The URL can be used to link to this page

Home My WebLink About12-4529nn....AutarCAi Tu AC DcWMCVI VAUTA NOTICE OF APPEAL COURT OF COMMON PLEAS Judicial District, County Of C LS M? FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. - 115/2 0, L/ L NOTICE OF APPEAL I -7ei-ren Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Distri ct Justice on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF D.J. C"gk,5 dV i eOL.L. ect - ar-O 00N. P L 1r C-6 Le ADDRESS OF APPELLANT CRY STATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF (Pbk0l) (Ddend") (a ?-L t2 L0< ( Gt-r`?lS. GC6LL. DOCKET SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT 1Y\ S-- ckZd %-- %,--r- _-3; ?, --- Z 0 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 100 1(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILE within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sorwtum d ~wrx"W ar Ds" 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 Di.,17 Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (-d L5 G. G IE?5 L 4V\. appellee(s), to file a complaint in is appeal Nam of aWollee(s) (Common Pleas No. 2- 4-'7 )within twenty (20) days after service of rule or suffer entry of judgment o non pros. Cl? V.- ? 11 I, sow- of appellant -0-ney or agent RULE: To t-0(5 GLEI1M , appellee(s) Name of apped"(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the ate 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 Pro"ery or YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE 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 I COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Non-Residential Lease Mag. Dist. No: MDJ-09-2-01 MDJ Name: Honorable Paul M Fegley Address: 2260 Spring Road, Suite 3 Carlisle, PA 17013 Telephone: 717-218-5250 Chris Nicoll d/b/a Nicoll Enterprises 2107 Circle Rd. Carlisle, PA 17 013 Lois Gleim V. Chris Nicoll Docket No: MJ-09201-LT Case Filed: 5/31/2012 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary Docket No Plaintiff Defendant Disposition Diwi MJ-09201-LT-0000039-2012 Lois Gleim Chris Nicoll Judgment for Plaintiff Judgment Summary Participant Joint/Several Liability Individual Liability Amou Chris Nicoll $0.00 $11,721.83 $11,721. Lois Gleim $0.00 $0.00 $0. Judgment Detail (*Post Judgment) In the matter of Lois Gleim vs. Chris Nicoll on 6/21/2012 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $675.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amou Rent in Arrears S0.00 $1,350.00 $1,350. Physical Damages to Property S0.00 $5,000.00 $5,000 Unjust Detention S0.00 $2,700.00 $2,700. Filing Fees S0.00 $171.83 $171 Attorney Fees S0.00 $2,500.00 $2,500. 2 06/21/2012 Grand Total: $11,721.8 Portion of judgment for physical damages arising out of residential lease: $0.0 ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER HE 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 INCLUDE A 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 HOLD R ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT O 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 JUDGE IF THE JUDGMENT DEBTOR PAYS IN FUL , SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MDJS 315A Page 1 of 3 Printed: 06/21/20121 1:38:26PM Lois Gleim V. Chris Nicoll Docket No.: MJ-09201-LT-0000039-2012 Date Magisterial District Judge Paul M Fegley I-rcerti that tFi s is a true and correct coov o t e recor o t e proceedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 3 of 3 Printed: 06/21/201 i 1:38:26PM i f`e%UUf%UWFA1 T64 nF: PFNNSYI VONIO l' COURT OF COMMON PLEAS f °`IOTICE OF APPEAL Judicial District, County Of C_eS?E R?r4rN FROM DISTRICT JUSTICE JUDGMENT S N o. COMMON PLEA 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 Distr ct Justice on the date and in the case referenced below. NAME OF (APPPE+LLANT (?) i p? f MAG. DIST. NO. NAME OF D.J ADDRESS OF APPELLANT CITY STATE ZIP CODE 0 C4L-L cs?? ?z l®'Z C.l l;4E" C7 ChaLVSLC < DATE OF JUDGMENT IN THE CASE OF (Pl&WM (Daft d &10 ra(ZA k-a I CS ( . Gtf?t? tc(5VL. DOCKET SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 10 91(6) inaction R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILE within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. sonaf"dPhwwndwy or 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 Di . Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upond (. s I...1 appellee(s), to file a complaint in is appeal Name of aAW"(s) <.. ?., ,tea (Common Pleas No. - _ `. , r yr ) within twenty (20) days after service of rule or suffer entry of judgment o non pros. rrr / A / 1\ I /i 11\6¦ or agent RULE: To L-0(5; G L6• t M , appeltee(s) Name of app&#Ws) (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 flte a complaint within this time, a JUDGMENT OF NON PROS MAY BE.F,TC?`??f'(`? c . a.. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 r Signature ofPro ary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE AOPC 312-02 WHITE- COURT FILE TO 13E FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE SHE BROTH Artie I JUL 25 AM 10: 23 ru ?Al?p CQUf YLVA?RIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED W1 THIN TEN (90) DAYS AFTER filing of the notice of appeal. Check applicable boxes,) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?U rtit j5 LAt&jj> ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal; Common Pleas ??--Zlpon the District Justice designated therein on (date of service) 20 ?Z 0 by personal service Uby (certified) (registered) mail, sender's receipt atta ed hereto, and upon the appellee, (name) d rot 5 Ca-?E? M, on "Z 20 Z ? by personal service ?rby (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND UBSCRIBED BEFORE ME THIS S DAY OF utw_ _ 20 1; I? Signature o affiant Signa m of official before whom affidavit was made Title of official My commission expires on 20 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LOIS GLEIM Plaintiff-Appellee, v. CIVIL ACTION No: 12-4529 CHRIS NICOLE d/b/a Nicoll Enterprises Defendant-Appellant. NOTICE ,~.; ~.~ ~ ~;-- ~.-..r.-~ -~ ~~: _,.~ .,_. ;:~.~ _.._ C:... ~ ~ . .~, - . ~~ - You have been sued in court. If you wish to defend against the claims set forth in t e following pages, you must take action within twenty (20) days after this complaint a d notice are served, by entering a written appearance personally or by attorney and fili g in writing with the court your defenses or objections to the claims set forth against yo . 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 fora y money claimed in the complaint or for any other claim or relief requested by t e Plaintiff-Appellee. 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 N HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELC THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OF; LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Glean R. Davis gdavis@ldylaw.com Attorney ID #31040 Daniel R. Jameson djameson@ldylaw.com Attorney ID #307543 Latsha Davis & McKenna, P.C. 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 Tele: (717) 620-2424; Fax: (717) 620-2444 Attorney for Plaintiff-Appellee, Lois Gleim IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LOIS GLEIM 101 McClure's Gap Road Carlisle, PA 17013 Plaintiff-Appellee, v. CHRIS NICOLE d/b/a Nicoll Enterprises 2107 Circle Road Carlisle, PA 17013 Defendant-Appellant. COMPLAINT No: 12-4529 AND NOW COMES, Plaintiff-Appellee, Lois Gleim, by and through her attorneys, Latsha Davis & McKenna, P.C. and files the within Complaint against CIVIL ACTION 162703v1 Defendant-Appellant, Chris Nicoll d/b/a Nicoll Enterprises, and in support thereof, avers as follows: 1. Plaintiff-Appellee, Lois Gleim ("Ms. Gleim") is an adult individual currently residing at 101 McClure's Gap Road, Carlisle, Pennsylvania 17013. 2. Defendant-Appellant, Chris Nicoll d/ b/ a Nicoll Enterprises is an adult individual currently residing at 2107 Circle Road, Carlisle, Pennsylvania 17013. 