HomeMy WebLinkAbout05-2455
MICHAEL L. BANGS, ESQUIRE
LD, #41263
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
(717) 730-7310
ATTORNEY FOR PLAINTIFF
Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
STEVEN CARTER,
vs,
NO, 2005 -;)l./ rS
CIVIL I Efl....~
CJ2 GROUP LLC and
PATRICIA 1.. MARBAIN,
Defendants
CIVIL ACTION
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
MICHAEL L. BANGS, ESQUIRE
LD, #41263
429 SOUTH 18m STREET
CAMP HILL, P A 17011
(717) 730-7310
ATTORNEY FOR PLAINTIFF
Plaintiff
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
STEVEN CARTER,
vs,
NO,2005 -,;),(15;'$
CIVIL
CJ2 GROUP LLC and
PATRICIA 1.. MARBAIN,
Defendants
CIVIL ACTION
COMPLAINT
AND NOW comes the Plaintiff, STEVEN CARTER, by and through his attorney
Michael 1.. Bangs, Esquire, and in support thereof files the following Complaint:
I, Plaintiff, STEVEN CARTER (hereinafter "Carter"), is an adult individual whose
business address for purposes of this matter is 900 State Street, Lemoyne, Cumberland County,
Pennsylvania,
2, Defendant, CJ2 GROUP, LLC, (hereinafter "CJ2") is a Pennsylvania limited liability
corporation whose address is 5 Saratoga Place, Camp Hill, and is the owner of a certain premises
known as 850 State Street, Lemoyne, Cumberland County, Pennsylvania,
3, Defendant, PATRICIA 1.. MARBAIN (hereinafter "Marbain"), is an adult individual
who operates or trades or does business as the "Consignment Gallery" which is located at 850
State Street, Lemoyne, Cumberland County, Pennsylvania,
4, On May 14, 2004, Carter purchased the real estate known as 900 State Street,
Lemoyne, Cumberland County, Pennsylvania (hereinafter "Premises"), Attached hereto and
marked as Exhibit A is a legal description for the Premises,
5, Defendant CJ2 is the owner of 850 State Street, Lemoyne, which is the property that
abuts the Premises of Carter,
6, Defendant Marbain is a tenant of Defendant CJ2 and leases the property at 850 State
Street from Defendant CJ2,
7, Both the Premises and 850 State Street were previously owned by the same individual
or individuals and both Carter and Defendant CJ2 purchased the respective real estate from the
previous owners,
8, The previous owners entered into a lease agreement with Defendant Marbain whereby
Defendant Marbain was to occupy the premises at 850 State Street for an initial term of five (5)
years commencing January 1, 1998, Attached hereto and marked as Exhibit B is a true and
correct copy of the lease agreement.
9, It is alleged and therefore averred that Defendant CJ2 obtained all rights and interest
in the lease agreement from the previous owners when it purchased 850 State Street.
10, Carter is not a party to the lease agreement.
II, The lease agreement does not pertain to the Premises purchased by Carter; rather, it
pertains to 850 State Street, the real estate owned by Defendant CJ2,
12, Since the purchase of the Premises by Carter, Defendant Marbain has used various
parking spaces located on Carter's Premises for use by her customers and employees, Carter
has repeated requested that Defendant Marbain cease from this activity,
13, Defendant Marbain has insisted that she, her customers and employees have rights to
use those parking spaces pursuant to the terms of the lease,
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14, Defendants Marbain and CJ2 also have a sign advertising Defendant Marbain's
business located on Carter's Premises, Carter has requested both Defendant CJ2 and Defendant
Marbain to remove the sign,
15, Both Defendants have failed or refused to remove the sign from Carter's Premises
even after request.
16, Defendants Marbain and CJ2 have located a dumpster on Carter's Premises, Carter
has requested that the dumpster be removed,
17, Both Defendants Marbain and CJ2 have failed or refused to remove the dumpster,
18, Defendant Marbain has dumped various trash and other material from her business
on Carter's Premises, Carter has requested that Defendant Marbain cease locating her trash or
business debris on the Premises,
19, Defendant Marbain has failed or refused to cease this activity,
COUNT I
OUlET TITLE
20, Paragraphs I through 19 are incorporated herein by reference as if more fully set
forth,
21, Defendants CJ2 and Marbain have asserted that Defendant Marbain can use the
certain parking spaces located on Carter's Premises pursuant to the parking provisions of the
lease agreement.
22, The lease agreement solely involves the property owned by Defendant el2 located at
850 State Street.
23, The lease agreement does not provide any property rights in the Premises owned by
Carter to either Defendant CJ2 or Defendant Marbain,
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24, The lease agreement indicates, in pertinent part:
"Lessee (Marbain - added) shall have the use of available parking on the
premises in common with other tenants of the Lessor (CJ2 - added), ' ,"
This provision does not apply to Carter because Carter is not a tenant of Defendant CJ2 nor was
Carter a tenant of the previous owners,
25, The lease agreement does not provide any property rights in the Premises owned by
Carter to either Defendant CJ2 or its tenant, Defendant Marbain,
26, Defendant CJ2 and Defendant Marbain, by virtue of the lease agreement, have not
acquired any property interest in the Premises purchased by Carter.
27, The lease agreement does not provide Defendant CJ2 or Defendant Marbain with any
interest in Carter's Premises that would permit the location of its sign on Carter's Premises,
28, The lease agreement does not provide Defendant CJ2 or Defendant Marbain with any
interest in Carter's Premises that would permit the location of its dumpster on Carter's Premises,
WHEREFORE, Carter requests this Honorable Court to order and direct the following:
A. Order that Carter is the owner of the Premises free and clear of any
claim of right of use by Defendant CJ2 or Defendant Marbain;
B, Order and direct Defendant Marbain to cease from using any parking
spaces on Carter's Premises;
C, Order and direct that the sign which is located on Carter's Premises be
removed;
D, Order and direct that the dumpster which is located on Carter's
Premises be removed; and
E, Such other relief as the Court deems appropriate,
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COUNT II
EJECTMENT
29, Paragraphs 1 through 28 are incorporated herein by reference as if more fully set
forth,
30, Defendants CJ2 and Marbain continue to use the parking spaces located on Carter's
Premises despite repeated requests by Carter to desist from using those parking spaces,
31, Defendants CJ2 and Marbain have continued to locate their sign on Carter's
Premises despite repeated requests by Carter to remove the sign,
32, Defendants CJ2 and Marbain have continued to maintain a dumpster on Carter's
Premises despite repeated requests by Carter to remove the dumpster.
33, Defendants CJ2 and Marbain have no legal right to continue to use Carter's Premises
for any purposes whatsoever.
34, Carter is entitled to an order of ejectment requiring Defendants CJ2 and Marbain to
cease using the parking spaces; to remove the sign; and to remove the dumpster located on
Carter's Premises,
WHEREFORE, Carter requests this Honorable Court to grant an order in his favor and
against the Defendants in ejectment and specifically order as follows:
A. Direct Defendants CJ2 and Marbain to refrain from continued use of
any parking spaces located on the Premises owned by Carter;
B, Direct Defendants CJ2 and Marbain to remove any signage from the
Premises owned by Carter;
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C, Direct Defendants Cl2 and Marbain to remove any dumpsters or other
material from the Premises owned by Carter; and
D, Such other relief as the Court deems appropriate,
Respectfully submitted,
VV/hkll I P )
MICHAEL 1.. BANGS ! }./
Attorney for Plaintiff U
429 South 18th Street
Camp Hill, P A 17011
(717) 730-7310
Supreme Court ID #41263
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VERIFICATION
I hereby verify that the statements made in the foregoing COMPLAINT are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S,
Section 4904, relating to unsworn falsification to authorities,
Date:
St.u-><.v'- (J::;,'-J./,-----
STEVEN CARTER
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EXHIBIT A
ALL THAT CERTAIN tract or lot ofland situate in the Borough of Lemoyne,
Cumberland County, Pennsylvania, being more particularly bounded and described as follows, ot
wit:
BEGINNING at a point on the southern line of State Street in the Borough of Lemoyne,
which point is on the line dividing Lots I and 2 of a hereinafter mentioned plan of lots; thence
along the southern line of State Street, North 85 degrees 51 minutes 58 seconds East a distance
of 143,96 feet to another point on the southern right-of-way line of the said State Street, this
point on the line dividing Lots 2 and 3 on the hereinafter mentioned plan of lots; thence along the
line dividing Lots 2 and 3, South 01 degrees 07 minutes 47 seconds West a distance of 119,22
feet to a point at or near the right-of-way line of Consolidated Railroad; thence North 89 degrees
00 minutes 57 seconds West a distance of 143,08 feet to a point also on or near the right-of-way
line of Consolidated Railroad and on the line dividing Lots I and 2 on the hereinafter mentioned
plan oflots; thence along the line dividing Lots I and 2 North 00 degrees 59 minutes 03 seconds
East a distance of 106,38 feet to the point or place of BEGINNING,
BEING all of Lot 2 as shown on a subdivision plan for Claude Wheeler which said plan
is dated September 6, 200 I and is recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Deed Book 84, Page 45, and containing, in accordance
with said plan, 16,155 square feet and being improved with a commercial building known and
numbered as 900 State Street.
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AGRSEMEN't
THIS AGREEMENT of lease executed thi.s ,_-:\"'".',) day of
Octob<?r, J.997, between PATRICIA L. MARBAIN (the "LESSEE") and
CLAUDE WHEELER, SR. and PATSY L. WHEELER, hOlvi.ng its office ilt
850 Stat',~ St" Lcmoyne, Pi.>,. 17043 (tha "LESSOR"),
NIJ::NE..,c:;,SFTH:
TERM AND RENT
LESSOR, fo~ and in consideration of the rent, covenants and
agreements hereinafter more fully mentioned and r'~served, does by
these presants lease to the LESSEE a portion of real estate at
850 State SLz'eeC, LE~moyne, Pe:'l.!'lsylvania containing 5,900 square
F~et, ("Premises") (, fox' a term of five ye"rs, beginning on
,j.n.".,,.:.>~+):,, / , 199:!j,' ("Original T'?::-m") I at t.he toti:ll rental of
$4,50 per square foot or 5132,750.00, payable in monthly
inst:allmcnts of. $2,212 _ 50 in advance, without dem,,,nd, on the
first day of each month during th,:;, term cn- any renewal, There
will be a late puyment charge of $10.00 per day on all late
r':':1t2lls l,e9,i,nning wi tl1 the t.enth day following the due dat.e,
Late f~es shall be dUf: and payable as additi~n\ll rent.
LESSEE shall not make any ded\lctions from rental
p2vment$ tor renairs or otner Ch2~Oe$ incurred by LESSEE,
regiJnile:ss of sai.d chiJrges being the obligat.ioIl of LESSOR, Any
and all such chiJrges shiJII be paid by LESS~E and, if appropriate,
invoiced to LESSOR, who will prompt.ly reimburse LESSEE.
LESSEE further agrees to pay to LESSOR. or LESSOR'S
aoent, the sum of $15,00 tor each and everY check which LESSEE
t~nders to LESSOR. or LESSOR'S agent, which is dishonored, If
LESSOR, or LESSOR'S agent, receives a total of two insufficient
checks which are dishonored bv LESSO~'S bank for anv reason
during this LCiJ.5e Ag:::-eement, LESSeE agrees th.:lt all-rental.
pt,YTl\i..::1ts t:he,reafter will be made by money m:de,::.
