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HomeMy WebLinkAbout04-5406 Robert P. Reed, Esquire Law Office of Robert P. Reed 1983 Mannsville Road ElIiottsburg, P A 17024 717582-3008 Attorney's J.D. No. 15624 Reedlaw@direcway.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD E. SLlKE and ROSE SLIKE 1302 Slate Hill Road Camp Hill, PA 17011 Plaintiffs CIVIL ACTION-LAW NO. O~- 6<f(J~ C! ~ vs. ANTONIO EllA and ELIZABETH EllA 336 Main Street Denver, PA 17512 and KMG SIGNS, INC. 123 East Green Street Mechanicsburg, PA 17055 Defendants NOTICE TO DEFEND 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 or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17012 1-800-990-9108 717-249-3166 LAW OFFICE OF ROBERT P. REED BY: ~;'/~ Robert P. Reed, Esquire 1983 Mannsville Road ElIiottsburg, P A 17024 717 582-3008 Attorney's I.D. No. 15624 Counsel for Plaintiffs Dated: /1/ - ;It; - t) 'f A VISO USTED HA SIDO DEMANDADOI A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anterionnente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIAT AMENTE. SI USTED NO TlENE UN ABOGADO. LLAME 0 VA Y A A LA SIGUlENTE OFICINA. EST A OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSGUlR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO. ES POSIBLE QUE EST A OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN CUMBERLAND COUNTY BAR ASSOCIATION 32 BEDFORD STREET CARLISLE,PA 17012 1-800-990-9108 717-249-3166 LA W OFFICE OF ROBERT P. REED Dated: I tJ - tit; - CJ'f BY: ~.;P'. .;e;,o/' Robert P. Reed, Esquire 1983 Mannsville Road ElIiottsburg, PAl 7024 717 582-3008 Attorney's 1.0. No. 15624Counsel for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DONALD E. SLlKE and ROSE SLlKE 1302 Slate Hill Road Camp Hill, PA 17011 Plaintiffs CIVIL ACTION-LAW ()'I. .5'I()G, ~ ~ NO. vs. ANTONIO ELlA and ELIZABETH ELlA 336 Main Street Denver, PA 17512 and KMG SIGNS, INC. 123 East Green Street Mechanicsburg, PA 17055 Defendants COMPLAINT AND NOW, come the Plaintiffs by their Attorney, Robert P. Reed, Esquire, and make claim against the Defendants as follows: 1. Plaintiffs, Donald E. Slike and Rose Slike, are husband and wife and are adult individuals with a place of business at 1302 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendants, Antonio Elia and Elizabeth Elia. are husband and wife and are adult individuals with a residence or place of business at 336 Main Street, Denver, Lancaster County, Pennsylvania 17517. 3. Defendant, KMG Signs, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania and having a place of business at 123 East Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. The events and occurrences hereinafter related took place at or about 1 :30 a.m. on Thursday, April 17, 2003 at a building known as Nino's Pizzeria located at 1801 Market Street, Camp Hill, Cumberland County, Pennsylvania. 5. 1801 Market Street, Camp Hill, Cumberland County, Pennsylvania, was at all times material to the Plaintiffs' cause of action owned by the Plaintiffs, Donald E. Slike and Rose Slike, and were leased to Defendants Antonio Elia and Elizabeth Elia, his wife, pursuant to a lease attached hereto as Exhibit A. 6. At all times material to the Plaintiffs' cause of action there existed a neon sign on the eastern exterior of the aforesaid Nino's Pizzeria which sign had been placed there by KMG Signs, Inc. at the request of Defendants Antonio Elia and Elizabeth Elia. 7. At the time and place aforesaid, a fire was generated in the area of the aforesaid neon sign resulting in damage to the roof necessitating its repair and protection in the sums hereinafter related. 8. Upon investigation it was determined that the circuit box had been wired with a timer in violation of applicable codes and standards, and that the neon light had been directly connected to said timer. As a result of said improper installation, the circuit failed to "trip" when there was a break in the neon tube, which situation resulted in the generation of extreme heat which was communicated to wooden members nearby, resulting in the fire of the aforesaid premises and the resultant damages. 9. As a result of the aforesaid fire, it was necessary to undertake cleanup and securing of the electrical connections, which were performed in the sum of$375 as per the estimate ofC. E. Stansfild, attached hereto as Exhibit B. 10. As a result of the aforesaid fire, the foregoing premises had to undergo repair in the sum of$2,717.60 as per the estimate of Alex R. Szeles, Inc., attached hereto as Exhibit C. II. As a result of the aforesaid damages, the plaintiffs were forced to incur expenses totaling $3,092.60. COUNT I PLAINTIFFS DONALD E. SLlKE AND ROSE SLlKE VS. DEFENDANTS ANTONIO ELlA AND ELIZABETH ELlA IN NEGLIGENCE 12. The avennents contained in paragraphs one through eleven above are incorporated herein by reference as though set forth at length. 13. The aforesaid fire and resultant damages were caused solely by the negligence, carelessness and recklessness of the Defendants, Antonio Elia and Elizabeth Elia in that they: a. Installed a circuit breaker with timer in violation of applicable building and electrical codes; b. In the alternative, knowingly pennitted the installation by others of a circuit breaker with timer attached in violation of applicable building and electrical codes; c. Knowingly pennitted the continuation of an improperly and illegally wired circuit breaker with a timer attached; and d. Knowingly pennitted the installation and wiring of a neon sign to an illegally and improperly wired circuit breaker and timer. WHEREFORE, Plaintiffs demand judgment against the Defendants Antonio Elia and Elizabeth Elia in the sum of$3,092.60 together with interest from April 17, 2003, and the costs of this action, which sum is within the jurisdictional limits for compulsory arbitration in Cumberland County. COUNT II PLAINTIFFS DONALD E. SLlKE AND ROSE SLlKE VS. DEFENDANTS ANTONIO ELlA AND ELIZABETH ELlA IN CONTRACT 14. The avennents contained in paragraphs one through thirteen above are incorporated herein by reference as though set forth at length. 15. The Defendants' conduct as related in Count I above constituted a violation of paragraph seven of their lease (Exhibit A). 