HomeMy WebLinkAbout13-4626 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
COURT OF COMMON PLEAS
FROM
JUDICIAL DISTRICT
®� ' � � ro DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
date and in the case mentioned below.
b 4 'A -1-01
Crry I ZIP CODE
0' 3 f N721
50A a '4 1
DATE OF N T!E CAM OF (PI9wKrH)
Kv 1 1 S ICfs Mil
TIRE OF A"RLAW A NEY Oft AGA NT
CV 20
LT.W I� - Ke�rk 31a1Ce. �s
This bkxk will be signed ONLY when this notation is require d under Pa R.CPJP. No .11ant was CLAIMANT (see Pa. R.C.P.J.P. No.
10088.
This Notice of Appeal, when received by the District Justice, will operate as a 1 1(6) in action before District J us tice, he MUST
SUPERSEDERS to the judgment for possession in this case FIL A COMPLAINT within twenty (20) days after
filing is NOTICE of APPEAL.
Signature of Prothonotary or Depu
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of brm to be used ONLY when appellant was DEFENDANT (see .Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon [ ��1 � r ` �` f— ), to file a complaint in this appeal
Name of aweOee(s)
(Common Pleas No, I ! (Q� ) within twenty (20) days after service of ffer entry of judgment of non pros
i � � ` �� � l) � � \ s'p''mue of AgoeA�t a in attorney a apsrw
RULE: To \ 1 opPeflee(
Name d 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 date of
service of this rule upon you by personal service or by certified or registered mail
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing
Darr. , 20 � 3 . ..
�..ry S WNRis of Aouwwwy or away
L71 .l Ild 9-- 9nV C!GZ
CL* (3sa
AOPC 312 -90 COURT FILE TO BE FILED WITH PROTHONOTARY g yDlt 8
-nt 08/05/2013 at 09:22:47 — from — 7179605534 to 7178482777 p2/3
COMMONWEALTH OF PENNSYLVANIA NOtk a Of Judgment /Transcript
COUNTY OF CUMBERLAND
' �� \ Non - Residential Lease
A �� = =ft
Mag, Dist. No: MDJ- 09 -1 - 01 1425 Spanglers Mill LLC 4- 0-10" aS?
MDJ Name: _ Honorable Charles A. Clement Jr, V LeAw trle
Address: 920 Linda Lane Michael & BOW Feliciano, Colonial Landscape
Camp Hill, PA 17011 Development LLC d/b /a Just Lawn Cutters, Blinc
Group LLC d /b /a Keeping it Green
Telephone: 717-737-3434
File Copy Docket No: MJ- 09101 -LT- 0000103 -2013
Case Filed: 7/3/2013
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 Disposition Datg
MJ- 09101 -LT- 0000103 -2013 1425 Spanglers Mill LLC Michael & Bobbi Feliciano Judgment for Plaintiff — 07/16/2013
MJ- 09101 -LT- 0000103 -2013 1425 Spanglers Mill LLC Colonial Landscape Development Judgment for Plaintiff 07/1612013
LLC d/b /a Just Lawn Cutters
MJ-091 01 -LT-00001 03-2013 1425 Spanglers Mill LLC Blinc Group LLC d/b /a Keeping it Judgment for Plaintiff 07/1612013
Green
Judgment Summary
Participant ,Joint/Several Liability Individual Liability Amount
1425 Spanglers Mill LLC $0.00 $0.00 $0.00
Blinc Group LLC d /b /a Keeping it Green $12,171.50 $0.00 $12,171,50
Colonial Landscape Development LLC d/b /a $12,171.50 50.00 $12,171.50
Just Lawn Cutters
Michael & Bobbi Feliciano $12,171.50 WOO $12,171.50
Judgment Detail ( "'Post Judgment)
In the matter of 1425 Spanglers Mill LLC vs. Michael & Bobbi Feliciano; Colonial Landscape Development LLC d /b /a. Just Lawn
Cutters; Blinc Group LLC d/b /a Keeping it Green on 7/16/2013 the judgment was awarded as follows:
The amount of rent per month, as established by the Magisterial District Judge, is $3,050.00
Judgment ComponlInt Joint/Several Liability Individual Liability Deposit Applied Arn
Rent in Arrears $12,000.00 $0.00 $12,000.00
Costs $171.50 $0.00 $171.50
Grand Total: $12,171.50
Portion of judgment for physical damages arising out of residential lease: $0.00
ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY
OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURTS OF THE COURT OF COMMON PLEAS,
CIVIL DIVISION,
YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS
OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS
TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON
PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT,
MDJS 315A y Page 1 of 3 Printed: 07 /16/2013 12:42:11 PM
ant 08/05/2013 at 09:23:58 — from — 7179605534 to 7178482777 p3/3
1425 Spanglers Mill LLC " "'. If Docket No.: MJ- 09101 -LT- 0000103 -2013
V.
Michael & Bobbi Feliciano, Colonial Landscape
Development LLC d /b /a Just Lawn Cutters, Blinc
Group LLC d /b /a Keeping it Green
AY
Date Magisterial District Judge Charles A. Clement Jr.''. -;.
certify that this is a true and correct copy of toe recor d of e proceedings contammg the judgment.
Date Magisterial District Judge
i
MDJS 315A Page 2 of 3 ��� Printed: 07116/2013 12:42:11 PM
COMMONWEALTH Of PENNSYLVANIA NOTICE OF APPEAL
COURT CN COMMON PLEAS
FROM
1UWt1Al DISTRICT
DISTRICT JUSTICE JUDGMENT
0q _ I _ 01
COMMON PLEAS Ns 1
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
daft and in the case mentioned below
NAM OF APPEIIANT rrnyr %�G-
le a Ju )J tawp Ct ft5_+ f C Grog 1.LC 6 e PePIMAUK6 i -O I
STATE zP cow
FO 60x a 1013
DATECF RD 1 ~l�)as, n, IPrs 1Y1 ill LLC s ' l F CLAW 11C10S� 01 al,
TLXE OF A"E1L; A NEY 00 ACANT
CV 2n r i >
LT ze— ,: 1
This block will be signed ONLY when this notation is required under Pa R.CP.JP. Na. .Ilant was CLAIMANT (see Pa..R.C.P.J.P. No.
10088.
This Notice of Appeal, when received by the District Justice, will operate as a 1 1(6) in action before District Justice, he MUST
SUPERSEDERS to the judgment for possession in this case FIL A COMPLAINT within twenty (20) days after
filing is NOTICE of APPEAL.
=1 ignature of Prothonotary or Deputy _.
= PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of fofm to be used ONLY when appellant was DEFENDANT(see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee). '
PRAECIPE: To Prothonotary
Enter rule upon l"1 , to fib a complaint in this upped
J / Name W awwleem /
(Common p{ Na ' ? C/ U/ j within twenty(20)days after service of suffer entry of judgment of non pros
1� Gt1 ) [S J 1 1 i ) ice.L, )• of agoert+t or he etromey a perk
RULE: To i :
Marne of" s) . 7
(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 moil
(2)If you do not file a complaint within this time,a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3)The date of service'of this rule if service was by mail is the date of mailing\
Dab:
.,; wit ot woehonowy or Opb
►,opc 312-40 _ COURT FILE
Pi.
r RO I iliJ�iU 4f�li I
2�, 3 AUG -9
SU��N�1S�Yl�AO q TY
CF G7 V01-11CF- PAL' l,'0 t�V-n, VID COULEE TG l'Q-17z
!t ;ra ds,s t �zr�e w<.y C{:�': i 9r « f C FC'►s fly°�' d�"'��C'j :'� * 6'' �a�rF;rr iiis ncfd^
CCTC7''0'r,'^ OF V1L 5r5-giAF ':
! ( 2 NO. T� ���CJ�-� i< (,C ��� C�" f � CIS CC ':Y� �t C 0-
`0
J �� _ �1a �3 I rE'".1 u=...�.�' iy) �r.`IQ: C:�"" .,�' '.'-�'.�, `..w• `2- ��� 'Of�e t-P.
�
FD�� h fh0_C-C'^z..5�.�:
nr t � .�y� �p
COMMONWEALTH OF PENNSYLVANIA Seal
Notarial Not
Lorena M.Wiser,Notary Public
FIEde od C^2cted City of York,York County
My Commission Expires Sept 20,2014
MY cORi"RL.';'-,On c rl.r(-"171-50 � ,���—_ MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
Postal Postal
CERTIFIED MAILT. RECEIPT CERTIFIED RECEIPT
(�- (Domestic Mail •nly;No Insurance Coverage Provided) (- (Dorpestic Mail Only;
I, C3
delivery-a For information r � � o
Ir 0 � 9C-1A US -E rr 0 -F EC � L USE
7u ru
r-q
Postage '$ r-9 Postage $
`D Gerli ied Fea Certified Fee
C3 Postmark C3 - - t Postmark
Return Receipt Fee Here, p Return Receipt Fee Here
(Endorsement Required) (Endorsement Required)
Restricted Delivery Fee C3 -1 Restricted Delivery Fee
(Endorsement Required) - (Endorsement Required)
O C3 @
Total Postage&Fees -,' Total Postage&Fees $ r
Sent To. __--. _ C3- Sent TO
rq 1425 Spanglers Mill,LLC i ...........
I-q sheet,i�pr:i3o., PO Box 253 0 "1;6 Tapr 70&4 District Justice Charles A.Clement,Jr.
or PO Box No. or PO Box No. --
- .________________________ _ Lemo e PA '17043 - 920 Linda Lane
Orty,State,Z/P+4 _Yn �__ = City State,Z/p+
Camp Hill PA 17011
PS Form 3800,August 2006 See Reverse for Instructions PS Form 3800,August 2006 See Reverse for Instruction%
1425 SPANGLERS MILL, LLC, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY,PENNSYLVANIA
VS.
COLONIAL LANDSCAPE NO. 13-4626 CIVIL TERM
DEVELOPMENT, LLC, d/b/a JUST
LAWN CUTTERS,
DEFENDANT
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you.must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association . _ ---i
32 S. Bedford Streetrn
Carlisle, PA 17013 i,,i- , �c
(717) 249-3166 r °' °
Via.
r�
1425 SPANGLERS MILL, LLC, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
COLONIAL LANDSCAPE NO. 13-4626 CIVIL TERM
DEVELOPMENT, LLC, d/b/a JUST
LAWN CUTTERS,
DEFENDANT
COMPLAINT
AND NOW, comes the Plaintiff, 1425 Spanglers Mill, LLC, by and through its attorney,
Robert P. Kline, Esquire, and respectfully states as follows:
1. Plaintiff is 1425 Spanglers Mill, LLC, a Pennsylvania limited liability company
with its registered address at 100 Pin Oak Drive,New Cumberland, Pennsylvania 17070 and
mailing address at P.O. Box 253, Lemoyne, Pennsylvania 17043.
2. Defendant is Colonial Landscape Development, LLC, d/b/a Just Lawn Cutters, a
Pennsylvania limited liability company with its registered office located at 6343 Lake Road,
York, Pennsylvania 17403.
3. 142$ Spanglers Mill, LLC is the equitable owner of certain real property located
at 1425 Spanglers Mill Road in Lower Allen Township, Cumberland County, Pennsylvania.
4. On or about March 26, 2011, Plaintiff and Defendant entered into a Lease
Agreement for a portion of the premises at 1425 Spanglers Mill Road, Lower Allen Township,
Cumberland County, Pennsylvania. A copy of said Lease Agreement is attached hereto as
Exhibit"A".
i
5. Commencing in May, 2013,the parties orally modified the terms of the Lease
Agreement whereby Defendant relinquished a portion of the premises in exchange for a rental
reduction in the amount of$300.00 monthly.
6. Defendant is in default under the Lease Agreement for failure to pay rent, as
follows:
Unpaid rent remaining from 2012 $ 2,000.00
April 2013 rent- $3,350.00 + 335.00 late fee 3,685.00
May 2013 rent- $3,050.00 + 305.00 late fee 3,355.00
June 2013 rent- $3,050.00 + 305.00 late fee 3,355.00
July 2013 rent- $3,050.00 + 305.00 late fee 3,355.00
August 2013 rent- $3,050.00 + 305.00 late fee 3,355.00
Total Amount Due (including late fees) $19,105.00
7. Pursuant to the Lease Agreement, rent is also due from the Defendant for the
remaining term of the lease period, as follows:
September 2013 through March 2014
(7 months x $3,050.00) $ 21,350.00
April 2014 through March 2015
(12 months x $3,550.00) 42,600.00
April 2015 through March 2016
(12 months x $4,050.00) 48,600.00
Total Rent Due from date of Complaint $112,550.00
through end of Lease
8. The total amount due and owing from Defendant to Plaintiff as a result of its
default under the Lease Agreement is $131,655.00.
WHEREFORE, Plaintiff, 1425 Spanglers Mill, LLC, demands judgment in its favor and
against Defendant, Colonial Landscape Development, LLC t/b/a Just Lawn Cutters, in the
amount of$131,655.00,plus costs of suit.
Respectfully submitted,
ZZc,, 2 W 3
DATE ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
VERIFICATION
We,Thomas A. Chelednik,Jr.,Member,and Douglas P. Pugh,Member,verify that the
statements made in the foregoing Complaint are true and correct. We understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities. We further verify that as the sole members of 1425
Spanglers Mill, LLC,we have authority to execute this Verification on behalf of the company.
Date THOMAS A. CHELED IK,JR.
Date DOUGLAS P.
1.
LEASE AGREEMENT
ARTICLE I
PARTIES
THIS LEASE,made and entered into this
-4� day of March,2011,by and between
COLONIAL LANDSCAPE DEVELOPMENT,LLC,D/B/A JUST LAWN CUTTERS
(hereinafter called "Tenant")and 1425 SPANGLERS MILL,LLC, and/or its nominees,
successors or assigns,(hereinafter called"Landlord").
ARTICLE II
DEMISED PREMISES
The Landlord,in consideration of the covenants,conditions,agreements and stipulations
of the Tenant hereinafter expressed,does hereby demise and lease unto Tenant the following
premises situated in Lower Allen Township,Cumberland County,Pennsylvania,with an address
of 1425 Spanglers Mill Road, Camp Hill,Pennsylvania 17011. Said premises to have
approximately square feet of space and to include the portions of the buildings and
outside open areas as indicated on the diagram attached hereto as Exhibit"N'.
