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Home My WebLink About96-05662 J ~ :.r . ~ .-: I ~ J """":'. _}/o'~i7:?:';-~-=w', "~'" or . _. ,:l: ,..:; r.: "~'::"">:~"/I" :~""M,<:5~ . .tf.'"':o}g~~;~"o'e~ . ~ 0' , , ,{)2 ',,;~.:~: ,"'- :{;i;;--:-i th>~--~fn-_ - > ~" ,8:., """y :~'d, ,:.,~. ';:rr.2" 'j:,' ". ".~ ~." g '~H: f<:l'~;}lf ~ . I., ;i"" '"' ~-- ,:"-'-'" --. .. '~" , . U . ... ... OW . ~ .. .. ~ p r: . .. lit o . .... . ~ v.:::. ..... \ Q " .~ . '~~\.6 '. \::)... ~t>o .... 1'(, " ~ ~!~~ b~~ ,,~ (~ "' ., . "'- a- 0 coo ~... ...c ~ "CI) 1- .. '0. C ..., , "I' 0 . . . "'''' .111 t w ~ , '0 5tllii ~elIZ c ~ '" '" . 00'" "''0''''' ... ~~~ cJ1 II ,', IIIC.cC fII .c."'O 0 = >.g OC .....c . !Ialt o .., "''''''' .. .... ell .. "'a.. ....c.: u...o l:I ... e::s . ='00'" > ...oc oc. o>c.. z~ .... , 'Ooc,w u c..., " ... . i \l ~' I . , . I PROPERTY MANAGEMENT, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. tj~. 5' t./t, J.. (Iii J~e.. ANTHONY K. NEASE, individually and trading as AIR PRO ASSOCIATES and a/k/a FILTER QUEEN, CONFESSION OF JUDGMENT FOR MONEY AND IN EJECTMENT Defendant NOTICE OF JUDGMENT To: ANTHONY K. NEASE, individually and trading as AIR PRO ASSOCIATES and a/k/a FILTE QUEEN, Defendant You are hereby notified that on r'( t t b ( 1 , 19~ the following Judgment was entered against you in the above captioned case. Judgment by Confession in the amount of S40.332.61 and in ejectment for possession of the real property located at Hickory Building, First Floor, West Shore Office Park, 5004 Lenker Street, Mechanicsburg, Pennsylvania 17055. Date: /0 /j. q"- . I hereby certify that the na person to receive this notice is: Mr. Anthony K. Nease Air Pro Associates a/k/a Filter Queen West Shore Office Park Hickory Building, First Floor 5004 Lenker Street Mechanicsburg, PA 17055 . . . PROPERTY MANAGEMENT, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ,1" ..")'I,.,.J.. e.~ 0-. ANTHONY K. NEASE, individually and trading as AIR PRO ASSOCIATES and a/k/a FILTER QUEEN, CONFESSION OF JUDGMENT FOR MONEY AND IN EJECTMENT Defendant COMPLAINT FOR CONFESSION OF JUDGMENT AND NOW, comes Plaintiff, Property Management, Inc., by and through its attorneys, the Law Offices of Stephen C. Nudel, and respectfully files this Complaint for Judgment by Confession as follows: 1. Plaintiff is Property Management, Inc., with a place of business located at 1300 Market Street, Lemcyne, CUmberland County, Pennsylvania 17043. 2. Plaintiff is agent for the Owner of the premises located at West Shore Office Park, 5004 Lenker Street, Mechanicsburg, CUmberland County, Pennsylvania 17055. 3. Defendant is Anthony K. Nease, individually and trading al Air Pro ASlociates and a/k/a Filter Queen, with a place of business located in the Hickory Building of the West Shore Office Park, 5004 Lenker Street, Mechanicsburg. CUmberland County. Pennlylvania 17055. Air Pro Associates is an unregistered entity. . . '. 4. On or about April 20, 1995, Plaintiff as Lessor and Defendant as Lessee executed a Commercial Lease ("LEASE") for the premises located on the First Floor of the Hickory Building of the West Shore Office Park, 5004 Lenker Street, Mechanicsburg, CUmberland County, Pennsylvania ("PREMISES"). A true and correct photostatic copy of the Lease is attached hereto and made a part hereof as "Exhibit A". 5. The initial term of the Lease expires April 30, 1998. Defendant has defaulted under the terms of the Lease and the Lease has been terminated. 6. The Lease has not been assigned. 7. No judgment has been entered on the Lease in any jurisdiction prior to this action. 8. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. COUNT I: DAMAGES 9. The averments set forth in paragraphs 1 through 8 are incorporated herein by reference as if set forth at length. 10. The Lease provides, inter alia, for the payment of rent in advance on the first day of each calendar month, late payment charges, and, in the event of a default, acceleration of monthly rent. costs of suit and attorneys fees in the amount of ten percent (10'1 of Plaintiff'. claim against Defendant. 11. Defendant has defaulted under the terms and conditions of the Lease for failing to pay rent and other charges when due. . . Defendant has failed to pay rent and other charges for the period of September, 1996, to the present. 