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Home My WebLink About08-1456COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS g4"AJudicial District, County Of ?U?I1 ??(Gha( NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0g-145(0 (21,V11 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF D.J. I?od'u le-I, a l L%!; INe;bl1 y 09--?-021- ViV ;. •, ' 6.484 ADDRESS OF APPELLANT CITY TATE ZIP CODE 1 C. ati kwdd?l Q?i?c. Carers /t P0013 DATE 07 JUITMENT IN THE ASE OF (Plaintiff) (Defendant}' 2l ? dg THE ASE Qt,itae-h t erru Vs V? g[r (^Je?? ? u..W Liti k/of "14 LT- 00000 Z 6 - O 8' This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This. section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (JG? y [ aae h appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. b g - (r 5? )within twenty (20) days after service r o r ry o judgment of non pros. / Signature of appellant or attorney or agent RULE: To CT??y f??GJCr? ?tf'I'l? ,appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YO . (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 14at ch 20 t)8 --- -- Signatu a of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) GAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served El a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 AOPC 312A - 02 ? Q .. ? r? t ?'` _t V1 ILL po 6 LO v Ln D X ?rE18% F?E?; 1E0:12 5555555555555 1111111111111.111111 PAGE 01 COMMONWEAL F PENNSYLVANIA COUNTY OF: NOTICE JUDGMENT/TRANSCRIPT 4 M0-Ow NO.. INTIFF, 1 S IDENTIAL LEASE MW Name: Man. 3-02 r NAME -d ADDREM9 =i GMT 9 e p AWAMs: po " 8, PJL 17324 27 N i XI M 2F1.=0 AVZ L. J TX Tahph": (717) PA DEFENDANT -3107 17241 FiMINLzr Vs. "An"e°'b"°oaESs ma ? ? 14 i OAM m, >R ?L . I Dl Xn WD CA111L=ate, PAL 17013 LILT L 14 = J CAZLIBLRI P 7013 Docket No.: L -0000036-08 Date Filed- 2/01/08 ' TM 18 TO NOTIFY YO AT- Judgment: I Judgment was ant for: (Name) O?I? Judgment was ent 0 L against LXr. LILT andlord/Tenant The amount of tent in the amount of $-3, 209 23 on 2 month as established b in a {Dat Judgment) The total amount of the , y the Magisterial District Jud city Deposit is $ 00 sa is $ Rent in Arrears Ph sical D Total Amount Establish b p,? ie $ 6 V 3i_?' Security $ posit AppliIe?dd - Adjud" ed Wu y amages L Damages/UnjuSt Deten Id Property $ 00 _ $ 50 •? Less Amt bue Defendent from rOs Interest (If proV' Complaint by lease) $ n ? Attachment Prohibit L/TJudgment e 07e unt $ 'a 42 Pa.C.S. § 8127 Judgment Costs AN $ a AN This case dismi Attorney Fees h $ an out prejudice. Total J udgmmnt _ $ 3.209 23 ? Possession granted P . ost Judgment C its $ ^ Post Judgment C sts Possession granted oney judgment is n sa Is y ?meCw? Total $ Possession not 9ra ? Defenda t n s a jointly and severally liable IN AN ACTION N VOLvING TEN DAYS AFTER THE DATE O SIDENTIAL LEASE, ANY PARTY HAS THE RIGHT To APPEAL NTRY OF JUDGMENT BY FILING A NOTICE OF . A JUDGMENT FOR POSSESSION Writ#N F THE COURT OF COMMON ORDER TO OBTAIN A SUPE T APPEAL WRH S, CIVIL. DIMON, THIS APPEAL WILL INCLUDE AN APPEAL S, THE APPELLANT MUST DEPOSIT WITH E PROTHONOTARYICL.ERK OF COURTS THE MONEY JUDGMENT, IF ANY. IN HREE MONTHS RENT OR TH IF A PARTY WISHES TO A THE PROTHONOT NT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS R RY/CLERK OF COURTS THE LESSER OF 10 DAYS AFTER THE DATE DO 0OURT8 OF THE COURT OF ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A OF JUDGMENT IN WftH TO FILE A NOTICE OF APPEAL SIDENTIAL LEASE, THE PARTY HAS THE P THE PARTY RUNG AN AP N PLEAS, CIVIL DIVISION. ROTHONOTARYICLERK OF EXCEPT AS OTHERWISE P HOLDER ELECTS TO CENT MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT D IN THE RULES OF CIVIL PROCEDURE FOR MAQIIUL T ?R RAPT FORM WITH THE NOTICE OF APPEAL. R ER OF COMMON PLEAS AND NO UDGMENT IN THE COURT OF COMMON PLEAS, ALL FU RTHE P R PROCESS MAY BE ISSUED BY THE MAG ' ICT JUD01ES, IF THE JUDGMENT ROCESS MUST COME FROM THE COURT UNLESS THE JUDGMENT A REQUEST FOR ENTRY OF S SETTL ISTERWL DI RED IN THE COURT OF COMMON PLEAS, ANYONE INTERE ACTION WITH THE MAGISTERIAL DISTRICT J T JUDGE. DIN THE JUDGMENT MAY FILE ES. OR OTHERWISE UDGE IF THE Ju ES WITH THE JUDGMENT. MENT DEBTOR PAYS IN FULL, f i 4 _ ` tK?- Date 14 a Ifta-mis is a rue 1' 7", rred ?pY ° e ° e p roceWin con nIn , Ma isterial District Judge a Date iu men . Ao fission expires fl nday of January, 2012, , Magisterial District Judg SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALZH OF PENNSYLVANIA COUNTY OF ?.k1 ss AFFIDAVIT, I hereby (swear) (affirm) that I served ® a cagy of the Notice of Appeal, Common Pleas No.X4456 upon the District Justice designated therein on (date of service) il41004 10 20 (If E] by personal service ® by {certified} {registered} mail, sender's receipt attached hereto, and upon the appellee, (name) &P ?JWL b . In rA cA sender's receipt attached hereto. (SWORN) AFFIRM D) AND UB RIBED BEF ? F TH! Y OF^=y? nat r fo at befo sv affidavit was made r? Five ofoffctat ^-??-ff-- My commission ex as on?1r 20 j 1 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LUl H LANE VARGAS, NOTARY PUBLIC BOROUGH OF WEST READING, BERKS COUNTY MY COMMISSION EXPIRES DEC 21 2011 -- . , 20d r '? y on ............... by personal service by (certified) (registered) mail, i ?. ?