OPTION TO RENEW
Providing LESSEE is not in default undex' the terms of
chi::; Lease Agreement, LESSEE sl1,,11 have the option of :::-ene""ing
this Lease Agreement for two additional terms of five years each,
by giving written notice to LESSOR. not less than ninety (90)
day,> prior to the end of theo Original Tel"m or any renewal term of
such intent to renew, All terms and condltions of this lease
shall remain unchanged except [er the rental, Rental for the
renewal term" shall be increased 10% ave'!: the rent payable in the
Original Tex'm for each fiv'2 (5) year option,
SECURITf DEPOSIT
LESSEE shall pay a security deposit of $2,212,50 at the
beginning of Original Term. The security deposit shall be held
by LESSOR and shall not bear interest, At the termina t .ion of
this lease, the security deposit, shall be first applied to
repairs and cleaning required as a result of LESSEE'S occuparlcy,
reasonable wear and tea'!: excepted, thereafter to unpaid rents, if
any and the balance, if any shall be returned to thc LESSEE. The
LESSEE may not consider the sec~rity deposit toward the last
month's rent.
RIGHT OF FIRST RSFUSAL
LESSEE shall have the riaht of first refusal to
purcllase the Premise~ as hereinaft;r set forth in this paragraptl.
If at any time during the term of this Lease Agreement, LESSOR
shall receive a bona fide offe~ from a third person for the
purchase of the property, which offer LESSOR shall desire to
accept. LESSOR ;:,hall promptly deliver to r~ESSEE a copy of such
oEfe!-, and LESSEE may, wi thin fiftee" (15) days thereafter, elece
in writing to purchase the property on the same terms as those
S'2t fot'ell in such offer. If LESSOR shall receive an offer for
the purchase of the property, which is not consummated by
delivering a deed to the offero:!:', the LESSEE'S right of first:
refusal shall r",main applicable co subsequent offers, If LESSOR
shall sell the Pronertv after a failure of LESSEE to exercise its
dght of first ref;:'sal~ the: rigl,;: of first refusal shall
terminaee and be of no further force and effect,
OCCUPANCY
Occupancy of the premises shall be (lS of ,,).,:/,".;L'/!/"\{ j
199~, However, LESSEE may begin to occupy the Premises prior to
said dat:e by signing th.is Lease. ]I,greement, remitting the security
deposit and first months rent: for thc purpose of seet:ing up and
preparing the Premises.
It is understood and agreed that LESSEE shall use the
?x'ernises for a retail store establishment and storage,
LESSEE shall be responsible, at LESSEE'S expense, for
securing a codes enforcement: inspection and use certificate, if
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Dppl~c~ble, for LESSEE'S specific use. LESSEE shall be
responsible, at LESSEE'S expense, fDr bringing the Premises int.o
compliance with code requirements for LESSEE'S specific use, and
fDr keeping tbe Premises in cDmpliance as its use may require,
LESSEE shall conduct its business in compliance with
all Local, State and Federal rules and regulations, and LESSEE
shall not permit Dr do anything not permitted by any Local, State
or Federal laws
TERMINATION
In the event LESSEE does not eXl'<rc,ise its option to
renew as set forth above, and fails co vacate the Premises at the
eDd of the the::] current Lerm, this Lease Agreement shall continue
upon the same terms and conditions for a further period of one
(1) month. and so on from month to month until r:erminated by
ei~her party giving to the other party ninety (90) days written
norice:, in which event this I"ease Agreeme!'1t shall terminate on
the l.~.st day of the month folloWing the end of the ninety (90)
day notice period.
DEFAULT BY TENANT
The failure of LESSEE to pay, when due, any installment
of 2:ent or addi c.i.onal rent or any other sum payable by LESSEE
under this Lease Agreement, which i"ilure shall continue
unremedic.d by LESSEE for a period of ten (10) days after written
notice shall have been given to LESSEE by LESSOR shall constitute
default of this Lease Agreemen~, provided, however, that, if
LESSE:E defadt& in making .i.tz payments of rent or additional rent
requiring LESSOR'S written notice on three (3) occasions within
any twelve (12) mODt!1 period, then, aL LESSOR'S election, such
third (or suosequent) default shall not be capable of curc by
LESSEE.
If LESSEE fails to comply by correcting said default,
and if proceedings shall then be commenced by LESSOR to recover
possession. either at the end of the term or sooner termination
of this I,ease Agreement, LESSEE waives any further right to any
statutory notice and agrees that five (5) days written notice La
qu~t shall be suffiCient.
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ENVIRONMENTAL CONCBRNS
Ahs~n~Cft of H~zardQl~;, Mat~riAls ,~d Claim~. LESSOR
represents to LESSEE that there are no Hazardous Materials
present within, or which affect, the Premises, and that there is
not any claim, suit, or administrative proceeding, or any other
action by any private or public individual or entity (including,
without limitation, any agency of federal. state or local govern-
ments). pending or threatened against LESSOR, or any LESSOR
Affiliate, with respect to any Hazardous Materials, that in any
manner affects or concerns the Premises.
LESSOR'S ComD1i<lnc.... LESSOR covenants and agrees not
to use I gl~,nt:l:ate r store, dispose I suffer, permit. produce,
introduce or maintain anv Hazardous Materials in or about any
portion of the I?remises,- except: in full compliance wit:h all
applicable Ie-WE;. LESSOR further covenants and agrees to
indemnify, protect and save LESSEE. its officers, shareholders,
di rector's. pa:!:tners and employees and any subtenant, assignee or
mortgagee o[ LESSEE, harmless against and from any and a11
damages, losses, liabilities, obligations, penalLies, claims,
litigation, proceedings, or expenses of any kind or of any nature
whac$oeve::- (including reasonable at.t.o:!"neysl and experts' fet:s and
disbursements) which may at any time be imposed upon, incurred by
Or asserted or awarded against LESSEE, or any of its officers,
shareholders, partners, directors, Dr employees, arising from or
out of any l1aza:::'dous Materials on, in, unci",:>:, or affecting all or:
any portion of the Premises, including the cost of removal of any
and alJ. such Bazardous MCltcrials from all or any portion of the
Premises.
LESSSE'S ComoljA~, LESSEE covenants and agrees not
t.o U~*, generate, SCore, dispose. suffer, peralit, produce,
introduce or maintain any Hazardous Materials in or about any
portion of the Premises, e~;cept in full compliance with all
applicable 1 a''''. , LESSEE further covenants and agrees to
indemnify, protect and save LESSOR., its officers, shareholden;,
directors, partners and employees and any mortgagee of LESSOR,
harm1ess against and from any arid all damages. losses,
liabilities. obligations, penalties, claims, litigation,
proceedings, or e:<penses of any kind or of any nature whatsoever
(including reasonable attot'neys' and experts' fees and
disbursement.s) which may at any time be imposed upon, incurred by
or asserted or awarded against LESSOR, or any of its officer~,
Ghareholders, partners, director~. or employees, arising out of a
breach of the preceding sentence of this paragraph. including the
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cost of removal of any and all SUC:1 Hazardou:; Materials trom all
or any portion of the Premises,
Hazarriou,';L_l:'L.'U:"'rialQ" The term "Hazardous Material~," as
us~d in this paragraph shall mean and refer to asbestos,
polychlorinated biphe:lyls, radioact i ve materials. pollutants,
contaminants, petroleum products or any other hazardous Or toxic
materials, waste and substances which are defined. determined or
identif~ed as such in, Or the removal of which is required or thc
use, handling, deposit or storage of which is restricted,
prohibited, regulated or penalized under, any federal, state or
local laws, rules. codes, ordinances or regulations (whether now
or hereafter existing, enacted or promulgated) or any judicial or
administ~,Q.t. i ve interpret.aeion of any chereof, including any
judicial or administrative orders or judgments, exce?t for items
normally sold from or used in retail stores.
PARKING
LESSEE shall have the use of available parking on the
Premi.ses in common with othel.- tenants of the LSSSOR. Said
p~rk~ng shall be pro-rat.ed based on the pro rata share of che
facilities leased by the LESSEE, Provided however, LESSOR shall
provide for LESSEE'S use. parking spaces equal to the number
required by the local zoning ordinance. LESSEE shall ensure at
all times that parking does not interfere with loading and
docking facilities and tho access thereto.
MAINTENANCE
LF.SSOR agrees to keep ar.d maincain in good repair chc
strucCure including t.he. exterior walls and roof, driveways and
p~rking areas, water Ij,nes, sewer or septic lines, rain gutters
and dOYlnsnout.s, electrical service to the Premises; water service
co tbe Premises~' and sewer lines from the Premises.
LESSOR agree= to keep and m~intain in good repair the
major mechanical systems within the Premises, including
electrical, plumbing, heating. LESSOR warrants that at the
beginning of this lease, the heating and air conditioning units
are in operating order, I"ESSOR further agrees to maintain in
good repair the interior of the Premises including entrances and
plate glass windows.
LESSOR shall maintain the Premises, at LESSOR'S
expense, in a clean, orderly and sanitary condition, free of
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insects I r'odent.s, vel."nlin and other. pests I and shall not permit
undue accumulation of garbage. trash, rubbish and other refuGe,
L,ESSOR shall be responsi,ble for all routine mainteni:lnce,
including but not limited to, cleaning and/or replacement of
heating and air conditioning system filters, light bulb
replacement, faucGt washer repairs, electrical switch or outlet
repairs, etc.
It shall be the duty of the LESSOR to keep the
sidewalks, driveway, and loading areas clear of excessive
accumulated snow and i.ce so that they will be usable wi.thout
unreasonable inconvenience to LESSEE. Any snow accumulation will
be removed by LESSOR. LESSOR further agrees to maintain the lawn
and shrubbery,
LESSOR shall be Dreoared for and shall exercise
p:t'udence in the elimination of hazards to LESSEE'S employees and
invitces, S,~id hazal-ds shall include, but not be limited to
removal and salt.ing of ice in front of common accessways, remov21
of wate.);' fro:!! common floor areas where slippery conditions can b",
cn::atcd, inst;olla~,ion of light bulbs in common areaways, and
removal of debris and or ocher objects from common areaways.
LESSEE shall insure that all storage dnd display of
merchandize will oermit emergency crews to re~c~ elcctrica}
panels and doorways.
Anythil,g to the contr~1ry herein notwi thstanding, LESSEE
shall pay fer all damages to the Premises, and to equipment: and
lnstallations therein and to any and all other p3rts of LESSOR'S
property which <:100'"' necessit,Otted by any act: or l<lck of due car:c on
the part of LESSEE, its employees, agents, representatives, or
visitors. Tbc cost that will be requi,red in repairing such
damages shall, at LESSOR'S option, be considered as addit:ional
rent, payable together with the next installment of rent
hel-eillilbove s?ecified, the same to be paid after the date on
which such damage shall have been incurred, subject to, all the
provisions of this lease and of the relating law co default: in
p.;l.yment of rent. .
UTILITIES
LESSEE shall be responsible, at LESSEE'S expense, foX'
furnishi,ng all utilities other than water and sanitary sewer for
the Premises, Utilities sh~ll include fuel for heating,
elect.ricity and gas. l,ESSEE shall not be responsible for any
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increase ~n the amount of utilities used by other tenants which
result in a twenty p",,,cent, (20~") increase. in usage fo:<:, t.he prior
twelve (12) month period.
I,ESSOR'S responsibility for operating costs for the
Premises shall include water for sanicary and/or sprinkler
operCltion, and sanitary sewer.
In no evant shall LESSOR be liable. for the ~lality,
quantity, failure or inl;erruption of such ser'vices to the
Premises unless: such discontinuance of service is caused by the
negligence or intentional act of LESSOR.
