HomeMy WebLinkAbout01-0227COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
uF CUI'iBERLA[~ COU/~T¥
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS NO. O/~' ,,,?-~ ¢
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 mentioned below.
NAME OF APPELLANT
The Aulson Company
ADDRESS OF APPELLANT
49 Danton Drive
I
i2/i3/2U00
CV YEAR
~ntreri
0060634-00
LT YEAR
CITY
Hethuen
This block will be signed ONLY when this notation is required under PA.
R.G.P.J.P. No. 10086.
This notice of Appeal, when received by the District Justice, will operate as
A SUPERSEDEAS to the Judgment for possession in this case.
STATE ZIP CODE
/;A 01544
rs, Simon and Autson Company
If appellantwas Claimant (see PA R.C.P,J.P.
No. 1001(6)) in action before district Justice, he
MUST FILE A COMPLAINT wilhin twenty (20)
days after filing/?is NOTICE of APPEAL.
PRAEClPE 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.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notiDe of appeal to be served upon appellee.
PRAEClPE: To Prothonotary
EPter rule upon ~)'~-~/~h~-~ -~--'['"J'" ____, appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. O/- ~,,2 '~ ~ _) within twenty (20) days after service of rule or suffer entry ct judgment of non pros.
RULE' .appei,ee(s
Name o! 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
alter 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 WILL BE ENTERED AGAINST YOU
UPON PRAECIPE.
(3) The date of service of this rule if service was by mail is the date of the mailing.
...... Signature of Prothonotery~r D~OU~y
White ~ Prothonotary Copy
Green - Court File Copy
Yellow - Appelant's Copy
Pink Appellee Copy
Gold - D.J. Copy
Proth. - 76
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling the notice of appeal. Check applicable boxes
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby swear or affirm that I served
--"] a copy of the Notice of Appeal, Common Pleas No. __ ............ upon the District Justice designated thereto on
date of service ............ year .... [] by personal service [] by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee (name ................... or
....... year .... [] by personal service [] by (certitied) (registered) mail, sender's receipt attached hereto
]and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to
whom the Rule was addressed on ..... year , [] by personal service [] by (certified) {registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF ....... YEAR _ .
Signature of oflk;ial before whom aif~davi~ was made
Title of offlciat
My commission expires on .... year .... .
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-1-01
CHAELES A. CLEMENT, JR.
Address: 1106 CARLISLE ROAD
CAMP HILL, PA
(717) 761'4940 17011
ATTORNEY DEF PRIVATE :
JOSEPH U. METZ, ESQ.
214 PINE ST.
HARRISBURG, PA 17101
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
~NTRERI, MARIANNE
138 N. 30TH STREET
CAMP HILL, PA 17011
VS.
DEFENDANT: NAME and ADDRESS
~IMON, RON, ET AL.
49 DANTON DRIVE
METHUEN, MA 01844
Docket No.: CV-0000634-00 ~
Date F ed: 11/08/00
THiS IS TO NOTIFY YOU THAT:
~ Judgment was.entered for: (Name)
~ Judgment was entered againsi: (Name)
FOR PT,ATNTIFF
THR ATT[,~ON COMPANY,
TNC.
in the amount of $ t, 07R.4D on:
Defendants are jointly and severally liable.
Damages will be assessed on:
This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/Act 5 of 1996 ~
Levy is stayed for days or [] generally stayed.
Objection to levy has been filed and hearing will be held:
(Date of Judgment) 1 2/1 ~/00
(Date & Time)
Amount of Judgment $ 3,005.40
Judgment Costs $ 73.00
Interest on Judgment $ . O0
Attorney Fees $ .00
Total $ 3,078.40
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$
$
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JVOGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEA-S, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
~ / i ~ ,' ..~. Date ' ....... , District Justice
I certify that this is a true and correct copy of the record of the proceedings containJdg the'judgment.
_ Date ,'DiStrict Justice
My commission expires first Monday of January,
AOPC 315-99
2002 SEAL
(This proof of service MUST BE FILE~ WITHIN TEN (10) DAYS AFTER filing the notice of appea
~OI~MO~WEALTR OF ~INS~_~ A~A'
AFFIDAVIT: I hereby swear or affirm that { se~ed
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE I;(:~MF '..A/NT
;;;~ < apphcable boxes)
'~ e-~ef~of the Noti~t f ~,~emmofl P~es No. L r~I ''''~ ~ , upon the ishict Justice d~s gnat~ them n on
(~',of,~c.) ~'~ y.r ~ ~bype,so~iservJce by :.er[ie, I ,'e sered ~a senders
~ ~ ~ ~ ~ ~ ~e ~ a Complaint accompanying the above Notice of Appeal upo~ lhe appellee(s) to
COMMONWEALTH OF PENNSYLVANIA
COURTs'E. C,~N PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has tiled in the above Court of Common Pleas an appeal from the iudgment rendered by the
District Justice on the date and in the case mentioned below.
NAME OF APPELLANT
ADDRESS OF APPELLANT
DATE OF JUDGMENT J IN THE CASE OF (P~INTIFF~
I
,r., ~,,/ ~.~U~. ~Hcce~~'
CV YEAR
LT YEAR
This block will be signed ONLY when this notation is required under PA,
R.C.P.J.P. 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.
If appellant was Claimant (see PA R.C.P.J.P.
