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HomeMy WebLinkAbout07-1763HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF CAROLYN A. MADEIRA, Plaintiff VS. LARRY B. MASSEY, 11 and JEFFREY L. COX, t/d/b/a M & C AUTO GROUP, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2007 - CIVIL TERM : IN ASSUMPSIT 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9180 or (717) 249-3166 / . ,, a HAROLD S IRWIN 111 ESQ SUPREME COURT ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17018 ATTORNEY FOR PLAINTIFF CAROLYN A. MADEIRA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Vs. : LARRY B. MASSEY, 11 and JEFFREY : NO. 2007 - ?7 f'o3 CIVIL TERM L. COX, t/d/b/a M & C AUTO GROUP, Defendants : IN ASSUMPSIT COMPLAINT NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint against the defendants, representing as follows: 1. The plaintiff is CAROLYN A. MADEIRA, an adult individual residing at 305 Chestnut Ridge Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendants are LARRY B. MASSEY, II and JEFFREY L. COX, t/d/b/a M & C AUTO GROUP, a partnership, with principal offices located at 3716 Walnut Street, Dauphin County, Pennsylvania 17109. 3 Plaintiff is the surviving equitable owner of certain real estate located at 135 Beech Street and 190 York Road, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter called the "premises"), improved with a building and a parking lot and a house, respectively. 4. Plaintiff holds equitable title to the premises by reason of an Agreement for Installment Sale of Real Estate, dated April 1, 2002, from Woodrow W. Sheriff and Lucille E. Sheriff, his wife, to Frederick L. Madeira and Carolyn G. Madeira. Frederick L. Madeira died on March 10, 2006. A copy of the installment sales contract is incorporated herein by reference and attached hereto as Exhibit "A". 5. On or about March 22, 2003, the parties entered into a rental contract for the premises (hereinafter, called the "lease"), a copy of which is incorporated herein by reference and attached hereto as Exhibit "B". The lease provided, inter alia, that it was not a residential lease, but that the premises was to be used by the defendants for a commercial business establishment (motor vehicle sales and repair business). 6. The term of the lease was for a period of three years, ending on March 21, 2006, with no renewal periods. 7. That term has expired and the defendants have vacated the property; however, at the time they terminated possession, defendants owed back rent for three or more months and they also owed sewer and water bills and for trash collection. 8. The attached lease provides for the payment of monthly rental in the amount of $2,500 during the second and third year of the lease, as well as all utilities and trash removal expenses. Subsequent to the execution of the attached lease, the parties later agreed orally to increase the monthly rental amount to $3,000 during the third year of the lease and during said year, up through November, 2005, the defendants did pay $3,000 per month. 9. In addition to the aforesaid provisions for the payment of rent and utilities the lease provides that the defendants were to keep the premises clean and safe, get rid of trash, garbage and other refuse materials, pay for any repairs costing less than $1,000 and pay for any damage to the property caused through a lack of care by the defendants and / or their guests. 10. In addition, in the defendants covenanted and agreed to surrender the premises in good order and condition upon the termination of the lease. 11. Furthermore, the lease provides the following in the event of a breach of the lease by either party: 24. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 12. Despite repeated demands by the plaintiff, defendants have failed to pay the rent for the months of December, 2005, January and February 2006, and, in addition, have failed to pay sewer/water and trash bills as required under the terms of the lease. 13. On or about February 14, 2006, the plaintiff, by and through her agent, Ann Heintzelman, forwarded to defendants a written notification to vacate the premises upon the termination of the lease. Said letter also notified defendants regarding their nonpayment of rent, utilities and trash removal expenses, including therewith an invoice for all sums due from the defendants to the plaintiff through March 21, 2006. A copy of the February 14, 2006 letter and attached invoice and unpaid water/sewer bills are incorporated herein by reference and attached hereto as Exhibit "C". 14. Plaintiff does maintain a security deposit of $2,000 as a credit against rent, sewer/water bills and trash bills which remain due and owing, in addition to the attorney fees and costs of this action. 15. The total amount known to be due by the defendants to the plaintiff is as follows: December, 2005 Rent $3,000.00 January, 2006 Rent 3,000.00 February, 2006 Rent 3,000.00 Sewer Bills 476.97 Trash Removal Expenses 42.39 Estimated Attorney Fees 1.000.00 TOTAL $10,519.36 WHEREFORE, plaintiff demands judgment in the amount of $10,519.36, plus costs and expenses of this action and any attorney fees over and above the amount estimated, less the $2,000 security deposit now held by the plaintiff. March, 2007 BY: HAROLD S. IRWIN, III ( No. Attorney for plaintiff rrom:IRWIN LAW OFFICE 717 243 9200 03/19/2007 14:21 #769 P.005/005 VERIFICATION I verify that facts contained in the foregoing complaint are true and correct to the best of my knowledge, information and belief. To the extent that the content of the complaint is that of counsel, I have relied upon counsel in making this verification. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unswom falsification to authorities. March 1 , 2007 /F 1, &' fi, A" b r - 2L,,. 