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HomeMy WebLinkAbout02-2811COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. O~Sl, NO. 09-2-01 DJ Name: ~lon PAOLA P. COE~EAL Ad~s~: I COURTHOUSE SQUARE CARLISLE, PA Telephone: (717) 2a~O' 6564 17013-0000 ATTO1U~-EY DEF PRIVATE : NOTICE OF JUDGMENT/TRANSCRIPT pL^ NT .FNON RESIDENTIAL LEASE · NAME anCiADDRE$S FKLP REALTY, L.L.C. '~ P.O.BOX 10767 PA 17 ~, _ I DEFENDANT: NAME and ADDRE$~ KAP~ROMINGER, ESQ. 155 S. HANOVE~ STREET CAP~ISLR, PA 17013 USWBET PEAS INC., ET AL. 36 N. HANOVE~ ST CAKLI.qLE, PA 17013 Docket No.: LT- 0000226 - 02 Date Filed: 5/16/02 in a · (Date of Juclgment) 550.00, THIS IS~O NOTIFY YOU THAT: Juc~ment: FOP, PLAINTIFF ['~ Judgment was enterea for: (Name) KLP REALTY, T.. L. C. Judgment was entered agatnst SWEET PEAS INC. Landlord/Tenant action in the amount of $ 801.48 on 6/03/02 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ 550.00 Total Amounts. Established ~J. 0!~ess~Security_ Deposit A.p~d := $ Adjudicateds~o.ul~0 Rent in Arrears ~)hysical Damages Leasehold Property $. .00 -- $. .00 amages/Unjust Detention $ _ ~ -- $ _ ~O Less Amt Due Defendant from Cross Complaint interest [if provided by lease) L/T Judgment Amount Judgment Costs --"] Defendants are ~ointly and severally liable. Attorney Fees ~']. This dismissed without Total case prejudice. Judgment .DO - $ .00 $ _on $ 55.9..._0.Q $ $ 801.48 Post Judgment Credits $ Post Judgment C(~s[s ............. $ Certified Judgment Total $ O[ Satlstleo Dy time ot eviction. Possession granted. FPossession granted if money judgment is ~ Possession not grantee. ~'--~ Levy is stayed for days or [] generally stayed. * NO [~.TE FEES -']Objection to Levy has been filed and hearing will be held: Date: Place: Time: ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. MUST ,.CLUDE A COP. OF T.,S .OT, CE OF JU DG .. T r.A.SC.,PT I ceait, that this is atrue an~0r~o~ th~~epm~gs g~ai?ng'~e]bdgmeh,., I ~ //I ~~-- ~ ~ 6-3-02 Date [ /J~~ ~ ,: ~,'. ' , District O~stice My commission expires fir~day of January, 2006. AO.C 3~ S~-99 SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FIRED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ............................... ; SS AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appear, Common Pleas No. (date of service) _, upon the District Justice designated therein on , [] by personal service [] -by (certified)-(registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto~ [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on mail sender's receipt attached hereto. ~ [] by personal service [] by (certified) (registered) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ......... '~/gnature O/ a#i~i,;; My commission expiCes on .................... CllIMMON~EALTH OF PENNSYLVANIA NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS N~ ~),~- .?- ~ Jl ~ NOTICE OF APPEAL Notice is gi~mfl that the oppdlant has flied in the above Court of Comman PJeas an appeal from the judgment rendered by the District Justice an the dote and in the case mentianed belo~ .. ,..o/.,m,,. TNs block will be g, gnod ONLY when ~s nomtian is reqdred undm Pa. R~. ~ I! 8pt:~llact ~ CLAIMANT (see Pa. R.C,.P.J.P. No. 1008B. This Notice of Appeal, when reas~ved by the District Justk:e, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FiLE PRAECIPE: To Prothanotory (Comman Pleas No. O...Z. A~I! ('rhis section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be sen/ed upon appellee). · " Name ~ ~( '-~.. ) within twenty (20) days afte~ seevias of rule or suf~' entry of judgment of non RULE~ To ,%~rne o~ (1) You am notified that a rule is hereby entered upon you to file a comph3int in this appeal within twanty (20) days after the date of sorvlce of this mie upon you by pmsanal seevice or by certified or reglstmed mail (2) If you do not file a complaint within this time, a J~NT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if stay, as was by mail is the dote of mailing. Date:~, COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALT,~OF PENNSYLVANIA COUNTY OF _. L ./Z'~ ~..~.~) ........ ; SS AFFIDAVIT: I hereby swear or affirm that I served ~ a copy of the Notice of Appeal, Common Pleas No. g/~- ,~,:J:>,// , upon the District dustice designated therein on (date of service) ............... , [~[ by p,~o,.na~erW,,~e []. by (certified) (registered) mail. sender's r~,e~ .at,~c..,n~ here,o, ana upon ,ne appe,ee fnamej ./%-~ ~ ..Z:~_ , on _ ._(~z'. ~.~'.Z~_ .... [] by personal servi~e J~r. by (certifiedi'i~~;nder s receipt atta~'l~-~reto. 1.~ and further that I served the Rule to File...a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ~ /~ 42~ [] by personal service J~ by (certified) (registered) mail, sender's rece pt attached hereto. ' SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS I I *~ DAY OF ~,.