HomeMy WebLinkAbout09-3612LAVERTUE HOLDINGS, INC., IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL DIVISION - LAW
ESTATE OF NANCY K. BAKER, : No. 09- 316,1Z CIVIL TERM
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by
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 of for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 Bedford Street
Carlisle, PA 17013
(717) 249-3166
LAVERTUE HOLDINGS, INC.,
Plaintiff,
V.
ESTATE OF NANCY K. BAKER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION -LAW
No. 09- 3 4 /-;1- CIVIL TERM
COMPLAINT
AND NOW comes Plaintiff, Lavertue Holdings, Inc. by and through its attorney,
James M. Robinson, Esquire, and represents as follows:
STATEMENT OF FACTS
1. Plaintiff, Lavertue Holdings, Inc., is a Pennsylvania corporation with an office
located at 63 Skyline Drive, Mechanicsburg, PA 17050.
2. Defendant, Nancy K. Baker, deceased, resided at 415 Kauffman Street,
Boiling Springs, PA 17007, and was the President and operator of Pet
Adoption and Placement Services, Inc. (hereinafter "PAPS") until her death
on March 20, 2009.
3. An estate for Defendant Nancy K. Baker was opened in the Office of the
Register of Wills for Cumberland County on March 30, 2009, under file no.
21-09-0300.
4. Plaintiff and Defendant executed a Commercial Lease for rental of real
property located at 705 Spring Garden Street, Carlisle, Cumberland County,
Pennsylvania, for a three (3) year period from September 1, 2008 through
August 31, 2010 at a monthly rent of $1,000.00. See Exhibit "A" attached
hereto.
5. Defendant entered into this lease in her individual capacity as "Nancy Baker
d.b.a. PAPS.
6. Defendant operated PAPS, a no-kill animal shelter, from these premises.
7. In December 2008, Defendant's husband, Paul Baker, notified Plaintiff that
Defendant would be vacating the premises by January 1, 2009.
8. Defendant paid her monthly rent to Plaintiff through December 31, 2008.
9. Defendant continued to occupy the premises until, and physically vacated the
premises in late February 2009.
COUNTI
RENTAL AMOUNTS DUE
10. Paragraphs 1 through 9 are incorporated herein as if fully set forth.
11.Although Defendant, through her husband, had noted Plaintiff that she was
vacating the building by December 31, 2008, through which she had paid
rent, she actually did not vacate until late February 2009, owing the Plaintiff
rent of $1,000.00 each for the months of January and February 2009, for a
total of $2,000.00.
12. Paragraph 3 of the Commercial Lease provides that, in the event the
Defendant vacates the building prior to the expiration of the term, then "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." (See Exhibit "A" attached
hereto).
13. Defendant vacated the premises in late February 2009, approximately 32
months prior to the end of the current term of the lease, which triggered this
provision.
14. As a result of her early termination of the lease, Defendant owes to Plaintiff
twelve (12) month's rent at $1000.00 per month, for a total of $12,000.00
pursuant to Paragraph 3 of the Commercial Lease.
WHEREFORE, Plaintiff requests that this Honorable Court enter a judgment in its
favor and against Defendant for rent owed under the Commercial Lease in the amount
of $14,000.00 plus any other fair and equitable relief the Court may deem appropriate.
COUNT II
COSTS OF RESTORATION AND REPAIR
15. Paragraphs 1 through 14 are incorporated herein as if fully set forth.
16. Paragraph 4 of the Commercial Lease provides that upon the expiration of the
term, the premises will be restored, at the option of the Lessor, to its condition
prior to the start of the term.
17. Defendant had an insurance policy on the premises through J. Rodney Fickle
Insurance Agency of Carlisle, which policy named Lavertue Holdings, Inc. as
an additional insured.
18. Immediately upon entering the building for inspection, the Plaintiff detected a
strong odor of urine.
19. There was no odor in the building when the Defendant originally occupied the
premises.