12. Defendant is liable to Plaintiff for the period of September 1996, through the end of the term as follows: Amount Past OUe (Rent) Amount Past OUe (Late Charges) Unpaid Balance of Instrument Attorneys Fees (10\) $ 3,410.56 $ 165.45 $ 33,090.00 $ 3,666.60 TOTAL $ 40,332.61 13. Although not required under the terms of the Lease. written notice of Defendant's default was forwarded via certified mail to Defendant on September 11, 1996. The notice was returned to Plaintiff "unclaimed". A true and correct copy of the September 11, 1996, notice is attached hereto and made a part hereof as "Exhibit B". 14. The Lease provides, inter alia. that in the event Defendant defaults in the payment of rent due for a period of twenty (20) days. Plaintiff may confess judgment against Defendant. WHEREFORE. Plaintiff demands judgment in the amount of $40.332.61 in accordance with the terms of the Lease as authorized by the Warrant appearing in the attached Lease plus interest. costs of suit and attorneys fees. COUNT I I: EJECTMENT 15. The averments set forth in paragraphs 1 through 14 are incorporated herein by reference as if set forth at length. . ~ COMMERCIAL LEASE PARTIES THIS AGREEMENT OF LEASE, is made this cl~nJ-day of Ale/I- , /9?S- between PROPERTY MANAGEMENT, INC., Agent/or Mr. Harold A. Shaub (for the purpose of this Lease to be known as "Lessor") and AIR PRO ASSOCIATES (for the purpose of this Lease to be known as "Lessee"). PREMISES WITNESSETH, that Lessor in consideration of the rents and covenants hereinafter mentioned, does demise and lease unto Lessee, all that cenain space to be used for office purposes, hereinafter referred to as "the Space". and more specifically described as follows: BUILDING: Hickory Building of the West Shore Office Park ADDRR\;S: SOO4 Lenker Street, Mechanicsburg, Pennsylvania 17055 SQUARE FOOTAGE SUITE FLOOR 3,309 rentable First TERM TO HAVE AND TO HOLD, unto Lessee, subject to the conditions of this Lease, for the term beginning May I, 1995 and ending April JO, 1998. BASE RENT . Mav 1. 1995 to A9r11 30. 1996. IN CONSIDERATION of which. Lessee agrees to pay to Lessor for the use of the Space, the sum of Sixteen Thousand Five Hundred Forty Five and 001100 Dollan ($16.54.5.00), to be payable in monthly installments of One Thousand Three Hundred Seventy Eight and 7.51100 Dollars ($1.378.7.5), in advall:C, on the rll'St day of each calendar month durina the lerm be&innintl May 1. 199.5 m1 endq April 30. 1996. 1 f'XIIIIlIT A BASE RENT. Mav 1. 1996 to Aoril30. 1997. IN CONSIDERATION of which, Lessee agrees to pay to Lessor for the use of the Space, the sum of Nineteen Thousand Eight Hundred Fifty Four and 00/100 Dollars ($19,854.00), to be payable in monthly installments of One Thousand Six Hundred Fifty Four and 50/100 Dollars ($1,654.50), in advance, on the. first day of each calendar month during the tenn beginning May 1, 1996 and ending April 30, 1997. BASE RENT . Mav 1. 1997 to Aoril 30. 1998. IN CONSIDERATION of which, Lessee agrees to pay to Lessor for the use of the Space, the sum ofTwenty Three Thousand One Hundred Sixty Three and 00/100 Dollars ($23,163.00), to be payable in monthly installments of One Thousand Nine Hundred Thiny and 25/100 Dollars ($1,930.25), in advance, on the first day of each calendar month during the tenn beginning May I, 1997 and ending April 30, 1998. LATE CHARGE Any rent not paid within ten (10) days of its due date shall be subject to a ten percent (10%) late charge. Payments, when received by Lessor, shall be applied first to delinquent rents and late charges, if any. SECURITY DEPOSIT A "security deposit" in the amount of One Thousand Three Hundred Seventy Eight and 75/100 Dollars ($1,378.75). paid upon the execution of this Lease, shall be held by Lessor as security for the perfonnance by Lessee of all the terms. covenants. and conditions or this Lease and/or the correction of damage in excess of normal wear and tear; otherwise. the "security deposit" , or any balance thereof. shall be returned without interest after the Lessee has vacated and left the premises in acceptable condition and surrendered all keys to Lessor. It is understood and agreed that the said 'security deposit" is not to be considered as the last payment under the Lease. RENEWAL OPTION Lessee shall have the riaht and option of renewlna this Lease at a rate to be lICJOliated upon the same terms and cooditions as berein contained for a period of three (3) years, provided that: 1. leu~ is DO( in default bereunder. 