~-.u6~___, 2-Z~2.. I U~ M. ~, ~ Pu~lo I ~y ~mm~sslon expires oJ ~ ~ ~m~ ~ J Signature of affiant... KLP REALTY, a Pennsylvania Limited Liability Company, and KRISTINE L. POLKINGHORN Plaintiffs Ye SWEET PEAS, INC., a Pennsylvania Corporation, VICTORIA DIANA, and JAMES DIANA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2811 CIVIL TERM LANDLORD-TENANT 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 KLP REALTY, a Pennsylvania Limited Liability Company, and KRISTINE L. POLKINGHORN Plaintiffs Ve SWEET PEAS, INC., a Pennsylvania Corporation, VICTORIA DIANA, and JAMES DIANA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2811 CIVIL TERM LANDLORD-TENANT COMPLAINT 1. Plaintiff KLP REALTY, L.L.C. is a limited liability company duly organized and existing under the laws of the Commonwealth of Pennsylvania. It's principal place of business has a mailing address of Post Office Box 10767 Harrisburg, Dauphin County, PA 17105. 2. Plaintiff KRISTINE L. POLK1NGHORN is an adult individual currently residing at 4111 Copperfield Drive, Harrisburg, Dauphin County, PA 17112. 3. Defendant SWEET PEAS, INC., is a Pennsylvania corporation that, to the best of Plaintiffs' knowledge is duly organized and existing under the laws of the Commonwealth of Pennsylvania. Its last known address was 36 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, where this corporation operated a children's clothing store. Plaintiffs believe and therefore aver that Defendant Sweet Peas Inc. is operating out of Defendant Dianas' residence at 183 Faith Circle, Carlisle, Cumberland County, Pennsylvania. 4. Defendants VICTORIA DIANA and JAMES DIANA are adult individuals who are married and reside together at 183 Faith Circle, Carlisle, Cumberland County, Pennsylvania. 5. Plaintiffs and Defendants executed a Lease for the premises owned by Plaintiffs and known and numbered as 36 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. This Lease was for a term of one year to commence on June 13, 2001, and a copy of this Lease is attached hereto and incorporated herein as Plaintiffs' Exhibit A. The Lease was prepared by Defendants' former attorney, and it named all of the parties herein as parties to the Lease. 6. By notice dated March 1, 2002, and served on Defendants by certified mail, return receipt requested, Plaintiffs gave Defendants notice to vacate the above-described premises. The reasons given in said notice, which is attached hereto and incorporated herein as Plaintiffs' Exhibit B, were Defendants' failure to pay rent due for the month of February, 2002, as well as the fact that Defendants had failed to comply with their obligations to make improvements to the leased area on a timely basis for which the Landlord had abolished rent in advance. 7. To this date, the rent for the month of February, 2002 has not been paid nor have the improvements been performed by the tenant as promised in paragraph number 25 of the Lease which states that in exchange for abolishing rent for the months of August and September 2001, the tenant would purchase and install carpeting, remodel the back rooms, perform electrical upgrades, and install new shelving and steps in the rental unit. 8. On March 25, 2002, Defendants were advised through a letter to Defendants' attorney that the Lease would expire on June 13, 2002, and it would not be renewed for another term because the tenant had been and remained in breach of the Lease Agreement. Further, Defendants were advised that all fixtures and improvements to the property were to remain with the property. 9. a Certificate of Insurance showing Plaintiffs as an additional insured on a plate glass and public liability insurance policy. The Certificate has never been provided to Plaintiffs. The Lease states in paragraph 11 that Defendant was to provide the Plaintiffs with 10. Paragraph 4 of the lease prohibits Defendants from making alterations to the premises without permission, but Defendants installed signs on the facade of the building to advertise their business rather than placing signage inside of the storefront windows or requesting permission to place signage on the facade above the windows. 11. Defendants designated parking spaces for their own exclusive use without any permission or authorization from Plaintiffs, exceeding the provisions of the Lease which specifically was limited to "first floor retail space." 12. Paragraph 8 of the lease grants pemiission to Plaintiffs to enter upon the property to make inspections; however, Defendants ignored numerous requests for appointments for a walk through, and Plaintiffs changed the locks so that Plaintiffs had no key to gain entry to their property. 13. On June 13, 2002, Landlord/Plaintiffs arrived at the property at approximately 1:00 p.m. and found the premises completely abandoned with the door propped open. Upon further inspection, it was determined that the circuit breakers had been removed from the electrical box; an air conditioner belonging to the Landlord had been removed from the property; electrical outlets had been removed from the walls; plumbing fixtures had been removed, and the attached pipes had been cut off at the floor level; light fixtures were removed; the bathroom ceilings had been removed; the plate glass in the front door had been broken. Approximately one hour later, Tenants relinquished the keys to the property to their attorney's office, who in turn turned them over to Landlord. 14. Despite demands by Plaintiffs, Defendants have refused to pay Plaintiffs the rent due for the month of February, 2002, in the amount of $550.00. 15. Defendants have not perfoi-iiied the improvements to the rental unit for which Defendants were forgiven two months' of rent payments totaling $1100.00. 