ARTICLE III
TERM AND USE
To have and to hold the same for a term of five(5)years to commence on April 1,2011.
Tenant covenants to occupy and use the demised premises during the term of this lease
and.any renewals thereof as a lawn cutting and landscaping business and for such other purposes
and in such manner as shall not violate the zoning ordinances and other laws and regulations of
any federal,state,county,municipal or other governmental authority now in force or hereafter
adopted which in any manner affect the use of the demised premises or any appurtenances
thereto.
ARTICLE IV
RENT
Tenant shall pay to Landlord monthly rent as follows: from April 1,2011,and in each
month thereafter until September 1,2011, in the monthly amount of$2,500.00;from the period
beginning October 1, 2011 through March 1,2012,in the monthly amount of$2,750.00; from
Exhibit"A"
April 1,2012 through March 1,2013,in the monthly amount of$3,000.00; April 1,2013 through
March 1, 2014, in the monthly amount of$3,350.00;April 1,2014 through March 1,2015, in the
monthly amount of$3,850.00; and April 1,2015 through March 1,2016, in the monthly amount
of$4,350.00. Rentals are due on the 1'day of each month and will be deemed Iate if received on
or after the 5a'day of the month. A charge often(10 1/6)percent will be assessed for each late
payment.
Payment of rent shall begin on April 1,2011. Payment shall be made to 1425 Spanglers
Mill,LLC, at P.O.Box 253,Lemoyne,PA 17043,or to such agent or other person and/or such
other location as may be specified in writing by Landlord.
ARTICLE V
SECUMY DEPOSIT
Upon the execution of this Lease,Tenant shall pay to Landlord the sum of$3,000.00,to
be held as security for the faithful performance of all the terms,covenants and conditions of this
Lease. The sum of said deposit,without interest,shall be repaid to Tenant after the termination
of this Lease and any renewal thereof,provided Tenant shall have left the premises in a condition
acceptable to Landlord. Upon any default by Tenant hereunder,all or part of said deposit may,at
Landlord's option,be applied on account of said default,and thereafter Tenant shall promptly
restore the resulting deficiency in said deposit.
ARTICLE VI
ACCESS, OWNERSHIP,POSSESSION AND WARRANTY
The Landlord covenants that Landlord is lawfully seized of the demised premises and of
the parking areas, driveways,and footways and has good and lawful authority to enter into this
Lease for the full term aforesaid,that Landlord will put the Tenant in actual possession of the
demised premises at the beginning of the term aforesaid,and that Tenant, on paying the said rent
and performing the covenants herein agreed to by Tenant, shall and may peaceably and quietly
have,hold and enjoy the demised premises and use the appurtenances thereto as hereinabove
referred to for the said term.
Tenant covenants and agrees that Landlord shall have the right to do the following things
and matters in and about the demised premises:
(a)At all reasonable times Landlord or Landlord's duly authorized agents may go
upon and inspect the demised premises and every part thereof,and/or at Landlord's option
make repairs, alterations and additions to the demised premises or the building of which
the demised premises is a part;
(b)Landlord may make such rules and regulations as in Landlord's judgment may
from time to time be necessary for the safety, care and cleanliness of the premises,and for
the preservation of good order therein. Such rules and regulations shall,when notice
thereof is given to Tenant, form a part of this Lease.
ARTICLE VII
FIXTURES AND PERSONAL PROPERTY
Any equipment installed in or attached to the demised premises by and at the expense of
the Tenant shall remain as the property of the Tenant and the Landlord agrees that the Tenant
shall have the right at any time,provided Tenant is not in default hereunder,to remove any and
all of Tenant's equipment which may be stored or installed upon the demised premises;provided,
however, in such event Tenant shall so restore the demised premises substantially to the same
condition in which they were at the time the Tenant took possession, except for reasonable wear
and tear.
Tenant covenants and agrees that Tenant will take none of the following action without
first obtaining Landlord's written consent:
(a) Occupy the demised premises in any other manner or for any other purpose
than as above set forth;.
(b) Make any alterations,improvements,additions to the premises. All
alterations,improvements,additions or fixtures,whether installed before or after the
execution of this Lease, shall remain upon the premises at the expiration or sooner
termination of this Lease and become the property of Landlord,unless Landlord shall,
prior to the termination of this Lease,give written notice to Tenant to remove the same,in
which event Tenant will remove any such alterations,improvements and additions and
restore the premises to their former condition. Should Tenant fail so to do,Landlord may
do so, collecting, at Landlord's option,the cost and expense thereof from Tenant as
additional rent;
(c) Place or allow to be placed any stand,booth, sign or showcase upon the
doorsteps, vestibules or outside walls or pavements of said premises,or paint,place,erect
or cause to be painted,placed or erected any sign,projection or device on or in any part of
the premises,without the express prior approval of Landlord. Tenant shall remove any
sign,projection or device painted,placed or erected with Landlord's permission and shall
restore the premises to their former condition at or prior to the expiration of this Lease. If
Tenant fails so to do, Landlord shall remove said stand,booth, sign,showcase,projection
or device, and shall restore the premises to their former condition, and shall have the
option to hold Tenant liable to Landlord for any and all expenses so incurred by Landlord;
1�
(d) Use or store materials, substances, or operate any machinery that,in
Landlord's opinion,is harmful to the building and/or its appurtenances or disturbing to
other tenants occupying other parts thereof;
(e) Place any weights in any portion of the demised premises beyond the safe
carrying capacity of the structure.
Tenant covenants and agrees that Landlord shall have the right to take the following
actions in and about the demised premises:
(a) Display a"For Sale" sign at any time;
(b) After notice from either party of intention to terminate this Lease, or at any
time within three months prior to the expiration of this Lease,display a"For Rent" sign,
or both"For Rent" and"For Sale" signs;
(c) Place said signs upon such part of the premises as Landlord may elect;
(d) Permit prospective purchasers or tenants to inspect the premises at reasonable
hours at any time.
ARTICLE VIII
INTERNAL MAINTENANCE AND TENANT'S COVENANT TO SURRENDER
PREMISES AND MAINTAIN PREMISES IN GOOD CONDITION
Tenant covenants that Tenant will, at Tenant's expense,keep and maintain in good order
and repair the interior of the premises leased by Tenant, excluding structural portions. Tenant
further covenants that Tenant will,at Tenant's expense,repair any damage to the exterior of said
improvements and to the parking areas,driveways and footways occasioned or necessitated by
the negligence or willfulness of its agents or employees. Tenant covenants and agrees that
Tenant will not make structural changes or alterations without the.written consent of the
Landlord,which consent shall not unreasonably be withheld;that Tenant will not in any manner
deface or injure said premises or any part thereof, and that Tenant will return said premises
peaceably and promptly to the Landlord at the end of the term of this Lease,or at any earlier
termination thereof;and that the premises will be in as good condition as at the beginning of the
term,loss by fire or other hazard and by ordinary wear and tear excepted.