4a0AYN G. /1DEIRA, EXHIBIT "A" Mar 13 07 11:27a Ann Madeira 717-432-5947 p.2 AGR___EF :%E-NT FOR INSTALLMENT &-1LE OF REAL ESTATE =B cp MADE THIS 1st da} of April, 2002, by and between, WOODROW W. c SHERIFF and LUCII.LE E. SHI :RI F, husband. and wife, of 115 N. Middlesex Road, -, Carlisle, Cumberland County, Penr rylvania, hereinafter called SELLERS, 4' AND FREDERICK L. MADEI ACA and CAROLYN G. MADEIRA, of 305 Chestnut Ridge, Drive, Mechanicsburg, Cumberlanc County, Pennsylvania, hereinafter called BUYER WITNESSETH: 1. For and in consideration of the terms and conditions hereof Sellers agree to convey and to sell and Buyer agrees to pur tease and accept the real estate where a business known as Sheriffs Auto Sales is located, at 1: 3 Beech Street, Carlisle, consisting of .380 acres more or less, an office, automobile sales lot, sere .e garage and a house known and numbered as 190 York Road, Carlisle, Pennsylvania, more ijlly described in Schedule "A" attached hereto and incorporated herein by reference thi veto. 2. Buyer agrees to pay the gun of Three Hundred Thousand and 00/100 ($300,000,00) Dollars as total consideration, payal :le as follows: A) Thirty Thousanc ($30,000.00) Dollars down, payable upon the execution of this Agreement; B) The remaining T 'vo Hundred Seventy Thousand and 00/100 ($270,000.00) Dollars is to be amortized over fifte nn (15) years at 6.5 % interest with a monthly payment of Two Thousand Three Hundred Fi* -one Dollars and 99/00, ($2,351.99)_ The first such payment being due on or May 1, 2002, and t areafter on or before the first (I st) day of each succeeding month. Buyer shall make a balloon I ayments consisting of principal, interest and any other sums of money due and owing by virtue c i'this agreement on or before March 31, 2012. C) The purchase pri ae for the above referenced premises shall be allocated as follows; $200,000.00 for 135 Beect Street property and $100,000.00 for the property located at 190 York Road, Carlisle, Pennsylva ,ia. 3. Final settlement shall occ tr on or before March 31, 2012, at which time Buyer shall pay to Sellers all sums of principal a id interest, including any other sums of money due and owing by virtue of this Agreement. At fine settlement Sellers shall tender a duly executed special warranty deed conveying to the Bu} r- a good and marketable title in fee simple, free and clear of liens and encumbrances excepting p; sently existing easements or restrictions, visible or of record. 4. During the first sixty (6C months of this Agreement Buyer may not prepay without penalty. The prepayment penalty sh ,11 be calculated as follows: . BOOR 685 ?n A62'3 Mar 13 07 11:27a Ann Madeira 717-432-5947 p.3 The total amount of i kterest due and owing by virtue of sixty (60) consecutive monthly installments, less the amour; ; of interest actually paid by Buyer to Sellers by virtue of monthly installments paid. Such am, unt of interest shall be deemed the prepayment penalty and added to the outstanding principal b, lance together with any late charges or any other sum of money owed to Sellers by Buyer by virtue of this agreement or otherwise. The prepayment penalty will end after sixty (60) mom My consecutive payments have been paid provided no delinquencies, anwxages, etc, =4 p -YAded all payments due -and owing have been made in full. 5. Transfer taxes at final set lement shall be divided equally between Buyer and Sellers. All transfer taxes imposed by any gc rernment body shall be borne equally by BUYER and SELLER, except that SELLER'S m :ldmum liability for transfer taxes shall not exceed ONE (1) percent of the sale price allocated to :real estate, which is-specified to be $300,000.00 yielding a transfer tax due in the amount of T6 ve Thousand and 00/100 (33,000.00) Dollars umkss Buyer assign its right to a third party in w rich case Seller shall be relieved of the duty of paying any transfer taxes and shall pay acne. Bi yer may assign its rights by virtue of this Agreement to an entity in which Buyer has s-a -controlli ig interest subject to the conditions of Assignment contained elsewhere in this Agreement. 6. Buyer hereby agrees to a(:mpt the premises in "AS IN CONDITION". Buyer shall be responsible for repairs, maintenance and upkeep of the premises and agree, in the event of a default under this Agreement, to del ver up possession of the premises to Sellers in as good condition as the premises are now, i asonable wear and tear, fire or other casualty excepted. 9. Buyer shall pay for and n .aintain fire and extended coverage insurance in the amount of at least $300,000.00 on the building .and residential dwelling; naming Sellers and Buyer as insureds, as their respective interest may appear, & Proration of property tai :es and water and sewer charges and rent from existing tenant, shall be as of the-1st day of April, 2 02, Existing lease for the rental unit located at the premises shall be assigned by Sellers to Buye and security deposit held by Sellers shall be deposited into a segregated account opened in the n ;mes of both Buyer and Sellers. Buyer has Sellers' consent to update the existing lease with the ea i sting tenant. All future leases shall be the responsibility of Buyer and all future security deposi is acquired by Buyer-shall be deposited into-said joint security deposit account. All releases from each account for the return of such deposits shall be jointly executed. 9. Payment of property tax :s and water and sewer charges shall be the responsibility of Buyer after April 1, 2002. Buyer a ;rees to pay all property taxes at face value and furnish Sellers with receipts of same. 10. Any municipal improve tents, liens or assessments shall be the responsibility of Buyer after April 1, 2002. 11. Buyer assumes all risk nd responsibility for any accident, injury or damage to persons or property as to themwIv4 s or others on said premises and. agree to hold Sellers harmless from all liability therefrom. 12. This Agreement is not assignable by Buyer without the written consent of Sellers, which consent shall not be unreaso ably withheld. If such assignment is an entity which Buyer BOOK, 68.5 PA &;OA Mar 13 07 11:27a Ann Madeira 717-432-5947 p.4 has at least fifty-one (51016) percent oN aership or controlling interest. In case of such an approved assignment, Sellers shall be elieved of the duty to pay any realty transfer taxes whatsoever, and all such taxes shall b( paid by Buyer and its assigns. 