20. Plaintiff took preliminary, simple steps to try to resolve the problem by
opening windows, running fans, etc., which steps did nothing to mitigate the
odor.
21. On or about March 4, 2009, Plaintiff placed a claim for damages by contacting
Kathy at Defendant's insurance company, J. Rodney Fickel Insurance
Agency.
22.After a follow up telephone call to Bill Fickel of the J. Rodney Fickel Insurance
Agency on or about March 24, 2009, Plaintiff was contacted by Patricia
Bowers, a Claims Specialist with Ohio Casualty, the underwriter of the policy.
23. In early April, 2009, Plaintiff met with Tiffany, an adjuster for Ohio Casualty, at
the premises to investigate the claim.
24. Ohio Casualty reported to Plaintiff, by letter dated April 8, 2009, that it was
denying Plaintiff's claim. See Exhibit "B" attached hereto.
25. Inspections by experts indicated that the urine had saturated the concrete
floor, which would have to be sealed in order to remove the odor.
26. On or about April 24, 2009, in an attempt to resolve or mitigate the problem
odor, Plaintiff had the entire concrete floor sprayed with a cleaning agent by
Advance Cleaning & Restoration at a cost to Plaintiff of $552.00. See Exhibit
"C" attached hereto.
27. Because the spraying did not remove or mitigate the odor, Plaintiff contracted
with and had the entire floor painted by Shillito Oil, Inc. of Dillsburg,
Pennsylvania, at a cost to Plaintiff of $754.11. See Exhibit "D" attached
hereto.
28. Upon further inspection, it was determined that the urine had saturated the
drywall and insulation in the walls.
29. Plaintiff has obtained an estimate from Jim Fishel of the costs to remove and
replace the drywall and to re-paint the walls, which estimate totals
$12,420.00. See Exhibit "E" attached hereto.
30. Plaintiff has attempted to mitigate its losses by re-leasing the premises and
has listed it with Wolfe & Shearer Realtors of Carlisle, who has been unable
to secure another lessor because of this strong urine odor.
WHEREFORE, Plaintiffs request that this Honorable Court enter a judgment in its
favor and against the Defendant, in the amount of $13,726.11 for its costs to restore the
premises to such a condition that it could be rented to another lessee, plus any other
fair and equitable relief which the Court may deem appropriate.
Respectfully Submitted,
TURO LAW OFFICES
M. R inson, Esquire
v for )Plaintiffs
COMMERCIAL LEASE
This Agreement of Lease made this 1st day of September, A.D. 2008 between Lavertue Holdings, Inc.,
Lessors, parties of the one part, and Nancy Baker d.b.a. PAPS, Lessees, parties of the other part.
Witnesseth, that the said party of the one part, in consideration of the rents and covenants hereinafter
mentioned, does demise and lease unto the said second party, to be used as a veterinary rehabilitation
center, the premises situate in the Township of South Middleton, County of Cumberland and State of
Pennsylvania described as follows, to wit: 705 Spring Garden Street, Carlisle, PA 17013 (4800 square
feet, two-story, metal-sided warehouse building.
To have and to hold unto the said second party, subject to the conditions of this Agreement, for the term
beginning on the 1 st day of September 2008, and ending on the 31 st day of August 2010.
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 $12,000.00 Dollars annually and other consideration hereinafter mentioned
payable as follows: viz., in monthly installments of 1,000.00 Dollars due and payable on the 1 st day of
each month. The said second party has paid the required security deposit in the amount of $1,000.00.
THE DEMISE HEREIN CONTAINED is made and accepted on the following express conditions:
1. 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. No hazardous materials of any kind shall be stored or
processed at this property.
2. The rent reserved shall be promptly paid on the several days and tunes 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.
5. A Holding over by the Lessee beyond the term of this lease shall be a renewal of the term
of this lease for another like term, and the said renewal shall be under the subject to all the provisions as
contained in this agreement.