Tenants covenants and agrees that Tenant will without demand:
(a) Keep the demised premises clean and free from all ashes,dirt and other refuse
matter;replace all glass windows,doors, etc.broken;keep all waste and drain pipes open;
repair all damage to plumbing and to the premises in general;keep the same in good
order and repair and in the same condition as at the beginning of the term,reasonable
wear and tear and damage by accidental fire or other casualty not occurring through
negligence of Tenant or other person employed by or acting for Tenant alone excepted;
(b) Comply with any requirements of the constituted public authorities,and with
the terms of any state or federal statute or local ordinance or regulation applicable to
Tenant or its use of the demised premises,and save Landlord harmless from penalties,
fines,costs or damages resulting from failure so to do;
(c) Use every reasonable precaution against fire;
(d) Give to Landlord prompt written notice of any accident,fire, or damage
occurring on or to the demised premises.
ARTICLE IX
EXTERNAL MAINTENANCE
Landlord covenants that Landlord will, at its own expense,keep and repair the exterior
and interior structural portions of the premises leased by the Tenant and the parking areas,
driveways, and footways in goad order and repair during said term;provided,however,that
Landlord shall not be responsible for or required to make any repairs which may have been
occasioned or necessitated by the negligence or willfulness of Tenant or Tenant's agents or
employees.
It is the responsibility of the Tenant to keep all areas in and about Tenant's leased
premises free'and clear of all debris and trash. If such areas are not kept free and clear of all
debris and trash,the Landlord may, at Landlord's option and without notice, remove such debris
and trash. The cost of such Iabor and equipment needed to remove debris shall be billed to
Tenant and paid for upon presentation of such bill and considered as additional rent.
Tenant will maintain the grounds around the building.
All trash containers and collection equipment must be placed at a location approved by
Landlord.
Tenant must subscribe to the trash service designated by Landlord.
Tenant shall be responsible for snow removal.
ARTICLE X
INSURANCE
Landlord will maintain and pay for adequate fire and hazard insurance,with extended
coverage, on the demised premises. If during the term of this Lease the demised premises are
used by the Tenant for any purpose or in any manner that causes the improvements to be rated by
fire and hazard insurance companies as extra hazardous,Tenant will pay the additional insurance
premium caused by such use.
Tenant agrees during the term of this Lease it will maintain public liability insurance with
personal injury limits of at least S-, rqd , 6-o ,"" , and a limit of at least /paeyo,
for damage to property, and that the parties hereto shall be named as insured in said policy.
Tenant may provide such insurance coverage in any blanket policy that it carries.
Tenant shall provide for all hazard insurance on its own contents in the demised premises.
Tenant shall provide for flood insurance on its own contents in the demised premises.
Landlord shall not be responsible in any manner to Tenant for flood damage. Tenant
acknowledges that it is aware that a portion of this property lies within the l Oa-year flood plain.
Landlord and Tenant mutually agree that in respect to any loss which is covered by
insurance then being carried by them respectively,the one carrying such insurance and suffering
said loss shall release the other of and from any and all claims with respect to such loss,to the
extent reimbursable by such insurance.
Tenant covenants and agrees that Tenant will not do or suffer to be done, any act,matter
or thing objectionable to the fire insurance companies whereby the fire insurance or any other
insurance now in force or hereafter to be placed on the demised premises,or any part thereof,or
on the building of which the demised premises may be a part, shall become void or suspended, or
whereby the same shall be rated as a more hazardous risk than at the date of execution of this
Lease,or employ any person or persons objectionable to the fire insurance companies, or carry or
have any benzene or explosive matter of any kind in and about the demised premises without
Landlord's prior written consent. In case of a breach of this covenant(in addition to all other
remedies given by Tenant to Landlord in case of the breach of any of the conditions or covenants
of this Lease)Tenant agrees to pay to Landlord as additional rent any and all increases of
premiums on insurance carried by Landlord on the demised premises,or any part thereof,or on
the building of which the demised premises may be a part caused in any way by the occupancy of
Tenant.
ARTICLE XI
TAXES
Landlord shall be responsible for all real estate taxes which may be taxed,charged,
levied,assessed,or imposed upon or against the property and building in which Tenant's leased
premises are located.
Tenant shall pay all personal property taxes on all of the trade fixtures,equipment and
other property which Tenant may have stored or installed on the premises.
ARTICLE XII
RIGHTS OF PAYMENT UPON DEFAULT
If Landlord shall at any time fail to pay any taxes and to provide and pay for any
insurance required of it under the terms of this Lease,then Tenant may, at Tenant's option,
without liability or forfeiture,pay such taxes or provide and pay for such insurance.
Landlord further agrees that Tenant shall also have the right, at its option without liability
for forfeiture,to pay,when due or within the grace period permitted, any installment of mortgage
indebtedness upon the demised premises when the payment thereof shall be necessary to preserve
Tenant's leasehold interest hereunder and deduct the payment thereof from the rent thereafter
falling due hereunder.
ARTICLE XIH
TENANT'S DEFAULT
If the Tenant shall default in the performance of any covenant under this Lease and fails
to cure the default within ten(10)days of receipt of written notice of default from Landlord, or if
the Tenant shall become the subject of any action under the Bankruptcy Code or make any
conveyance of general assignment for the benefit of creditors,Landlord may immediately or at
any time thereafter and without further notice or demand enter into and upon said premises or
any part thereof and take absolute possession of the same fully and absolutely without such re-
entry working a forfeiture of the rents to be paid and the covenant to be performed by the Tenant
for the full term of this Lease. Landlord may lease or sublet such premises or any part thereof on
such terms and conditions as Landlord may elect. After crediting the rent actually collected from
such re-letting against the rentals stipulated to be paid under this Lease by the Tenant,Landlord
shall collect from the Tenant any balance due on the rent reserved under this Lease.
Tenant agrees to pay as rent in addition to the rental herein reserved any and all sums
which may become due by reason of the failure of Tenant to comply with the covenants of this
Lease,including any and all damages,costs and expenses which the Landlord and/or his agent
may suffer or incur by reason of any default of the Tenant and any and all damages to the
demised premises caused by any act or neglect of the Tenant.
ARTICLE XIV
UTILITIES
Landlord shall provide the normal utility service connection into the demised premises.
During the term of this Lease,Tenant shall pay for all utilities for the leased premises..
All utilities that can be are to be separately metered so that payment for utilities will be
based on actual consumption by Tenant. Any utilities that cannot be separately metered shall be
charged to Tenant on a pro rata basis.
ARTICLE XV
ASSIGNING AND SUBLETTING
The Tenant may not assign this Lease or sublet the whole or any part of the demised
premises without the written consent of the Landlord,it being understood and agreed that such
consent will not be unreasonably withheld. In the event that the Landlord at any time in writing
consents to the assignment of this Lease or to the subletting of the whole or any part of the
demised premises,such assignment or sublease shall be in writing and shall be subject to the
following conditions:
(a) That neither such assignment nor sublease nor the acceptance of rent by the
Landlord from such assignee or subtenant shall relieve,release or in any manner affect
Tenant's liability;
(b) That the said assignee or subtenant by an instrument in writing in recordable
form shall assume and agree to keep, observe and perform all of the agreements,
conditions,covenants and terms of this Lease and shall be and become jointly and
severally liable with the Tenant for the non-performance thereof;
(c) That a duplicate original of such instrument of assignment of sublease and
assumption shall be delivered to the Landlord as soon as such assignment or sublease and
assumption shall have been executed and delivered;and
(d) That no further or additional assignment of this Lease or sublease shall be
made,except upon compliance with and subject to the provisions of this article,
CF:�r'
ARTICLE XVI
SIGNS
Tenant identification signs will be supplied and erected by the Tenant,at Tenant's
expense, and are subject to Landlord's prior approval. These signs shall meet all applicable
ordinances and regulations and shall conform to the uniform signage requirements.
