HomeMy WebLinkAbout99-00265
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21, Denied, 1>lalntlff spedflcally denies that It fnlled to procure n tennnt for the
Defendant, By way of further llllswer. Plaintiff contacted nnd Introduced to Defendant, n
representative of KidsPeace National Center for Kids in Crisis, Jnc" the eventual tenant of
the property in question.
22. Denied. The allegations contained within Paragraph 22 of Defendant's New
Matter relate to and concern the terms and conditions of a document which speaks for itself,
By wny of further answer, nt all time material hereto, Plaintiff ncted with all due diligence in
procuring and attempting to procure tennnts for the Defendant.
23. Denied. The allegations contained within Paragraph 23 of Defendant's New
Matter contain legal conclusions to which no tespOlwive pleading is required. To the extent
a response is deemed necessary. said allegations arc denied as Plaintiff acled diligently in
procuring tenants for the Defendant and at all times material hereto. fully complied with and
satisfied all duties and obligations required under the Agreement.
24. Denied, The allegations contained within Paragrnph 24 of Defendant's New
Matter contain legal conclusions to which no responsive pleading is required, To the extent
a response is deemed necessary, Plaintiff denies that it failed to fulfill Its obligations under
the agreement and has therefore breached the same. To the contrary and by way of further
answer, at all times material hereto, Plaintiff acted in good faith and in accordance with the
duties and obligations as provided in the Agreement entered into between the parties.
25. Denied. Plaintiff specifically denies that it failed to fulfill Its contractual
obligations to the Defendant. By way of further answer. Plaintiff is without knowledge or
information sufficient to form a belief as to the truth of the remaining averments contained
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ominercial Realty, Inc.
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:;Thomas Posavec
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') am iri'~Pt of your invoice #658 dated 10/31/98, for Kidspeace commission from 1111198-
"'4/30/98 ; ."'. '\'. ,. .
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. . I know we spoke briefly on the telephone regarding this transaction and our dissatisfaction for
the manner in which this lease was handled. I have detailed the chronological order of events
that have happened with Kidspeace, Larldmark, and myself.
',', .
I. On or about the beginning of June 1998, Landmark showed suites 500 & 600 to
Kidspeace/Cindy Knox,
2. June 4'h . received a fax from Tom PasaveclLandmark to discuss potential tenant
for 1895 square feet.
3. June 16'h 1998, I called Tom PasaveclLandmlllk to see if Kidspeace still had an
interest. At that time you told me their budget was $1750.00 per month. We were
looking for $1825.00 per month. Tom Pasavec said he'd call to Kidspeace main
office in Philadelphia and request additional money for lease,
4. Throughout the remainder of June, I made several phone calls to Tom Pasavec
and Roy Brenner at Landmark regarding the status with Kidspeace lease,
5,.' During one of these conversations with Tom Pasavec, I was told sometimes these
leads just don't materialize. At that time I asked Tom Pasavec ifhe had been in
contact with Kidspeace lately and he said no. However, he might have some
. engineers interested in the leaSe space, '. '
6. Only July 15th, 1998, I received a fax from Roy Brenner asking me to prepare a
lease for Kidspeace. I called Roy Brenner tofind out the specifics since no lease
negotiations had been done by Kidspeace, Landmark, or myself, Roy said to send
a general lease that we can use for them to review,
7, July 17'h . 1998, I faxed a lease to Dick Boyer at Kidspeace.
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8,
On August 20'h, I received a call from Tom Pasavec ILandmark asking if we were
planning on renewing the listing agreement that expired July 31" , 1998. I told
him at this time we listed the space with CIR America. Obviously, Landmark had
lost touch with our listing and the dealings involved with the listing. Tom
Pasavec said that he expects full commission from Kidspeace if the deal is
completed and asked me what the status was, I told Tom Pasav,ec that I would be
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willing to pay a findcrs fcc bccause he was not acting on the best interest of
leasing the spacc.
9, From July 17'h thru Septcmbcr 10'h, [ telephoncd Dick Boyer at least a dozen
times to tlnd out ifhc received the lease [had faxed and ifhc had anlntcrcst in
pursing the lease SpIlCC, On Septembcr 14'h. I received II call from Dick Boyer
asking for some moditications to be mllde to the lease, Wc camc to agrecd upon
tCI111S,
10. On September 22"". Cindy Knox from Kidspeace came into our officc asking
about the space, She said she has not heard from Tom Pas avec or anyonc from
Landmark, regarding the lease, We made an appointment to meet on 9/23/98. to
go over lease transactions.
II. On September 23'", Cindy met with Edsel and myself, She express,~d a need to
get things expedited. We also worked on a build out drawing of the splice. She
said Kidspeace sent a proposal to Landmark for our space. We never received any
documentation of such, Hcr last conversation with Tom Pasavcc was in June
when Tom Pasuvec told her $11.00 per square foot was enough to pay for our
space,
12, September 25'h. Cindy from Kidspeace came into the office to discuss new
drawings.
13. September 28'h, Cindy from Kidspeace requested additional space to
accommodate their organization. Changes were made accordingly.
14, October I ", I sent the lease to Diek Boyer, priority mail.