RSFUSE REMOVAL
LESSEE shalJ. be responslb1e, at LESSEE'S expense, for
the removal of all refuse, Wdsee, and debris from the Premises.
T~~~S AND ASSESSMENTS
LESSOR "hull be responsible for the payment of all re"l
cst.:lte taxes levied aaainst the Premises, RC.:lI estate taxes
~'h;;lll be defined as those tux a.ssessments, equal to an amount
levied by the county <lnd t.ownship for calendar yc.'ar 1997 and the
school taxes for fiscal year 1997-1998. Any increase in ro",l
e::;tatc taxes due to mill<'lge increases, shall be the
responsibility of LESSE:~:, LESSOR shall provi.de copies of paid
tax receipts to LESSEE for real eSI;<'lt.e taxes and reimbursement
sh"ll be: mud", by LESSEE within ten (10) days of receipt,
FIRE INSURANCE
LESSOR shall be responsible for insuring the building
of which the Premises are a part against loss by fire and such
other hazards as are provided for by an exte~ded coverage
cndorsem",nt to a standard Pennsylvania insurance policy. LESSOR
shall lTIdint.ain at all times t.he amount of coveragE: required t.o
satisfy the minimum CO-insurance reqtlircrnents of the rating
bureilu,
LESSEE shall, as additional rent, be responsible for
its pro rata share of any increase in fire or extended cDverage
insurancc pJ:'cmiums required as a result of the LESSEE'S use and
occupancy of c.he PX'emise.s.
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r,ESSEE shall not do or st.ore anyt.hing on the Premises
which will increase the insurance rates for the building or
contents, In the event the cost of insurance shall be increased
by reason of LESSEE'S use or the materials kept or stored
thereon, LESSEE agrees to pay the additional cost of such
insurance within fifteen (15) days of receipt of olD invoice and
supporting documents thereof.
LESSEE shall be resoonsible for insuring its contents
stored in the demised premises against such hazards as it may
decj,de.
LESSOR shall not be l-esponsible for any loss or thcfL
of propercy of LESSEE unless che result of negligence or
intention~l net of LESSOR_
l.ESSOR shall be responsible. at LESSOR'S expense, for
furnishing fire excinguisl1ers, as required to meet local codes
and/or fire insurance underwritir:g. Such extinguishers shall be
properly placed in the Premises as of the beginning date of this
lease and shall be maintained and kept currently inspected by
LESSEE. All of LESSORS fire extinguishers shall be labeled with
LESSOR'S nat\te,
SlJRRENDER OF DEMISED PREMISES
LESSEE covenants and agrees to deliver up and surrender
to LESSOR possession of tIle Premises upon expi ration of this
lease, or its earl j,er termination as herein provided, broom cl'~an
and in as good condition and repair as the same sh~ll be at
commencement: of thc ter:n of this Lease Agreement, or may hwvc:
been put by the LESSOR during the continuance thereof, no!'mal
wear and tear and d,,,-mage by casualty excepted. Accepcance by
delivery of the Premises or opening same for business shall be
deemed conclusive evidence that the Premises were in good order
and condition at the commencement of the term of this Lease
Agreement.
LESSEE shall at LESSEE'S expense remove all property of
LESSEE and all alterat.ions, additions and improvements as to
which LESSOR shall have made the election herein provided. repair
all damage to the Premises caused by such removal and restore the
Premo.5es to the condition in which they were prior to the
installation of the articles 50 removed, normal wear and tear and
damage by cDsualty excepted, Any prooerty not so removed and as
to which LESSOR shaLl haVE; not: made s:J.id election shall be deemed
- 8 -
to have been abandoned by LBSSEE and may be .retained OJ: di~posed
of bv LESSOR, and LESSOR shall desire, LESSEE'S obligation to
obse~e or perform this covenant shall suYVive tl1e expLr:ation of
ello term or this Lease Agreement,
I,ESSOR'S AND LESSEE'S RELEASE OF !l.ECOVERY RIGHTS#:
The LESSOR and LESSEE hereby agree as follow: Each
party hereby releases the other from any claim for recovery for
any loss or damage to any of its property which is insured under
valid and collectible insuranoe Dolicies to the extent of any
recovery collectible under-such insurance. It is further agreed
chat this we.iver shall apply only when permitted by the
applicable policy of insurance.
LIABILlTY INStmANCE
LESSEE agrees to indemni. fy and save harmless th," LESSOR
from any causality cl"im or 108." arising by reason of LESSEE's
use or misuse of the Premises or bv reason of an accident or
d::lmage 1;:0 any person or propert.y hapPol'ling on the Premises unless
caused by th", negligence or intentional ace of LESSOR. LESSEE
agrees that it will provide a policy or policies of insurance in
an amount noc. les5 than One Mill ion Dollars ($1,000,000.00)
combined single limit, bodily inJury and propcrc.y damage
liabi,lity for e;;:ch occurrence B:1d aggregate, LESSOR, SHALL BE
NAMED ,!\S ~_N JI-DDITT.ONAL INSURED IN .!\NY INSURANC;:: POLICY OR
POLICIES OR CERTIFICATES AS EVIDENCE THEREOF, IN TEE EVENT OF A
SUBLEASE, THEN LESSOR !>.ND SUBLESSOR SHALL BE NAMED AS AN
ADDITIONAL lNsti'RED. Cert. ific:at",s of insurance shall be provi ded
to LESSOR by LESSEE, Such ce~Lificates shall provide thae che
in::;uranc<2 may not be canceled wH,hout the LESSOR receiving
wri tten notice from LESSEe: I S insurance Ct;lrrj er at. least then (10)
days prior to such cancellation,
Certificates of such insurance shall be delivered to
LESSOR a minimum of Fift12en (15) days following possession of the
Premises by LESSEE with renewals thereof delivered to LESSOR d
minimum of thirty (30) days prior to the expiration of any such
policies. If requested to do so, LESSEE shall also provide
LESSOR with copies of the pertinent portions of all such policies
and shall also permit LESSOR to examine the original policies,
Each policy and certificate evidencing the same shall contain an
agreement by c.he insurer thax such policy shi:l.ll not be canceled
or modified without ten (10) days' written notice to LESSOR and
that no act or omission of 1.ESSEE shi:l.ll invalidate the interest
- 9 -
o[ LESSOR under such insurOlnce, If LESSEE fails to obtain and
maintain any such insurance or to deliver any of the certificates
a!; required in this Lease, LESSOR may, in addition to any other
remedy under this Lease, procure such insurance at the expe.nf.:,e of
LESSEE and pay the cost thereof, Such cost shall be deemed
additional rent and shall be p.:lyable by LESSEE to LESSOR
immediately upon demand.
DESTRUCTION
(1) In the event of:
(a) .:l partial destruction of the Premises OJ:' the
building co:ot:.1ning :;.ame during the term, which requ.Lres repaj.,,~;
(,0 either: tb:~ Premises or the buDding, or
(b) the Premises or the building being declared
unsafe or u,,-fit for occupancy by an authorized public authority
for any rc,~s{)n other Lh.:ln Lessee I s act:, use, or occupation I which
declar[ltion requires repairs to either the Premises or tile
building. L~SSOR shall. within ten (10) days following the date
of d05t~'llct.!.on, me.):e a decision ~lhethcr the repai~-s can be
reas;onably made undQr the laws and regulations of i:luthori::ed
public i:lutho~ities within a period of sixty (60) cays. and. it
such repai~s can be made within said (60) d3Y period, notify
LESSEE th2t L2SS0R will make such re'Oairs and forthwith m::lks: such
repairs. Such pan,ial destructioa. including any destruction
necessary i:~ order to make repairs required by any such
declar:<tion, sh,3.1l in no way fmnul or void this '-ease Agreement
exceOL that LESSEE shnll be enciclEd to a proDorcionate reduction
to b;" ba:,ed upon the extent to which the making of sach repair
shall in::.er'len' with the business carried on by LESSEE in the
premi:scs.
(2) If such repairs cannot bc mad~ with~n sixty (60)
days, and providing such destruction or repairs will not
materially <~ffect J"ESSEE'S conduct of business, LESSOR may, at
LESSOR'S oDCion. make same within a reasonable time, this Lease
Agreement cor.;:,inuing in full force and effect and the rent
proportionately abated as in this paragraph provided,
(3) In the event that the LESSOR elects not to make
such repairs which require more than sixty (60) days to complete,
Ot. such repairs cannot be made under existing lc:.w~ and
regulations, LESSOR shall so notify LESSEE: within ten (10) day"
- 10 -
following eh,", dcstrucl:ion and this, LOuse: Agt'eemcnt may be;;
terminated ae the option of either party.
(41 If such repairs cannot be completed within onc
hundred twenty (1201 days from the date of such partial
descruceion or declaration. or if LESSOR elects to make such
repairs and is unable to complete :;.,ame within one hundred ewenty
(120) days, as aforesaid, the LESSEE may terminate this Lease
Agreement upon thirty (30) days written notice to ehe LESSOR ot
such cl(;-~ction.
(5) The total destruction, including any dosl:I,'uction
required by any public au:::ho:rity, of et.ther the premises or the
building shall terminate this Lease Agreement automuciC:ulIy,
J',SSIGNMBN'I'
LESSEE will not assign this Lease Agreement nor
u..'1derlp.t, no,t' in any manner dispose of the Premises or any par\.:
thereof witholl;; CflC wdtten conse;).t of the LESSOR., which consent
will no\.: be unn"asonablv withheld. If LSSSEE should secure a new
tenant acc~peable to th~ LESSOR, LESSOR agrees to release LESSEE
from any fun,t,cl:' liability I.mder this Lease Agreeme.nt. Xi LESSEE
shall become insolvent or be declared a bankrupt or shall make an
assignment for ch'c bencfic of creditor:s, or have an eXlCcution
isnucd against LESSEE, th'C whole of ehe rent'for the then entire
term shall immedi ately become (lUe and paya.ble_
SIGNS
LESSEE shall have the right to maintain appropriate
advertising signs on or appurtc~ant co the premises, or, where
provided by the LESSOR, in the "',"""15 designated by the LESSOR;
however, no sign.:; shall be pa.inted on the building i. tself. It
shall be t;he responsibility of the I,ESSEE to secure approval for
its signs from t-he appropriate municipal authoritIes. I,ESSOR
shall retain the right t.o approve any sign or signs of LESSEE,
including the method of attachmene to the building, which consent
shall not be ul'.reasonably wit;~lheld, It is agreed thilt signe,gc in
conformitv with Exhibit is .~cceot:able,
- -
LESSEE ALTER-'l.TIONS
LESSEE will not, without: the prior writte~ consent of
the LESSOR, make any alter'ation, addition, or change in or to the
Premises, nor in any way deface or mutilate the walls, floors,
- 11 "
ceiling, 01' othe2.- parts thereof, nor do or keep anytJ1ing OIl thQ
Premises which will affect the insurance against fire or other
hazards or the rate thereof, or which shall violate any law or
gov",rnrnent regulation, nor will LESSEE permit or suffer c~nything
to be done which is prohibit.ed in this paragraph.
All alterati.ons and additions made bv the LESSEE to
LESSOR'S buildj,ng, including electrical, plumbing, HVAC,
structural changes, offices. etc,. shall rem,'1.in and become: the
property of the LESSOR, not to include LESSEE'S racking, display
or trade fixtures, 1,ESSOR, at LESSOR'S opt ion, may require:
LESSEE, at LESSEE'S cxnense to restore the Premises to the
conditi,on existing at the beginning of this lease, normal wear
~nd tc~r and damaae bv casual tv exceDted. Unle~~ otherwise
.3pprov<:;d in writing by the parties h;?-reto, there shall. be nO
E:xcQPtion~~ tc.) this TJease Ag~eement provision.