16. A notice served by the Plaintiffs on Defendants by certified mail dated November 17, 2001, provided for late charges for any and all monies due, said late charge being in the amount of $25.00 for the first day and $10.00 per day thereafter. Defendants thereby are indebted to Plaintiffs for late charges for the rent that has still not been paid for February, 2002, as well as late charges for the rent for the month of May that was paid on May 9, 2002, nine days late. 17. Defendants have not paid the rent for June 1, 2002 through June 13, 2002, which is due and owing in the amount of $238.33, plus late fees. 18. Further, Defendants vandalized the property in the process of vacating, which resulted damage and loss to Plaintiffs in an amount that is as yet unliquldated, but is somewhere in excess of $2600.00.. 19. Paragraph 18 of the Lease provides that attorney's fees and all costs are to be awarded to the prevailing party in the event that a suit is brought by either party. Plaintiffs have incurred $1400.00 in attorney's fees through the drafting and filing of this Complaint as a result of Defendant's breach of the Lease agreement. Plaintiffs will also incur additional attorney's fees at the hourly rate of $125.00 per hour for work done subsequent to the filing of this Complaint. 20. Plaintiffs' notice to vacate the premises was consistent with the terms of the Lease. Defendants have violated the terms of the Lease and have provided Plaintiffs with good cause to evict them. 21. Plaintiff's notice that the lease would not be renewed for a second one-year term upon its expiration was consistent with the terms of the Lease. At paragraph 22 the Lease states that the option to renew would only be available to the Defendants if Defendants were not in default in their performance of the lease obligations. WI-IERElrORE, Plaintiff respectfully requests that this honorable court: a) Enter judgment against Defendant for possession of the premises known as 36 North Hanover Street, Carlisle, Cumberland County, Pennsylvania; b) Enter judgment in Plaintiff' s favor and against Defendant for $2653.33, the amount of rent and late charges due as of June 28, 2002, together with all additional late fees due during the pendancy of this proceeding; and c) Enter judgment in Plaintiffs' favor and against Defendants' for an amount of money to cover the cost of repairing the damage that Defendants did to the property when Defendants vandalized it in the process of vacating; and d) Enter judgment in PlaintiWs favor and against Defendant for all costs of this action, and Plaintiffs attorney's fees of $1400.00 to date, together with all attorney's fees incurred subsequent to the filing of this Complaint. Respectfully Submitted, Stephanie E. Chertok, Esquire Counsel for Plaintiff 61 West Louther St. Carlisle, PA 17013 (717) 249-1177 VERIFICATION I verify that the statements made in this complaint are true and correct to my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 ~ite~i'A~/£ ~~~°~sw°rn falsificati°n ~~,~i ,~~ ~ · ~y tJc~s~:y,~.~ .°lLin~h°rn f°r KLP REALTY, a Pennsylvania Limited Liability Company, and KRISTINE L. POLKINGHORN Plaintiffs SWEET PEAS, INC., a Pennsylvania Corporation, VICTORIA DIANA, and JAMES DIANA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2811 CIVIL TERM LANDLORD-TENANT CERTIFICATE OF SERVICE Stephanie E. Chertok, counsel for Plaintiffs KLP Realty, L.L.C., and Kristine L. Polkinghom, hereby certifies that on the ~ tr. day of ~e_. she served a certified copy of the Complaint upon Sweat Peas, Inc. Victoria Diana and James Diana by serving their counsel of record, Karl Rominger, Esquire in the following manner: First class mail, postage prepaid to the offices at 155 South Hanover Street, Carlisle, PA, 17013 Dated: June ~[ , 2002 /~ph,~nie E. Chertok, Esquire ~ar- K:P Real~ LLC ~0 '717-236-6759 717 -Z36-6?SS 'p.1 82105 1. i~M AI~) R~NT. LessOr 4~is~s ~he above l~m js~s ~or ~ 1~r~ of'onc (1) year. ~mg t~e t~ o(~is le~ A:I r~l ~ ~11 bc made 7o1~ P.O. Box I0767, ~isbur~ P~yl~m ~TIO!. 4. A~2~T:ONS. ~ ~all n~ wight fi~ ~tain~g ~e ~n ~n~t of ~sor, pan ~ 5. ORDINANCES AND STAT'J'I~S. T.~.aa~ si~alt ~ply ~m all ~ut~ ~na.~ r~r~ of;~l ~ici~l, s~te ~d ~J ~h=iti~ n~ in ~ ~ ~icE tomy h~ be F~ ~aiclng to :ho pmmi~ ~ ~ o~ ~ng ~e ~e ~f~ I~ 6. - A~IONM~'T ~ND SUNG. ~ ~al] not ~i~ ~is I~ ~oe Of~e p~s~ wi~h~r pr~ ~i~ c~n~t of mc ~, whi~ ~1 net ~ u~n~ly ~, may te~in~e ~is 1~ 7. U~. Ail ~]~ ~d ~n~s ~r n~ uglilY/~ m tho d~is~ ~i~ s~l ~ ma~ in :hc ~e of~ &~iy, ~ ~ ~11 ~ ~lely liable 9. PO~ -~- ~-~JN. fit -"'"~- is mane to deli',~'r ~ of the taeemiseS at the commmcanmt he,:eat'. Le~l. shaft nm be linb~ for any damap =maed thereby, net ~ ~ ~,.-.,~ be v~l ee v~,dable, T.rsMu shall not b~.lta~ fat am,/rum undl p0esmaioa is deli~red. L~,sm mwteeminat~This leuc prose,akin is nm ddlvered within 45 ~ of the comntent~anm ol'&be term be~eo£ lO. INI~M'N~cATroN OF LF..SSOIL l.e,~, or any other person, er ~o any properS, cx:mzninS Ga t~e demir, ad premi:~, c~ any ran thcreef. and Lessee ~ :o hoJd L~ btrmJer, a fi'mtl ~ claim for etamaSes, no manet i~w 1 !. ~5URANCr'. l~:ssee, a~ his ~cpense, re, hall mtintaie 0t-re gl~ss and public liability inr*ludine bodily i~]ury zed ptapm~ damage in~'iug Le_t_,ec and Letsor with minimum ~overa~e as follow-- :¢ be $ Lassce shall pro,ode Ur. st, or with a CmJfieale of lnsuzance ~OUnng L-'ssor as ~kiitional ins~ed. The Cmi§ente shall provide for a ten.d~ v~mm nc, r. ir~ m ~ in ~ c~-tlt of cnnce, ltation or ~anec o:'coverage. To khe m~t]mum extc.