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05-2215
COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL April a?. ,S_ 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 bek>w. NAME OF APPELLANT MMI DIST. OR -RA D.). M+C QfI N? V- I Uc.© C,ot1 Q V-1LaI"rTL 1- r k l oci-1-01- C %eW'-f-V%+- ADDRESS OF APPELLANT CRY STATE ZP CODE 400 N ?r nt S"hae"r Wo?m?e S? t'14 I DATE OF JUDGMENT MV THE CASE Prarnrin, rau L a'010 ? // (A 0,1 T' Dec' VS CCl4?? J??UC? le-vh sc 1 Cv'%,?o }?C CLAIM NO SIGNATURE OF FMS ATTORNEY OR AGENT CV 20 W010 114.. LT 20 This block will be signed ONLY when this notation is required under Pa. RC.PJ.P. If appellant was CLAIMANT (s Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before Distric Justice, he MUST SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twe ty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. RGP.J.P. No. 1001(7) in action befo District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon M Rot K T • 'Q e cL appellee(s), to file a c plaint in this appeal Name or appellees) (Common Pleas Na Q05', :291 C'v?( ) within twenty (20) days after er ce of ru" suffer entry of j figment of non pros RULE: To Mlkr K T7D2t I , appellee(s). Name of appeIAWs) signature of (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days 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 Date: Ap 20-45:, or his attorney or agent the date of of ProNwrwtary or AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY COMMONWEALTH OF PENNSYLVANIA ('MINTY OF. CUMBERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 NOTICE OF JUDGMENT/1 CIVIL CASE PLAINTIFF: NAME and AI rDEAL, MARS T 515 POPLAR AVE NEW CUMBERLAND, PA 1707 L VS. DEFENDANT: NAME and AI FNICHAEL SERLUCO/CONSOLI 400 NORTH FRONT ST WORMLEYSBURG, PA 17043 MICHAEL SERLUCO/CONSOLIDATED PROP L 400 NORTH FRONT ST Docket No.: CV-0000140-05 NORMLEYSBURG, PA 17043 Date Filed: 3/01/05 THIS IS TO NOTIFY YOU THAT: ® Judgment: Judgment was entered for: (Name) Fil Judgment was entered against: (Name) gn on: in the amount of $ 1, 77a (Date of Judgment), 419n -9 - Defendants are jointly and severally liable. (Date & Time) es will be assessed on: Dama Amount of Judgment 1,690.00 g Judgment Costs 88.50 Interest on Judgment .00 F] This case dismissed without prejudice. Attorney Fees .00 Total 1,778.50 Amount of Judgment Subject to § 8127 $ chment/42 Pa S Att C Post Judgment Credits . . . a Post Judgment Costs Portion of Judgment for physical damages arising out of residential lease $ Certified Judgment Total ----------- ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE: OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, F THE JUDGEMENT 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 BYTIdE,MAGiSTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERe6iED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF E JUDGMENT DEBTOR AYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. k APR 2 0 2005 Date - , Magisterial District J dge 17 I certify that this is a true and correct copy of the record of the proceedings cornajning'tl•ie judgmen . Date Magisterial District J dge My commission expires first Monday of January, 2008 . SEAL SCRIPT 7 J PROP -1 J AOPC315-05 DATE PRINTED: 4/21/05 8:49:04 AM J COMMONWEALTH OF PENNSYLVANIA !x/11 Mi-r\/ ^r-. 1v'1 IMBIRR AND VV V1Y 1 1 VI Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CL.ZMENT, JR Address: 400. , BRIDGE ST OLDS TOMTS CONNONS SUITE 3 NEW ;CUMBERLAND, PA Telephone,(717) 774-.5989 17070 CONSOLIDATED PROPERTIES/III SERLUCO 400 NORTH FRONT ST ATTN: SCOTT STAIGER NORMLEY'SBURG, PA 17043 NOTICE OF JUDGMENT/T r ANSCRIPT - E; r0SASE EPLAINTIFF/JUDGM NaMEandADDRESS FCONSOLIDATED PROPERTIES m m SERLUCO 400 NORTH FRONT ST ATTN: SCOTT.STAIGER„ LNORMLEYSBURG, PA 17043 J VS. DEFENDANTMODGMENT Gi la q%oAESs I-DEAL. 'XARF/PAUL, ET AL . 515 POPLAR, AVB, NE CUMB1[RliMb., PA 1707 L J Docket No.: CV-0000140-05 Date Filed: 3/15/05 CROSS COMPLAINT 001 THIS IS TO.NOTIFY,YOU THAT: DEAL, NARK/PAUL - Judgment: Judgment was entered for: (Name) _ ? Judgment was entered against: (Name)_ in the amount of $ ? Defendants are jointly and severally liable. ? Damages will be assessed on: ® This case dismissed without prejudice. Amount of Judgment Subject to ? Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date & Time) Amount of Judgment Judgment Costs $ $ • ?? . 00 Interest on Judgment $ .00 Attorney Fees $ .0-0 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTI, OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PR COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED By THE MAGISTERII W. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDG A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DESTO SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. i r`. APR 2 0 2005 Date Magisterial District IF THE CESS MUST . DISTRICT JUDGE. ENT MAY FILE PAYS IN FULL, I certify that this is a true and correct copy of the record of the proceedings contatning.the judgme t. Date , Magisterial District udge My commission expires first Monday of January, 2008 . DEF 001 on: (Date of Judgment) SEAL AOPC 315-05 DATE PRINTED: 4/21/05 5:50:07 AN PROOF OF SERVICE OF NOTICE OF APPEAL, AND RULE TO FILE CCOr PI-AIN't` usP WxOn e MUS7 'f3 '. ED VO+• NTEV"OM bA 3AFTT1? 6Yiny Men Ws '.f, wra Ch .r a COMMON WFALTH OF PENNSYLVAMA GC:lUN7Y t'?t r '? 1 AFFIDAVM i l,ereb,r swear of affirm that I served t at Name t Appeal cuumon :: N O`J "?a-1 .tJ CtVt ?> ..t iht ` t t ?„ se ma, e" t .dE«. lx? pf 2. t 1S P:: wd NU we any, i• z+ uCK'[ ?'izS t?Ov ?+ G?YE? c?,/ S l ? joS ... ` ne c s.,n ! < ? cr' r?V r ?fi6edt 9w ' rt.7 ? t t .d z i?' : + ? . •? h i irtt e, that S n Fwd,he.Pule W FI+ z >won 11 3 _rnp-t 1? d the aL. a •v t t. of it vr< q tr z r.'h n he ??1r vl, t4d E tau -S lO? r S y G?i s,. x,t ,tta?'Dl? ?? f#h S ts•-t .i n serdez's t ct"ipt a a hed Ite'ez:, Sv%iORN AFT iR N AND iF SCr,PH D 6r r OR o,41 OF ' v_?. _ ._...._... ._.. ._._. ., 1,. .. .... r -. ign iit 1 'zit +! `v '.i t U v was rr?'a + tfrt?ra' NOTARIAL SEAL DIANNE LENIG, Notary Public NAY coma show expow l;F< _..,...Lem4Y!!?4i9?0?-?.umbadaadlS9..._ My Commission Expires Dec. 21, 2005 c o V r .y %)n7 c r +7 o COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Nm NOTICE OF APPEAL <tt Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPBA NT y? t ?'s MAG pST. Na OR NAME OF Da. L. C7 <°. a t1 raO 1..Y'. t, $:'? S,} rr-1? , lLAW vF YOTY TATS COONE DATE OF T N T?f C Plvnelrl lLbrentle'Kl i _ vi NIO SIGNATURE OF AP HIS ATTORNEY OR..NT CV 20 22W- 1 `40 LT 20 This block will be signed ONLY when this notation is required under Pa R.CPJP. No/ If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008& This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.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 ("?? A4t ( I°°^. ,i , appellee(s), to file a complaint in this appeal Nave or iappeIAWS) (Common Pleas Na ? -) •-. e `' ?L' "''' ) within twenty (20) days after. sere ce of rulew suffer entry of judgment of non pros. } .-? Sv eture or appellee( a ms attorney a agent RULE: To 1'1 a:,r K t7pr i appeAee(s). Name. appellees) (1) You are ratified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dale 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. A Date. 20-a?, Signature of PaottRandery or UePIM AOPC 312-90 COURT FILE fi[? wI f7W SaN o T? TO _TZ O? O W- W N --N O.TI S1 ° S3'3 r O A' i? N O D ?- OSQ N f-NNNJJ rOQNr I-mmN OQ O .T3 - JC Y? tQ d ? N .-. H w ') .+ r+ (n N ? N .i O ? C UI m -- .. -. N r1 .. 6 .+ C I cn V .+ C W aT .+ C C --O \ '-I? `G m --'1 O W N ?7 O C e) --'S 0 3 II .+ N 'J N ON L -N p ?- d L3 ?N T ? O m -1Q- AO 0 yA7 DN LJ (Am DN !nN ZlN Sl O (n S S N A O N Q N N D) Q 0 N? 4) Q m N r O d N O Z O ?J ? O ? ? O D COC F O -r. O N ?