No. 1001(6)) in action before district Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his NOT/CE of APPEAL,
PRAEClPE TO ENTER RULI~ TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appeNant was DEFENDANT (see PA R~C.P.J.P. No. 1001(7) ir~ action before Distdcf Justice.
iF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAEClPE: To Prothonotary
_
Enter rule upon F),~K,~,~,J3_,~__ ~l, ['¢-.~" i" ___, appellee(s), to file a compiaint in this appeal
Name of appellee(si
(Common Pleas No.., '~__i , ,,," ~, 7 ,:' ,' ~, ,~__) within twenty (20) days after service of rule or suffer entry et judgment of, rr¢n pros.
RULE: To ~ ':'t~ ~ __ - _,~ ! ~'~2 ~' i' _, a~ellee(s)
Name of ~llee(s)
Date:
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) da~s
[~ter thio date of service of this rule upon you by personal service or by certified or registered mail.
(2)
(3)
you de"~i~3t file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU
*UPON~ECIPE.
T~e d~ service of this rule if service was by mail is the date ol the mailir~.
...... ~ ~ Signature Of Prothonbta~r ~uty
White
Green
Yellow
Pink
Gold
Prothonotary Copy
Cour~ File Copy
Appelant's Copy
Appellee Copy
D, J. Copy
Proth. -- 76
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Counsel for Plaintiff
MARIANNE INTRERI,
Plaintiff
THE AULSON CO., 1NC. and
RON SIMON,
Defendants
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-227
CIVIL ACTION - LAW
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 ajudgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
Carlisle, Pennsylvania 17013
(717) 249-3166
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Counsel for Plaintiff
MARIANNE INTRERI,
Plaintiff
THE AULSON CO., INC. and
RON SIMON,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-227
CIVIL ACTION - LAW
Plaintiff is Marianne Intreri, an individual residing at 138 North Thirtieth Street, Camp Hill,
Cumberland County, Pennsylvania 17011.
Defendant is The Aulson Co., Inc., a company doing business in the Commonwealth of
Pennsylvania with its principal office being 49 Danton Drive, Methuen, Massachusetts
01844.
Defendant is Ronald Simon, an individual whose mailing address is 49 Danton Drive,
Methuen, Massachusetts 01844.
4. Defendant Simon is an authorized agent of The Aulson Co., Inc.
Plaintiff is the owner of real estate located at 1705 Creek Vista Drive, New Cumberland,
Cumberland County, Pennsylvania 17070.
Plaintiff entered into a written lease with the Defendants for rental of the property. A copy
of said Lease is attached hereto as Exhibit "A" and incorporated herein by reference.
Pursuant to the paragraph 8 of the Lease, the monthly rental was SEVEN HUNDRED
NiNETY-FIVE DOLLARS ($795.00) per month and a security deposit of SEVEN
HUNDRED NiNETY-FIVE DOLLARS ($795.00) was due and payable.
Pursuant to paragraph 6 of the Lease, said lease term was specified through November 30,
1999 and thereafter would automatically renew for two (2) full calendar months thereafter
until appropriately terminated in accordance with paragraph 7 of said Lease.
On July 31, 2000, Defendants gave oral notice of vacation of the property in violation of the
terms of paragraph 7 of the Lease.
10.
Due to their vacating the property without sufficient written notice, the lease was effective
until September 30, 2000 and rental was due until that date.
11.
Defendants have failed to make the payments required for the months of August and
September, 2000 and the sum of ONE THOUSAND FIVE HUNDRED NINETY DOLLARS
($1,590.00) is due and owing for unpaid rental.
12.
Additionally, in accordance with paragraph 8.D., Plaintiff is entitled to late tees of
2
SEVENTY-NINE DOLLARS and 50/100 ($79.50) per month for the lack of payment or an
additional sum of ONE HUNDRED FIFTY-NINE DOLLARS ($159.00) for past due
rentals.
13.
Additionally, during the occupancy, Defendants caused physical damage and destruction of
the premises far in excess of any normal wear and tear.
14.
15.
The acts of damage and destruction, as well as the cost of repair paid by the Plaintiff, are as
follows:
A. Replace electric smoke detector; reattach ceiling light in upstairs hallway at a cost
of ONE HUNDRED EIGHT DOLLARS and 48/100 ($108.48);
B. Replace burned vinyl floor in kitchen and cut vinyl in foyer at a cost of SEVEN
HUNDRED FIFTY DOLLARS $750.00);
C. Refrigerator repair; replace m~ssing dishwasher parts at a cost of THREE
HUNDRED SIXTY-THREE DOLLARS and 58/100 ($363.58);
D. Clean stove; clean fireplace; remove trash and take to dump at a cost of ONE
HUNDRED NINETY-ONE DOLLARS and 50/100 ($191.50);
E. Repair of cracks; replace missing wallpaper; painting entire interior of house at a
cost of EIGHT HUNDRED NINETY-TWO DOLLARS and 32/100 ($892.32);
F. Replace window blinds in kitchen and in three bedrooms at a cost of SEVENTY-
NINE DOLLARS and 18/100 ($79.18); and
G. Replace broken kitchen window handle and torn kitchen window screen at a cost of
ONE HUNDRED THIRTY-FIVE DOLLARS ($135.00).
The total repair and replacement costs incurred by Plaintiff was TWO THOUSAND FIVE
HUNDRED TWENTY DOLLARS and 06/100 ($2,520.06).
16.
Plaintiff applied the Security Deposit received of SEVEN HUNDRED NINETY-FIVE
DOLLARS ($795.00) against said damages in accordance with paragraph 23 .F. of the Lease
but is due an additional cost of ONE THOUSAND SEVEN HUNDRED TWENTY-FIVE
DOLLARS and 06/100 ($1,725.06).
17.
