HomeMy WebLinkAbout06-2491
.
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
CUMBERLAND
COMMON PLEAS No.06-249i CIVIL
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
NAME OF D.J
NAME OF APPELLANT
C r wn S r
ADDRESS OF APPELLANT
S
n K D
S /l.,TE
ZIP CODE
4 24 06
DOCKET No
IN THE CASE OF (Plain/iff] N' h 1
lC 0 as
Ke A
LT
ThisoJock will be signed ONLY when this notation is required under Pa,
R.CP.D.J, No. 100BB.
rhis Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possess'on in this case.
(20) days after filing the NOTICE of APPEAL
\
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.CPD.J. No. 1001(7) in action before District Justice. tF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
(Common Pleas No.
of Judgment of non pros
mey or agent
RULE: To _~c. i1SlD~t~V\ S_J{jS:~_, appellee(s)
Name of appel/ee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time. a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
Date A"'-13
.20 O~
aTY or Deputy
-
(3) The date of service of this rule if service was by mail is the date of the mailing.
YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COUR1 FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO Pi! E
(This proof of service MUST BE FILED VII/THIN
COMMONWEAL IH OF PENN~~Yi.
COUNTY OF
AFFIDAVIT:
(swear; (affirm) that!
a copy of Hie Notice of Appeal Comrnun Pie;'!s
(date of
sender',,> receipt attached hereto, and
apfJeiiet>
sonder's
homic
(SWORN) (AFFIRMED) AND SUBSCRIBED 8EFORE ME
THIS DAY OF ,20
1t([1:;
Tille of offici a!
My cornmiSSlon expires on
20
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!\OPC 312A
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. ;~~MMONWEALTH OF PENNS NOTICE OF JUDGMENTITRANSCRIPT
, c~~):~,OF CUMBERLAND "LI n) PLAINTIFF RESIDENTI~~~[~'~A~~S~
09-3-03 APR 2 r.: 2 iii 'KEYSTONE ARMS ASSOCIATES, LLC
'" MOJ No", He< ;) DOG i'! 120 N POINTE BLVD APT/STE 300
SUSAN K. DAY _ :,; C/O NICHOLAS C. KARAMANOS
A,,,,,,, 229 MILL ST, lTI5. ~ANCASTER, PA 17601
MT. HOLLY SPRINGS-,--~---.-------_
. VS.
I
.J
Telephp", (717) 486-7672
17065
DEFENDANT NAME: arll ADDRE:SS
IcARTOWNE SERVICE CENTER
1073 HARRISBURG PIKE
C/O PHIL DEMURO
~ARLISLE, PA 17013
I
ATTORNEY DEF PRIVATE
PAUL B. ORR
50 E HIGH ST
CARLISLE, PA 17013
Docket No,: LT-0000067 -06
Date Filed: 3/16/06
.J
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THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
[!] Judgment was entered for: (Name) KEYSTONE ARMS ASSOCIATES, LLC
Judgment was entered against CARTOWNE SERVICE CENTER
[i] Landlord/Tenant action in the amount of $ 114.25 on 4/24/06
The amount of rent per month, as established by the Magisterial District Judge,
The total amount of the Security Deposit is $ .00
. Total Amount Established by MDJ Less' Security Deposit Applied = Adjudicated Amount
Rent In Arrears $ .00 - $ .00 = $ .00
Physical Damages Leasehold Property $ .00 $ .00 $ .00
Damages/Unjust Detention $ _ 00 - $ _ 00 $ _ 00
Less Amt Due Defendant from Cross Complaint $ .00
Interest (if prOVided by lease) $ 00
UT Judgment Amount $ _ 00
Judgment Costs $ 114 _ 25
Attorney Fees $ 00
Total Judgment S 114.25
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
Ime 0 eVlc Ion.
D Defendants are Jointly and severally liable.
in a
(Date of Judgment)
is $ .00
Attachment Prohlbited/
42 Pa,C,S. S 8127
D
D
[!]
This case dismissed without prejudice,
Possession granted,
D
[J
Possession granted if money judgment is no
Possession not granted,
sa IS Ie
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY, IN
ORDER TO OBTAIN A SUPERSEDEAS. THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS. CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS. ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MA Y BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN T.HE JUDGMENT MA Y FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUOGE IF THE JUDGMENT DEBTOR PA YS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date
IS IS a true an .
f
Date
, Magisterial District Judge
e JU gment:
, Magisterial District Judge
My commission expires first Monday of January, 2010,
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(This proof of service
:5, F,yet: (IF !\Ion:: : OF APPEAL
, Vf/J HIN.~I< I '0) DAYS AFTEf
COMMONWEALTH OF I .
COUNTY OF CumbiL P..1.IJ.J vi.
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AFFIDAVIT:
I hereb\
I r' ti'at ~ set, f~d
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a copy
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,(! l,ppe,ll. Co 11m" Pleas No,O"-,;l~'1 i
rl'J~IL\ ~
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(date oj'
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sender';
Ii I ; 'c':d here,to
(SWORN) (AFFIRMED) f'.I' iil. E 1<1 'ED E EFO lE IV :
THIS <t,.';l:A, DAY OF ! , 20 ~ .,
J..J.i. H~ CrUza.-__ __coo
SlgnatureofofficislbeJoro whom I' ;::;;I;N' );3'
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Title of official
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My commission expires 011 1../ U u 13,20 C 'f-
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Common,^'ea!:~",1 ~ ?~~: ,~","!!J/h ,:lniCi!
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~eatherLO' 1"flJIU)'1 ubI::
M Cart,sIe Bora, (~'. '. ~Il-:I.ar.'..."..: CCMI'.,ly
Y CommISSIOn::.: ( IIE~; M::', Yi "'ocrr
Member, Pennsyl'Jar':1 ~ ;;:; i~:::':,(i.:: ;':';1;;;
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. FILE COMPUINT
,. () of appeal. Check applicable boxes.)
Jistrict Justice designated therein on
. :i pt by (certified) (registered) mail,
Ae Y:Jrtne. flf~1~:i1C.:'.~
by (certified) ( ) mail.
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON E!t.EAe. .',
~~""."l,!>,,""''''
Judicial District, County Of
CUMBERLAND
NOTICE OF ~PPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.06-2491 CIVIL
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below. .
NAME Of APPELLANT
MAG. DIST. NO.
NAME OF D.J.
.
Cartowne Service Center/Phil DeMu 0 09-3-03
ADDRESS OF APPELLANT CITY
1073 Harrisbur
DATE OF' JUDGMENT
4/24/06
DOCKET No.
Susan :{. Da
STATE
ZIP CODE
LT-067-06
This ~J~ will- be signed ONLY- when this notation is required under Pa.
R.C.P.lAJ. No. 1008B. .
This--Nqice of Apljfeal, when received by the District Justice, will operate as a
SUPERSEDEAS 10 ~e judgment for Jess on in this case.
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VA 17013
(De,ond''!!i'h i 1 D e.Ji1( tI r 0
~ervi ce Center
AGENT
IJ
before a District Justice, A COMPLAINT MUST BE FiLED within twenty
(20) days after filing the NOTICE of APPEAL.
,
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PRAECIPE TO ENTER RULE TO FILE COMPlAINT AND RULE TO FILE
(This section of form fo be used ONLY when appellant was DEFENDANT (see pa~C.P.D.J. No(;1001(7) /lJ ~'*' before District Justice. IF
NOT USED, detach fro of notice of a 110 b erved upon appellee. Ci 0 L Ill"
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Enter rule upon K e
of judgment of non pros.
(Common PI\'l~
RULE: To KE.~ SlONE ~~M S A'5S0L
Name of appel/ea(s)
'!!8Y or agent
,
, appellee(s)
(1) You are notified that a rule Is hereby entered upon you to fiie a complaint In this appeal within twenty (20) days after the dabj of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The...d..a.te. .of.serv.ic.e...o..f. tho i.S rule If service was by mail is the date of the mailing... "J
Date: },tp''l3_.20 Oc:. (/ (MIJ
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.' n O'PfCffryOfJ;:!:~!
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT '"'I
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CARTOWNE SERVICE CENTER,
C/O PIllL DEMURO,
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NOTICE OF APPEAL FROM DISTRICT
: JUSTICE JUDGMENT
KEYSTONE ARMS ASSOCIATES, LLC.,
C/O NICHOLAS C. KARAMANOS
Appellee
: Common Pleas No.: 06-2491 CIVIL
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
AND NOW, this 10TH day of May, 2006, I Robin L. Starner, Office Manager for Paul
Bradford Orr, Esquire, attorney for Phil DeMuro, Appellant, in the above-captioned action,
hereby swear that I have served a true copy of the Notice of Appeal from District Justice
Judgment, upon the District Justice by depositing the same in the U.S. Mail, postage prepaid,
certified, registered, return receipt requested. The original return receipt card signed by Sherry
Sweeney, agent for the District Justice Susan K. Day, on May 9, 2006, indicating service was
effected, is marked Exhibit "A", attached hereto and made a part hereof.
LAW OFFICES OF PAUL BRADFORD ORR
Dated: mn. U
J(J, 7mlo
,
By ~()bj lJ q It Sh f( ru~
obin L. Star
Paul Bradford Orr, Esquire
Attorney for Appellant
50 East High Street
Carlisle, PA 17013
(717) 258-8558
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CARTOWNE SERVICE CENTER,
C/O PIllL DEMURO,
Appellant
v.
KEYSTONE ARMS ASSOCIATES, LLC.,
C/O NICHOLAS C. KARAMANOS
Appellee
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NOTICE OF APPEAL FROM DISTRICT
. JUSTICE JUDGMENT
: Common Pleas No.: 06-2491 CIVIL
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND
)
AND NOW, this 10TH day of May, 2006, I Robin L. Starner, Office Manager for Paul
Bradford Orr, Esquire, attorney for Phil DeMuro, Appellant, in the above-captioned action,
hereby swear that I have served a true copy of the Notice of Appeal from District Justice
Judgment, upon the Appellee by depositing the same in the U.S. Mail, postage prepaid, certified,
registered, return receipt requested. The original return receipt card signed by Gwen Gast,
agent for the Appellee on May 9, 2006, indicating service was effected, is marked Exhibit "A",
attached hereto and made a part hereof.
Dated:
LAW OFFICES OF PAUL BRADFORD ORR
By: f2gbni~^~d 0101' 11 f f
Paul Bradford Orr, Esquire
Attorney for Appellant
50 East High Street
Carlisle, PA 17013
(717) 258-8558
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Defendants
Appeal from District Justice Judgment
.