LESSOR INSPECTION
LESSO:i. shall have the right: after not.ice (except in the
event of emergency) to enter the Premises during the normal
business hours of the LESSEE tor the purpose of inspecting the
Premises and for the purpose of making repairs required therein,
LFSSOR shall have the right to enter the Premises at any time, by
master key or by force, if necessary, for pu:!:'po5e~ of preventing
damage, making of emergency repairs, fOr the purpose of distraint
and to enforce any provisions of this Lease l'Igreeme;nt,
LESSOR or LESSOR'S agent shall have the right to show
the Premi~es to prosp~ctive tenants at any time during the three
month period prior to the lease terminac.ion, LESSOR or LESSOR'S
agent may show the Premises to prospective purchasers at any
tim',~. LESSOR 0:: LESSOR'S agent will make a diligent ef fort to
notify the LESSE;S of any intent to show the Premises and will
attempt to do 50 durir.g normal business hours.
CONDEMNATI ON
If, during the term of this Lease Agreement, the whole
or any part of the Premises shall be taken under the power of
Eminent Domain by any public, quasi-public, or private authority,
then in such event, the proceeds of said condemnation shall be
paid to LESSOR, except as hereinafter provided,
A, In the ev"nt the taking of the Premises shall
result, i.n a reduction in the $i::e of the building and/or parking
areas such that the remaining areas are not reasonably suited for
- 12 -
the conduct of LESSEE'S bus~ne"s t.nen LESSEE may terminate chis
Lc~se Agreement. at LESSEE'S election, by giving LESSOR sixty
(60) days notice of its election to terminate.
B. III the event the caking of the Premises shall
result in a reduction in the size of the building and LESSOR
shall determine that the cost of restoration of the building is
not reasonable and within the damages awarded by the condemning
authority, chen in such event, LESSOR may elect to terminate this
Lease Agreement by giving LESSEE sixty (60) days notice of its
election to terminate.
C, In the event the taking of the Premises shall
result in a reduction in the size of the building, and such
reduction does not: unreasonably affect. LESSEE'S business
opel",,,tion, then in such-event, this r.,ease shall cent inu8 in full
force and effect e~cept that the rental shall be reduced
proporeionately based on the reduceion of ehe Premises.
D. At sllch time ilS a nocice of intent to condemn is
received by LESSOR, LESSOR will immediately notify LESSEE of said
Dccion, and LESSEE may elece co participat~ in th~ negotiation
for th,~ purpose of limiting the damages f:r:olt\ such condemnation
and securing any claims which LESSEE may have for damages to lts
business, damages to the real estate excepted,
ADDITIONAL REMEDIES OF LESSOR
In addi.tion to all other remedies of the LESSOR, in the
event of default by LESSEE. uS hereinbefore provided, the
following remedies shall, at t:he option of the LESSOR, be
avai.lable:
A. If said rent or p<J.rt thereof shall remain in
arrears and u!lpaid for a period of ten (10) days following
writcen not:ice from LESSOR or LESSOR'S agont, LESSOR may at its
option re-enter and resume possession of the PremiSes and declare
this Lease Agreement and the tenclncy hereby created terminated,
and LESSOR may thereupon remoVE: all persons and property from the
Premises by any lawful means. If proceedings shall be commenced
by LESSOR to recover possession, either at the end of the term or
sooner termi.nation of this Lease Agreement for non-payment of
I'cnt, LESSEE specifically waives any right to any statutory
notice and agrees that five (S) days written notice shall be
Sllff j,ci('nt. LESSEE further agrees that notwi thstanding such
- 13 -
terminacion, it sholl remain lIable tor any rent due to LESSOR or
damDges caused to LESSOR prior thereto,
3, Except in the caBe of defaul t in I.'ental pi:lymcnts as
set forth above. LESSOR agrees that in the event of default,
LESSES shall be afforded a period of thirty (30) days after
written notice by Certified Mail of Buch default, to cure same,
before such deiault shall become act,ionablc under any provisl.on
of this Lease Agreement,
HOLDING OVER
Any holding over afceo:- the expiration of the term of
!:llis Lea::'e Agreement shall, at LSSSOR' S option upon notice to
j"ESSEL':. be construed co be a tenancy eitheo:- from month-to-month
or from year-co-year at the rent ilnd other payments herein
specified and shall otherwise be subject to the conditions,
covenants and agreement.s of this LCilse Agreement, If LSSSSi::
shull hold over after the cermi"2.tion af this Lease for any
n,acon wl1.;'itsoevec and LESSOR has notified LESSeE in writing that
5uch holding aveo:- shall not. be p'-,,~n;itted. LESSEE ell""ll pay ilS
liquidated damages and not as a penalty an amount equal t.o twice
the monthly rent in effect for the last month of LESSEE'S lawful
occupancy prorated for the period curio9 which such holding over
contj,nue~, Nevertheless, the acceotance of such amount bv LESSOR
shall be without prejudice to ,,,-ny other rights or remedies of
LESSOR at: low or in equir_y or unde:::- this Lease Agre'2m'?nt,
NON Wl\IVI:R
The failtJr'~ of LESSOit to insist in anyone or more
instances upon a strict performance of any covenant of this Le.asc:
Agr",ement:, or t.o exercise any right herein contained, shall not
be construed as a waiver for the future of such covenant or
ri,gnt. but the same shall continue in full force and effect,
unles"" the contrary is expressed in writ:.ing by LESSOR to LESSEE,
In every instance where approval is required by LESSOR
or LESSEE, such approval shall not be unreasonably withheld and a
n;sponse ~'hall be promptly given.
- J 4 -
PRO., RJ\TA SP.ARE
Wherever upro-rata. sha:ce" or "p:ropo:('tiona to sharel' is
mentioned in this Lease Agreement, pro-rata share or
proporti,onate share shall be defined as the ratio of the LESSEE'S
demised a!-ea Os compared to the tot::>1 net r",nt::>ble area of the
building of which the Premises is a part,
~
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QUIET BNJOYMENT
LE$SOR covenants tha.t LESSEE, on paying said rental and
performing covenants and conditions in this [,ease Agreement
contained, Shilll and may peaceably and quietly h<lve, hold and
enjoy tIle Pr,~mi<:;"s for the eneirc: term hen;of, including any
renewal term, subject to all the provisions of thi8 Lease
Agreemenc.
~
ATTOR...\lMENT
So long as LESSEE has quiet enj oyment of th(~ Premises.
tIESSEF.:, for it.5(~lf and it$ $UCC(;Sso'r.s and assigns, agrees to
att.orn to any percon who shall acquire title co the property by
virtue of a for0closure of th~' Deed of Tl'ust or deed given in
lieu of such foreclosure, or other",: ~.;e, and the f..ESSES fU::'t.her
agree:3 t.o execute and deli ve:r:, ~pon r~quest" an appropr:iate
agr.e'ernent.. mC!1lorializing eh(, actornmenc,
SUBORDINATION
This Lease Agreemc::1t, at LESSOR'S option and provided
the holder at the superior instru;ncrlt shall have agreed in
writing not. to disturb LESSEE'S possessions if LESSEE'S not in
defauJt, will be subordinate to ehe lien of any form of securicy
now or later placed on the propercy and to all advances made on
the security and to all renewals, modifications. consolidations,
replacements, and extensions, If any mortgagee, tru.stee, or
ground lessor electG to 11ave thi.s Lease Agreement: be prior to the
lien of its securi.ty, and gives written notice to LESSEE, th,is
lease "ill be deemed orior to said security. whether dated before
or after the date of the recording date of-the security,
ESTOPPBL CERTIfICATE BY TENANT
From time to time, upon not less than t\-/cnr..y (20) days
prior requese by LESSOR, LESSEE agrees to execute, acknowledge
and deli v.or to LESSOR or LESSEE'S de.s;lgnees a st.atement in
- lS -
writing certifying ch,:;r.; (a) chis Lease Agreement is unmodified
and in full force and effect or, if t.here have been
modifications, that the same is in full force and effect as
modified and identifying the modifications: (b) the. dates to
which the rene, additional re.nt and other charges have been paid,
and (c) LESSOR is not in default under any provisions of this
Lease Agr.eement: so far as the person making the certificate knows
or, if in default, specifying the default, It is intended that
any such statement may be relied upon by any persons proposing to
acql.l.i.:C6 LESSOR' S interest in this Lease Agreement or any
prospecti.ve mortgagee of, Or assigned of, any mortgage upon such
interest. LESSEE will provide such Estoppel Certificate no more
frequently th2.l1 semi-ann.ually.
DESCRIPTIVE HEADINGS
The descriptive headings in this agreement are inserted
for cO!lvcni'::nce in l:'c:fere:lcc only a.nd do not constitute a part of
this agreemont.
IN WIT~~SS WHEREOF, the parties have hereunto set the~r
hands and se3.1s the da.y and yea.!' first above written.
WITNESS;
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Patsy/L. Wheeler
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- 10 '.
Lessor's to do the following additions to the space:
.1. Put w.::1LtYr. ;,;~nd electric into the ware}1ouse cection.
2. Access to bathroom.
3.
Paint parking designation in front of building.
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4. P~ovide area for ~ignage,
5. Clean Que front garage I~ea.
6. Move oil tanks miscellaneous out back.
7. M':::1d i:md/ rl",place bLick are1l in froI~t..
8. :S~;ild tunnel connecting warehouse to showroom.
La~=cc's responsibilities to the space:
1. DrY.,.....a], 1. g,'=r:':1gc arCZI.
2. Ai= condition front a~ea.
3.
?~int all interiors
flco::::s.
may do in p~:ases) including
.1. Paine 1:11,= front Ztrc.J. in orde"!:" co de!.:.~igI1-;lte the store
c:-,?;[) .
- 17 ..
A-D-D-E-N-D-U-M
THIS AGREEMENT of Lease will run concurrent with LEASE executed
on the 30th day of October 1997 between PATRICIA L. HARBAIN (The
LESSEE) and CLAUDE WHEELER, SR. and PATSY 1... WHEELER, having its
Central office at 850 state Street, Lernoyne, PA. 17043 (The
LESSOR) ,
!iJ:.T.NESSETH
TERM AND RENT
LESSOR, for and in consideration of the rent, covenants and
agreements fully mentioned in the October 30th, 1997 Signed Lease
does by these presents LEASE to the LESSEE a portion of Real. Estate
at B50 State Street, Lemoyne, Pennsylvania containing an ADDITIONAL
,,::::.'t:;.CO square feet beginning on ~~:\&.I!!~r 1st 1998 for
a term to run concurrent with present lease at the ADDITIONAL rent
of $1,000.00 per month payable in advance, without demand, on the
first day of each month WITH current rent.
All convents and agreements fully mentioned in the October
30th, 1997 AGREEMENT remain in effect.
In WITNESS WHEREOF,
WITNESS: I
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LESSOR
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Claude Whe~ler, Sr.
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Patsy L. Wheeler
.WITNESS;
LESSEE
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Patricia L. Marbaln
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MICHAEL L. BANGS, ESQUIRE
J.D. No. 41263
429 South 18th Street
Camp Hill, P A 17011
(717) 730-7310
ATTORNEY FOR PLAINTIFF
vs.