_. Signature ofaffiant AOPC 312A - 02 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS I FROM r%? rt i Judicial District, County Of ?? m ?c . r'c: had DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 08' I45io t i'yl I NOTICE OF APPEAL Notice is given that the appellant has filed in the "above Court of Common Pleas an appeal from the judgment rendered by the District Justice the date and in the case referenced below. MAG. DIST. NO. NAME OF D.J. NAME OF APPELLANT / I L r 1, Giv b F O??- - v? Iv,u,, = Vv G ? :" L+ r r? t STATE J/ CI ADD SS OF APPELLA(NT IT ZII A 1 l? _ j `- ? L^ I l i j f C t' (J ?^ F W U ?? ' ji j (Defendant)' IN THE CASE OF (Plaintiff) DATE OFIJUD?GMENT & V1/F'll e (a .4 L SIGNATURE OF APPELLANT OR "KNEY O AGENT DOCKET No: T ?- r`l i t}'f U 0 - R.C.P. D.J This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. J. No. 1001(6) in n R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within y SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary w Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE NT ( leesee Pa.R.C.P.D.J. No. 1001(7) in action before District Just IF. ..This section of form to be used ONLY when appellant was DEFENDAel NOT USED, detach from copy of notice of appeal to be served upon pp PRAECIPE: To Prothonotary f t appellee(s), to file a complaint in this app Enter rule upon Name of appellee(s) within twenty (20) days after service of'r e o r 0 judgment of non pi (Common Pleas No. d g - 1 X15 Signature of appellant or attomey nt app'61lee s)' RULE: To E3Ir'•.tY??J Pn J ?t'r tj Name of appellee(s) (1) You a Xypit oolhat a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date o /ice of this rul n you by perl service or by certified or registered mail. ( If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. The date Rf service of this rule if service was by mail is the date of the mailing. Da 20 d . ; Signatu of Prothonotat eputy `. te '?G1rch Y(*- U$T INCLUDE A C(-16Y OF THE NOTICE OF JUIDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APF 0 AOPC 312-02 v COURT FILE ru - Ln (Domestic Only, Provided) Er _0 For deliverv information visit o iw -n ur websi te at www.usps.comb r Ln Lrl $ r-q Postage WY04 ' M Certified Fee ?1! 1,9 C3 C3 Return Receipt Fee !? 15, t '9 Y P Here C3 (Endorsement Required) 10 Restricted Delivery Fee Ij, 0 a - (Endorsement Required) , Lr) rru Total Postage & Fees $ r. 1171 f 1)1?1)1I ,.-p C3 d ent To rAr aw"t"b.rr>x ------------------ ------ A t N ? " ------------------- -------- r' treet, . o.; or PO Box No. qtr P?«?•? G??? rR?p? `'? City State, ZIP+4 ------------- - _rar@(ncrt PS Form :3800. August ,.. ---------- lA - - -------------------------- 1-11241 See Reverse for Instructions Postal Ln CERTIFIED MAILT11 RE CEIPT o (Domestic On1Y; No insurance Coverage Provided) -D For dell L Lry r9 Postage $ rrt C3 Certified Fee a; ?f1 BJ "YC C3 O Return Receipt Fee 1 (Endorsement Required) 9 Post IQ H ? Restricted Delivery Fee (Endorsement Required) Oct ere B C3 r-1 rU Total Postage & Fees $ tS.2 S 03/11 !1) ,..0 0 ent To Street, Apt. No.; or PO Box No. 2.7 W. a,,- r if V I FnA . City, State, ZlP+ 4N-"""-"-•-- cww(ti I'A 17Z41 . . -------------------------------- C N CES d 17 r- -•? : i {1 DOUGLAS LAW OFFICE 43 W. SOUTH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 in the court or common rieas or Cumberland County Pennsylvania Plaintiff vs Lili M. Weibley and Rodger S. Weibley Defendants No. 08 -1456 Civil Term Compulsory Arbitration Civil Action - Law 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 DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A 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 Cumberland County Bar Association 32 S. Bedford Street r Carlisle PA 17013 717-249-3166 DATE: March 18, 2008 Complaint 1. The plaintiff, Gary L. Quesenberry, is an adult individual residing at 98 Peach Glen Road, Dickinson Township, Cumberland County, Pennsylvania. 2. The Defendants, Lili M. Weibley and Rodger S. Weibley, are adult individuals residing at 14 E. Oakwood Drive, Carlisle, Cumberland County, Pennsylvania. 3. On October 9, 2006 the defendant entered into a Commercial Lease Agreement and an addendum thereto covering the property located at 502 B2 Baltimore Avenue, Mt. Holly Springs, Pennsylvania. A copy of the lease and addendum is attached hereto. 4. Said lease agreement was for a two year period with a rental amount of $19,200.00 for said period of which $8,800.00 has been paid. 5. At the end of one year the defendants abandoned the leased property and moved their business elsewhere. 6. The plaintiff has authority to maintain the action on behalf of the partnership who are the Lessors of the premises which is the subject matter of this suit. 7. Pursuant to the terms of the lease and addendum the defendants were to pay additional expenses. The expenses for the first year of the lease term and the September 2007 monthly payment results in an unpaid balance of $3,075.58 which the defendants have failed to pay. An invoice for said expenses is attached hereto. 8. The defendants have breached the aforesaid agreement and demand has been made for payment of the aforesaid amount to no avail. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendants in an amount requiring compulsory referral to arbitration. Respectfully submitted, ;I-- - 1 '.z - "JIa - William . ougl s, Esq. Attorney for tntiff March 18, 2008 AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. William P. Douglas for ntiff Date: March 18, 2008 yLtf .?j ry ` ,j COMMERCIAL LEASE This Agreement of Lease made this day of4j/ A.D. betweeng--4/ Lessors, parties of the one part, and k 6J,,-il Lessees parties of the other part. Witnesseth, that the said party of the one part, in consideration of the rents and covenants hereinafter mentioned, dpes demise and lease unto the said second party, to be used as storage, the premises situate in the Tewfishtp of 11?.