3. For the past twenty-five (25) years, Ms. Gleim and the Defendant- Appellant have had an oral lease whereby Defendant-Appellant was amonth-to-mon tenant on Ms. Gleim's property making use of a large steel building, another outbuilding and the premises immediately surrounding same (collectively " for a monthly rental of $675.00 and the obligation to pay for the cost of Ms. Gleim's liability insurance on the property. 4. After months of discussions between the parties in which Ms. Gleim expressed her desire that Defendant-Appellant move from the property, by written agreement dated February 7, 2012, Ms. Gleim and the Defendant-Appellant agreed to terminate the oral lease and Defendant-Appellant agreed to vacate Ms. Gleim's property no later than March 1, 2012. A true and correct copy of the February 7, 2012 agreement is attached hereto as Exhibit "A" and incorporated by reference as if set at length. 5. Defendant-Appellant failed to vacate the premises by March 1, 2012. 162703v1 2 6. On or about Apri124, 2012, counsel for Ms. Gleim sent a letter to Defendant-Appellant advising him that he has failed to vacate the premises according to the February 7, 2012 agreement and that Defendant-Appellant was in rental arrears in the amount of $2,025.00. A true and correctly copy of the April 24, 2012 letter is attached hereto as Exhibit "B" and incorporated by reference as if set forth at length. 7. Defendant-Appellant did not respond to the April 24, 2012 letter or otherwise communicate with Ms. Gleim or her counsel. 8. Defendant-Appellant continued to improperly holdover, and on May 7, 2012, counsel for Ms. Gleim again sent a letter to Defendant-Appellant advising him his improper holdover as a former month-to-month tenant on property owned by Ms. Gleim. A true and correct copy of the May 7, 20121etter is attached hereto as Exhibit "C" and incorporated by reference as if set forth at length. 9. The May 7, 2012 letter also advised Defendant-Appellant that the check tendered to Ms. Gleim in the amount of $1,350.00 was accepted as payment for the outstanding September and October 2011 rent; Defendant-Appellant remained in arrears for the December 2011 and January-May 2012 rent. 10. Again by letter dated May 14, 2012, counsel for Ms. Gleim advised Defendant-Appellant that he was in breach of the terms of the oral lease and that the term of the lease expired on March 1, 2012; Defendant-Appellant was further advised that if he did not remove himself from the premises within fifteen (15) days of the da of the letter, a complaint would be filed against him. A true and correct copy of the 162703v1 3 May 14, 2012 letter is attached hereto as Exhibit "D" and incorporated by reference as set forth at length. 11. Defendant-Appellant did not vacate the premises or make payments to Ms. Gleim for the outstanding rent due. 12. Defendant-Appellant's improper use of Ms. Gleim's property resulted i damages to the property in an amount in excess of $20,000.00 for broken windows, holes cut in the building, fire and smoke damage to the interior, damage to the access areas and ceiling/ insulation in the building as well as other potential undiscovered damage. 13. On May 30, 2012, Ms. Gleim filed a Landlord and Tenant Complaint Magisterial District Court No. 09-2-01 seeking damages for injury to the real property, damages for the unjust detention of the real property, rent remaining due and unpaid on the filing date and attorney's fees. 14. A hearing was held on June 21, 2012 before the Honorable Paul M. in Magisterial District Court No. 09-2-01 and Ms. Gleim was awarded judgment Defendant-Appellant for a grant of possession of property as well as for damages in amount of $11,721.83. A true and correct copy of the judgment is attached hereto as Exhibit "E" and incorporated by reference as if set forth at length. 15. On July 20, 2012, Defendant-Appellant appealed the June 21, 2012 judgment to this Honorable Court; the appeal was for the award of damages only as 162703v1 4 cash or bond were posted and a supersedes was not issued pursuant to Pa.R.C.P. MDJ 1008(B). 