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HomeMy WebLinkAbout08-2127rH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of if appellant DISTRICT JUSTICE JUDGMENT . COMMON PLEAS No. 08'- NOTICE NOTICE OF APPEAL Fi led - 4131ov 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 NOTICE OF APPEAL FROM V 4! f /?•G/ / a. P.D/ / / I D9?of rO I •v+{.t V• ! IV ?l'7?? IN Vt 7_-&1e900_59-o9 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. O/ J (see Pa. R.C.P.D.J. No. 1001(6) in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. SOr dun of AroNandety 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 Name of appellee(s) (Common Pleas No. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To , appellee(s) Name of appefi"(s) Signature of appeflant or atiomey or agent (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 YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ,20 Signature of ProthorWary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF40TICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEhI (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , 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 official before whom affidavit was made Tile of official My commission expires on 20 Signature of affiant V e? V MV Ll C) rv r i17 _ l [?' GJ e_ ....., -. .. 35 C3 .°< CORRECTED COPY 09-3-03 MDJ Name: Hon. SUSAN S. DAY Address: 229 MILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF 4ONRESIDENTIAL LEASE NAME and ADDRESS I'COHICE, JEFFREY S 390 ALEXANDER SPRING RD CARLISLE, PA 17015 L DEFENDANT: r-PHILLIPS JR, 396 ALEXANDE] CARLISLE, PA J VS. NAME and ADDRESS ROBERT M Z SPRING RD 17015 JEFFREY S. CONICS L_ J 390 ALEXANDER SPRING RD Docket No.: LT-0000058-08 CARLISLE, PA 17015 Date Filed: 2/21/08 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT ® Judgment was entered for: (Name) PHILLIPS JR, ROBERT M Judgment was entered against COHICS, JEFFREY in a ® Landlord/Tenant action in the amount of $ .00 on 3/06/08 (Date of Judgment) The amount of rent per month, as establis hed by the Magisterial District Judge, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established by DJ Less • Security Deposit Applied = Adjudicated Amount Rent in Arrears $ .00-$ .00= $ .00 Physical Damages Leasehold Property $ .00-$ .00= $ .00 Damages/Unjust Detention $ -00-$ -00= $ .00 Less Amt Due Defendant from Cross Complaint - $ -00 Interest (if provided by lease) $ -nn LIT Judgment Amount $ -00 ? Defenda t i tl d ll l Judgment Costs $ .00 A F n s are jo n y an severa y iable ttorney ees $ -00 ? This case dismissed without prejudice. Total Judgment $ .00 ? Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is no sa Is Ie by time o eviction. ® Possession not granted. ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDEA COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT. JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGEJP71," JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. :'.'.w y1. _ Date Y Magisterial District Judge . certify that t is is a true a co opy o Me reco o t rocee rags containing the judgment- Date y Magisterial District Judge oyc 3o cop mission ission expires first Monday of January, SEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUKBERLAND Mag. Dist. No.: I Pit MOM C3 jKn ,rT;rz3irx 0=W'M 0 ", CC3 OL4HT SRI M r? Postage $ rl- Certified Fee ru 0 Return Receipt Fee O (Endorsement Required) 0 Restricted Delivery Fee (Endorsement Required) O ` - r` Total Postage & Fees ru Sent To `n c? I O 0 Or reef, Apt. No.; ?? PO Box No. (This prof of W SWIMS OF OOME OF APMAL AND RME TO FKA COMPLMNT BE F&EO tMTFM i(10) DAYS AFTER filing of the notice of a"ppeal. Check applicable boxes.) COMMONWEALTH OIL PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT- I hereby (swear) (affirm) that I served rs a Signature of oval before f2, n= 0g Postmark $t,4,IliE Here $(4,ItiI $3.06 1 04/09/2141'48 nt To P41 ui Ps 1 P - C3 Streef, Apt No.t ----- ----------------------------------------------------- C3 PO Box No. 1U1E-3K}? ......... ta iP+ ---------------° PFF- 1'l0 C:3 4 j $ o5 13 ?- Postage N Certified Fee ? . i0 ruJ C3 Return Receipt Fee (Endorsement Re uired) S.S,lSi1 Postmark Here q O C3 Restricted Delivery Fee O (Endorsement Required) I . SJ4-I -11 r- Total Postage & Fees 04/07/2008 ti s e ------------------------ LAI -.. 5?cn?s Pft I-W DAY y of the Notice of Appeal, Common Pleas ©g.-, ;t 7, upon the District Justice designated therein on of service) MR! V Q , 20 ? by personal service Cl by (certified) (registered) mail, ar's receipt attached hereto, and upon the appellee, (name) Awewl /Y //r fj 1, on L 7 2009 ? by personal service C by (certified) (registered) mail, pr's receipt attached hereto. AN UBS RtBED BEFOR E t . F ?? , 20 d?. Signature ofalfiant affidavit was made Title &offoal 1-1 My commission expires MN f dl 20 It 8rviwr4, Ntfal4y RAft V43L-0ffl*1 Mgd0=* n ExPkftAup.21, 2011 r? ? ri'r 7T x: ota '!7 ! z S? ?' ?D CA Gam' GUMMURVYCAL I H Ur rtNN*TL COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDCIAENT COMMON PLEAS No. t' ° ??} NOTICE OF APPEAL Ft teal : q / 3 /t a Notice is given that the appellant has filed in the above Coun-af Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. 