{?.II . ?p?.-o s , County of C and State of Pennsylvania described as follows, to wit: To have and to hold unto the said second party, subject to the conditions of this Atreement, for the term beginning on the 66 day of Oc? L" 2-MG , and ending on the 1'4 da)? Lz-of 2008 In Consideration of Which the said second part agree that they will pay to the said first party for the use of said premises, the sum of 14. goo `1 Dollars and other consideration hereinafter mentioned payable as follows: viz, in monthly installments of 't 600. oo Dollars in advance on the first day of each calendar month during the term. k THE DEMISE HEREIN CONTAINED is made and accepted on the following express conditions: L No waste shall be committed; and at the end of the said term the demised premise shall be delivered in as good condition as at the commencement thereof, ordinary wear and tear and unavoidable damage by fire, tempest and lighting excepted. 2. The rent reserved shall be promptly paid on the several days and times herein specified without deduction or.abatement, at the residence or principal office of the said Lessor. 3. If the Lessee should remove or prepare to remove, or attempt to remove from the premises hereby leased before the expiration of the term or at any time during the continuance of this lease, or if the Lessee shall be in default in the payment of any installment of rent for the period of ten days, or should there be a default in any of the covenants or conditions as herein contained, then in that event, rent. for the term of twelve months at the rate which it is then due and collectible under the terms of this lease shall immediately become due and payable and shall be collectible by distraint or otherwise. 4. At the expiration of the term the demised premise will be restored at the option of the Lessor in the same condition in which they were, at the commencement of the term, and the cost of the said restoration shall be paid by the Lessee, which cost will be treated as additional rent and owing under the terms of the lease. 3 holding over by the Lessee beyond the term of this lease shall be a renewal of the term of js,.lemO anotherdilee 'th'e'ca' 141rgfleltt tec to" 1" a orovts?ons as contained tri this menf of lease until \ . Holdovers. past shall be subject to the followin -eradjustments: The minimum rent shall.be subject to a ent for increases in the Consumer Price Ind ollows: At the end of the d? second lease year during the"term hereof an er at the end of each mg period of one consecutive lease tl et?of each such adjustment, the annual minimum year(s)during the term hereof, and effective simultanec th VJ',ll rent (and the monthly installments thereof) shall be ad' o nsumer Price Index by multiplying the annual w minimum rent to effect immediately prior toe c adjustment by a the numerator of which shall be the 11 Consumer Price Index as of the most to prior to the date of such adjustment denominator of which shall be the Consumer Price Inde the most recent date prior to the beginning of such adjustmen d (but in no event shall th e minim a reduced as a result of any such adjustment); and the annual minimum rent th tablished by each justment shall continue in effect as the annual minimum rent required to be paid hereunder anti d as herein provided. 6. The Lessor,shall not be liable to the Lessee for any damage which may be caused to the Lessee by the failure of the Lessor, if said failure is not due to any fault of his part; to give possession of the premises herein demised, at the time agreed upon. 7. Said Lessee shall not carry on any unlawful or immoral business in or about the demised premises, and shalfinot carry on any business which will endanger the building from fire or cause a forfeiture of any fire insurance that the Lessor has or may hereafter have on said building. 8. The Lessee agrees to pay all bills which may be incurred for light, heat, or power used or consumed upon the demised premise, and also all bills for water rent which may accrue for water used during the term of the lease. The Lessor shall not be responsible in any way in the event that the supply of heat is cut off by reason of any cause beyond the control of the Lessor. And the Lessee does hereby release the Lessor from any damage which may result to him by reason of the failure of the supply of heat. Should the Lessee fail to pay any bills as aforesaid, the Lessor shall have the righVto pay the same, and the amount as paid shall be chargeable to the Lessee as additional rent. The Lessee agrees to keep, the plate glass insured at this own risk. 9. The Lesseeagrees to keep the premise in a good condition of repair. All refuse of any kind shall be removed from the premises at the cost of the Lessee at least once a week or oftener, if need be., All snow shall be cleaned off from the sidewalks -before it shall have frozen and become hardened. Should the Lessee fail to comply with the provisions of this clause of the lease, the Lessor may enter the premises and make said repairs or remove said refuse and do all other things as herein provided to be done by the Lessee at the expense of the Lessee and said expense thus incurred may, also be collected as additional rent under the lease. 