Kimberly M, Colonna
PA 80362
McNees Wallace & Nurick LLC
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
KEYSTONE ARMS ASSOCIATES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
v.
NO. 06-2491 CIVIL
CARTOWNE SERVICE CENTER,
and PHIL DeMURO,
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PAl 70 13
717-249-3166
800-990-9108
2
,
AVISO
US TED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de
los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie
advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier
otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos
importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO
INMEDIA T AMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA
SIGUIENTE OFICINA. EST A OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE EST A OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A
PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
717-249-3166
800-990-9108
McNEES WALLACE & NURICK LLC
By /:U, /11, ~
~ly M. Colonna.
Attorney J.D. No. 80362
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for Plaintiff
Keystone Arms Phase Two LP
Dated: May 22, 2006
KEYSTONE ARMS ASSOCIATES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
. .
Kimberly M. Colonna
P A 80362
McNees Wallace & Nurick LLC
100 Pine Street, P.O. Box 1166
Harrisburg, P A 17108-1166
(7] 7) 232-8000
Plain tiff
v.
NO. 06-2491 CIVIL
CARTOWNE SERVICE CENTER,
and PHIL DeMURO,
Defendants
Appeal from District Justice Judgment
COMPLAINT
Keystone Arms Phase Two LP, incorrectly identified as Keystone Arms Associates in the
District Court Action below, hereby files this Complaint against Defendants Cartowne Service
Center and Phil DeMuro and avers the following:
The Parties
I. Plaintiff, Keystone Arms Phase Two LP ("Keystone Arms") is a Pennsylvania
limited partnership with its registered offices at 120 North Pointe Boulevard, Suite 300,
Lancaster, Lancaster County, Pennsylvania 17605. In the district court action below, Keystone
Arms was incorrectly identified as Keystone Arms Associates.
2. Upon information and belief, Defendant Cartowne Service Center ("Cartowne") is
a sole proprietorship with its principal place of business at 1073 Harrisburg Pike, Carlisle,
Cumberland County, Pennsylvania.
2
,
3. Upon information and belief, Defendant Phil DeMuro is and adult individual that
owns and operates Cartowne and who has a business address of 1073 Harrisburg Pike, Carlisle,
Cumberland County, Pennsylvania.
Factual Backeround
4. Prior to January 15,2002, Russell 1. Morrison and Doris Morrison (the
"Morrisons") were the owners of two tracts ofland located on the Harrisburg Pike, in
Cumberland County, Pennsylvania.
5. On January 15, 2002, the Morrisions entered into an Agreement for Installment
Sale of Real Estate ("Installment Sale Agreement") with 1073 Pike, LLP (the "Pike
Partnership"). A true and correct copy of the Installment Sale Agreement is attached hereto as
Exhibit A.
6. The two tracts ofland subject to the Installment Sale Agreement are described in
Exhibit A to the Installment Sale Agreement and include property identified as 1073 Harrisburg
Pike. Ex. A. Hereinafter, the two tracts described in Exhibit A to the Installment Sale
Agreement will be identified collectively as the "Properties" or as "1073 Harrisburg Pike."
7. Pursuant to the terms of the Installment Sale Agreement, the purchase price of the
Properties was $425,000. Ex. A.
8. The Pike Partnership was obligated to pay $385,000 of the purchase price, with
interest, in monthly payments of $3000 and closing on the Properties was to occur on or before
February 1, 2009. Ex. A.
3
.
9. In March 2005, the Pike Partnership entered into a Lease Agreement with
Defendants Cartowne and DeMuro. A true and correct copy of the Lease Agreement is attached
hereto as Exhibit B.
10. Pursuant to the Lease, the Pike Partnership leased its interest in a portion of 1073
Harrisburg Pike (the "Leased Premises") to Defendants. EX.B.
II. The Lease Agreement provided that the term of the Lease shall end on February
28, 2007.
12. Upon information and belief, in 2005, the Pike Partnership defaulted on the
Installment Sale Agreement.
13. On November 2, 2005, the Morrisons and the Pike Partnership signed a
"Termination of Agreement for Installment Sale of Real Estate" (the "Termination"). A true and
correct copy of the Termination is attached hereto as Exhibit C.
14. The Termination noted that the Installment Sale Agreement was terminated and
declared to be null and void and of no further force and effect. Ex. C.
15. The Termination of the Installment Sale Agreement terminated all of the Pike
Partnership's rights and interest in the Properties.
16. Because the Defendants obtained their lease interest from the Pike Partnership,
the termination of the Pike Partnership's interest in the Properties also terminated the Defendants'
interest in the Leased Premises.
17. On November 15, 2005, the Morrisons sold the Properties, in fee simple, to
Keystone Arms. A true and correct copy of the Deed evidencing the sale is attached hereto as
Exhibit D.
4
.
18. On January 12, 2006, Keystone Arms sent a letter to Defendants, advising them
that the Lease Agreement was no longer valid. A true and correct copy of the January 12,2006
letter is attached hereto as Exhibit E.
19. The Notice also requested that Defendants contact Keystone Arms to discuss
arrangements for Defendants to vacate the Lease Premises.
20. Despite demand, Defendants failed to vacate the Leased Premises.
21. Keystone Arms has demanded no rent from Defendants.
22. Keystone Arms had received no rent from Defendants.
23. Keystone Arms initiated an action in District Court 09-3-03 which sought an
order of possession in favor of Keystone Arms and against Defendants.
24. On April 24, 2006, the District Court granted judgment of possession in favor of
Keystone Arms.
25. On May 3,2006, Defendants initiated this civil action by appealing the District
Court's judgment.
Count I: Eviction
26. Paragraphs one (I) through twenty-four (24) above are incorporated herein by
reference.
27. Defendants leased a portion of 1073 Harrisburg Pike from the Pike Partnership.
28. The Pike Partnership was able to lease to Defendants only that interest that the
Pike Partnership held in the Properties.
29. The Pike Partnership could not grant to Defendants by lease more property rights
than the Pike Partnership had in the Properties.
5
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30. All of the Pike Partnership's rights and interest in the Properties terminated when
the Installment Sale Agreement terminated.
31. Because the Pike Partnership's rights and interest in the Properties terminated,
Defendants' rights and interest through the Lease Agreement with the Pike Partnership also
terminated.
32. Defendants' lease of a portion of the Properties has been extinguished.
33. Keystone Arms is entitled to evict Defendant and to regain possession of the
Lease Premises.
34. Defendants have failed to quit and surrender the Leased Premises to Keystone
Arms.
35. As of the filing of this Complaint, Defendants continue in possession of the
Leased Premises.
WHEREFORE, Keystone Arms Phase Two LP requests that the Court evict Defendants
from the Premises, grant possession of the Leased Premises to Keystone Arms Phase Two LP,
and award Keystone Arms Phase Two LP its costs of suit, including the costs incurred at the
District Court.
Count II: Ejectment
(Plead in the Alternative)
36. Paragraphs one (I) through thirty-five (35) above are incorporated herein by
reference.
37. Defendants no longer have any rights to possession ofthe Leased Premises.
38. Keystone Arms has the right to eject Defendants from the Leased Premises.
By
~.~
Kimberly M. Colonna
Attorney LD. No. 80362
100 Pine Street
P. O. Box 1166
Harrisburg, P A 17108-1166
(717) 232-8000
.
WHEREFORE, Keystone Arms Phase Two LP requests that the Court eject Defendants
from the Premises, grant possession of the Leased Premises to Keystone Arms Phase Two LP,
and award Keystone Arms Phase Two LP its costs of suit, including the costs incurred at the
District Court.
McNEES WALLACE & NURICK LLC
Attorneys for Plaintiff
Keystone Arms Phase Two LP
Dated: May 22, 2006
6
Nicholas C. Karamanos
VERIFICATION
Subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to
authorities, I hereby certify that I am authorized to make this verification on behalf of Keystone
Arms Phase Two LP, 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.
KEYSTONE ARMS PHA E TWO LP
;0-/k )
By
Dated: May ~ 2006
Kim~nn~
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the foregoing
document was served by first-class U.S. mail upon the following:
Paul Bradford Orr
50 East High Street
Carlisle, PA 17013
Counsel for Defendants
Dated: May 22, 2006
7
tXh/bft 4
Sen~ by: WIX WENGER WEIDNER-
7172344224;
06/02/05 15:38; ~ #128;pege 2/8
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A
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SALE Oli:.REAlJSTAT~
MADE THIS 15th day of January, 2002, by and between, RUSSELL L.
MORRISON and DORIS A. MOWSON, husband and wife, of 1073 Harrisburg Pike,
Carlisle, C\IIllherland County, Pennsylvania, hereinafter called SELLERS,
AND
1071 PIKE, LLP, a Pennsylvania Limited LiabiUty Partnership, of 1008 Chippenham
Road, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter called BUYER.
WITNESSETH:
t For and in consideration oflbe terms and conditions hereof, Sellers agree to convey
and to seU and Buyer agrees to purchase and lIl:Cept the real estllte where a business known as Big
Dog Auto Sales and CllItowne SeNice Center is located, at 1073 Harrisburg Pike, Carlislll,
consisting of two (2) acrea more or less, five (5) bay service garage, two (2) unit apartmClJt house
three (3) mobile homes and a three (3) bay garage more fully described in Schedule "A" I~tached
bereto and incorporated herein by reference thereto.
.
1. Buyer agrees to pay the sum of Four Hundred Twenty-live Thousand and 0011'00
($425,000,00) Dollars as total consideration, payable as follows:
A) Twenty-five ThoU$and ($25,000.00) DoUars down, payable upon the
execution of this Agreement;
B) Fifteen Thousand ($15,000.00) Doltan, payable on or before July IS, :!002;
and if so paid without interest, unot timely paid by July 15,2002 interest on said $15,0(11).00 shall
lIllCtUe at the rate of ten (10%) per cent per lllIllum from the date of the execution of this
Agreement and a failure to pay the 5pel:ificd $15,000.00 by July IS, 2002 shell constitut~ a deflllllt
by auyer of this Agreement IllIlI shall be ucated a.s a default in accord witb the provisior~1 a.s to
default contained hereinafter and elsewhere in this Agreetllent.
C) The remaining Three Hundred Eighty-five Thousand and 00/100 (S3115,000.00)
DoUars is to be amortW:d over two hWldred ninety-two months at eight (II 'Yo) percent interest
with a monthly payment of Three Thousand ($3,000.00) Dollars. The first such ptymc;~,t being
due on March 1,2002 and thereafter on or before the first (1st) day of each succeeding month.