16. As a direct result of the violation of paragraph seven of the lease between the parties hereto, Plaintiffs were damaged to the extent of $3,092.60. WHEREFORE, Plaintiffs demand judgment against Defendants Antonio Elia and Elizabeth Elia in the sum of $3092.60 together with interest from April 17, 2003 and the costs of this action, which sum is within the jurisdictional limits for compulsory arbitration in Cumberland County. COUNT III PLAINTIFFS DONALD E. SLlKE AND ROSE SLlKE VS. DEFENDANT KMG SIGNS. INC. 17. The averments contained in paragraphs one through sixteen above are incorporated herein by reference as though set forth at length. 18. The Plaintiffs' damages were caused or contributed to by the negligence, recklessness and carelessness of Defendant KMG Signs, Inc., its agents, servants or employees, in that they: a. Wired or permitted the wiring of a neon sign to a circuit breaker and timer which were improperly or illegally wired under applicable building and electrical codes; b. That they wired or permitted the wiring of a neon sign to an improper electrical installation when they knew, or in the exercise of reasonable care would have known, that said installation exposed the Plaintiffs' property to an unreasonable risk ofhann; and c. Failed to correct the improper electrical connection or to warn either Defendants Antonio Elia and Elizabeth Elia or the Plaintiffs as to the existence of said improper electrical connection. WHEREFORE, Plaintiffs demandjudgnlent against Defendant KMG Signs, Inc. in the sum of $3,092.60 together with interest from April 17, 2003, and the costs of this action, which sum is within the jurisdictional limits for compulsory arbitration in Cumberland County. LAW OFFICE OF ROBERT P. REED Dated: II -i~-olf BY: ~/~~ Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717582-3008 Attorney's 1.D. No. 15624 Counsel for Plaintiffs EXHIBIT A '3 - ~!;{J .r{ tJ ~,. This Agreement, made the t.T day of ~ AD. 1999 Between Donald Slike of the one part, and Antonio Elia and Elizabeth Elia of the other part, Witnesseth, that the said party, in consideration of the rents and covenants hereinafter mentioned, do demise and lease unto said second party, to be used as a Pizza and Sandwich Shop, the premises situate in the Borough of Camp Bill, Cumberland County, state of Pennsylvania, described as follows: ApprOlcimately 1,500 square feet ofa one-story masonry building known as 1807 Market Street, Camp Hill, Cumberland County, Pennsylvania. To have and to hold unto said second party, subject to the conditions of this agreement, for the term beginning on the 14 day of ~ ,1999, and ending on the 3/Nt-dayof~, ,..... 3lt..~ ,.{?ll':.' ;.tJO~ n'V- In consideration of which said second party agree that they will pay to the said first party for the use of said premises, the sum described in paragraph 22 and other consideration hereinafter mentioned under this triple-net Lease Agreement TIlE DEMISE HEREIN CONTAINED IS MADE AND ACCEPrED ON TIlE FOLLOWING EXPRESS CONDmONS: I. No waste shall be committed; and at the end of the said lerm the demised premises shall be delivered in as good condition as at the commencement thereof. ordinary wear and tear and unavoidable damage by fire, lempest and lightning excepted. 2. The rent reserved shall be promptly paid on the several days and times herein specified without deduction or abalement, at the principal office of the said Lessor. 3. If the Lessee should remove or prepare to remove, or allemplto remove from the premises hereby leased before the expiration of the term or at any time during the continuance oflhis 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 ror the lerm of twelve months at the rate which it is then due and collectible under the lerms of this lease shall immediately become due and payable and shall be collectible by distraint or otherwise. 4. Atlbe expiration of Ihe term the demised premises will be restored at the option or the Lessor in the same condition in which they were al the commencement of !he lerm, and the cost or the said restoration shall be paid by the Lessee, which cost will be treated as additional rent due and owing under the lerms 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 lerm, and the said renewal shall be under and subject to all the provisions as contailllld in this agreement of lease; provided however, that such renewal shall be at the option or the Lessor. 6. The Lessor shall not be liable to the Lessee for any damage which may be caused 10 the Lessee by the failure of the Lessor. if said failure is nol due to any fault on his part, to give possession of the premises herein demised, althe time agreed upon. 7. Said Lessee sball not cany on any unlawful or immoral business in or about the demised premises, and shall not cany on any business which will endanger Ihe building from fue or cause a forfeiture of any fire insurance that the Lessor has or may hereafter have on said building. 8. The Lessee agrees 10 pay all bills whicb may be incurred for light, heat or power used or consumed upon the demised premises, and also all bills for waler rent which may accrue for water used during the term of the lease. The Lessor shall not be responsible in any way in Ihe event that the supply of heat is cut offby reason of any cause beyond the control of the Lessor. And the Lessee does hereby release Ihe Lessor from any damage which may result to him by reason of the failure of the Supply of heal. 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 addilional renl. The Lessee agrees 10 keep the plate glass insured at his own risk. 9. The Lessee agrees to keep the premises 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 il 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 Ihe lease. 