10. In the event of the filing of a petitiono. bankruptcy, whether voluntary or involuntary, by or against the Lessee herein, there shall become due immediately upon the filing of said petition, rent for twelve months, at the rate that the rent is then payable under this agreement of lease, and the Lessor shall have the further right in said event, to forfeit and terminate this lease. The said forfeiture to be effected by giving notice in writing to the Lessee herein or to the person then in charge of the demised premises. Should an execution issue against the Lessee out of any court, twelve months rent shall thereupon become due and owing. II. In the event that the premises occupied by the Lessee shall during said term by destroyed by fire, thereby making the premises untenantable and unfit £or ¢e oncy so that the owners thereof deem it advisable to construct a new building, the Lessor herein shall thereupon have the' right to cancel and terminate this lease upon giving fifteen days notice in writing to the Lessee herein, and the term of this lease shall thereupon cease at the expiration of fifteen days after the expiration of said notice. In the event, however, that the said building shall be damaged by fire, but not destroyed, the Lessor will thereupon cause the same to be repaired and restored to its former condition, they to act with the greatest possible diligence, and if the said fire shall have rendered the premises untenantable, payment of rent thereunder shall be suspended from the time when the Lessee herein shall notify the Lessor of such condition, until such time as the building is so repaired and again ready for occupancy, and the Lessee herein agrees that in the event that the building shall be as partially destroyed by fire as to render said repairs necessary that the said Lessor shall thereupon have the right through his servants and agents, and that the servants and agents of any contractor employed by the Lessor shall have the right to take possession of the premises for the purpose of making such repairs, and the so taking of possession shall not be an eviction of the Lessee herein and shall in no manner effect this term of lease. 12. The said Lessee hereby confesses judgment for the rent reserved under this agreement of lease, together with=an attorney fee of five percent for collection, and execution may be issued thereon from time to time for any rent due and owing under this lease, and judgmert in ejectment as herein provided may be entered concurrently therewith. 13. At the end of the said term, whether the same shall be determined by forfeiture or expiration of the term, or upon the breach of any of the 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, their heirs or assigns, shall be plaintiff, and the Lessee, and all who come into possession during the term or continuance of this lease or under the Lessees, shall be defendants, that judgment may be entered thereupon in favor of the plaintiffs, 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 facial possessionem with clause of fi. fa. for all costs, may be issued forthwith, waiving all errors and defects whatsoever in entering said judgment, also waiving right of appeal, writ of error or stay upon any writs of habere facias possessionem which may issue upon the same. 14. And further, it is agreed and understood that the Lessor, his heirs, or assigns, may enter the premises hereby leased at any time during the term, either in the presence or, absence of the said Lessee for the purpose of - ascertaining whether the said premises are kept in good order and repair during business hours. Further, that the Lessor reserves the right to display a "for rent or sale" card upon the said premises, and to show same to prospective tenants or buyers. 15. All damages or injuries done to the said premises other than those caused by fire or ordinary wear and tear or by the acts or omission of the landlord shall be repaired by the Lessee herein. And the Lessee covenants and agrees to make said repairs upon five days notice given. to him by the Lessor, and if he shall neglect to make said repairs or commence to make the same promptly or within ten days after said notice as given him, the Lessor shall have the right to make the said repairs at the expense and cost of the Lessee, and the amount thereof may be collected as additional rent accruing for the month following the date of the said repairs, and if the said expense is made at the expiration of the term, then the cost so made may be collected by the landlord as an additional rent for the use of the premises during the entire term 16. And the said Lessee hereby-accepts notice to quit, remove from, and surrender up possession of the said demised premises to the said Lessor, his heirs and 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 days besides the distress, or upon breach of any other T waditimi-of this„lease..the?see shall be a.nan;tpaag6gulvol,,toZsppsspssion by-,thewsaid-Lessorl-•w thoutfurther,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 this 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. 