Buyer shall make a payment ofinteteSt only on the $385,000.00 principal balance al thll time of
the execution of this AgrCCltlellt prorated to represent the interest due from the date of l",ecution
until January 31, 2002.
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7172344224 ;
Serlt by: WIX WENGER WEIDNER-
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06/02/05 15:39; JetIix il12Bjpage 31B
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3. Final settlement shall occur on or before Februlll)' I. 2009, at which time Buyer :ihall
pay to SeUers all sums of principal and interest, including any other sums of money due and l)wing
by virtue of this Agreement. At final settlement Sellers sball tender a duly executed special
warranty deed conveying to the Buyer a good and marketable title in fee simple, free and cll!,ar of
liens and encumbrances excepting presently existing easements or restrictions, visible or of I'coord,
4. Buyer hereby agrees to rent to Sellers the Hving unit located 011 the premises III 2. rate
of Four Hulldred Fifty and 00/100 ($450.00) Dollars a month for the duration of this agree'llIellt
or until SeUers give Buyer a sixty (60) day Dotice of vacating where they presently reside. No
secwity deposit will be required of Sellers by Buyer. After final settlement, Buyer may giVII'
Sellers notice to quit provided that such notice allows Sellers sixty (60) days to vacate the
premises. Tila provision of this Agreement speciJically sulVives final settlement and the tmnsfer
of the Deed from Sellers to Buyer. Sellers may also continue to use a three (3) bay garage for
storage rent free until July 15, 2002.
5. Buyer has tbe right to prepay principal at any time, with the provision that the
minimum principal payment accepted sha1I be One Thousand ($1000.00) Dollars.
6. Transfer taxes at final settlement shall be divided equally between Buyer and S'lllers.
All transfer taxes imposed by any government body shall be borne equally by BUYER and
SE.lLER, except that SEL.LER'S maximum liability for transfer tues shall not exceed Olina (I)
percent of the sale price allocated to real estate, which is specified to be 5408,000.00 yie1clillg a
transfer tax due in the amount of Four Thousand Eighty and 00/100 ($4,080.00) Dollars ll:nless
Buyer assi8lls its right to a third party in wbich case Seller sha1I be relieved of the duty of paying
any u-ansfer taxes and shall pay none. Buyer may assign its rights by virtue of this AgreeO:llmt to
an entity in which Buyer has a controlling interest subject to the conditions of A$signment
contained elsewhere in this Agreement..
7. Buyer shall be responsible for repairs, maintenance and upkeep of the premises and
agree, in the event of a defauh under this Agreement. to deliver up possession of the prer~~ses to
Sellers in as good condition as the premises ue now, reasonable wear and teu, fire or ot!~er
casulty excepted.
8, Buyer shall pay for md maintain fire and extended coverage insulanCe in the unoUDt of
at least 5425,000.00 on the building and residential dwellings, naming Sellen and Buyer ""
insureds, as their respective interests may appear.
9. Proration ofpropeny taxes and water and scwer charges and rents from existilllfl
tenants, including Sellers as a tenant shall be as of the fifteenth day of January, 2002. E>~lsting
leases for the rental uniu located at the premises sha1I be assigned by Sellers to Buyer &r,ll security
deposits held by Sellers shall be deposited into a segregated account opened in the name~ ofhoth
Buyer and Sellers. Buyer has Sellers' consCIlt Ul update the existing leuea with the existing
tenants. All future leases shall be the responsibility of Buyer and all future security depcl!lits
acquired by Buyer shall be deposited illlo said joint IICCUrity deposit account All rdeasf~,1 from
such acoount for the return of such deposits shall be jointly executed.
Sent by: WIX WENGER WEIDNER.
7172344224;
06/02/05 15:39; Jetfivc 1'128jpage 4/8
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10. Paymtlllt of property tues and water and sewer charges shall be the responsibility of
Buyer after Jan\lary IS, 2002, Buyer agrees to pay all property taxes at face value alld fumi4h
Sellers with reeeipts of same,
11. Any municipal improvements, liens or assessments shall be the responsibility of Boyer
after Januuy IS, 2002,
12, Buyer ,mumes all risk and responsibility for any accident, il)jury or damage to
persons or propeny as to themselves or others on said premises and agree to hold Sellers h;umless
from all liability therefrom.
13. This Agreement is not assignable by Buyer without the wntte1l consent of Sell~:IS,
which consent shall not be ulU'llasonahly withheld. Whereas such assignment is an cnity wlilch
Buyer hu at least fifty-one (51%) percent ownership or controlling interest. In case ofSll~.h an
approved assignment, SeUers shall be relieved of the duty to pay any realty transfer taxes
whatsoever, and all such taxes shall be paid by Buyer and its assigns.
14, Buyer shall not csrry on any unlawful business on the propeny or any busmeliil
whereby the huard would be increased or the fire insurance invalidated. The use of the property
must be in accordance with the z.oning laws of the municipality and Buyer wiU not file an
application for a variance without the approval of SeUers whicb Shallllot be unrellBonably
withheld.
.
IS. The Buyer shall not make any major stnIctural changes without the prior written
approval of Sellers which shall not be unreasonably withheld.
16. In the event Buyer shall fail to make a monthly payment for the space ofthirl:~f (30)
days after the same ,haD bave become due by the terms hereof, or if a breach of any of thm other
covenants or conditiollB be made by Buyer, then such failure or bresoh shall constitute a cLdault of
this Agreement and Seller shall have the right to collect all rents due alld owing Buyer fre,r,n the
rentalllllits on said premises. Buyer sha1I be given written notice of a breach of the Agre'lIment ~
and shall have twenty (20) days from the mailing of the norice to correct the default. If not
corrected, then Sellers shall have the right to terminate this Agreement and to demand inunediate -
possession of said premises upon thirty (30) days written notice and therClllpon all rights ,lIld
obligations under tbb Agreement shall ceue and tenninste, Buyer agrees to a five (5%) percen
late charge whicb shall be added to each monthly payment more then ten (10) days late.
17. Upon det'ault of Buyer, the entire principal sum remaining Ullpaid shall become due
and payable at once and may be collected by suit or otheIWise, and if authorized by law, tile
PrOthonotary or any attorney of any Court of record in PePllS}llvania is hereby authorized and
empowered to appear for and confess judgment against the Buyer and in favor of Sellen :for the
whole amount of said prinCipal remainiAg unpaid, together with interest, costa of suit, release of
erron, attorney's commission oftive (5%) percent and waiving inquisitions and exemptions.
.
lB. Upon default and if authorized by law, the Prothonotary or any attorney of my coun
of reconl is hereby authorized anlt empowered to appear for and confess, judgment agairwt Buyer
in an amicable action of ejectment and in favor of Sellers for the Slid premise. and to dir'iQt an
immedil.te issuance of a writ of possession, with clause for costs, waiving all irregularitills without
notice and without leave of COllJ't. Also Sellers may record a quitataim deed _ted b)' Buye.-
Sertt by: WIX WENGER WEIDNER-
7172344224;
06/02/05 15:40j ~ #128jpege 5/8
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in favor of SeUers releasing Buyer's interest. in subject realty. In such event all payments llIiule by
Buyer sha1l be forfeited to Sellers and retained by Sellers without funds being refunded to E:I.lYer
whatsoever.
.
19. In the C\lent Sellers are unable to give a good and marketable title such as will he
insured by a licensed title insunnce company, Buyer shall have the option of taking such ulle as
Sellers can give. without abatement of price or of being repaid all monies paid by Buyer to 8eUers
on account of the purchase price, less reasonable rental value for use of said premises. [n the
latter event, there shall be no further liability or obliglltions u to either party concerlling tlI,s
Agreement which thereafter shall be null and void.
lV, Sellen agree that they will not knowingly or voluntarily cause any encumbran'~e to be
placed on said premises without prior written approval of Buyer.
Notice of the entry of any mortgage, judgment, lien or other encumbrance affecting title
to ssid premises received by the Sellers after the date of the execution of this Agreement shall be
given by the SeUers to the Buyer within thirty (30) days of tile recording tbereofin the
Cumberland County Courthouse.
.
In the event any mortgage, judgment, lien or other encumbrance affecting tide to 1:1i\e said
premises existing at the date of the execution of this Agreement or hereafter entered ofrcc:llfd and
default in the payment is made by the Sellers, then Buyer shall have the right 10 make the
delinquent payments and to receive credit for the full amount thereof from the required mDnth1y
payments under this Agreement. Prior to exerei&ing the rights stated in this paragraph, B\~yer
shall give Sellers three (3) days notice by wtitled mail of their intent to do so, but this pmvision
shall not limit Buyers' right to make the delinquent payments and to claim credit therefor,
11, All paymCIIU under this agreement shall be sent to:
RusseU &: Doris Morrison
clo William A Duncan
1 Irvine Row Carlisle, P A 17013
Carlisle, PA 17013
All notices under this agreement shall be sent to:
William A. Duncan, Esquire
1 Irvine Row
Carlisle, P A 17013
RuueU &: Doris Morrison
1073 Harrisburg Pilc.e
Carlisle, PA 17013
1073 Pike., LLP
1008 Cbippenham Road
Mecllanics'ourg, PA 17055
Will, Wenger &: Weidner
David R, Getz
508 North Second Street
HarriSburg, P A 11\ 08
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U. This A~mcnt may be 61ed of record in any public office, u appropriate.
13. No modifications of this Agreement shaD be binding unless same shall be in 'Miling
and duly approved by Sellers.
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George A. Montemayor. Prlillident
Sent by: WIX WENGER WEIDNER-
7172344224;
06/02/05 15:40; JeHiK #128;page 6/8
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24. The failure by Sellers to insist on strict performance by Buyer of the terms -of this
Agreement shall not be construed as a waiver, release or relinquishment thereof
25, This Agreement shall inure to and be binding upon the heirs, succeS$Ors, executors,
administrators and assigns ofthe parties hereto
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and sI:als the
day and year first above written.
WITNESS:
,7t~ '.r/:' J17~u,'
Ruue11 . Morrison, Seller
~.dl-WJ ~,~ r~
Doris A. Morrison, Seller ~.~
ATTEST
1073 PIKE. LLP, By Its General Parlner
Hampden AcceptanCe Corporation
,....
COMMONWEALTH OF PENNSYLVANIA:
:58..
COUNTY OF CUMBERLAND :
On this the/A-ay of January, 2002, before me, the undersigned officer, porsonally
appeared ~usse\l L. Morrison and Doris A. Morrison, husband and wife, known to me
(or satisfactorily proven) to be the pereons whose names are subscribed to the within
Agreement, anct acknawleclged that they executed the same for the purpose.s. therein
contained.