10. In the event of the filing of a petition in bankruptcy. whether voluntary or involuntary, by or against the Lessee herein, there shall become due immediately upon the filing of said petilion. rent for twelve months, at the rate that the renl is then payable under lhis agreement of lease, and the Lessor shall have Ihe further righl in said event, 10 forfeil and terminale lhis lease. The said forfeitllre to be effected by giving notice in writing 10 the Lessee herein or to lhe person Ihen in charge of the demised premises. Should an e.xecution issue against the Lessee out of any court, twelve monlhs' rent shall thereupon become due and owing. II. In the eventlhalthe premises occupied by Ihe Lessee shall during said tern! be deslroyed by fire. thereby making the premises unlenantable and unlit for OCcupancy so that the owners thereof deem it advisable 10 conslruct a new building, Ihe Lessor herein shall thereupon have the right 10 cancel and lenninate this lease upon giving fifteen days' notice in wriling 10 the Lessee herein, and the lenn of this lease shall thereupon cease at the expiration of fifteen days after the expiration of said nolice. 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 i1s fonner condilion, they to acl with Ihe greatesl possible diligence, and if the said tire shall have rendered Ihe premises untenantable, payment of rent thereunder shall be suspended from the time when Ihe Lessee herein shall nOliIY Ihe Lessor of such condition, until such lime as the building is so repaired and again ready for OCcupancy, and the Lessee herein agrees Ihal in the evenl that the huilding shall be so partially destroyed by fire as 10 render said repairs necessary that the said Lessor shalllhereupon have Ihe right through his servants and agents. and thai the servants and agents of any conlractor employed by the Lessor shall have the right to take POSsession of Ihe premises for the purpose of making such repairs. and the so taldng of possession shall not be an eviction of lhe Lessee herein and shall in no maMer a1fectlhis lenn of lease. 12. The said Lessee hereby confesses judgment for Ihe renl reserved under this agreemenl of lease. togelher with an attorney fee of fifteen percent for collection, and execution may be issued Ihereon from lime to time for any renl due and owing under lhis lease. and judgment in ejectment as herein provided may be enlered concurrently lherewilh. 13. The Lessee does hereby, upon breach of any of the conditions or covenants of this lease during the original term or any renewal, and also when and as soon as the tenn hereby crealed or any extension or renewal thereof shall have expired agrees that an amicable action of ejectment may be enlered by !he Pro!honolary of Ule Court of Connnon Picas of the County of Cwnberland as if a complainl in ejectment has been filed by the Lessor as plaintilf against the Lessee as defendant for all and singular Ute property herein described and as if said complainl in ejcctmenl had been duly served pclSOnally upon the Lessee by the ShcriIf of said Counly within said Counly and had been duly rctnmed by said Shcritr SCIVCd pcrsonaJIy upon said Lessee, and lhc said Lessee hereby authorizes and empowers any altOmey of any conrt of record 10 appear for the Lessee in said amicable action of ejcctmcnl and confess judgment Iherein in favor of lhc Lessor and againsl U,e Lessee for said premises and said Lessee further authorizes the immediate issuance of a writ of P .;on upon a pnlccipe therefor by the p1ainlifl's altOmcy and the Lessee hereby waives any and all righl of slay of execution and releases 10 the Lessor all errors and defeclS whatsoever in entering said action or judgment or in causing said writ 10 issue or in any proceeding thereon or concerning the same and agrees thai no writ of error, objection or exception shall be made or taken thereto, and if after cxccution and rctnm of the writ the defendant shall re-enter inlo possession, thc pro!honotary, upon praecipe and aflidavit setling forth Ihc facts, filed within three years after thc relurn of thc writ upon which execution was compleled shall issuc a new wril of possession 14. And further. iI is agreed and undcrslOOd UllItlhc Lessor, his heirs, or assigns, way enler the premises hcreby leased al any time during the term, cithcr in the presence or absence of the said Lessee for Ihe purpose of ascertaining whelhcr the said premises arc kepi in good order and repair during business hows. Furthcr, thai the Lessor reserves the right 10 display a "for renl or salc" sign upon thc said premises, and 10 show same 10 prospective tenanls or buyers. 15. All damages or injuries done 10 thc said premises other than those caused by fire and by ordinary wear and tear or by the acts or omission of the landlord shall be repaired by the Lessee herein. And thc Lessee covenants and agrees 10 make said repairs upon five days' notice given 10 him by the Lessor, and if he sball ncglccllo make said repairs or commence 10 make the samc promptly or within ten days after said notice as given 10 him. the Lessor shall have the righl 10 mala: the said repairs al the expense and cost of the Lessee, and the amount thereof may be collected as additional rent accruing for Ibe month following the date of the said repairs, and if the said expense is made al the cxpillltion of the lCCm, thcn the cosl so made lnay be collected by Ihe landlord as an additional renl for the use of the premises during the entire lerm. 16. And the said Lessee hereby accepts notice 10 qui I, remove from, and surrender up possession of the said demised premises 10 the said Lessor, his beirs or assigns. al the expiration of the said term. whenever iI may be delemtined, whether by forfeiture or otherwise, without any further notice 10 thai effect, all further notice being hereby waived And on failure 10 pay rent due, for the space of len days besides the distress, or upon breach of any other condition of this lease, the Lessee shall be a non-Ienant, subject 10 dispossession by the said Lessor. without further notice or process of law. with release of crror and of damages, and the said Lessor nlllY re-(:nler the premises and disposcss the Lessee wilbout therebv becoming a trespasser. And Ihc Lessee hcreby waives the benefit of all exemption laws of Ihj~ COlllmonwealth that now arc in force or may hereafter be in force, or in any action or actions that may accrue on Ibis contract. and in any distress or distress UIlII may be made for collection of Ihe whole of said renl or any part thcreof. Waiving also the benelit of Slay of cxecution, inquisition, cxtcnsion, and all errors, in all proceedings arising out of Utis lease. 