- D N ? r w ? O I 3 m C O 10 w W N S .+ N Y N 4 _ D .. w fe W W S1 C> N CCU ?+ N .. O N .. ? b N .. C--• OA?+f C .w N J - C O ? L C) C ?3 .? N m O W V D 3 O ti. 7 0 W N "1 I m ? N "S J N V O Z W H O d? OI J N N J m J N O N VO3T5 Q) l O II O N W V O m ? O m V A VSO- 3J ? W N K O J r K O J G O O O N OIJN r O C Q3 H r d N H r N H .O+ O I ?? m Cp 100~1m Z C.60 N O Q O Q O L' i 0.+"6 ?? 'NG O C Z N O O O -? N< 3 O O O Q O Q W I D J O n N u N n N O 7 m N O f9 N3 II I? ?! U -. p. N N Hi N .-' ih W fQ di fA to II W t9Yi W f9 1I W fA (N (A L ?t l a O QlO W au VNr O aIVNr O au?lN N O Z-? W O V O N A ?i a WJ (J a II O) tJ J (J a ?I Ui (J.I (.J O N r+ `G m a0 Ol N OOUI N N II x0(31 J N I JOUI J m- r 3 00 m 0 (.Olt ______________F• ___..._..__........_. .. _ _ g O d U O `"1 'WJxoBOd10 ,µ N Q ,a3-0 u1 ` ---------------- 'P?J??.... _._.__...__.....:"?!?C? v? ?J O m " V C C3 y v' y O p K u ------------- w 7 o 466 »» SU Z4'§4 $ °e" s.awWd MO.L Q' ??1:? W i In w W <n o o v3 y A m p! J> 00' Uf (PwInbeH pwwouopu3) ?I .,' o Q a o .? a s m w .? a "d k"le4 PwAv etl z O i a r.> m m ° .W.. o z N v°i eH p SL'TS ":I wopeH wwmea oimm m Ivan cngN_ i 'Q,9_4 n ?r LUO 0£'Zi "A p"m o' N ° n .v ?°o a? 1 S fft=d 4< J c< BIT ?C H! I Qp l i m o y, iI < Oar o d N ?N r+ ?f9? ?T • . (33 y N O W WOW ? 7 ?- V a r m 00 tD <DO O d u e .e (3- 000 N- p • r Ln I ; M n c ? N ti M M N N N EH LL IT '%I . CY am=ma _? LL E? s? ?! gg LL o ¢0 3 ul ? ° r h99L BSL2 9000 OTTE EOOL a 2 °? Oh9L 95L2 9000yOTTE EOO? MARK T. DEAL and IN THE COURT of COMMON PLEAS PAUL S. DEAL, CUMBERLAND COUNTY Plaintiffs PENNSYLVANIA V. No. 2005-2215 MICHAEL SERLUCO d/b/a, CONSOLIDATED PROPERTIES, CIVIL ACTION - LAW Defendant DISTRICT JUSTICE APPEAL 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 is served, by entering a written appearance personally or by attorney and by 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 the 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. Court Administrator 4'h Floor Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 NOTICIA Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dial de plazo al partir de la feche de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona. Sea avisado que si usted no se defiende, la Corte tomara medias y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier quaja o alivio que es perdido en la peticion de demands. Usted puede perder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABADAGO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EO DINERO SUMCIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4t° Floor Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 IN THE COURT of COMMON PLEAS of CUMMBERLAND COUNTY MARK T. DEAL and PAUL S. DEAL, Plaintiffs V. MICHAEL SERLUCO d/b/a CONSOLIDATED PROPERTIES, Defendant Complaint No. 2005 - 2215 CIVIL ACTION - LAW DISTRICT JUSTICE APPEAL AND NOW this 1 s'day of June, 2005 come Plaintiffs above named, MARK T. DEAL and PAUL S. DEAL, by and through their attorney, John M. Glace, Esquire, and present this Complaint and, in support thereof, aver the following: 1. Plaintiff MARK T. DEAL is an adult, unmarried individual who now resides at 515 Poplar Avenue, new Cumberland ( Cumberland County), Pennsylvania, 17070. 2. Plaintiff PAUL S. DEAL is an adult, unmarried individual who now resides at 880 Fickes Road, Dillsburg (York County), Pennsylvania, 17019. 3. Defendant MICHAEL SERLUCO is an adult individual who for all times relevant to this Complaint has done business as CONSOLIDATED PROPERTIES, said enterprise's primary office at 400 North Front Street, Wormleysburg (Cumberland County), Pennsylvania, 17043. 4. Plaintiffs were co-lessees of a single antebellum residence owned and controlled by Defendant and located at 3521 Hartsdale Drive, Camp Hill (Cumberland County), Pennsylvania, 17011.Said lease was residential. 5. Premised on the deteriorating condition of the above leased premises and fear of their personal and guests' safety, Plaintiffs notified Defendant on or about December 1, 2004 of an early termination of their lease and paid a $1,700.00 penalty. 6. Plaintiffs vacated premises on or before January 31, 2005. 7. Defendant's agent and plaintiffs participated in a "walk-through" final inspection of the leased premises prior to Plaintiffs final vacation of the leased residence. 8. Notwithstanding Plaintiffs' notice of vacation of the premises, tender of early termination penalty and acceptance of that tender by Defendant, pre-vacation of premises "walk-through" inspection, Defendant failed to timely provide an itemized list of alleged 9. Plaintiffs made timely demand for the return of the $850.00 security deposit. 10. Defendant has refused to reimburse or credit Plaintiffs for expenditures to repair and maintain the leased residence's furnace of $229.95. 11. Plaintiffs have suffered loss of wages as a direct result of Defendant's above described improper and/or unlawful acts and/or omissions of $800.00 in the aggregate. COUNTI VIOLATION of LANDLORD TENANT ACT 12. Paragraphs one (1) through eleven (11) are incorporated herein and made part hereof as if set forth in full. 13. Defendant failed to present to Plaintiffs within thirty (30) days of the Plaintiff's payment of an early termination of lease penalty and the January, 31, 2005 surrender of the leased premises. 14. Such failure to present such written itemized list of damages and tender of any difference between those damages and the escrowed deposit of $850.00 is violative of 68 P.S. 11250.512 (Landlord Tenant Act, as amended 2004) and as such is liable in assumpsit's for double the amount unlawfully and improperly retained. WHEREFORE, Plaintiffs above named demand Judgment against Defendant for $1,700.00, said amount statutorily mandated, plus interest and costs of suit. COUNT II BREACH of IMPLIED WARRANTY Of HABITABILITY 15. Paragraphs one (1) through fourteen (14) are incorporated herein and made part hereof as if set forth in full. 16. Defendant failed to maintain and failed to provide reasonable maintenance and upkeep to the above described leased residence; said acts and/or omissions constitute a breach of the implied warranty of habitability inherent in all landlord/residential tenant transactions. 17. As a direct and sole result of the above described acts and/or omissions, Plaintiffs incurred damages: A. payment of a November 23, 2004 repair cost only of $229.95 to Secco Home Services to fix a non-operative furnace after numerous complaints to Defendant had garnered no restoration of heat in the winter B. Payment of a early termination of lease penalty of $1,700.00 to vacate from the inhabitable leased residential premises. C. Loss of wages by the plaintiffs in the aggregate of $800.00 in order to correct recurring physical plant problems of the above described leased residence. 18. The incurrence of such damages was caused solely and directly by Defendant's breach of implied warranty of habitability of the leased residential premises. WHEREFORE above named Plaintiffs demand Judgment against Defendant for $2,729.95 plus interest and costs of suit. Respectfully submitted, The Law Office of John M. Glace Esquire 23933 Street 17101 VERIFICATION The Undersigned hereby verifies that the facts averred in the foregoing Complaint are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unswom falsification to authorities. ate Mark T. e VERIFICATION The Undersigned hereby verifies that the facts averred in the foregoing Complaint are true and correct to the best of his knowledge, information, and belief, This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. Dat Paul S. Deall CERTIFICATE OF SERVICE I HEREBY CERTIFY that this 2nd day of June, 2005 I have served a true and correct copy of the foregoing Complaint, by first class mail, postage pre-paid, Return Receipt Requested, upon: Michael Serluco Consolidated Properties 400 North Front Street Wormleysburg, PA 17043 LAW OFFICE of JOHN M. GLACE Jo lace, Esquire 4J17); alnut Street IP A. 17101-1612 238-5515 Identification No. 23933 Counsel for Defendant c ? ?, ,:? -? .? _ mil ___ l- __ 1 tt7 ' CJ ., 'I i`fl -.J :?w David J. Lanza I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 Attorney for Defendant MARK T. DEAL and PAUL S. DEAL, Plaintiffs V. MICHAEL SERLUCO d/b/a CONSOLIDATED PROPERTIES, Defendant PRELIMINARY OBJECTIONS (.DEMURRER NO. 2005-2215 CIVIL ACTION - LAW 1. Plaintiffs fail to state a claim upon which relief can be granted. 