~ pe~miRed by ~surnace~oiicie~ qadaic~ may be owned by LeSser at L~ee, :..:ss=-. an~ Lesson ~or ti:..- benefit ofea~ other, v, ai~ m~y righ~ ot'$uix, ogalao~ wn~ch mlgh: c~h~f,4'ise P~ 03/85 12. any ~t iff 12. DESTRUCTION OF PRE'riSES. re me e~e~t ofapa~at de~j~ of~e ~is~ dmmg ~e s~ ~f. ~om any ea~ L~or shall f~th ~t ~e ~mc, ~d~ ~m ~ ~ ~ bc ma~ ~h/n (~0) ds~ un~ ~ing ~c~t~l laws ~d ~i~. but suc~ p~ai d~zon ~1i nm ~ i,,ina~ T~f$ ]~, exit ~ ~ ~alt bc cfltifl~ ro a om0~ionat: redu~ of:~[ ~h~le ~cn r~a~s are ~ing m~e. ~s~ u~n the ~Imt to ~ich ~e m~L~g ofsu~ r~a~ s~alI iR~ with :~c ~ssn~s o~ L~ on the ~is~ Ifs~h ~a~s ~n~ ~ m~ .~ ~d $ix~ (~0) ~. :h~ ~t ;roao~y aM~ ~ afcr~i~, ~d in t~ ~t ~t L~r ~11 n~ ci~ ~o ~c such pa~.. Ia ~c ~t ~ ~: ~ild~g in which d~i~ p~i~s m~y ~ sit~t~ is ~ to au ~tem of not I~ ~ ~c-chird of thc r~t ~s ~er~ ~ may ~ to t~m this I~ wh~:~ ~i~ ~~ju~ arno. A m~al d~i~ of ihs ~ilding in whi~ the ~i~ m~ ~ xhuated ~ali ~inate ~s l~. ;'.. L~SSOR'S RF~vlEDJES ON DEFAL,~.T. If Lasaee defaniLs re'the p~em of~ ~ any a~iU~al rcm. ~ ~1= in ~e ~ of~y of~o ~= ~ ~ ~itions h~=o~ L~r ~y ~ve ~ nmi~ of s~ ~u~ and j~ a~ ~ng ofsu~ n~ tot ifs~ ~ ~ with~ ~ ~ if~ d~ ~: ~ Tnt sur~nd.e ~pemenioa ~'~he Inmists to L~dr d. ? i ?-236-6'7q~ ~i~, ~ ~ell pay to L~ u~ ~ of~ ~ b~ ~ ~ ~ to ~ mo~ of cente- or ~ comm~rein~ build~g in which ta~er. 3t~ common areas, Lessee sgnms m I~y his pro-mm shaze ofrnmntenance. ~xes. and insuranee fo~ th~ common ann. ) 8. ATTOI~,NFEY'$ FEES. In c~ '-,it shall be bro~rsbt for recovery ot'l~e ~ ~ f~ my · r~aole ~m~'s ! ~. WA YER. No';hiturc a£Le~sor to en~orc~ any ~ ho'cofsh~ll be dtemed to bt ~ waive. Any s~eh notice whleh e~tcr ~ ~, ~ ~ r~ui~ m gi~ shah ~.. OP'~ JON TO REN£'W. Provided t~t L~ is n~ m d~ut: in ~ p~o~ of~is 1~ ex~an~ o~:~e lni~j le~ :~. Ail of~ ~s ~d ~d~ ~ J~ ~}i ~J~ du~flg ~e rm~i ,~,,. Th~ mmm~ r~: ~1 ~ ~e s~c as m~ ~ ~r one ~l p~a& ~ ~ ~11 ~. SU~INATION. ~b ~ i; ~ ~H ~ s~ntcd m ~11 ~i~ng ~d e~ i iem 24. RADON GAS DISCLOSURF,. A~ requited by law,/,ess~, makes ~e ~l~b8 di~ "~N GAS" is a ~ ~g.~di~ g~ ~ ~m ~ h~ ~ in ~ ~ild~: m ~ ~pi~, ~J~s for ~, iFnny, r~ ~ P~T ~ ~iidin~ 25. ~ AO~. ~ ~g ~ ~ ~im ~mt ~ ~ ~m ~d ~~,~I ~ ~l~,~ b ~ ~.~s~Au~t ~ KLP ~ea].~,~ LLC KLP I~e=~:~l LLC 71 ?-23~-~79~9 p. 4 Signed this 6th day of Augttst, 2001. Mar ~0 O2 lO:03a KLP Rea 1 t~l LLC LANDLORD'S NOTICE TO VACATE Date: To: M~u-ch h "002 James Diana and'or Victoria Diana and/or Sw~ Peas, Inc. To the above Tenant and ~11 o~h~rs now in possession 34 or 36 N. Hanover S~L Carlisle. PA. Cumbcrl~d You ar~ hereby reauested to quit. vacate and deliver possession there.mr to llac Lll'loer$igBCd APril 2. 2Ug2. Thi~ notice to xacate is due to your tbllowing breach or .'.enancy: N,m p;~ymcnr vl'r~nt :mc'or ia:c Failure re comely with improvements on a timeiy basis tar which we abolisneci rent Should y(~u ,":ail. reI~se or neglect to pay your rent., cure th-' breach, or vacate said premt~es ~v~:,m 30 days from service ofthis notice. I wi)l take such legal action as the taw requires to e~,ict yuu bro.m the premises. You are to lumber understand that we shah in all instanc~ hold you responsible ibr all F. rcscat and fi~ture rents due under your tenancy agreements. Further. any/all filing fees, court l:~ea, crc wi!i b~ :" ~/ "-L/~ ~-- / CERTIFIED .MA L. Re.urn Receipt Requested ,~ ?000 !670 i)005 !014 uoaO KLP REALTY, : a Pennsylvania Limited Liability : Company, and KRISTINE L. : POLKINGHORN, : Plaintiffs Vo SWEET PEAS, INC., a Pennsylvania: Corporation, VICTORIA DIANA, : and JAMES DIANA, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2811 LANDLORD/TENANT NOTICE TO PLEAD TO: KLP REALTY, a Pennsylvania Limited Liability Company, and KRISTINE L. POLKINGHORN, C/o Stephanie E. Chertok, R.N., Esquire 61 West Louther Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed Preliminary Objections of Defendants within twenty (20) days from service hereof or a judgment may be entered against you. Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants KLP REALTY, : a Pennsylvania Limited Liability : Company, and KRISTINE L. : POLKINGHORN, : Plaintiffs SWEET PEAS, INC., a Pennsylvania: Corporation, VICTORIA DIANA, : and JAMES DIANA, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2811 LANDLORD/TENANT PRELIMINARY OBJECTIONS OF DEFENDANTS AND NOW, come Defendants, by and through their privately retained counsel, Karl E. Rominger, Esquire and make the following Preliminary Objections. 1. Plaimiffs filed a Complaint on June 28, 2002. 2. The Complaint seeks a Judgment of Possession as to certain real estate at 36 North Hanover Street, Carlisle, Pennsylvania, as well as rent and late charges and money to cover repairs allegedly needed and attorney's fees. 3. The Complaint predicated in whole or in part upon a contractual relation which is attached as Plaintiffs Exhibit "A". 4. Defendant Sweet Peas, Inc., is in no way mentioned in said lease. 