17. No s1lowcasc, sign or hanging or protruding sign or permanent obslruction of any kind shall be kcpl or maintained by the tenanl on, the reservation or sidewalk in front of the demised premises. said space 10 he used only for purpose of ingress and egress. 18. Thc pany of the second part will bear, pay and discharge when and as the same become due and payable all judgmenls and lawful claims for danlagc& or othcrwise ag;tinst said parties of the lirsl 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 suilS, whether brought before the expiration of this lease and will protect. indemnilY and save harmless the 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 lhe sidewalk in front of tile said premises, or any part thereof, due 10 the negligence of the lessee or his agents. 19. And in consideration of securing the within lease at the above slaled rent, said Lessee does hereby release and discharge said Lessor, his heirs or assigns, from any and all liability for damage thai 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 waler, gas, steam, waste and contents of said water pipes, gas pipes, steam pipes, sewers, basins. water-closels and drains. 20. It is expressly understood by the panies that the whole agreement is embodied in this agreement, which includes the attached Addendum with additional paragraphs numbered 22 through 37. and that no part or item is omitted. 2 L The second party does hereby waive any and all demand for payment of the renl herein provided for, either on the day due or on any other day, eilher on lhe land itself or in any other place, and agrees that such demand shall not be a condition of re-i:ntry or of recovery of possession without legal process or by means of any action or proceedings whatsoever. Witness the hands and seals of the parties, the day and year first above written. ~-u.,g-~ Donald E. Slike 2~ !j ;.,~ .' Antonio Elia r;iZ ..- , ~' .' " ,'- ~.... .ll.",..~.lie... t...<-~...... Elizabetfi Elia '0.. " /" c.x.--<'" IL"- This Addendum to Lease is attached to and made a part of Lease Agreement between the parties hereto. This is a triple-net Lease Agreement, and Lessee is leasing the space "as is". In the event of any conflict between the tenns of the Lease and the terms of this Addendum, this Addendum shall control. 22. Lessee shall pay rent in accordance with the following schedule: (a) From the signing of this Lease Agreement until September 30, 1999, Lessee shall receive "free" rent. Lessor and Lessee understand this "free" period is to compensate Lessee for cleaning and renovatioll8funprovements to restroom facilities. During this "free" Period, Lessee shall be responsible for utilities, taxes, insurance and maintenance. (b) For the next six months, at the rate ofSl,5oo.oo per month. (c) For the next she months, at the rate of$I,550.oo per month. (d) For the next six months, at the rate of $1,600. 00 per month. (e) For the next twelve months, at the rate of$I,650.00 per month. (f) Forthe next six months, at the rate of$ I ,700.00 per month. 23. All rental payments are due on the first day of the month. A five percent (5%) penalty shall be added for any payment not received by the fifth day of the month. 24. All notices to Lessor shall be in writing, addressed as follows: Mr. Donald E. Slike P. O. Box 292 Camp Hill, PA ] 7001-0292 25. Lessee shall pay all rent to 1302 Slate Hill Road, Camp Hill, Pennsylvania or mail to P. O. Box 292, Camp Hill, PAl 7001-0292, unless notified in writing of change in address by Lessor. 26. Lessee shall be responsible for all sewer charges, along with all other utilities as set forth in paragraph 8. 27. Lessee shall keep the premises, both interior and exterior, including parking lot, signage, sidewalk, driveways, roof, spouting, heating, air conditioning, plumbing, electrical system and other equipment in good repair, and replace all glass broken with glass of equal quality, and at the end of the tenn, surrender and deliver the Premises to the Lessor in good order and condition, reasonable wear and use only excepted. Lessee's obligations to maintain and repair shall include, but not be limited to, doors, any devices or appurtenances thereto, plate glass and windows. Lessee agrees to purchase and maintain at all times during the tenn of this Lease and any renewal option a comprehensive maintenance agreement for the heating and air conditioning units. Lessee shall be responsible for and pay for the cost of housekeeping of the Premises, including lawn and landscaping care, sweeping, trash removal, snow removal, lighting and striping of any parking area. Lessee shall make, at its sole cost and expense, all repairs necessary to maintain the Premises and the fixtures in neat and orderly condition. If Lessee refuses or neglects to make such repairs, or fails to diligently prosecute the same to completion, after written notice from Lessor of the need therefor, Lessor may make such repairs at the expense of Lessee and such expense shall be collectable as additional rent. 28. Lessee shall, within thirty (30) days of receipt of billing from Lessor, reimburse Lessor the cost of real estate taxes (at fitce) and insurance for the leased premises. 29. Lessee shall have the option to renew this Lease Agreement for two (2) additional five (5) year tenns, provided a six (6) months written notice (prior to the expiration of the then-expiring tenn) of intention to exercise the option is provided to Lessor. The monthly rental for the first six months of the tirst option period shall be $1,700.00. The monthly rental for the next twelve months of the first option period shall be $1,750.00, and the monthly rental for the following twelve months shall be $1,800.00. The monthly rental for each twelve-month period following shall increase by three percent (3%) over the rent for the previous twelve months. The second option period shall be automatically forfeited if the first option period is not exercised. 30. In the event of a filing of a petition in bankruptcy, either voluntary or involuntary, Lessor shall be entitled to all rights pennitted under the Bankruptcy Code, and Lessee shall provide adequate assurance offulure rentals or this Lease shalltenninate. 