2. t ess~ lives notice of its exercise of this option DOt less than ninety (90) days prior to the expiration of the qinal term. 3. Exercise of tile option shall not act as a renewal also of this option, 10 that tile maximum tCt1ll of this Lase and all remwaIs Wll be sit (6) yem. 2 electricity, or for any other purpose without the written consent of the Lessor. Funher, the electricity supplied to the demised premises shall not be used for any other purpose than lighting fluorescent and incandescent lamps, typewriters, adding machines, electric clocks, letter folders, dictating equipment, personal computers, and other office equipment that will not require an unusual amount of electricity, without the written consent of Lessor. The Lessor, in all cases, reserves and retains the right to require the placing and using of electrical protecting devices to prevent the transmission of excessive currents of electricity in, to, or through the Building, and to require the changing of wires and their placing and arrangement as the Lessor may deem necessary; and funher, to require compliance on the pan of all using or seeking access to such wires with such roles as the Lessor may establish relating thereto, and in the event of noncompliance with the requirements and roles, the Lessor shall have the right to immediately cut and prevent the use of such wires. In case the Lessee. in the reasonable judgment of the Lessor, uses electricity in an extravagant or unreasonable manner, said Lessor may require said Lessee to put in a meter or meters and pay for the amount used (if such would occur, the rental payments would be reduced by the amount allocated therein for the costs incident to supplying a reasonable amount of electricity to the demised premises). or in default thereof, the supply to be cut off. NEGATIVE COVENANTS OF LESSEE (a) Waste. Dama2e. or Iniul'\' to Premises: Restoration No waste, damage. or injury to the Space shall be committed, and at the end of the term, the Space shall be restored, at the option of the Lessor, to the same condition in which it was at the commencement of the term, and the cost of said restoration shall be paid by Lessee, which cost shall be treated as additional rent due and owing under the terms of this Lease. This paragraph is subject to the exceptions of ordinary wear and tear and unavoidable damage by rue, elements, casualty, or other cause or happening not due to Lessee's negligence. (b) La"ful Possession. Fire Precautions. Machinery. Weiehts Lessee shall not carry on any unlawful or immoral business in or about the Space, and shall not carry on' any business which will endanger the Building from rue or cause a forfeiture of any rue insurance that Lessor has or may hereinafter have on the Building. Lessee sba11 use every precaution against fire or activities which would cause a forfeiture of any rue insurance. Lessee shall not operate any machinery or equipment that may be harmful to the Building or disturbing to other occupants of the Buildm,. nor place weights in any ponion of the Space beyond the safe carrying capacity of the StnlCture. (c) SI&m Lessee shall not place any signs upon the exterior of the Space nor cause any 1ettering of any kind whalSOC\OCr to be placed upon the outside wiOOows of the Space. Lessee may, however. place a siln upon its door. 5 (d) Alterations and Irnorovements Lessee shall make no alterations, additions, or improvements in or about the Space without Lessor's prior written consent. All such work shall be done at such time and in such manner as shall minimize any inconvenience to other occupants of the Building. As a condition precedent to Lessor's consent, Lessee shall deliver to Lessor written plans and specifications for all work and written plans and specifications for all heating, ventilating, and air conditioning alterations and/or improvements. Lessor shall have the right to approve any contractor to be used by Lessee in connection with any approved alterations and/or improvements to the Space. Lessee shall comply with all governmental rules and regulations in connection with such work and shall prevent any lien or obligation from being created against or imposed upon the Building and will discharge all liens and charges for services rendered or materials furnished immediately after said liens occur or such charge becomes due and payable. Any alterations, additions, or improvements made by Lessee and any fIXtures installed as part thereof, shall at Lessor's option become the property of Lessor upon the expiration or