.
WITNESS my hand and official sea~ the day and year first above written.
~
. NOTAAIALSEAL .
C n,~i8 ~ 08". Notal'; Public
SOUIfl MYaalll>O 1"jl., .;..~,.,ty 0.1 CumblH'la~d
My C(')mM\&';~~~' \4, 200
r
Seht by: WIX WENGER WEIDNER.
7172344224;
06/02/0515:40j JetfDx 11128;page 7/8
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COMMONWEALTH OF PENNSYLVANIA:
:$8.
COUNTY OF CUMBERLAND
On this the /S-t4",y of January, 2002, before me, the undersigned officer, pel'llonally
appeared 1073 Pike UP by its Oeoeral Partner Hampden Acceptance Corporation, by George
A, Montelll4yor, who acknowledged himself to be the President and that he as such President,
being authorized to do so, executed the foregoing instrument for the JIUflloses therein l:Cutained
by signing the Dame of the Corporation by himself as President.
IN WITNESS WHEREOF, I hereto 5et my hand
tlOTAfllALSEAL .
Oynll1lll.. oor'. NOlary PublIC
lo~\h Mldd\elon Twp.. CovnIV 01 Cvmb"'.no
I-AvOc>lIItl'IUiOl'l...llC"O/lVg.14.2004
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..
,S40t by: WIX WENGER WEIONER-
7172344224;
06/02/05 15:40; ~!128;page 8/8
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EXHIBIT A
ALL THOSE 'TWO CERTAIN Tracts 01 Land situate in the Township 01 Middlesex, County oi Gumberland,
and State of Pennsylvania, bounded and described as follows:
TRACT NO.1:
BEGINNING al a post on the Slate Highway (formerly the Harrisburg, Carlisle and ChambarstllJrg
Turnpike Road), comer of lands now or formerly Of Norma F. Stambeugh and tha United Slllteli
Government; thence aiong said State Highway, North fifty-four degrees forty-nine minutes Eal.1' (N 54' 49'
E), one hundred five (10S) feet to a stake on said State Highway; thence by land now or formf'lly of
Norman F. Stambaugh, South twenty.eight degrees thirty-live minutes East (S 28. 35' E), four hundred
IIlleen (415) leet to a stake on land now or form&rly 01 Norman F. Stambaugh; !hence by the sSilhe, South
fifty-four degrees forty-nine minutes West (5 54. 49' W), one hundred five (105) feet to a slakEI; oorner of
land now or formerly of Norma F. Stambaugh and the United Slates Government, Norlh twen~I'Gight
degrees thirty-five minutes West IN 28' 35' W), four hundred fifteen (415) feel to a post on the .State
Highway, the place of BEGINNING.
CONTAINING one (1) acre.
BEING Improved with a Iwo and one-hall story frame dwelling house known as 1073 Harrisbu1n Pike.
.
TRACT NO.2:
BEGINNING at a slakll on the State Highway (Iormerly the Harrisburg, Carlisle andChamberso,urg
Turnpike Road), one hundred five (106) feet norlheastwardly from the corner of lands 01 Mitton C.
Richwine and Ihe United States Government; thence along the said Stale Highway, North filly-four
degr_lorty-nine minutes East (N 54. 49' E). one hundred twllnly (121l) feet to a stake on sal,j Stata
Highway, oomer of land now or formerly of Norma F. Stambaugh; thenCfl by Ihe same, South twenty-eight
degrees thirty-live minutes East (S 28' 35' El, four hundredlifteen (415) feelloa stake on lancl now or
formerly 01 Norman F. Stambaugh; thence by the same, South flfly-four degrees torty-nine miniMs West
(S 54" 49' W), one hundred twenty (12.0)1"'1 to a stake, corner of land of Milton C. Richwine; t1enca by
the same, North lwenty-elght degrees lhlrty-fl~e minutes West (N 28. 35' W), lour hundred MeIDn (415)
leet 10 a stake on State Highway aforesaid, 1118 place of BEGINNING.
CONTAiNING one (1) acre and twenty-three (23) perches.
BEING improved with a concrete block seNlce Blellon.
ASSESSeO VALUE: #21.19.1637-()10 (house and service station) - umd $6.150; Improvame'"\8 $7,450
= Tolal $13,600
F:\alwllegals 12\Montemayor .doc
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ff-~)"+ '6
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease"), made and executed ciS of the
-1L day of March, 2005, by and between the 1073 Pike, LLP, a Pennsylvl~nja limited
liability partnership, with an address at P.O. Box 489. Carlisle, Pennsylvanil~ 17013
("Landlord"), and Cartowne Service Center and Phil DeMuro
a Pennsylvania 591e ProDrietorshiD and IndiYidual, with an address at 1073 HarrisburQ
Pike Carlisle. Pennsylvania 17013 ("Tenant").
Landlord does hereby lease unto Tenant the Premises at the Hent for
the Term for the Permitted Use upon and under the terms and conditions s-t'!l forth
herein.
1. Premises.
1.1. Location. The term "Pnmllses" in this Lease shall mean certain
portions of the space In the building (the "Building") located at 1073 Harri!sburg Pike,
Carlisle, Middlesex Township, Cumberland County, Pennsylvania 17013, a!~ well as a
portion of the parking area. The Premises is outlined in red on the attached Exhibit A.
which is incorporated herein by reference (the Premises and other surrounding
property of Landlord are referred to herein as the "Property").
1.2. ImDrovements.
(a) No ImDrovements ProDosed. Landlord does not intend 1:0 make
any improvements to the Premises. Tenant agrees to lease the Premises in its "as is
where Is' condition.
(b) Tenant Imcrovements. Tenant shall not make any alterations or
improvements to the Premises without the express written permission of Landlord,
which mllY be approved or denied in Landlord's sole discretion. Should Tenant desire
to make any alterations or improvements, Tenant must contact the Landlord. '
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18t-~ ItO/llO'. t09-,
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2. Term.
2.1. Number ofYeal$. The tenn of this Lease shall be one 1:1) year,
with one (1) two (2) year option to renew (the "Renewal Options").
2.2. Term Beains. The "Commencement Date" of tI1is Le."se Shall
be March 01. 2005. Tenant shall begin to pay Rent upon the
Commencement Date.
2.3. Tenn Ends. The tenn of this Lease shall end on Febl].larv 28.
2007.
3. Rent.
3.1. Minimum Annual Rental. Tenant agrees to pay Landlord a
monthly payment in the amount of One Thousand ($1000.00) Dollars on the first day
of each month ("Renf'). Rent payments shall be sent to the Landlord at the following
address: P.O. Box 489. Carlisle, Pennsylvania 17013 or to such other addn~ss as
Landlord shall advise Tenant in writing. Rent for period March 01. 2006 thru and
including February 28, 2007 shall be at the rate of $1250 per month.
3.2. Rental Escalation. Upon the renewal of this Lease. Landlord may
increase the Rent for the following year, which shall not be less than the RElnt paid
during the Initial term of this Lease. Rent for period March 01, 2006 thru and including
February 28,2007 shall be at the rate of $1250 per month.
3.3. Additional Rent. Tenant shall also pay certain other costs related
to the Premises as set forth in this Lease ("Additional Renf'). Any of Ten:8lOt's
obligations to pay Rent or Additional Rent thai exist at the expiration or othlOF
termination of the Lease shall survive the expiration or lennination of this Ll~ase.
4. Security Deposit. Tenant shall be required to pay a "SllCurity
Depo$lf' in the amount of ZERO ($_00.00).
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!I:eo SOOl-!O-d3S
5. Use of the Premis~.
5.1. Tenant's Permitted Use. Tenant's "Permitted Use" of lhe
Premises is as Automobile ReDair ShOD Onlv .
6. Obliq~tionl!. to be Performed bv Landlord and Tenant.
6.1. Landlord's Obliaations. All of Landlord's obligations in Paragraph
6.1 shall be collectively referred to herein as "Landlord's Costs".
(a) HVAC Swtem. Landlord shall pay for annual servicing on the
HVAC system including minor maintenance items.
(b) Lawn Maintenance, Landlord shall mow lawns, trim shrubbery
and weed the lawn of the Property where appropriate.
(c) Fire Insurance. Landlord shall procure and maintain in full force
and effect fire insurance policies for the structure of the Premises and Landlord's
personal property located in the Premises. Such policies shall name Landl'::>rd as the
insured.
(d) Maintenance and ReDairs to Structure. Landlord shall be
responsible for all major repairs of the Premises.
6.2. Tenant's Obliaations. All of Tenant's obligations In Paragraph 6.2
shall be collectively referred to herein as "Tenant's Costs".
(a) Lawn and Parkina Lot Maintenance and Snow R'i'moYli~. Tenant
shall remove snow and ice from the entire Premises, including but not limitEtd to all
walkways, stairs, parking lots and sidewalks.
(b) Utilities: Trash Removal. Tenant shall have the phone, oil and
electric service transferred to Tenant's name and Tenant shall be responsible for all
such utilities. Tenant shall pay Yo of Gas Heating Bill for loWer bay gas furn~lce.
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11:90 900Z-Z0-.3S
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(c) Janitorial Service. Tenant shall provide janitorial servil::e for the
Premises at Tenant's expense.
(d) ReDairs. The Tenant shall, at Tenant's sole cost and EI.xpense,
maintain in good repair the Premises and every part thereof, inclUding without
limitation the following: light bulbs, supplies, equipment, lifts, computers, printers and
minor interior and exterior repairs to the Premises.
(e) Smokin9. Tenant acknowledges that Landlord has de1:l~rmined
that smoking is permitted on the Premises.
(f) Liabilitv Insurance. Tenant covenants that Tenant will at all times
during the term ofthis Lease, and any extensions thereof, at Tenant's own \~xpense,
maintain end keep in force for the mutual benefit of Landlord and Tenant. ~Ieneral
publiC liability insurance against claims for personal Injury, death or property demage
occurring in, on or about the Premises to afforo protection to the limits of n'~t less than
One Million ($1,000,000.00) Dollars per occurrence, Two Million ($2,000,000.00)
Dollars general aggregate, and Five Hundred Thousand ($500,000.00) Dollars
property damage. Tenant further covenants that Tenant will indemnify Landlord and
hold Landlord harmless for any injuries to any of Tenant's employees, guelrts or
business invitees that occur on the Property. Tenant shall deliver to Landlord a
certifICate of said insurance at the time of execution of this Lease and shall deliver
renewals thereof annually during the term of the Lease.