5. The lease in its first paragraph says that it is made between Kristine L. Polkinghom and/or KLP Realty, and James Diana and/or Victoria Diana. 6. The last page of the lease contains the signature of a Christopher Polkinghom as agent for KLP Realty and agent for Kristine L. Polkinghom. 7. The lease is also signed by Victoria Diana but at no place or point does the signature of James Diana appear. 8. While Christopher Polkinghom signed as an agent for KLP Realty, at no point was any signature attributed to an officer or agent acting for Sweet Peas, Inc. 9. Since no privity exists as to James Diana and Sweet Peas, Inc., Defendants respectfully request that they be struck from the suit as named Defendants. 10. Defendants thus assert that this Complaint based upon the lease is only properly between KLP Realty, Kristine L. Polkinghom and Victoria Diana and that Sweet Peas, Inc., and James Diana are not appropriate Defendants. WHEREFORE, Defendants jointly request that Defendant, James Diana, and Defendant, Sweet Peas, Inc., each be struck as they are not properly Defendants in this action as they were not parties to the lease, or in the alternative that the Court require Plaintiffs to plead additional facts or circumstances which would demonstrate that Sweet Peas, Inc., and/or James Diana are appropriate Defendants in this suit. Date: July 30, 2002 Respectfully submitted, ROMINGER & BAYLEY Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants KLP REALTY, : a Pennsylvania Limited Liability : Company, and KRISTINE L. : POLK1NGHORN, : Plaintiffs SWEET PEAS, INC., a Pennsylvania: Corporation, VICTORIA DIANA, : and JAMES DIANA, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2811 LANDLORD/TENANT CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendants, do hereby certify that I this day served a copy of the Preliminary Objections of Defendants upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Stephanie E. Chertok, R.N., Esquire 61 West Louther Street Carlisle, PA 17013 Dated: July 30, 2002 Karl E. Rominger, Esquire Attorney for Defendants KLP REALTY, a Pennsylvania Limited Liability Company, and KRISTINE L. POLKINGHORN Plaintiffs SWEET PEAS, INC., a Pennsylvania Corporation, VICTORIA DIANA, and JAMES DIANA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2811 CIVIL TERM LANDLORD-TENANT 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 KLP REALTY, a Pennsylvania Limited Liability Company, and KRISTINE L. POLKINGHORN Plaintiffs Vo SWEET PEAS, INC., a Pennsylvania Corporation, VICTORIA DIANA, and JAMES DIANA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2811 CIVIL TERM LANDLORD-TENANT PLAINTIFFS' AMENDED COMPLAINT COUNT I: LANDLORD-TENANT COMPLAINT AGAINST ALL DEFENDANTs 1. Plaintiff Ki, P REALTY, L.L.C. is a limited liability company duly organized and existing under the laws of the Commonwealth of Pennsylvania. It's principal place of business has a mailing address of Post Office Box 10767 Harrisburg, Dauphin County, PA 17105. 2. Plaintiff KRISTINE L. POLKINGHORN is an adult individual currently residing at 4111 Copperfield Drive, Harrisburg, Dauphin County, PA 17112. 3. Defendant SWEET PEAS, INC., is a Pennsylvania corporation that, to the best of Plaintiffs' knowledge is duly organized and existing under the laws of the Commonwealth of Pennsylvania. Its last known address was 36 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, where this corporation operated a children's clothing store. Plaintiffs believe and therefbre aver that Defendant Sweet Peas Inc. is operating out of Defendant Dianas' residence at 183 Faith Circle, Carlisle, Cumberland County, Pennsylvania. 4. Defendants VICTORIA DIANA and JAMES DIANA are adult individuals who are married and reside together at 183 Faith Circle, Carlisle, Cumberland County, Pennsylvania. 5. Plaintiffs and Defendants Victoria Diana and James Diana executed a Lease for the premises owned by Plaintiffs and known and numbered as 36 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. This Lease was for a term of one year to commence on June 13,2001, and a copy of this Lease is attached hereto and incorporated herein as Plaintiffs' Exhibit A. The Lease was prepared by Defendants' former attorney, and it named Victoria Diana and James Diana as parties to the lease. Although only Defendant Victoria Diana signed the lease, Plaintiffs believe and therefore aver that she signed not only for herself but also on behalf of Defendant James Diana. 6. Plaintiffs believe and therefbre aver that Defendant Sweet Peas, Inc. owned inventory in the retail store that operated out of the leased premises at 36 North Hanover Street and that this Defendant also may assert that it had some possessory interest in the promises. Accordingly, Plaintiffs are seeking possession of the premises against this particular Defendant also. 7. By notice dated March 1, 2002, and served on Defendants by certified mail, remm receipt requested, Plaintiffs gave Defendants notice to vacate the above-described premises. The masons given in said notice, which is attached hereto and incorporated herein as Plaintiffs' Exhibit B, were Defendants' failure to pay rent due for the month of February, 2002, as well as the fact that Defendants had failed to comply with their obligations to make improvements to the leased area on a timely basis for which the Landlord had abolished rent in advance. 