003-05 R.C.P.D.J. No. 1008B.? This Notice of Appeal when nfved by the District Justice. SUPERSEDED titre' for in>this case. operate as a I before a District Juice, A COMPLAINT MUST BE FILED wthm twenty (20) days aRer Fling the NICE of APPEAL. x_ PRAECOE TO ENTER MAE'TO FILE COMPLVMIT AMD RULE TO FILE (This section of faun tpikbe ONLY when Sqpellant was DEFEWQANT (see Pe.R.C.P.D.J. No. 1001(7) in action before Diskict Jude. IF NOT USED, detactrfrom cDAY n0ft& of app" to be served upon op ee. PRAECIPE: To Prothonotary Enter rule upon appoll"(s), toile a complaint in this appeal Namw of appsMaa(s) (Common Pleas No. ) within twenty (20) days aft service of rule or seer entry of judgment of non pros. Sage6f8A-0 a -StanW-89" RULE: To , appellee(s) NamrotappaMWS) (1) You are notified that a rule is hereby entered upon you to the a coroplaink in this appeal within twenty (20) days after ,t to dew of service of this rule upon you by personal service or by cent ad or registered mall. (2) N you do not file a coinplaint w1hinl go fi me, a JUDGMENT OF NON PROS MAY 13E ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mil is "Rate of ttre mooing. Date: .20 ;? crOlipwy YOU WST MCLU A COPY' OF THE NOTICE OF JU9QA ff1TRAN T FQRIN M FITM THIS WYKE OF APQf 4&- AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK COPY TO 13E SERVED ON APPELLEE GOLD- COPY TO BE SERVED ON OISTRICT IUSTtCt P Jeffrey S Cohi k Plaintiff VS. : IN THE COURT OF COMMON PLEAS Jr CUMBERLAND COUNTY, PA No. 08-2127 NOTICE You h? the following and notice are filing in writin you. You are N judgment may claimed in the may lose mon( been sued in court. If you wish to defend against the claims set forth in ges, you must take action within twenty (20) days after this complaint ;rved, by entering a written appearance personally or by attorney and with the court your defenses or objections to the claims set forth against med that if you fail to do so the case may proceed without you and a entered against you by the court without further notice for any money )mplaint or for any other claim or relief requested by the plaintiff. You or property or other rights important to you. YOU S OULD 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. Cumberland County Bar Association (Name) 32 S Bedford Street, Carlisle PA 17013 (Address) 717-249-3166 or 800-990-9108 (Telephone Number) Jeffrey Plaintiff VS. Robert M PhilliDS. Jr nt IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 08-2127 COMPLAINT 1. Plaintiff is: Jeffrey S Cohick, an adult individual with a business address of 390 Alexander Spring Road, Carlisle, PA 17015. 2. Defendant is: Robert M Phillips, Jr., an adult individual currently residing at 2152 Newville oad, Carlisle, PA 17015 3. Defendant signed a two year lease to rent commercial office space at 396 Alexander Spri g Road and agreed to pay rent in the amount $1100 per month for the first 12 months and $1300 per month for the last 12 months, a copy of said lease being attached hereto and incorporated herein by reference as Exhibit "A". 4. The defe dant continued to use the property as a residence even after being told numerous times that it was rented as a commercial property. 5. The defe dant failed to pay the full months rent for January 2008. 6. The plai tiff served a 30 day eviction notice on the defendant on February 8, 2008. 7. The defendant vacated the premises on March 8, 2008. 8. The defe0dant left numerous personal belongings behind including but not limited to food garb ge, clothing, various pieces of furniture and 18 used vacuums. 9. Defendant made no complaints of any condition of the premises prior to vacating. 10. Defendant refused opportunity for walk through upon vacating. 11. Damages: $22,015.19 12. Lease notice the or in case o covenants c Lease shall distress orc unexpired f without pro 13. Named 14, ovides: PP19: ...if within thirty (30) days of the date of written >f given by the Lessor to the Lessee by ordinary mail, the rent is not paid, a breach or evasion or any attempt to break or evade any of the conditions of this Lease, the entire rent reserved for the full term of this )ecome due and payable at once and may forthwith be collected by rherwise, and at the same time the Lessor may forfeit and annul the )rtion of the Lease and enter upon and repossess the said premises with or ;ess of law and without giving any notice whatsoever... has failed and refused to pay for sum due as set forth above. owes: 1. Rent exp nse (1/1/08 to 5/31/08) including late fees & interest charges: $ 5,588.32 2. Rent exp nse (6/1/08 to 5/31/09) $15,600.00 3. Refuse removal $ 150.00 4. Cleaning of building $ 453.75 5. Pictures or evidence $ 8.61 6. Court C sts $ 214.51 Total Amount owing Plaintiff $22,015.19 WHEREFOR, laintiff demands judgment in the amount of $22,015.19 plus costs, interest & fees. Y submitt d Jeffrey Co ick EA 390 Alexander Spring Road Carlisle, PA 17015 717-249-5321 (2) , THIS ?? LEASE 1-14 iT, made t is jptfday of ,2007, by and between Jeffrey S. & Luann E. Cohick, 390 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania, hereinafter called "LESSOR:, and Robert M. Phillips, Jr., 2104F Maplewood Drive, York, PA 17403, trading as Kirby Vaccum Cleaners, hereinafter called "LESSEE:, WITNESSETH: The Lessor, inconsideration of the rents, conditions and covenants hereinafter mentioned does demise and lease unto the Lessee, the premises situated in the South Middleton Township, Cumberland County, Pennsylvania, being a 1,260 square foot building located at 396 Alexander Spring Road, Carlisle, Pennsylvania, to have and o hold for the term of Twenty Four (24) months, beginning on the first day of Nayr2007, and ending on he,36"?day of,?rin009. f&?