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 ve ossession 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 shall not 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 right to 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 Lessee agrees 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. Any and all materials shall be stored within the building facility.
10. In the event of the filing of a petition in bankruptcy, whether voluntary or involuntary, by
or against 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.
11. In the event that the premises occupied by the Lessee shall during said term be destroyed
by fire, thereby making the premises untenantable and unfit for occupancy 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 judgment 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 facias 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 condition of this lease the Lessee shall be a non-
tenant, subject to dispossession by the said Lessor, without further notice or process of law, with release
of error and of damages, and the said Lessor may re-enter the premises and dispossess the Lessee without
thereby becoming a trespasser. And the Lessee hereby waives the benefit of all exemption laws of 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 purpose of ingress and egress.
18. The party of the second part will bear, pay and discharge when and as the same become
due and payable all judgment and lawful claims for damages or otherwise against said parties of the first
part arising from its use or occupancy of said leased premises or the sidewalk in front and side of said
premises, and will assume the burden and expense 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 or 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 by the parties that the whole agreement is embodied in this
agreement and that no part or item is omitted.
21. The second party does also hereby waive any and all demand for payment of the rent herell)
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 or of recovery of possession without legal
process or by means of any action of proceedings whatsoever.
22. PAPS agrees to maintain liability insurance and designate Lavertue Holdings, Inc. as a named
insured on the policy.
23. Lavertue Holdings, Inc. (LHI) agrees to give P.
decides to sell the property.
C') A
WI1NESS
W1 NESS
LESSEE
0--X? O ,c•c. _
LESSOR
7-e),
! "° ?'
Ohio
Casualty
Member of Liberty Mutual Group
April 8, 2009
Ms. Anna LaVertue
T/A LeVertue Holdings Inc.
63 Skyline Drive
Mechanicsburg, PA 17055
RE: Our Insured: Pet Adoption Placement Service, Inc.
Claim Number: 103623710
Date of Loss: 03.04.2009
Dear Ms. LeVertue:
Claim Department
275 Grandview Ave, Suite 300
Camp Hill, PA 17011
(717) 763-7331
(800) 382-1223
We have completed our investigation in to the facts and circumstances relative to the above captioned
claim to you property in Carlisle, Pennsylvania.
Please note that the policy our insured has with our company pays for property damage as a result of an
occurrence. The two months past due rent you are claiming is not property damage. Additionally, the
hole in the wall as a result of the installation of a propane line is not an occurrence and is not covered
under this policy.
Finally our investigator who survey your property reported back to us that while she agreed there is an
odd smell in the building, she cannot relate that back to our insured's business or even determine that the
smell is in anyway related to animals.
For these reasons we must respectfully deny your claim.
Should you have any questions regarding our decision, please feel free to contact me.
Patricia J.
Claim Spe
800-382-1
Ohio CasualtyTM member underwriting companies:
American Fire and Casualty Company, Consolidated Insurance Company, Excelsior Insurance Company, Indiana Insurance
Company, Mid-American Fire & Casualty Company, The Midwestern Indemnity Group, Montgomery Mutual Insurance Company,
The Netherlands Insurance Company, The Ohio Casualty Insurance Company, Ohio Security Insurance Company,
Peerless Indemnity Insurance Company, Peerless Insurance Company, West American Insurance Company
(Not all companies may be Acensed in all states.)
t INVOICE
PO Sox 18709 91 n 988-0270
HARRISBURG, PA 17112 (800) 934-0102
X067
wwwX?gclean6$ffl0 rs.c0m
ER VF ' C1 i S TV _ AGE OF TILE & GROUT I TYPE
_
ADDRESS
AGE of CARPET ? UPHOLSTERY a COLOR
CITY }y t t ? ?S ? y :2?, ;' -
ZIP f 7 a SZJ . oATE , CASH ? CHECK ? Mc ? vlsa ?
c?
HOUSE PH.