2. Plaintiffs seek the return of a "penalty" payment that Plaintiffs admit having made to Defendant as a result of Plaintiffs' early termination of the Lease in question. 3. Any claim seeking the return of this payment would be barred by the doctrine of accord and satisfaction. 4. By virtue of the allegations contained in the Complaint, Plaintiffs' claim for the return of a $1,700 payment fails to state a claim for which relief can be granted. 5. As a matter of law, Plaintiffs' allegations of wrongful conduct, even if true, bear no relation to Plaintiffs' attempt to seek the recovery of a payment that. Plaintiffs made to Defendant when they terminated the Lease. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wherefore, Defendant requests that this Honorable Court enter judgment in favor of Defendant. II. MOTION FOR MORE SPECIFIC PLEADING 6. Plaintiffs fail to attach the writing upon which the Complaint is based. 7. Plaintiffs purport to rely upon a Lease agreement. 8. Plaintiffs have failed to attach a copy of any Lease or any writing to the Complaint. 9. Attachment of a copy of the Lease would reveal terms inconsistent with Plaintiffs' claims. 10. Plaintiffs are required to attach any writing which support their allegation of an agreement pursuant to Pa. R. C. P. 1019(h). Wherefore, Defendant requests that this Honorable Court enter an order striking the aforesaid Complaint. Respectfully submitt d, David J. Lanza ,Attorney I.D. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 ,Attorney for Defendant 124-1 CERTIFICATE OF SERVICE AND NOW, this 2;J day of June, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: John M. Glace 132-134 Walnut Street Harrisburg, PA 17101 By:_ J?-T 14 _ David Lanza 1242 ?? C? ? -n .?• cv' Ctt -? ?? r? '. i-" -'i l ] ?Cil _ ? .-,.. ? IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA MARK T. DEAL and PAUL S. DEAL, Plaintiffs V. MICHAEL SERLUCO d/b/a CONSOLIDATED PROPERTIES, Defendant Praecipe No. 2005-2215 District Justice Appeal CIVIL ACTION - LAW Please strike Count 11 ( Breach of Implied Warranty of Inhabitability) of the above action. Respectfully submitted, Dated: 2 0 The Law Office of John M. Glace C Joh upn je Esquire S re:23933 132-13lnut Street Harrisburg, PA 17101-1612 Counsel for Plaintiffs CERTIFIC'JA(TTE? OF SERVICE I HEREBY CERTIFY that this U(/day of July, 2005 I have served a true and correct copy of the foregoing Praecipe , by first class mail, postage pre-paid, upon: David 1. Lanza, Esquire 2157 Market Street Camp Hill, PA 17011 Counsel for Defendant LAW OFFICES of JOHN M. GLACE Jo lace, Esquire 13 Turg, alnut Street PA. 17101-1612 (717) 238-5515 Identification No. 23933 Counsel for Plaintiffs 1 rte, 4f7 ::7 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ---------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) MU,ti o?ti? (Plaintiff) vs. ? (Defendant) No. "L "L (5- 2 vO 3 Term 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): U e f -j 2. Identify counsel who will argue cases: (a) for plaintiff: jg 13L-\ Giu?, (Name and Addre s) (b) for defendant: (Name and Address) qs7 0" k,k St. PA t ]mil I 3. I will notify all parties in writing within two days that this case has been listed for argument 4. Argument Court Date: Ma_, I'7, zeod Signature D L. Ati Print your name Date: 11 / 1 y/a 6 Attorney for 0 F- .mob- t-- S ;, _, #29 MARK T. DEAL and PAUL S. DEAL V. MICHAEL SERLUCO d/b/a CONSOLIDATED PROPERTIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 2215 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE BAYLEY, GUIDO, JJ. ORDER OF COURT AND NOW, this 22ND day of MAY, 2006, after review of the briefs filed by the parties and having heard argument thereon, Defendant's Preliminary Objections are OVERRULED. Edward E. Guido, J. V M. Glace, Esquire 132-134 Walnut Street Harrisburg, Pa. 17101 Al avid Lanza, Esquire 2157 Market Street Camp Hill, Pa. 17011 :sld -0N 0 es :zti ? a cz David J. Lanza I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 MARK T. DEAL and PAUL S. DEAL, Plaintiffs V. MICHAEL SERLUCO d/b/a CONSOLIDATED PROPERTIES, Defendant NOTICE TO PLEAD TO: John M. Glace 132-134 Walnut Street Harrisburg, PA 17101 CIVIL ACTION - LAW AND NOW, thisl'? day of June, 2006, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. By: Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2215 '0 David J. Lanza .David J. Lanza I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 MARK T. DEAL and PAUL S. DEAL, Plaintiffs V. MICHAEL SERLUCO d/b/a CONSOLIDATED PROPERTIES, Defendant DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT NO. 2005-2215 CIVIL ACTION - LAW 1. Denied. Plaintiffs' marital status and address is beyond Defendant's knowledge. 2. Denied. Plaintiffs' marital status and address is beyond Defendant's knowledge. 3. Admitted. 4. Admitted in Part Denied in Part. The house constitutes a pre-revolutionary war house. By way of further denial, all lease payments were made by William H. Wessel, Inc. and were labeled "Office Rent." 5. Denied. The property was not deteriorating. Plaintiffs did not leave until January 31, 2005. Plaintiffs paid a penalty of only $890.00. By way of further denial, Plaintiffs have withdrawn the Count of the Complaint that relates to this allegation. 6. Admitted in Part. Denied as stated. Plaintiffs did not return the keys until February 7, 2005. Certain possessions of Plaintiffs remained in the premises until February. Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 7. Admitted. I 8. Denied. Defendant provided a list on February 28, 2005. 9. Denied. Defendant demanded a security deposit only after receiving Plaintiffs letter. This averment constitutes a conclusion of law that requires no responsive pleading. 10. Denied. The lease states that Plaintiff is responsible for repair of the furnace. The invoice in question was to "diagnose" the problem. The diagnosis was incorrect. The diagnosis related to warranty work from Defendant's contractor. 11. Denied. It is denied that Plaintiff suffered lost wages. It is denied that Defendant was responsible to reimburse Plaintiff for lost wages. Plaintiff has failed to set forth a connection between the alleged conduct and the alleged lost wages. Any claim related to these items is barred by Plaintiff's withdrawal of Count II of the Complaint. Count I 12. Denied. Defendant incorporates the denials of ¶¶ 1-11. 13. Denied. This averment is incoherent. By way of denial, Defendant mailed an itemized list to Plaintiffs on February 28, 2005, a true and correct copy of which is attached hereto as Exhibit "A". The parties performed a walk-through of the premises on February 7, 2005, at which time Plaintiffs returned their keys. To the extent that this averment relates to Defendants' early termination penalty, Plaintiffs have withdrawn the Count of the Complaint (Count II) that relates to this allegation. 14. Denied. Defendant mailed an itemized list to Plaintiffs on February 28, 2005, as set forth in Exhibit "A". Defendant complied with the statute. Count II. 15. Denied. Defendant incorporates the denials of ¶Q 1-14. By way of further denial, Plaintiffs have withdrawn this Count of the Complaint. 