15. October 13'11, Tom Pasavec called our office asking what's happening with
Kidspeace.
16. October 14'h, Dick Boyer faxed signed lease, October 19'h. a hard copy of the
lease was received,
Lease to start December I II 1998 - based on build out being finished, I'm sure you will agree
that yes you did bring Kidspeace to look at our lease space however, in no way have you been
instrumental in completing this transaction. If! had not been persistent with Dick Boyer and
Cindy Knox this lease contract would not have ever taken place. As you can see, a lot of time
was ~pent on my behalf negotiating the terms and following up on open items. My husband and
I will pay you, in good faith, a finder's fee in the amount 01'$778.86 for bringing Kidspeace to
us, No other payments to Lundmark 01' Tom Pasavec will be made from us, due to the lack of
service and the fact that the listing agreement expired on July 31 ", and no retainers were macle to
reserve Kidspeace prior to the expiration of the contract.
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Suz ne Delerme ~-
cc: Augusto N. Delemle. Esq.
Sent certi fied return receipt
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COMMONWEALTH CORPORATION
764 Corporate Circle
Limekiln Commerce Park
New Cumberland, P A. 17070
..FAX
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From: ~CLl"'U (J).f.JJtI/-C.
Date: IO-N.qro
Number of Pages: .:z
Phone: 717-770-2000
Fax: 717-770-0605
Remarks:
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3, TERM
The primary tenn oftllis lease sh:lll be five (5) years to commence on December 1" ,
1998 or completion date of build out (hereinafter the 'Commencement Date') and to end
November 3D, 2003. The first month's lease charge will begin December I", 1998, or be
prorated for the portion of November /December 1998 when available to the Tenant for
occupancy.
4, RENTAL
a) IN CONSIDERA nON of which, during the ba.qe tenn of the lease, Tenant agrees
to pay to the landlord for the use of the space, the following payments:
Rental payments of Forty-Four Thousand Five Hundred Six DoUars ($44,506.00)
for the first two (2) years; said sum to be paid in monthly ulStaUments of
$1854.42 due and payable by the first (l'~ day of each month beginning
NovemberlPecember, or prorated for NovemberfDecember, as noted above.
Years 3, 4, 5 shall be based on $1854.42 plus the Consumer Price lodex rates,
Not to exceed 5% increase per year,
b) Any rent not paid within the ten (10) days of its due date shall be subject to a five
percent (5%) late charge. Payments, when received by the Landlord, shall be
applied first to delinquent rents and late charges, if any.
5, SECURITY DEPOSIT
JIoS"o,oo ~I(
Tenant shall pay a security deposit in th0:rnount of Three Thousand S- Hundred f,r r ~
, Dollars 3.l11111ight"J F~1!j ,ants ($~ prior to obtaining possession oethe
leased premised upon signing of lease, To be retained in an interest bearing account
in~ir!lerest
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RENEWAL
This Agreement shall automatically renew for an additional two (2) years unless written
notice of the Tenant's intention not to renew is given to the Landlord ninety (90) days prior to
the expiration of the initial tenn or any renewal tenn.
The rent for the first two (2) years will be fixed, For subsequent years the rent shall
mcre:lSe in accordance with the current Consumer Price Index rates/not to exceed 5% increase
per year.
7, LEASING CLAUSE
Landlord is the owner of the building and has full right and authority to make this lease.
Landlord hereby leases the premiser! to the Tenant in accordance with the provisions of this
lease, Tenant hereby accepts this lease,
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20. PARKING
Landlord agrees that Tenant, its employees, agents, customers and visitors shaU have the
right to use such parking spaces lIS may adjoin the building at IIl\Y time during the term of the
leMe.
. 21. SIGNS
Tenlll\t shall not place any signs upon the exrcrior of the premises nor cause any leltCling
of any Icing whatsoever to be placed upon the outside windows of the premises without the
permission of the landlord, Tenant will be identified on any sign 01' directory to be placed
outside or inside the building by Landlord for the purpose ofidentit'ying Tenants. The Tenunt
will be charged a fee to have a plaque/sign made and installed on their mairl entrance. Tenant.
wlll be notified o~ the price prior to ordering.
22, DEFAULT BY LANDLORD
If the Landlord shall default in fulfillrncnt of any of the covenants 0.( provisions of this
lease or attachments on its part to be perfonned and shall fail to remedy the default within thirty
(3D) days or such time as is reasonably required to cure such default (eltcept that any default
consisting of or amounting to dispossession of the TCllant shall be immediately actionable) after
Tenant shall have given Landlord written notice of such default, then Tenant shall ha',e right,
power or remedy permitted to it by law, and shall have, without limiting the generality of the
foregoing the right to (a) remedy Landlord's default and charge Landlord for the cost of
remedying the aefault by withholding rent or otherwise, or (b) allow the default to continue and
reduce the payment of rent by reason of default. If Landlord docs not remedy such default within
thirty (30) d.1YS or within such period as may be reasonably required to remedy the default if it
cannot be done within thirty (30) days, the Tenant, while such default shall continue, shall have
the further right to give Landlord written notice of its intention to terminate this lease on the date
of such notice or on any later date and on the datc specified in this notice, Tenant's obligation to
pay rent shall cease and this lease shalltenninate.