16. To date, Defendant-Appellant continues to improperly holdover as a former month-to-month tenant on the property owned by Ms. Gleim despite the judgment for grant of possession warded to Ms. Gleim. 17. As of the date of this Complaint, Defendant-Appellant owes $4,050.00 in monthly rental payments and $525.00 in insurance premiums for a total of $4,575.00 Ms. Gleim, representing payment for the months of December 2011 and April August 2012. 18. Ms. Gleim's property remains damaged in an amount in excess of $20,000.00 as the result of improper usage by the Defendant-Appellant. COUNT I -BREACH OF CONTRACT 19. Paragraphs 1 through 18 above are incorporated herein by reference as fully set forth at length. 20. Ms. Gleim and Defendant-Appellant had an oral lease for the rental of Gleim's property by Defendant-Appellant as more fully set forth above. 21. The oral lease was terminated by written agreement between the parties on February 7, 2012 and Defendant-Appellant agreed to vacate the premises by 1, 2012. See Exhibit "A." 22. Defendant-Appellant failed to vacate the premises by March 1, 2012 as specifically set forth in the February 7, 2012 agreement. 162703v1 23. Defendant-Appellant has failed to pay Ms. Gleim the $675.00/month rental payments for the months of December 2011 and April through August 2012 and the liability insurance premium of $525.00, resulting in rental arrears in the amount of $4,575.00. 24. Defendant-Appellant has caused damages to Ms. Gleim's property in an amount in excess of $20,000.00. 25. Ms. Gleim has demanded payment from Defendant-Appellant of the rental arrears multiple times. 26. The failure of Defendant-Appellant to pay the rental arrears constitutes breach of the oral lease between the parties. 27. The failure of Defendant-Appellant to vacate Ms. Gleim's property constitutes a breach of the February 7, 2012 agreement. 28. Defendant-Appellant's conduct in failing to vacate Ms. Gleim's property and failing to pay the rental arrears due and owing to Ms. Gleim is willful and for an award of attorney's fees to Ms. Gleim. WHEREFORE, Plaintiff-Appellee, Lois Gleim, demands judgment in her favor and against Defendant-Appellant, Chris Nicoll d/b/a Nicoll Enterprises, in an 162703v1 6 in excess of $25,000.00, together with additional attorney's fees, costs, possession of property and any other relief the Court may deem just and equitable. Respectfully submitted, LATSHA DAVIS & McKENNA, P.C. Dated: C~ ~ ~ By: Ginn R. Davis Attorney I.D. No. 3('40 Daniel R. Jameson Attorney I.D. No. 307543 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 Tele: (717) 620-2424; Fax: (717) 620-24 Attorney for Plaintiff-Appellee, Lois Gleim 162703v1 7 VERIFICATION I Lois Gleim, hereby verify that I am authorized to make the within Verification; and the statements of fact in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Dated: ~~ ~~~ ~~ By. ~.. Lois Gleim 04;'~~r'2012 16:21 ?172431213 7'l;zis docum$nt when signed becomes a binding agzee~mez~t P~G~ 021'06 i _ Chris will be moving Msrch I" 2012 2. 1 waxtt the lot graded down and filled with the proper stones that was promised 3 years ago filled in to take care of the mud that his business created 3. l want al.l the buildings removed that were built by Chris 4_ l want all da~nnages inside and aut of. building repaired 5. I want all tnateri,aLs inside the building removed that belong to Chris or his friends 6. I want the huzn pit dug out and filled in and seeded 7. I want the camper removed 8. I. wawt all the saw dust re.~tnoved 9. I want all trash reznovexl frazu iuaside and our. side of. property i 0. I want itemized bill for trash removal, dumpster rental, landfill receipts nlt Feb. 20~' 201.2 £or my insurance company l 1. 