13. Buyer shall not carry on ny unlawful business on the property or any business whereby the hazard would be increast :1 or the fire insurance invalidated. The use of the property must be in accordance with the zonin; laws of the municipality and Buyer will not file an application for a variance without the approval of Sellers which shall not be unreasonably withheld. a. Buyer may operate thi Business known as Sheriff s Auto Sales during the term of this agreement and thereafter if Buye meets all of its obligations stated in this Agreement and Buyer may lease the Auto Sales reap • to Andrew C. Madeira. b. Sellers will consent w :l cooperate with Buyer in the execution and filing of any and all documents necessary for Buy :r to operate and use the name Sheriffs Auto Sales. G. Sellers are conveying :to inventory of vehicles or equipment to Buyer in conjunction with Buyer's operation ( f Sheriffs Auto Sales. d. Sellers and Buyer agi a to cooperate in the transfer of the inspection license and PA Dealers License # K397 from St ter to Buyer. e. Seller shall not engal -3 or be engaged in the sale of automobiles or in the repair and inspection of automobiles or in the i ;peration of an automobile sales, repair and inspection station business for the duration of this Aga =mment or for two (2) thereafter unless Buyers are in breach of this Agreement and have not cor ected same with in twenty (20) days notice of said breach. 14. The Buyer shall not m; Ice any major structural changes without the prior written approval of Sellers which shall not * e unreasonably withheld. 15. In the event Buyer sha f fail to make a monthly payment for the space of thirty (30) days after the same shall have beco ne due by the terms hereof:, or if a breach of any of the other covenants or conditions be made b Buyer, then such failure or breach shall constitute a default of this Agreement and Seller shall ha` the right to collect all rents due and owing Buyer from the rental units on said premises. Buy, r shall be given written notice of a breach of the Agreement and shall have twenty (20) days frc in the mailing of the notice to correct the default. If not corrected, then Sellers shall have t e right to terminate this Agreement and to demand immediate possession of said premises upon t iirty (30) days written notice and thereupon all rights and obligations under this Agreement ;lull cease and terminate. Buyer agrees to a five (5%) percent late charge which shall be added ti each monthly payment more then ten (10) days late. 16. Upon default of Buy(:-, not corrected in accord with Paragraph 16, the entire principal sum remaining unpaid A dl become due and payable at once and may be collected by suit or otherwise, and if authorized by law, the Prothonotary or any attorney of any Court of record in Pennsylvania is hereby authorized and empowered to appear for and confess judgment against the Buyer and in favor of Sellers for t ie whole amount of said principal re raining unpaid, together with interest, costs of suit, release of errors, attorney's commission of i -,?e (5%) percent and waiving inquisitions and exemptions. BOOK 685 %E4625 Mar 13 07 11:27a Rnn Madeira 717-432-5947 p.5 17. Upon default not corre( led in accord with Paragraph 16, and if authorized by law, the Prothonotary or any attorney of an3 court of record is hereby authorized and empowered to appear for and confess judgment ag inst Buyer in an amicable action of ejectment and in favor of Sellers for the said premises and to Erect an immediate issuance of a writ of possession, with clause for costs, waiving all irregula •ities without notice and without leave of court. Also Sellers may record a quitclaim deed execut d by Buyer in favor of Sellers releasing Buyer's nterest in subject realty. In such event all payments made by Buyer shall be forfeited to Sellers m d retained by Sellers without funds being refunded to Buyer whatsoever. 18. In the event Sellers are enable to give a good and marketable title such as will be insured by a licensed title insurance company, Buyer shall have the option of taking such title as Sellers can give, without abatement :)f price or of being repaid all monies paid by Buyer to Sellers on account of the purchase price, le a reasonable rental value for use of said premises. In the latter event, there shall be no fin-the; liability or obligations as to either party concerning this Agreement which thereafter shall be null and void. 19. Sellers agree that they - idlt not knowingly or voluntarily cause any encumbrance to be placed on said premises without pri: r written approval of Buyer. Notice ofthe entry of any n ortgage, judgment, hen or other encumbrance affecting title to said premises received by the Set ;rs after the date ofthe execution of this Agreement shall be given by the Sellers to the Buyer wi hin thirty (30) days of the recording thereof in the Cumberland County Courthouse. In the event any mortgage,. adgment, lien or other encumbrance affecting title to the said premises existing at the date of the : xewtion of this Agreement or hereafter entered of record and defauh in the payment is made by t}::: Sellers, then Buyer shall have the right to make the delinquent payments and to receive xedit for the full amount thereof from the required monthly payments under this Agreement. Pt or to exercising the rights stated in this paragraph, Buyer shall give Sellers three (3) days noti :e by certified mail of their intent to do so, but this provision shall not limit Buyers right to make -the delinquent payments and to claim credit therefor. 