sooner tennination of this Lease; provided, however, that Lessor shall have the right to require Lessee to remove such fIXtures or improvements and restore the Space to its original condition at Lessee's cost upon the expiration or sooner tennination of this Lease. (e) Vacation Ltssee shall neither vacate nor desert the Space during the tenn of this Lease nor pennit same to be empty and unoccupied. (I) AsslenlDl~. etc. bv Lessee Lessee shall not have the privilege of assigning or subletting the Space, or mortgaging any interest it may have by virtue of this Lease, unless the written consent of Lessor is fU'St obtained. such consent to be reasonable and shall not be arbitrarily withheld. LESSOR'S RIGHTS (a) Rlchl or lnsJIedloo It is .,reed and understood that Lessor, Lessor's duly authorized Ilents, contracton. and employees may enter the Space It reasonable times durina the tenn for the purpose of 'n..-tin.. 1........--. (b) 'Illes and RHUlatlons Lessor may from time to time establish reasonable rules and reJUlations for the safety, care, and cleanliness or the Space and the Buildina, and for the preservation of cood order therein. Such rules and reaulatiom sbaU. wben ootice thereof is liven to lasee, fonn I pan of this 1..aJe. 6 REMEDIES OF LESSOR If Lessee should remove or prepare to remove, or attempt to remove from the Space before the expiration of the tenn or at any time during the continuance of this Lease, or if Lessee shall be in default of any installment of rent for the period of twenty (20) days, or should there be a default in any of the covenants or conditions as herein contained, and should Lessee fail to remedy such default within twenty (20) days of notice, or if Lessee should become insolvent, or make an assignment for the benefit of creditors, or if a petition in bankruptcy is filed by or against Lessee or a Bill of Equity or other proceeding for the appointment of a receiver for Lessee is filed, or if proceedings for reorganization or for composition with creditors under any state or federal law be instituted by or against Lessee, or if the real or personal property of Lessee shall be sold after levy by any Sheriff, Marshal, or Constable, then in that event, rent for the unexpired portion of the then current tenn of this Lease, at the rate which is then due and collectible under the tenns of this Lease, shall immediately become due and payable and shall be collectible by distraint or otherwise, and Lessor shall have the further right in said event, to forfeit and tenninate this Lease; the said forfeiture to be effected by giving notice in writing to Lessee herein or to the person then in charge of the Space. RESPONsmlLlTY OF LESSEE (a) Damal!e5 or Iniurv to ProDertv All damages or injuries done to the Space by Lessee and/or Lessee's customers, clerks, servants, agents, employees, visitors of Lessee, and individuals for whom Lessee is responsible, other than those caused by ordinary wear and tear, shall be repaired by Lessee at its expense. Lessee covenants and agrees to make such repairs upon twenty (20) days' written notice given to Lessee by Lessor, and if Lessee shall neglect to make said repairs or commence to make the same promptly or complete the same within twenty (20) days after receiving such notice, Lessor shall have the right to make such repairs at the expense and cost of Lessee, and the amount thereof may be collected as additional rent accruing for the month following the date of the said repairs, and if said expense is made at ..:~ expiration of the tenn, then the cost so made may be collected by the Lessor as additional rent for the use of the Space during the entire tenn. (b) Pa\1Mnt of Judement. etc:. Lessee shall bear, pay, and discharge when and as the same become due and payable all judgments and lawful claims for damages or otherwise against Lessor, arising from Lessee's use or occupancy of the Space and will assume the burden and expense of defending all such suits, whether brought before or after the expiration of this Lease, and will protect. indemnify, and save hannless Lessor, or Lessor's agents, servants, employees, and the public at large. 