ARTICLE XVH
DESTRUCTION OF PREMISES
The parties hereto mutually agree that if the demised premises be damaged by fire or any
other cause insured against by Landlord,Landlord will repair the said damages as promptly as
practicable and as quickly as possible restore possession of said premises without diminution to
Tenant;provided that Tenant shall meanwhile be entitled to an abatement of rent to the extent of
the loss of use suffered. In the event of damage to the extent of at least seventy-five percent of
the said premises by fire or other cause insured against either party may, at its option,cancel and
terminate this Lease by giving to the other written notice thereof at any time within thirty(30)
days after the date of such damage. In the event the premises are unfit for occupancy for a period
in excess of sixty(60) days,Tenant shall have the option to terminate this Lease,upon written
notice to the Landlord.
ARTICLE XVHI
NOTICES
Whenever this Lease requires notice to be given to either party, such notice shall be given
in writing by certified mail addressed as follows:
To the Landlord at: 1425 Spanglers Mill,LLC
P.O.Box 253
Lemoyne,PA 17043
To the Tenant at: Colonial Landscape Development,LLC
d/b/a Just Lawn Cutters
ARTICLE XIX
AGREEMF,NT BETWEEN LANDLORD AND TENANT
It is expressly understood and agreed by and between the parties hereto that this Lease
sets forth all the promises, agreements,conditions and understandings between the Landlord and
Tenant relative to the demised premises,and that there are no promises,agreements,conditions
or understandings, oral or written,between them other than are herein provided and no
subsequent alteration,amendment,change or addition to this Lease shall be binding upon
Landlord or Tenant unless reduced to writing and signed by them.
ARTICLE XX
OBLIGATION OF SUCCESSORS
The Landlord and Tenant agree that all the provisions hereof are to be construed as
covenants and agreements as though the words imparting such covenants and agreements were
used in each separate paragraph hereof and that all the provisions hereof shall bind and inure to
the benefit of the parties hereto,their respective heirs, legal representatives,successors and
assigns.
ARTICLE XXI
SUBORDINATION OF LEASE
This Lease, its terms and conditions,and all leasehold interest and rights hereunder,are
expressly made,given and granted subject and subordinate to the lien of any bona fide mortgage
or deed of trust now or hereafter imposed upon all or any part of the demised premises,and
Tenant agrees to execute and deliver to the Landlord,its successors or assigns, or to any other
person or corporation designated by the Landlord, any instruments requested by the Landlord
consenting to any such mortgage or trust deed placed upon the demised premises and
subordinating this Lease thereto.
In the event of subordination,all rights of Tenant hereunder shall be fully preserved and
protected so long.as Tenant complies with all the covenants or conditions herein contained.
ARTICLE NMI
FORCE MAJEURE
In the event that Landlord shall be delayed, or hindered, or prevented from the
performance of any act required hereunder,by reason of governmental restrictions, scarcity of
labor or materials, or for other reasons beyond Landlord's control,the performance of such act
shall be excused for the period of delay,and the period for the performance of any such act shall
be extended for a period equivalent to the period of such delay.
ARTICLE XXIII
REPAIRS
Landlord will maintain the roof and the exterior walls of the premises, excepting any
work done by Tenant, and any exterior glass or doors, in proper repair,provided that in each case
Tenant shall have given Landlord prior written notice of the necessity of such repairs. Tenant
will keep the interior of the demised premises,which includes but is not limited to,all electrical,
plumbing,heating, air conditioning and other mechanical installations therein,all interior doors,
and all plate glass and interior door and window glass in good order,accomplishing any and all
repairs,alterations,replacements and modifications at its own expense and using materials and
labor of kind and quality equal to the original work,and will surrender the demised premises at
the expiration or earlier termination of this Lease in as good condition as when received,
excepting only deterioration caused by ordinary wear and tear and damage by fire or other
casualty of the kind insured against in standard policies of fire insurance with extended coverage.
Except as hereinabove provided,Landlord shall have no obligation to repair,maintain, alter,
replace,or modify the demised premises or any part thereof,or any plumbing heating, electrical,
air conditioning or other mechanical installation therein. Under no circumstances shall Landlord
be obligated to repair,replace or maintain any plate glass or interior door or window glass.
IN TESTIMONY WHEREOF,the Landlord and Tenant have caused these presents to
be executed and delivered as of the day and year stated in Article I.
TENANT:
COLONIAL LANDSCAPE DEVELOPMENT,
LLC,D/S/A JUST LAWN CUTTERS
By:
LANDLORD:
1425 SPANGLERS MILL,LLC
B
!EQENQ
+rPtwr rur i :
..�^ae e.�aw.Qm.nrrva Y::-e.•::�..iv.:...
-- „r,�ma 1i.2 area+,. i�•^+- �" ,,.,,, �• a
--e--.--+—r.xraam aw.w�rc+a .,•--..n :.,,,.•r_. �! � ] -'
RYUaa
fl.w/sainFY �1 �. �L• 1
:o TKP.
1 1S_I \
.\•. '� MOlexp s ra � _... OA!
.YS
`OarC Beat T Aw 4"\
",•.,.-C' /j� 1 ,,t•�O��'.� , :_ Mimumwxl°v ', ,`'� �—\ 1 \ i',L onwa u'xt.ws wu
_,�oW�" aTxY P Ila^O4 1 �t
r`.✓ r' �i.' T.',_�� �.°°d`nu10lsaot°m ` ``.' :. `1. ` � S �.�7'E�s'd��ri�--s�
`y ar.oi.r req
nar\-'.,' / •�0 'TC�..�� ` \! � L ♦ i1. � �•_ L t �r/rirr �� �uaac.e u�ew.c uoi
1y ``
'.
� . �,rwr+aoe�ut
COMPOUND SITE PLAN
eue r.m OiMxC77Il ,�,\-._ -- a/•19� 'c+v .
f rr�%er uay.m
OVERALL WE PLAN
GR&F=9013
(a a TOWER ELEVATION
SURDLILE OF MMSIOW c tAov!c ea:.
