shall be addressed to Lessee at 835 Pear Street,
Lemoyne, Pennsylvania 17043, or such place as may hereafter be
designated in writing.
2f. Lessor shall have the right, at all reasonable times,
by its partners, or by its duly authorized agents, to go upon and
inspect the premises and every part thereof and/or at its option, to
make repairs, alterations and additions to the premises or the
building of which the leased premises is a part, so long as it shall
not unreasonably interfere with Lessee's use of the premises.
22- It is expressly understood by the parties that the
whole Agreement is embodied in this Agreement, and that no part
or item is omitted.
2,3 The parties to this indenture of Lease intend to be
legally bound thereby and intend it shall bind their heirs, executors,
administrators, and assigns.
P.7
Jul 31 07 02:14p
IN WITNESS WEEREOF, the parties have hereunto set their hands and seals the
day and year first above written.
wt?ess
1
Witness
By: o-
sor
B-
Lessee
p.8
NORMAN YOUNG PROPERTIES
42 N. FOURTH ST.
LEMOYNE,PA.17043
AUGUST 1,2007
TOM NOONAN
CAPITAL FENCE CO.,INC.
835A PEAR ST.
LEMOYNE,PA. 17043
DEAR TOM:
PM SURE THAT YOU KNOW THAT YOU ARE OCCUPYING THE SPACE
RENTED TO YOU BY DOLLIE AND ME AT 835A PEAR ST., LEMOYNE, ON A MONTH-
TO-MONTH LEASE.
THIS LETTER IS FORMAL NOTICE TO YOU OF OUR DESIRE TO TERMINATE
YOUR LEASE ON. DECEMBER 31,2007.
UNDER THE LEASE YOU HAVE THE OPTION OF TERMINATING SOONER
THAN THAN THE ABOVE DATE BY LETTING US KNOW AT LEAST A MONTH IN
ADVANCE. WE WANTED TO GIVE YOU MORE NOTICE THAN THAT TO GIVE YOU
PLENTY OF TIME TO RELOCATE YOUR BUSINESS.
I AM AWARE THAT MR. BILL GRACE, WHO OWNS A BUILDING NEXT TO
YOUR PRESENT QUARTERS, HAS SPACE AVAILABLE THAT MIGHT BE SUITABLE
FOR YOU.
I AM ALSO WILLING TO VOLUNTEER MY TIME TO HELP YOU CLEAR YOUR
EQUIPMENT AND MATERIALS OUT OF THE SPACE IF YOU GIVE ME ADEQUATE
NOTICE.
WE HAVE APPRECIATED YOU BEING A TENANT IN OUR BUILDING. WE ARE
TERMINATING YOUR LEASE ONLY BECAUSE ANOTHER TENANT NEEDS TO
EXPAND. PLEASE NOTE THAT IT IS ESSENTIAL THAT YOU VACATE THE BUILDING
BY DECEMBER 31,2007, BECAUSE THE NEW TENANT WILL BE MOVING IN THE
NEXT DAY.
SINCERELY,
NORM YOUNG
EXHIBIT
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NORMAN and DOLLIE YOUNG, No.
Plaintiffs
V.
TOM NOONAN and CAPITAL FENCE
CO., INC.,
Defendants
VERIFICATION
I, NORMAN YOUNG, certify that the statements made in
the foregoing Complaint 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 unsworn falsification to authorities.
NORMAN YOUN
DATE : I -e-6
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Strokoff & Cowden, P.C.
James L. Cowden, Atty. I.D. #20082
Jennifer A. Nachamkin, Atty I.D. #200931
132 State Street, PO Box 11903
Harrisburg, PA 17108-1903
(717) 233-5353
jlc@strokoffandcowden.com
NORMAN and DOLLIE YOUNG, IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. D8- 1$4 C?Vt I Term
TOM NOONAN and CAPITAL FENCE
CO., INC., CIVIL ACTION - EJECTMENT
AND DAMAGES PURSUANT TO
Defendant COMMERCIAL LEASE
PRAECIPE TO ENTER JUDGMENT
To the Prothonotary:
Please enter Judgment in Ejectment in the above-
captioned matter pursuant to paragraph 13 of the Lease Agreement
(attached to the AMICABLE ACTION OF EJECTMENT as Exhibit "All)
in favor of Plaintiffs, Norman and Dollie Young and against
Defendants Tom Noonan and Capital Fence, Inc., for possession of
the real property described and defined in the Lease as 2,500
square feet of commercial space at the east end of the first
floor of the building situated at 835 A Pear Street, Lemoyne,
Pennsylvania.
DATED: 01f23j08
J ni er . Nachamkin
w
• s
Strokoff & Cowden, P.C.
James L. Cowden, Atty. I.D. #20082
Jennifer A. Nachamkin, Atty I.D. #200931
132 State Street, PO Box 11903
Harrisburg, PA 17108-1903
(717) 233-5353
jlc@strokoffandcowden.com
NORMAN and DOLLIE YOUNG,
Plaintiffs
V.
TOM NOONAN and CAPITAL FENCE
CO., INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - EJECTMENT
AND DAMAGES PURSUANT TO
COMMERCIAL LEASE
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have this day served
a true and correct copy of the foregoing document by first-class
mail, postage prepaid, on the following person(s):
Tom Noonan
331 Stumpstown Road
Mechanicsburg, PA 17055
Dated: 01/23/08 By: -AT enn .er Nachamkin
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Strokoff & Cowden, P.C.