7 (c) Dischar2e of liability In consideration of securing this Lease at the above-stated rent, Lessee does hereby release and discharge the Lessor, its agents, servants, and/or employees, and said Lessor's successors and/or assigns, from any and all liability by reason of any injury, loss, and/or damage to any person and/or propeny in the demised premises, whether belonging to Lessee or any other person, caused by any fire, the breaking, bursting, stoppage and/or leakage of any water pipe, gas pipe, sewer, basin, water closet, steam pipe, and drain in any part or portion of the Space and/or any part or portion of the Building of which the Space is a part. and from all liability for any and all injury, loss and/or damage caused by the water, gas, steam, waste, and contents of said water pipes, gas pipes, steam pipes, sewers, basins, water closets. and drains, or from any kind of injury, loss and/or damage which may arise from any other cause on the premises or in the Building. RESPONsmlL1TY OF LESSOR (a) Partial or Total Destruction of Prooertv In the event that the Building or the Space shall be totally or substantially damaged by fire or other casualty or happening, this Lease shall not tenninate, but in such event Lessor agrees to repair, restore, or rebuild the Space as the case may be, subject to the availability of insurance proceeds, to its condition immediately prior to such damage or destruction with due diligence and within four (4) months after such damage; and in the event that the demised premises cannot be repaired. restored, or rebuilt as aforesaid. within such four (4) months' period, Lessor's sole remedy shaH be the right to cancel and tenninate this Lease without further liability on the part of either pany. The rent payable hereunder shall entirely abate in case the demised premises are substantially destroyed or so damaged as to be rendered untenantable, or abate proportionately according to the extent of the injury or damage sustained by the Space, if it is not substantially destroyed but is rendered partially untenantable, until the Space shall have been restored, repaired. or rebuilt, as the case may be. and put in proper condition for use and occupancy. Lessor agrees to institute such repairs immediately after such damage and to complete the same with due diligence and within a reasonable time. Panial destruction shall be restored 'within ninety (90) days from the date of desuuction, and complete desuuction shall be completely rebuilt within 120 days from the date of destruction to the extent feasible. '. (b) DamlllH' for InterruDtion of Use Lessor shall not be liable for any damage, compensation. or claim by reason of inconvenience or annoyance arising from the necessity of making repairs, alterations, and/or additions to any ponion of the Space, the intemlplion in the use of the Space, or the tennination of this Lease by reason of the de5truction of the Space. 8 ACCEPTANCE OF NOTICE TO OUIT: DISPOSSESSION: WAIVER OF REMEDIES BY LESSEE: W AIVER OF DEMAND Lessee hereby accepts notice to quit, remove from, and surrender up possession of the Space to Lessor at the expiration of the tenn hereof, whenever it may be detennined. On failure to pay rent due for twenty (20) days, or upon breach of any other condition of this Lease, as possibly modified by the Paragraph entitled "Remedies of Lessor" hereof, despite the distraint, Lessee shall be a nontenant, subject to dispossession by Lessor, without further notice or process of law, with release of error and of damages, and Lessor may reenter the premises and dispossess Lessee without thereby becoming a trespasser. Lessee hereby waives the benefit(s) of all exemption laws of this Commonwealth that are now in force or may hereinafter be in force, or in any action or actions that may accrue on this Lease, and in any distress or distresses that may be made for collection of the whole of said rent, or any part thereof. Lessee also waives the benefit of stay of execution, inquisition, extension. right of appeal, certiorari, and all errors in all proceedings arising out of this Lease. Lessee does also hereby waive any and all demand for payment of the rent herein provided for, either on the day due or on any other day, either on the land itself or in any other place, and agrees that such demand shall not be a condition of reenuy or of recovery of possession without legal process or by means or any action or proceeding whatsoever. CONFESSION OF JUDG~IENT If rent and/or charges hereby reserved as rent shall remain unpaid for twenty (20) days beyond any day when the same should be paid, Lessee hereby empowers any Prothonotary or Attorney of any court of Record to appear for Lessee. in any and all actions which may be brought for