1 want aII itemised billsfaz~ all labor amd materials includixag dated. receipts for the wire zeplancF*rn~nt nlt Feb. 20'~ 2012 for my izzsurax~ce company 11. Rent due for Septezmber, October, January 1925A0 due within two weeks I2. Insurance pro rated for tlhe moz~cths Septe7mber 20l l-March 2012 cost tbd Upon coznpletivn of the above list, Lois agrees to the following. Lois will Sig~tatu~'e: Chris Signature: Lois Gleizn check to Chris for wiring and trash removal. Uate:_~-~ LATSHA DAVIS & McKENNA ATTORNEYS AT LAW PLEASE REPLY TO: Mechanicsburg WRITER'S E-MAIL: gdavis@Idylaw.com April 24, 2012 Chris Nicoll Nicoll Enterprises 2107 Circle Road Carlisle, PA 17013 Dear Mr. Nicoll: This firm has been engaged by Lois Gleim to provide legal representation pertainin to your use and occupancy of a building and part of the premises located at 101 McClures Gap Road, Carlisle, Pennsylvania 17013. It is my understanding that you are currently amonth-to-month tenant on Ms. Glei 's property making use of a large steel building and the premises immediately surrounding same for a monthly rental of $675. It is also my understanding that on numerous occasion Ms. Gleim has requested that you vacate the premises and in fact, by writing dated Febru 7, 2012, you agreed to do so by no later than March 1, 2012. As of this writing, April 24, you have failed to vacate the premises which has necessitated Ms. Gleim contacting our office. Please be advised that if you do not vacate the property by Monday, April 30, 2012, our office will be forced to take legal action against you. Moreover, please be advised that we understand that you are in rental arrears in the amount of $2,025. I am enclosing a copy o the agreement which was signed by both you and Ms. Gleim on February 7, 2012, evidenc g a discussion at that time in which you agreed to vacate the property by March 1. I invite ou to call our office at your earliest convenience to discuss this matter, but please be advised hat the property must be vacated and returned to acceptable condition by no later than April 0. 1700 Bent Creek Boulevard, Suite 140 • Mechanicsburg, PA 17050 • (717j 620-2424 • FAX (717) 620-2444 350 Eagleview Boulevard, Suite 100 • E~aon, PA 19341 • (610) 524-8454 • FAX (610j 524-9383 3000 Atrium Way, Suite 251 • Mt. Laurel, NJ 08054 • (856) 231-5351 • FAX (856j 231-534? Maryland Telephone: (41U) 727-2810 LATSHA DAVIS & McKENNA ATTORI\EYS AT LAW PLEASE REPLY TO: Mechanicsburg WRITER'S E-MAIL: gdavisC~ldylaw.com May 7, 2012 Chris Nicoll Nicoll Enterprises 2107 Circle Road Carlisle, PA 17013 Re: Our File No. 284-12 Dear Mr. Nicoll: By letter. dated Apri124, 2012, I wrote to you concerning your improper holdover a a former month-to-month tenant on property owned by Lois Gleim. As you were also advis c in the past, the rental payments that you owed to Ms. Gleim are in and continue to be in arrears. That monthly payment of $675 was not paid for September, October or December 2011. We advised you that you were $2,025 in arrears. I understand that last week you tendered a check to Ms. Gleim with the notation "April, May rent." Please be advised that this check was not accepted for the payment of April or May 2012 rent as you have previously been advised that you are not an authorize tenant. In fact, you had previously agreed to vacate the property by March 1, 2012; an agreement you failed to meet. Ms. Gleim has accepted your payment of $1,350 for the rent arrearage for September and October 2011. You continue to be in arrears for the month of December 2011. Your failure to remove yourself from the property by March 1, 2012, will cause Ms. Gleim to seek damages for your improper holdover for the months of March, Al and Mav as well as damages to the physical property you have caused and failed to cure. I would again invite you to call me at your earliest convenience so that we can worl out an amicable resolution to these issues including a departure schedule in which you wi 1700 Benr Creeh Boulevard, Suite 140 • Mechanicsburg, PA 17050 •,'717) 620-2424 • FAX (7171 G20=2444 350 Eagleview Boulevard, Suite 