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
STEVEN CARTER,
Plaintiff
NO. 2005-2455 CIVIL TERM
CJ2 GROUP, LLC and
PATRICIA L. MARBAIN,
Defendants
CIVIL ACTION
ACCEPTANCE OF SERVICE bv AUTHORIZED AGENT
I hereby accept service of the Complaint filed in the above-captioned matter on behalf of
the Defendant Patricia L. Marbain, and certify that I am authorized to do so.
McNEES WALLACE & NURICK, LLC
{tf&:~
Brian E. Crain, Esquire
100 Pine Street
Harrisburg, P A 17108-1166
(717) 237-5213
!.D. No. '1// l. I
----
DATE: SI/ '7/ C.3
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MICHAEL L. BANGS, ESQUIRE
LD. No. 41263
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
A TTORNEY FOR PLAINTIFF
vs.
)
)
)
)
)
)
"\
J
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
STEVEN CARTER,
Plaintiff
NO. 2005-2455 CIVIL TERM
Cl2 GROUP, LLC and
PATRICIA L. MARBAIN,
Defendants
CIVIL ACTION
ACCEPTANCE OF SERVICE bv AUTHORIZED AGENT
I hereby accept service of the Complaint filed in the above-captioned matter on behalf of
the Defendant cn GROUP, LLC, and certify that I am authorized to do so.
REAGER & ADLER, PC
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David W. Reagerh Esquire
2331 Market Stre~t
Camp Hill, P A 17011
(717) 763-1383
LD. No. "'2/0 i,' f
DATE:
5' /11/ V~/
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CO
MICHAEL L. BANGS, ESQUIRE
LD. NO. 41263
429 SOUTH 18TH STREET
CAMP HILL, P A 17011
(717) 730-7310
STEVEN CARTER,
Plaintiff
ATTORNEY FOR PLAINTIFF
vs.
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2005-2455 CIVIL TERM
CJ2 GROUP, LLC and
PATRICIA L. MARBAIN,
Defendants
CIVIL ACTION
TO: PATRICIA L. MARBAIN
DATE OF NOTICE: June 13,2005
IMPORTANT NOTICE
Required by Rule 237. 1 (a)(2)
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
1~<t~t~NJ. A~UlqJ
Attorney for Plaintiff
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MICHAEL L. BANGS, ESQUIRE
I.D. NO. 41263
429 SOUTH 18TH STREET
CAMPHILL,PA 17011
(717) 730-7310
STEVEN CARTER,
Plaintiff
ATTORNEY FOR PLAINTIFF
vs.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2005-2455 CIVIL TERM
CJ2 GROUP, LLC and
PATRICIA 1. MARBAIN,
Defendants
CIVIL ACTION
TO: CJ2 GROUP, LLC
DATE OF NOTICE: June 13,2005
IMPORTANT NOTICE
Required by Rule 237.1 (a)(2)
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOu.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
~cl~f l bt~
CHAEL 1. BA GS
Attorney for Plaintiff
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REAGER & ADLER, P.C.
BY: THEODORE A. ADLER, ESQUIRE
AttorneyI.D. No. 16267
Email: Tadler@ReagerAdlerPC.com
BY: THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
Email: Twilliams@ReagerAdlerPC.com
2331 Market Street
Camp Hill, P A 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for CJ2 Group. LLC
STEVEN CARTER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
y.
: No. 2005-2455
cn GROUP, LLC and PATRICIA L.
MARBAIN,
: CNIL ACTION .. LAW
Defendant
NOTICE TO PLEAD
To: Michael L. Bangs, Esquire
429 S. 18th Street
Camp Hill, P A 17011
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER WITH NEW MATTER WITHIJ'if TWENTY (20) DAYS
FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST
YOu.
Date: July 28, 2005
Respectfully :b/~
REAG~~;
TheodoLI:.. er, squire
AttorneyI.D. No. 16267
Thomas O. Williams, Esquire
Attorney J.D. No. 67987
2331 Market Street
Camp Hill, P A 17011-464
Telephone: (717) 763-1383
Attorneys for Defendant, CJ2 Group, LLC
REAGER & ADLER, P.C.
BY: THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
Email: Tadler@ReagerAdlerPC.com
BY: THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
Email: TwilIiams@ReagerAdlerPC.com
2331 Market Street
Camp Hill, P A 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for CJ2Group. LLC
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
STEVEN CARTER,
y.
: No. 2005-2455
CJ2 GROUP, LLC and PATRICIA L.
MARBAIN,
CIVIL ACTION - LAW
Defendant
DEFENDANT, CJ2 GROUP, LLC'S ANSWER WITH NEW MATTER
I. Admitted upon information and belief.
2. Admitted.
3. Admitted.
4. Admitted in part, Denied in part. It is admitted upon information and belief that
Plaintiff Carter purchased real estate known as 900 State Street on or about May 14, 2004. A
legal description attached to the Complaint as Exhibit "A" as a written document speaks for
itself. Inasmuch as Defendant CJ2 has not been able to determine the accuracy of the purported
legal description, the accuracy of said document is not admitted to and strict proof of its accuracy
is demanded at trial.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted in part, Denied in Part. It is admitted that the previous owners entered
into a Lease Agreement with Defendant Marbain. The Lease Agreement referenced in Paragraph
8 as a written document speaks for itself. To the extent that the averments of Paragraph 8 are
inconsistent therewith, said averments are denied. By way of fi~rther answer, Defendant CJ2
accepted an assignment of the Lease Agreement at the time it purchased the property known as
850 State Street.
9. Admitted with the clarification that both Defendamt cn and Defendant Marbain
obtained and retain all legal and equitable rights of the lease bel'.veen the previous owner and
Defendant Marbain.
10. Admitted. By way of further answer, although Carter is not a party to the Lease
Agreement, he purchased 900 State Street subject to the Lease Agreement and Defendants' rights
therein.
11. Denied. The parking rights and use of parking spaces by Defendant CJ2 and
Defendant Marbain are not limited to 850 State Street. The parking rights and use of the parking
spaces are set forth in the Lease Agreement which preexisted the sale of the premises purchased
by Carter and are enforceable and are rights which supersede the agreement between Carter and
the previous owner ofthe premises. As such, Carter takes subject to the Lease Agreement and
all rights contained therein.
12. Admitted. By way of further answer, Defendant Marbain has the right to use the
parking spaces for use by its customers and employees. By way of further answer, Defendant
cn incorporates herein by reference its New Matter which follows.
2
13. Admitted. By way of further answer, Defendant CJ2 incorporates herein by
reference its New Matter which follows.
14. Denied. Neither Defendant Marbain nor Defendant cn have any signage located
on Carter's premises.
15. Denied. Neither Defendant Marbain nor Defendant cn have a sign located on
Carter's premises.
16. Denied. Neither Defendant Marbain nor Defendant CJ2 have a dumpster located
on Carter's premises.
17. Denied. Neither Defendant Marbain nor Defend:mt CJ2 have a dumpster located
on Carter's premises.
18. Denied. It is denied that Defendant Marbain is dumping various trash or other
material on Carter's premises.
19. Denied. It is denied that Defendant Marbain or Defendant cn is dumping any
trash or material on Carter's premises.
COUNT I
OUIET TITLE
20. No responsive pleading required.
21. Admitted. By way of further answer, Defendant eJ2 incorporates herein by
reference its New Matter which follows.
22. Denied. It is specifically denied that the Lease Agreement solely involves the
property owned by Defendant en located at 850 State Street. By way of further answer, the
Lease Agreement precedes Carter's purchase of 900 State Street, and, as such, Carter takes
3
subject to the lease and all rights of the Defendants contained therein. By way of further answer,
Defendant CJ2 incorporates herein by reference its New Matter which follows.
23. Denied. The Lease Agreement as a written document speaks for itself. To the
extent that the averments of Paragraph 23 are inconsistent therewith, said averments are denied.
By way of further answer, the Lease Agreement precedes the purchase of the premises by Carter
and, as such, Carter takes subject to all rights of Defendants CJ2 and Marbain under the lease.
By way of further answer, Defendant cn incorporates herein by reference its New Matter which
follows.
24. Denied. The Lease Agreement as a written document speaks for itself. To the
extent that the averments of Paragraph 24 are inconsistent therewith, said averments are denied.
25. Denied. It is specifically denied that Defendant Marbain has not been provided
with parking rights under the Lease Agreement. By way of further answer, Defendant Marbain
received and retains all parking rights under the Lease Agreement to which Carter is now
subject.
26. Denied. The averments of Paragraph 26 constitute conclusions oflaw to which
no responsive pleading is required. To the extent that an answer is judicially deemed required,
Defendant CJ2 denies each and every factual averment.
27. Denied. Inasmuch as neither Defendant CJ2 nor Defendant Marbain currently
have any signage located on Carter's premises, the allegations contained in Paragraph 27 are
moot.
28. Denied. Inasmuch as neither Defendant en nor Defendant Marbain have located
any dumpsters on Carter's premises, the averments of Paragraph 28 are moot.
4
WHEREFORE, Defendant, CJ2 Group, LLC, respectfully requests this Honorable Court
to enter judgment in its favor and to dismiss Plaintiffs Complaint with prejudice and costs.
COUNT II
EJECTMENT
29. No responsive pleading required.
30. Admitted. It is admitted that Defendant Marbain continues to use the parking
spaces located on Carter's premises and that Carter has made requests that Defendant Marbain
desist in using those parking spaces. By way of further answer, Defendant CJ2 incorporates
herein by reference Paragraphs 1 through 29 above and its New Matter which follows.
31. Denied. It is specifically denied that either Defendant CJ2 or Defendant Marbain
have a sign located on Carter's premises. By way of further answer, neither Defendant CJ2 nor
Defendant Marbain have a sign located on Carter's premises.
32. Denied. It is specifically denied that Defendant cn or Defendant Marbain have
any dumpsters located on Carter's premises.
33. Denied. The averments of Paragraph 33 constitute conclusions oflaw to which
no responsive pleading is required. By way of further answer, Defendant cn incorporates
herein by reference its New Matter which follows.
34. Denied. The averments of Paragraph 34 constitute conclusions oflaw to which
no responsive pleading is required. By way of further answer, m:ither Defendant CJ2 nor
Defendant Marbain have any signs or any dumpsters located on Carter's premises. By way of
further answer, Defendant CJ2 incorporates herein by reference its New Matter which follows.
WHEREFORE, Defendant, CJ2 Group, LLC, respectfully requests this Honorable Court
to enter judgment in its favor and to dismiss Plaintiffs Complaint with prejudice and costs.
5
NEW MATTER
35. Defendant's claims are barred in whole or in part by the doctrines of waiver and
estoppel.
36. The Lease Agreement between Defendant Marbain and the prior owners of 900
State Street authorize Defendant Marbain to use parking spaces for its employees and customers.
37. Plaintiff had actual notice and actual knowledge prior to agreeing to purchase 900
State Street from the prior owner of 850 State Street and 900 State Street that Defendant Marbain
was using, and had a right to continue to use, parking spaces located on 900 State Street for
Defendant Marbain's employees and customers.
38. Any and all injury or damage alleged to have been suffered by the Plaintiff were
caused by the Plaintiff's own failure of due diligence prior to agreeing to purchase the property
at 900 State Street, which purchase was subject to the lease between Defendant Marbain and the
previous owner of 900 State Street.
39. Neither Defendant Marbain nor Defendant CJ2 have any dumpsters or signage
located on Carter's premises.