James L. Cowden, Atty. I.D. #20082
Jennifer A. Nachamkin, Atty I.D. #200931
132 State Street, PO Box 11903
Harrisburg, PA 17108-1903
(717) 233-5353
jlc@strokoffandcowden.com
NORMAN and DOLLIE YOUNG, IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08-184 Civil Term
TOM NOONAN and CAPITAL FENCE CIVIL ACTION - EJECTMENT AND
CO., INC., DAMAGES PURSUANT TO COMMERCIAL
Defendant LEASE
TO: TOM NOONAN and CAPITAL FENCE CO., INC.
835 Pear Street, Lemoyne, PA 17043 OR
331 Stumpstown Road, Mechanicsburg, PA 17055
Date: January 30, 2008
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, 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.
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CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
STROKOFF & COWDEN, P.C.
r
By: ?/11141
mes . Co den
D. No. 20082
Jennifer A. Nachamkin
I.D. No. 200931
Date: Oi.3 132 State Street
PO Box 11903
Harrisburg, PA 17108-1903
(717) 233-5353
2
CASE NO: 2008-00184 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
YOUNG NORMAN ET AL
VS
NOONAN TOM ET AL
SHARON LANTZ
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
NOONAN TOM
was served upon
the
DEFENDANT , at 2019:00 HOURS, on the 15th day of January , 2008
at 331 STUMPSTOWN ROAD
MECHANICSBURG, PA 17055
TOM NOONAN
by handing to
a true and attested copy of COMPLAINT - EJECTMENT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.60
Affidavit .00
Surcharge 10.00
00
/ 37 '60
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
01/16/2008
STROKOFF & COWDEN
By: n A
Deputy "Sher
A.D.
s. , .
CASE NO: 2008-00184 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
YOUNG NORMAN ET AL
VS
NOONAN TOM ET AL
SHARON LANTZ Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT was served upon
CAPITAL FENCE INC
the
DEFENDANT , at 2019:00 HOURS, on the 15th day of January , 2008
at 331 STUMPSTOWN ROAD
MECHANICSBURG, PA 17055
TOM NOONAN, OWNER
by handing to
a true and attested copy of COMPLAINT - EJECTMENT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
J/,., j j 4 00
16.00
Sworn and Subscibed to
before me this
day
of
So Answers:
! r K V ?' ?
R. Thomas Kline
01/16/2008
STROKOFF 7 COWDEN
ell
By:
I .. I -., - z ? i k," ?Z-.
Deputy Sheriff
A.D. /
Strokoff & Cowden, P.C.
James L. Cowden, Atty. I.D. #20082
Jennifer A. Nachamkin, Atty I.D. #200931
132 State Street, PO Box 11903
Harrisburg, PA 17108-1903
(717) 233-5353
ilc@strokoffandcowden.com
NORMAN and DOLLIE YOUNG,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TOM NOONAN and CAPITAL FENCE
CO., INC.,
Defendant
NO. 08-184 Civil Term
CIVIL ACTION - EJECTMENT
AND DAMAGES PURSUANT TO
COMMERCIAL LEASE
PRAECIPE FOR WRIT OF POSSESSION
To the Prothonotary:
Issue writ of possession in the above matter for
Norman and Dollie Young, at $35 A Pear Street, Lemoyne,
Pennsylvania.
To satisfy the costs against Tom Noonan and Capital
Fence Co., Inc., you are directed to levy upon any property of
Tom Noonan and Capital Fence Co., Inc., and sell his or her
interest therein.
STROKOFF & COWDEN, P.C.
By
Ja e L. Cowden, ID #20082
Jen fer A. Nachamkin, ID #200931
Dater 2p0 132 State Street, PO Box 11903
Harrisburg, PA 17108-1903
(717) 233-5353
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I of 2
WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NORMAN AND DOLLIE YOUNG
VS. No. 08-184 Civil Term_
TOM NOONAN AND CAPITAL
FENCE CO., INC.
Costs
Attorney's $ 170.10
Plaintiff's $
Prothonotary $ 2.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Cumberland County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver
possession of the following described property to: (Plaintiff (s))
NORMAN AND DOLLIE YOUNG
being: (Premises as follows):
835 A PEAR STREET, LEMOYNE, PA
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any
property of the defendant (s) and sell his/her (or their) interest therein.
J. qJ5
P, 4L--#%0V
P%ow
Curtis. Long, Proth ary,
Common Pleas urt of Cumb land County, PA
Date MARCH 17, 2008
(Seal)
2of2
No 08-184 Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NORMAN AND DOLLIE YOUNG
VS.
TOM NOONAN AND CPAITAL FENCE CO., INC.
835 A PEAR STREET
LEMOYNE, PA
WRIT OF POSSESSION
P.R.C.P. 3160-3165 ETC.
Costs
Att'y $ 170.10
Plff (s) $
Prothy $ 2.00
Sheriff $
Plaintiff (s) attorney name and address:
JAMES L. COWDEN, ESQUIRE
STROKOFF & CROWDEN, P.C.
132 STATE STREET
PO BOX 11903
HARRISBURG, PA 17108-1903
717-233-5353
I.D.# 20082
Attorney for Plaintiff (s)
By virtue of this writ, on the
named
appurtenances, and
Where papers may be served
day of . I caused the within
_, to have possession of the premises described with the
Sworn and subscribed to before me this
Day of ,
So Answers,
By
Sheriff
Prothonotary Deputy