8. To this date, the rent for the month of February, 2002 has not been paid nor have the improvements been performed by the tenant as promised in paragraph number 25 of the Lease which states that in exchange ibr abolishing rent for the months of August and September 200 I, the tenant would purchase and install carpeting, remodel the back rooms, perform electrical upgrades, and install new shelving and steps in the rental unit. 9. On March 25, 2002, Defendants were advised through a letter to Defendants' attorney that the Lease would expire on June 13, 2002, and it would not be renewed for another term because the tenant had been and remained in breach of the Lease Agreement. Further, Defendants were advised that all fixtures and improvements to the property were to remain with the property. 10. a Certificate of Insurance showing Plaintiffs as an additional insured on a plate glass and public liability insurance policy. The Certificate has never been provided to Plaintiffs. 11. Paragraph 4 of the lease prohibits Defendants from making alterations to the premises without permission, but Defendants installed signs on the facade of the building to advertise their business rather than placing signage inside of the storefront windows or requesting permission to place signage on the facade above the ~vindows. 12. Defendants designated parking spaces for their own exclusive use without any permission or authorization from Plaintiffs, exceeding the provisions of the Lease which specifically was limited to "first floor retail space." 13. Paragraph 8 of the lease grants permission to Plaintiffs to enter upon the property to make inspections; however, Defendants ignored numerous requests for appointments for a walk through, and Plaintiffs changed the locks so that Plaintiffs had no key to gain entry to their property. 14. On June 13, 2002, Landlord/Plaintiffs arrived at the property at approximately 1:00 p.m. and found the premises completely abandoned with the door propped open. Upon The Lease states in paragraph I 1 that Defendant was to provide the Plaintiffs with further inspection, it xvas determined that the circuit breakers had been removed from the electrical box; an air conditioner belonging to the Landlord had been removed from the property; electrical outlets had been removed from the walls; plumbing fixtures had been removed, and the attached pipes had been cut off at the floor level; light fixtures were removed; the bathroom ceilings had been removed; the plate glass in the front door had been broken. Approximately one hour later, Tenants relinquished the keys to the property to their attorney's office, who in mm turned them over to Landlord. 15. Despite demands by Plaintiffs, Defendants have refused to pay Plaintiffs the rent due for the month of February, 2002, in the amount of $550.00. 16. Defendants have not perlbrmed the improvements to the rental unit for which Defendants were tbrgiveu two months' of rent payments totaling $1100.00. 17. A notice served by the Plaintiffs on Defendants by certified mail dated November 17, 2001, provided tbr late charges for any and all monies due, said late charge being in the amount of $25.00 lbr the first day and $10.00 per day thereafter. Defendants thereby are indebted to Plaintiffs for late charges Ibr the rent that has still not been paid for February, 2002, as well as late charges Ibr the rent for the month of May that was paid on May 9, 2002, nine days late. 18. Defendants have not paid the rent for June 1, 2002 through June 13, 2002, which is due and owing in the amount of $238.33, plus late fees. 19. Further. Defkndants vandalized the property in the process of vacating, which resulted damage and loss to Plaintiffs in an amount that is as yet unliquidated, but is somewhere in excess of $2600.00.. 20. Paragraph 18 of the Lease provides that attorney's fees and all costs are to be awarded to the prevailing party in the event that a suit is brought by either party. Plaintiffs have incurred $1400.00 in attorney's fees through the drafting and filing of this Complaint as a result of Defendant's breach of the [,ease agreement. Plaintiffs will also incur additional attorney's fees at the hourly rate of $125.00 per hour for work done subsequent to the filing of this Complaint. 21. Plaintiffs' notice to vacate the premises was consistent with the terms of the Lease. Defendants have violated the terms of the Lease and have provided Plaintiffs with good cause to evict them. 22. PlaintifCs notice that the lease would not be renewed for a second one-year term upon its expiration was consistent with the terms of the Lease. At paragraph 22 the Lease states that the option to renew would only be available to the Defendants if Defendants were not in default in their perfbrmance of the lease obligations. WHEREFORE, Plaintiffs respectfully requests that this Honorable Court: a) Enter judgments all three Defendants of possession of the premises known as 36 North Hanover Street, Carlisle, Cumberland County, Pennsylvania; b) Enter.iudgment in Plaintiff's' favor and against Defendants Victoria Diana and James Diana for $2653.33, the