40. Plaintiff's claims are barred due to Plaintiff's failure to mitigate its alleged
damages.
41. Defendant Marbain as tenant of Defendant CJ2 is justified in using such parking
spaces as needed by its customers and employees.
42. Both Defendants have the right to utilize parking spaces pursuant to the Lease
Agreement which preceded the Plaintiff's purchase of900 State Street.
43. Prior to the confirmation of Carter's purchase of900 State Street he advised both
CJ2 and CJ2's and Carter's real estate agent that he acknowledged Defendant's rights to parking
6
at 900 State Street, and that he understood that he was purchasing 900 State Street subject to
those parking rights.
44. Plaintiffs Complaint fails to set forth a cause of action upon which relief can be
granted.
45. Plaintiff's claims are barred by laches.
WHEREFORE, Defendant, CJ2 Group, LLC, respectful! y requests this Honorable Court
to enter judgment in its favor and to dismiss Plaintiff's Complaint with prejudice and costs.
Date: July 28, 2005
Theo ore .'Adle, sq .
Attorney LD. No. 16267
Thomas O. Williams, Esquire
Attorney LD. No. 67987
2331 Market Street
Camp Hill, P A 17011
Telephone: (717) 763-1383
Attorneys for Defendant, cn Group, LLC
7
VERIFICATION
I, Chris Zampogna, ~E'51 DE(v--r-
of Cl2 Group, LLC, verify that I am
authorized to verify the averments of the foregoing document are true and correct to
my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn
falsification to authorities.
Date:
7/26- Is
, ,
CERTIFICATE OF SERVIC~
AND NOW, this 28th day of July, 2005, I hereby verify that I have caused a true and
correct copy of the foregoing document to be placed in the U.S. mail, UPS overnight delivery,
postage prepaid and addressed as follows:
Michael L. Bangs, Esquire
429 S. 18th Street
Camp Hill, PA 17011
And
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Kimberly M. Colonna
PA I.D. No 80362
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
Phone: (717) 232-8000
Fax: (717) 237-5300
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL V ANlA
STEVEN CARTER,
v.
CJ2 GROUP LLC and P A TRIClA L.
MARBAlN,
NO. 2005-2455 CIVIL TERM
Defendants
NOTICE TO PLEAD
To: Steven Carter and Michael L. Bangs, his attorney; and
CJ2 Group LLC and David W. Reager, its attorney
You are hereby notified to file a written response to the enclosed New Matter,
Counterclaim, and Cross Claim within twenty (20) days from service hereof or a judgment may
be entered against you.
McNEES WALLACE & NURICK LLC
By ~rl~M.~~
LD. No. 80362
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5300
Attorneys for Patricia 1. Marbain
Dated: July ~8', 2005
Kimberly M. Colonna
PA I.D. No 80362
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
Phone: (717) 232-8000
Fax: (717) 237-5300
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
STEVEN CARTER,
v.
CJ2 GROUP LLC and PATRICIA L.
MARBAIN,
NO. 2005-2455 CIVIL TERM
Defendants
PATRICIA L. MARBAIN'S ANSWER, NEW MATTER, COUNTERCLAIM
AND CROSS CLAIM
Defendant Patricia L. Marbain ("Marbain"), by and through her undersigned counsel,
states the following for her Answer with New Matter, Counterc:laim, and Crossclaim:
1. Admitted upon information and belief.
2. Admitted upon information and belief.
3. Admitted.
4. Admitted upon information and belief.
5. Admitted upon information and belief.
6. Admitted.
7. Admitted upon information and belief.
8. Admitted in part and denied in part. Marbain admits that she entered into a lease
agreement for 850 State Street and admits that a true and correct copy ofthe lease agreement is
attached as Exhibit B to the Plaintiffs Complaint. The remaining averments of this paragraph
attempt to characterize the contents of the lease agreement which is a writing that speaks for
itself, so those averments are denied.
9. The averments of this paragraph constitute conclusions oflaw to which no
response is necessary.
10. Admitted.
11. Denied. The averments of this paragraph attempt to characterize the contents of
the lease agreement which is a writing that speaks for itself, so the averments are denied. By
way of further answer, the lease agreement requires the Lessor t.o provide parking for the
Lessee's use and specifically states that she has the right to share parking with other tenants of
the Lessor. From January 1998 through the present, Marbain has made use of parking areas at
900 State Street in accordance with the terms of the Lease.
12. Admitted with clarification. Marbain admits that she has made use of various
parking spaces on the Premises owned by Plaintiff and admits t.hat Plaintiff has requested that
she cease this activity. By way of clarification, Marbain's use of parking spaces located at 900
State Street has been ongoing since January 1998.
13. Admitted.
14. Admitted in part and denied in part. Marbain admits that a sign advertising her
business had been located on the Premises now owned by Plaintiff and admits that Plaintiff
requested that the sign be removed. Marbain denies that any sign advertising her business is
currently located on Plaintiffs Premises as that sign was removed. By way of further answer, the
Lease authorizes Marbain to display her sign in the area designated by the Lessor, and the Lessor
2
and former owner of 900 State Street permitted Marbain to display a sign at 900 State Street.
Therefore, although Marbain moved the sign, she was under no legal obligation to do so.
15. Denied. Byway of further answer, the sign has been removed.
16. Denied. Marbain denies that she located a dumpster on Plaintiff's Premises. By
way of further answer, Marbain makes use of a dumpster provided by en and Marbain is not
aware of whether that dumpster is located on Plaintiff's property or not.
17. Denied. By way of further answer, the dumpster does not belong to Marbain, so
she is not in a position to move it.
18. Denied. Marbain denies that she has dumped trash and other material from her
business on Plaintiff's Premises.
19. Denied. Marbain denies that she has dumped trash or business debris on
Plaintiff's Premises and denies that she is currently dumping tra.sh or debris on Plaintiff's
Premises.
COUNT I - QUIET TITLE~
20. Marbain incorporates herein by reference paragraphs one (1) through nineteen
(19) of her answer above.
21. Admitted in part and denied in part. Marbain admits that she has asserted that she
has a right to use the parking areas located on Plaintiff's premises. After reasonable
investigation, Marbain lacks sufficient knowledge or information to form a belief as to the truth
of the allegations ofthis paragraph which relate to assertions made by another defendant.
Accordingly, those averments are denied.
3
22. Denied. The averments of this paragraph attempt to characterize the contents of
the lease agreement which is a writing that speaks for itself, so the averments are denied. By
way of further answer, the lease agreement requires the Lessor to provide parking for the
Lessee's use and from January 1998 through the present, Marbain has made use of parking areas
at 900 State Street because 850 State Street does not have adequate parking areas.
23. Denied. The averments of this paragraph attempt to characterize the contents of
the lease agreement which is a writing that speaks for itself, so the averments are denied. By
way of further answer, the lease agreement requires the Lessor to provide parking for the
Lessee's use and from January 1998 through the present, Marbain has made use of parking areas
at 900 State Street because 850 State Street does not have adequate parking areas.
24. Denied. The averments of this paragraph attempt to characterize a portion of the
lease agreement which is a writing that, taken in its entirety, speaks for itself. The averments of
this paragraph attempt to characterize the contents of the lease agreement which is a writing that
speaks for itself, so the averments are denied. By way of furth,~r answer, the lease agreement
requires the Lessor to provide parking for the Lessee's use and from January 1998 through the
present, Marbain has made use of parking areas at 900 State Street because 850 State Street does
not have adequate parking areas.
25. Denied. The averments of this paragraph attempt to characterize the contents of
the lease agreement which is a writing that speaks for itself, so the averments are denied. By
way of further answer, the lease agreement requires the Lessor to provide parking for the
Lessee's use and from January 1998 through the present, Marbain has made use of parking areas
at 900 State Street because 850 State Street does not have adequate parking areas.
4
26. Denied. The averments of this paragraph constitute conclusions oflaw to which
no response is required. To the extent that a response is deemed necessary, Marbain denies the
averments.
27. Denied. The averments of this paragraph constitute conclusions oflaw to which
no response is required. To the extent that a response is deemed necessary, Marbain denies the
averments.
28. Denied. The averments of this paragraph constitute conclusions oflaw to which
no response is required. To the extent that a response is deemed necessary, Marbain denies the
averments.
WHEREFORE, Defendant Patricia Marbain requests that the Court deny the declaratory
relief sought by the Plaintiff, enter judgment in favor of Marbain, and award Marbain her costs
of suit.
COUNT II - EJECTMENT,
29. Marbain incorporates herein by reference paragraphs one (1) through twenty-eight
(28) of her answer above.
30. Admitted in part and denied in part. Marbain admits that she continues to use the
parking spaces located on Plaintiff's Premises despite Plaintiff's repeated requests. After
reasonable investigation, Marbain lacks sufficient knowledge or information to form a belief as
to the truth of the allegations of this paragraph which relate to the actions of another defendant.
Accordingly, those averments are denied.
31. Denied. The sign advertising Marbain's business has been removed from
Plaintiffs Premises.
5
32. Denied.
33. Denied. The averments of this paragraph constitute conclusions oflaw to which
no response is required. To the extent a response is deemed necessary, Marbain denies the
averments.
34. Denied. The averments ofthis paragraph constitute conclusions oflaw to which
no response is required. To the extent a response is deemed necessary, Marbain denies the
averments.
WHEREFORE, Defendant Patricia Marbain requests that the Court enter judgment in
favor of Marbain and against Plaintiff and award Marbain her costs of suit.
NEW MATTER
35. Marbain incorporates herein by reference paragraphs one (I) through thirty-four
(34) above.
36. Since January 1998, Marbain has leased a portion of the property located at 850
State Street, Lemoyne, Pennsylvania.
37. Marbain's lease is documented in a lease agreement (the "Lease") that is attached
as Exhibit B to the Plaintiffs Complaint.
38. At the time the Lease was signed, the property located at 850 State Street and the
adjacent property of 900 State Street were owned in common by the Lessor, Claude Wheeler, Sr.
and Patsy 1. Wheeler.
39. The Lease requires that the Lessor "shall provid.e for LESSEE'S use, parking
spaces equal to the number required by the local zoning ordina.nce." Complaint, Ex. B, p. 5.
6
40. Because the property located at 850 State Street does not contain sufficient
parking spaces, since January 1998, Marbain has consistently made use of the parking spaces
located at 900 State Street.
41. Marbain's use of the parking spaces has been conspicuous and consistent.
42. Upon information and belief, Plaintiff knew that Marbain was using the parking
spaces at 900 State Street prior to the time that Plaintiff purchasl:d 900 State Street.
43. Reasonable inspection and inquiry would have resulted in the discovery of
Marbain's use ofthe parking spaces located at 900 State Street.
44. A purchaser ofreal estate is bound by such condiitions as are apparent and the
rights of any party in possession which an inquiry of that party would have elicited.
45. Marbain's use of the parking spaces created an implied easement pursuant to
which Marbain has the legal right to continue to use the parking spaces located at 900 State
Street.
46. Plaintiff's purchase of 900 State Street is subject to Marbain's use of the parking
spaces located on that property.
WHEREFORE, Defendant Patricia Marbain requests that the Court enter judgment in
favor of Marbain and against Plaintiff and award Marbain her (:osts of suit.
COUNTERCLAIM - OUlET TITLE
Patricia Marbain v. Steven Ca,rter
47. Marbain incorporates herein by reference paragraphs one (1) through forty-six
(46) of her answer and new matter above.
7
48. Pursuant to the terms of the Lease and her consistent and conspicuous use of the
parking spaces located on Plaintiffs property, Marbain has acquired an easement in the parking
spaces located at 900 State Street.