*Ad / %C, )) s' 44 4 (i The Lessee agrees ?o pay the Lessor for the use and occupancy of said premises and for the use of eight (8) parking spaces located on said premises, a total rental of at least Twenty eight thousand eight hundred Dollars ($28,800) lus an additional rent due and owing occasioned by a change hereinafter specified in Paragrap9411 ue to a justments in the monthly rental, all of which rent shall be payable in monthly payments as foll The first month's r nt of $1,100 shall be due on or before_Uky-l, 07 with regular monthly payments of $1,100 due owing on or before the first day of each month thereafter for Year-1 of the lease. Subsequent monthly rents or each year are as follows; Year-2 $1,300/month. A security deposit i? the amount of $1,300 has been paid by Lessee to Lessor prior to the signing of this agreement. All or a portion of the security deposit shall be retained by Lessor on account of damages to the premises arid any balance or remainder of such deposit due to Lessee shall be returned to Lessee by Lessor in acc rd with the laws of the Commonwealth of Pennsylvania upon the termination of this lease and vacation the premises by Lessee in accord with law. Nevertheless, no interest shall be imputed or credited to Les?ee on account of the security deposit. Lessee specifically waives any such L T Y { credit or accounting. The security deposit may not be used by Lessee to offset rent, but may be credited to Lessor as Lessor's sole option on account of rent if rent is due and owing at the end of this lease. As a further consideration for the use and occupancy of said premises the Lessee agrees to faithfully keep and be bound by the following covenants, conditions and agreements, to wit: 1. The premises shal be used for a professional office/retail business and related activities only and for no other use w thout the prior written consent of the Lessor, such consent not to be unreasonably withheld and upon use for nay purpose not approved by the Lessor, this Lease shall terminate and the entire rent reserved for the full term of this Lease remaining unpaid shall become due and payable at once. 2. The Lessee shall n t transfer, assign or sublet the premises or any part thereof without the prior written consent of he Lessor unless such sublease is extended to a subsidiary or division of Lessor engaged in withheld by 3. No sign, plaque, a part of the outside including the type municipal approve 4. C the right to park ai automobiles shall Lessor. Any addil Lessee, which sha ially the same business as Lessee. Prior written consent will not be unreasonably in favor of Lessee. vertisement or notice shall be inscribed, painted, erected or affixed on or to any )f the demised premises unless same shall be first approved by the Lessor, >f sign, plaque, advertisement or notice and the location thereof. Any and all for such signs shall be obtained by Lessee at Lessee's sole expense. the Lessee shall have tomobiles in the parking lot beside and an in front of the demised space, which )e parked at such an angle and in such places as may be deemed proper by the .onal parking available on premises beyond the eight (8) spaces available to 1 be those spaces closest to Lessee's entrance shall be available for the Lessor to use of his business overflow parking. In the event that the Lessee should be permitted to sublet a portion of said pr mises, with written consent of the Lessor as provided for in the lease, no additional parking space shall be provided for the sub-tenant, it being the intention of this provision that there shall be my said number of parking spaces for the demised premises, irrespective of the number of occup its. All parking shall be subject to the rules, regulations and controls of the Lessor in order that the e tire parking lot may work smoothly and efficiently and may be changed at any time by the • l ' T 4 5. The premises are t be kept and maintained in as good repair and condition as at present, and at the expiration or termi ation of this Lease, they are to be surrendered in like repair and condition, fair wear and tear, natural wear, and damages happening by storm and other casualties caused by nature excepted. In the event that the premises are not in such repair and condition, the Lessor may, at it's option, restore the remises to such repair and condition. The costs of such restoration shall be paid by the Lessee as additional rent due and owing under this Lease. 6. The Lessee will pay for all utilities consumed for its benefit as to the demised premises. Lessor shall paint the exterior as agreed upon by Lessor and Lessee. Real estate taxes levied upon the premises shall be paid by Lessor. 