31. Lessee shall maintain insurance on the contents of the property and liability insurance, listing Lessor as additional insured, and shall indernni/:Y, hold harmless and defend Lessor from and against any and all costs, expenses (including reasonable counsel fees) liabilities, losses, damages, suits, actions, fines, penalties, claims or demands of any kind asserted by or on behalf of any person or governmental authority, arising out of or in any way connected with, and Lessor shall not be liable on account of (a) any failure by Lessee to perform any of the agreements, terms, covenants or conditions of the Lease Agreement required to be performed by Lessee; (b) any failure by Lessee to comply with any statutes, ordinances, regula lions or orders of any governmental authority; or (c) any accident, death or personal injury, or damage to or Joss or theft of property, which shall Occur in or about the Premises. 32. If less than 50% of the Premises shall be damaged or destroyed by fire, or other casualty, Lessor shall, at its own cost and expense, promptly repair and restore the Premises, including any leasehold additions or improvements covered by Lessor's insurance (but excepting Lessee's trade fixtures, equipment or other personal property) made thereto or thereon to a condition substantially equal to the condition of the Premises immediately prior to such damage. Such repair shall be completed within a period of one hundred twenty (J 20) days after such damage. The rent and other charges shall abate from the date of the damage until the Lessor shall have repaired or restored the premises to the condition described above. Should more than fifty percent (50%) of the Premises leased herein be damaged or destroyed by fire during the last year of the lease tenn, either party shall have the option to terminate this Lease upon fifteen (15) days notice in writing to the other from the date of the damage. 33. If Lessor must commence legal action against Lessee for collection of rent or for possession upon default, Lessee shall be liable for reasonable attorney fees for such efforts and/or legal proceedings. 34. Any entry by the Lessor pursuant to paragraph 14 cannot unreasonable interfere with the Lessee's nonnal business operations, and the Lessor shall be limited to posting "for sale" or "for rent" signs on the Premises to the last six (6) months of the Lease (or option period) or until after default in the payment of rent. 35. A security deposit of Fifteen Hundred Dollars ($1,500.00) shall b~ paid by Lessee to ~z;J- Lessor at the signing of this Lease Agreement. ~ c-.... ),..... p~ ~ 14 $'-.__. tt r?j '-'iL F:.. 36. The premises is to be used as a pizza and sandwich shop only. Any other use must first be approved by Lessor in writing. 37. Lessee will not dispose of materials on the property, and will not process, store or handle any "hazardous substance" as defined in 42 use section 9601 or any "hazardous waste" as defined in 42 use section 6903, and Lessee shall be liable to Lessor, its successors and assigns, for any costs incurred in connection with the processing, storage or handling of hazardous wastes or hazardous substances on Lessor's property. Witness the hands and seals of the parties, the day and year first above wrillen Witness: ~~, .4tL Donald E. Slike L~~.r-~ ~ ., (-~ ....',-"" ,.., . A J............ ~--'" _~_ Antonio Elia . ,0 f ~'L _ .... ". - EXHIBIT B (.E.STANSFILD GENERAL CONTRATOR : DON SlIKE I DES ASSOC. RE: NINO'S PIZZERIA 1801 MARKET STREET, CAMP HILL PA... FIRE Q.EAN UP Oean up glass and debris, tore out any loose wood and abnint.m fi'om neon 1/ghIs and edge of building. Hauled iNRlV and disposed of debris fi'om job. All wires a.t and capped to prevent any electrical shorts. TOTAl LABOR I EXPENSE... $375.00 ('z~ -1?L~.k CONTRACTORS 51 :TURE t/:t.L/n3 DATE / 431LANDISBVRG RD. SHERMANS DALE PA 717-789-9882 EXHIBIT C .' . . ~g 30) E.. r::, ,v1 Alex R. Szeles Inc_ 5110 Lancaster St. HazrisbJrg, PA 17111 (717) 561-0230 (717) 561-0230 05/13/2003 Client: Neno' s P1zzar1a Address: 1801 Market Street Camp Hill, PA 17011 Est.1ma.tor: Joseph Lapano Reference: MR. GENE ~ CLAIMS ADJUSToR Caupany: ARTHUR RDIfER CXK'ANY Address: 5721 JC>>IESTOWN ROAD HARRISBORG, PA 17112 Estimate: NEl<<l'S_PIZZ .S J !t)j0.~ .' Nano's Pizzaria Ala: R. Szeles Inc. 05/13/2003 Page:2 Roaa: Left Side Exterior R&R Laminated - 25 yr. - caup. shingle 3.5 SO 179.25 627.38 rfg. - incl. felt Two ladders with jacks and plank (per 2EA 134.00 268.00 day) R&R Sheathing - plYM:lod - 3/4" CDX 64 SF 1.59 101. 76 Framing repair - Minimum charge lEA 100.33 100.33 R&R Soffit - WOod - replace ru.1IlIlged 105 SF 3.11 326.55 sections of tOllgUe & Groove I'OUgh sawn Soffit Stain and finish soffit syStem on left 208 SF 0.90 187.20 side Awning - Canvas - Detach & reset 14 LF 8.16 114.24 Clean up and rubbish ramoval 8HR 22.00 176.00 Dumping and haUling-stake .body load lEA 275.00 275.00 Building P8Imi t lEA 61. 80 61. 80 1'<<lTE: Neon Sign not inclUded. Adjustments for M1n:lma 5.76 ------------------------------------------------------------------------------------------- Fonaua: EL:5:10:0 . . Neno's P1zzar1a AlE!lI: R. Sze1es Inc. 05/13/2003 Psge;3 llI.......ry Total Line ItEIIIS OVerhead @ Prof1t @ Mater1al Tax @ Grand Total ----------- 10% x 10% x 6% x 2,238.26 2,238.26 432.07 2,244.02 223.83 223.83 25.92 $2,717.60 =::-- -==== VERIFICATION I. Donald E. Slike, hereby swear or affinn that the facts set forth in the foregoing Complaint are true and correct to the best of my infornlation, knowledge and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 1- J. 3 . :H:Jo tj L~ ~',R ~~ o<'.~ oj.) '"'\ \\ \ o UJ Wi I . U. C' iSJ & ~ ~ ~. . (iN Cl ..... ~:, 0 F C'::'1 -n ...- ..n["" 0 ::?:!] 1 ii( ;:, c-> 1;1- t~~~:::' -I ~~~ N f" ~~ (= : -J , ) _ ~'rl ~~C -;:I ':0 <;> =.J: ' !("') t:': i. ")rn .~::f :.:2 '.n ?;; I" -< DONALD E. SLIKE and ROSE SLIKE, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-5406 Civil ANTONIO ELlA and ELIZABETH ELlA, and KMG SIGNS, INC., Defendants : CIVIL ACTION -LAW NOTICE TO PLEAD TO: Donald E. Slike and Rose Slike C/O Robert P. Reed, Esq. You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. ~~ R. Mark Thomas, Esquire Attorney for Defendant ID# 41301 101 S. Market Street Mechanicsburg, P A 17055 (717) 796-2100 DONALD E. SLIKE and ROSE SLIKE, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-5406 Civil ANTONIO ELlA and ELIZABETH ELlA, and KMG SIGNS, INC., Defendants : CIVIL ACTION - LAW DEFENDANT KMG SIGNS. INC. ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, KMG Signs, Inc., by and through its attorney, R. Mark Thomas, Esquire, and files this Answer and New Matter to original Complaint: 1. Admitted. 2. Admitted. 3. Denied. KMG Signs, Inc. is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, but its place of business is now located at 100 East Allen Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. Denied. Defendant KMG Signs, Inc. is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and therefore same is denied and strict proof thereof demanded at time of trial. 5. Denied. Defendant KMG Signs, Inc. is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and therefore same is denied and strict proof thereof demanded at time of trial. 6. Admitted in part, denied in part. It is admitted that KMG Signs, Inc. installed a neoo border on the exterior of Nino's Pizzeria located at 1801 Market Street, Camp Hill, Cumberland County, Pennsylvania, but it is denied that Defendant KMG Signs, Inc.'s installation of the neon border sometime in the year 2000 is material to the Plaintiffs' cause of action. 7. Denied. Defendant KMG Signs, Inc. is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and therefore same is denied and strict proof thereof demanded at time of trial. 8. Denied. Defendant KMG Signs, Inc. is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and therefore same is denied and strict proof thereof demanded at time of trial. By way of further answer, Defendant KMG Signs, Inc. denies having done any electrical work at the aforesaid location concerning a circuit box or a timer and denies responsibility for any fire that may have been caused as a result of . . . Improper wIfIng. 9. Denied. Defendant KMG Signs, Inc. is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and therefore same is denied and strict proof thereof demanded at time of trial. 10. Denied. Defendant KMG Signs, Inc. is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and therefore same is denied and strict proof thereof demanded at time of trial. 1]. Denied. Defendant KMG Signs, Inc. is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and therefore same is denied and strict proof thereof demanded at time of trial. COUNT I PLAINTIFFS DONALD E. SLIKE AND ROSE SLIKE V. DEFENDANTS ANTONIO ELlA AND ELIZABETH ELlA IN NEGLIGENCE Paragraphs 12 through 13. Defendant KMG Signs, Inc. is not the party to this Count and therefore no response is required. COUNT II PLAINTIFFS DONALD E. SLIKE AND ROSE SLIKE V. DEFENDANTS ANTONIO ELlA AND ELIZABETH ELlA IN CONTRACT Paragraphs 14 through l6. Defendant KMG Signs, In(~. is not the party to this Count and therefore no response is required. COUNT III PLAINTIFFS DONALD E. SLIKE AND ROSE SLlKE V. DEFENDANT KMG SIGNS. INC. 17. No answer required. 18. Denied. a. It is specifically denied that Defendant KMG Signs, Inc. wired a neon border to a circuit breaker and timer at the above location; b. Denied that KMG Signs Inc. wired a ne:on border to an improper electrical installation and it is further denied that Defendant KMG Signs, Inc. knew or should have known that under the circumstances then present there was an unreasonable risk of harm; and c. It is denied that KMG Signs, Inc. was aware of an improper electrical connection and therefore KMG Signs, Inc. denies any duty to warn either Defendants Antonio Elia and Elizabeth Elia or the Plaintiffs as to the existence of said improper electrical connection. WHEREFORE, KMG Signs, Inc. prays that this Honorable Court will enter judgment in favor of Defendant KMG Signs, Inc. and against Plaintiffs. NEW MATTER OF DEFENDANT KMG SIGNS. INC. 19. The answers set forth in Paragraphs 1 through 1 8 are incorporated herein as if set forth at length. 20. Approximately two (2) years following the installation of the neon border by KMG Signs, Inc. at Nino's Pizzeria, l801 Market Street, Camp HiH, Pennsylvania, Defendant KMG Signs, Inc. was contacted by Defendant Antonio Elia for the purpose of doing repairs to the neon border previously installed by KMG Signs, Inc. 21. Defendant KMG Signs, Inc. refused to do the repaIrs due to an earlier misunderstanding between Defendant KMG Signs, Inc. and Defendant Antonio Elia. 22. Defendant Antonio Elia hired another party, whose identity is not known by Defendant KMG Signs, Inc. to make repairs to the neon border previously installed by Defendant KMG Signs, Inc. 23. It is believed and therefore averred that at or near the time when the repairs were made by an unidentified third party the fire in question occurred. 24. Defendant KMG Signs, Inc. believes and therefort: avers that if the fire was a result of improper wiring or in some other way connected to the neon border the cause of that fire was due to the negligence of Defendants Antonio Elia and Elizabeth Elia, or in the alternative, due to the negligence of the unidentified third party who did the repair work 1:0 the neon border lights. WHEREFORE, Defendant KMG Signs, Inc. prays that this Honorable Court will grant judgment in favor of Defendant KMG Signs, Inc. and against the Plaintiffs in this cause of action. Respectfully submitted, ~J~ R. Mark Thomas, Esquire ID# 41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 VERIFICATION I verify that t~le statements made in the foregoing document are true and correct. 1 understand that false statements herein are made subject to the penalties uf 18 Pa. C.S. ~4904, relating to unswom falsification to authorities. Date: 1(\)O~i1-l CERTIFICA TE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, First Class Postage pre-paid, addressed to: Robert P. Reed, Esq. 1983 Mannsville Road Elliottsburg, P A 17024 Date: AJ~:3~ ;2tJCJf ~~ R. Mark Thomas, Esq. (") r-..:l 0 <=> C c.;:) -n .c- -...,.. -4 ,J i"t :;1:: rn21 IT c::) , '""lk<:: , .J. -0 fn -" ( . (.) -he) O:! , 0 .~-) L .~, ~.-u r-. , , i..,-, I" ' -~ -0 -11 'J:~ ( I :.:~: l.') ~:~: ( ; .r:::- t~.