rent and/or the charges, pa~1nCnlS, costs, and expenses reserved as rent, or agreed to be paid by Lessee and/or to sign for Le~see an agreement for entering into any competent court an amicable action or actions for the recovery of rent or other charges or expenses, and in said suit(s) or in said amicable action or actions to confess judgment against Lessee for all or any part of the rent specified in this Lease and then unpaid including the rent for the entire unexpired balance of the tenn of this Lease. and/or other charges, payments, costs, and expenses reserved as rent or agreed to be paid by Lessee, and for interest and costs together with an attorney's commission of ten percent (10$); and judgment in ejectment as herein provided may be entered concurrently therewith. Judgment may be confessed repeatedly until any deficiency is collected. '. EJECTl\fEr'ili At the end of said tenn. whether the same shall be detennined by forfeiture or expiration of the tenn. or upon the breach of any of the conditions of this Lease, as possibly modified by the Paragraph entitled "Remedies of Lessor' hereof, Lessee authorizes any attorney of a court of record in Pennsylvania to appear for Lessee in an amicable action of ej~tn&ent and confess jud.ment against Lessee in such action and Lessee in such event further authorizes the immediate issuance of a Writ of Possnsion for the same, with Writ of Execution for the costs, and with reasonable attorney's ftes fOf prosecution of such action. 9 LIABILITY RELffiF Lessee hereby relieves Lessor from all liability by reason of any injury. loss, and/or damage to any person or property in the Space which may arise from or be due to the use, misuse, or abuse of the elevator(s), if any, hatches, openings, stairways, or hallways, that may be (or have been) constructed in the Building, or from any kind of injury, loss, and/or damage which may arise from any other cause on the premises or in the Building. POSSESSION DEFINED Possession or the Space includes the exclusive use of the same. together with the use, in common with any other occupants of the Building, of the hallways, stairs, elevator(s), if any, toilet rooms, parking area, if any, heat, air conditioning, electricity. lighting, and water. REMEDIES CUMULATIVE All remedies of Lessor shall be cumulative and concurrent. CONDEMNATION In the event that the Space or any part thereof is taken or condemned for a public or quasi-public use, this Lease shall, as to the part so taken. terminate as of the date title shall vest in the condemnor, and rent shall abate in proportion to the square feet of leased space taken or condemned or shall cease if the entire Space be so taken. If a part taken substantially and unreasonably interferes with the function and efficiency or Lessee' s business. Lessee may terminate this Lease on the remaining portion of the Space by delivering a fifteen (IS) day written notice to Lessor. In any event, Lessee waives all claims against Lessor and the condemning authority by reason of the complete or panial taking of the Space. SUBORDINATION OR SUPERIORITY: ASSIGNMENT BY LESSOR The rights and interests of Lessee under this Lease shall be subject and subordinate to any first mortgage that may be placed upon the Space and to any and all advaoces to be made thereunder, and to the interest thereon. and all renewals, replacements, and extensions thereof. Any mortgagee may elect to give the rights and interest of Lessee under this Lease priority over the lien of its mortgage. In the event of such election and upon notification by such mortgagee to Lessee to that effect. the rights and interests of Lessee under this Lease shall be deemed to have priority over the lien of said mortgage. whether this Lease is dated prior to or subsequent to the date of said mortgage. Lessee shall execute and deliver whatever instruments may be required ror such purposes and in the event Lessee fails to do so within ten (10) days after demand in writing. Lessee does hereby make, constitute. and irrevocably appoint Lessor as its attorney-in- fact and in its name. place and stead so to do. Lessor may assign its interest in this Lease or any part thereof, and such assignee shall thereupon be deemed Lessor hereunder. 10 ~ l 1 r IN WITNESS WHEREOF the parties have hereunto set their hands as individuals or the hands and scals or their respective corporation or partnership, hereunto duly authorized, intending fully to be bound thereby. LESSOR: PlGPDft IIIUBIIDT. me.. .