7. The premises are t be kept in a clean and sanitary condition, and the Lessor shall not be required to furnish any janitor al service for the benefit of Lessee. 8. Nothing shall be d ne upon the premises contrary to the conditions of the policies of insurance upon the building hereby the hazard may be increased or the insurance invalidated. The intention of the parties is that Lessee is not to engage in hazardous or dangerous activities which would cause the above conditio is to occur. 9. Lessee shall not make any alterations, additions or improvements without Lessor's prior written consent and all alterations, additions, or improvements made by either of the parties hereto upon the premises, except movable and detached office furnishings put in at Lessee's expense, shall be the property of the Lessor and shall remain upon and be surrendered with the premises, as a part thereof, at the termination of this Lease without molestation or injury. 10. Lessor will conform with the applicable laws and regulations concerning the exterior of the building and perform any ork in the interior of the building that may be required by applicable laws and regulations. 11. Lessor will maintain fire and other casualty insurance on the building but does not assume the risk for the liabilities afid contents of Lessee which are mentioned as the items to be insured against elsewhere in this ease Agreement. 12, Lessee will mainta n the grounds, including lawn care and prompt snow removal in accord with the reasonable practic s and schedules. 13. Lessee shall give Lessor prompt written notice of any accidents to, or defects in, the water pipes, electrical wiring, h ating and air conditioning apparatus, or any other defects which may cause damage to the interior or exterior of the premises. If such notice is given to the Lessor by the Lessee, the Lessor shall be responsible for correcting and repairing same, including any damages which may have been caused t the interior walls, floors and ceilings. The Lessee, however, shall be responsible for replacing electric light bulbs, outside glass which has been broken from the inside or outside, and any damage caused by any equipment which he may install or by any damages due to renovations of the remises accomplished by Lessee. No dirt, refuse or any other substance shall be thrown or left lyin on, in and around the premises. 14. Lessee shall have the option to renew this lease for a third (3rd) year at fourteen hundred ($1400 / month) dollars per month. Lessee shall give Lessor at notice of its intent to exercise said option to renew said lease at least six (6) months prior to the expiration of the then current term. 15. Any holding over by Lessee beyond the term of this Lease may, at the option of the Lessor, be deemed to be a renewal of this Lease for a period of one year on like terms and conditions, except that rent shall be increased by ten percent over and above the then current monthly rental payment. 16. No showcase, sign or hanging or protruding sign or permanent obstruction of any kind shall be kept or maintained by the Lessee in front of the premises, without the express written consent of the Lessor, same to be used only for the purpose of ingress and regress to the premises. 17. All rent paid hereu der shall be paid by check or otherwise to the order of Jeffrey & Luann Cohick and delivered or mailed to an address to be specified by Lessors upon execution of this lease, or such other person or place as may be directed by the Lessor. All notices given in accordance with this Lease shall be ade in writing and mailed to the Lessor and/or Lessee at their respective addresses specified in the Exhibit "A" attached to and made part of the Agreement of such other person or place as ay be directed by the parties. 18. The Lessor expressl reserves the right to enter upon the premises at reasonable times for the purpose of making ecessary inspections and repairs. The Lessor also reserves the right to enter upon 19 20 21. 22. the premise whenever necessary to repair damage caused by fire or other casualty to the building of which the premise is a part, even though the effect of such entry be to render the premises or a part thereof untenanta le. In either event the rent shall be apportioned and suspended during the time the Lessor is in posse sion, taking into account the proportion of the premises rendered untenantable and the duration of the Lessor's possession. If default shall be made in the payment of any rent after the same becomes due for more than ten days a late charge f five percent (5%) of the unpaid rent shall be due and owning by Lessee to Lessor in addition to the unpaid rent or portion thereof and if after fifteen (15) days, such rent or portion thereof is unpaid, interest shall accrue on the unpaid sums of money due and owning to Lessor by Lessee at the rate of one and one half percent (1.5%) per month on the outstanding balance until said amounts due and owing are paid in full and if within thirty (30) days of the date of written notice thereof give by the Lessor to the Lessee by ordinary mail, the rent is not