~)cn """......"c~. ~r;J '::;:i a ...;....1 -< co -< DONALD E. SLIKE and ROSE SLIKE, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-5406 Civil ANTONIO ELlA and ELIZABETH ELlA, and KMG SIGNS, INC., Defendants : CIVIL ACTION -LAW CERTIFICA TE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of the Defendant KMG Signs, Inc. Answer and New Matter to Plaintiffs' Complaint on the following by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, First Class Postage pre-paid, addressed to: Robert P. Reed, Esq. 1983 Mannsville Road Elliottsburg, P A 17024 Antonio Elia Elizabeth Elia 336 Main Street Denver, PA 17517 Date: 11/30/2004 ~~ R. Mark Thomas, Esq. C) !"-.,) C c:::.\ C -C:::-::., -q _"".:",; _c....... -. , , 1:::1 :-r: , p i l"l ;: " C-J ~r;Ci) " C.J "". ",,1 ,.- ~...d"", ._-" , (, -,,' (. (;,~-) p,,) .f;:- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD E. SUKE and ROSE SUKE 1302 Slate Hill Road Camp Hill, P A 17011 Plaintiffs CIVIL ACTION-LAW NO. 04-5406- Civil vs. ANTONIO ELIA and ELIZABETH ELlA 336 Main Street Denver, PA 17512 and KMG SIGNS, INC. 123 East Green Street Mechanicsburg, P A 17055 Defendants PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT. KMG SIGNS. INC. AND NOW, come the Plaintiffs by their Attorney, Robert P. Reed, Esquire, and respond to the New Matter of Defendant, KMG Signs, Inc., as follows: 19. No response required. 20. Denied. After reasonable investigation the Plaintiff." are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and the same are therefore denied and proof thereof is demanded. 21. Denied. After reasonable investigation the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth ofthe averments ofthis paragraph, and the same are therefore denied and proof thereof is demanded. . 22. Denied. After reasonable investigation the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth ofthe averments of this paragraph, and the same are therefore denied and proof thereof is demanded. By way of further answer, subsequent to the fire forming the basis for this action Defendant Antonio Elia informed a representative of the Plaintiffs' that two weeks before the fire agents of Patrick Signs looked at the neon signs on the subject building and then informed Mr. Elia that the signs had been improperly wired. Said agent then proceeded to change the neon tubes on the side of the building facing Market Street and not on the side of the building facing 18th Street where the fire occurred. 23. Denied. After reasonable investigation the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and the same are therefore denied and proof thereof is demanded. By way of further answer, subsequent to the fire forming the basis for this cause of action Defendant Antonio Elia informed a representative of the Plaintiffs that the visit by the agent of Patrick Signs was made approximately two weeks prior to the fire. 24. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant KMG Signs, Inc., in the sum of$3,092.60 together with interest from April 17, 2003, and the costs of this action, which sum is within the jurisdictional limits for compulsory arbitration in Cumberland County. LAW OFFICE OF ROBERT P. REED --4J;t/~_~ ~/7--/ BY: -/~ 7"" ~ Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717 582-3008 Attorney's LD. No. 15624 Counsel for Plaintiffs Dated: If< -/P -0 'f VERIFICATION I, Donald E. Slike, hereby swear or affirm that the facts set forth in the foregoing Reply to New Matter ofKMG Signs, Inc. are true and correct to the best of my information, knowledge and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: )'2 \8'\ L-OO~ ~ J "'Z-, ~ ~Slike CERTIFICATE OF SERVICE AND NOW on this ItJ4day of December, 2004 I Robeli P. Reed, Esquire, hereby certify that I served the within Plaintiffs Reply to New Matter of Defendant, KMG Signs, Inc. this day by depositing the same in the United States mail, postage prepaid, in New Bloomfield, Pennsylvania, addressed to: R. Mark Thomas, Esquire 101 S. Market Street Mechanicsburg, P A 17055 Antonia Elia and Elizabeth Elia 336 Main Street Denver, PA 17512 Jim McColgan Ohio Casualty Insurance Company P.O. Box 11422 Philadelphia, P A 19111 LA W OFFICE OF ROBERT P. REED BY: ~r7~ Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717 582-3008 Attorney's LD. No. 15624 Counsel for Plaintiffs SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05406 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SLIKE DONALD E ET AL VS ELlA ANTONIO ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ELlA ELIZABETH but was unable to locate Her In his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 22nd, 2004 , this office was in receipt of the attached return from LANCASTER County Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00.~ .00 .00 16.00 11/22/2004 ROBERT P. REED Sworn and subscribed to before me this t."E day Of~ 2uv;/ A.D. (h_ D. )YL.,plf~ --: J.nL ,- ~~rothonotary -r7 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05406 P , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SLIKE DONALD E ET AL VS ELlA ANTONIO ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT ELlA ANTONIO but was unable to locate Him , to wit: in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 22nd, 2004 , this office was ln receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge Dep Lancaster Co 18.00 9.00 10.00 73.00 .00 110.00 11/22/2004 ROBERT P REED Sworn and subscribed to before me this c;~ of 9''''-7 day ;2()o.5' A.D. C~~~ Q .~ ~-j /I Prothonotary' So s Kline of Cumberland County SHERIFF'S RETURN - REGULAR GASE NO: 2004-05406 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SLIKE DONALD E ET AL VS ELlA ANTONIO ET AL J. MICHAEL ICKES , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KMG SIGNS INC the DEFENDANT , at 1058:00 HOURS, on the 3rd day of November / 2004 at 100 EAST ALLEN STREET MECHANICSBURG, PA 17055 by handing to AMY BLACK, ASSISTANT TO OWNER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 7.40 .00 10.00 .00 23.40 ~~~~ R. Thomas Kline 11/22/2004 ROBERT P REED Sworn and Subscribed to before By: #MroQ~~ Deputy heriff c::-- me this & -- day of 9~~") ,;lev c". A. D. (11 (?~~ 7 rProthonotary' -I OF 2 SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-34BO . (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1 PlAINTIFF/SI . J) 0 V\ ole\. E , ~ h \<-~ ~~~ KoS.~ s h K~ 3.DEFENDANT/SI , A v\'tOV\lO Ell Q "-"'-~ Ell"z-(."b~'1~ Eh<.