Further, Plaintiff is entitled to receipt of counsel fees, costs as incurred as a result of
Defendant's breach of the lease agreement in accordance with paragraph 28.D. of the Lease.
18.
Plaintiff has incurred Barbara Sumple-Sullivan, Esquire as counsel and has agreed to pay her
the sum of ONE HUNDRED TWENTY-FIVE DOLLARS ($125.00) for her representation
in this matter. Plaintiff has additionally incurred fees at the District Justice filing which are
due for reimbursement. Plaintiff seeks all costs and legal expenses incurred until the date
of judgment, which sum is now in excess of FIVE HUNDRED DOLLARS ($500.00).
WHEREFORE, Plaintiff seeks judgment in the amount of THREE THOUSAND NINE
HUNDRED SEVENTY-FOUR DOLLARS and 06/100 ($3,97/4~O6),_p~lus prejudgment interest,
continuing legal costs and fees, as well as interest
Dated: January 30, 2001 / ~a,-/-/
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Plaintiff
4
EXHIBIT "A"
RESIDENTIAL LEASE
DATE of Lease: -IqOVEI~IBER
PARTIES TO LEASE AGREEMENT:
TENANT: (list all Tenants over 18 years old)
Name: -THE AULSON CO., INC.
Name: -c/O RON SIMON~ I
Name: -
LANDLORD: (list all Landlords)
Name: -MARIANNE INTRERI
Contact Name: -
C~--i~ , 1998
Work #: - Home #:-
Work #:-1-800-457-2366 X 627
Work #: - Home #:-
Work #: - Home #:-
Work #: - Home #: -737-4858
Work #: - llome #: -
Work #: - ltome #: -
Mailing Address: - 138 N. 30Tn STREET, CAMP HILL, PA ] 7011
AGENT FOR TIlE LANDLORD is JACK GAUGHEN REALTOR
If Managed by Jack Gaugben Realtor, managing Agent is: -
Agent's office telephone #: - Agent's direct dial telephone #: -
PROPERTY ADDRESS:
Landlord agrees to rent to Tenant the following Property:
- 17015 CREEK VISTA DRIVE, NEW CUMBERLAND, PA 17070
of-LOWER ALLEN Township and of- CUMBERLAND County, Pennsylvania.
TERMS OF LEASE:
A. Term of this Lease: -ONE YEAR AND 22 DAYS
B. Starting Date: This Lease starts on -NOVEMBER 10, 1998
C. Ending Date: This Lease ends on -NOVEMBER 30, 1999
RENEWAL TERM:
Fhis Lease will automatically renew for continuous and consecutive temrs of -2 full calendar mon{hs at thc Ending Date mfless:
A. Tenant gives Landlord -60 days written notice before Ending Date or before the end of any Renewal Term, OR
B. Landlord gives Tenant -60 days written notice before Ending Date or before the end of any Renewal Term, OR
C. Landlord and Tenant negotiate a new lease and terms at the Ending Date or before the end of any Renewal Term.
D. Tenant agrees that a full monii~'s rent is due for any month In which there is partial occupancy.
8. RENTAL AMOUNT:
A. The total amoun[ of rent due over the term of this Lease is ............................... $10,104.00
B. The rental amount due and payable in advance montbly is ................................ $ 795.00
C. Rent is due on or before the first day of each month.
D. Tenant will be charged a late charge of 10% if rent is more than 5 calendar days late cqnal to .... $ 70.50
Landlord's acceptance of thc late charge does not waive the Tenant's obligation to pay on time.
E. Tenant will pay a $25.00 fee for any check which is returned by any bm~k for any reason.
F. Tenant is to make all rent payments and otber charges payable to: - MARIANNE INTRERI
and mail or deliver to: -138 N. 30xa STREET, CAMP HILL, PA 17011
9. PAYMENT SCHEDULE: Due Date/Paid
A. Security Deposit, on deposit with: - LANDLORD DUE $ 795,00
B. First full month's rent in the amount of ............................. DIJE $ 7915.00
C. Part of a month's rent if Tenant takes possession after the first day of the month.
For period from -12/10/98 to -12/31/98 ~ DUE 12/1/98 $ 564.00
D. Pet Deposit: -
E. Other:-
Total amount due before Tenant moves in ..................................... $1590.00
10, USE OF PROPERTY & AUTHORIZED OCCUPANTS:
A. Tenant will use Property as a residential dwelling only. Teaant will not use the property for commercial uses.
B.Not more than -
-BILL MELENDEZ
C.Guests are permitted. A guest is a visitor for two (2) weeks or less...
D.Tenant will not use the Property for ally unlawful or illegal purpose.
I 1. PET POLICY:
A. No pets or animals ofany kind are permitted on or within the leased property except as described below:
-N/A
B. Pet Clause attached as part of this lease: ~]Yes [~No
12. DISCLOSURES:
Landlord bas made the following disclosures regarding the property, which are attached and made a part of this
Lease agreement:
[] Lead Paint [] Radoa [] Water Portability [] Septic
[] Other: [] Olber:
13. REPAIRS TO PROPERTY BEFORE MOVE IN, 1F ANY:
Tenant understands that Landlord will make no repairs, additinas, or changes to thc property except as follows:
-N/A
14. SUBLEASING AND TRANSFER: A. Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease re~nains tile same with the new landlord.
B. Tenant may not transfer this Lease or sublease (rent to another person) this Property w'thout Landlord's written pernnssiou.