paid, or in case of a breach or evasion or any attempt to break or evade any of the covenants or conditions of this Lease, the entire rent reserved for the full term of this Lease shall become due and payable at once and may forthwith be collec ed by distress or otherwise, and at the same time the Lessor may forfeit and annul the unexpired portion of the Lease and enter upon and repossess the said premises with or without process of law and without giving any notice whatsoever, and if the Lessee shall become insolvent, make an assignment for the benefit of creditors, commit any act of bankruptcy, or file a voluntary petition 'n bankruptcy, or any involuntary petition in bankruptcy be filed against said Lessee, all the rent reserved for the full term of this Lease shall become due and collectible immediately by distress or otherwise. This Lease shall b binding upon the executors, administrators, heirs successors and assigns of the parties hereto and ill survive any transfer of ownership of either the property or of the Lessee. That neither party has engaged the services of a realtor and no commission is due to any person except that the Lessor has employed the services of Wolfe & Shearer Realtors and Lessor will be solely responsible r any commission due them. As between the Lessor and the Lessee, Lessor shall be liable for any damages or injuries to any person or property, t any time during the term set forth herein which occurs outside of said premises, except to the extent caused by the negligence of willful misconduct of Lessee, its agents, servants, and empl yees and Lessor agrees to indemnify Lessee as to liability arising from the negligent acts or ill misconduct acts of its agents, servants and employees which occur on the Lessee's premises. Lessee shall be liable for any damages or injuries to any person or property at any time during th e term set forth herein which occurs inside the premises, except as such as may be caused by an A ct of God or the failure of the portion of the structure or any equipment for which the Lessor has mai ntenance responsibility or has cause through Lessor's own acts and the Lessor hereby agrees to in demnify and has caused through Lessor's own acts and the Lessee hereby agrees to indemnify ands ave harmless the Lessor from such liability. The Lessee shall maintain liability insurance in the a ount of $1,000,000.00 for personal injury and $1,000,000.00 for property damage for each o ccurrence on said premises. IN WITNESS !,REOF, intending to be legally bound hereby, the parties hereto have duly day and year first above written. executed this Agreement WITNESS: A&Z 7i obert M. Phillips, Jr. EXHIBIT A L ann E. Cohick Cl) IN RE: JEFFREY S. COHICK IN THE COURT OF COMMON PLEAS OF V CUMBERLAND COUNTY PENNSYLVANIA ROBERT M. PHILLIPS JR. CIVIL ACTION NO. 08-2127 AFFIDAVIT OF PERSONAL SERVICE On this 20 day of April, 2008, I, ROBERT W. LINDSAY, PENNSYLVANIA STATE CONSTABLE, hereby certify that I personally served the Complaint on Robert M. Phillips Jr., by handing him a copy of said Complaint at 2151 Newville Road, Carlisle PA 17013. I, ROBERT W. LINDSAY, PENNSYLVANIA STATE CONSTABLE, verify that the statements made in this affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to penalties of 18 Pa.. C.S.A, Section 4904 relating to unworn Date, 25 h Day of April 2008 W. Pennsylvania State Constable to and subscribed before me this day of April, 2008 Notarial Seal y 0MVe, Notary Public y Ma TWP * Canm nwna 'E unbngdon nay ?aY 232008 Member. Pennsvhrania Association of Notaries err:. r% o ?.? JEFFREY S. COHICK, Plaintiff v. ROBERT M. PHILLIPS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 08-2127 CIVIL NOTICE TO PLEAD To the Plaintiff Jeffrey S. Cohick 390 Alexander Spring Road Carlisle, PA 17015 You are hereby notified to file a written response to the enclosed preliminary objections within twenty (20) days from the date of service or judgment may be entered against you. Respectfully submitted, WOLF & WOLF Dated: May , 2008 By: , J f Stacy B. W Alf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT JEFFREY S. COHICK, Plaintiff v. ROBERT M. PHILLIPS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 08-2127 CIVIL PRELIMINARY OBJECTIONS AND NOW COMES the defendant, Robert M. Phillips, Jr., by his attorney, Stacy B. Wolf, Esquire, and sets forth the following preliminary objections to the complaint filed by the Plaintiff, Jeffrey S. Cohick, averring as follows: 1. Plaintiff initiated the instant action against Defendant, by district judge complaint filed on or about February 21, 2008. 2. The district judge complaint requested judgment for the possession of real property and rent remaining due in the amount of $2,141.80 plus costs regarding Defendant's lease of the property at 396 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. On March 6, 2008, a judgment was entered by District judge Susan Day in favor of Defendant and against Plaintiff, and possession of the property was not granted to Plaintiff. 4. Plaintiff filed an appeal from the District Judge judgment on or about April 3, 2008. 