\... \ Kt-\G 'S "~V\"" l~"c... SERVE {5' NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC, TO BE SERVED. ...... Ell z-Q.bce-t~ E1 i ~ .. 6 ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 3 3 G:.:, rvlc.: \ V\ s.-\'<'ee""\ -:D ~ \i\ V e y- I ~ J:i. I 7 S I Z 7. INDICATE UNUSUAL SERVICE 0 DEPUTIZE 0 OTHER t -"I!.r Clmberland Now, 10/28 19 04, f, SHERIFF OF _ W COUNTY, PA., do herebY9~utize the S~' Lancaster County to execute this Writ an ;;et'urn th~of "u to law. This deputation being made at the request and risk of the plaintiff. ,. <~ ",?;?;:!:<,z SHERIFF 0 OUN 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: PLEASE TYPE OR PRINT LEGiBlY. DO NOT IJET ACH ANY COPIES. 2 COURT NUMBER ( (,:,~ . 04-5406 civil " 4 TYPE OF WRIT OR COMPLAINT canplaint c\v\l Ac::*\,oV\- /....c...v-..' ,Please mail return of service to Clmberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN- Any deputy sheriff levying upon or attaching allY property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. of ATTORNEY or ther OR INATO 1 O. TEL~HONE NUMBER 11 DATE Ii v. (717 JS8 2 - 3 v6~ It) -- ;lC:, 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) ~o~ey~ ~'~~~&IC~~. t q ~ 3 M..o...V\.lJ\.s. \J Ilk. ~o ~\. F ill o-tt S b ~ ~ pAL 7 () z.. i.f SPACElI"ELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE NAME of Authorized LCSO Deputy or Clerk 14. Date Received ACCICHE 717-299-8200 11/1/04 -0 13. I acknowledge receipt of the writ t or complaint as indicated above. f 15. Expiration/Hearing date 16 I hereby CERTIFY and RETURN that I ave personally served, 0 have legal evidence of service as shown in "Remarks", 0 have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc,. at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COpy thereof, 17 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18 Name and title of individual served (if not shown above) (Relationship to Defendant) 19. DNo Service See Remarks Below (No. 30) 11/29/04 20 Address of where served (complete only if different than shown above) (Street orRFD, Apartment No, City, Bora, Twp. State and Zip Code) 21. Date of Service 22 Time 23 ATTEMPTS Dep.lnt. 24. Advance Costs 150.00 59.50 o d . 5uti/0 S.T.A.: 34. day of 37 1. WHITE - Issuing Authority 2. PINK - Attorney 3, CANARY - Sheriff's Office 4. BLUE - Sheriff's Office 2 OF 2 SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-34EI0 . (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1 PLAINTIFF/S/ .. . 1)OY\CL\C~ ~~h\<..~ ~ 'Rose s.\, \i...~ 3 DEFENDANT/S/ Ih\,~OV\.LCJ t=\ I GI... a..v..~ l?\ ,"Z.o.lo~-\~ tEl (0- PLEASE TYPE OR PRINT LEGIBLY. DO NOT DETACH ANY COPIES. 2 COURT NUMBER 'c. 04-5406 civil Vq K <--, 4 TYPE OF WRIT OR COMPLAINT I MG ';:>l~~$,"h.<:.. C \,\)t\ Ac...\l(H'\ -\.....a..\1JCanplaint { 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO BE SERVED A n\-o If\ lO E I (0.- 6 ADDRESS (Street or RFD, Apartment No., City, Boro, Twp, State and liP Codel 33<0 t-\o..l.V\ ~-\'\"ec\ ~e\\\JeY \~A /7512- 7. INDICATE UNUSUAL SERVICE \(DEPUTIZE 0 OTHER ..0 b 1 nd Now, 10/28 19 04 , I, SHERIFF or In;:t4~~O~!:R COUNTY, PA., do he.reJ)Y5.t~utize th~Sh r" Lanr.i'ls;ter County to execute this Writ ~rn~.',!e1'yrD.J~!;.Qof to law. This deputation being made at the request and risk of the plaintiff. .f' ..<;...~:_."v;""..,..",,~.. .. . , SHERI~F O~t.. L _ [,.. COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: SERVE -. AT Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONL Y APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching ally property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, wIthout liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SfGNATURE of TTORNEY or o~r ORI ATO 0 TELEPHONE NUMBER 1 t DATE r;- 7/7) 5iJ2 - 300~ /0 ~ ~(p '-0 12. SEND NOTICE OF SERVICE COpy TO NAME NO ADDRESS BELOW: (This area must be completed if notice is to be mailed) ~o\>~"..,"\ '\'. \Ce.~&1 b$.b~ ' I , g 3 tv\. o...\" V\ ~ \J \, \ \ e.. " " 0... t\ 8" i II 0-1'1' :::. \:. '" ~, ~ r j4 I '7 0 2l.f SPACE BELOW FOR E OF SHERIFF ONL V - DO NOT WRITE BELOW THIS LINE E of Authorized LCSO Deputy or Clerk 14. Date Received 15 Expiration/Hearing date 13 I acknowledge receipt of the writ l orcomplaintas indicated above. r KIE MICCICHE 717-299-8200 11/1/04 11/29/04 16. I hereby CERTIFY and RETURN that I aye personally served, 0 have legal evidence of service as shown in "Remarks", 0 have executed as shown in "Remarks", the writ orcomplaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc, at the address Inserted below by handing a TRUE and ATTESTED COPY thereof 17.01 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18 Name and title of individual served (if not shown above) (Relationship to Defendant) 19. ONo Service See Remarks Below (No. 30) 2t Date of Service 22 TIme 20 Address of where served (complete only if ditferent than shown above) (Street orRFD, ApartmentNo., City, Boro, Twp. State and lip Code) "Iv\ PM , ...- EST , e..} ~ 23 ATTEMPTS Dep. Int. 24. * S.T.A.: 37 WWI' ~__p COUNTY 34. ,. WHITE. Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4, BLUE - Sheriff's Office . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD E. SLlKE and ROSE SLIKE ] 302 Slate Hill Road Camp Hill, PA 17011 Plain ti ffs CIVIL ACTION-LAW NO. 04-5406 - Civil vs. ANTONIO ELlA and ELIZABETH ELlA 336 Main Street Denver, PA 17512 and KMG SIGNS, INe. 123 East Green Street Mechanicsburg, P A 17055 Defendants PRAECIPE FOR DISCONTINUANCE TO: Curt Long, Prothonotary: Discontinue the above action and mark the Docket accordingly. LA W OFFICE OF ROBERT P. REED Dated: 3-f'l.-(}j- BY: ./1/0;;/ ~ Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717582-3008 Attomey's I.D No. 15624 Counsel for PlaintiiTs . CERTIFICATE OF SERVICE And now, on this 1'14 day of March, 2005, I, Robert P. Reed, Esquire, hereby certify that [ served the within Praecipe for Discontinuance this day by depositing the same in the United States mail, postage prepaid in New Bloomfield, Pennsylvania addressed to: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, P A 17055 James McColgan Ohio Casualty Insurance Company 1'.0 Box 11422 Philadelphia, PA [91] [ LA W OFFICE OF ROBERT P. REED BY: Robeli P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717582-3008 Attomey's LD. No. 15624 Counsel for Plaintiffs ~r/~