OitAwa6�aPIC iTnRV WIOCIV
F Ia R4vtwv.%.�ou�i
a SITE PLAN & TOWER ELEVATION _„ e•°w+r,,,,.
a m� Maw'�'•r:.�+m v."x-.w�� d% ax eua+near aa#ewo •••"
SPANGLERS HILL ROAD ti--2
Rot 6,
t tVlap rpA Wa.Wl Lil wol0 a/n.A
0 rMa RHO aIPOm1 Aw S! w�.h.N�wx.u.Ww•�n.a��t�•-w� MCM�wYwaASM#
±.W�tl Aik:Yfe,¢�_ M�HwaM wD .oaev+w,
- P1Telaeex OngA 6taap
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing Complaint upon
Defendant by depositing same in the United States Mail, first class, postage pre-paid on the
day of August, 2013, from New Cumberland,Pennsylvania, addressed as follows:
Kurt A. Blake, Esquire
Blake&Gross, LLC
29 E. Philadelphia Street
York, PA 17401
Attorney for Defendant
ROBERT P. KLINE,ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland,PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
1425 Spanglers Mill, LLC,
Plaintiffs
VS. 13-4626
Colonial Landscape Development, LLC, Psi
d/b/a Just Lawn Cutters,
rvi Cu co
Defendantsfi;:A
r.
G
Notice to Plead v
C) .
O: Robert P. Kline, Esquire .... _
714 Bridge Street
PO Box 461
New Cumberland, PA 17070
You are hereby notified to file a written response to the enclosed Answer with New
Matter of Defendants, Colonial Landscape Develo e , LLC d/b/a Just Lawn Cutters,
within twenty (20) days from service hereof or a j gm nt may be entered against you:
5`'day of September, 2013 By:
Kurt A. Blake,Esquire .
I.D.No. 68791
Blake & Gross,LL:
29 East Philadelphia Street
York, PA 17401
kb1ake4 @comcast.net
T: 717.848.3078
F: 717.848.2777
BLAKE er GROSS,L.L.C.
ATTORNEYS AND
COUNSELLORS AT LAW
29 EAST PHILADELPHIA STREET
YORK,PA 17401
717.848.3078
FAx717 848.2777
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
1425 Spanglers Mill,LLC,
Plaintiffs
VS. 13-4626
Colonial Landscape Development,I.LC,
d/b/a Just Lawn Cutters,
Defendants
ANSWER TO COMPLAINT WITH NEW MATTER
AND NOW, this the 5' day of September, 2013, comes the Defendants,
olonial Landscape Development,d/b/a Just Lawn Cutters,by and through their
ttorney, Kurt A. Blake, Esquire of Blake & Gross, LLC, and in response to the
Plaintiffs Complaint, avers as follows:
ANSWER TO COMPLAINT
1. Admitted.
2. Admitted.'
3. The averments of Paragraph 3 of Plaintiff's Complain#_are
conclusions of law,to which no response is necessary. To the extent
that an answer is deemed necessary, such is specifically denied.
4. The averments of Paragraph 4 of Plaintiff's Complaint are
Brag er GROss,L.LC.
ATmRtvEnAwD conclusions of law,to which no response is necessary. To the extent
COUNSELLORS AT LAw
29 EAST PHILADELPHIA STREET
YORK PA 17401 that an answer is deemed necessary, such is specifically denied.
717848.3078
FAX 717848.2777
r
5. The averments of Paragraph 5 of Plaintiff's Complaint are
conclusions of law,to which no response is necessary. To the extent
that an answer is deemed necessary, such is specifically denied.
6. The averments of Paragraph 6 of Plaintiff's Complaint are
conclusions of law,to which no response is necessary. To the extent
that an answer is deemed necessary, such is specifically denied.
' 7. The averrnents of Paragraph of Plai_.tiff"s Corplaint are-
conclusions of law,to which no response is necessary. To the extent
that an answer is deemed necessary,such is specifically denied. By
way of further answer, the Landlord has locked the Defendant out
of the premises and the premises have been re-rented.
8. The averments of Paragraph 8 of Plaintiff's Complaint are
conclusions of law,to which no response is necessary. To the extent
that an answer is deemed necessary, such is specifically denied.
WHEREFORE, the Defendants respectfully requests that this Honorable Court
enter judgment in favor of Defendants and against Plaintiffs.
NEW MATTER
9. Paragraphs 1 -8 hereinabove are incorporated herein by reference
thereto, as if set forth at length herein..
BLAKE er GROSS,L.L.C.
'ArroRNEYS AND
COUNSELLORS AT LAW
29 EAST PHILADELPHIA STREET
YORK PA 17401
717848.3078
FAx 717.848.2777
10. The Plaintiffs have failed to state a cause of action.
11. The Plaintiff has changed the locks to the property.
12. The Plaintiff has re-rented the property.
13. The Plaintiff has exercised distraint of personal property of the
Defendant.
14. The Defendant has been excluded from the property by the change
of locks, posting of no trespass, and re-renting the property to the
exclusion of the Defendant.
15. The Defendant had not abandoned the property and was effectively
locked out by the Plaintiff.
16. Although the Defendant is not privy to the actual rents of all
tenants, it is believed that Plaintiff should be or could be receiving
rents in excess of amounts alleged due and owing by Defendant.
17. The Plakitiff's actions of taking possession of the property to-the.
exclusion of the Defendant is an estoppel of the future rent claims.
18. The Defendant is entitled to an offset of any rents found to be due
and owing,.for the value of the Defendant's property which the ,
BLARE cr GROA L.L.0 Plaintiff has distrained and kept.
ATmRNEY5 AND
COUNSELLORS AT LAW
29 EAST PH24DELPHL4 STREET
YORK,PA 17401
717.848.3078
FAX 717 848.2777
WHEREFORE, the Defendants respectfully requests that this Honorable Court
nter judgment in favor of Defendants and against Pla'ntiffs.
R P CTFULLY SUBMITTED:
eptember 5h, 2013 By:
u A. Blake,Esquire
I. 0. 68791
Bl e& Gross,LLC
29 fast Philadelphia Street
Yo k, PA 17401
kblake4 @comcast.net
T: 717.848.3078
F: 717.848.2777
BLAKE er GROSS,L.L.C.
ATTORNEYS AND
ComsELLORS AT LAw
29 EAST PHILADELPHL4 STREET
YORK,PA 17401
717.848.3078
FAx 717.848.2777
. : I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
ENNSYLVANIA
1425 Spanglers Mill,LLC,
Plaintiffs
VS. 13-4626
Colonial Landscape Development,LLC,
d/b/a Just Lawn Cutters,
Defendants
CERTIFICATE OF SERVICE
I,the undersigned do hereby certify that I have served a true and correct copy of
he foregoing upon the following person by United States Mails, First Class,Postage
re-paid and addressed as follows:
Robert P. Kline, squire
714 Bridge e t
PO Box 1
New Cumberl A 17070
September 5th, 2013 By:
Kurt A. Blake,Esquire
I.D.No. 68791
Blake& Gross, LLC
29 East Philadelphia Street
York,PA 17401
kblake4 @comcast.net
T: 717.848.3078
F: 717.848.2777
BLAKE CJ GROSS,L.L.C.
ATTORNEYS AND
COUNSELLORS AT LAw
29 EAST PHILADELPHIA STREET
YORK,PA 17401
717.848.3078
FAX 717 848.2777.
1425 SPANGLERS MILL, LLC, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
r. <
COLONIAL LANDSCAPE NO. 13-4626 CIVIL T=M f
DEVELOPMENT, LLC, d/b/a JUST 7,0 ' fir-=
LAWN CUTTERS,
DEFENDANT -n
C=
ANSWER TO NEW MATTERS
--<
AND NOW, comes the Plaintiff, 1425 Spanglers Mill, LLC, by and through its attorney,
Robert P. Kline, Esquire, and answers the new matter of Defendant as follows:
9. No response required.
10. The allegation of this paragraph is a legal conclusion to which no responsive
pleading is required. To the extent a response is required, the allegation is denied and proof
demanded.