amount of rent and late charges due as of June 28, 2002, together with all additional late fees due during the pendancy of this proceeding; and c) Enter judgment in Plaintiff's' favor and against Defendants for an amount of money to cover the cost of repairing the damage that these Defendants did to the property when DefEndants vandalized it in the process of vacating; and d) Enter judgment in Plaintiffs' lhvor and against Defendants James Diana and Victoria Diana for ail costs of this action, and Plaintiff's attorney's fees of $1400.00 to date, together with all attorney's fees incurred subsequent to the filing of this Complaint. COUNT II COMPLAINT IN TRESPASS AGAINST DEFENDANT JAMES DIANA 23. The allegations contained in paragraphs 1 through 22 above, are incorporated herein and made a part hereof as if more fully set forth. 24. Plaintiffs believe and therefore aver that Defendant James Diana did much, if not all, of the malicious damage set forth in detail in Paragraph 14 of the Complaint that is incorporated herein. 25. Defendant James Diana is liable for all damages done to the realty by virtue of his vandalism. In the event that James Diana is not found to be a party to the lease in question, Plaintiffs are entitled to recovery from him for all damages that he did to the realty on or about June 13, 2002. WHEREFORE, Plaintiffs request that this Honorable Court enter a judgment in Plaintiff's favor and against Defendant James Diana fbr an amount of money to cover the cost of repairing the damage that Defendant James Diana did to the property when he vandalized it in the process of vacating said premises, together ;vith costs of this action. Respectfully Submitted, Stephanie E. Chertok, Esquire Counsel for Plaintiff 61 West Louther St. Carlisle, PA 17013 (717) 249-1177 VERIFICATION I verify that the statements made in this complaint are true and con'ect to my personal knowledge. I understand that any thlse statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Dated: ~-~ JA ~._~ Chrisropnef' B. Polkfnghom for :l KLP Realty, L.L.C. J KLP REALTY, a Pennsylvania Limited Liabiliw Company, and KRISTINE L. POLKINGHORN Plaintiffs Vo SWEET PEAS, INC., a Pennsylvania Corporation, VICTORIA DIANA, and JAMES DIANA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2811 CIVIL TERM LANDLORD-TENANT CERTIFICATE OF SERVICE Stephanie E. Chertok, counsel for Plaintiffs KLP Realty, L.L.C., and Kristine L. Polkinghom, hereby certifies that on the ogOO¢/q' day of/4~/,rSt7t' she served a certified copy of the Amended Complaint upon Sweat Peas, Inc. Victoria Diana and James Diana by serving their counsel of record, Karl Rominger, Esquire in the following manner: Dated: August ~og ,2002 First class mail, postage prepaid to the offices at 155 South Hanover Street, Carlisle, PA, 17013 /~ph~hie E.'C"hertok, Esquire KLP REALTY, : a Pennsylvania Limited Liability : Company, and KRISTINE L. : POLKINGHORN, : Plaintiffs SWEET PEAS, INC., a Pennsylvania: Corporation, VICTORIA DIANA, : and JAMES DIANA, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2811 LANDLORD/TENANT .NOTICE TO PLEAD TO: KLP REALTY A Pennsylvania Limited Liability Company and KRISTINE L. POLKINGHORN C/o Stephanie E. Chertok, R.N., Esquire 61 West Louther Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed Preliminary Objections of Defendants to Second Amended Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Date: October 8, 2002 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant KLP REALTY, : a Pennsylvania Limited Liability : Company, and KRISTINE L. : POLK1NGHORN, : Plaintiffs Vo SWEET PEAS, INC., a Pennsylvania: Corporation, VICTORIA DIANA, : and JAMES DIANA, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2811 LANDLORD/TENANT PRELIMINARY OBJECTIONS OF DEFENDANTS TO SECOND AMENDED COMPLAINT AND NOW, come the Defendants, by and through their counsel, Karl E. Rominger, Esquire and make the following Preliminary Objections. I. Plaintiffs filed a Complaint on June 28, 2002 and an Amended Complaint on August 28, 2002. 2. The Complaint seeks a Judgment of Possession as to certain real estate at 36 North Hanover Street, Carlisle, Pennsylvania, as well as rent and late charges and money to cover repairs as allegedly needed and attorney's fees. 3. The Complaint is predicated in whole or in part upon the contractual relation which is attached as Plaintiffs Exhibit "A". 4. Defendant Sweet Peas, Inc., is in no way mentioned in said lease. 5. The lease in its first paragraph says that it is made between Kristine L. Polkinghorn and/or KLP Realty and James Diana and/or Victoria Diana. 6. The last page of the lease contains the signature of a Christopher Polkinghorn as agent for KLP Realty and agent for Kristine L. Polkinghorn. 7. The lease is also signed by Victoria Diana but at no place or point does the signature of James Diana appear. 8. While Christopher Polkinghom signed as an agent for KLP Realty, at no point was any signature attributed to an officer or agent acting for Sweet Peas, Inc. 9. Since no privity exists as to James Diana and Sweet Peas, Inc., Defendants respectfully request that they be struck from the suit as named Defendants. 