Rev. 10/97 Page I of 5
·/LITIES AND SERVICE
A. Landlord will pay for or provide the following utilities and services:
[] Heat Is:
[] ltot water is: -
[] Electricity
[] Conking is: -
[] Water is:-
[] Sewer is: -
[] Trash removal
[] Association Fee
[] Furnace Contract [] Aunual furuace cleaning
[] Lawn & shrub care including grass cutting, trimnring, edging, weeding, raking, watering, & debris removal.
[] Sqow removal [] Sidewalks [] Parkiug lot [] Driveway [] Private lane
[] Salt for water softener
[]Other :-
B. Tenaul will pay for or provide the following utilities and services:
[] ttcat is: -ELECTRIC-HP/P P ~ L - 1-800-342-5775
[] Hot water is: -ELECTRIC
[] Electricity
[] Cooking is: -ELECTRIC
[] Water is: - PA AMERICAN - 1-800-717-7292
[] Sewer is: -OWNER WILL BILL
[] Trash removal -OWNER WILL BILL
[] Association Fee
[] Filter replacements
[] Lawn & shrub care including'grass cutting, trimming, edgiug, weeding, raking, watering, & debris removal.
[] Snow removal [] Sidewalks [] Parking lot [] Driveway [] Private lane
[] Salt for water ~oftener
[] Telephone-BELL ATLANTIC - 1-800-660-7111
[] TV cable-SUBURBAN - 540-8900
[] Other: -
Cost of any and all repairs where the cost of each repair is less limn $-50.00
16. APPLIANCES, IMPROVEMENTS, AND PERSONAL PROPERTY INCLUDED WITH PROPERTY:
A. The following is a list of personal property of tl~e Landlord which is included with the Property. These items are provided
for Tenant use. Tenant must tell Landlord if any of these items are no louger useable. Landlord has the right to decide whether
to repair, replace or remove tine item: -
B. The appliances/items marked offbelow am provided for the Tenant's use. Laudlord is responsible for the repair or
replacement of these items. Teuaut must tell Landlord if any of tbese items are not working properly.
[]refrigerator []range/stove []dishwasher []garbage disposal
[]washer []d~yer [3~awn mow~ ~r~
~ ~ ~window unit air conditioners ~
C. The appliancesfitems marked offbelow are provided for Ibe Tenant's use. Landlord is not responsible for the repair or
replacement of these items. If repairs are needed, Tenant may decide to repair these items at the Tenant's expense. Landlord
still owns these items. Tenant must tell Laudlord if any item is not working properly. Landlord has right to decide whether to
remove the item:
[]refrigerator []wt~glter []dryer [~lawu mower ['-[freezer
[]window unit air conditioners # [] [] []
17. SPECIAL CLAUSES:
If it is found that a,y part of this lease is void because of any law, it will void mdy lbat part and not the entire lease.
A. Tenants will bare the carpets professionally cleaned at the end of the lease and must provide a receipt to Landlord.
B.
D.
Rev. 10/97 Page 2 of 5
18. LANDLORD'S RESPONSIBILITIES:
A. Landlord will
1. Keep the Property and common areas in reasonable condition and as required by law.
2. Be responsible for any anc~ all repairs to the exterior of the Property and also agrees to be responsible for all repairs to
the interior of the Property including the heating, mechanical, plumbing, and electrical facilities which are part of file
Property, except as listed in paragraph 15.B.(Tenant's Responsibilities).
3. Keep Property reasonably free of pests, rodents and insects (except for single-fmnily properties.)
4. Supply utilities and services as listed in paragraph 15.A. (Utilities and Services) of this Lease, unless die service is
interrupted by circumstances beyond the Landlord's control.
5. Pay all taxes, assessments, insurance, mortgages, and utilities that are the Landlord's responsibility.
B. Landlord will not:
1. Pay the cost of any repairs necessary because of the Tenant, Tenant's family or guests' willful, careless, or
mtreasonable behavior.
2. Increase rents, decrease services, or threaten to go to court to evict Tenant because Tenant:
a. complains to a government agency or to Landlord about a building or housing code violation.
b. organizes or joins a Tenant's organization.
c. uses Tenant's legal rights in a lawful mariner.
19. TENANT'S RESPONSIBILITIES
A. Tenant will:
I. Tell Landlord immediately of any repairs needed.
2. Pay to repair any daurage to the Property or to any item iu or ou tbe Property that Tenant, Tenant's family or guests
3. Keep the Property clean and safe.
4. Get rid of aH trash, garbage and any other waste materials as required by Landlord and the law.
5. Use care when using any of the electrical, plumbing, or other mechanical facilities, or appliances on fl~e
property.
6. Pay tbe cost of all utilities and services including any late charges and penalties as listed in paragraph 15.B. (Utilities
and Services) of tbis Lease, wben due and on demand.
7, Maintain and test regularly all smoke detectors on the Property.
8. Notify Agent or Landlord of any broken smoke detector(s).
9. Pay for any damage to Property ifTenant fails to maintain smoke detectors.
10. Return the Property to its former condition or better, at the termination of the Lease, with the exception of ordinary
wear and tear or for causes beyond the Tenant's control.
B. Tenant will not:
1. Keep any flammable materials on the Property except in a closed, certified container.
2. Destroy or deface any part of the Property.
3. Disturb the peace and quiet of other tenants.
4. Make any changes 1o the property, such as painting or remodeling, without the written pemrissiou of Landlord.
5. Change any locks or keys without Landlord's written approval.
20. RIGHT TO ENTER:
A. Tenant must let Landlord or Landlord's representatives enter the Property at reasonable hours to inspect, to repair,
or to show the Property to possible buyers and possible tenants.