11. Denied. On the contrary, the locks on the gate remain the same locks that have
been on the gate during the entire time of Defendant's tenancy.
12. Denied. Other than the rental of the portion of Defendant's premises as set forth
in Plaintiff's Complaint and for which Defendant has already received credit against rent due,
Plaintiff has not entered into any other lease agreement as of this date.
13. Denied. To the contrary, as of this date, Defendant has unlimited access to the
personal property that remains upon the leased premises.
14. Denied. The response to Paragraph 11 and Paragraph 12 are incorporated herein.
Furthermore, the no trespassing signs on the premises are the same signs that have existed during
the entire term of Defendant's tenancy.
15. Denied. The response to Paragraphs 11, 13, and 14 are incorporated herein.
16. Denied. By way of further answer, the response to Paragraph 12 is incorporated
herein.
17. The allegation of this paragraph is a legal conclusion to which no responsive
pleading is required. To the extent a response is required, the allegation is denied and proof is
demanded. By way of further answer, the response to Paragraphs 11, 13, and 14 are incorporated
herein.
18. The allegation of this paragraph is a legal conclusion to which no responsive
pleading is required. To the extent a response is required, the allegation is denied and proof is
demanded. By way of further answer, the response to Paragraphs 11, 12, and 14 are incorporated
herein.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment
in its favor and against Defendant as set forth in the Complaint filed of record in this matter.
Respectfully submitted,
st52X 2W3
DATE ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
VERIFICATION
i
i
We, Thomas A. Chelednik, Jr.,Member, and Douglas P. Pugh, Member,verify that the
statements made in the foregoing Answer to New Matter are true and correct. We understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities. We further verify that as the sole members of 1425
Spanglers Mill,LLC, we have authority to execute this Verification on behalf of the company.
01 lb A
Date THOMAS A. CHELEONtr,JR.
Date DOUGLAS P. P
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing Answer to New Matter
upon Defendant by depositing same in the United States Mail, first class, postage pre-paid on the
'�Tlj—day of September, 2013, from New Cumberland, Pennsylvania, addressed as follows:
Kurt A. Blake, Esquire
Blake & Gross, LLC
29 E. Philadelphia Street
York, PA 17401
Attorney for Defendant
ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
614"
i t.t' ) a I L.L.
,c PROTHONO iAi,
PRAECIPE FOR LISTING CASE FOR NON JURY TRIAL
13 OCT $ P .
(Must be typewritten and submitted in triplicate) tr, M D COUNTY
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
PENNS YLVANIA
Please list the following case for a TRIAL WITHOUT A JURY.
CAPTION OF CASE
lentire caption must be stated in full.) (check one)
❑ Civil Action—Law
17 Appeal from arbitration
n
1425 Spanglers Mill, LLC (other)
(Plaintiff) No. 134626 Civil Term
vs.
Colonial Landscape Development, LLC
d/b/a Just Lawn Cutters
(Defendant)
vs.
Indicate the attorney who will try case for the party who files this praecipe:
Robert P. Kline, Esquire
Indicate trial counsel for other parties if known:
Kurt A. Blake, Esquire
Blake & Gross
28 E. Philadelphia Street
York, PA 17401
This case is ready for trial. Signed: „6ar Print Name: Robert P. Kline, Esquire
Date: 1 , 0 CT 2 0 )3 Attorney for: Plaintiff
aut. )49. 7s/VA
C # w9s
pp. et-7081
1425 SPANGLERS MILL, LLC IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION—LAW
NO. 13-4626 CIVIL
COLONIAL LANDSCAPE
DEVELOPMENT, LLC, d/b/a
JUST LAWN CUTTERS,
Defendant
IN RE: NONJURY TRIAL
ORDER
AND NOW, this 1 day of November, 2013, a pretrial conference in the
above-captioned matter is set for Tuesday,November 19, 2013, at 10:00 a.m. in Chambers of the
undersigned.
BY THE COURT,
Kevin . Hess, P. J.
-` q
Robert P. Kline, Esquire
714 Bridge Street
P. O. Box 461
New Cumberland,`PA 17070
For the Plaintiff
.-, Kurt A. Blake, Esquire
Blake & Gross
28 E. Philadelphia Street -�
York, PA 17401 'rn C3 rT!F:
For the Defendant ;
�-- 4 C-)
Am "� s„ o-r;
� 1
1425 SPANGLERS MILL, LLC : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION-LAW
: NO. 13-4626 CIVIL '
COLONIAL LANDSCAPE : ..-;
DEVELOPMENT •LLC, d/b/a : r''zrrt a' -,.
JUST LAWN CUTTERS, • in
ra
Defendant c�
IN RE: PRETRIAL CONFERENCE
Present at pretrial conference held November 19, 2013, were Robert P. Kline, Esquire
attorney for the plaintiff, and Seamus Dubbs, Esquire, on behalf of Kurt A. Blake, Esquire,
attorney for the defendant.
The parties are landlord and tenant in regard to a commercial lease agreement. The
plaintiff alleges that the defendant has failed to pay rent and is therefore liable for unpaid rent,
late fees, and attorney's fees. The defendant, while acknowledging that money is owed, asserts
that he is entitled to credit for certain portions of the premises which have been rented out by the
plaintiff to other parties. The plaintiff appears willing to give the defendant these credits and this
matter appears ripe for settlement. A nonjury trial is set by order of even date herewith.
ORDER
AND NOW, this 2 0` day of November, 2013, trial without a jury is set for Friday,
January 10, 2014, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse,
Carlisle, PA.
BY THE COURT,
/ 41---
Kevin ;. Hess, P. J.
✓ Robert P. Kline, Esquire
714 Bridge Street
P. 0. Box 461
New Cumberland,PA 17070
For the Plaintiff
./ Kurt A. Blake, Esquire
Seamus Dubbs,Esquire
Blake &Gross
28 E. Philadelphia Street
York, PA 17401
For the Defendant.
:rim
CCTI.CS r1�t tEL
iiiaop.?
x/)
1425 SPANGLERS MILL, LLC, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
COLONIAL LANDSCAPE NO. 13-4626 CIVIL TERM
DEVELOPMENT, LLC, d/b/a JUST
LAWN CUTTERS,
DEFENDANT
NOTICE
To: Colonial Landscape Development, LLC
d/b/a Just Lawn Cutters, Defendant
You are hereby notified that on the `�' day of r�
2014,judgment was entered against you in the above-captioned case in the amount of
$31,665.00.
Date: I/d
Prothonotary
I hereby certify that the name and address of the persons to receive this notice are:
Colonial Landscape Development, LLC
d/b/a Just Lawn Cutters
P.O. Box 21643
York,PA 17402-0189
Kurt A. Blake,Esquire
Blake& Gross
28 E. Philadelphia Street
York,PA 17401
1'
Robert P. Kline, Esquire
1425 SPANGLERS MILL, LLC, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY,PENNSYLVANIA
VS.