16. Denied. Plaintiffs have withdrawn this Count of the Complaint. Defendant complied with all legal requirements. 17. Denied. Plaintiffs have withdrawn this Count of the Complaint. 18. Denied. Plaintiffs have withdrawn this Count of the Complaint. WHEREFORE, Defendant requests that Plaintiffs Complaint be dismissed and that judgment be entered in favor of Defendant. NEW MATTER 19. Defendant incorporates the denials set forth in ¶Q 1-18. 20. Plaintiffs fail to state a claim upon which relief can be granted. 21. Plaintiffs have withdrawn Count II of the Complaint. 22. Plaintiffs are not entitled to recover damages for items that were Plaintiffs' responsibility under the Lease. 23. Plaintiffs' Complaint is barred by the doctrine of accord and satisfaction. 24. Plaintiffs' Complaint is barred by the doctrine of estoppel. 25. Plaintiffs are barred from seeking the return of any penalty after voluntarily paying that penalty to Defendant. WHEREFORE, Defendant respectfully requests that Plaintiffs Complaint be dismissed and that judgment be entered in favor of Defendant. COUNTERCLAIM 26. Defendant incorporates the denials of Paragraphs one (1) through twenty-seven (25) as if fully set forth herein. 27. Upon leaving the aforesaid premises, Plaintiffs left the premises in an unclean condition that required substantial work on the part of Defendant. 28. Defendant suffered lost rent in the amount of $1,780.00 for the time it took to make the property rentable after Plaintiffs vacated the premises. 29. The Lease required Plaintiff to pay utility bills. 30. Plaintiff failed to pay utility bills in the amount of $924.40. 31. Plaintiff failed to pay furnace repair bills in the amount of $591.89. 32 Plaintiff has incurred cleaning and painting costs, debris removal costs and miscellaneous repair costs as a result of the damage and dirt that Plaintiffs left behind upon abandoning the property in the amount of $1,204.61, as set forth on Exhibit "A" 33. Pursuant to 114 of the Lease, attached hereto as Exhibit "B," Plaintiff is responsible for all costs of collection, including legal fees incurred by Defendant. 34. Defendant is expected to incur attorney fees in the amount of at least $2,500.00 in collecting the amounts due. 35. Defendant is entitled to damages in the amount of 6,110.90, calculated as follows: Furnace repair Utility bills Lost rent Painting, cleaning, misc. repairs Security Deposit Credit Attorney fees TOTAL 591.89 924.40 1780.00 1204.61 (890.00) 2500.00 6110.90 36. Defendant has made demand for the above damages, but Plaintiffs have failed and refused to pay the same or any part thereof. Wherefore, Defendant demands judgment in the amount of $ 6,110.90, plus costs and interest and additional attorney fees through the time of trial. Respectfully submitted, By: Ste` I k David J. Lanza Attorney I.D. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff 124-2 I, Scott Staiger, Property Manager, verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties related to unworn falsification to authorities pursuant to 18 P.S. § 4901. 44--- 1 Scott Staiger, Property Manager CERTIFICATE OF SERVICE AND NOW, this 1"J `day of June, 2006, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: John M. Glace 132-134 Walnut Street Harrisburg, PA 17101 David Lanza 1242 EXHIBIT A 06/26/2006 10:00 FAX 717 731 9075 CONSOLIDATED PROP. Bole CONSOLIDATED PROPERTIES 400 NORTH FRONT STREET WORMLEYSBURG, PA 17043 717.7613558 Date: February 28, 2005 To: Mr. Mark Deal 515 Poplar Avenue New Cumberland, PA 17070 Mr. Paul Deal C/o William H Wessels Used Cars 811 Route 15 North Dillsburg, PA 17019 Re: 3521 Hartzdale Drive (Rear) Camp Hill, PA 17011 r FINAL STATEMENT OF ACCOUNT Security Deposit $ 890.00 Less: Charges Clean out fireplace, Clean bathtubs and toilets, remove Trash from basement; Clean baseboards, Remove Newspapers from spring; clean stove & Refrigerator Supervisor Hours 25.00 hrs @19,00/hr 475.00 Maintenance Hours 38.75 hrs @11.00/hr 426.25 Paint and supplies 321.30 Painting Adjustment -135.00 Repairs to Screen Doors 4 hrs @21/Hr 84.00 Parts 33.06 Total Charges 1,204.61 Balance Owed Note - Paint was only 1 year old - we typically get 5-7 years out of a painting. The adjustment above represents an estimate of normal wear and tear on the painting. Please make check payable to Consolidated Properties and kindly remit by March 15, 2005. EXgIBIT B 06/26/2006 09:57 FAX 717 731 9075 CONSOLIDATED PROP. LEASE AGREEMENT 0 005 THIS LEASE, made this 11!! day of NOVHMRSR. 2003 BETWEEN Condo idated Properties, The Owner or Landlord, and Paul Deal sad mark Deal.(Hereinafter whether one or more, referred to as "Tenant") WITNBSSETH: That owner hereby leases to Tenant and the latter lets from the former, the house designated as: 5 1 Hartsdale Drive, Camp Hill, PA 17011 Hereinafter called the "premises", for the term of pixtaan (16) Moatha beginning on the a day of nec a and ending on the 31at day of ,Sarah 2005, at the rent of Fourteen Thousand Two Hundred Party and 00/100„ ($14.240.00) for the period payable in monthly installments of Right Hundred Ninety and 00/100 Dollars (S890.001 due on = of each and every month in advance, This letting is upon the following terms and conditions: 1. Rent. Tenant agrees to pay to Landlord the monthly rent set forth above on the lot day of each month in advance, at such place as Landlord shall designate. Tenant further shall pay a late charge of five (5-*) percent per month of the amount of rent in default on the 3rd day of each month. If rental payment is not received by the = day of any given month additional late fee charges will accrue at $5.00 per day until payment is received. If rental is mailed, the postmark date will determine the day of payment. If any check for the rent is returned to Landlord for insufficient funds or other reasons, a $20.00 service charge will be charged. 2. Waiver of Notice to Quit. Tenant hereby waives the usual notice to quit and agrees to surrender the premises at the expiration of said term, or the termination of this lease for whatever reason, forfeiture or otherwise without notice from lessor whatsoever. if proceedings shall be commenced by lessor to recover possession of the premises, either at the expiration of the term or earlier termination of the lease, or for non-payment of rent, or for an other reason, tenant specifically waives the right to three (3) months notice and to fifteen (15) or thirty (30) days notice or any other notice required under the Landlord and Tenant Act of 1951 as amended, and agrees that no notice whatsoever shall be required. 3. Tenant Pre-Mature Termination. Tenant may terminate this lease without cause prior to its expiration date only by giving written notice to Landlord at least two full calendar months (60 days) in advance of the termination date effective from either the 1st or 15th of any given month; and, if Tenant elects to move prior to the termination date, Tenant must pay to Landlord, at the time notice is given, all rent due to the termination date. In any event, rent must be paid to termination date prior to Tenant's move, upkeep of the unit must be maintained to termination date, and utilities must be maintained to termination date. If a termination by the Tenant takes effect prior to the original termination date, Tenant shall also pay to Landlord at the time notice of termination is given a penalty for the early lease 00/26/2000 09:57 FAX 717 731 9075 CONSOLIDATED PROP. 0 000 termination. This penalty or any portion of it is not refundable. This penalty will be determined as follows: 1) If at the time the lease terminates (60 days after the notice is given) you will have rented from Landlord for less than ten (10) full months of Lease or Renewal Term you must pay to Landlord the amount equal to three (3) months rent as the penalty. 