5. On or about April 23, 2008, Plaintiff filed a Complaint in the Court of Common Pleas of Cumberland County against Defendant seeking rent, alleged expenses for refuse removal, cleaning, and pictures, and court costs totaling $22,015.19. Preliminar Objection of Defendant Robert M. Phillips. Jr. - Lack of Subject Matter Tuns, diction 6. The preceding paragraphs are incorporated by reference as if set forth fully herein. 7. The Complaint filed by Plaintiff in the District judge action requested rent in the amount of $2,141.80 plus costs. 8. The Complaint filed by Plaintiff pursuant to his appeal from the District judge judgment requests damages not requested in his District Judge Complaint including rent in the amount of $5,588.32 and $15,600.00, expenses for refuse removal in the amount of $150.00, for cleaning in the amount of $453.75, and for evidence pictures in the amount of $8.61, for a total of $22,015.19 including court costs in the amount of $214.51. 9. Plaintiff is requesting substantial, additional relief on appeal that he failed to request in the District judge action and thus, Plaintiff has waived any claim for additional relief as not being raised and preserved before the District Judge. 10. Pursuant to the doctrine of res, judicata, Plaintiff cannot pursue any part of claims that were or could have been asserted before the District Judge. 11. In the alternative, the amount Plaintiff claims on appeal exceeds the $8,000.00 jurisdictional limit of the District Judge and thus, Plaintiff has waived any claim in excess of this jurisdictional limit. WHEREFORE, Defendant Robert Ni Phillips, Jr. respectfully prays this Honorable Court issue an Order sustaining the foregoing objection and dismissing the claims of the plaintiff against Defendant, with prejudice, along with any additional relief the Court deems appropriate and just. Dated: May /V 2008 Respectfully submitted, WOLF & WOLF, Attorrn] eys at Law l i ? By' ` Stacy B. W lf, Esquire f' 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant JEFFREY S. COHICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT M. PHILLIPS, JR., Defendant : CIVIL ACTION -LAW : NO. 08-2127 CIVIL CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, certify that a copy of the foregoing Preliminary Objections have been served on this date by first class mail upon the following individual: Jeffrey S. Cohick 390 Alexander Spring Road Carlisle, PA 17015 Respectfully submitted, WOLF & WOLF Dated: May &, 2008 BY: Stacy B. W , Esquire ' 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant ?,? ?,? .??? . _, `'?' ?,.. ,? ??. r:.?, `.? c:r:: :_ FAFILMaients\8369 Cohick\8369. Lresp.po JEFFREY S. COHICK, Plaintiff V. ROBERT M. PHILLIPS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2127 CIVIL CIVIL ACTION - LAW PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that the District Judge found in favor of the Defendant. It is denied that possession was not granted to Plaintiff as Defendant had already surrendered the property and therefore possession was not required. 4. Admitted. 5. Admitted. 6. No response is required. 7. Admitted. It is admitted that a Complaint was filed by Plaintiff requesting rent in the amount set forth therein. By way of further response, it is irrelevant for this action on appeal what allegations were set forth in the Complaint filed at the District Justice level. Magisterial District Judge's Rule 1007 states, "The action upon appeal may not be limited with respect to an amount in controversy ... added or changed averments or otherwise because of the particulars of the action before the Magisterial District Judge." See Rule 1007(b). 8. Admitted. See response to Paragraph 7. 9. Denied. See response to Paragraph 7. By way of further response, with the Notes section under Rule 1007, it states, "Under Subdivision (b), the Court of Common Pleas on appeal can exercise its full jurisdiction and all parties will be free to treat the case as though it had never been before the magisterial district judge...." (Emphasis added). 10. Denied as a conclusion of law. r 11. Denied as a conclusion of law. WHEREFORE, Plaintiff respectfully requests this Court deny Defendant's Preliminary Objections and grant any other relief it deems appropriate. MARTSON LAW OFFICES By C1 S- te-, Christopher E. Rice, Esquire Attorney I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: , ?_ p?j 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 to Preliminary Objections was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stacy B. Wolf, Esquire WOLF & WOLF 10 West High Carlisle, PA 17013 MARTSON LAW OFFICES By M Price Ten t High Street Carlisle, PA 17013 (717) 243-3341 Dated: 6-/ !Y/af r,-- ? ? ? .t+ «?' ? , ?? 4 v ",? r? FAFILESUients\8369 Cohick\8369. Lpra JEFFREY S. COHICK, Plaintiff V. ROBERT M. PHILLIPS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2127 CIVIL CIVIL ACTION - LAW PRAECIPE To the Prothonotary: Please enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER as attorneys for Plaintiff in the above-referenced matter. MARTSON LAW OFFICES B Cam.'