23, DEFAULT BY TENANT
If Tenant shall default in fulfillment of any of the covenants or provisions of this lease on
its patt to be perfonned and shall fail to remedy such default within thirty (30) days (Cltcept the
Landlord may sue for any paY1l1ent of rent immediately after it becomes due) after Landlord shall
have givell Tenant written notice of such defa~lt ifit cannot be done within thirty (30) days
(except that Landlord may sue for llny payment or rent immediately after it becomes due) after
Landlord shall have givcn Tenant written notice of such default or within such period as may
reasonably be required to remedy the default if it cannot be done wiUlin thirty (30) days, then
Landlord shall have the right to terminate this lease unless it has given Tenant prior written
noticc of the dale of tennination. In the event of default by the Tenant, Tenant shall be
re~;ponsible for payrnCllt of all rents still due and owing under the terms of this agreement; all
continuing rent unless and WItH the premised arc re-rented or until the end of the initial lease
-7-
OCT-14-1998 14:25
6 to 391 8280
97~;
P,08
term, which ever comes first; all costs incurred by the Landlord as a result of the default,
including but not limited to, advertising costs, renovation and redecorating costs, fecs to rental
agents, rent loss and/or rent differential, and reasonable attorneys' fees not to excced thcllmount
of fifteen percent (15%) of 0.11 monies due and owing 10 Landlord,
24.. REQUIREMENTS BY LAW
Landlord shall at its own expense promptly observc and comply with all prosent laws,
ordinances, requirements, orders, directions, rules and regulations of tile federal, stahl, l10lU1ly
and city government and of all governmental authorities having jurisrliction directly Or lndirC<1t1y
over the premised, building or appurtenances of allY pall thereof, including but nOllimited to,
such regulations or standards as are or may be promulgated under the Fedcral OCCUpilliollal
Safety and Health Act of 1970, or similar federal, state or local requirements pertaining 10 the
Tenant's use of the premises and the bllJlding.
It is understood, however, that the Landlord is nol required to prOllllrc any pClll1lllt or
licenses or certificate or other authorizations necessary for the Tenant to eonductlts business in
the lease premises. Landlord, however. will provide the premises per codc so thaI an occupancy
permit can be obtained.
Tenant shall at its own expense, promptly observe and comply with all pnllent und fUtlllo
laws, Qrdinances, requirements, orders, directions, rules and regula!ioll~ of the federal, 8tale,
county and city governments and of all other govemmentaJ alllhorities having julisdktlon with
respect to the operations of Tenant's business,
25. SUBORDINATES AND NON-DISTURBANCE
Landlord is her~by vested with full power and authoril)' to subordinate T~l1al1t'y intarest
hereunder to any montage or deed of trust which may now or hereafter be placed Oil the building
or underlying leasehold estate and also to all renewals, modifications, consolidation Ilnd
replacement of such montage or deed of trust. Landlord shall obtain from IIny present 01' flllure
mortgagee, trustee, fee owner, prime lessor and any olhl'l' person having an interest In the
premises superior to this lease a written non-disturbance agreementl1rovidlng that so long as
Tenant perfonns all the terrrlS, covenants and condition.\ of this lease and agl'ecfi with an altorney
to the mortgage, beneficiary of the deed oftruSl, purchaser at foreclosure sale, prime lessor or f(~e
owner, Tenant's right to possession urlder this lease shall not be disturbc[1 and all of the rights of
Tenant hereunder shall remain in full force and effoct for the full terlll of lhls Jel1-le and any
renewal periods, and Tenant shall not be named or joined in any action ofprocce[lillg to
foreclosure by the holder of any mortgage or deed of trust.
26, INDEMNITY
Each party shall indemnify and hold harmless, the other 1\0111 allY liability for inJnry to or
death of any person or damage to any property caused hy I1c~lil1ellrO or rn!1c,oflllllct of sllch
party, its agents. employees or contractors, or hy such pany's (alllllo to perlllnn tbe covenants of
the leuse. In case, either party shall, without fault 011 its p,lfl, b,~ I1Hlde il party to any Iltillalioll
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OCT-14-1998 14'27
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LANDMARK COMMERCIAL REALTY,
INC..
IN THE COURT OF COMMON ['LEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
v, {L~ <,.xl- ,/1" J'i 'j
.b uJ-,,"\ 0
SUZANNE DELEf,RME,
Defendant
CIVIL ACTION - LAW
No, qq. dll>5
NOTICE TO DEFEND
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 cla.ims set forth against
you. You are warned that if you fail to do so the case may procced 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.
LA WYER REFERRAL SERVICE
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17101
(717) 232-7536
4. Plaintiff believes and therefore avers that at 1111 times material hcreto, Defendant
and her hushand, Augusto DelcI'IllC IIrc thc owncrs of relll pl'Opcl'ly ]o(:lIlcd at 764 Corporate
Circle, Limekiln COlllmerce Park. New Cumherland, CUlllherlllud County, Pennsylvllnill.