2) If you will have rented from Landlord for more than Nine (10) full months but less than Thirteen (13) full months of Lease or Renewal Term, the penalty will equal two (2) Months rent. 3) If you will have rented from Landlord for more than Thirteen (13) full months of Lease or Renewal Term, the penalty will equal one (1) months rent. 4. Rental Increases and Renewals. Landlord may increase the monthly rent or change the term of this Lease on written notice to Tenant given at least Seventy (70) days in-advance of the 1st day of the month in which the increase in rent or change in Lease term is effective, but Landlord may not make an increase or a change in the Lease term during the term of the Lease. Rent increases or change in Lease term shall take effect in the manner specified by Landlord. This lease shall continue for a like term under the same terms and conditions as stated herein unless either party shall give notice in writing to the other party at least sixty (60) days prior to the end of this lease of his intention to terminate the lease agreement or continue same under changed terms or conditions. 5. Use. No unit shall be used for any other purpose other than a private dwelling for the Tenants or Tenants and his, her or their immediate family. No professional business or home occupation of any nature shall be permitted to be conducted within the house even if accessory to the main residential use of the Unit. Tenant shall not permit or suffer anything to be done or kept upon or within the Unit or which will interfere with the rights of the other occupants, annoy them with unreasonable noises or otherwise, nor will Tenant commit or permit any nuisance or commit or suffer any immoral or illegal act to be committed within the Unit. 6. Utilities. Tenant understands that equipment for utilities to service the Unit is installed therein and Tenant agrees that the cost of utilities shall be paid as follows: UTILITY TO BE PAID BY Heating of Premises (oil) Resident Heating of Water for Premises Resident Electricity Resident Gas Na Water (Well) Resident Telephone Resident Cable TV Service Resti_dent Sewer (Septic & Pumping) Rasident Trash Resident 06/26/2006 09:57 FAX 717 731 9075 CONSOLIDATED PROP. (@007 Landlord shall have the right temporarily to stop the services of any utility in the event of accident affecting the same or to facilitate repairs or alterations made to the Building. 7. Care of Premi es, Tenant shall use due care in the use of the premises, the appliances therein, and all other parts of Owner's or Agent's Property. It shall be the responsibility of the Tenant to repair and maintain, at Tenant's expense, all appliances including, but not limited to, electric range and oven. 8. Rules and Regulations Concerning Use and Occupancy. Tenant's use and occupancy of the Unit, and other portions of the Property shall be subject to the following regulations: A. No Dog, cat, or other animal of any kind will be brought, permitted or kept in the house, B. No resident shall place or permit to be placed or maintained any sign or advertising matter or device or any roof aerial or other structure in any window of the apartment or elsewhere or upon the Owner's property. No resident shall place or permit to be placed or maintained any awning, screen, shade or blind in or at any window of the apartment without prior consent of the owner or Agent. Damage to storm doors and windows due to negligence will be the responsibility of the tenant. C. Tenant shall use plumbing and electrical installations only for their intended purposes and shall be fully responsible for the maintenance of same and for Cleaning of any stoppages in waste water lines and shall pay for pumping of the septic system if needed. Tenant will be responsible for all maintenance to the furnace. D. Maximum cost to tenant on a yearly basis for maintenance, repairs, and/or replacements on the septic system, air conditioning unit, furnace, or well is $600,00. Landlord will cover over $600.00. E. Maximum occupancy: No more than_L_person(s) will be permitted to occupy the House, designated as Paul Deal an ark Deal. F. Tenant(s) agree(s) that Owner or Agent may change their regulations from time to time as may be required to protect the house or owner's other property to add to tenant's enjoyment of it. G Tenant(s) are only allowed parking in the designated area. Two (2) Parking Spaces total are allotted. H. Intentionally Left Blank 1. Landlord will be responsible for any maintenance to the roof and foundation of the house. 06/26/2006 09:56 FAI 717 731 9075 CONSOLIDATED PROP. Z008 9. Damage by Fire. If the Unit is damaged by fire or other casualty, Landlord shall repair within a reasonable time and rent shall continue unless the casualty renders the Unit untenantable, in which case this lease shall terminate and Tenant, upon payment of all rent to the date the Unit is surrendered, shall not be liable for any further rent. if only a portion of the Unit is rendered untenable, the Tenant may, with the mutual agreement of Landlord, alternatively choose to continue in possession and shall thereupon be entitled to a pro rata reduction in the amount of rent provided that the election to proceed under this alternative shall not be a waiver of Tenant's right to terminate if repairs are not made within ninety (90) days. 10. Property Damage and Personal Injury. Tenant agrees that Landlord shall not be liable for property damage or personal injury occurring in the Unit or elsewhere on the Property unless the damage or injury results directly from Landlord's negligence. Tenant is instructed to purchase, at Tenant's expense, a Tenant's Homeowner's Policy to insure his personal injury to Tenant, other occupants, guests, or visitors, that occurs within the Unit or elsewhere on the Property. 11. Right of Entry. Landlord, or any person authorized by Landlord, shall have the right to enter the Unit at reasonable times to inspect and after notice of termination is given, to show the house to prospective Tenants. Landlord shall give Tenants notice of his or their intention to enter, if possible. However, Tenant consent shall not be necessary in case of emergency. 12. Security Deposit. Tenant agrees to pay as security deposit the amount of Right Hundred Ninety and 00/100 ($820.00). The security deposit shall be held by Landlord as security for the payment of all rent and other amounts due from Tenant to Landlord, for the Tenant's performance of this Lease and against any damages caused by Tenant or Tenant's family or other occupants to the house or the Owner's Property. Tenant understands and agrees that the security deposit may not be applied as rent or as against any other amount due from Tenant to Landlord, without Landlord's written consent, and that monthly rent will be paid each month, including the last month of the Lease term. Within thirty (30) days following the termination of this Lease, Landlord shall return the security deposit, less any deductions from it on account of amounts owed by Tenant to Landlord by check payable to all persons signing this Lease, mailed to a forwarding address which must be furnished by Tenant in writing within five (5) days after moving from the leased premises. 