CELL PH. L? O TECHNICIAN (S)
-
MAT lrr` iINFI A bf
: t
J i -
EMAIL SO'?I iT
Jo S
?R? ?54F
-
-
.
,
1
DO NOT REMOVE PROTECTIVE PADS UNDER FURNITURE FOR 48 HOURS
EMimate Amount
TILE, GROUT, & NATURAL STONE SERVICE QUATERNARY DISINFECTANT Tile:
SF SERVICE TOTAL
TILE & GROUT # OF SERVICE TOTAL
NATURAL STOW FLOOR AREA stow
sNeAUNG r ENKUANC?IeNr , .", _
• OTHER SURFACE AREA
-
ADDITIONAL SERVICES
- carpet.
• (Ramp, Pa61ing, Pn " WMNig, COMMA, Pool Dodo. Fwwkg, GemW Fb^ eb.) FOGGING
CARPET CLEANING ANCILLARY SERVICES Upholstery:
# OF SERVICE TOTAL TYPE 912LOM Y PRICE PER
BR
- --
LWFR ? - A(ICiiiBT)/:
_ STARS `. : -.Other;
- HARE OR BATH ,. -
UPFK)L$'FERY MEANING CAitPETIUPHOLSTERY ADDITIONAL SERVICES ' OUIer.: " , (,
# OF TOTAL 5 50
SOFA(S) # OF TOTAL -
LOVE SEAT(S) TEFLON Sub Total:
RECLINER(S)
_ SANITIZING
WING BACK(S) TOTAL:
OR CHARS) OTHER
OTHER NOTICE MAKE CHECKS PAYABLETO'ADVANCED CLEANING aRESTORATA ON'
SSA
sOF n s TOTAL
R -
`j • •
5=1
1?p N ! ? OUR COMPANY WILL
NOT BE RESPONSIBLE.
FOR ANY INJURII S OR
TO TFUINK YOU FOR YOUR VALUED PATRONAC? AND TRUST.
V?SH
Y WE HIkVE-THE PLEASIdlit oF= SERVINdvYOU IN THE +I=
SHOULD THE NEED ARISE
,
_L .
-
PST I
40 DAMAGE THAT MAY CUSTOMERCarMEa
S
- OCCUR FROM FLOORS ry
):
THAT MAY BE LEFT
--
DAMP OR WET
CONIDIT KM OUR COWANY AGREES TO PERFORM THE SERVICE INDICATED IN A PROPER AND WORKMAN-LIKE MANNER, USING EWIPIENT AND DETERGENTS STANDARD FOR THE CLEANING MIDUSTRIES. THE CUSTOMER
AGREES THAT OUR ODIIANY SHALL NOT BE HELD LIABLE FOR THE FAILURE TO REMOVE STARS. NOR FOR DISCOLORATION FROM NON-FAST DYES. BACKING ANY SHRINKAGE OR PASTED CURVES. OR FADING FABRICS WHICH
MAY APPEAR IN THE PROCESS OF CLEANMMs, FRAYING OF FABRICS IN AREAS OF NORMAL WEAR WILL NOT BE A RESPONSIBILITY OF OUR COMPANY, ALL FABRICS CLEANED ONLY AT CUSTOMERS RISK. OUR COMPANY WILL
ACCEPT NO RESPONSBILRYFOR CONDITIONS OCCURMNG PRIOR TO CLEANING, NOR WILL OUR COMPANYBE RESPONSIBLE.FOR DAMAGE TO FABRICS CLEANED. OUR COWANYWILL NOT BE LIABLE FOR ANY FURNITURE STAINS
CAUSED BY CLEANING.