5, On or ahout March 6, 1998 Defendanl emploYl'd Pllllutlff pursullnt to II written
contract entitled "Exclusive Authorization to Lease" (hereafter "Agrecment") to procure a
tenant for a rental portion of the premises located at 764 Corporate Circle, Limekiln
Commerce Park, New Cumberland, Cumberland County, Pennsylvania. A true and correct
copy of the Exclusive Authorization to Lease Agreement Is attached bereto and marked as
Plaintiff's Exhibit "A",
6. Pursuant to the terms and conditions of the Agreement, the Agreement between
the parties was to be effective upon cxecution of the same, and was to terminate on July 31,
1998,
7, The Agreement also contained a provision whereby Defendant agreed to pay
Plaintiff as compensation for services rendered a commission of: 7 % of the first year rent;
5% for the secoud and third years; 4% for the fourth and fifth years; and, 3% for any and
all subseqnent years,
8, Pursuant to the Agreement, all commission payments were due and payable in
advance, semi-annually upon commencement of the lease.
9, In or about late March, or early April, 1998, Plaintiff contacted and introduced to
Defendant a representative of KidsPeace National Center for Kids In Crisis, Inc. (hereafter
"KidsPeace") as a potential tenant for the rental space locate at the address noted above.
10, Thereafter, up to and including October of 1998, Plaintiff expended its time and
efforts to procure KidsPeace as a tenant for the Defendant, such efforts include but are not
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alld POICII/illl ICI/alll 10 I/cgoli/Uc II leitole 01' lIit' Pl'Operly,
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"..'" w'/h ""'/h" "', ''''', ''''.y, p,. ''''' II """dol "'",," "m"'m."" "/h,
A,,,,,,,,,,, wh,,",y ""'''d.", "m"" Ii,,,, ,,, '" "" "'"_" ""y I"" "",oJ
,"', w'/h Kid,,,,,,,, """''''''' " 0" "..,"'"" " '" A ._",,,, A,,,, '" """"
","y ,'''" w""" "'.".... ,." '''''' ,,' A.."" 20, "" ,. '''''''''' h'm,,, ''''' "',',' "
Plalllliff's Exhibll "B".
Il, 0.", '"'' 0""", 13, '99', "",,"".., """" '''''' "" y", ,,,,, W',h
K''''""" ,,,' /h, ."'" ''''''''' " 764 C""""." C'''''' I.....,,,. c_,,,, ""', Now
"""h"'""" "'mh"'.",, C""'y, "',,'" y' "",., A '''''' '''' '''''''' "'py 'f /h, I""
agrcemelll is al/llchcd hereto IInd marked 11.1 Plaintiff's Exhlbil "C".
13, 0.", ,"" N""",,,, " I 998 ""',"",,' ,ro""", d,,, "'" """',' '''''I
wn"", "'''''' " PI""" ff " ", """,''',,,, """"'" of 'h, A,-,,,, Wh"", ."
,,""" ""011" '" ""h",,,,,.. ",""","J" ",ym,,,,.,, P''''''ff, A.. 000'","""
II.."" "",,,', '" '''''''''''' , """ "'..., "".hI, " PI".'ff', '" 'm,,,, " $778,,, "
· '."" "'/h "oil,,, f,," " h, d"""" ,," "'" "'" "',""''', C'P'" 01 /h, N,,,,,,,, "
1998 J",,, ,"" 'h", 're """"" h""o "d "''''''' " P.'''Jrr, E.h/h', '0'
14, A, ," "m" m,,,,,., h,,,,,, PI. """ "'''' ,. ."" fol/h '011 ,. ","'d.", WI/h
'Ire '''''' '011 ""Ii""." " ,m 'Id", '. /h, A""m,. "",'" '''' "",w,,. /h, ""'..,
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Sxhlblt A
~H.d41IU\'l~( IIJllt\H'I!, llilllll l'l'liQ
Ifill ~iiTc~ln (j)
exhibit B
Exhibit 0
A(\-'I~II.i.dAt iIoIJni I)'ji~ 1lI11 ~ICI~UI @
exhibit c
20. PARKING
Landlord agrees that Tenant, its employees, agents, customers and vislton shall have the
right to use such parking spaces as may adjoin the building at any time during the term of the
lease.