13. Default. A. If any rent for the Unit comes due under the terms of this Lease and if the same remains unpaid for five (5) days after written notice thereof by Landlord to Tenant, there shall be deemed a default of this Lease. H. If Tenant fails to comply with any term, covenant or provision of this Lease other than the payment of rent, and ? AA 06/26/2006 09:58 FAX 717 731 9075 CONSOLIDATED PROP, if tenant shall fail to make reasonable noncompliance within fifteen (15) days thereof by Landlord to Tenant, there default of this lease. fd 009 measures to cure such after written notice shall be deemed a C. If Tenant shall file a petition in bankruptcy or receivership or if such a petition is filed against Tenant and reasonable measures to discharge same are not taken within thirty (30) days or written notice of such petition by Landlord to Tenant, there shall be deemed a default of this Lease. D. If Tenant shall make an assignment for the benefit of creditors or becomes insolvent, there shall be deemed a default of this Lease. E. Upon default of this Lease, Landlord may enter the Unit as agent of Tenant and in Landlords own right without being liable for prosecution or damages therefor and relet the Unit as agent of Tenant and receive rent therefore. F. Upon such entry, Landlord shall use reasonable efforts to relet the Unit. G. Upon such entry, all rights of Tenant to possess the unit under this Lease shall be forfeited. Such entry by Landlord shall not operate to release tenant from any rent to be paid or covenants to be performed during the full term of this Lease. H. Upon such entry, Landlord shall be authorized to make such reasonable repairs in or to the Unit as may be necessary to place the same in good order and condition for the purpose of reletting. 1. Tenant shall be liable to Landlord for the reasonable costs of such repairs and all reasonable expenses in reletting, including, but not limited to, any real estate brokerage commission. 14. Collections. Any unpaid monies due Consolidated Properties 30 days after tenant receives statement will be turned over to a collections agency. Tenant will be responsible for legal costs, cost of collections, court costs, and any other fees associated with the collection of monies owed Consolidated Properties. 15. CONFESSION OF JUDGMENT FOR POSSESSION OF UNIT. TENANT AGREES THAT IF THIS LEASE SHALL BE TERMINATED, EITHER BECAUSE OF CONDITIONS BROKEN DURING THE TERM OF THIS LEASE OF ANY HOLDING OVER THEREOF, OR WHEN THE TERM HEREBY CREATED SHALL HAVE EXPIRED, THEN, IN THAT EVENT, LANDLORD MAY CAUSE A JUDGMENT OF EJECTMENT TO BE ENTERED AGAINST TENANT FOR POSSESSION OF THE UNIT, AND FOR THAT PURPOSE TENANT HEREBY AUTHORIZED AND EMPOWERS ANY PROTHONOTARY, CLERK OF COURT OR ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR TENANT AND CONFESS JUDGMENT AGAINST TENANT IN EJECTMENT FOR POSSESSION OF THE UNIT. FURTHER, TENANT COVENANTS AND AGREES THAT LANDLORD MAY COMMENCS AN ACTION PURSUANT TO 06/26/2006 09:59 FAX 717 731 9075 CONSOLIDATED PROP. Q010 THE PENNSYLVANIA RULES OF CVIL PROCEDURES FOR THE ENTRY OF AN ORDER IN EJECTMENT FOR POSSESSION OF REAL PROPERTY, AND TENANT FURTHER AGREES THAT A WRIT OF POSSESSION PURSUANT THEREOF MAY BE ISSUED FORTHWITH, FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT AND FOR THE ISSUANCE OF A WRIT OR WRITS OF POSSESSION PURSUANT THEREOF MAY BE ISSUED FORTHWITH, FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT AND FOR THE ISSUANCE OF A WRIT OR WRITS OF POSSESSION PURSUANT THEREOF, THIS LEASE, OR A TRUE AND CORRECT COPY THEREOF, SHALL BE SUFFICIENT WARRANT. Tenant, by affixing his signature immediately at the end of this paragraph, hereby consents to the warrant of attorney to confess judgment and such consent is made understandingly, intentionally and voluntarily and that Tenant's annual income is in excess of $10,000.00. TENANT- TENANT: Q5 a 16. Subordination. This Lease is subject and subordinate to the lien of all existing mortgages and all mortgages hereinafter placed upon any part of the Property which includes this Unit. Tenant agrees, on request, to execute such further instruments evidencing such subordination as Landlord may request, and, if Tenant fails to do so, Landlord is hereby empowered to do so in the name of Tenant. 17. Assigning and Subletting. Tenant, shall not assign this Lease or sublet all or any portion of the Unit without Landlord?e Poor mri ton eonsant. l8. Declaration of Governing Laws. This Lease shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. 19. Cumulative Remedies. The specified remedies to which Landlord may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of regress to which Landlord may be lawfully entitled in case of any default or threatened default by the Tenant of any provision or provisions of this Lease. 20. Entire Agreement and Modification. This Lease contains the entire agreement between the parties and any executory agreements hereafter made shall be - 06/26/2006 09:59 FAX 717 731 9075 CONSOLIDATED PROP. 0 011 ineffective to change, modify or discharge this Lease in whole or in part, unless such executory agreement is in writing and signed by the parties against whom enforcement of the Lease, modification or discharge is sought. 21. Lease Binding Upon heirs, txeeutors, Aaminiscracors. Successors, and Assigns. The term "Tenant" used herein shall refer collectively to all persons named above, and signing this lease as Tenant, and the liability of each such person shall be joint and several. Notice given by Landlord to any person named as Tenant or by any such person to Landlord, shall bind all persons signing this lease as Tenant. The term "Tenant" shall also refer to any persons named as heirs, executors, administrators, successors, of the respective parties hereto as if they were in every case named and expressed. 22. Severability. If any provision of this Lease shall be declared invalid or unenforceable, the remaining provisions of this Lease shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the date and year first above written. TENANT: Q? SEAL (SEAL) (SEAL) (SEAL) OWNER: (SEAL) 06/26/2006 09:59 FAX 717 731 9075 CONSOLIDATED PROP. 12 012 ineffective in whole or in writing enforcement sought. to change, modify or discharge this Lease in part, unless such executory agreemer_t is and signed by the parties against whom of the Lease, modification or discharge is 21. Lease Bindinq Uoon Heirs. Executors. Administrators, Successors. and Assigns. The term "Tenant" used herein shall refer collectively to all persons named above, and signing this lease as Tenant, and the liability of each such person shall be joint and several. Notice given by Landlord to any person named as Tenant or by any such person to Landlord, shall bind all persons signing this lease as Tenant. The term "Tenant" shall also refer to any persons named as heirs, executors, administrators, successors, of the respective parties hereto as if they were in every case named and expressed. 22. Severabilit . If any provision of this Lease shall be declared invalid or unenforceable, the remaining provisions of this Lease shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto sat their hands and seals the date and year first-above written. Leaseholder: (SEAL) (9) 00/26/28 09:59 FAX 717 731 9075 Consoldamd Propenies 400 North Front Street wormleysburg. PA 17063 CONSOLIDATED PROP. Mr. Paul Deal C/o William H Wessels Used Cars 611 Route 15 North Dillsburg, PA 17019 Consolidated Propert as 600 North Front Street wormleysburg• PA 17043 Mr. Mark Deal 515 Poplar Avenue New Cumberland, PA 17070 ra 013 IN IC KI - SeC w e 5S 06/26/2006 09:56 FAX 717 731 9075 ?' wi. IN,'I? '? µ.. w. •, r.. ern ., y i l n" rn to , i u "Tw%-fair. CONSOLIDATED PROP. 001 Consolidated Properties 400 North Front Street Womtleysburg, PA 17043 Phone: 717-781-3558 Fax: 717-731-9075 E-mal: oonprop®eonsolidatedproperties.oom To: V\ 7-535 Fax: From JCO7? 