uz a aRwr cLxAwm OLIR SERVICE REaums AN INJOONOTIHOH AL RELEASE OF ANY AND ALL REwoNmLrry FOR REAL OR IMAGINED DAMAGE CAUSED BY OUR ATTEMPT TO SERVICE YOUR TILEWtOUT LINES (IE. POOR
VVORIGOA MW. CRAM: STAmm ETCHED OR DEGRADED TLEAROUT, DAMAGED TILES, WATER STAINS, ETC.) - - -
TIRE 8 eRWT K QUR SERVE E3 ARE VVARRWED FORA PERIOD OF 30 DAYS. WE WILL NOT BE HELD LIABLE FOR REPAIRS STEMMING FROM ACTS OF 000. PRIOR DAMAGES, POOR WOWM0 NSHW,, iUBBTRATE CRACIING
ABUSE, YNATER•10AW OR ANY OTFERSIAGST - -
f
OP4N' NCG THE ARTICLES TO' ? C4EMNED THE•ADVHANCED CLEANING 8 RESTORATION TECHNICIAN POINTED OUT THE FOLLOIMNG TO ME:
I AME NI?ADVISED THE ABOVE VBBLE CONDITIONS CANNOT BE. CORRECTED BY CLEANING. AND I HEREWITH GIVE MY PERMISSION TO CLEAN MY FURNITURE. AND CARPETING HAVING FULL IGigNLEDGE OF THE VISIB
WNWIT'IONS OF MY FURNITURE AND CM CARPETING PRIOR TO CLEANING. DATE: CUSTOMER SIGNATURE:
SERVICE YOU RESPECTFULLYREOUESTED TO COMPLETE THIS CONTRACT BEFORE THE TECHNICIAN LEAVE THE HOUSE. AND IF YPU FIND EVERYTHING SATISFACTORY.
ANY WAY, PLEASE PHONE OUR OFFICE IMMEDIATELY (.'
THE ABOVE WORK HAS BEEN SATISFACTORILY COMPLETED. CUSTOMER SIGNATURE E,.f..-
THIS
PROJECT QUOTE
Advanced Cleaning & Restoration
P.O. Box 6763
M 000800
Harrisburg, PA 17112
(717) 489-0270
(800) 934-0102
www.thecleanestfloors.com
Client Name: G,?tJ(? ?}?/frt-IV(C?
Address: ::7QS MA/M6A1Nd6, &jA%,4kj
City/State/zip: ,AJ?Uikr- hbr'-S
Phone 1: ( ,Boa - gsSb (?%
Phone 2: ( )
Quote Date: /?1"- 09
Referral Source 4N
(Yellow Pages/Ads/Referral, etc)
Email Address
TILE & GROUT CLEANING SERVICES
Service S Ft Rate Total $
Ceramic Tile
Grout Sealing
Countertop Cleanino
Countertop Sealing
Other 0 3
Other ti0 d
Other
DMIZ4-.A S Total $
/
04- APMCC4 "«/
CARPET CLEANING SERVICES
Type: Synthetic Natural Blend
Service # Total $
Number of Areas Cleaned
Pet Stains & Treatment
Teflon Protection
Other
Other
Other
Other
Total $ Area S' Ft Total
x
x
x
x
x
x
x
Total Square Feet
UPHOLSTERY CLEANING SERVICES
Type: Synthetic Natural Blend
Service Total,$
Sofa
Loveseat
Sectional
Chair/Ottoman
Dining Chairs
Car/Truck/Van/Utility
Other
Total S
C Q P04? f ? - C?ifl7 v?./R?v )
(O-M,f
SUBTOTAL $
55.2 c/IJ
OTHER $
.GRAND TOTAL
-- f S,.
DEPOSIT PAID T$
This estimate is good for 30 days from quote date indicated above.
SHILLITO OIL, INC.
1014 York Road
DILLSBURG, PENNSYLVANIA 17019
432-9676 FAX 432-3714
SOLD BY DATE
20
NAME LAVE ^ -rO 6? /Ne,
ADDRESS
CITY C 1 J El S L
No. 01994 94ank (you
Jim Fishel
139 Lakeview Drive
Carlisle, PA 17019
PROJECT QUOTE
Client Name: Lavertue Holdings, Inc. Quote date: 5-4-09
Address: Spring Garden Street
City/State/Zip: Carlisle, PA 17013
• Remove and dispose of existing
drywall
• Replace drywall
• Paint a rox. 4400 . ft. $12,420.00
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
)-N7, "y' GJVVrJ JOAJW??