21. SIGNS
Tenant shall not place any signs up..,n the exterior of the premises nor cause any lettering
of any king whatsoever to be placed upon the outside windows of the premises without the
pennission of the landlord, Tenant will be identified on any sign or directory to be placed
outside or imide the building by Landlord for the pwpose ofidentiJYjng Tenants. The Tenant
will be charged a fee to have a plaqne/sign made and installed on their main entrance. Tenant
will bc notified of the price prior to ordering,
22, DEFAULT BY LANDLORD
If the Landlord shall default in fulfillment of any of the covenants or provisions of this
lease or attachments on its part to be perfonned and shall fail to remedy the default within th.irty
(30) days or such time as is reasonably required to cure such default (eKcept that ~ny default
comisting of or amounting to dispossession of the Tenant shall be immediately actionable) after
Tenant shall have given Landlord written notice of such default, then Tenant shall have right,
power or remedy permitted to it by law, and shall have, without limiting tlle generality of the
foregoing the right to (a) remedy Landlord's default and charge Landlord for the cost of
remedying the default by withhOlding rent or otherwise, or (b) allow the default to continue and
reduce the payment of rent by reason of default. If Landlord does lIot remedy such default within
thirty (30) days or within such period as may be reasonably required to remedy the default if it
cannot be done within thirty (30) days, the Tenant, while stlch default shall continue, shall have
the further right to give Landlord written notice of its intention to terminate this lease on the date
of such notice or on any later date and on the date specified in this notice, Tenant's obligation to
pay rent shall cease and this lease shall tenninate,
23. DEFAULT BY TENANT
If Tenant shall default in fulfillment of any of the covenants or provisiom oftbis lease on
its part to be performed and shall fail to remedy such default within thirty (30) days (except the
Landlord may sue for any payment of rent immediately after it becomes due) after Landlord shall
have given Tenant written notice of such default if it cannot be done within thirty (30) days
(except thatl.andlord may sue for any payment or rent immediately after it becomes due) after
Landlord shall have given Tenant written notice of such default or within such period as may
reasonably be required to remedy the default if it r.annot be done wiUlin thirty (30) days, then
Landlord shall have the right to tenninate this lease unless it has givcn Tenant prior written
notice of the date of termination. In the event of default by the Tenant, Tenant shall be
responsible for payment of all rents still due and owing undcr the tenns of this agreement; all
eontinuing rent unless and until the premised are re-rented or until the end of the initial lease
-7.
OCT-14-1998 14'25
610 391 8280
97l;
P.08
term, wWch ever cornel first; all costs Incurred by,he Landlord as a result of the default, .
Including butllot limited to, advertising costs, renovation and redecorating oosta, fees 10 rental
agents, rent loss andlor rent differential, and rellSonable attorneys' foes not to exceed the amoullt
of fifteen percent (15%) of all monies due and owing to Landlord,
24. REQUIREMENTS BY LAW
Landlord shall at its own expense promptly observe and comply witl1 all present laws,
ordinances, requirements, orders, directions, rules and regulatioflS of the federal, state, oounty
and city government and of all governmental authorities having jurisdiction directly or indirectly
over the premised, building or appurtenances of any part thereof, including but not limited to,
such regulations or stand'll'ds as are or may be promulgated undel' the Federal Occupational
Safety and Health Act of 1970, or similar federal, state or locnl requirements pertaining 10 the
Tenant's use of the premises and the building,
It is understood, however, that the Landlord is not rcquired to procure any permits or
liceflSes or certificate or other authorizations necessary for the Tenant to conduct its business in
the lease premises. Landlord, however, will provide the premises per code so that an occupancy
permit can be obtained.
Tenant shall at its own expense, promptly observe and comply with all present and future
laws, ordinances, requirements, orders, directions, rules and regulations of the federal, state,
county and city governments and of all other governmental authorities having jurisdiction with
respect to the operations of Ten ant's business,
25, SUBORDINATES AND NON-DISTURBANCE
Landlord is hereby vested with full power and authority to subordinate Tenant's interest
hereunder to any montage or deed of trust which may now or hereafter be placed on the building
or underlying leasehold estate and also to all renewals, modifications, consolidation and
replacement of such montage or deed of trust. Landlord shall obtain from any present or Mure
mortgagee, trustee, fee owner, prime lessor and any other person having an interest in the
premises superior to this lease a written non-disturbance agreement providing that so long as
Tenant performs all the temlS, covenants and conditions of this lease and agrees with an attorney
to the mortgage, beneficiary of the deed of trust, purchaser at foreclosure sale, prime lessor or fee
owner, Tenant's right to possession under this l~ase shall not be disturbed and all of Ule rights of
Tenant hereunder shall remain in full foIU and effect for the full term of this lease and any
rencwal periods, and Tenant shall not be named or joined in any action ofpl'oceeding to
foreclosure by the holder of any mortgage or deed of tnIst,
26, INDEMNITY
Each party shall indemnify and hold harmless, the other from any liability for injury to or
death of any person or damage to any property caused by negligence or misconduct of such
party, its agents. employees or contractors, or by such pany', failure to perform the covenants of
the lease. In case, either party shnll, without fault on its part, be made a pat1y to any litigation
.8-
OCT-14-'1'l'lB 14'27
6Hl 391 8280
971;
P,e<J
~U-111~fl'((u~( IWlIl Uj.""U 11I11 ~~r.'LIUl @
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:beai Tom:":
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'. 'I am In'i?9~jpf of you\" invoice #658 dated )0/31/98, for Kidspeace commission from 11/1/98-
'" ...':4/30/98>"''''\" . ...
...~",:,~~:,;"."'( . , '
I know we spoke briefly on the telephone regarding this transaction and our dissatisfaction for
the manner in which this lease was handled, I have detailed the chronological order of events
that have happened with Kidspeace, Landmark, and myself,
~ I,
I, On or about the begimling of June 1998, Landmark showed suites 500 & 600 to
KidspeacelCindy Knox.