B. Landlord or Landlord's Agent will give Tenant reasonable advauce notice ofdate and time for the visit.
C. In cases of emergency, Landlord or Landlord's representatives may enter Property without notice.
21. INSURANCE:
A. Landlord will insure the property against fire and other casualty, i:ncluding liability coverage for injury or damage
occurring within common areas of the property.
~' B. Landlord is not responsible for loss or damage to Tenant(s)' property on or about tbe property.
--., C. Tenant(s) are advised to obtain a "Renter's Insurance Policy" for Tenant(s) protection.
22. RULES AND REGULATIONS:
A. All Rules, Regulations, and Restrictions established by the Landlord(s) are contained in or attacbed to this lease.
B. Association bylaws that apply to the Teuant's use of the Property are attached, if applicable,
C. Tenant(s) aud Tenant's family agree to obey Ihe rules and association bylaws provided.
D.
located and that apply to tht~ Tenant s occupancy and use.
Tenant(s) and Tenant's fa ' agree to obey tbe laws of the governing bodies with authority in the region tbat the Property is
E. Landlord eammt change lhe Rules unless the change benefits or improves the heallb, safety, or welfare of Tenants
and nthers, or if change in Rules is required by law.
23. SECURITY DEPOSFF:
A. Tile security deposit is provided by tile Tenant as a guarantee for the performance oftbe terms of this lease.
B. Laudlord must keep deposits of more than $100 in a special bauk account (escrow account) and
nmst provide Tenant with the name and location ol'tbe bank. Tenant is not entitled to any earned interest on the
deposit for the first two years of the Lease.
C. At the end of the second year (if Tenant continues to lease Property), Landlord must deposit the security deposit in escrow acc
tbat earns interest. Tenant is entitled to interest earned on the security deposit less 1%, which is payable at the end of the third
year of occupancy. Landlord is allowed to keep one (I) percent oftbe interest for handling.
D. When Tenant moves from tire Property, Tenant must return all keys and give Landlord written notice of Teuant's mailing add
where Landlord is to return the security deposit or any balance due the Tenant.
E. Tenant may not use security deposit as last month's rent.
F. Landlord will prepare a list of charges for damages beyond normal wear and tear and unpaid rents. Landlord may deduct thcs
charges from the security deposit.
G. Landlord must return security deposit plus any interest due the Tenant minus any charges to Tenant within 30 days of the
Tenant's move out office Property.
Rev. 10/97 Page 3 of 5
.4. POSSESSION
A. Tenant may move in (take possession of the Property) on the Starting Date of this Lease.
B. If Tenant cannot move in because previous tenant is still there or because of property damage, Tenant can
I. chauge the startiug dare, of the Lease to the day wben Property is available. Tenaut will not owe further rents
until Property is available; OR
2. end the Lease and have all money already paid as rent or security deposit returned.
25. RENT INCREASES
A. Ifthe Tenant continues to occupy the Property beyond the initial term (Renewal Term), Tenant agrees tn pay any increase ol
lienable municipal charges such as water, sewer, and/or trash charges that are iucluded iu lhe rent
and apply to Tenant's use.
B. If Tenant's actions cause an iucrease in properly insurance, Tenant will pay the amount of the increase.
C. Landlord may raise the rent wbeu tile lease ends with proper written notice.
26. FIRE OR OTHER DAMAGE
A. If the Property is accideutally damaged (fire, flood, etc.)
1. Tenant may continue to live in the livable part of the Property and pay a reduced rent as agreed to by Tenant
and Landlord until the damages are repaired; OR
2. If the property is not livable as certified by au insurance company or govermnent agency, Tenant must notify
Landlord inunediately and must move out within 24 hours.
B. If Lease is curled due to the above circumstances, Landlord will return any unused security deposit or advanced
rent to Tenant.
C. If Tenant, Tenant's family or guests cause damage by fire or by other means, ibis Lease will remain in effect and Tenant will
continue to pay reut, even if Tenant catmot live in the Property.
27. NOTICE TO END LEASE
A. After Tenant or Landlord bas given written notice to end tbis Lease, Landlord must be allowed to show Property to possible
tenants or buyers. Teuant must allow showiugs of Property to possible tenauts or buyers during reasonable hours and with
advance notice of any showings.
B. Landlord may put up For Sale or For Rent signs on or uear Property.
C. Tenant agrees to move out peacefully when Lease is eudcd.
D. A full month rent is due~ [n any month where there Is partial occupancy.
28. IF TENANT BREAKS LEASE:
A. Tenant breaks this Lease If:
1. Tenant does not pay rent or other charges.
2. Tenant leaves Property permanently before the end of this Lease.
3. Tenant does not move out when supposed to.
4. Tenant fails to obey any of tbe terms agreed to in this Lease.
B. Non-Payment of Rent', If Tenant breaks Lease by not paying ~ent or other charges, Landlord must give Tenant TEN
DAYS written notice describing the amount Tenant owes for r6nt aud/or other charges, prior to filing a lawsuit. Tbis
means that ifTenant bas not paid all balances due before tile eleventh day after Landlord has given Tenant the wrilten
notice, Landlord can file a lawsuit for a nroney judgmeut against Tenant, evict the Tenant, and/or take back possession of
tile property.
C. Other Lease Violations: If Tenant breaks any other renu of tiffs Lease, Landlord must give Tenant written
notice describing the violation and give Teuant TEN DAYS to correct the problem. If Tenant does not correct
the problem before the eleventh day after the Landlord has gi~,en Tenant the written notice, Landlord can file a
lawsuit to evict the Tenant and/or take back possession of the property
D. If Tenant Breaks Lease for any Reason, Landlord may:
1. File for a lawsuit for money and/or file to take possession of the Property against tbe Tenaut,
2. Include itt the lawsuit against Tenant all the legal fees, filiug fees, and the reasonable costs of the Landlord
and/or Landlord's Agent, including a re-reufing fee.