(h) Fire Insurance. Tenant shall provide fire insurance for Tenant's
property located In the Premises at Tenant's own expense. Such policies !ihall name
Tenant as the Insured.
7. Waiver of Richl of Subroaatlon. Landlord hereby releelses
Tenant, to the extent of Landlord's policIes of insurance, from any loss or damage
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caused by casualty covered by such insurance policies, even if said casuaNy shall be
brought about by fault or negligence of Tenant, and Tenant hereby release!, Landlord,
to the extent of Tenant's policies of insurance, from any loss or damage calJsed by
casualty covered by such insurance policies, even if said casualty shall be I)rought
about by fault or negligence of Landlord; provided, however, this release stlall be in
full force and effect only with respect to loss or damage occurring during such time as
Landlord's or Tenant's, as the case may be (to wit, the "arty releasing such claims),
policies of insurance shall contain a clause to the effect that this release shllll not
affect said policies or the right of Landlord or Tenant, as the case may be, 1:0 recover
thereunder. If, at any time, Landlord's or Tenanfs insurance carrier refuse!; to write
Insurance which contains the consent to the foregoing release, then within ten (10)
days after such refusal, Landlord or Tenant, as the case may be, shall notl1y the other
party thereof in writing, and upon the giving of such Notice, this paragraph :shall be null
and void and of no effect as to any casualty suffered after such Notice.
S. Alterations. Tenant shall not make any alterations in or to the
Premises without the express written permission of Landlord, which may bo approved
or denied in Landlord's sole discretion. Lighting fixtures shall remain on thE3 Premises
at the termination of the lease and shall become the property of Ihe Landlord. All
equipment, fixtures and supplies to be placed upon the Premises by the TElnanl shall
remain the property of Tenant and shall be removed if 60 directed by Landlurd at the
termination of the Lease; but the Tenant agrees to repair any damage to thl3 Premises
caused by the removal of such equipment, fIXtures or supplies.
9. Sians and Exterior Attachments. Tenant may nol place any
exterior or interior signs, lights or other attachments or fIXtures on the Premises unless
Tenant shall obtain the prior written approval of Landlord, which may be approved or
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denied in Landlord's sole discretion. Tenant Is responsible for seeking and I,btaining
approval of all signs from Middlesex Township pursuant to its Zoning Ordini,lnce and
for paying all fees associated therewith.
10. Fire and Other Damaae. In case of damage to the Premises by a
risk insured against under Paragraph 6 of this Lease, Landlord, unless Landlord shalf
otherwise elect as hereinafter provided, shall repair or cause to be repaired such
damages with reasonable dispatch after receiving from the Tenant written I~otice of
the damege. If the damages are such as to render the Premises untenanulble, the
Rent shall be abated to an extent corresponding with the period during whir;h and the
extent to which the Premises have become untenantable: provided. howeVt~r, if such
damages are caused by the carelessness, negligence or improper conduct of Tenant
or of a subtenant, or the agents, employees, visitors, invitees or licensees of Tenant or
of a subtenant, then notwithstanding such damages and untenantability, TE!Oant shall
be liable for Rent without abatement. In the event of damage to the Premiti8s to the
extent of more than fifty (50%) percent of the value of such Premises. Temant shall
give Landlord written Notice of the damage (but failure to give Notice shalll~ot be
binding upon Landlord). after which either party may determine with reason i~ble
dispatch that the Lease shall be terminated, in which event all Rent shall abate, and
the Lease shall terminate as of the date of the occurrence of the event causing such
damage.
11. Condemnation. The Tenant may, at Tenant's option, telrminate
this Lease If any portion of the Premises is condemned by any governmenflil body or
by any other body or organization possessing the power of condemnation. Jlfovided
such condemnation substantially Impairs the use or enjoyment by Tenant c,f the
Premises. In case of the taking through eminent domain of all or any portilln of the
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Premises, the Landlord shall notify the Tenant In writing of such taking. Wtihin sixty
(60) days after receipt of such written Notice, the Tenant shall notify the Landlord, in
writing, whether such taking through eminent domain, in the opinion of the Tenant,
substantially impl'lirs Tenant's use or enjoyment of the Premises. If the Tenant's
decision on this matter is in the affirmative, then Tenant shall also include ill said
Notice the time when Tenant desires to terminate the Lease and on such d,!lte the
Lease and the term hereof shaJlterminate, which time shall not be earlier than
physical work (other than surveying and staking out) shall be instituted on the
Premises by the condemning authority, nor later than sixty (60) days after the same
time. The fanure of the Tenant to give Notice above set forth as required and within
the time limit set forth above shall be conclusively construed as a decision on the
Tenant's part that such taking does not substantially impair Tenant's use or enjoyment
of the Premises. On the other hand, the giving of such Notice by the Tenant does not
bind the Landlord as to the correctness of the Tenant's decision that the tal,ing
substantially impairs Tenant's use or enjoyment of the Premises.
12. Nonliabmtv of Landlord.
(a) The Landlord shall not be liable to the Tenant any offil:er,
employee, agent, Invitee, licensee or visitor of the Tenant, or any other pemon, for
damage or injUry to any person or property caused, in whole or in part, by any act,
omission or neglect of Tenant, Tenanfs contractors, employees, agents, In'litees,
licensees or visitors, or any happening In any manner on the Premises, in tl1e
Premises, or on the Property, and Tenant shall indemnify, defend and hold harmless
Landlord from any claim, loss or liability therefor.
(b) All property kept, stored or maintained on the Premise!; shall be
so kept, stored or maintained at the risk of the Tenant only, and the Landlord shall not
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be liable for any los8 or damage to the Tenant or Tenanrs property, unless i;uch loss
or damage is due to the carelessness. negligence or improper conduct of L~lndlord, or
landlord's agents, employees, visitors, invitees or licensees.
13. Sublease. The Tenant shall have the right to sublease or sublet
the Premises. Written approval must be received by Tenant from Landlord. 90 Days
notice must be given.
14. Voluntary or Involuntary Asslanment. Neither this LealIe nor any
interest herein shall be assignable or otherwise transferable by operation o'f law or by
voluntary assignment to or for the benefit of creditors without the written consent of
the Landlord, and such inhibition against vOluntary assignment includes ani:!
comprehends any and every assignment which might otherwise be affected or
accomplished by bankruptcy, receivership, attachment execution or other judicial
process or proceeding. If any assignment for the benefit of Tenant's creditl~lrs should
be made by the Tenant, or if a voluntary or involuntary petition in bankruptc:y or for
reorganization or for an arrangement should be flied by or against the Ten~lnt, or if the
Tenant should be adjudicated a bankl\lpt or insolvent, or If a receiver is appointed of
or for the Tenant, or for all or a substantial part of Tenant's property, or if such
assignment or transfer by operation of law should occur, then and in any such event,
the Landlord may, at Landlord's option, terminlite this Lease by Notice to the Tenant.
The provisions of this paragraph shall not apply to any of the rights, titles and interests
of the Landlord in, to or under this Lease.
15. Surrender at Lease Termination. The Tenant shall, upon the
temination of the term of this Lease, surrender to the Landlord the Premises and all
building apparatus, machinery, equipment and fixtures situated thereon, e):I::ept items
which may be removed under this Lease. All alterations, improvements and other
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additions which may be made or installed by either party to, in, upon or abollt the
Premises shall either be removed by Tenant, or become the property of the Landlord,
as the Landlord may elect, and if Landlord elects to keep the same, they shall be
surrendered to the Landlord by the Tenant without any damage, injury or disturbance
therelo, or payment therefor, and otherwise, Tenant shall repair damage calJsed by
removal.
16. Events of Default. If Tenant fails to pay any installment of Rent or
Additional Rent promptly on the day when due and payable hereunder and shall
continue in default for a period of fifteen (15) days after written Notice thereof by
Landlord of default and demand of payment; or if Tenant shall fail to promptly keep
and perform any other affirmative covenant or agreement of this Lease. strit'.tly In
accordance with the tenns hereof and shall continue in default for a period (If twenty
(20) days after written Notice thereof by landlord of default and demand of
pelfonnance or compliance. then such shall be an Event of Default. If any default
shall occur, other than in the payment of money, which cannot with due dm!~ence be
cured within such period of twenty (20) days from and after the giving of Notice as
aforesaid. and Tenant commences to cure such default and proceeds dlllgnntly and
with reasonable dispatch to take all steps and do all work required to contin IJe to cure
such default and does so cure such default, then Landlord shall not have the right to
declare any Event of Default. Any of the following shall also constitute an f:vent of
Default: Tenant's business ceases to exist. If an Event of Default occurs more than
two (2) times in a calendar year, Tenant shall not be pennitted to cure such default.
and Landlord may exercise any of Landlord's rights in Paragraph 17 hereof,
17. Landlord Riahts. Upon an Event of Default, Landlord may:
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17.1. Rent for Term. Declare the entire Rent for the balance, of the
term or any renewal immediately due and payable along with any Additionsll Rent that
Tenant may owe to Landlord.
17.2. E!l1!Y:. Enter into the Premises or any part thereof, in all;cordance
with process of law, and secure the Premises and/or expel Tenant or any p~~rson
occupying the same using such force as may be necessary.
17.3 Confession of Judament. If Tenant shall default in the payment of
the Rent or Additional Rent herein reserved or in the payment of any other Ilums due
hereunder by Tenant, Tenant hereby authorizes and empowers any Prothe,notary or
attorney of any court of record to appear for Tenant in any and all actions which may
be brought for said Rent or Additional Rent and/or said other sums and/or 1:0 sign for
Tenant an agreement for entering in any competent court an amicable action or
actions for the recovery of said rental and/or other sums; and, in said suits or In said
amicable action or actions, to confes$ judgment against Tenant for all or any part of
said rental and/or said other sums, including, but not limited to the amounts due from
Tenant to Landlord, and for InteTSst and costs, together with an attomeys' commission
for fees and collection of fifteen (15%) percent. Such authority shall not bE! exhausted
by one exercise thereof, but judgment may be confessed as aforesaid from time to
time as often as any of said rental and/or other sums shall fall due or be in arrears,
and such powers may be exercised as well after the expiration of the initiallerm of this
Lease and/or during E1ny extended or renewal term of this Lease and/or after the
expiration of any extended or renewal term of this Lease.