`, _/'A 'r- Christopher E. Rice, Esquire Attorney I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: lO - y pf2 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stacy B. Wolf, Esquire WOLF & WOLF 10 West High Carlisle, PA 17013 MARTSON LAW OFFICES By ' 6Le? M Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: t ,c- c' =??? cry PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Jeffrey S. Cohick, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robert M. Phillips, Jr., Defendant No. 08-2127 , Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.l: Defentant s Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Christopher E. Rice, Esquire 10 East High Street, Carlisle, PA 17013 (Name and Address) (b) for defendants: Stacy B. Wolf, Esquire 10 West High Street, Carlisle, PA 17013 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 3, 2008 Defendant Date: Attorney for INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Stacy B. Wolf Print your name Cy =: a C-7 = r .' NO .? JEFFREY S. COHICK, Plaintiff vs. ROBERT M. PHILLIPS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2127 CIVIL IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT BEFORE HESS, OLER AND EBERT, J.J. ORDER AND NOW, this day of October, 2008, the preliminary objections of the defendant to plaintiff s complaint are DENIED. BY THE COURT, /Christopher E. Rice, Esquire For the Plaintiff /Stacy B. Wolf, Esquire For the Defendant Am 1?I ir-S .ns.LL . Hess, J. 4 e'?; ?.. ? ?'" i- R ? ,. _ fir- ?_'t.: ?= _ .. +- y ?o fJ?,., _ ?.,.1 4 ? ? t:,.... I » '°' ?? .__ _... LL .-t. r.:_' "s ?'1 ? ?" ? ... C41 D STACY B. WOLF, ESQUIRE SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR DEFENDANT JEFFERY S. COHICK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT M. PHILLIPS, JR., Defendant To: Plaintiff : CIVIL ACTION - LAW : NO. 08-2127 NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, WOLF & WOLF i November /a , 2008 STAGY . WOLF, ESQ IRE STACY B. WOLF, ESQUIRE SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR DEFENDANT JEFFERY S. COHICK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ROBERT M. PHILLIPS, JR., : NO. 08-2127 Defendant ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW comes Defendant, Robert M. Phillips, Jr., by and through his attorney, Stacy B. Wolf, Esquire, and files this Answer to Plaintiff's Complaint, representing as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. Byway of further response, Defendant continued residing at the property after being told one time that it was rented as a commercial property. 5. Denied as stated. By way of further response, $400.00 in rent was paid in January, 2008. 6. Admitted. 7. Denied. To the contrary, Defendant vacated the premises on March 7, 2008 in accordance with Plaintiff's eviction notice directing that Defendant vacate the premises by March 8, 2008. Denied as stated. Byway of further response, Defendant left personal items behind after being told by Plaintiff that Plaintiff would not return Defendant's $1,300.00 security deposit. 9. Denied. To the contrary, Defendant made complaints to Plaintiff concerning the basement flooding numerous times causing damage to Defendant's inventory and equipment, concerning insects in the building, and concerning problems in the bathroom with fixtures falling and the toilet needing repairs. 10. Denied. To the contrary, Defendant never told Plaintiff he was refusing the opportunity for a walk through upon vacating. 11. Denied. Strict proof thereof is demanded. 12. Admitted as to language contained in lease. Byway of further response, language of lease is irrelevant due to Plaintiff's termination of the lease. 13. Denied as stated. Byway of further response, Defendant has refused to pay the sum in dispute and Plaintiff is still retaining Defendant's $1,300.00 security deposit. 14. Denied. Strict proof thereof is demanded. WHEREFORE, Defendant respectfully requests this Honorable Court dismiss Plaintiff's Complaint, with prejudice, and that judgment be entered for Defendant and against Plaintiff along with any additional relief the Court deems just. 15. The responses set forth in Paragraphs 1-14 above are incorporated herein by reference. 16. All rent was paid in full by Defendant through December, 2007. 17. Defendant paid $400.00 in rent for the month of January, 2008. 18. Plaintiff has retained the $1,300.00 security deposit paid by Defendant. 19. Defendant complied with Plaintiff's thirty (30) day eviction notice dated February 8, 2008 by vacating the premises on March 7, 2008, prior to the March 8, 2008 deadline. 20. Plaintiff's eviction of and demand for possession from Defendant constituted a termination of the lease and deprived Defendant of the use and enjoyment of the premises beginning March 7, 2008. 21. Plaintiff is entitled to no amount of rent for any period following the termination of the lease, beginning when Defendant was excluded from the premises as a result of Plaintiff's eviction. 22. Plaintiff's eviction resulted in the repossession of the premises by Plaintiff to the detriment of Defendant. 