100 • Exton. PA 19341 • (610) 524-8454 • FAX (6101 524-9383 3000 Atrium Way. Suite 251 • Mt. Laurel, NJ 08054 • (856) 231-5351 • FAX (856) 231-5:~4'. Maryland Telephone: (410) 727-2810 LATSHA DAVIS & McKENNA ATTORNEYS AT LAW PLEASE REPLY TO: Mechanicsburg WRITER'S E-MAIL: gdavis@ldylaw.com May 14, 2012 Chris Nicoll Nicoll Enterprises 2107 Circle Road Carlisle, PA 17013 VIA FEDEX AND HAND DELIVER Re: Our File No. 284-12 Dear Mr. Nicoll: By letters dated April 24, 2012, and May 7, 2012, we notified you that you were in breach of the terms of the oral Iease for the property located at 101 McClure's Gap Road, Carlisle, Pennsylvania 17013. By letter dated February 7, 2012, you represented and agrf that you would vacate the property by March 1, 2012. You have failed to do that. The term of the lease expired March 1, 2012. Moreover, you have failed to pay rent arrearages as well as other conditions on the property. PLEASE BE ON NOTICE THAT Y MUST REMOVE YOURSELF FROM THE PREMISES WITHIN FIFTEEN (15} DAYS FROM THE DATE OF SERVICE OF THIS LETTER.. YOUR FAILURE TO DO SO WILL RESULT A COMPLAINT BEING FILED. PLEASE ACT ACCORDINGLY. Sincerely, ~~ ~~ Glenn R. Davis /~ cc: Lois Gleim 1700 Bent Creek Boulevard, Suite 140 • Mecnanicsbur~, PA 17050 • (717) 620-2424 • FAX (717) 620-2444 350 Eagleview Boulevard, Suite 100 • Exton, PA 19341 • (610 j 524-8454 • FAX (610) 524-9383 3000 Atrium Way, Suite 251 • Mt. Laurel, NJ 08054 • (856) 231-5351 • FAX (856) 231-5341 138516v1 Maryland Telephone: (410) 727-2810 ~sJ~ ~~.. Pagel~fl ~gJ Print once ~ Close ns .>; Detailed Results Tracking no.: 876710994483 Select time formak tzH Delivered Delivered Signedforby: J.REED Shipment Dates DestlnaUOn Ship date May 14, 2012 Signature Proof of Delivery Delivery date May 15, 2012 9:39 AM Shipment Options Hold at FedEx Location Hold at FedEx Location service is not available for this shipment. Shipment Facts __ Service type Priority Envelope Shipment Travel History Delivered to Shipping/Receiving Reference 22901284-12 __ Select time zone: Local Scan Time Ali shipment travel activity is displayed in local time for the location Deterrime Activity Location Details Mey 15, 2012 9:39 AM Delivered ~. Mey 15, 2012 8:30 AM On FedEx vehicle for delivery ~ MIDDLETOWN, PA May 15, 2012 7:29 AM At local FedEx facility MIDDLETOWN, PA !May 14, 2012 9:53 PM At local FedEx facility 'MIDDLETOWN, PA :May 14. 20128:47 PM Picketl up !MIDDLETOWN, PA ~~ ~~~ .~ l L; ' 1.. l.F, ITT ,Y tY '~. ~ ~! tt('. „k 1! Y ra il~ i~ H!F ~b Y .51 ~y1.~ 'a ry ~y +F :7Z Y Y~.! a 7 : ~r,~.. ~"~~~1.~,' f f 3i ~~ ~! L ~ . . . J i ~.{ 1 i _ + ~ . . -L7y .., ~ .. I ~ .'.117 YA ~ . ' ~ t ; ~Y ~' 1 . .... 7 . . ... ., , S ! 'h.. ' :. .. .~. .. "~ .. 5 ' . .. -. °l ... .. , ... .. ' ' . ':. :: ~ , ~.. ~T _ Pnnted:06/21/2'0 2 1:38.26PNC FF1X , st ,tT ~~ • ~ , ~f ~'~ ~ " DocketN~,:'MJ-09201~L?,4000039.2.0:12 + ~f' +, 1 a~; t ,~Itr ,~" ~ ,. - 1 4.' t s3 :six ..r• • ~. , ~ .. .. .. ;t`r°. w µ' X"4+~~y~a~fis~~,'r"t~'+~~~'~`'' +~.,~ '-, r : -•-{ r z,. _ ,.- r ., "wX ~+- Ef - r"T~ 7"O t.~ 7~ . i ... µ J., ,. - .. .... v ~ ;'1'+7 ~~~r ' ~~'~. 4 1 +,+~ f j ~f '+i ~ 4.:_ 4Jr ~.~' £1 tyh }t '~~` isyt.+.4 'f'j ^`~K.r ~ Y i '~^ ~ r'. ' E:° ~ - Y. r ~5 ,. Gi-~gory Barton Abelrt Esq. - `, =:er - Afieln Law tJffices .Y _ 37 ~ Porn#ret St ~" ;: ~arlisle,,PA 17013.3313 ,,. + r ~ '; - ;P'laintiff(S) ' ~a~INs~<,~.f..is;b3,;~asrr:~~.~•~~''.'`,._ ., .' -~-'a1=_ ~X+?"~„ aim-zs'-r. ~,,>rt ''~--^--~ ~_.~_ _ _,,~~~ .r ~._> -i4r,~cw;~ -..-.t _. 't 0.11VIcclu~es Caplf~d ~, ~ , : . .. . Cariisle;.'PXi" :17013 D.efendant(s) Chr~s,Rlicali cUb/a ~(coll Ertierprises ; .,, 2107Gircle~Rd: ;: ' .. ,' _ varftsle:P~, _70.13 . • ... ;: w • .r .~ - ~ ~"~ ~ d Y ~ i ~ ~. ~ ~ h~'dtu ~"~ ^' x t_. '+,. ~ .'t`+wJ ry+:. ~5~+,t~~~.~zF-~ t ~,'. '~ t . ~ ~ Y ~ r ~.r,Y y.A~r}i '`~ 4.~ ~'Y d,~F1°A+' ~ r f i ~..r _ al"'';+}~1.. ~'~.~.~ r 1 TM' ,~ x~~~j A. ai 4Z t,~ `~d l,j; ~ .~P- {3 ~tl ~ T i .