17. No showcase, sign or hanging or protruding sign or permanent obstruction of any kind shall be kept or maintained by the tenant on the reservation or sidewalk in front of the demised premises, said space to be used only for gFtlrpose of ingress and egress. 3 18. The party of the second part will bear, pay and discharge when and as the same become due and payable a1I fa ent and lawful claims for damages or otherwise against said parties of the first part arising from its use or dK cy of said leased premises or the sidewalk in front and side of said premises, and will assume the burden and e*104 of defending all such suits, whether brought before the expiration of this lease and will protest, indemnify and save-harmless and said party of the first part, his agents, servants, employees and public at large by reason of or on account of the use of misuse of the premises hereby leased or the sidewalk in front of the said premises, or any part thereof, due to the negligence of the Lessee-or his agents. 19. And in consideration of securing the within lease at the above stated rent, said Lessee does hereby release and discharge said Lessor, his heirs or assigns, from any and all liability for damage that may result from the 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 pipes, gas pipes, steam pipes, sewers, basins, water-closets and drains. 20. It is expressly understood bX thpart' gsthat ?the whole agreement is embodied in this agreement and that no part or item is omitted. oO.4i? ?yJ' col 21. The second party does also hereby waive any and all demand 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 condition of re-entry o of recovery of possession without legal process or by means of any action or proceedings whatsoever. WITNESS L " E W WITNESS ME WITNESS LESS WITNESS LESSOR 1. Signs are only permitted with prior approval of the Lessor which consent will not be unreasonably withheld. 2. Tenant agrees to carry a minimum of $1,000,000.00 liability insurance naming Gary L Quesenberry Et Al as additional insured. Tenant shall be responsible for obtaining and maintaining, at their own expense renter's/business insurance and shall insure the Lessor and Lessee as their interests may appear. 3. Reserved parking for tenant are the spaces only at front of suite 2 of building B. Tenant acknowledges that all other parking spaces on property are for the use of other tenants only. 4. Tenant agrees to pay late charges of $75.00 if rent is more than 3 days late. 5. Tenant understands that all payments mailed to Gardners require a minimum 3 days for delivery. Post dates will not be accepted as payment received as a means to avoid late charges outlined in 4 of the lease addendum. Checks should be made payable to Gary L Ouesenberrv Et al and mailed to Gary L Quesenberry 98 Peach Glen Rd. Gardners, PA 17324. 6. Tenant agrees that existing heating system will be the only acceptable means of heating tenants space. Space heaters of any form is strictly forbidden. 7. It is understood that sewer usage is part of the water bill. The Lessor will contract trash removal service and tenant will pay $15.00 toward cost of contract. Trash placed in dumpster will only be that generated of said business and will not include anything personal of tenant or employees. The premise is heated with propane gas which is separately metered. Lessor will bill lessee only for that portion used in the premise. Lessor will prepare and present bills and lessee will pay said bill within 10 days. Tenant will be responsible for obtaining a heating/cooling system contract for regular maintenance and repair of HVAC system. Tenant to pay forroutine replacement of light bulbs and/or fluorescent tubes and HVAC filters. 8. Tenant agrees that there will be no outside premise activities permitted without landlords permission. 9. Tenant agrees to pay $25.00 for non-returned postal keys. 10. Tenant will be responsible for shoveling all snow on walkways around premise. 11. First year's rent will be $9600.00/$800.00 per month. Second year's rent will be $9600.00/$800.00 per month. 12. The Lessor will calculate the tenants share of insurance against the premise as described under "PREMISES" anctaltgr written notice thereof tenant shall reimh lrse the landlord for that portion. of insurance within 15 days. 13. The Lessor will calculate the tenants share of the real estate taxes, assessments and municipal taxes against the premises as described under "PREMISES" and after written notice thereof tenant shall reimburse the landlord for that portion of taxes within 15 days. 14 E Oc ood Dr Carlisle, PA 243-5459/486-3439 A S Weibley 14 Gaywood Dr Carlisle, PA 243-5459/486-3439 Gary Wv6sepberry Et al 98,Kach Glen Rd Gardners PA 17324 Gary L Quesenberry Et al 502 N Baltimore Ave Mt Holly Springs, PA 17065 ++* INVOICE ... ... ... ... ... 015 58 TOTAL DUE 3 PRICE , . REF NO. QTY DESCRIPTION EACH TOTAL Salesperson Invoice number 1 Electric August Past Due 136.53 136.53 Invoice date 16 November 2007 Customer ID 1 Electric September 110.06 110.06 Terms Date shipped 1 School Taxes Past Due 1,069.62 1,069.62 Shipped via _ FOB 1 Water & Sewer 14.30 14.30 Prepaid / Collect Tax exempt 1 as - Heat 945.07 945.07 Reason Exemption no. 1 Rent - September 2007 800.00 800.00 SOLD TO Name Lili Weibley Address (line 1) ' Address (line 2) r5- City, State orProv. 