&pal for 1Ir. Harold A. SIwIb '- Title: ~~/.~/?/ p.z-9'?S- TNESS:~/~(J.~ Date: LESSEE: All PIG ASlIOOIl'I'BS WITNESS: Title: "'IU,.;~A- Date: 'Ifto hs I 12 I . .. . . .. . Property Management, Inc. Scplcmber II, 1996 Mr. AnthODY Nease AIR PRO AssocialcS West Shore Office Park Hickory Building, First Floor ~004 LcoIcer Street MecIw1icsburg, PCDDS)'lvaoia 170S~ Dear Mr. Nease: As per the caaditioos of your lease Ip'CCDlCDt with Property MaoagClllClll, Inc., Aaelll Cor Mr. Harold A Shaub for office space in the Hickory Building oC the West Shore Office Parle, you are bereby giVCll ootice that you are in deCault of the lease Io&fcaDCDt Cor the DOD-paymcDt ofrenlllld lalc charges in the amO\lDt ofS3,S9S.98 u detailed below. Additionally, bee'UK of this deCault, the reIll Cor the unexpired portioo oC the cunent ICnD of the lease is hereby due aod coIJccliblc by distrainl aod you are no;Jied that the lease agreement is terminated. The finaJ balance due is u Collows: MOIIlh Rent SI,614.S8 I ,6~4.~0 3,269.08 Lalc Char&es SI6J.4S 16S.4~ 326.90 August 1996 September. 1996 Past Due Char&es to Date Balance of Lease October 1996. Apri1 1998 7 moaths@SI,6S4.S0 12 moaths @ SI,930.2~ Total Rent Due: Total ~Cbar&a Due: TOTAL DUE: ll,SIl.S0 23,163.00 31,013.$1 326.90 S31,340.4I AIIo, ~ die lalIII oldie Jeuc. you haw tweIIty (20) days in which to comet this defau1t. If pI)1IIeIll lalIill oC the put due ~ is IIllt teCCived in our oIIice by die cIoIe 01 bIIs~ 011 October I, 1996, teaal JlfOC~;"I' will bqiD Cor die co1Iedioa ollhis ootstmIiD& ba1IIII::e aDd )'011I' e~ictiaIl &om .. premises. s;..cad)', PROPERlY MANAGEMENT. INC. JPSbr JIIIICS P. Secpt UI'. Jr, CPM ~~ Fl:HIRIT Il 1300 MarUI SI....I. PO 80.622 'lemo~. Penn.ytvlnill' 17o.c3 0622 'C7171 730-4141 . FAX (111) 730.4140 . .. . . .. . . '. . ~RIFICATION I, James P. Stephens, Jr., President of Property Management, Inc., being authorized to do so, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. PROPERTY MANAGEMENT, INC. Date: IOfl/i& S008C ~~:~l'<>><l;'-''' ~ ~;;;;I ~:~ :s" cf"~ l(",>.tl~. 2~: ~ ;~~, :.tc:,< .... ~ .... ~ ~ :~,::, ~\~c,. ..!Q\.. a J;;_l':t.-~'> 'i'~-~' ' ,..,..-...._::;::,-," ..... - '-:..j/,:---'e-"'" - ~.'" tiC." .11>.....1 .. '-8 r:::::!o . Jo .., 0"" '8':8~ ,..... :un: ttlllll. I~~! Bit;8 -. . .. . ~ ... .... .... .. ... .. 41 . C .. ... I: " .. ... .li 00 . ~ E .. 00 i 00 ~ u-::. ~ .\o~ ................. ...:f0 . ~~. ~ . 10 0\ ~'8 '010 III .. .. .. 4IlI:lZ .. .... ..'0.... lI)CoCO oClO"'O = >e8 III "'lI:lIA '... lI:l .. WlOoC~ ::I ... . ..'00" I> ..... 01>0011I Ill'" , "'OIll.K laC"" OC....OCIO :e " 8 .. OoCl; "ZM ...o~ ~Cl.lo 00 Ill.'" o ..00 "'M ..fall:l Ooll:lll) ....... Yll:l.. !1Il o .OoU 00 . . ,;j I ... l!lIlf , ~r~ .. - . .. ... - . ~ , . .,' .. ' . .. II . .-,c; . IlI1 - .- 0 CI' 0 ;:',"Xc 11 coo ... ... ~ ...a 4> l> ... 'Oil a III - ... II II IlI1 -I< .u .. - - '0 lQ III C 4>UlIII C ~ ... - liIIllI1 " .. II 1lI1"'1<1lI1 ... 0 IlI1 ... UlCoCC Gl 1:1 lIr ~1Il"'O 0 IlI1 oC I< .. III >og III t1 . !tl ~:; ~ "'UlIll1 ..... CG" ... IOllloC~ .. E g ... ... . r;'Oo" I< > "'Ill III 14 ~>lIrll IlI1 lIr ... , u 2 '01ll.lt .c"" lIr oc...oc. -'-", I '- " ~ PROPERTY MANAGEMENT, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-5662 CIVIL ANTHONY K. NEASE, individually and trading as AIR PRO ASSOCIATES and a/k/a FILTER QUEEN, CONFESSION OF JUDGMENT FOR MONEY AND IN EJECTMENT Defendant CERTIFICATE OF SERVICE I hereby certify that Notice pursuant to Rule 2973.2 has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, certified, return receipt requested. at Harrisburg, Pennsylvania, as follows: Mr. Anthony K. Nease Air Pro Associates a/k/a Filter Queen West Shore Office Park Hickory Building, First Floor 5004 Lenker Street Mechanicsburg, PA 17055 A true and correct copy of the Notice together with the original Receipt for Certified Mail and Domestic Return Receipt are attached hereto as evidence of service. D"<, I-dl -C)'l ~~~, 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney ID '72669 Attorney for Plaintiff 5007 PROPER':''i MA.NAGEME~IT. :~C. Pla:n:iff IN THE C::t:?7 OF COMMON PLEAS CL~BER~~ COu~ITY. PENNSYLV~~IA .. . . NO. 96-:';,,: C:'i::' TE1<:4 ANTHONY K. NEAS E , individually and trading as AIR PRO ASSOCIATES and a/k/a FILTER eUEEN. Defendant CCNFESS:::N OF ~~~GMEN7 FOR MONEY AND IN E';EC'j1E~IT ~lOT:C=: t1';:ER Rt:tE :S-j. ~ OF J',:::GME)r:' ~T:l EXEC'.