21. All payments under thi i agreement shalt be sent to: Woodrow W. Sherif Lucille E. Sheriff 115 N. Middlesex R( ad Carlisle, PA 17013 All notices under this ag eement shall be sent to: William A. Duncan, ::squire Woodrow W. Sheriff 1 Irvine Row Lucille E. Sheriff Carlisle, PA 17013 115 N, lVliiddlesex Road Carlisle, PA 17013 -gar, 685 PnE 4626 Mar_13 07 11:27a Ann Madeira 717-432-5947 P,g Ronald D. Butter, E: quire 500 N. Third Street Harrisburg, PA 171( 1 Frederick L. Madeira Carolyn G. Madeira 305 Chestnut Ridge Drive Mechanicsburg, PA 17055 22. This Agreement may b ! filed of record in any public office, as appropriate. 23. No modifications oftb s Agreement shall be binding unless same shall be in writing and duly approved by Sellers. 24. The failure by Sellers 1 insist on strict performance by Buyer of the teems of this Agreement shall not be construed a : a waiver, release or relinquishment thereof. 25. This Agreement shall i ,.ure to and be binding upon the heirs, successors, executors, administrators and assigns of the pi rties hereto IN WrMSS'WHEREC V the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: VV VW L/V Woodrow W. Sheriff; S er Lucille E. Sheriff Selldi' rederick L. Madeira, Buyer 2.2 o.. Carolyn G. Madeira, Buyerr 300K 685 PAGE 462 7 Mar 13 07 11:28a Rnn Madeira 717-432-5947 P,7 COMMONWEALTH OF PENNS &VANIA : COUNTY OF CUMBERLAND On this the / %eday of April, 2002, before me, the undersigned officer, personally appeared Woodrow W. Sheriff :ind Lucille E. Sheriff, husband and wife, known to me (or satisfactorily proven) to be 1.19 persons whose names are subscribed to the within Agreement, and acknowledged that they executed the same for the purposes therein contained. WITNESS my hand and ( Ificial seal the day and year first Public NOTARIAL SEAL Cynthia L. Darr, Notary Public South Middleton Twp,, County of Cumberland Mir E©mmisaien Ex Tres Aug: 14+ 2004 COMMONWEALTH OF PENNS fLVAN;A : COUNTY OF CUMBERLAND _ On this the / day personally appeared Frederick satisfactorily proven) to be the Agreement, and acknowledged contained. of April, 2002, before me, the undersigned officer, Madeira and Carolyn G. Madeira, known to me (or persons whose names are subscribed to the within hat they. executed the. same for the purposes therein WITNESS my hand and o icial seal the day and year first above NOTAR !L SEAL Cynthia L. Oar , Notary Public l V1 South Middleton Twp.:;ounty of Cumberland My Commission E: ,iras. s:;.rq. 14. 2004 i1L Public 30K 685 PACE4628 Mar 13 07 11:28a Ann Madeira 717-432-5947 P,8 EXHIBIT "A" ALL those four certain lots of groi id situate in South Middleton Township, Cumberland County, Pennsylvania, each having a widtl of 50 feet and a depth of 150 feet and bounded and described as follows: LOT NO. 1 - Bounded on the Noi :h by the York Road; on the East by Lot No. 3 in the hereinafter mentioned Plan of Lot (formerly owned by John Lippert); on the South by Lot No. 2 in said Plan; and on the West by C ::dar Street. LOT N 2 - Bounded on the Sou h by Beech Street; on the West by Cedar Street; on the north by Lot No. I in said Plan; and on i -te East by Lot No. 4 in said Plan (formerly owned by John Lippert). The aforesaid two lots of ground a -e Lots Nos. I and 2 as described in that certain Plan of Lots laid out by the Carlisle Farm Synd gate, said Plan of Lots being recorded in Plan Book No. 2, Page 51. LOT NO 3 - Bounded on the Nor :.i by the York Road; on the East by Lot No. 5 in the hereinafter mentioned Plan of Lot;, on the South by Lot No. 4 on said Plan; and on the West by Lot No. I in said Plan. LOT NO. 4 - Bounded on the Sou h by Beech Street; on the West by Lot No. 2 in the hereinafter mentioned Plan of Lots; on the No ?th by Lot No. 3 in said Plan; on the East by Lot No. 6 in the said Plan. BEING Lots Nos. 3 and 4 in Blocl "B" in that certain Plan of Lots laid out by Carlisle Farm Syndicate, said Plan being recorde I in Recorder's Office, Carlisle, Pennsylvania, in Plan Book No. 2, at Page 51. HAVING thereon erected a one an:. one-half story bungalow. BEING the same premises which' ,'oodrow W. Sheriff and Lucille E. Sheriff, his wife, by their deed of even date and intended to 1 a recorded immediately prior hereto, granted and conveyed unto Frederick L. Madeira and Cai :.lyn G. Madeira, his wife, Mortgagors herein. I r7,.; ±, ? rt 1h is 1r) be recorded D'. I G' ( '0 Unty PA BOOK 6? S PACE4629 .', ?..•:.-?-; Rec ordcr of Dceds EXHIBIT ^B^ Mar 13 07 11:26a Ann Madeira 717-432-5947 A t KREEMENT OF LEASE THIS AGREEMENT O : LEASE made as of this day of March, 2003, by and between FREDERICK L. MADEIRA and CAROLYN A. MADEIRA, his wife, of 305 Chestnut Ridge Drive, ME chanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as "Le ;sor"), AND LARRY B. MASSEY, 1, and JEFFREY L. COX, t/a/d/b as M & C AUTO GROUP, of 3716 Walnut Stre ::t, Harrisburg, Dauphin County, Pennsylvania 17109 (hereinafter referred to as "Le ;see"). WITNESSETH: That in consideration c 'the rents and covenants hereinafter stipulated to be paid and performed by Lessee, an :i in consideration of the parties' mutual covenants and agreements hereinafter set fc th, Lessor does hereby demise, let and lease unto Lessee the entirety of Lessor' :, property known and numbered as 135 Beech Street, Carlisle, Cumberland County, Pennsylvania 17013, hereinafter called the "leased premises", upon the following -:arms, stipulations, covenants, conditions and agreements, all of which the I arties hereto, intending to be legally bound, covenant and agree to keep and perform w follows: 1. TERM. Lessee :;hall have and hold the leased premises under the terms and conditions of this Agreen ent of Lease ("Lease") for a term of three (3) years, commencing on March 15, 2(.)3 and terminating on March 14, 2006. i1a.-" <tV_Q_ a 1 CIFt Vh 2. PURPOSE. Le see shat! only use the leased premises for the purpose of operating a motor vehicle sal, !s and rep-sir business and any activities relating thereto unless Lessee obtains prior v ritten conse; it of Lessor to use the leased premises for any other purpose than state herein, which consent shall not be unreasonably withheld. 