3. Include in the lawsuit against Tenant all rents and cbarges unpaid, and for rents and charges for the rest of the Lease
Term, and for the cost of any physical damages to the Property.
4. Keep Tenant's Security Deposit, other deposits, arty interest due, and any advance rents prepaid, if unpaid reuts,
charges, fees, and/or damages are equal to or exceed their total.
29. IF GOVERNMENT TAKES PROPERTY:
A. A government or other public authority can take private property for public use. The taking is called condemnation.
B. ~anypart~thePrnper~istakenbytheg~vernment~Land~rdwi~reduceTenant~srentpr~porti~nate~y. lfallthe
Property is taken or is no longer usable, this Lease will end and Tenant will move out. Landlord will return to Tenant
unused security deposit or advance rent.
C. No money paid to Landlord for the condemnation ofthe Property will belong to Tenant.
30. TENANT ItAS FEWER RIGIlTS TI1AN MORTGAGE LENDER
Landlord may have a mortgage on the Property. Ifso, Landlord agrees to make the mortgage paymeuts. The
rights of the mortgage lender come before the rights of the Tenant. (Example: If Landlord fails to make mortgage
payments, the mortgage lender could take the Property and cud this Lease.) TENANT UNDERSTANDS TIIAT
IF TIIERE IS A FOP,~CLOSURE, A NEW OWNER WILL IIAVE THE RIGllT TO END Tills LEASE.
Rev 10/97 Page 4 of 5
31. MEDIATION
A. Mediation is a way ofreso~vmg problems. A mediator helps the disputing parties reach an agreeable solution
without having to involve the courts.
B. Landlord and Tenant may agree to take any disputes arising from this Lease to a mediation program offered by
the local association of REALTORS or to another mediator. Landlord and Tenant cm~ agree to mediation as
part of this Lease (by signing a mediation form to attach to this Lease), or they can sign an agreement to mediate after a
dispute arises.
32. CAPTIONS:
The headings in this Lease are meant only to make it easier to find the paragraphs.
33. ENTIRE AGREEMENT
This Lease is the entire agreement between Tenant and Landlord. No spoken or written agreements made before
are a part of this Lease unless they are included in this Lease.
34. NOTICE BEFORE SIGNING
THIS LEASE IS A LEGAL CONTRACT. IF TENANT HAS LEGAL QUESTIONS, TENANT 1S ADVISED
TO TALK. TO A LAWYER BEFORE SIGNING THIS LEASE. IN SIGNING THIS LEASE, TENANT CONFIRMS
THAI' THEY tIAVE A THOROUGtl UNDERSTANDJ4NG OF THIS LEASE.
LANDLORD'S SIGNATURE DATE
MANAGING AGENT'S SIGNATURE
LISTING AGENT'S SIGNATURE
TENANT'S SIGNATURE
TENANT'S SIGNATURE
RENTING AGENT'S SIGNATURE
DATE
DATE
DATE
DATE
DATE?//~/fJ
Rev 10/97 Page 5 of 5
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Counsel for Plaintiff
MARIANNE INTRERI,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
THE AULSON CO., INC. and
RON SIMON,
Defendants
NO. 01-227
CIVIL ACTION - LAW
VERIFICATION
I, MARIANNE INTRERI, hereby certify that the facts set forth in the foregoing
Complaint are true and correct to the best of my knowledge, information and belief. I understand
that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to
unswom falsification to authorities.
DATED:
MARIANNE INTRERI
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Counsel for Plaintiff
MARiANNE INTRERI,
Plaintiff
THE AULSON CO., INC. and
RON SIMON,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 01-227
CIVIL ACTION - LAW
C_~R.TI~'ICATE ~
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and
correct copy of the foregoing Complaint, in the above-captioned matter upon the following
individual by first class mail, postage prepaid, addressed as follows:
DATED: January 30, 2001
Joseph U. Metz, Esquire
214 Pine Street
Harrisburg, PA 17101 ..-~'~
Barbara Sumple-Sullivan, Esquire
Attorney for Plaintiff
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MARIANNE INTRERI, :
Plaintiff :
VS.
THE AULSON CO., INC. and
RON SIMON,
Defendants
NO. 01-227
CIVIL ACTION - LAW
ANSWER AND NEW MATTER
Admitted.
Admitted.
Admitted however, in addition, Ron Simon was acting as an agent of
Ecosphere Corporation at all times relevant to this action.
Denied. To the contrary, Defendant Simon is not an authorized agent of the
Aulson Company but is an employee of Ecosphere Corporation of Hayes Street,
Elmsford, New York 15023.
Admitted.
Admitted that Plaintiff entered into a written lease with Ron Simon. Denied that
said lease was also with the Aulson Company.
Admitted as stated in the lease.
Admitted as stated in the lease.
Admitted and denied as follows: Admitted oral notice of vacation of the property
was given before July 9, 2001. Denied that said notice violated any provision of
the lease. To the contrary, said vacation of the premises was accepted by Plaintiff
and agreed to at the time it was given.
10. Denied as a conclusion of law and further denied in that said vacation of the
property was accepted by Plaintiff.
11. Denied as a conclusion of law and further denied factually that any such sum is
due based on the prior paragraphs of this Answer.
12. Denied as a conclusion of law and further denied as previously set forth in this
Answer.