49. Plaintiff has interfered with Marbain's right to use the parking spaces located at
900 State Street.
50. Plaintiff has asserted that Marbain has no legal right to use the parking spaces
located at 900 State Street.
51. A controversy over Marbain's legal right to use the parking spaces located at 900
State Street exists.
WHEREFORE, Marbain requests that the Court issue an order:
(1) declaring that that Patricia Marbain has the legal right to use the parking spaces
located at 900 State Street for the duration ofthe Lease;
(2) ordering Steven Carter to cease and desist from inte:rfering with Marbain's right to
use the parking spaces located at 900 State Street; and
(3) providing such other relief as the Court deems appropriate.
CROSSCLAlM - BREACH OF LEASE
Patricia Marbain v. CJ2 Group LLC
52. Marbain incorporates herein by reference paragraphs one (1) through fifty-one
(51) of her answer, new matter, and counterclaim above.
53. The Lease was assigned to CJ2 when cn purchased the property located at 850
State Street.
54. Pursuant to the terms of the Lease, cn is obligated to ensure that Marbain can
peaceably and quietly enjoy the property subject to the Lease.
8
55. CJ2 has failed to provide ensure Marbain's quiet enjoyment of the property
subject to the Lease because it has allowed Plaintiffto interfere with Marbain's use ofthe
parking spaces and has not defended Marbain from the claims asserted by Plaintiff in this suit.
56. Pursuant to the terms of the Lease, cn is obligat\:d to provide adequate parking
for Marbain's use.
57. The property located at 850 State Street does not contain an adequate number of
parking spaces for Marbain's use.
58. In this action, Plaintiff has asserted that Marbain has no right to use the parking
spaces located at 900 State Street. Although Marbain denies that allegation, if the Court rules in
favor of Plaintiff, CJ2 will be in breach of its obligation to provide adequate parking for
Marbain.
59. The property located at 850 State Street has also been subject to water penetration
and flooding during rain storms.
60. Marbain has experienced flooding and water damage several times.
61. Marbain repeatedly complained of the flooding Imd water damage to CJ2,
62. Despite Marbain's complaints to CJ2, the problems with flooding and water
penetration continued for several months.
63. CJ2 breached the warranty of habitability by failing to provide Marbain with a
premises that is adequate for Marbain's purposes.
64. The Lease requires en to keep and maintain thll building in good repair.
65. CJ2 breached the Lease by failing to keep the building in good repair which has
resulted in water penetration and flooding.
9
66. The flooding and water penetration caused damage to property that Marbain uses
in the business she conducts at 850 State Street.
WHEREFORE, Marbain requests that judgment be entered in her favor and against
Defendant cn and that Marbain be awarded compensatory damages, attorneys' fees, interest,
and costs of suit.
McNEES WALLACE & NURICK LLC
By
~11,U~
'mberly M. ColO1ma
LD. No, 80362
100 Pine Street
p, O. Box 1166
Harrisburg, PAl 7108-1166
(717) 237-5300
Attorneys for Defendant Patricia 1. Marbain
Dated: July ~, 2005
10
VERIFICATION
Subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to
authorities, I hereby certify that I have reviewed the foregoing and that the facts set forth therein
are true and correct to the best of my knowledge, information and belief.
/.----
I~
Date: July)L, 2005
CERTIFICATE OF SERVIn;
The undersigned hereby certifies that on this date a true and correct copy of the
attached document was served by first-class United States mail, postage prepaid, on the
following:
Michael L. Bangs
429 S. 18th Street
Camp Hill, PA 17011
Attorney for Plaintiff
David W. Reager
Reager & Adler
2331 Market Street
Camp Hill, PA 17011
Attorney for Defendant CJ2 Group, LLC
~fl/. L~
Kim erly . Colonna
Dated: July .;1.<',2005
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REAGER & ADLER, P.C.
BY: THEODORE A. ADLER, ESQUIRE
Attorney LD. No. 16267
Email: Tadler@ReagerAdlerPC.com
BY: THOMAS O. WILLIAMS, ESQUIRE
Attorney LD. No. 67987
Email: Twilliams@ReagerAdlerPC.com
2331 Market Street
Camp Hill, P A 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attornevs for CJ2 GrouP. LLC
STEVEN CARTER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 2005-2455
cn GROUP, LLC and PATRICIA L.
MARBAIN,
: CIVIL ACTION - LAW
Defendant
NOTICE TO PLEAD
To: Kimberly M. Colonna, Esquire
McNees, Wallace & Nurick
100 Pine Street, P.O. Box 1166
Harrisburg, l' A 171 08-1166
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER TO CROSSCLAIM WITH NEW MATTER WITHIN
TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE
ENTERED AGAINST YOU.
Date: August 8, 2005
T/ ore A. Adler, Esquire
Attorney LD. No. 16267
Thomas O. Williams, Esquire
Attorney LD. No. 67987
2331 Market Street
Camp Hill, P A 17011-464
Telephone: (717) 763-1383
Attorneys for Defendant, CJ2 Group, LLC
REAGER & ADLER, P.C.
BY: THEODORE A. ADLER, ESQUIRE
Attorney I.D, No. 16267
Email: Tadler@ReagerAdlerPC.com
BY: THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
Email: Twilliams@ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attornevs for CJ2Group. LLC
STEVEN CARTER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 2005-2455
cn GROUP, LLC and PATRICIA L.
MARBAIN,
CIVIL ACTION - LAW
Defendant
DEFENDANT. CJ2 GROUP. LLC'S ANSWER TO CROSS CLAIM
WITH NEW MATTER
CROSS CLAIM-BREACH OF LEASE
52. No responsive pleading required.
53. Admitted.
54. Denied. The Lease referenced in Paragraph 54 as a written document speaks for
itself. To the extent that the averments of Paragraph 54 are inconsistent therewith, said
averments are denied.
55. Denied. It is specifically denied that cn has failed to provide or insure
Marbain's quiet enjoyment of the property subject to the Lease. By way of further answer, cn
at all times has provided Marbain with quiet enjoyment of the leased premises, notwithstanding
the Plaintiff s unjustified and illegal interference with Marbain' s use of the parking spaces.
56. Denied. The Lease referred to in Paragraph 56 as a written document speaks for
itself. To the extent that the averments of Paragraph 56 are inconsistent therewith, said
averments are denied.
57. Denied. But for the unjustified and unlawful actions of Plaintiff Carter, there
would be adequate spaces.
58. Admitted in part, Denied in part. It is admitted that the Plaintiff has asserted that
Marbain has no right to use the parking spaces located at 900 State Street. By way of further
answer, it is denied that cn will be in breach of its obligations under the Lease in the event the
Court rules in favor of Plaintiff in this case.
59. Admitted with the clarification that cn was unaware of water penetration in the
leased premises until cn was notified by Marbain that water had entered Marbain's business
following a rain storm,
60. Denied. CJ2 is only aware of one incident in which Marbain's business
experienced flooding and/or water damage, which was repaired by CJ2 immediately upon
notification by Marbain.
61. Denied. It is specifically denied that Marbain repeatedly complained to CJ2 of
flooding and water damage. By way of further answer, CJ2 responded immediately to Marbain's
notification that she had suffered flooding and water damage in her business, and remedied the
situation promptly. To cn's knowledge, no further flooding or water incursion had occurred to
Marbain's business since the time that CJ2 affected repairs to thl: problem.
62. Denied. It is specifically denied that Marbain repeatedly complained to cn of
flooding and water damage. By way of further answer, cn responded immediately to Marbain's
notification that she had suffered flooding and water damage in her business, and remedied the
2
situation promptly. To C12's knowledge, no further flooding or water incursion had occurred to
Marbain's business since the time that C12 affected repairs to the problem.
63. Denied. The Lease referred to in Paragraph 63 as a written document speaks for
Itself. To the extent that the averments of Paragraph 63 are inconsistent therewith, said
averments are denied.
64. Denied. The averments of Paragraph 64 constitute conclusions of law to which
no responsive pleading is required. To the extent that an answer is judicially deemed required,
C12 denies each and every factual averment.
65. Denied. The averments of Paragraph 65 constitute conclusions oflaw to which
no responsive pleading is required. To the extent that an answer is judicially deemed required,
C12 denies each and every factual averment.
66. Admitted with the clarification that C12 was notified by Marbain that it suffered
minor damages due to water penetration in the business. By way of further answer, to date
Marbain has never quantified the alleged damages it suffered and furthermore, never suffered
any monetary loss.
WHEREFORE, the Cross Claim Defendant, C12 Group, LLC, respectfully requests this
Honorable Court to enter judgment in its favor and to dismiss thl: Cross Claim of Patricia L.
Marbain with prejudice and costs.
NEW MATTER TO CROSS CLAIM
67. C12 incorporates herein by reference its Answer to the Complaint and New
Matter filed in response to the Plaintiff's Complaint as if set forth fully herein.
68. At all times relevant to the Cross Claim, C12 acted responsibly and in a
commercially reasonable manner.
3
69. Although Marbain demands an award of attorney's fees in its Cross Claim, there
is no authorization in the Lease or by statute, and none is alleged by Marbain, to authorize an
award of attorney's fees, and as such, Marbain is not entitled to an award of attorney's fees as a
matter oflaw.
70. All necessary repairs to any and all flooding or water problems in Marbain's
business have been repaired promptly by CJ2.
71. cn was never notified by Marbain that it suffered any specific damages and any
specific dollar amount to its business.
72. The leased premises occupied by Marbain are completely habitable and adequate
for Marbain's purposes.
73. At all times relevant to the Cross Claim, cn has kept and maintained the leased
premises occupied by Marbain in good repair.
74. Any and all alleged inconvenience and alleged damages incurred by Marbain
relating to its alleged lack of use of parking spaces is not in any way due to cn or any breach by
cn, but instead is the result of the unjustified and illegal acts of the Plaintiff in interfering with
Marbain's use of parking spaces.
75. Marbain's Cross Claim fails to set forth a cause of action upon which relief can be
granted.
76. Marbain's Cross Claim is barred due to the doctrine of waiver and estoppel.
77. Marbain's Cross Claim is barred due to her failur,e to mitigate alleged damages.
WHEREFORE, Cross Claim Defendant CJ2 Group, LLC, respectfully requests this
Honorable Court to enter judgment in its favor and to dismiss the Cross Claim of Patricia L.
Marbain with prejudice and costs.
4
Date: August 8, 2005
Respectfully submitted,
..~.1
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REAGER & ?LE ,
Thd1M~Wre
Attorney J.D. No. 16267
Thomas O. Williams, Esquire
Attorney J.D. No. 67987
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Defendant, cn Group, LLC
5
VERIFICATION
I, Chris Zampogna, VQ.1t511)-"N'I ,
of Cl2 Group, LLC, verify that I am
authorized to verify the averments of the foregoing document are true and correct to
my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn
falsification to authorities.
Date:
q I r; I(
, ,
CERTIFICATE OF SERVICI~
AND NOW, this 8th day of August, 2005, I hereby verify that I have caused a true and
correct copy of the foregoing document to be placed in the U.S. mail, first-class, postage prepaid
and addressed as follows:
Michael L. Bangs, Esquire
429 S. 18th Street
Camp Hill, PA 17011
And
Kimberly M. Colonna, Esquire
McNees, Wallace & Nurick
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
THOMAS O. WILLIAMS, SQUIRE
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Kimberly M. Colonna
PA I.D. No 80362
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, P A 17108-1166
Phone: (717) 232-8000
Fax: (717) 237-5300
Plainliff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
STEVEN CARTER,
v.