3. RENT. Lessee covenants and agrees that it will pay to the Lessor during the lease term for the use of - -ie leased premises, without any demand therefore rental in the amount of $84,000.00, :)ayable, at the rate of $2,000.00 per month for the first 12 months and $2,500.00 per m nth for the last 24 months, on the 15th day of each month. Rent shall be payable on the 'fifteenth day of each month at the offices of Lessor, or at P.9 Mar 13 07 11:28a Ann Madeira 717-432-5947 P.10 such other place as the Less r shall from time to time designate to the Lessee. If the rent is not received on or befc re the fifteenth of any such month in which the rent is due, the Lessee agrees to pay a IE :e charge in an amount equal to 5% of the delinquent payment. 4. SECURITY DEF OSIT. Lessee shall pay to Lessor a security deposit in the amount of $2,000.00. 5. MAINTENANCE AND REPAIR. Lessee covenants and agrees to maintain and take good care ( •f the leased premises and all fixtures, improvements and property of Lessor attached tt :)rein or thereon. Provided that any such injury or damage to the leased premis( s was not caused by the negligence of the Lessee or any of its employees, representati, 9s or invitees, or any others for whom Lessee would be responsible, Lessor agrees to :)ay for such repairs as shall exceed the cost of $1,000.00 per single item. All refuse of any kind si all be removed from the premises at the cost of the Lessee at least once a week c more often, if necessary. All snow shall be removed from the premises before it sh, ill have frozen. The Lessee agrees to keep the grass mowed, the weeds pulled and :he parking lot cleared. If the Lessee shall fail a A refuse to comply with the provisions of this numbered paragraph, then the Lessor sh ill have the right to come upon the premises and perform such maintenance as is requin d and assess Lessee the costs thereof as additional rent. Further, Lessee covena 'ts and agrees to surrender the leased premises upon the termination of this Lease a id surrender the leased premises upon the termination of this lease in good order and cc edition, excepting, however, reasonable wear and tear, damage by fire, the elements, - it other casualty (other than any damage which is to be covered by insurance provided .:)y Lessee hereunder but which is not covered by such insurance by reason of Lessees default in providing such insurance coverage); and make no alterations, additions ir improvements without Lessor's prior written consent. All movable furniture am partitions, and all alterations, additions and improvements furnished or inst filled by Lessee may be removed by Lessee at any time during, or upon the termination :)f the then current lease term hereunder and remain the property of the Lessee so long :Is Lessee at its expense removes the same and repairs any damage to the leased pren ises caused by such removal. Upon the termination of the then current lease term, if L ssee does not remove any such alterations, additions or improvements, the same shi II be deemed abandoned by Lessee and shall be and become the property of Lessor. 6. UTILITIES. Less a covenants and agrees to pay all bills which may be incurred for water, light, heat, p ewer, sewage, trash collection and any other utilities Mar 13 07 11:29a Ann Madeira 717-432-5947 P.11 furnished or supplied to and t aon the leased premises during the term of this Lease, and Lessee does hereby rele Ise Lessor from any damage which may result by reason of failure of the supply of watt !r, heat, light, power, sewage or any other utility services provided such damage does iot occur as a result of the failure of Lessor to perform the terms and conditions of this L :.lase. Should Lessee fail to pay any bills as aforesaid, Lessor shall have the right (b it not the obligation) to pay the same and the amount as paid shall be chargeable by L )ssor to Lessee as additional rent. 7. REAL ESTATE TAXES. Lessor covenants and agrees to pay any and all real estate taxes, prior to thei becoming delinquent, which may be legally levied, assessed, charged or impose :I upon the leased premises during the term or any subsequent terms of this leas by the Commonwealth of Pennsylvania, by any political subdivision thereof, by the Ur ted States of America, or by any governmental authority having jurisdiction over the le; sed premises. However, in the event that Lessor shall fail to timely make the mortga a payments due on the leased premises or any real estate tax due associated the ewith, Lessee shall have the right to pay the same on behalf of Lessor and deduct tl ose amounts paid from subsequent rental payments due under this Lease. 8. FIRE INSURAN E. At all times during any lease term hereunder, Lessor shall keep in effect on any bui ding on the leased premises the appropriate amount of fire insurance, together with a Iditional coverage commonly known as supplemental contract or extended coverage , covering the interest of Lessor in said building, including the appropriate loss of use pr( -vision which shall be assigned directly to Lessor to the extent of Lessor's monthly rei tal amount due and payable by Lessor at that point in time, said coverage being writ en by an insurance company or companies authorized to do business in the Commonw !alth of Pennsylvania. Lessee shall provide his own fire or hazard insurance for any of his own personal property damage which may occur during the term of this lease. 9. PUBLIC LIABIL TY INSURANCE. During any lease term hereunder, Lessee shall keep the leased iremises insured, at Lessee's sole cost and expense, against claims for personal inj ry or property damage under one or more policies of general public liability insuran( e, for not less than $1,000,000.00 person or in the aggregate. Such policies shal name Lessor and Lessee as the insureds. Lessee shall provide Lessor with approprial -) evidence of such coverage and payment of premiums therefor upon demand. 