13. Denied that Defendant Aulson Company or any authorized representative thereof
caused any damage beyond ordinary wear and tear to the premises.
14. Admitted and denied as follows: Admitted that Plaintiff paid the amounts set
forth for the items listed in A through G. Denied that those expenses were
reasonable expenses to be expended for the products and services set forth.
Further denied that such expenses as are listed to the degree they exceed $50 are
the responsibility of any of the Defendants under the lease. Further denied that
said items are the result of any damage beyond that of normal wear and tear under
the circumstances and that authorized representatives of the Aulson Company had
anything to do with such damages.
15. Admitted the total repair and replacement cost paid by Plaintiff was as set
forth. Denied that said amount was reasonable or would not have been incurred
anyway under the reasonable circumstances than existing.
16. Admitted Plaintiff applied the security deposit but denied Plaintiff is due any
further money under the lease for any other reason.
17. Denied as a conclusion of law.
2
18. Admitted those expenses have occurred and said expenses are reasonable. Denied
that Defendant Aulson Company is responsible for those amounts.
WHEREFORE, Defendant The Aulson Co., Inc. respectfully requests that
judgment be granted in its favor.
19.
CROSS CLAIM AGAINST DEFENDANT RON SIMON
All items complained of in Plaintiff's Complaint are the responsibility of
Defendant Ron Simon and his employer, Ecosphere Corporation, and not the
Aulson Company.
WHEREFORE, The Aulson Co., Inc., requests judgment in its favor and against
Defendant Ron Simon.
20.
21.
NEW MATTER
Defendant Aulson Company incorporates the defenses to this action set forth in
the lease including but not limited to the following:
a. All substantial repairs are the responsibility of the landlord and not of the
tenant.
b. The lease in question was signed by Ron Simon, an employee of
Ecosphere Corporation with no authorization to bind the Aulson
Company.
c. No adequate written notice of a violation of any terms of the lease was
given by Plaintiffs.
The damages complained of are normal wear and tear or maintenance for which
recompense cannot be sought.
22.
23.
Plaintiff agreed to the early vacation of the promises and cannot now attempt to
claim paid rent for the post-notice time period.
Defendant Aulson Company is not responsible for the damages alleged.
Respectfully submitted,
I.I7. No."32958
Attorney for Defendants
214 Pine Street
Harrisburg, PA 17101
(717) 232-0879
4
VERIFICATION
I hereby affirm that the authorized representatives of the defendant Aulson
Company are outside the jurisdiction at the presem time and that I am making this
verification based on information and belief in their absence.
CERTIFICATE OF SERVICE
And now, this -~lLq day of March, 2001, I hereby certify that I have served a
tree and correct copy of the foregoing Answer and New Matter upon the person in the
manner indicated below:
Service by first class mail, postage prepaid, on this date addressed as follows:
Barbara Sumple-Sullivan, Attorney
549 Bridge Street
New Cumberland, PA 17070-1931
· ' ,.. ·:2.;',
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Counsel for Plaintiff
MARIANNE INTRERI,
Plaintiff
THE AULSON CO., INC. and
RON SIMON,
Defendants
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-227
CIVIL ACTION - LAW
;
:
:
19.
REPLY TO CROSS CLAIM AND NEW MATTER
Denied. Paragraph 19 is denied as a conclusion of law to which no responsive pleading is
due. It is further averred that if Defendants Simon and Aulson were separate entities, copies
of the Cross Claim should have been served on Simon and his employer, Ecosphere, by
Defendant Aulson. It is further averred that Aulson has paid all the rentals relative to the
premises and has also had sole use and occupancy of the premises at various times during
the tenancy for its employees. It is further averred that it was Defendant Aulson who clearly
delivered the property to Plaintiff. Defendant Simon was an agent of The Aulson Company
and had the authority to bind The Aulson company.
20.
Denied. Paragraph 20 is denied as a conclusion of law to which no response is due. The
lease is a written document which speaks for itself and Plaintiff denies the characterization
of the lease made by Defendant.
2 I. Denied. It is denied that the damages to the property were wear and tear. It is asserted that
bunting holes in flooring, removing wallpaper pieces, smoke detectors, nailing wiring into
walls, etc., far exceeds normal wear and tear.
22.
Denied. It is denied that Plaintiff agreed to an early vacation of the promises(sic). It is
asserted that Defendant did provide oral notification that it was leaving the premises which
Plaintiff received. It is averred that said notice was not in accordance with the terms of the
lease or that Plaintiff, at any time, ever modified the lease requirements relative to
termination.
23. Denied. Paragraph 23 is denied as a conclusion of law.
Dated: March 19, 2001
Respectfully submitted,
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Plaintiff
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Counsel for Plaintiff
MARIANNE INTRERI,
Plaintiff
THE AULSON CO., 1NC. and
RON SIMON,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-227
CIVIL ACTION - LAW
VERIFICATION
I, MARIANNE INTRERI, hereby certify that the facts set forth in the foregoing Reply
to Cross Claim and New Matter are true and correct to the best of my knowledge, information
and belief. I understand that any false statements made herein are subject to penalties of 18 Pa.
C.S.A. §4904 relating to unsworn falsification to authorities.
DATED: x/~ ~/ ~"-~ Ot/ _
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Counsel for Pla'mtiff
MARIANNE INTRERI,
Plaintiff
THE AULSON CO., INC. and
RON SIMON,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 01-227
CIVIL ACTION - LAW
:
CERTIFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and
correct copy of the foregoing Reply to Cross Claim and New Matter, in the above-captioned
matter upon the following individual by first class mail, postage prepaid, addressed as follows:
DATED: March 19, 2001
Joseph U. Metz, Esquire
214 Pine Street
Harrisburg, PA 17101
Mr. Ronald Simon
c/o The Aulson Co., Inc.