23. In the alternative, Plaintiff has the duty to mitigate his damages. WHEREFORE, Defendant respectfully requests this Honorable Court dismiss Plaintiff's Complaint, with prejudice, and that judgment be entered for Defendant and against Plaintiff along with any additional relief the Court deems just. Respectfully submitted, WOLF & WOLF November .??. , 2008 BY: STACY .WOLF, ESQUI Supreme Court ID No. 88732 10 West High Street Carlisle, PA 17013 (717) 241-4436 Attorney for Defendant VERIFICATION I, the undersigned, hereby verify that I am the defendant in the above-referenced action and that the facts stated in the above answer 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. c , 2008 1 Robert M. 'llips, Jr. STACY B. WOLF, ESQUIRE SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-2414436 ATTORNEY FOR DEFENDANT JEFFERY S. COHICK, Plaintiff V. ROBERT M. PHILLIPS, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 08-2127 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I have mailed a true and correct copy of Defendant's Answer to Plaintiff's Complaint, via U S. Mail, postage prepaid, to the following: Christopher E. Rice, Esquire Martson Law Offices 10 E. High Street Carlisle, PA 17013 Counsel for Plaintiff Date: November _ZgR,2008 Stacy B. 1f, Esquire Attorney r Defendant -? ? ma rv - c R 1. FARLESUients\8362 Cohick\8362.3.response JEFFREY S. COHICK, Plaintiff V. ROBERT M. PHILLIPS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2127 CIVIL : CIVIL ACTION - LAW PLAINTIFF'S RESPONSE TO NEW MATTER 15. Plaintiffs Complaint is incorporated herein by reference. 16. Admitted. 17. Admitted. 18. Admitted in part and denied in part. It is admitted that $1,300.00 is in possession of the Plaintiff. However, it is denied that the $1,300.00 has been retained. It is requested that the $1,300.00 be applied to the balance owed should Defendant fail to pay the amount in full. 19. Admitted. 20. Denied as a conclusion of law. By way of further response, Defendant is liable for the term of the lease. 21. Denied as a conclusion of law. 22. Denied as a conclusion of law. By way of further response, Defendant was in breach of the lease and, therefore, Plaintiff exercised his right to evict Defendant. 23. Denied as a conclusion of law. WHEREFORE, Plaintiff respectfully requests Defendant's New Matter be dismissed. MARTSON LAW OFFICES Date: /,?-A/d r By 7 j /Z--- Christopher E. Rice, Esquire Attorney I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff I VERIFICATION The foregoing Answer 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 my 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 crim 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 to New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stacy B. Wolf, Esquire WOLF & WOLF 10 West High Carlisle, PA 17013 MARTSON LAW OFFICES A A , U By_ /Ja4q) M Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: /? j ?/? F A ?. v a ?._ ?_ i"', ,, - ., ,, ?? a` JEFFREY S. COHICK, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT M. PHILLIPS, JR., NO. 2127 CIVIL 2008 Defendant 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 $ 22,015. 19 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Wolf & Wolf, 10 West High Street, Carlisle, PA 17013 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MARTSO LA/WW OFFICES By: Christopher E. Rice, Esquire ORDER OF COURT AND NOW, petition,. Esq., and captioned action (or actions) as prayed for. , 200___, in consideration of the foregoing Esq., and _ Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY fAli? l (\? u -j ern., ^V y? 1 ?? t JEFFREY S. COHICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT M. PHILLIPS, JR., NO.2127 ,CIVIL 20 08 Defendant 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 $ 22,015.19 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Wolf & Wolf, 10 West High Street, Carlisle, PA 17013 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, petition, Esq., and captioned action (or ,200 1 , in consideration of the foregoing Esq., and _ Esq., are appointed arbitrators in the ove EDGAR B. BAYLEY Respectfully submitted, MARTSO LAW OFFICES By: Christopher E. Rice-, Esquire ORDER OF COURT CO r CA- mLLI LJO w U- 0 u a? ed P;ee -.roe o? 1 d r r- JEFFREY S. COHICK, COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT M. PHILLIPS, JR., DEFENDANT 08-2127 CIVIL TERM ORDER OF COURT AND NOW, this- day_ of December, 2008, the appointment of Dale F. Shughart, Jr., Esquire, as the chairman on the Board of Arbitrators in the above- captioned case, IS VACATED. Richard W. Stewart, Esquire, isappointed in. his place. By the Edgar B. Bayley, J. Richard W. Stewart, Esquire Court Administrator :sal F?\FILEWhenrs\8362 Cohick\8362.3. pra JEFFREY S. COHICK, Plaintiff V. ROBERT M. PHILLIPS, JR., Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2127 CIVIL CIVIL ACTION - LAW PRAECIPE Please mark the above-captioned matter settled and discontinued. MARTSON LAW OFFICES B (??-4 s n y Christopher E. Rice, Esquire Attorney I.D. No. 90916 10 East High Street Carlisle, PA 17013 / q (717) 243-3341 Date: /?/? 1 Attorneys for Plaintiff WOLF & WOLF By; Stacy B. olf, Esquire 10 West igh Street Carlisle, PA 17013 Date: 3/ 0 '710 Attorneys for Defendant CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stacy B. Wolf, Esquire WOLF & WOLF 10 West High Carlisle, PA 17013 MARTSON LAW OFFICES BY L?c-ei M Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: ?,/?;/a/ C7 ? rn cr.3 !