17.4. Eiectment. When this Lease and the term or any extension or
renewal thereof shall have been terminated on account of any default by i enant
hereunder and also when the term hereby created or any extension or renl!wal thereof
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shall have expired, It shall be lawful for any attorney of any court of record tt, appear
as attorney for Tenant. as well as for all persons Claiming by, through or under Tenant,
and to sign an agreement for entering in any competent court an amicable l~clion in
ejectment against Tenant and all persons claiming by, through or under Tenant and
therein confess judgment for recovery by Landlord of possession of the Premises, for
which this Lease shall be sufficient warrant; thereupon, if Landlord so desirl~s, an
appropriate writ of possession may issue forthwith without any prior writ or proceeding
whatsoever, and provided that. if for any reason after such action shall have been
commenced, It shall be determined that posseSSion of the Premises remain in or be
restored to Tenant, Landlord shall have the right for the same default and ulpon any
subsequent default or defaults, or upon the termination of this Lease or Tenant's right
of possession as hereinbefore set forth, to bring one or more further amicable action
or actions as hereinbefore set forth to recover possession of the Premises ,Sind
confess judgment for the recovery of possession of the Premises as hereinbefore
provided.
17,5. Cumulative Remedies. Exercise any or all such rights ,IS are
available to Landlord by law. All rights and remedies available herein or by law shall
be cumulative and in addition to every other right or remedy given herein or now or
hereafter existing at law or equity.
18. Holdina Over. In the event Tenant continues to occUP~1 the
Premises after the last day of the term or any renewal thereof, and Landlord elects to
accept monthly Rent therefor, a tenancy from month to month only shall be, created
and not for any longer period.
19. Interest and Collection Expenses. Interest shall accru'~ on any
monies due from Tenant to Landlord from the date the same are due (including Rent
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and monies advanced by Landlord to others on account of the failure of Terlant to
peTform hereunder) at the rate of one and one-half (1 112%) percent per month in
each portion thereof for which the sums are unpaid until the same is paid, lInd Tenant
shall pay the Interest upon demand, and such interest shall be considered ,~dditional
Rent. If Landlord consults an attomey for the collection of any sums due fmm Tenant
or otherwise in connection with Tenant's performance hereunder, Tenant slhall,
whether or not proceedings are instituted, reimburse Land'lord upon demand for
Landlord's reasonable attorneys' fees and court costs, if any, and such
reimbursements shall be considered Additional Rent
20. Landlord's Covenant of Tltl, and Quiet Eniovment.
Landlord covenants and warrants that, at all times when Tenant is not in dE.fault under
the terms and during the term of this Lease, Tenant's quiet and peaceable enjoyment
of the Premises shall not be disturbed or interfered with by Landlord. Landlord, in
person or by agent, shall be permitted to enter upon the Premises at reasonable times
to examine the same and/or to make such repairs as are required hereund,~r.
21. Hazardous Substances. (a) Except for normal storage and use of
such Hazardous Substances that are incidental to Tenanfs business, Tenault shall not
use the Premises to treat, produce, store, handle, transfer, process, transp,ort, dispose
of or otherwise release any Hazardous Substances (hereinafter defined) orl, from or
affecting the Premises which has caused, is causing or could cause Contamination
(hereinafter defined). Tenant has not received any summons, citation, noti~-e of
violation, administrative order, directive, letter or other communication, writh~n or oral,
from any governmental or quasi-governmental authority concerning any Int'~ntional or
unintentional action or omission on the part of Tenant with regard to Hazanjous
Substances on, from or affecting the Premises.
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(b) Tenant covenants that the Premises shall be kept free of any
Hazardous Sub6tance which is causing or could caUse Contamination and :shall not be
used to generate, manufacture, refine, transport, treat, store, handle, dispcll;e of,
transfer, produce or process any Hazardous Substance which is causing or could
cause Contamination. Tenant shall not cause or permit as a result of inten,tional or
unintentional act or omission on the part of Tenant or any subtenant the In:etallation of
any Hazardous Substance in or on the Premises or a release of any Hazardous
Substance onto or from the Premises or suffer the presence of any Hazarclous
Substance on the Premises which, In any such case, is causing or could Clluse
Contamination.
(c) Tenant shall comply with and ensure compliance with all
applicable federal, state and local laws, ordinances, rules and regulations with respect
to Hazardous Substances and shall keep the Premises free and clear of any liens
imposed pursuant to such laws, ordinances, rules and regulations. If Tenant receives
any notice from any govemmental authority with regard to Hazardous Sumrtances on,
from or affecting the Premises, Tenant shall (i) immediately notify Landlord and any
other person or governmental or quasi-govemmental authority that Tenant is required
to notify pursuant to any applicable law at such time as Tenant is aware of i! release
Of a threatened release of a Hazardous Substance on, from or affecting th.,! Premises;
(il) immediately notify the Landlord at such time as an environmental inveS'ligation or
clean-up proceeding is instituted by any person in connection with the Premises; (iii)
fully comply with and assist such environmental Investigation and clean-up
proceeding; (iv) promptly execute and complete any Remedial (hereinafter defined)
actions necessary to ensure that no environmentalllens or encumbrances are levied
against or exist wtth respect to the Premises; and (v) promptly, upon written request of
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Landlord, provide Landlord from time to time with an environmental site asnsssment or
report, in form and substance satisfactory to Landlord. Tenant shall conduc.1 and
complete all investigations, studies, sampling and testing and all Remedial. removal
and other actions n~ary to clean up and remove all Ha:zardous Substa "cas on,
from or affecting the Premises in accordance with all applicable fedellll, stute and
local laws, ordinances, rules, regulations and policies, to the satisfaction of Landlord
and to the extent that Hazardous Substances are installed, released, creatE!d by.
owned by, possessed by or otherwise generated by Tenant. If Tenant shall fail to take
such action, Landlord may make advances or payments towards performance or
satisfaction of the same, but shall be under no obligation to do so; and all isums so
advanced or paid, including all sums advanced or paid in connection with any judicial
or administrative investigation or proceeding relating thereto, including, without
limitation, reasonable attomeys' fees, fines or penalty payments. shall be immediately
repayable by Tenant to Landlord and shall bear interest at the rate establinhed in
Paragraph 19 above, until the date paid by Tenant to Landlord, and all sums so
advanced shall be considered Additional Rent.
(d) For the purposes of this paragraph. "Hazardous Substances"
shall Include, without limitation, any flammable explosives; radioactive materials;
hazardous materials; hazardous wastes; ha<!:ardous or toxic substances; hll:zardOUS or
toxic pollutant or related materials; asbestos or any material containing astlestos; or
any other substance, mixture, waste, compound, material, element, pradu(:t or matter
as defined by any federal, state or local environmental law, ordinance, rulu or
regulation. including, without limitation, the Comprehensive Environmental, Response,
Compensation and Liability Act of 1980, as amended (49 U.S.C. Sections 1801, et
~.), the Resource Conservation and Recovery Act (4:i! V.S.C. Sections !~601, et
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~.}, the Clean Water Act, as amended (33 U.$,C, Sections 1251, ~), the Clean
Air Act, as amended (42 U.S.C. Sections 7401, ~.), the Clean Stream!. Law, as
amended (35 P.S. Sections 691.101, ~.), the Solid Waste Management Act, as
amended (35 P.S. Sections 6801.101, ~.), and in the regulations adopted and
publications promulgated pursuant thereto at any time.
(e) Tenant agrees to defend, indemnify and hold Landlord harmless
from and against any losses, expenses, liabilities and claims arising from Elny breach
or default by Tenant of its representations or obligations under this paragl'llph,
including, without limitation. enforcing the obligations of Tenant under this paragraph,
and including, without limitation, reasonable attomeys' fees.
(f) The obligations and liabilities of Tenant under this pan3graph shall
survive the termination of this Lease as to any Hazardous Substances installed,
released, created by, owned by, possessed by or othelWise generated by Tenant.
(g) For the purposes of this paragraph, the term "Con1alTllnatlon"
shall mean the uncontained presence of Hazardous Sub6tance6 on the Pr'E:mi6es or
ariSing from the Premises which may require Remedial action under applic~Jble law,
the exi6tence of which MIlO created or cau6ed by Tenant.
(h) The term "Remedial" shall mean, without limitation, (i} clean-up
or removal of Hazardous Substances; (ii) such actions as may be necessary to
monitor, assess or evaluate the release or threatened release of Hazardo~ls
Substances; liii) the proper disposal or release of Hazardous Substances; (Iv) the
taking of such other actions as may be necessary to prevent, minimize or mitigate the
damages caused by a release or threatened release of hazardous substances to the
pvblic health or welfare or to the environment.
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22. Brokeraae. Landlord and Tenant both represent that neither of
them has dealt with a real estate broker in relation to this Lease. Tenant hl~reby
agrees to indemnify Landlord against sny and all claims for any real estatE!
commission claimed by any person or entity claiming through Tenant.
23. DescriDtlve Headinas. The descriptive headings of thl~ several
paragraphs hereof are inserted for convenience only and shall not control or affect the
meaning or construction of C1ny of its provisions.
24. Service of Notice. If, at any time after the execution of this Lease.
it shall become necessary or convenient for one of the parties hereto to serve any
notice, demand or communication upon the other party ("Notice"), such Nh)tice,
demand or communication shall be in writing signed by the party serving the same,
sent by certified mail, retum receipt requested, or by an overnight delivery service that
provides a receipt, or by hand delivery with signature, to the respective addresses set
forth in the preamble of this Lease. or at such other address as either party may have
furnished to the other in writing as a place for the service of Notice. Any Notice so
mailed shall be deemed to have been given as of the time it Is deposited in the United
States mail or overnight delivery service, or the time it is hand delivered wi'lh signature
to the other party.
25. Consolidation/Pennsvlvanla law. This Lease may be signed In
any number of counterparts and shall be construed under the laws of the
Commonwealth of Pennsylvania.
:26. Entlre Aareement. This Lease represents the entlre agreement
between the parties hereto. There are no agreements, negotiations or
representations, oral or written, other than as set forth herein.
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27. Time of the Essence. Time shall be of the essence a!l. to all terms
and conditions of this Lease.
IN WITNESS WHEREOF, AND INTENDING TO BE LEGALLY BOUND
HEREBY. Landlord and Tenant have set their hands and seals to this Lease the day
and year first above written.
WITNESS/AlTEST:
LANDLORD:
1073"k .
By: ~
~~
WITNESS/AlTEST:
TENANT:
Cartowne Service C
~.
Cartowne Service e
~--V&~
Phil DeMuro .
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E><h<,k~ + L
This Tennination of Agreement for Installment Sale of Real Estak (the
"Tennination") is made this i_ day of November, 2005 between RUSSELL L
MORRISON and DORIS A. MORRISON, having an address in care of William A.