49 Danton Drive
~ Barbara Sumple-Sullivan, Esquire
Attorney for Plaintiff
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
c~
rn tO
9
MARIANNE INTRERI,
Plaintiff
VS.
THE AULSON CO., INC. AND RON SIMON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-227 CIVIL
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:
Barbara Sumple-Sullivan , counsel for the plaintiff/4~l~Ol in the above action (or actions),
respectfully represents that:
1. The above-captioned action ~ is (a~ at issue.
2. The claim of the plaintiff in the action is $ 3,974.06 plus co. ntinuing legal fees and
The counterclaim of the defendant in the action is 0 interest.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators:
Barbara Sumple-Sullivan, Esquire and Joseph U. Metz, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted. ~
foregoing petition, .c~/ff~c~ ,~
actions) as prayed fol'.
Barbara Sumple-Sullivan, Esquire
ORDER OF COU
AND NOW, ~/_~-~C9 , ~ in consideration of the
, Esq., are appointed arbitrators in the alive captioned action (or
By the ~~
RJ.
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
MARIANNE INTRERI,
Plaintiff
THE AULSON CO., INC. and
RON SIMON,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 01-227
CIVIL ACTION - LAW
:
:
CERTIFICATE OF SERVICE
I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I
served a tree and correct copy of the Petition for Appointment of Arbitrators, in the above-
captioned matter upon the following individual(s), by United States first-class mail, postage
prepaid, addressed as follows:
The Aulson Co., Inc.
c/o Joseph U. Metz, Esquire
214 Pine Street
Harrisburg, PA 17101
DATE: March 19, 2001
Mr. Ronald Simon
c/o The Aulson Co., Inc.
49 Danton Drive
Methuen, Massachusetts 01844
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Plaintiff
III
9
MARIANNE INTRERI,
Plaintiff
THE AULSON CO., INC. and
RON SIMON,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-227
: CIVIL ACTION - LAW
To:
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070
Attorney for Plaintiff
Joseph U. Metz, Esquire
214 Pine Street
Harrisburg, PA 17101
Attorney for Defendants
NOTICE OF ARBITRATION HEARING
YOU ARE HEREBY NOTIFIED that the undersigned arbitrators, appointed by the Court in the
above captioned matter, will meet for the purposes of their appointment on Tuesday, June 19, 200'1,
beginning at 9:00 a.m.in the Second Floor Hearing Room of the Old Cumberland County Courthouse,
Carlisle, Pennsylvania, at which time and place you may appear to be hears, together with your witnesses
and counsel, if you desire.
Lindsay Dare Baird, Esquire - Chairperson
Timothy J. Colgan, Esquire
Roll E. Kroll, Esquire
Sent: May 3, 2001
cc:
Court Administrator
Arbitration Panel
MARIANNE INTRERI, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
THE AULSON CO., INC., and
RON SIMON,
Defendants
IN RE: ARBITRATION
01 - 227 CIVIL
ORDER OFCOURT
AND NOW, June 1,2001, the appointment of Rolf Kroll, Esquire to the
above-captioned arbitration panel is vacated, and Stephen Banko, Jr., Esquire is
appointed in his stead.
Lindsay Dare Baird, Esquire
Chairman
Court Administrator
By the Court,
Ge~ff~ P.J.
MARIANNE INTRERI,
Plaintiff
THE AULSON CO., INC., and
RON SIMON,
Defendants
IN RE: ARBITRATION
IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
01 - 227 CIVIL
ORDER OF COURT
AND NOW, June 1,2001, the appointment of Rolf Kroll, Esquire to the
above-captioned arbitration panel is vacated, and Stephen Banko, Jr., Esquire is
appointed in his stead.
By the Court,
Ge P.J.
Lindsay Dare Baird, Esquire
Chairman
Court Administrator
MARIANNEINTRERI
· IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVIA
: 01-227 CIVIL TERM
THE AULSON CO., INC. and
RON SIMON
IN RE: ARBITRATION
ORDER OFCOURT
AND NOW, July 19, 2001, the Court having been informed that the
above-case has been settled, the panel of arbitrators previously appointed
is vacated and the chairman, Lindsay Dare Baird, Esquire, shall be paid
the sum of $50.00.
By the Court,
Lindsay Dare Baird, Esquire
Chairman
Court Administrator
Barbara Sumple-Sullivan, Esquire
Supreme Court//32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
MARIANNE INTRERI,
Plaintiff
THE AULSON CO., 1NC. and
RON SIMON,
Defendants
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-227
CIVIL ACTION - LAW
PRAECIPE TO SATISFY
TO THE PROTHONOTARY:
Please mark the above-captioned matter settled and satisfied.
Dated: September 12, 2001
Respe~
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Plaintiff
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
MARIANNE INTRERI,
Plaintiff
THE AULSON CO., INC. and
RON SIMON,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-227
CIVIL ACTION - LAW
CERTIFICATE OFSERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and
correct copy of the foregoing Praecipe to Satisfy, in the above-captioned matter upon the following
individual by first class mail, postage prepaid, addressed as follows:
Joseph U. Metz, Esquire
214 Pine Street
Harrisburg, PA 17101
DATED: September 12, 2001
Mr. Ronald Simon
c/o The Aulson Co., Inc.
49 Danton Drive ~2
Methuen, Massachusetts 01~
Igarbara Sumple-Sullivan, Esquire
Attorney for Plaintiff
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317