2. June 4'h , received a fax from Tom Pasavec/Landmark to discuss potential tenant
for 1895 square feet.
3, June 16th 1998, I called T;Jm Pasavec/Landmark to see if Kidspeace still had an
interest. At that time you told me their budget was $1750,00 per month, We were
looking for $1825,00 per month, Tom Pasavec said he'd call to Kidspeace main
office in Philadelphia and request additional money for lease,
4. Throughout the remainder of June, I made several phone calls to Tom Pasavec
and Roy Brenner at Landmark regarding the status with Kidspea~e lease,
5..' During one of these conversations with Tom Pasavec, I was told sometimes these
leads just don't materialize, At that time I asked Tom Pas avec ifhe had been in
contact with Kidspeace lately and he said no, However, he might have some
. engineers interested in the lease space. .
6, Only July 15th, 1998, I received a fax from Roy Brenner asking me to prepare a
. lease for Kidspeace, I called Roy Brenner to find out the specifics since no lease
negotiations had been done by Kidspeace. Landmark, or myself, Roy said to send
a general lease that we can use for them to review,
7. July 17th, 1998, I faxed a lcase to Dick Boyer at Kidspeace.
. .
8. On August 20'h, I received a call from Tom Pasavec /Landmark asking if we were
planning on renewing the listing agreement that expircd July 31" , 1998, r told
him at this time we listed the space with erR America. Obviously, Landmark had
lost touch with our listing and the dealings involved with the listing. Torn
Pas avec said that he expects full commission from Kidspeace if the deal is
completed and asked me what the status was. r told Torn Pas avec that I would be
- - --~ ------~-
---
---
----
------
.-
,.
.. ." , ...
willing to pny a finders fee bccnuse he was not acting on the best interest of
leasing the space,
9, From July 17'h thru Septcmhcl' 10'h, I telephoned Dick Boyer utleust a dozen
times to find out ifhe received the lease I had faxed and ifhe had un interest in
pursing the lease space, On September 14'h, I received a call from Dick Boyer
asking for some modifications to bc made to the lease, We came to agrecd upon
terms,
10, On Scptember 22"'1, Cindy Knox from Kidspeace came into our office asking
about the space, She said she has not heard from Tom Pasavec 01' anyone Irom
Landmark, regarding the lease, We made an appointment to meet on 9/23/98, to
go over lease transactions.
II. On September 23''', Cindy met with Edsel and myself. She expressed a need to
get things expcdited, We also worked on a build out drawing oflhe space, Sbe
said Kidspea~'e sent a proposal to Landmark for our space. We never received any
documentation of such, Her last conversation with Tom Pasavec W(lS in June
when Tom Pasavcc told her $11,00 per square foot was enough to pay for our
space.
12, September 25'h, Cindy from Kidspeace came into the office to discuss new
drawings,
13, September 28'h, Cindy from Kidspeace requested additional space to
accommodate thcir organization, Changlls were made accordingly,
14. October I", I sent the lease to Dick Boyer, priority mail.
15, October l3'h, Tom Pasavec culled our office asking what's happening with
Kidspeace,
16, October 14'h, Dick Boycr faxed signed lease, Octoher 19'" , a hard copy of the
lease was received,
Lease to start December I" 1998 - based on build out being finished, I'm sure you will agree
that yes you did bring Kidspel\(~e to look at our leasc space however, in no way have you been
instrumental in completing this transaction, If! had not been persistent with Dick Boyer and
Cindy Knox this lease cuntract would not have ever taken place, As you can see, a lot of time
was ,pent on my behalf negotiating the terms and following up on open items. My husband and
I will pay you, in good faith, a linder's fee in the amount of$778,86 for bringing Kidspeace to
us. No other payments to Landmark or Tom Pasavec will be made from us, due to the lack of
service and the fact that the listing agreement expired on July 31 ", and no retainers were made to
reserve Kidspeace prior to the expiration of the contract.
~jQereIYr' ~ q~ .)
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C})LL /t.1u..I {. 1/7-
suza~:t'Delenne '
cc: Augusto N, DelernlC, Esq,
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required. it is denied that Dr-fendant was liable or is liabl~' for any commission to the
Plaintiff. By way of further response, I'luintltT did not fulfill its obligutions and duties
. under the purties' Agreement as I'laintltT fuiled to act with diligence us required under the
Agreement.
12. Denied as stated, It is denied thllt Defendant entered into a lease
agreement with Kidsl'eaee, By way of further answer, the Defendant, Jointly with her
husband, entered into a live (5) year leuse agreement with KidsPeaee for a portion of the
space available to be rented, It is denied thut the location leased was in cumberlund
County as the locution is actually in York County.
13. Admitted in purl and denied in purt, It is admitted that Defendant
corresponded with the Plaintiff and lorwarded a check, in the amount of $778,86, in an
attempt to resolve the parties' dispute, It is denied that Defendant repudiated or breached
the parties' Agreement in any way. The remaining averments of paragraph thirteen (D)
ofPlaintifl's Complaint arc denied. By way of further unswer, Plaintifffuiled to perform
its obligations and duties under the parties' Agreement by failing to uet with diligence in
procuring a tenant for the Defendant.