Duncan, Esquire, I Irvine Row, Carlisle, PA 17013 ("Seller") and 1073 PIKE, LLP., a
Pennsylvania limited liability partnership, having an address in care of David R. G~tz,
Esquire, 508 North Second Street, Harrisburg, P A, 17108 ("Buyer").
,--,.:
COI~~Y
TERMINATION OF AGREEMENT FOR INSTALLMENT SALE OF J;lEAL
ESTATE
BACKGROUND
A. Seller and Buyer entered into an Agreement for lnstallmem :sale of: ;;:
Real Estate dated January 15, 2002 and recorded February 15,2002 in the Office ofJ'he '[;~;
Recorder of Deeds in and for Cwnberland County, PA in Misc. Book 684, Page 372Q'(tIie
"Agreement"), regarding real property and improvements thereon owned by Seller further
described in the Agreement and commonly known as 1073 Harrisburg Pike, Carli1:1e, P A
17013 ("the Property"). The Buyer is in default of its obligations under the Agret:ment
and the parties now desire to tenninate the Agreement as specified herein.
NOW TIffiREFORE, for good and valuable consideration, the receipt and.
sufficiency of which are hereby acknowledged, and intending to be legally bound.. the
parties hereto agree as follows:
L The Agreement is hereby terminated and declared to be null and
void and of no further force and effect.
2. The parties hereto agree that this Termination shall be binding
upon and insure to the benefit of the parties hereto and their respective heirs,
administrators, successors and assigns.
3. This Termination shall be governed by the laws of the
Commonwealth of Pennsylvania and shall be subject to the jurisdiction of the fed~ral or
state court in the Commonwealth of Pennsylvania.
"h
[Signatures on Following Page]
Commonwealth of Pennsy~an;a
County of CV'ffi \n(iA.la no
ss:
IN WITNESS WHEREOF, the parties hereto have executed this Terminlll:ion
Agreement on the above date.
Seller:
. ;:;'->:') ,,'::;:--:"",/':"/.)>;1.,..-- ' .
/;/; ,~ ,I -/,'/ -(,./ '-..:' I:, ,. (:v"Wf '{. j __/ ",,;u --I"
Russell L. MQrr49fim,l/\.F--'
" l'v---:-rUl"
~o--if1
Doris A. Morrison
Buyer:
1073 Pike, LLP, by its general partner
Hampden Acceptance Corpora1ion
By:
George A. Montemayor, President
On this, thed. day of November, 2005, before me, the undersigned officer, persomlly
appeared Russell L. Morrison and Doris A. Morrison, known to me (or satisfactorily
proven) to be the persons whose names are subscribed to the within instnnnent, ,Illd
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
-x,j{il.t,/i (j fY1~
" ~
. ',--
Notary Public
My Commission Expires:
NOTARIAL SEAL
Kathy L. Mummert, Notary Public
Borough of Carli.le, Cumberland Co., PA
i"t CommiG~n Exp~es 11...:'9. 1~20nT
Notary Public
IN WITNESS WHEREOF, the parties hereto have executed this Termination Agreement
on the above date,
Seller:
Russell 1. Morrison
Doris A Morrison
Buyer:
By:
1073 Pike, LLP, by its general partner
H~ZAccePt:~:_~o:oration
/' '- .'
George A. Montemayor, President
Commonwealth of Pennsylvania
County of
58:
On this, the day of November, 2005, before me, the undersigned officer, personally appeared
Russell L. Morrison and Doris A. Morrison, known to me (or satisfactorily proven) to be the
persons whose names are subscribed to the within instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
My Commission Expires:
SLJ 489254vI/OOOOO.ooo
i///./.:i':,:,. '! /,,~'i'J: ) J
Notary Public
, ~ (i:" ':.L;: ')
.
Commonwealth of P~nnsylvania
County of ""i,: [
,
55:
On this, the day of November, 2005, before me, the undersigned officer, personally
appeared George A. Montemayor, being the President of Hampden Acceptance Corporation, the
general partner of 1073 Pike LLP, a Pennsylvania limited liability partnership, known to me or
satisfactorily proven to be the person whose name is subscribed to the foregoing instmment, and
acknowledged that he has duly executed such instrument for the purposes therein contaitled.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
My Commission Expires:
COMMONWEALTH Of PENNSYl.VANIA
--,
Notarial Senl
Harva Owings: Baughman, Notary Public
City af Harrisburg, Dauphin Caullly
My Commission Expires July 12, 2008
Member, Pennsylvania Assock~tlOr. (If Notarin~
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THIS DEED
MADE
15th
day of November, 2005,
this
BETWEEN Russell L. Morrison and Doris Morrison, also known as Dtl,ris A.
Morrison, his wife, of Carlisle, Cumberland County, Pennsylvania,
"GRANTORS",
AND Keystone Arms Phase Two LP, a Pennsylvania Limited
Partnership, with offices in Lancaster, Lancaster County, Pennsylvania,
"GRANTEE",
f'....")
WITNESSETH, that in consideration of the sum of One and 00/100 ($1.00) w
Dollar, in hand paid, the receipt whereof is hereby acknowledged, the said
Grantors do hereby grant and convey in fee simple to said Grantee, its
successors and assigns,
ALL THOSE TWO CERTAIN tracts of land situate in the Township of Middlesex,
County of Cumberland, State of Pennsylvania, bounded and described as
follows:
TRACT NO.1:
BEGINNING at a post on the State Highway (formerly the Harrisburg, Carlisle
and Chambersburg Turnpike Road), corner of lands now or formerly of Norma F.
Stambaugh and the United States Government; thence along said State
Highway, North fifty-four degrees forty-nine minutes East (N 540 49' E), one
hundred five (105) feet to a stake on said State Highway; thence by land now or
formerly of Norman F. Stambaugh, South twenty-eight degrees thirty-five minutes
East (280 35' E), four hundred fifteen (415) feet to a stake on land now or
formerly of Norman F. Stambaugh; thence by the same, South fifty-four dE~grees
forty-nine minutes West (8 540 49" W), one hundred five (105) feet to a st13ke;
corner of land now or formerly of Norma F. Stambaugh and the United St",tes
Government, North twenty-eight degrees thirty-five minutes West (N 280 :l5' W),
four hundred fifteen (415) feet to a post on the State Highway, the place of
BEGINNING.
gGu'. 271 f^CE4796
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SOOK 271,'.:4797,
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CONTAINING one (1) acre.
BEING improved with a two and one-half story frame dwelling house known as
1073 Harrisburg Pike.
TRACT NO 2.
BEGINNING at a stake on the State Highway (formerly the Harrisburg, Carlisle
and Chambersburg Tumpike Road), one hundred five (105) feet northeas;l:wardly
from the corner of lands now or formerly of Milton C. Richwine and the United
States Government; thence along the State Highway, North fifty-four degrees
forty-nine minutes East (N 540 49' E), one hundred twenty (120) feet to ,I stake
on said State Highway, corner of land now or formerly of Norma F. Stambaugh;
thence by the same, South twenty-eight degrees thirty-five minutes East (S 280
35' E), four hundred fjfteen (415) feet to a stake on land now or formerly of
Norman F. Stambaugh; thence by the same, South fifty-four degrees forty-nine
minutes West (S 540 49' W), one hundred twenty (120) feet to a stake, corner of
land now or formerly of Milton C. Richwine; thence by the same, North l:wenty-
eight degrees thirty-five minutes West (N 280 35' W), four hundred fifteen (415)
feel 10 a stake on State Highway aforesaid, the place of BEGINNING.
CONTAINING one (1) acre and twenty-three (23) perches.
BEING improved with a concrete block service stalion.
BEING the same premises which Larry L. Morrison and Charene Y. Morrilwn, his
wife, by deed dated June 28, 1991 and recorded July 1, 1991 in the OffiCEl ofthe
Recorder of Deeds in and for Cumberland County in Deed Book E, Volume 35,
Page 756, granted and conveyed their one-half interest to Russell L. Morrison
and Doris Morrison, his wife, Grantors herein.
ALSO BEING the same premises which Russell L. Morrison by deed dated June
20, 1988 and recorded June 27, 1988 in the Office of the Recorder of Dellds in
and for Cumberland County in Deed Book K, Volume 33, Page 679, grarted and
conveyed his one-half interest to Russell L. Morrison and Doris Morrison, Ilis
wife, Grantors herein.
600~ Z,?1';,u[4798
w
ALSO BEING the same premises which Russell L. Morrison and Doris A.
Morrison, husband and wife, by Agreement for Installment Sale of Real E~;l:ate
dated January 15, 2002 and recorded February 15, 2002 in the Office of the
Recorder of Deeds in and for Cumberland County in Misc. Book 684, Pagl~
3720, conveyed their equitable interest in the property to 1073 Pike, LLP"I
Pennsylvania limited liability partnership. The said Agreement for InstallmEmt
Sale of Real Estate was terminated by Termination of Agreement for InstalLment
Sale of Real Estate dated November 2,2005 and recorded //.}. ?-t!??:_ in
the Office of the Recorder of Deeds in and for Cumberland County in Misc:. Book
=r :it ~ ,Page ;o9b
TOGETHER with all and singular the hereditaments and appurtenances
thereunto belonging or in anywise appertaining and the reversions and
remainders, rents, issues and profits thereof and all the estate, right, title,
interest, property, claim and demand whatsoever of the Grantors, in law, E'quity
or otherwise, of, in and to the same and every part thereof.
TO have and to hold the above described premises with the appurtenance,s unto
the Grantee, Grantee's successors and assigns, forever.
AND the Grantors do hereby covenant and agree to and with the said Grantee,
that they, the Grantors, their executors and administrators, shall and will
SPECIALLY WARRANT AND FOREVER DEFEND the hereinabove described
premises, with the hereditaments and appurtenances, unto the Grantee,
Grantee's successors and assigns, against the Grantor and against every other
person lawfully claiming or who shall hereafter claim the same or any part
thereof, by, from or under him, her, them or any of them, shall and will, subject as
aforesaid, SPECIALLY WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and !;eals,
the day and year first above written.
Witness:
dJ2A1#..tP.(<'I ;z;,;?^-'Vl..~
Russell L. Morrison
.Ai"'f~ mpA7JnL.-r'-';'.
Dor!~ Morrison-
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Doris A. Morrison . ~.-<...
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:88.