10. Defendants thus assert that this Complaint based upon the lease is only properly between KLP Realty, Kristine L. Polkinghom and Victoria Diana and that Sweet Peas, Inc., and James Diana are not appropriate Defendants. 11. Possession is not at issue and is solely vested in Plaintiff(s). WHEREFORE, Defendants jointly request that Defendant, James Diana, and Defendant, Sweet Peas, Inc., each be struck as they are not proper Defendants in this action as they were not parties to the lease, or in the alternative that the Court require Plaintiffs to plead additional facts or circumstances which would demonstrate that Sweet Peas, Inc., and/or James Diana are appropriate Defendants in this suit. Date: October 8, 2002 Respectfully submitted, ROMINGER & BAYLEY K~ E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants KLP REALTY, a Pennsylvania Limited Liability Company, and KRISTINE L. POLK1NGHORN, Plaintiffs Vo SWEET PEAS, INC., a Pennsylvania: Corporation, VICTORIA DIANA, : and JAMES DIANA, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2811 LANDLORD/TENANT CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendants, do hereby certify that I this day served a copy of the Preliminary Objections of Defendants to Second ,4mended Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Stephanie E. Chertok, R.N., Esquire 61 West Louther Street Carlisle, PA 17013 Dated: October 8, 2002 Karl E. Rominger, Esquire Attorney for Defendants KLP REALTY, a Pennsylvania Limited Liability Company, and KRISTINE L. POLKINGHORN Plaintiffs SWEET PEAS, INC., a Pennsylvania Corporation, VICTORIA DIANA, and JAMES DIANA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2811 CIVIL TERM LANDLORD-TENANT PLAINTIFFS' ANSWER TO DEFENDANTS' PRELIMINARY OBJECTIONS 1. Admitted. 2. Admitted in part and denied in part. The complaint also contains a count in trespass against Defendant James Diana for malicious damage (vandalism) to the premises. 3. Denied. The complaint is based upon three theories: (a) the lease between Plaintiffs and Defendants Victoria Diana and James Diana; (b) the factual allegation that the Defendant Sweet Peas, Inc. was in fact utilizing the premises as a tenant; and (c) the allegation in trespass against Defendant James Diana for malicious damage to the premises. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part and denied in part. It is admitted that Defendant Victoria Diana did not specifically write that she was signing for Defendant James Diana. However, it is alleged in Paragraph 5 of Plaintiffs' Complaint that in fact she intended that her signature be on his behalf as well as for herself. 9. Denied. Plaintiffs are without knowledge as to the truth of Defendants' allegation that "privity" does not exist between James Diana and Sweet Peas, Inc. In any event, any such lack of privity does not alter the fact that Plaintiffs have alleged causes of action against Defendants James Diana and Sweet Peas, Inc. 10. Denied. Plaintiffs have alleged that Defendant James Diana, who is named as a party to the lease, is in fact a party to said lease by virtue of Victoria Diana's signature. This is a factual allegation to be resolved by the trier of fact and not to be resolved through Preliminary Objections. Moreover, Plaintiffs have alleged the causes of actions set forth in Paragraph 3, supra, namely, the request for possession against Defendant Sweet Peas, Inc. and the request for damages against Defendant James Diana as a result of his vandalism of the premises. Accordingly, they are proper Defendants in this action. 11. Denied. There is nothing of record to indicate that possession is not an issue in this case, other than the unverified assertion in Defendants' Paragraph 11 that it is not an issue. It would appear that the proper way to resolve this issue is via a stipulated judgment for possession in Plaintiffs' favor rather than through Preliminary Objections; in this way Defendant Sweet Peas, Inc. would no longer be involved in the lawsuit. WHEREFORE, Plaintiffs respectfully request that the Defendants' Preliminary Objections be overruled and that this Honorable Court order Defendants to answer the Complaint within twenty (20) days. RespeCt, Stephanie E. Chertok, Esquire Counsel for Plaintiff 61 West Louther Carlisle, PA 17013 (717) 249-1177 VERIFICATION I verify that the statements made in this answer are tree and correct to my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unswom falsification to authorities. /~tel~anie-E. Che"~ok--~ Esq. KLP REALTY, a Pennsylvania Limited Liability Company, and KRISTINE L. POLKINGHORN Plaintiffs Vo SWEET PEAS, INC., a Pennsylvania Corporation, VICTORIA DIANA, and JAMES DIANA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2811 CIVIL TERM LANDLORD - TENANT CERTIFICATE OF SERVICE Stephanie E. Chertok, counsel for Plaintiffs KLP Realty, L.L.C., and Kristine L. Polkinghom, hereby certifies that on the c,~re{ day of ~ she served a certified copy of the Plaintiffs' Answer to Defendants' Preliminary Objections Amended Complaint upon Sweet Peas, Inc. Victoria Diana and James Diana by serving their counsel of record, Karl Rominger, Esquire in the following manner: Dated: October v,7-~ , 2002 First class mail, postage prepaid to the offices at 155 South Hanover Street, Carlisle, PA, 17013 /~ephan~e E. Chertok, Esquire