10. INDENINIFICATI M. Lessee covenants and agrees that it will bear, pay, and discharge, when and as 0 a same become due and payable, all judgments and lawful claims for damages or c :herwise against Lessor arising solely from the Lessee's use or occupancy of the lease I premises, and will assume the burden and expense of defending all such suits, whett ar brought before or after the expiration of any lease term hereunder. Lessee covenants and agrees to defend, indemnify and hold harmless the , ,Mar 13 07 11:29a Ann Madeira 717-432-5947 p.12 Lessor, his agents and emplo, •aes by reason of or on account of the use or misuse of the leased premises due to the , negligence of Lessee or his agents or employees. 11. RIGHT OF ENTI ;Y. Lessor, through his authorized agents, shall at all reasonable hours and times, L :)on giving prior reasonable notice to Lessee unless such entry is for emergency purpos. -s, have the right to enter upon the leased premises to examine the same and if the L )ssee has not notified Lessor of Lessee's intention to extend the lease term hereunc r, to post on the leased premises the usual notice 'TO LET', in anticipation of the terr -ination of this lease, during the last three (3) months of the then current lease term. 12. DEFAULT. If Le ;see shall use the leased premises other than for the purposes as herein permitted, :?r any default be made in the payment of the rent (or of any part thereof) as herein spE ::ified which continues for thirty (30) days after a money obligation is due, or if default it any of the other performances by Lessee to be kept hereunder occurs, or if Lessee rails to comply timely after notice is given to Lessee with any statutes, ordinances, rules orders, regulations or requirements of any federal, state or local governmental departm mt or bureau that relates to the leased premises and for which Lessee is responsible hE reunder, or if Lessee shall file or have filed against it a petition under the federal bank uptcy laws or if an "Order for Relief' is therein entered, or if Lessee shall make an ass. ;inment for the benefit of creditors, or if this Lease shall, by operation of law or otherwis ;, pass to any person other than as permitted by the provisions hereof, or if any exe ::ution shall be issued against Lessee, or if a receiver or custodian of the property of Le see shall be appointed in any suit or proceeding brought by or against Lessee, then in a •iy such ;ase, if such condition of default shall continue uncured for thirty (30) days for :1 money 6bligation or for thirty (30) days for another obligation after written notice tF meof is given by Lessor to Lessee: (a) it shall be lawful for Lessor to terminate this Lee :;e, to re-enter the leased premises and to repossess, enjoy and have the same agair, with force or otherwise, (b) there shall become due the rent provided for herein for le full remaining terms under this lease (excluding any option(s) to extend the term he ;under), (c) Lessee shall be deemed in default of its obligations hereunder for all pu poses of an action in ejectment, and a writ of possession may issue forthwith with full release of damages, and (d) Lessor shall have the right to authorize the I 'rothonotary or any attorney of any court of record to appear for Lessee and to confe :;s judgment in ejectment against the Lessee and in favor of Lessor for the leased p amises. In the event that Lessor unable to relet the leased premises after reasonable efforts to do so, or such monthl rental be less than the rental Lessee was obligated to pay under this lease, or any rer :3wal term thereof, plus the expenses of reletting, then Lessee shall pay the amount of such deficiency to Lessor upon demand. 13. EMINENT DOMA N. In the event that the leased premises, or any portion thereof, shall be taken for any f .ablic or quasi-public use, under any statute, or by right of eminent domain, the then cui °ent term of this Lease, at Lessee's sole option, shall be Mar 13 07 11:30a Rnn Madeira 717-432-5947 p.13 ended, in which case the rent :;hall be apportioned and paid to the time of such termination. Lessor and Less :e shall each be entitled to receive and retain such separate awards and portions of any lump sum awards as may be allocated to the respective interest in any con( emnation proceeding. The termination of this Lease shall not affect the rights of the resl tactive parties to such awards. 14. SUBORDINATI( N_. Subject to the subsequent provisions hereof, this Lease shall be subject and su. -ordinate at all times to the lien of any existing mortgages and any mortgages that herea •:er may be a lien upon the leased premises, and although no instrument or act, in the part of Lessee shall be necessary to effectuate such subordination, Lessee wi I, nevertheless, execute and deliver such further instruments subordinating this .-ease to the lien of any mortgage as may be desired by the mortgagee and Lessor. 15. REMEDIES. Th( rights and remedies granted to Lessor in this Lease may be exercised concurrently, suc :essively or in the alternative, at his discretion. 16. CONSTRUCTIOI I. No waiver of a breach of any of the covenants of this Lease shall be construed to be a waiver of any succeeding breach of the same or any other covenant. 17. BINDING NATUF E. The provisions of the Lease shall be binding upon and inure to the benefit of the r spective heirs, personal representatives, successors and assigns of the parties here 13. 18. SUBLEASE OR j,SSIGNMENT. Lessee may assign this Lease or sublet all or any portions of the leasec premises, provided Lessee obtains the prior written consent of Lessor. 