5-rA%%Gt'),' mft; 6 Ra: Paeae: / IncMw Cover Page -n urgdrt lawisw ? Please commend ? PWM wpy ? Please Recycle ii%'K 06/26/2006 09:56 FAX 717 731 9075 CONSOLIDATED PROP. 2 Deihl Springhouse Ammended Complaint Amount due from Damage Billing 314.61 Lost rent due to condition 1,780.00 Unpaid Utilities 924.40 3,019.01 2002 Unpaid Repair Bill 591.89 06/26/2006 09:56 FAX 717 791 9075 Springhouse utility Bills - Recalculation Heat recalculation Total usage Comodity Charge Distribution Charge Distribution Charge CONSOLIDATED PROP. 676,00 CCF 0.88150 595.89 0.38000 19.00 First 50 ccf 0.31537 197.42 Total Gas Bill Recalculated Sewer Bill - 1 yr $24/qtr Total Owed 812.32 112.08 924.40 Z003 06/26/2006 09:56 FAX 717 751 9075 CONSOLIDATED PROP. 121004 • ' Corporate Records Application Page 1 of I DOS Homeoaae Entity Details equest r........,.-. .-.- _-_............. ...,..,........... .. .-_?.__?_ ...... .......... Basic Entity Information -............._. ,_.._.. - - .-.....__._..,,..,, • new Request Entity Type PENNSYLVANIA BUSINESS CORPORATION Free Search -Entity Name •WESSELS, WILLIAM H. USED CARS, INC. • General Name Search Entity No. 2979077 • Om Name seprch Filing Date 12121/2000 Letter of Consent No • Oroh n Search - Address 811 RTE 15 N DILLSBURG Pellnsylvanie USA 17019 county York 3urisdiction PA Purpose BROAD Limited No .Authority Corporate Officers Updated Date 12/2112000 President •WESSELS,WILLIAM H Secretary Treasurer WESSELS,WILLIAM H 'Vice-President - LInstrument History Doc Type Microfilm# Micro* Micro# Start End ARTICLES OF INCORPORATION- BUSINESS 2000095 823 824 Horne i Site MAR I View as Text Only Copyright 02002 Pennsylvanla Department of Stata. All Rights Reserved. Comirm alth of eA Privem Statement Filing Date 12/21/2000 06/26/2006 10:00 FAX 717 731 9075 CONSOLIDATED PROP. 10014 COMMONWEALTH OF PENNSYLVANIA rni wTy nr• CV=ZL .ar.n 09-1-01 MOWN'.. Men. CELILM A. CLBNNNT, AMmg! 400 GRID= ST OLDS `rONNN CO1O[098 N811 emoNR AND, PA Telephmr (717) 774-5989 al -SUITE 3 17070 CIVIL ACTION HEARING NOTICE PLAINTIFF: NAME*? ADORM rDBAL, MUM T 515 POPLM EVE wo COIMSRum, PA 17070 L J VS. DEFENDANT: NAMEend AOOAESS FXICNABL SERLUCO/CONSOLIDATAM PROP 400 NORTE FRONT ST NOHDII,SYSSmLa, PA 17043 L J NICSASL SSRLUM/C=SOLIDATED P&OP 400 NORTH FRONT ST Docket No: CV-0000140-05 NOENLNTSSITRB, PA 17043 Date Filed: 3/01/05 A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for: Date: 4/01/05 Place: DISTRICT COURT 09-1-01 400 NR1D= ST Time: OLDS TONNE C010[0118 -SIISTE 3 11:00 AN NEW CMMXRLMW, PA 17070 717=774-5989 NOTICE TO DEFENDANT It you Intend to enter a defense to this complaint you should so notify this office immediately at the above telephone number. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing. Pursuant to Pa.R.C.P.D.J. No. 342(8)(2), no claim by the defendant will be permitted in a supplementary action filed for failure of judgment creditor to enter satisfaction. NOTICE TO PLAINTIFF Pursuant to Pa.R.C.P.D.J. No. 318, you or your attorney will be notified if the defendant gives notice of his/her intention to defend. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. • DATE PRINTED: 3/01/05 2:33:25 PN AOPC $086-a5 06/26/2006 10:00 FAX 717 701 9075 CONSOLIDATED PROP. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-1-01 awtrlW J.d. Nq„e: MCI. Charles A. Clement, Jr oem v Olds Towne commons 400 Bridge St- Suite #3 Now Cumberland, Pa. 17070 t?,rph..: (717)774-5989, 11015 CIVIL COMPLAINT PLAINTIFF: NAMII rnd AMGREO r? irk 1 . UPa I `1 515 tWev f"A"v_e- r UI&O ;rlrnR W14 PlT d ?Phoue: '? Fax: N3?-?95J Ncrz ?o`t-aoq vs. ENDANT: Rare.,d aOORess lrlf&kO S?cS?ce ?Ccr flda { ? . ?,es ?{GC N- Fra1?' `?I' I-t?*cm1?5w:c5 ? F? 1?`l? _j Docket NO.: 4 ?- /yo •-d S Date Filed: 1 10,) AMOUNT DATE PAID FILING COSTS S? POSTAGE $ SERVICE COSTS CONSTABLE ED. 3irsat}? I I TOTAL TO THE DEFENDANT; The above named plaintiff(s) asks judgment against you for !ii 1 L-LID. n together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated); A??-Ef, 4-02011V-firm 6V( I ? Se t'???? f AS (?toV,ck 1<c-1 i n CKCJ ii&Lohie+14 ?}t? ??l>zllorc? CF? S f?{?+ Y'`? Se Gvrt ?-{ c??CSI•? •?ttA 4o ( bra n tai -- ?LtY?h? t ^1 Fes` ojr hw5 ? ? ? fw&rk? roc c Wl s SCtVrAl a?e cylt p)VS CUV+fenSa?,on {P.r C??f L'??nSsS 1, k+ . -1)6 Oz. verify that the facts set forth in this complaint are true and correct to the beat of my knowledge, information, and belief. This statement is made subject to the penal ctlon of the Crimes Code (16 PA. CS. §-4204) related to unworn falsification to authorities. Plaintiff a Attorney: Sohn U IG 5C'. Address: t a -13`I (h l t, v } 7 Telephone: (.? I ) 5515' Ftrlc;ih., r? y14 !! Y IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS You DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the data set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 30aA-03 ,^ ., :? _? :,, ?-, ,,,,_ ??_ ._ 5 ,_, ._ ?_ 4. -c IN THE COURT of COMMON PLEAS of CUMMBERLAND COUNTY MARK T. DEAL and PAUL S. DEAL, Plaintiffs No. 2005 - 2215 V. CIVIL ACTION - LAW MICHAEL SERLUCO d/b/a DISTRICT JUSTICE CONSOLIDATED PROPERTIES, APPEAL Defendant Plaintiffs'Answer to New Matter and Counterclaim AND NOW thisi dray of November, 2006 come Plaintiffs above named, MARK T. DEAL and PAUL S. DEAL, by and through their attorney, John M. Glace, Esquire, and answers Defendant's new Matter and Counterclaim as follows: 19. Plaintiffs incorporate by reference their pleadings as presently exist. 20. Denied. Defendant avers a legal conclusion to which no responsive pleading is required. 21. Admitted. 22. Denied. By way of further response, the entitlement of Plaintiffs to the damages demanded is a legal conclusion to which no responsive pleading is required. 23. Denied. It is specifically denied that any satisfaction and/or accord exists and strict proof otherwise is demanded. 24. Denied. It is specifically denied that Plaintiffs are estopped at law or in equity for the relief demanded and strict proof otherwise is demanded. 25. Neither admitted nor denied. It is admitted that Plaintiffs withdrew Count H of their original Complaint. WHEREFORE, Plaintiffs above demand dismissal of Defendants' new Matter and Judgment against Defendant for $1,700.00, said amount statutorily mandated pursuant to 68 P. S. Section 250.512, plus interest and costs of suit. 26. Plaintiffs incorporate by reference their original Complaint plus theirAnswer to New Matter. 27. Denied. Plaintiffs specifically deny leaving premises in "an unclean condition" and strict proof otherwise is demanded. 28. Denied. Plaintiffs paid a penalty for the early termination of the lease, any lost rent is off-set by this penalty or not relevant to this action, A strict accounting is demanded at time of trial including, but not limited to, proof of due diligence in securing new tenants. 29. Neither admitted nor denied. That document speaks for itself. 30. Denied. Plaintiffs deny any nonpayment of utility bills during the term of their tenancy and strict proof otherwise is demanded. 31. Denied. Plaintiffs deny any liability for the furnace repair bill or contractual obligation to pay such billing and, to the contrary, paid furnace repairs gratuitously m order to obtain heat after their multiple complaints to Defendant were ignored or Defendant failed to assure that his furnace repairmen in a timely manner corrected the loss of heat by Plaintiffs when tenants. 