~ ~` ~ 'M+,,~°s~:'~` ~ ?. a, yy~ ,offc x i+f,P• .t~' s lx . ':v~' ~ 18 1~5 . ~. ¢ E{ ~ s ~iawkl7 ' r ~rA tl=d:rv f d '.~?4 'r- 4~Y?„xir :)~:.. y~i. ~` S~ar±aR yb 1.-1~w•ure$:%r :..7;~~ ~ lC~~ i y+lc ~ rY. ~~~!~.'~e.~ ~.~dC3,~~`~1.:.°[r{;~'j.~S. ~!W. ii.,+ ''vat ¢'~" ta k. ^~,~i,.~A": yy,,..t~,,~~,, ,,~' ,~~~' y~~,3.~*y+9.. ~'.t~ . .`F ~ , ~.,; .~.~F~, ~a.f'` x.: t' r,. ~, `~"i4 '-r# -'~ ~ a q~,, ,~, ,.d,``d~; ~, ,!;,?~iY? ~,d ~9!' rx, a-: Y" ;t~Y:,,:: 2 za sb M'Y'"', f a ~i,~~Y'~ a i,<~'4"'rtYi`~'~f*` 4 ~,~•~~{tY7k '~+~~ r° + ~a` U^' c. ~ f°a P.Sr rs r,, c ~ ~~ .~ + 'y~~ ~~ k~ .[ i ,,~ x r~r F r i.:~ # 1. ~'?i f~ )f rh~ 7T }'( x}'.15 Y {~ 4r 7 4 '.:~ h•,r..7( 'C ~2i t T :1~~ ~ SM• Y ~~ tr' s E. J,rJ x ~+'s -~F 4 iw ..,,..tt b -. r{ r~ ~ 1 7.+x +~'~.dx + d r A ~~.i y8 .~Y! ;k .w .4''s'r ,.id.~ G+; i { ~ ti~+tar a r4• - ~ r,~. ~ ~ R .,'ux YC~ t ~' i~h r t t ~ r - "+ 1 ~ ~ d 1~~~R"~~` ~ic,L r .. jh: K ~JI11 . ,~ _, r - , ..- .. ... ~ " ~....y. _Sea - _ ... ., ... ,.T .. ' ~~' ~ - a N• KR 1 _ '1-•.w} ~,,. f.+r wFN;A N/ / ~.. - .., C,. l - +.. ~~ . Ye,!! ,~ ~1.... ; ~y. rr:- ,. ~ r ~,<: _ ..:.~ . .. it W ~r r~"~x ~am:,~~ -u ~t-~,. ~ ~ ~{'~;el "~~u * 1;+",a N 1~ ,n,E't~,~s r ~ e r ~.. 3.;-srk"~,n ;w~ '~ * ;~ rte' i. !M y' o-~. `~tt y~`~~„„`"~ 4 ~F.S+~~+<b ~,~rta ~ ~"e ,,`~rlrei'1 i>v 'F" M; ~r 1 ~'.~P~ at 1 '' f ` ' r '°z +~ N.::•.. :..,, ... :.: •Cd; ~ -'4s~.;r ~i s 'A' f--: _t:r r+.4V~..~i ..7} r ,/:.a".:. (~ -!.a"t,""µ'. r ~ }„~-+.~2~r`~.tr3~:t .ib .k ~~l'..r' '....:.. }._du~.s~Fk '-""..A:..rt,^!' ~ • -' - ' . _~.. ., . ~ t '' Y~ - r - ~ at Y~..H~ k M -:: V ~ -,~` ~+ d Y 4`~'tr ,~ ~,y "S! L~' jx t '„1 ~ "1'" ~. e ~ F yr .~( i .ms's +~a -~.11nY. ~ +i• v rr '~~ ~~,i~'A3 ~c +~ ~~ _ p.±c.+r: e~'4 1r",.~( agia a..yy ya e,;Av r rzx f~., .~ '~.< H + a.~t` 2 -, _ R '~' .+ ;' _ '_ a ~* , x A vti f ' .j >4B 1 ^.i .. 1~ v.A _ S .! t MDJS 3'!5A Page 3 of 3 Fririfed; o6J2i/2 12 1:38:26PM IN THE COURT OF COMMON PLEAS CUMBLERLAND COUNTY, PENNSYLVANIA LOIS GLIEIM Plaintiff-Appellee, '1.E;"~Li~J CIVIL ACTION ~ . No. 12-4529 _, CHRIS NICOLE _ ,_, d/b/a Nicoll Enterprises ~~~~ Defendant-Appellant. d ~ `' `~ T ~'' + l~.~ ~~ AFF]:DAVIT OF SERVICE ~ ~' M'~ .~ c~ ~ ~' ~~ ~... _.., The undersigned hereby versifies that he made service of the Complaint via First Class Mail, on August 13, 2012, upon the following individual: Gregory Barton Abeln, Esq. Abeln Law Offices 37 East Pomfret Street Carlisle, PA 17013 (Counsel. for Defendant-.Appellant) This statement is made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Dated: ~, ~ ~ l ,~ ~--:. (' ~ ~~~ c~ , ~., ~` 1 !') , / ;~,~~ ~/ By' -~-~ ~' -- - .~niel R. Jamesgri~ 16505~~1 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT 3 r. LOIS GLEIM, Plaintiff v. CHRIS NICOLE d/b/a Nicoll Enterprises, Defendant IN THE COURT OF COMMON PLEAS bF~ CUMBERLAND COUNTY, PENNSYLVAN~ C!"- N0.2012-4529 CNIL APPEAL FROM MDJ JUDGMENT PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please enter the appearance of NATHAN C. WOLF, ESQUIRE, as attorney for the Defendant in this matter. ~G~'~~'l' 2 / .2012 NA C. WOLF, ESQUIRE W L WOLF 10 est High Street Carlisle, PA 17013-2922 717-241-4436 SUPREME COURT ID #87380 w yq. GC7 s,~ ~ ~:. 'yt -a ~~ ~i _.~- T- NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT C ~ ~ (~ ~ -i "~'F LOIS GLEIM, Plaintiff v. CHRIS NICOLE d/b/a Nicoll Enterprises, Defendant IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYL t: .. j -- -~ N0.2012-4529 CIVIL APPEAL FROM MDJ JUDGMENT CERTIFICATE OF SERVICE I, Nathan C. Wolf, counsel for Defendant, hereby certify that I have served the foregoing Entry of Appearance upon the following person(s) by the means indicated and on the date indicate below, in compliance with the Pennsylvania Rules of Civil Procedure: FIRST CLASS MAIL Glenn R. Davis, Esquire LATSHA DAVIS & MCKENNA, P.C. 1700 Bent Creek Boulevard Suite 140 Mechanicsburg, PA 17050 (Counsel for Plaintiff) ~l/~ L-~ , 2012 NATHAN C. WOLF, ESQUIRE ATTORNEY ID PJO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17(113 (717) 241-4436 ATTORNEY FOR DEFENDANT ~ Q _.