17613 Postal code, Country Phone Fax Company name SNIPPED TO Retype the following only if the name and address are not the same as the SOLD TO name and address. Name Address (line 1) Address (line 2) City, State or Prov. Postal code, Country Company name Please make checks payable to: SUBTOTAL 3,075.58 Sales tax Gary L Quesenberry, Et al SNIPPING a HANDLING PAYMENTS PLEASE PAY TH - ISAMOBNT 3,075.58 EEF TERMS: Net 30 Ra ys -TI b .` 1. . SV ?.? GARY QUESENBERRY, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA VS. : NO. 08-1456 CIVIL TERM LILI M. WEIBLEY and RODGER S. : CIVIL ACTION-LAW WEIBLEY, Defendants NOTICE TO PLEAD TO: PLAINTIFF, GARY QUESENBERRY C/O WILLIAM P. DOUGLAS, ESQUIRE ATTORNEY FOR PLAINTIFF 43 W. SOUTH STREET, P.O. BOX 261 CARLISLE, PA 17013-0261 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER WITH NEW MATTER AND COUNTERCLAIM OF DEFENDANTS, LILI M. WEIBLEY AND RODGER S. WEIBLEY, TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Michael P. Giles, Esquire Attorney for Weibley P.O. Box 6202 Wyomissing, PA 19610-6202 610.373.1135 Pa. I.D. No. 57230 GARY QUESENBERRY, Plaintiff VS. LILI M. WEIBLEY and RODGER S WEIBLEY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : NO. 08-1456 CIVIL TERM CIVIL ACTION-LAW ANSWER WITH NEW MATTER AND COUNTERCLAIM OF DEFENDANTS LILI M. WEIBLEY AND RODGER S. WEIBLEY TO PLAINTIFF'S COMPLAINT 1. Admitted, upon information and belief. 2. Admitted. 3. Denied. The allegations of paragraph 3 are specifically denied, in that the Commercial Lease Agreement and Addendum are documents of record which speak for themselves. 4. Denied. The allegations of paragraph 4 are specifically denied, in that the lease agreement is a document of record which speaks for itself. 5. Denied as a conclusion of law, to which no response is required. To the extent any answer is required, the allegations of paragraph 5 are specifically denied. To the contrary, Plaintiff unilaterally breached the Commercial Lease in question, as more fizlly set forth in Defendants' New Matter and Counterclaim, and Defendants exercised their rights as such. 6. Denied. The allegations of paragraph 6 are specifically denied, in that after reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of said averment, and as such, strict proof of the same is demanded. 7. Denied. The allegations of paragraph 7 are specifically denied, in that the lease and addendum are documents of record which speak for themselves. By way of further answer, Defendants are without sufficient knowledge or infonnation to form a belief as to the truth of said averment, and as such, strict proof of the same is demanded. 8. Denied as a conclusion of law, to which no response is required. To the extent any answer is required, the allegations of paragraph 8 are specifically denied. To the contrary, Defendants incorporate herein by reference their answer to paragraph 5 above in its entirety. WHEREFORE, Defendants respectfully request this court to dismiss Plaintiff's Complaint in its entirety, with prejudice, and enter judgment in their favor, and against Plaintiff, plus costs. NEW MATTER 9. Defendants incorporate herein by reference their answers to paragraphs 1 through 8 of Plaintiff's Complaint in their entirety, as if set forth herein at length. 10. Plaintiff has failed to set forth a cause of action against Defendants for which relief may be granted. 11. Plaintiff's complaint is barred under the clean hands doctrine. 12. Plaintiff's complaint is barred under the doctrine of estoppel. 13. Plaintiff's complaint is barred under the doctrine of justification. 14. Plaintiff's complaint is barred under the doctrine of payment. 15. Plaintiff's complaint is barred under the doctrine of impossibility of perfonnance. 2 16. Plaintiff's complaint is barred in that Plaintiff has failed to mitigate his damages. 17. Plaintiff s complaint is barred in that Plaintiff has failed to satisfy all of the conditions precedent to pursue this action. 18. Plaintiff's complaint is barred in that Plaintiff materially breached the Commercial Lease Agreement by and between the parties, as more fully set forth in Defendants' counterclaim, the allegations of which are incorporated herein by reference in their entirety. 19. To the extent Plaintiff is entitled to any damages for Defendants' actions, which Defendants specifically deny, the damages claimed by Plaintiff in the complaint are unreasonable and inflated, given the circumstances of Defendants' tenancy. WHEREFORE, Defendants respectfully request this Court to dismiss Plaintiff's Complaint in its entirety, with prejudice, and enter judgment in their favor, and against Plaintiff, plus costs. COUNTERCLAIM Plaintiffs in this counterclaim are Lili M. Weibley and Rodger S. Weibley (collectively "Weibley"). 2. Defendant in this counterclaim is Gary Quesenberry ("Quesenberry"). 3. Weibley and Quesenberry entered into a certain Commercial Lease and Addendum, a true and correct copy of which is attached to Plaintiff's complaint, whereby Weibley agreed to lease certain space located in Mount Holly Springs, Cumberland County, Pennsylvania. 3 4. Shortly after taking possession of the space, Weibley noticed a pungent odor emanating from the space, and they made Quesenberry aware of the odor. Unfortunately, Quesenberry ignored the information provided to him by Weibley with respect to the odor emanating from the space, and as a result, the condition became worse, to the point that mold and fungal growth occurred in the space. 