-r:::N 7HERE:N Nc:ice of Defendant's Ri;h:s To: ~~~iONY ~ ~eASEt ind~vidually and :~adi~g as A::t Pi\.O ;"S5CC:.~':":::S a::d a:'I;,"a F:!.TER Ct~E~, :e:enda:l~ A judgment for possession of real property has been entered against you and in favor of the plaintiff ~ithou: prior notice and hearing cased on a confession of judg=ent ccn:ained in a promiss:ry no:e or ot~er dec~ment a::eged:y exec~ted by ycu. The sherif: ~~y remove yeu frc~ tte property a: any :ime after thirty days after the date on ~hich this notice is se~,ed on you. Yeu may have legal rights to defeat the judgment or to prevent your being removed from the property. ~~{ PETITION SEEKING RELIEF FROM rdE ~~~MEN7 MUST BE FILED ~:THIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOt'R RIGHTS. YOU SHOULD TA.lCE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 LAWYER REFERRAL SERVICE One Courthouse Square Carlisle, PA 17013 (717) 240-6200 Date: to-I? -7 (p ~::~~J~~ Stephen C. Nudel. Esquire Attorney ID 141703 Tracy L. McNamara, Esquire Attorney 10 172669 219 Pine Street Harrisburg, PA 17101 ('li'} 23€~5CCO A:::r~e~'s for Plain:iff ~- >11I> ." r::z III ::l ::l 11 =-_ .... III Clo~ 0 --. U:J;u ::t- O~O CD ;;; ....~ =' 11 __ ~g,'< ~ >~ CD ....:0: Z- m:s. 3: ::i \Q ell _- QI Z :t ~_ :JDlCD C. -- c.mCl ... t,Q :"'" III>~ 1'; 3: ............. ~ .-<;, )r11 =' - ........... r1' -~ DJ"'O:t ~:: 11 Clo Z- "l0.... ... zZ ..... < :t :tl- ........ 0 -< ~ rt c.. ~~ ~ ~ ~ ~ ~.~ .... Z ~ o .... - - ,:.~."" ;.."p. VV ~ '< ~~ CD ~) Bv "/Tole of eM writ, on ';'I! m.LHhm.........U1\ ," ....~P!.~~..m....... .m......... ;Q.1?~:..) clusrd :h.t with.in na..'"1lrC. ________..__________...........____...._...._____...__...__......................_.................-.........................-. ~~Q ... I"- ...>. 0") oct -.. . or k'~: ~ 'LJ :z: %. ....J oct '" ... CD 'f) > :r. In _...J ~. I- -~ >- IL ~~ </) o. w' ~ <(z ..D U:Z: _:I f'o.I 11..::0 If W ll;<'> a.. .... ~ ; ~-- i : ~i ~ i~1 ~": ~ ~:~ ll~ ::r inr<il ; 'l!; t1'. ~ ~:8~: f.':fCll ~' ....a E.: ;:; =:; ......:n ':1 , . j r 5 , :i A ~. 74 - - > '; i ~ = ;.. - - ~. ~ -;1 .;:. -.... .- -': - :=::: . .- ... . ... .' i ... - - .- ~ Z ? ~ . ....- -,;t; - - "';.I; Z:;~ :;:i.i :.' .:e 2 :: :> Z ~ a- I Ul a- a- N n .... < .... .... :r .= - ,. .~ .' , ... <lit ~ ~ .. ... :N .'" ~'".:.:~ ?"1tU!~on :,( :-h.. ?~~~ d~b-d '.~i::1 ~.~ .l?F\u"":l"r..c:(~~. ,nd --......---...........--..----...........-...................-----... " . .......-----------..--....-----------..-----.-.-..--....-.--...--.-.-...-..----..----.-.---.------..--.--.--. o o Ul ,0 .uu. n_..~~..Tf~~'!'!"~' ~I1 }.'!.~.:. .~.'!~:.. ~!.U'!.~!?.~.~ !nL'!!.l.l.y _ .'!.~!!.!:!l.. {I!=..~p.z:.".i.l}9.. .t9. . lAY . -. says th s writ s returneo per reQuest of attorney. Defendant brought payments up to date. ..----.-.--.--.-.---.---.-.------.---.--....--.-....-.-_._-_._-_._._...-_._-----~--------_.._-_._----_. Sheriff's Costs: S 30.44 refund to atty S 119.56 .-.-.-- -..--------------.--.----..-----.--...-----.---------..---.---.---...-.-----.-----------. ""\ ' :l ,~.:l101 -\40;-:~.c,...~ : ~ "'I'":\.'t" ~,t' :nt, ..~.i.::_..__ nu. ,.,' " ..'J,...I.hu......".............. .'.f:!.. , . . . . ....... ."'~.,u..;..U.._~..,~...._..... f"","",~,",~.~. .. -. \;.....:~~ ~c~~ ...~......._. .--....... ..--..-......---... ---... '''''--'' ,~ .::.~~.. . .1. J/7'/ ,.I.d(.,.._ ,....... ....AJ..\.t-:(...... ''':'l'.4:', ~ . , . . ,to' ~ II) - ~ 0.. *'" , r-' '" ... I .. ~8 ~t!:::3o ... ., 0'" I OU .. U ,laO . '"'0 Qlo1..'.. -=t2 :Sflilm ==..1~ li5e .. ,. . i ... ';- .. 14 lIS S u .c 111 ~ ow ... ... .... c: ... . ... 0. . l> " . .0' COO ...C '0. II .. ' , ....10111 , ... .'014. mc:.cg .c....o = >0811II ...10. ....10.. "...c..1 o ... )04'00" lIS'" 11II 0>0... :r::'" , 14'011II,11I IIC'" .c....c. .. o.c" lIS 14z. "'OE =o.g gg ~!., .....0 . .1010 0.1010 ..... um.. .mz .cOo 1III00U 0. .... ...- , ,v . ... " ". .. )04 t JiiI 0. i 0. -~ 1 PROPERTY MANAGEMENT, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 96-5662 CIVIL ANTHONY K. NEASE, individually and trading as AIR PRO ASSOCIATES and a/k/a FILTER QUEEN, CONFESSION OF JUDGMENT FOR MONEY AND IN EJECTMENT Defendant PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly satisfy the Judgment entered in the above-captioned matter. LAW OFFICES OF STEPHEN C. NUDEL 1 Date: ~-( {, 91 CL~ Stephen C. Attorney ID #41703 Tracy L. McNamara, Esquire Attorney ID #72669 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 { , , ~ Attorneys for Plaintiff