CJ2 GROUP LLC and PATRICIA L.
MARBAIN,
NO. 2005-2455 CNIL TERM
Defendants
PATRICIA L. MARBAIN'S REPLY TO NEW MATTER OF CJ2 GROUP, LLC
Defendant Patricia L. Marbain ("Marbain"), by and through her undersigned counsel,
states the following for her Reply to the New Matter that CJ2 Group, LLC ("CJ2") raised in
response to Marbain's CrosscIaim:
67. Marbain incorporates herein by reference it Answer to the Complaint, New
Matter, and Crossclaim.
68. Denied. By way of further answer, Marbain incorporates herein by reference the
allegations of her Crossclaim.
69. Denied. The averments ofthis paragraph constitute conclusions oflaw to which
no response is required.
70. Denied. By way of further answer, Marbain incorporates herein by reference the
allegations of her CrosscIaim.
71. Denied. By way of further answer, Marbain incorporates herein by reference the
allegations of her CrosscIaim.
72. Denied. By way of further answer, Marbain incorporates herein by reference the
allegations of her Crossclaim.
73. Denied. By way of further answer, Marbain incorporates herein by reference the
allegations of her Crossclaim.
74. Denied, By way of further answer, Marbain incorporates herein by reference the
allegations of her Crossclaim.
75. Denied. The averments of this paragraph constitute conclusions oflaw to which
no response is required.
76. Denied. The averments ofthis paragraph constitute conclusions ofJaw to which
no response is required.
77. Denied. The averments ofthis paragraph constitute conclusions ofJaw to which
no response is required,
WHEREFORE, Marbain requests that judgment be entered in her favor and
against Defendant CJ2 and that Marbain be awarded compensatory damages, attorneys' fees,
interest, and costs of suit.
McNEES WALLACE & NURICK LLC
By ~/~. ~
Kimberly M. Colonna
LD. No. 80362
100 Pine Street
P. O. Box 1166
Harrisburg, P A 17108-1166
(717) 237-5300
Dated: August 24, 2005
Attorneys for Defendant Patricia L. Marbain
2
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
attached document was served by first-class United States mail, postage prepaid, on the
following:
Michael L. Bangs
429 S. 18th Street
CampHiIl,PA 17011
Attorney for Plaintiff
David W. Reager
Reager & Adler
2331 Market Street
Camp Hill, P A 17011
Attorney for Defendant CJ2 Group, LLC
~~
Kimberly . Colonna
Dated: August 24, 2005
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MICHAEL L. BANGS, ESQUIRE
LD. NO. 41263
429 SOUTH 18TH STREET
CAMP HILL, P A 17011
(717)730-7310
STEVEN CARTER,
ATTORNEY FOR PLAINTIFF
Plaintiff
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 2005..2455
Cl2 GROUP, LLC and PATRICIA
1. MARBAIN,
CIVIL ACTION - LAW
Defendants
PLAINTIFF'S ANSWER TO NEW MATTER OF
DEFENDANT CJ2 GROUP. LLC
35. This averment is a legal conclusion to which no answer is required.
36. Denied as stated. The Lease Agreement which is attached to Plaintiffs Complaint as
Exhibit 13 pertains strictly to 850 State Street and not to Plaintiffs premises at 900 State Street.
In the event that the prior owners of 900 State Street permitted Defendant Marbain to use the
parking spaces for its employees and customers when the previous owners were in possession of
900 State Street is not relevant to whether or not Defendant Marbain has any right to use the
parking spaces located at 900 State Street currently and since it was sold to Plaintiff. Plaintiff
has specifically indicated since his ownership that those parking spaces are not to be used by
Defendant Marbain for any purpose.
37. Denied as stated. It is specifically denied that Def,mdant Marbain had the right to
continue to use any parking spaces that it was using at 900 State Street subsequent to the
purchase by Plaintiff. It is averred that Plaintiff advised Defendant Cl2 Group, LLC, and
Defendant Marbain that they had no right to continue to use the parking spaces at 900 State
Street after his purchase. Any use of the parking spaces prior to his purchase is not relevant nor
material to this litigation.
I
38. Denied as stated. It is specifically denied that Plaintiff has caused any of his own
injuries or damages alleged. Further, it is denied that the lease in effect between Defendant
Marbain and Defendant cn Group, LLC, is in any way related or attached to 900 State Street;
rather, that lease is for the use of 850 State Street.
39. Admitted in part. It is admitted that neither Defendant Marbain or Defendant CJ2
Group, LLC, removed the dumpsters or signage located on Plaintiffs premises after this lawsuit
was filed.
40. Denied. This averment is a legal conclusion to which no response is required.
41. Denied. It is specifically denied that Defendant Marbain as tenant of Defendant CJ2
Group, LLC, has any legal usage ofthe parking spaces located on Plaintiffs property.
42. Denied. It is specifically denied that the lease agre(~ment between Defendant CJ2
Group, LLC and Defendant Marbain, which said lease agreement covers the property at 850
State Street, provides any legal authority for Defendant Marbain to use parking spaces located on
Plaintiff s property.
43. Denied. It is specifically denied that Plaintiff advised anyone from Defendant CJ2
Group, LLC or Defendant CJ2 Group, LLC's real estate agent that Defendant had a right to park
at 900 State Street or that he was purchasing 900 State Street subject to parking rights. It is
averred that Plaintiff made it clear to all concerned that the parking spaces would not be
continued to be used after his purchase.
44. Denied. This averment is a legal conclusion to which no answer is required and
therefore it is denied.
45. Denied. This averment is a legal conclusion to which no answer is required and
therefore it is denied.
2
WHEREFORE, Plaintiff requests this Honorable Court to find judgment in his favor
and in accordance with the Complaint filed herein.
Respectfully submitted,
lli~!J.
MICHAEL L. BANGS
Attorney for Plaintiff
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
3
VERIFICATION
I hereby verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
Date: ~ 12~ ~5'
I r
Stf.vYftil tAA..,.~
STEVEN CARTER
4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing document by depositing a
copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed
to the following:
Thomas O. Williams, Esquire
Reager & Adler
2331 Market Street
Camp Hill, P A 17011
Kimberly M. Colonna, Esquire
McNees Wallace & Nurick
100 Pine Street
Harrisburg, PA 17108-1166
DATE:
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MICHAEL L. BANGS, ESQUIRE
J.D. NO. 41263
429 SOUTH 18TH STREET
CAMPHILL,PA 17011
(717) 730-7310
STEVEN CARTER,
ATTORNEY FOR PLAINTIFF
Plaintiff
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Ys.
NO. 2005-2455 CIVIL TERM
CJ2 GROUP, LLC and
PATRICIA L. MARBAIN,
Defendants
CIVIL ACTION
PRAECIPE
TO THE PROTHONOTARY:
In accordance with local Rule 1502-1, regarding actions in equity, Plaintiff requests that
the action filed to quiet title and ejectment be assigned to the Court for a pre-trial conference.
Respectfully submitted,
I (II <'/
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MICHAEL L. BANGS ./
Attorney for Plaintiff /
429 South 18th Street
Camp Hill, P A 17011
(717) 730-7310
Supreme Court ID #41263
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MICHAEL L. BANGS, ESQUIRE
I.D. NO. 41263
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
(7] 7) 730-7310
ATTORNEY FOR PLAINTIFF
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one)
( )
( X)
for lUR Y trial at the next term of civil court
for trial without a jury
---------------------------------------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
VS.
(
(
(
(
) Assumpsit
) Trespass
) Trespass
/ (motor vehicle)
V ) fq'~'(~t~er)
STEVEN CARTER,
Plaintiff
CJ2 GROUP, LLC AND
PATRICIA L. MARBAIN,
Defendants
PRETRIALS will be held on
(briefs are due 5 days before pretrials)
(The party listing this case for trial
shall provide forthwith a copy of the
praecipe to all counsel, pursuant to
local Rule 214-1.)
NO. 2005-2455 CIVIL TERM
Indicate the attorney who will try case for the party who files this praecipe:
MICHAEL L. BANGS, ESQUIRE, 429 South 18th Street, Camp Hill, PA 17011.
Indicate trial counsel for other parties if known:
THOMAS O. WILLIAMS, ESQUIRE, Reager & Adler, 2331 Market Street, Camp Hill,
P A 170 II (counsel for Defendant Cl2 Group, LLC);
KIMBERLY A. SELEMBA, ESQUIRE, McNees, Wallace & Nurick, Post Office Box
1166, Harrisburg, PA 17108-1166 (counsel for Defendant Patricia L. Marbain).
This case is ready for trial.
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Signed: ~1/ \ ~... .. /
MICHAEL L. BANG
Attorney for Plaintiff
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STEVEN CARTER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CJ 2 GROUP, LLC AND
PATRICIA L. MARBAIN
DEFENDANTS
: 05-2455 CIVIL
ORDER OF COURT
AND NOW, this 6th day of March 2006, the non-jury trial in the above
referenced case has been assigned to this Court. Prior to setting an actual trial date
IT IS HEREBY ORDERED AND DIRECTED that the parties in this case file a pre-trial
memorandum with the Court on or before March 27, 2006 in the following format:
I. A concise statement of factual issues to be decided at trial.
II. A list of witnesses the party intends to call at trial along with a concise
statement of their anticipated testimony.
III. A list of all exhibits each party anticipates presenting at trial.
IV. A statement of any legal issues each party anticipates being raised at trial
along with copies of any cases which may be relevant to resolution of the stated issue.
V. An estimate of the anticipated time needed for the party to present its case.
Upon receipt and review of these memorandums, the Court will set a trial date for
this case.
By the Court,
~~
M. L. Ebert, Jr.,
J.
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Michael L. Bangs, Esquire
Attorney for Plaintiff
Thomas O. Williams, Esquire
Attorney for Defendant CJ2 Group, LLC
Kimberly A. Selemba, Esquire
Attorney for Defendant Patricia L. Marbain
Court Administrator - ~ "S11Av
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STEVEN CARTER,
PLAINTIFF
V.
CJ 2 GROUP, LLC AND
PATRICIA L. MARBAIN
DEFENDANTS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 05-2455 CIVIL
ORDER OF COURT
AND NOW, this 30th day of March 2006, IT IS HEREBY ORDERED AND
DIRECTED that the non-jury trial in the above captioned case is scheduled for Tuesday,
May 30 and Wednesday, May 31, 2006 in Courtroom NO.5 on the Fourth Floor of the
Cumberland County Courthouse, Carlisle, Pennsylvania, beginning at 9:00 a.m. each
day.
vMkhael L. Bangs, Esquire
Attorney for Plaintiff
)1fumas O. Williams, Esquire
v
Attorney for Defendant CJ2 Group, LLC
/'
_ 1<imberly A. Colonna, Esquire
Attorney for Defendant Patricia L. Marbain
Court Administrator
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By the Court,
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M. L. Ebert, Jr.,
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MICHAEL L. BANGS, ESQUIRE
LD. NO. 41263
429 South 18th Street, Camp Hill, PA 17011
(717) 730-7310
STEVEN CARTER, )
Plaintiff )
)
vs. )
)
cn GROUP, LLC and )
PATRICIA L. MARBAIN, )
Derendants )
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2005-2455 CIVIL
CIVIL ACTION
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-referenced matter settled and discontinued.
Respectfully submitted,
ICHAEL L. BANGS
Attorney for Plaintiff
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
Date: May 22, 2006
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