32. Denied. It is denied that Plaintiffs abandoned the leased residential premises when Defendant accepted the penalty. It is further denied that Plaintiffs are liable for any of the costs set forth in Defendants' Attachment which are denied as pretextual and non- existent. By way of further answer, Defendant was dilatory at best in response to Plaintiffs', as residential tenants, numerous complaints as to the condition and maintenance of the very old residential rental property. Their vacation, after payment and acceptance of early termination penalty, was as a direct result of this poor condition and lack of reasonable maintenance and their articulatable health fears for further tenancy. By way of further answer, in addition to self-serving nature of the Attachment, it is specifically denied that it was delivered to either Plaintiff prior to the April 20, 2005 Hearing before District Justice Clements and that its February 28, 2005 date is an incorrect and self-serving indicator of the preparation of such document. Strict proof otherwise is demanded. 33. Denied, The document speaks for itself and its legality per se requires the judgment of a trier at law and any responsive pleading is not required. 34. Denied. Plaintiffs have no source of knowledge of this averment and it is therefore deemed denied. A strict accounting of such averment is demanded. By way of further answer, it is denied that attorney's fees are legally permissible damages instantly. 35. Denied. The Defendant's legal entitlement of its enumerated alleged damages is a question of law and requires no responsive pleading. To the extent that a factual pleading may be required, Plaintiffs deny any liability to any of the enumerated alleged damages, incorporate by reference their previous pleadings and demand strict proof at time of trial. 36. Admitted in part, Denied in part. Plaintiffs admit that Defendant presented a $1,2204.61 Statement to them at the April 20, 2005 hearing, but with credits for $890.00. Plaintiffs have never prior to receipt of Counterclaim been presented with a demand for attorney fees or lost rent. WHEREFORE Plaintiffs demand that Defendant's counterclaim be dismissed with prejudice . Respectfully submitted, The Law Office of John M. Glace John M. GI Esquire Supre a 23933 132-1 ut Street Hard urg, PA 17101 (717) 238-5515 VERIFICATION I verify that the statements made in the foregoing Answer to New Matter and Counter Claim are true and correct to the best of my understanding and belief. I understand that false statements herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904, relating to unworn falsification to authorities. Date: Paul Deal VERIFICATION I verify that the statements made in the foregoing Answer to New Matter and Counter Claim are true and correct to the best of my understanding and belief. I understand that false statements herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904, relating to unworn falsification to authorities. Date: D - ((;2 10 - Mark De r ? CERTIFICATE OF SERVICE I HEREBY CERTIFY that this day of November, 2006 I have served a true and correct copy of the foregoing Plaintiffs' Answer to New Matter and Counterclaim, by first class mail, postage-prepaid, upon: David J. Lanza, Esquire 2157 Market Street Camp Hill, PA 17011 LAW OFFICES of JOHN M. GLACE John M. Glace, Esquire 132-134 Walnut Street Harrisburg, PA. 17101-1612 (717) 238-5515 Identification No. 23933 Counsel for Plaintiffs v-. ? s -n - ?f-y C:) "C b Mark T. Deal and Paul S. Deal, Plaintiffs V Michael Serluco, d/b/a Consolidated Properties, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2215 CIVIL, K$xx 2005 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT. John M. Glace, Esquire counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 1 7 0 0.0 0 The counterclaim of the defendant in the action is $6,110.90 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: David J.Lanza, Esquire, 2157 Market St., Camp Hill, PA 17011 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT AND NOW, 1g foregoing petition, Esq., Esq., and actions) as prayed for. consideration of the Esq., are appointed arbitrators in the above captioned action (or By the Court, P.J. n ?t1 s? A. N h. na c? Q m M co ..Q { I' -n cn 0 Mark T. Deal and Paul S. Deal, Plaintiffs V Michael Serluco, d/b/a Consolidated Properties, Defendant W THE COURT OF COLON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2215 CIVIL :*$xx 20 0 5 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: John M. Glace, Esquire , counsel for the pWntiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action for actions) is (are) at issue. 2. The claim of the plaintiff in the action is S ,790.00 The counterclaim of the defendant in the action is g 6 ,110.9 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: David J.Lanza, Esquire, 2157 Market St., Camp Hill, PA 17011 WHEREFORE, your petitioner prays your Honorable Court to. appoint three (3) arbitrators to whom the can shall be submitted. ORDER OF COURT foregoing petition, Esq., and / IW,& actions) as prayed for. consideration of the Esq., are appointed arbitrators in th o above captioned action (or PJ. ?`'=3 S?rii r C"'? doh" ?`'a? r R MARK T. DEAL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL SERLUCO, ET AL., DEFENDANTS 05-2215 CIVIL TERM ORDER OF COURT AND NOW, this 7-0 day of April, 2007, the appointment of Mark A. Mateya, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Dean Reynosa, Esquire, is appointed in his place. By the Co Edgar B. BayleK\J. ? John Slike, Esquire Chairman /Dean Reynosa, Esquire Court Administrator :sal 04? eg -o? cop* 4-fflJa N 1 y a? 4rr?Y ? 3 L l .. ?!! }..3 t1 y _ ..l LLJ 0 ? ? '?? h ? C -j Plaintiff ?Aq Defendant ? OAS o /icl ? /p ? "o-e r A, e S Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. tore ignatm ignature ,aA i, C, ? 'e, Name (Chairman) a R? ?,'s ?o p Law Firm .2 ` Of /;qc)r e e Address In The Court of Common Pleas of Cumberland County, Pennsylvania No ?1 °"s a a/ S? Civil Action - Law. D .2 Name Sal r ,c 5 F/0 we, Law Firm n?Ldp 442????SF Address Cam,Q //. A 17or rQ - A, // 4, City, zip city, 'p / '7 d /i Award L:ea tg P Ind s Name -,OD A Law Firm 'Lo, 0 Box ?Dy Address Grt ?? to CZip We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall Ike separately stated.) I '2 C'? 1 h ; v d k- o G 41 ?- ) `7 ? JS 2Pt a ? ?V 7 S ,? 7 ?? CIS ?Q !? [?Z° Gt ?$ i- rl [_? yJ f P v C /z l vr, . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: D L7 . (Chairman) Date of Award: Notice of Entry of Award Now, the day of ?T?er , 20_ 7 , at 8:5 I _L.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 350.00 By: Pro 7 onotary Deputy Plaintiff ?a Defendant Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. tore ignature Signature 4 jx')14 K . Name (Chairman) Law Firm In The Court of Common Pleas of Cumberland County, Pennsylvania No ? "'~- Civil Action - Law. P o .? Name Sa W, S F/6 u, P Law Firm IC? ?i; :•?i c? ?r?fc??S Name Law Firm Address Address Address City, zip city, 'p -/7 a City, zip # 10Iq 01q * jagaq Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall tie separately stated.) d Irn /-2 v dv D -F v ja 7' P ?-C /72 . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: c 1,o -7 Date of Award: (Chaianan) u Notice of Entry of Am,ard Now, the day of oPen-?em1 r , 20 7 , at 8: 5 1 , -L.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 350. ao By: Pr70notary Deputy D Ma;t? C ? Joy ,d,• Lop of 0 q-4- 0 ?ple I Rro° J MARK T. DEAL and PAUL S. DEAL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS NO. 2005-2215 MICHAEL SERLUCO d/b/a CONSOLIDATED PROPERTIES Defendant NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Defendant appeal from the award of theboard of arbitrators entered in this case on September 4, 2007. A jury trial is demanded 11 (Check boa if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that 1. the compensation of the arbitrators has been paid, or 2. application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) _yZk Appellant or Attorney for Appellant David J. Lanza Attorney I.D. No. 55782 356 N. 21" Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Defendant (b) No affidavit or verification is required. p W ?C Q 4 -OAT? cam' ? :: r•: ro 3 w