14, Denied, It is denied that I'laintift. acted in good fuith during the term of the
parties' Agreement. It is denied that Pluintiffperfomled the duties und obligations
providcd in the parties' Agreement. By wuy of further answer, l'luintifl's inuetivity,
inattention and rel\tsal to provide the services required by the purties' Agreement resulted
in Defendant being forced to perform those duties, AddltionuUy, without Defendant's
efforts and perlbrmance ofthe dlltles which Plaintiff fulled to perform the lease
agreement would not have heen consummutcd,
15, Denied. Paragraph fil\een (15) ofPlaintltl's Complaint consists of
conclusions of law to which no response is necessary. To the extcntthat a response Is
required, it is denied that the Defcndant breuehed the parties' Agreement.
16. Admitted in part and denied in part, It Is udrnltted that the only payment
which Defendant hus remitted to the PlaintilTconsists ofa che()k in the amount of
$778.86 and that Defendant has refused to muke any further payments, The remainder of
Plaintiff's uverments in paragraph sixteen (16) of Plaintiffs Complaint are expressly
denied as Defendant has not breached the parties' Agreement. It is further denied that any
commission payments arc due by the Defendanlto the Pluintiff,
17, Denied. Paragraph seventeen (17) of Plaintifl's Complaint consists of
conclusions of law to which no response is necessary, To the extent that a response is
required, it is denied that the Defendant repudiated or breached the parties' Agreement. It
is further denied thut any actions or representations by the Dd\mdant have resulted in any
loss to the Pluintifi:
WHEREFORE, Defendant respectfully requests this Honorable Court to enter
judgment in Defendant's favor for the costs of suit and against Plaintiff.
21,
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CIIMIU~R"ANIl ('(HiN'l'V,I'"
IU!:COIUJI<:" (JIIllt;t:UN
FicE SCHEDULE
EFFECTIVE JANUARY 1,1000
DBBD 2~.~0
Rtal.tratlon for
Camp lilli, Lomoyno &
Now Cumborlll1d 1.00
Slatomont of Valuo 1.00
Act N319 Clean & Green 2~,SO
MORTGAGE 25,50
MlSCBLLANEOUS INSTRI JMIlNTS
AGRIlI!MllNT 14.00
ASSIGNMENT 14.00
CANCELLATION 14.00
CHARTER 14.00
CONDEMNATION 14.00
DECLARATION OF TA.l<ING 14.00
DECLARATION OF TRUST 14.00
EXTENSION OF EASBMENT 14,00
GAS & OIL LEASE 14.00
.
.
HIGHWAY MAP (I" page) 10.00
Addilional pago, each 3,00
Copy, por page 1.00
LEASE 14.00
MEMORANDUM/AGREEMENT 14.00
MEMORANDUMlLEASE 14.00
MERGER 14.00
MORTGAGE EXTENSION 14.00
NOTICE OF CONDEMN A TION 14.00
OPTION 14.00
.
ORDINANCE 14.00 .
PARTIAL RELEASE 14.00
PERMITS - Sowage & Water 1400
PLANS 18" x 24" maximum 10.00
Addillonal page, each 2.00
Copy, por page 1.00
POSTPONEMENT 14.00
POWER OF ATTORNEY 14.00
POWER OF ATTORNEY TO SATISFY 14.00
PROTECTIVE COVENANTS 14.00
RELEASE I too
RELEASB OF MORl'OAGl! 14,00
Additional rol".e, eaoh 1,00
REVOKE POWER OF AlTORNEY 14.00
RlOHT OF WAY 14.00
SATISFACTION PlECE 14.00
UNDERGROUND RIW ACT N287 5.00
Copy 200
NOTARY PUBLIC
Bond & Commission 29.50
FINANCING STATEMENTS
1 Sl debtor namo 59.50
Each additional debtor 57.50
Ancillary Iransaction 59.50
NonstandIVd fonns 13 3.50
Additional pagos. each 2.00
OTHER ITEMS
Certification 1.50
Extra pages over 4 2.00
Exlra names over 4 .50
Coplos, por shoel .50
Change of name search 5.00
Marginal notation 2,00
Maps attachod
Oversized. I" page 10,00
AddltloMI page 2.00
Above per Senale Bill No 125 I April 8, 1982.
Effective dalo for recording purposes June I. 1982.