19. DESTRUCTION (F LEASED PREMISES. In the event of damage to the leased premises as the result c fire or other casualty so that the leased premises are substantially unusable by Less( .a for the purposes thereby intended, either Lessor or Lessee shall have the option to terminate this Lease without liability or penalty upon ten (10) days' written notice to the ( -:her party, in which case rent hereunder shall be apportioned and paid up to the ime of such damage. If the leased premises otherwise are damaged but not to the ext( nt to render the same substantially unusable for the purposes intended by Lessee, ; nd if Lessee is not in default of any obligation of Lessee hereunder to maintain applicabl :? insurance coverage against such damage, Lessor promptly shall repair and restore, the leased premises to its prior condition just before such damage occurred and sha I apply any and all proceeds of insurance payable by reason of such damage to such repair and restoration; pending completion of such repairs and restoration; Lessee' : rent hereunder from the date the damage occurs shall Mar 13 07 11:30a Ann Madeira 717-432-5947 p.14 1 4) % be abated in proportion to the area of the leased premises damaged or, if inapplicable, based on any other equitable -nethod selected by the parties. 20. SIGNS. Lessee may erect (and remove, provided that any damage to the leased premises caused by re •noval is promptly repaired) one or more signs relative to Lessee's business, provided t gat said sign or signs shall comply with all governmental ordinances, laws, rules and re 7ulations. 21. NOTICES. All n itices, demands and other communications given or delivered under this Lease will be in writing and will be deemed to have been given when personally delivered, mE led by first-class mail, return receipt requested, or delivered by express couriers +rvices. Notices, demands and communications to the LESSOR or LESSEE will, unle :;s another address is specified in writing, be sent to the addresses indicated below: Notice to LESSOR: M/M FREDERICK L MA :)EIRA 305 CHESTNUT RIDGE DR MECHANICSBURG PA 17055 Notice to LESSEE: JEFFREY L COX / LAR ZY B MASSEY II M & C AUTO GROUP 3716 WALNUT ST HARRISBURG PA 171C) 22. MISCELLANEOL .S. The provisions of this Lease shall be construed and enforced under the laws of the ;;ommonwealth of Pennsylvania. This Agreement of Lease represents the entire agi cement and understanding between the parties hereto relative to the demise of the lez :fed premises to Lessee, and notice contained in this Lease shall not be modified or, aried other than by a written instrument executed by both Lessor and Lessee after 0 date hereof. Where used in this Lease, unless the context otherwise clearly requir :.s: the plural shall include the singular and vice versa; the use of any particular gende shall include any other applicable genders; and the words "hereof', "herein" and sir filar compounds of the word "here" shall mean and refer to this entire Lease and not to a iy particular provision or paragraph of this Lease. The headings and titles to each par, graph shall have no legal significance in interpreting the meaning of each paragraph an( have been used only as a matter of convenience. 23. MECHANICS LIE .. Lessee will not permit any Mechanics Lien or Liens to be placed on the leased pren ises or any improvements on the leased premises. If by action of Lessee a Mechanic Lien is filed on the leased premises or on any 0 „ Mar 13 07 11:30a Ann Madeira 717-432-5947 p.15 improvements on the leased I emises, Lessee will promptly pay the lien. If default in payment of the lien continues lbr thirty (30) days after written notice from Lessor to Lessee, Lessor may, at its op* on, pay the lien or any portion thereof without inquiry as to its validity. Any amounts p; id by Lessor to remove a Mechanics Lien clause to be filed against the leased premix -as or any improvements on the leased premises by Lessee, including expenses a id all applicable interest, shall be due from Lessee to Lessor and shall be repaid to essor immediately upon demand. 24. BREACH: In tl• :z event of the breach of this agreement by either party, the nonbreaching party shall V :Ive the right to seek monetary damages for such breach, where such damages are as :ertainable, and/or to seek specific performance of the terms of this agreement, wt ore such damages are not ascertainable. All costs, expenses and reasonable atto -ney fees incurred by the successful party in any litigation to obtain monetary damages :and/or specific performance of this agreement shall be recoverable as part of the judg •nent entered by the court. 25. RIGHT OF FIRS "REFUSAL.- During the term of this lease, if Lessor in its sole discretion elects to off ::r the premises for sale, Lessor shall grant to Lessee a right of first refusal to purchase the premises at a price to be negotiated at that time. IN WITNESS WHEREO Lessor and Lessee have duly executed this Agreement of Lease the day ai d year first above written. WITNESS: FREDERICK L. i CEIA (SEAL) CARD-6N A. MADIRAEAL) "Lpcenr'' { f * a EXHIBIT °C° Mar 13 07 11:32a Ann Madeira 717-432-5947 P,4 4) } red and Carolvn Madeira 305 Chestnut Ridee Drive Mechanicsburg, PA 17055 Fcbruarv 14. 2006 L.arrv Massev 11 M&C Auto Group 133 Beech Street Carlisle. PA 17013 Dear Mr. Massev. This letter sen[cs as official noti :cation to vacate your property no later than within thirty (30) days of this letter. Failure to comply with the term., of your lease concerning rental payment has caused the forfeiture of your right to occupancy. There is a outstanding balance of $9000, on your rental account. Since you have failed to make i mely payment of rent and are in breach of your lease agreement. any'subsequent non-payment of n A within the next six months may result in the immediate filing of an eviction proceedings against yc i without prior notice and without any grace period to cure the non-payment of rent. Please make arrangements to v,•u :.tc your property by March 15. 20001. Failure to do so will result in a hearing before the District Magistra Rcspectlitily Ann Hein 17,cl man 432-45231 Cert i fted: 711040750000 ; 63555455 F?j Jirc?? • y ?YiTvr?=',•h[f)?.i•:i???f{I?1?'?4?:4n.?t?•?a'1? .+,., . •?•'.? ???? rr?., ?_• CARLISLE PA 17013 - ` (T2.49 01719 $1.ES t11 °caLmari; Hrl[.ir[ Hnr.G!pi .=!!.: Hers (Enc'or•_:.inoni Roqubwq I Rcaricied uollvor, (Endorse[n.ni nequirori) : L0.00 ':ulr!I s°m.;i::n[: ;•. ,- ` _ $4.64 ` 1)2/14/21]06?) son" oID - 'te r [ HG S1rec4. np . No.: ----- •--• --- ------ .... City, Slafc.Zlis:.. ?U ?\ _._.