6. Given the condition of the space, Weibley was unable to use it for its intended purpose (a craft gift shop), coupled with the fact that the condition at the space created an unsafe and unhealthy environment, both to Weibley and their customers, so much so that the space was rarely open during July and August 2007, and not at all during September 2007, at which time Weibley vacated the space as a result of Quesenberry's failure to remedy the condition of the space, having given Quesenberry written notice of their intentions to do so at the end of August 2007. 7. Quesenberry's failure to provide Weibley with a commercial space suitable for its intended purpose, and his failure to remedy the unsafe and unhealthy condition at the space, constitute material breaches of the Commercial Lease by and between the parties, all of which took place prior to Weibley's decision to vacate the space. 8. As a direct result of Quesenberry's material breach of the Commercial Lease, Weibley sustained damages totaling Ten Thousand Nine Hundred Seventy Dollars and Fifty-four Cents ($10,970.54), including lost sales and rent, out-of-pocket expenses and relocation costs. 9. Despite demand for payment of said damages, Quesenberry has failed and refused to make any payment to Weibley. 4 WHEREFORE, Weibley respectfully requests this Court to enter judgment in their favor, and against Quesenberry, in the amount of Ten Thousand Nine Hundred Seventy Dollars and Fifty-four Cents ($10,970.54), plus attorney's fees and costs. Respectfully submitted, Michael P. Giles, Esquire Attorney for Weibley P.O. Box 6202 Wyomissing, PA 19610-6202 610.373.1135 Pa. I.D. No. 57230 5 VERIFICATION LILI M. WEIBLEY and RODGER S. WEIBLEY verify that they are the Defendants in this action, and that the facts set forth in the within Answer with New Matter and Counterclaim are true and correct to the best of their knowledge, information and belief. They understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ?-3 -ov Date: Li M. Weibley --3 S Date: Rodg S. Weibley 6 GARY QUESENBERRY, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA NO. 08-1456 CIVIL TERM vs. LILI M. WEIBLEY and RODGER S. : CIVIL ACTION-LAW WEIBLEY, Defendants CERTIFICATE OF SERVICE MICHAEL P. GILES, ESQUIRE, attorney for Defendants, Lili M. Weibley and Rodger S. Weibley, verifies that a true and correct copy of the Answer with New Matter and Counterclaim to Plaintiff s Complaint has been mailed to the following by first class mail, postage prepaid, on April 7, 2008: William P. Douglas, Esquire 43 W. South Street P.O. Box 261 Carlisle, PA 17013-0261 He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: April 7, 2008 Respectfully submitted, 122 Michael P. Giles, Esquire Attorney for Defendants P.O. Box 6202 Wyomissing, PA 19601-6202 610.373.1135 Pa. I.D. No. 57230 7 0 -n e-,Lr ..'.. Rl Fri CO 7) 0 (L Cn N -< DOUGLAS LAW OFFICE 43 W. SOUTH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 ...................................................... Gary Quesen Plaintiff' vs Lili M. Weibley and Rodger S. Weibley Defendants WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.#f 37926 In the Court of Common Pleas of Cumberland County Pennsylvania No. 08 -1456 Civil Term Compulsory Arbitration Civil Action - Law Plaintiff's Reply to New Matter and Answer to Counterclaim along with New Matter Plaintiff's Reply to New Matter 9. The allegation of the original complaint are incorporated herein and reference is made thereto. 10 - 17. Denied. The allegations are denied as factually unsupported legal conclusions to which no response is necessary. 18. Denied. At no time did the plaintiff breach the lease agreement. The plaintiff's answers to the counterclaim are incorporated herein and reference is made thereto. 19. Denied. All damages claimed in the original complaint are pursuant to the terms of the contractual agreement between the parties. Wherefore, it is prayed that judgment be entered in favor of the plaintiff and against the defendant and the new matter of the defendants be dismissed. Plaintiff's Answer to Counterclaim 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. The first time the defendant ever complained about any alleged odor problem was in the mid summer of 2007. 5. Denied. The rented space in question did not contain any mold or fungal growth which made the space uninhabitable. 6. Denied. The rented space was fit for it's intended purpose. If, in fact, anything made it unfit for the intended purpose is was due to actions or inaction of the defendants. 7. Denied. At all times relevant hereto the space in question was fit for it's intended purpose. The defendant vacated the premises prior to the expiration of the lease term. 8. Denied. The defendant sustained no supportable loss and strict proof thereof is demanded at the time of trial. 9. Denied. No monies are due and owing from Quesenberry to Weibley. Wherefore, it is prayed that the counterclaim be dismissed and judgment be entered in favor of the plaintiff Quesenberry and against the defendants Weibley. Plaintiff's New Matter 10. The plaintiff Quesenberry asserts any and all available affirmative defenses pursuant to Pa.R.C.P. 1030. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendants in an amount requiring compulsory referral to arbitration. y submitted, William P. Dou as, Esq. Attorney for aintiff April 17, 2008 AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. (?, lv? William P. Douglas for laintiff Date: April 17, 2008 C3 K?r E rj 7 ?r co } 1, i DOUGLAS LAW OFFICE 43 W.SOUTH ST. PO$ 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 Plaintiff vs Lili M. Weibley and Rodger S. Weibley Defendants WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 In the Court of Common Pleas or Cumberland County Pennsylvania No. 08 -1456 Civil Term Compulsory Arbitration Civil Action - Law Plaintiff's Reply to New Matter and Answer to Counterclaim along with New Matter Plaintiff's Reply to New Matter 9. The allegation of the original complaint are incorporated herein and reference is made thereto. 10-17. Denied. The allegations are denied as factually unsupported legal conclusions to which no response is necessary. 18. Denied. At no time did the plaintiff breach the lease agreement. The plaintiff's answers to the counterclaim are incorporated herein and reference is made thereto. 19. Denied. All damages claimed in the original complaint are pursuant to the terms of the contractual agreement between the parties. Wherefore, it is prayed that judgment be entered in favor of the plaintiff and against the defendant and the new matter of the defendants be dismissed. Plaintiff's Answer to Counterclaim 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. The first time the defendant ever complained about any alleged odor problem was in the mid summer of 2007. 5. Denied. The rented space in question did not contain any mold or fungal growth which made the space uninhabitable. 6. Denied. The rented space was fit for it's intended purpose. If, in fact, anything made it unfit for the intended purpose is was due to actions or inaction of the defendants. 7. Denied. At all times relevant hereto the space in question was fit for it's intended purpose. The defendant vacated the premises prior to the expiration of the lease term. 8. Denied. The defendant sustained no supportable loss and strict proof thereof is demanded at the time of trial. 9. Denied. No monies are due and owing from Quesenberry to Weibley. Wherefore, it is prayed that the counterclaim be dismissed and judgment be entered in favor of the plaintiff Quesenberry and against the defendants Weibley. Plaintiff's New Matter 10. The plaintiff Quesenberry asserts any and all available affirmative defenses pursuant to Pa.R.C.P. 1030. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendants in an amount requiring compulsory referral to arbitration. y submitted, William P. Dou as, Esq. Attorney for ]Pqaintiff April 17, 2008 t AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. William P. Douglas for dntiff Date: Apri117, 2008 '? +v "-7 ? C"''} "j7 ?J V ?"7'T 1` ? , ? ? , ?}} ^) ?„' ?„? 6. 1 ...,. r?? .a; .- DOUGLAS LAW OFFICE 43 W. SOUTH ST. POB 261 CARLISLE, PA 17013 TELEPHONE 717-243-1790 GARY QUESENBERRY, IN THE COURT OF COMMON PLEAS Plaintifff OF CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW NO. 08-1456 CIVIL TERM LILI M. WEIBLEY and RODGER S. WEIBLEY, PETITION FOR ARBITRATION Defendants PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: WILLIAM P. DOUGLAS, ESQUIRE, counsel for the plaintiff in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $50,000 or less, plus costs. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Michael P. Giles, Esquire, for Defendant WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Douglas Law Office By Jt_W&j4A_27d A William P. Douglas, Esqui June 25, 2008 43 W. South St. Carlisle, PA 17013 717-243-1790 e, ?J N t? J?M A& t! N S' C ?-? ttlk dt Plaintiff L... J t- [Loll 6C." u-'eZ L6 Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No./V6_ J609' Civil Action - Law. 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 fidelity., A fl,,?C'v K 6r[ft?- Name (Chairman) /? /t41.T S U ti. C Ate, Law Firm (o Etyr 96?_ Address UJ C 9t- &64FCLL-t Address ignature Name Law Firm 3a 1 )--4- .?Y S-1- Address C.10 ,1(1t,- C-20 t ?r k a?_il,,; C? 0 ,f City, zip City, zip city, zip /6317 I?783 Award /!Y31 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Nate: If damages for delay are awarded, they shall be separately stated.) (gti R (A (4., rt` 4F r ` S C i4 .t.t LAC r 4 t-..to? ? t sV FA v o aL. l)697- _t)_E IFCwt, 4,1! T5 A, A deCA4v Vet A,: , T, 4Fd- r C-II'v M Ox _ () 1=/pb?d d L L /W CL. C.?,.y L7 C?'On.-/?t.t' `S CO'tN?-TC+r?- C.G4c %?t • . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: q(- :)- b Date of Award: rC- D - o 0 114?lxeln igna Name V Law Firm Notice of Entry of (Chairman) t.,. --------------- Now, the $? day of 240B_, at J '-qY , ?.M., the above award was entered upon the docket and notice ther of given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $_.35? , 66 By: *0notary Deputy t W w _ 1 o c? y-rq CIO I"l'I i 1" °r-; r' Commonwealth of Pennsylvania County of Cumberland Gary Quesenberry In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 08 -1456 Civil Term Lili M. Weibley and Rodger S. Weibley Defendants Civil action law Notice of Appeal from Award of Board of Arbitrators TO THE PROTHONOTARY: Notice is given that the Plaintiff, Gary Quesenberry, appeals from the award of the board of arbitrators entered in this case on September 8, 2008. A jury trial is demanded ? (Check box if jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that the compensation of the arbitrators has been paid. R. C QYC\ William P. Dou las, Es, 0. Attorney for Plainti ff/ pellant October 7, 2008 C -AA c