COLONIAL LANDSCAPE NO. 13-4626 CIVIL TER4 N
DEVELOPMENT, LLC, d/b/a JUST 3
LAWN CUTTERS, rn
DEFENDANT N
-<:I, jr C)
rz y°
PRAECIPE FOR ENTRY OF STIPULATED JUDGMENT
TO THE PROTHONOTARY: c _£
Please enter judgment in favor of Plaintiff, 1425 Spanglers Mill, LLC, and against
Defendant, Colonial Landscape Development, LLC, d/b/a Just Lawn Cutters, in the amount of
$31,665.00 pursuant to the attached Stipulation of the parties.
Respectfully submitted,
DATE ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
1425 SPANGLERS MILL, LLC, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
COLONIAL LANDSCAPE NO. 13-4626 CIVIL TERM
DEVELOPMENT, LLC, d/b/a JUST
LAWN CUTTERS,
DEFENDANT
STIPULATION FOR ENTRY OF JUDGMENT
AND NOW, come the undersigned parties, Plaintiff 1425 Spanglers Mill, LLC, by its
members, Thomas A. Chelednik, Jr. and Douglas P. Pugh, and Defendant Colonial Landscape
Development, LLC d/b/a Just Lawn Cutters, by is managing member, Mike Feliciano, in support
of the following Stipulation For Entry of Judgment, state as follows:
WHEREAS,the parties entered into a Lease Agreement for certain real property located
in Lower Allen Township, Cumberland County, Pennsylvania, on March 26, 2011, with Plaintiff
as Landlord and Defendant as Tenant;
WHEREAS, Defendant is in default under said Lease for failure to pay rent;
WHEREAS,the Plaintiff is entitled to forfeiture of the security deposit;
WHEREAS,the above-captioned matter was instituted by Plaintiff for the purpose of
collecting past due rent; and
WHEREAS,the parties desire to enter into a Stipulated Judgment for past due rent in
order to resolve the above-captioned litigation.
NOW, THEREFORE, intending to be legally bound,the parties hereby agree as follows:
1. Upon praecipe of the Plaintiff,judgment shall be entered in favor of Plaintiff and
against Defendant in the sum of$31,665.00.
2. The security deposit in the amount of$3,000.00 is hereby immediately forfeited
by Defendant in favor of Plaintiff. Said security deposit shall not be a credit against the above-
stated judgment, nor shall it be a credit toward the below-stated proposed payment in
satisfaction.
3. In the event that Defendant shall pay to Plaintiff the sum of$12,500.00 on or
before February 7, 2014, Plaintiff shall accept said payment in full satisfaction of all monies due
and owing from Defendant to Plaintiff and shall, at that time,mark the judgment entered
pursuant to Paragraph No. 1 above as satisfied of record.
4. This Stipulation may be executed in multiple counterparts and shall become
effective once executed by all of the undersigned and their counsel.
1425 SPANGLERS MILL, LLC., Plaintiff
By:
Robert P. Kline,Esquire Thomas A. Cheledn' , Member
Counsel for Plaintiff
By.
Douglas P. Pu
COLONIAL LANDSCAPE DEVELOPMENT,
LLC d/b/a JUST LAWN CUTTERS,Defendant
By:
Kurt A. Blake, Esquire Mike Feliciano, Managing Member
Counsel for Defendant
1425 SPANGLERS MILL, LLC, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY,PENNSYLVANIA
VS.
COLONIAL LANDSCAPE : NO. 13-4626 CIVIL TERM
DEVELOPMENT, LLC, d/b/a JUST
LAWN CUTTERS,
DEFENDANT
STIPULATION FOR ENTRY OF JUDGMENT
AND NOW, come the undersigned parties,Plaintiff 1425 Spanglers Mill,LLC,by its
members, Thomas A. Chelednik,Jr. and Douglas P. Pugh, and Defendant Colonial Landscape
Development, LLC d/b/a Just Lawn Cutters, by is managing member, Mike Feliciano, in support
of the following Stipulation For Entry of Judgment, state as follows:
WHEREAS, the parties entered into a Lease Agreement for certain real property located
in Lower Allen Township, Cumberland County, Pennsylvania, on March 26, 2011,with Plaintiff
as Landlord and Defendant as Tenant;
WHEREAS,Defendant is in default under said Lease for failure to pay rent;
WHEREAS, the Plaintiff is entitled to forfeiture of the security deposit;
WHEREAS, the above-captioned matter was instituted by Plaintiff for the purpose of
collecting past due rent; and
WHEREAS, the parties desire to enter into a Stipulated Judgment for past due rent in
order to resolve the above-captioned litigation.
NOW, THEREFORE, intending to be legally bound, the parties hereby agree as follows:
1. Upon praecipe of the Plaintiff,judgment shall be entered in favor of Plaintiff and
against Defendant in the sum of$31,665.00.
2. The security deposit in the amount of$3,000.00 is hereby immediately forfeited
by Defendant in favor of Plaintiff. Said security deposit shall not be a credit against the above-
stated judgment,nor shall it be a credit toward the below-stated proposed payment in
satisfaction.
3. In the event that Defendant shall pay to Plaintiff the sum of$12,500.00 on or
before February 7,2014, Plaintiff shall accept said payment in full satisfaction of all monies due
and owing from Defendant to Plaintiff and shall, at that time,mark the judgment entered
pursuant to Paragraph No. 1 above as satisfied of record.
4. This Stipulation may be executed in multiple counterparts and shall become
effective once executed by all of the undersigned and their counsel.
1425 SPANGLERS MILL, LLC., Plaintiff
By:
Robert P. Kline,Esquire Thomas A. Chelednik, Member
Counsel for Plaintiff
By:
Douglas P. Pugh,Member
COLONIAL LANDSCAPE DEVELOPMENT,
LLC d/b/a JUST LAWN CUTTERS,Defendant
Kurt A. Blake VWre Mike Feliciano,Managing Member
Counsel for efendant
1425 SPANGLERS MILL, LLC, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY,PENNSYLVANIA
•
VS.
•
c a
COLONIAL LANDSCAPE : NO. 13-4626 CIVIL T a® s
DEVELOPMENT LLC, d/b/a JUST : ' m r r=
LAWN CUTTERS, : cn r — 7.7 v
DEFENDANT : r
>c, c'-'�
C
PRAECIPE TO MARK JUDGMENT SATISFIED --a r.)
cp
TO THE PROTHONOTARY:
Please mark the judgment in the above-captioned matter satisfied of record in accordance
with the Plaintiff's acknowledgement of satisfaction below.
.:- fully submitted,
z�, )
Date ROBERT P. KLINE, ESQUIRE r p ,0d
714 Bridge Street `'r ('��
Post Office Box 461 e7ik 6`S
New Cumberland, PA 17070-0461
(717) 770-2540 3°�S
Attorney for Plaintiff
1425 Spanglers Mill, LLC, the above-named Plaintiff, does hereby acknowledge that it
has received payment upon the judgment entered against Defendant in the above matter and does
hereby authorize the Prothonotary to enter satisfaction upon the record.
1425 SPANGLERS MILL, LLC
Rt.?'
By:
Date Thomas A. Cheled VL4Z,_..--
., Member
By:
Date Douglas P. Pugh, Me 10