Date Anna Lavertue, Vice President
Lavertue Holdings, Inc., Plaintiff
cig
7 l i r 17)
?'' 1 S r
79. s? 3LL f
cK4- q.?4i I
Iq .4 a2tog3
Sheriff s Office of Cumberland County
R Thomas Kline ~4~~sa nt ~~t~brr~~~~ Edward L Schorpp
Sheriff ~ Solicitor
.g
~,` ~.
Ronny R Anderson °` '~ Jody S Smith
Chief Deputy 4F€r~E c~~ ass ~RiF~ Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
06/11/2009 02:30 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 11,
2009 at 1430 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Estate of Nancy K. Baker, by making known unto Paul Baker, executor at 415 Kauffman
Street Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $42.84
SO ANSWE
June 12, 2009
2009-3612
Lavertue Holdings, Inc.
v
Estate of Nancy K. Baker
R THOMAS KLINE, SHERIFF
1~
Deputy S.eriff
N
^
t'~°a- ~ ~
------~~
r
f. ~- _6
Ol ~~~
""~ CJ7
Cs'1
LAVERTUE HOLDINGS, INC.,
Plaintiff,
V.
ESTATE OF NANCY K. BAKER, and
PET ADOPTION PLACEMENT
SERVICE, INC.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION -LAW
No. 09-3612 CIVIL TERM
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
James M. Robinson, Esquire, counsel for the Plaintiff in the above action, respectfully
represents that:
1. The above-captioned action is (or actions are) at issue.
2. The claim of the Plaintiff in the action is $25,726.11.
3. There is no counterclaim in this action.
The following attorneys are interested in the case as counsel or are otherwise
disqualified to sit as arbitrators:
Ron Turo, Esquire
Galen R. Waltz, Esquire
James M. Robinson, Esquire
Michael R. Smith, Esquire
Lorin A. Snyder, Esquire
Mark A. Mateya, Esquire
WHEREFORE, YOUR Petitioner prays this Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully submitted,
E
J M. Robin on, Esquire
249 DEC 18 PCi t : 09
-?Qq- 00 ?,L 4
eK* vs<<
t
L ~ '
2010 ELY 13 P1r 1 ~ 17
LAVERTUE HOLDINGS, INC., IN THE COURT OF COMMON PLEAS
Plaini~~~~~s~-~;,.; ;;__.;~~ ;,~t~MBERLAND COUNTY, PENNSYLVANIA
r ~~~~,Iv~~ l,~r,wL'-~
v.
ESTATE OF NANCY K. BAKER, and
PET ADOPTION PLACEMENT
SERVICE, INC.
Defendants
CIVIL DIVISION -LAW
No. 09-3612 CIVIL TERM
PREACIPE FOR ENTRY OF JUDGMENT
TO THE PROTHONOTARY OF SAID COURT:
Enter Judgment in favor of the Plaintiff and against the above-named Defendant,
Pet Adoption Placement Service, Inc. in the amount of $9,344.11 pursuant to the award
of arbitrators dated February 19, 2010.
Pursuant to Pa.R.C.P. No. 237, I certify that written notice of the intention to file
this praecipe was mailed or delivered to the attorney of record for the party against
'' whom judgment is to be entered.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S.A. § 4904 relating to Unsworn Falsification to Authorities.
TURD LAW OFFICES
.~' ~ / ~
Date
Ja s M. Ro nson, Esquire
28 outh Pitt treet
Carlisle, PA 17013
(717) 245-9688
Attorney for the Defendants
Supreme Court ID No. 84133
l /~~ `,~"GfC~J
~~~~ r~ Ll ~~~ 3
~~ //
/1.~U~~.`f' . /,
~r~'
,~~i~i..L~yJ