On this the 15th day of November, 2005, before me, the undersigned
officer, personally appeared Russell L Morrison and Doris Morrison, also I~nown
as Doris A. Morrison, known to me (or satisfactorily proven) to be the persons
whose names are subscribed to the within instrument, and acknowledged that
they executed same for the purposes therein contained.
WITNESS my hand and official seal the day and year first above written.
4 ~ d rYjl..U'lltnuD: (SEAL)
, Notary Public
1 Certi fy this to be recorded
In Cumberland County PA
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NOT ARIAL SI~AL
Kathy L. Mummert, Notary Public
6o'ollgh of Carlisle, Cumberland Co., PA
:.ly Commission Expire,:. Aug. 11, 2007
I hereby certify that the precise residence and complete post office address of
the within named Grantee is 120 North Pointe Boulevard. Suite 301.
Lancaster. P,;rs'9~ania 17~ _
tUvewt~ /~ ,2005 t!':!.1'h-t J!: ~:._
Attorney for Grantee
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Keystone Arms Phase Two, LP
120 North Pointe Boulevard, Suite 300
Lancaster, PA 17601
Tel (717) 519-0100
Fax (717) 569-8063
Phil DeMuro
Cartowne Service Center
1073 Harrisburg Pike
Carlisle, P A 17013
Dear Mr. DeMuro:
I represent Keystone Arms Phase Two, LP ("New Owner"), the new owner of
1073 Harrisburg Pike, Carlisle, P A ("Property"). I understand that Cartowne Servi'~e
Center ("Tenant") occupies a portion of the Property ("Leased Premises") pursuant to the
tenus of a lease agreement dated March 22, 2005 ("Lease") with 1073 Pike, LLP rlO73
Pike").
The purpose of this letter is to advise you that, for the reasons set forth below, the
Lease is no longer valid. Accordingly, please contact me as soon as possible to di:;~uss
arrangements for vacating the Leased Premises.
1073 Pike was the equitable owner of the Property pursuant to an Installmt:nt Sale
Agreement with Russell and Doris Morrison ("Morrison"). 1073 Pike breached it:;
obligations under the Installment Sale Agreement and the agreement was tenninated by
Morrison pursuant to a Tenuination of Agreement for Installment Sale of Real Estate
filed in the Office of the Recorder of Deeds in and for Cumberland County, PAin Misc.
Book 722, Page 1096. The Tenant's rights to occupy the Leased Premises are subject to
the rights of 1073 Pike in the Property. Since 1073 Pike's rights to occupy the Property
have terminated, the Tenant's rights to occupy the Leased Premises have also tenninated.
Please contact me as soon as possible to discuss arrangements for vacating the
Leased Premises.
Very truly yours,
Nicholas C. Karamanos
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KEYSTONE ARMS ASSOCIATES,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 2006-2491 CIVIL TERM
CARTOWE SERVICE CENTER,
and PHIL DEMURO,
Defendants
NOTICE TO PLEAD
To: Keystone Arms Associates
c/o Kimberly M. Colonna
100 Pine Street
P.O. Box 1166
Harrisburg, P A 17108-1166
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN NEW MATTER
WITHIN 20 DAYS FROM THE DATE OF SERVICE OF THE SAME UPON YOU.
FAILURE TO FILE A RESPONSIVE PLEADING WITHIN THE AFOREGOING TIME
FRAME, MAY RESULT IN A JUDGMENT BEIN
Paul Bradford Orr, Es
50 East High Street
Carlisle, P A 17013
(717) 258-8558
J.D. # 71786
AVERMENTS CONTAINED THEREIN MAYBE
KEYSTONE ARMS ASSOCIATES,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2006-2491 CIVIL TERM
CARTOWE SERVICE CENTER,
and PHIL DEMURO,
Defendant's
DEFENDANT'S ANSWER TO COMPLAINT
AND NOW, this 21st day ofJune, 2006, comes the Defendant's, Cartowne Service
Center and Phil DeMuro, by and through his attorney, Paul Bradford Ocr, Esquire, and does
hereby file this Answer to previously filed Complaint in the above captioned matter and in
support thereof as follows:
I. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Neither admitted nor denied. Defendant is without sufficient informatirn to
determine the truth ofthis averment as Plaintiffs Exhibit "A" was never a matter
of public record.
6. Neither admitted nor denied. Defendant is without sufficient information to
determine the truth of this averment and requires strict proof at Trial.
7. Neither admitted nor denied. Defendant is without sufficient information to
determine the truth of this averment and requires strict proof at Trial.
8. Neither admitted nor denied. Defendant is without sufficient infonnation to
detennine the truth of this avennent and requires strict proof at Trial.
9. Admitted.
10. Admitted.
11. Admitted in part and denied in part. It is admitted that there was a Lease
Agreement. However, Defendant asserts that the Lease had a two year option to
renew and thus said Lease will expire on February 28, 2008.
12. Denied. Defendant is without sufficient infonnation to detennine the truth of this
averment and demands strict proof at Trial.
13. Admitted in part and denied in part. It is admitted that Plaintiffs Exhibit "c" was
signed and notarized. All other portions of this avennent are strictly denied and
Defendant requires proof at Trial.
14. This is a conclusion of Law of which no answer is required.
IS. This is a conclusion of Law of which no answer is required.
16. This is a conclusion of Law of which no answer is required. However, Defendant
asserts that as a party in interest, due to the Lease he had signed previously, he
should have been notified of this alleged tennination.
17. Admitted.
18. Admitted in part and denied in part. It is admitted only that Keystone Anns sent a
letter to Defendant. However, the remaining portion of this avennent is a
conclusion of Law of which no additional response is required.
19. Admitted. By way offurther answer, Defendant did make contact with Keystone
.
Arms representative, Nicholas C. Karamanos. Unfortunately, no satisfactory
resolution was reached by the parties.
20. Admitted.
21. Admitted in part and denied in part. Defendant admits that Keystone Arms has
demanded no rent from him. However, by way of further answer, Defendant has
placed the appropriate monies in Escrow awaiting conclusion of this dispute.
22. Admitted in part and denied in part. Defendant admits that Keystone Arms has
demanded no rent from him. However, by \Wy of further answer, Defendant has
placed the appropriate monies in Escrow awaiting conclusion of this dispute.
23. Admitted.
24. Admitted.
25. Admitted.
26. Paragraphs 1-25 are incorporated herein by reference.
27. Admitted.
28. This is a conclusion of Law of which no answer is required.
29. This is a conclusion of Law of which no answer is required.
30. This is a conclusion of Law of which no answer is required.
31. This is a conclusion of Law of which no answer is required.
32. This is a conclusion of Law of which no answer is required.
33. This is a conclusion of Law of which no answer is required.
34. This is a conclusion of Law of which no answer is required.
35. Admitted. By way of further answer, Defendant has operated his business ott of
this location for the past 12 years and continues to assert that he has a valid Lease
through March of 2008.
36. Admitted.
37. This is a conclusion of Law of which no answer is required.
38. This is a conclusion of Law of which no answer is required.
Respectfully Submitted:
Date: ~lLJ(O b
: Paul Bradfo d Orr,
Attorney for Defendants
50 East High Street
Carlisle, P A 17013
(717) 258-8558
IDNo.: 71786
KEYSTONE ARMS ASSOCIATES,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2006-2491 CIVIL TERM
CARTOWE SERVICE CENTER,
and PHIL DEMURO,
Defendants
CERTIFICATE OF SERVICE
I, Paul Bradford Orr, Esquire, Attorney for Defendants, hereby certify that a copy of
attached Answer was served upon the following person at the following address by U.S. Mail,
delivered to addressee only:
Kimberly M. Colonna
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
Dated: Jdl", l 0 h
Paul Bradford Orr, Esquire
Attorney for Defendants
50 East High Street
Carlisle, PA 17013
(717) 258-8558
ID#71786
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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)
( )for JURY trial at the next term of civil court.
(X) for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in fUll)
(check one)
)Civil Action - Law
KEYSTONE ARMS ASSOCIATES,
Appeal from Arbitration
(X
ADDeal from District Justice
(other)
Plaintiff
vs.
The trial list will be called on
CARTOWNE SERVICE CENTER and
PHIL DeMURO,
and
Defendants
Trials commence on
Additional Defendant
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.)
vs.
No. 06-2491 CIVIL
Indicate the attorney who will try case for the party who files this praecipe:
Kimberlv M. Colonna. McNees Wallace & Nurick LLC. 100 Pine Street. P.O. Box 1166. Harrisburo, PA 17108
Indicate trial counsel for other parties if known:
Paul Bradford Orr. 50 East Hioh Street. Carlisle. PA 17013
This case is ready for trial.
Date: Julv 17, 2006
Signed ~7'1. flL..-.,
Print Name: Kimberlv M. Colonna
Attorney for: Plaintiff
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KEYSTONE ARMS ASSOCIATES, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
CARTOWNE SERVICE CENTER and
PHIL DeMURO
DEFENDANTS : 06-2491 CIVIL
ORDER OF COURT
AND NOW, this 24th day of July 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
August 14, 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~:\' ~J~
Kimberly M. Colonna, Esquire
Attorney for Plaintiff
Paul S. Orr, Esquire ~l>ftN ~
Attorney for Defendants
Court Administrator - ~~~
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KEYSTONE ARMS ASSOCIATES,
Plaintiffs/Appellees
v.
CARTOWE SERVICE CENTER,
and PHIL DEMURO,
Defendants/Appellants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2006-2491 CIVIL TERM
PRAECipe TO WITHDRAW APPELLANT'S
PREVIOUSLY FILED APPEAL
To the Prothonotary:
I am respectfully requesting that the Prothonotary mark the above captioned
matter settled, discontinued, and ended with Prejudice.
Dated: August 10, 2006
cc: Kimberly M. Colonna, Esquire
Attorney for Plaintiffs/Appellees
Paul Bradford Orr,
50 East High Street
Carlisle, PA 17013
Attorney for Defendants/Appellants
Attorney I.D. No. 71786
,A
.
KEYSTONE ARMS ASSOCIATES,
Plaintiffs/Appellees
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2006-2491 CIVIL TERM
CARTOWE SERVICE CENTER,
and PHIL DEMURO,
Defendants/Appellants
CERTIFICATE OF SERVICE
I, Paul Bradford Orr, Esquire, attorney for Defendants/Appellants, do hereby certify
that a true and correct copy of the within Praecipe to Withdraw Appellant's Previously Filed
Appeal was served upon the following individuals on the below date, by First Class Mail as
follows:
Kimberly M. Colonna, Esquire
McNees, Wallace & Nurick, LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17 08
Date: August 10,2006
BY:
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