~. LOIS GLEIM, : IN THE COURT OF COMMON PLEAS OF rn~W o -,.: Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA Z ~ -tea '-'~;.=-: ~ .-r; T~ V. "~. ~? ~ i i~,i : N0.2012-4529 CIVIL C Ca -~ ~' : - CHRIS NICOILL ~~: ~ .. . ; d/b/a Nicoll E:ntetprises, --~ z~ ~ ~-~~ ~''. Defendant :APPEAL FROM MDJ JUDGMENT . ~ ~' to - t,.~ PRELIMINARY OBTECTIONS TO COMPLAINT NO~',_comes the Defendant, Chris Nicoll, by his attorney, Nathan C. Wolf, l~sduire, and presents the following preliminary objections, representing as follows: 1. The plaintiff is Lois Gleim (hereinafter referred to as "Plaintifp'), an adult individual residing at 101 McClwre's Gap Road, Carlisle, Pennsylvania 17013. 2. The defendant is Chris Nicoll d~/b/a Nicoll Enterprises (hereinafter referred to as "Defendant";, an adult individual residing at 2107 Circle Road, Carlisle, Pennsylvania 1.7013. 3. On or about August 13, 2012, Plaintiff filed the instant complaint alleging damages for breach of contract arising out of an oral lease for a commercial structure seeking damages from the Defendant. 4. On or about October 19, 2012, Plaintiff served notice of intention to take default judgment upon the undersigned. PRELIMINARY OBTECTIONS TO COUNT I -BREACH OF CONTRACT 5. The foregoing paragraphs are incorporate by reference as if set forth fully herein. 6. Plaintiff correctly identifies that the nature of her agreement with Defendant was oral in nature only. 7. Plainiifl= and Defendant had no agreement with .regard to counsel fees arising out of their oral agreement. 8. Nonetheless, Plaintiff raises a claim for counsel fees within her complaint, included in the judgment awarded by the lower court. 9. There is no basis in law or fact which entitles Plaintiff to counsel fees. 11). Plaintiff fails to aver any facts sufficient to establish such a claim. 11. ~~s sach that Plaintiff's claim for counsel fees is legally insufficient and that portion of her claim should be dismissed for failure to state a claim upon which relief can be granted (demurrer). 12. PlauitifE also raises a claim for damages in excess of $20,000.00 for unspecified damages allegedly incurred by Defendant's actions. 13. Plaintiff fails to provide any specificity in her complaint for the amount of damages claimed and Defendant is therefore without any means to adequately defend the claim for damages. 1 ~ . Plaintiff likewise avers without any facts in support thereof, that damages suffered to her property were as the result of some sort of improper usage of the property. 15. Plaintiff s claim thus lacks sufficient specificity as it lacks sufficient facts to establish her claims against the Defendant. 16. Plavitiff's complaint should be dismissed for violations of Pa.R.C.P. 1028(a)(3) and 1028 (a) (4). WHEREFORE, Defendant Chris Nicoll, requests your Honorable Court to dismiss the Complaint the Plaintiff along with any additional relief the Court deems appropriate and just. Respectfully bmitted, WOLF &~F, Attorneys at Law _ ~ ~ j, ,,. October _ ~ _~'_, 2012 By: / -~ ~ _ AT ~ WOLF, ESQUIRE WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 {717) 241-4436 Supreme Court I.D. No. 87380 NATHAN C. WOLF, ESQUIRE ATTORNEY ID rJO.87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEYFOR.DEFENDANT LOIS GLEIM, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2012-4529 CIVIL CHRIS NICOI.L d/b/a Nicoll Enterprises, Defendant :APPEAL FROM MDJ JUDGMENT CERTIFICATE OF SERVICE I, Natihan C. Wolf, counsel for Defendant, hereby certify that I have served the foregoing Preliminary Objections upon the following person(s) by the means indicated and on the date indicated below, in compliance with the Pennsylvania Rules of Civil Procedure: hIRST CLASS MAIL Glenn R. Davis, Esquire LATSHA DAVIS & MCKENNA, P.C. "1700 Bent Creek Boulevard Suite 140 IVlechatlicsburg, PA 17050 (Counsel for Plaintiff) __ `~" , 2012 NATH~~. WOLF, ESQUIRE Couns 1 r Defendant