____._ _? t ___...._...._ _ 7013 I!j Mar 13 07 11:32a Ann Madeira • a i ?q L.aDeira Inc 125 Walmar Manor Dilisburg, PA 17019 Bill To Larry Massey M&C Auto Group 3716 Walnut 3t. Iiamsburg, PA 17109 Descrip an Dec rant Jan rent Feb rent sewer bill 135 Bach St sewer bull 190 York Road Trash 717-432-5947 p.1 i Inv., E Date 2/14MW 3542 Amount 3,000.00 3,000.00 3,000.00 r 234.65 242.32 42.39 BALANCE PAST DUE CERTIFIED LETTER WQ.L FOLLOW Total 39,519.36 Mar 13 07 11:32a Ann Madeira -------------- ' ?' RVICE ADDRESS I SE 135 BEECI I STREET, CARLISLE METER READINGS 717-432-5947 p.2 ACCT. NO. L011004 KEEi° -H _ READING BILLING PERIOD COVERED I IS POH K-w! OE THE BILL =OR CURRENT 64i 14 FROM 10/01/2005 YOUR RECORDS. PREVIOUS 64g, Ilk TO 12/31/2005 TOTAL GALLONS USED 500f SERVICE Ci. CREDIT TOTAL WATER 33.00 37.3:1 FIRE SEWER 77.00 87.21 70.39 164.26 METER READING KEY A =ACTUAL E = ESTIMATED 01!31/2006 245.65 •9 1 PLEASE SEE ADDITiONP11 ALL PAST DUE AMOUNTS DUE IMMEDIATELY JPON RECEIPT IMPOR I A INFORWIA T 1 234.65 ON THE -BACK, AT C-BACK, OF T.- I ;1S 6I !-i_ This is your NEW SMTMA SEWERA/V % TER bill form. We hope this new format is easier to read and will eliminate mail delivery pr Iblems experienced in the past. We have now included a return envelope for your convenience . If you have any questions regarding this new bill form please call our office and we will try to :Issist you. Look for important messages and water saving tips on future bills. Mar 13 07 11:32a Ann Madeira SERVICE ADDRESS 190 YORK ;,tOAD, CARLISLE 717-432-5947 P I ACCT. NO.I 011014 METER READINGS READING BILLING PERIOD COVERED KEEP THIS PORTION' OF THE BILL FOR CURRENT 1381 k FROM 10/01/2005 YOUR RECORDS. PREVIOUS 1360 l To 12/31/2005 TOTAL GALLONS USED 21000 SERVICE CURRENT PAST DUI CREDIT TOTAL WATER 50.53 50 9! METER READING KEY 101.52 A =ACTUAL FIRE E .ESTIMATED SEWER 66.00 74.81 140.80 IL 01/31/2006 253.97 11111 Y • • . I ' . PLEASE SEE ADDII ALL PAST DUE AMOUNTS DUE IMMEDIATELY IPON RECEIPT IMPORTANT INFORMAT!ON 242.32 ON THE BACK O; 'r.'-!IS f3 '-(- This is your NEW SMTMA SEWER/W, ,TER bill form. We hope this new format is easier to read and will eliminate mail delivery pn blems experienced in the past. We have now included a return envelope for your convenienc( If you have any questions regarding this new bill form please call our office and we will try to tssist you. Look for important messages and water saving tips on future bills. .3 \') c? ti ? V 0 6 ?- 19i/ Ov Q-5; J EI =£ bid 6? ML60Z SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01763 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MADEIRA CAROLYN A VS MASSEY LARRY B II ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT MASSEY LARRY B II , to wit: but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT - ASSUMPSIT County, Pennsylvania, to On April 11th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answe _ -- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 41.25 Sheriff of Cumberland County Postage 3.66 81 . 91 t 14/,6 a-? 04/11/2007 HAROLD S IRWIN III Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01763 P CQMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MADEIRA CAROLYN A VS MASSEY LARRY B II ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: COX JEFFREY L T/D/B/A M&C AUTO GROUP but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - ASSUMPSIT On April 11th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 04/11/2007 HAROLD S IRWIN III Sworn and subscribe to before me this day of So answers R. Thomas Kline Sheriff of Cumberland County A. D. In The Court of CommoiPleas of Cumberland County, Penusylvahla • Carolyn A. Madeira vs. Larry B. MAssey II et al No. 07-1763 civil SERVE: Larry B. Massey II Now, April 2 2007 , I, SHERIFF OF -CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made, at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of.Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made kno Am to Sheriff of Sworn and subscribed before me this day of , 20 copy of the original the contents thereof. So answers, COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA offIce Of t4P S§4rrt-ff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MADEIRA CAROLYN A vs County of Dauphin COX JEFFREY L Sheriff's Return Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy No. 0519-T - - -2007 OTHER COUNTY NO. 07 1763 CIVIL I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MASSEY LARRY B II the DEFENDANT named in the within NOTICE AND COMPLAINT IN ASSUMPSIT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, April 9, 2007 DEF MOVED OUT 3 MONTHS AGO. JOEL CUERAS NOW RENTS BUILDING. Sworn and subscribed to before me this 9TH day of APRIL, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2010 So Answers, ?)( e,;? Sheriff of Dauph4,? County, Pa. By Deputy Sheriff Sheriff's Costs:$41.25 PAID BY COUNTY GM In The Court of Common Pleas of Cumberland County, Pennsylvania Carolyn A. Madeira vs. Larry B. MAssey II et al No. 07-1763 civil SERVE: Jeffrey L. Cox t/d/b/a M&C Auto Group Now, April 2' 2007, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do 17 hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,+ ?j Sheriff of Cumberland County, PA Affidavit of -Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the County, PA $ off1tre of "te S4rriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MADEIRA CAROLYN A vs County of Dauphin COX JEFFREY L Sheriff's Return Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy No. 0519-T - - -2007 OTHER COUNTY NO. 07 1763 CIVIL I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for COX JEFFREY L T/D/B/A M&C AUTO GROUP the DEFENDANT named in the within NOTICE AND COMPLAINT IN ASSUMPSIT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, April 9, 2007 DEF MOVED OUT 3 MONTHS AGO. JOE CUERAS NOW RENTS BUILDING. Sworn and subscribed to before me this 9TH day of APRIL, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2010 So Answers, ?,A* e;l*? Sheriff of Dauphirz,,County, Pa. By Deputy Sheriff Sheriff's Costs:$41.25 PAID BY COUNTY