(ACT 87)
· As ameaded by Cumborland COUflly Board of
Commissioners effective July I. 1996. (Ordinance
1996.1)
"As further amended by HB196 (ACT 8,1998)
d7/0&/1999 12:14
71 722185&&
G.L. ROTHSClHL/), (SO
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AI I~ f.a.llN1' Na:lIIlHI A.T'I'OI1NIVIWOAK I'AOllUCT P'II\'UGI! rr .INrUIlIDCHL Y
IQI 'IMI &-. OF TN! INIJIIIIIll.W. HAlle AIICMI *' THI! l'llMl.I!IllII AIW NlJT WAI\IIO Wi
wmJIOfI'1'MI "'WIG _1IlIiNf.,.,...' II 111 II!. II' TIll '"- AC'I\W.Lll'._A.lNG TMI
r'"'17 - · OIl Nf1 one IlIADI!R OF nE FN: I ml.!. NOT 1llI1WIlID. _IT Oft THe
IIIII'lDYB 0IIM8IT 1lIIPOl1I..#.TOIII!lNIR "TOM rw.D~,NlY_
. I UWiTlCll, ~ OIl COfI'nNO Of' TIll C~17T\lN1C:AllOH .ITIICTLY
lWliI_.au,.YOU HAl/! ~ 'MI C~1fT INICATlON IN IiMOR, PlEAII! FT'Rr\;1ILY
CONrN..'neraIlAT (T17) Dt.alOOII "Ale AT (717) an.... ltWI( YOU,
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COUNTY OF YOFlK
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OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
28 EAST MAI1KET ST., YOI1K, PA 17401
'~r---~---- INSTRUCTIONS
I PLEASE TYPE ONLY LINES 1 TO. 12
DO NOT DETACH ANY COPI!:S.
2. COURT NUM8ER
----L.i.Uldrn<.l.l:k.C_vrnmQI"<.: till R~ELL~y.. I II" , 99 - 2 65 Civ il
3.0EFENOANT/SI . ..--.-....----- -''-TYPE OF WRiroR COMPLAINT
se:~I~, ~ldi\'6-F.m~Vi51J.iJ.-.' COMf;ANY.: COfiPO, fiAtj(jN~-E.-TC. .T6"SEAVEOR'.OESCiiiPfION OF PR~~~~~~~ 8EaL~~EOCAO,TT~~~;:' ~~ S~LO--
. Suzanne Deloenno . ..
-----6:AllooESSlSTREET'oliAI'DWfTRilbx :>iUiJotA.-APT No;-eii'fiioRO: Tw"f["STATE ANO ZIP CODE---'
~-- cL<L_!~QI!lITlQ.!}_I.'Lfl..a1.!.!.1.__C.~_LJ_6_q CorE. Ci,cle, Limekiln Comm~5k'p~e.., C\lrpbe
7.INDtCATf IERVleE: IJ PERSONAL IJ PERION IN CHAROE XI DEPUTIZE Cum* I.lAUld IJ 1ST CLASS MAIL IJ PDITEO C1J,i\~7 0
NOW.. 1 Uc~[9-~:'~--:'::,,--==- -=:-==-19'=':__,. S~iERIFF OF-~UNTY, p~ ~bY,dftpUtlze rIN of
~~<~~ d.piii.T~n 118ln~-mld..i-'hjlr'-q~8.i-~nd r~~~~~.U~~;:~~~~~U~~~ t ~ ,~;Ing
8. IPECIALINSTRucnDNS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITINO SERVICE:
Cumberland
SHERIFF SERVICE
FoROCIESS RECEIPT, and AFFIDAVIT OF RETURN
tfi[AiiiTiFFllir-----.,... ,-~--_. '
Serve at. c/o Commonwealth Corporation
764 Corporate Circle, Limekiln Commerce Park
Now Cumberland, P^ 17070
."
ADVAOCE FEE PAID BY ClJMBERLl\ND COUNTY SHERIFF
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN. AnV deputy sheriff IO'v)/lng upon or attaching any property under within writ may leave
8iIme without 8 walchman, In cuSIOdy ot whomevor Is found In pcss6sslon, altor noUfying purson 01 levy or allachmenl, wllhoulliabilily on the pan or such deputy or the sherIff I~.ny
phllnlitr herein for any loss, deslrlJCllon, or rflmoval of Rny property belote sheriff's sale lhereor.
9.TYiiENAME AND ADDRESS 01 iTfOANEV/ORlOINATOR and'SIO'NATURE ~o. TELEPHONE NUMBER 11.0ATE
Thomas L, Isenb9rg, Jr, Esg,
213 Market Street, Harrisburg, PA 17108 717-237-6000 1/14/S9
12. lEND NOTICE OF 81!RVICE COPY-TO NAME AND ADDRESS BELOW: (Thll .re. mU'1 be completed If notlc&""lato be milled).
Cumberland County Sheriff, 1 Courthouse &luare, Carlisle, PA 17013
SPACE BELOW FOR USE OF THE SHERIFF ONLY. DO NOT WRITE BELOW THIS LINE
13.I.cknowledge receipt 01 the will SIGNATURE OF AUTHORIZED CLERK "J 14. Dale Received 15. ExpiratiOn/HearIng Date
o,compl.lnl..lndlCaled.bove. 8, Feeser . 1/27/99 2/13/99
._--~-----~._-~---_.
16.1 hereby CERTIFY and RETURN that I U have personally sorved, U havo posted property, U have legal ovidence 01 servIce as shown In
"Remarks., U hftl/o executed a9 in "Aemtrks', Ihe wrll 01 complaint descrlbecl on Iho individual, company, cor.
poratlon, 91C, allhO address In.'ertod bolow by handing II TRUE and ATTESTED COPY Ihoreol.
~-----------. "'-.
17 U I horeby corufy and relurn II NOT POUND bocause I am unoblo to locale the mdlvldual, company. corporation ole, named abovo (See remarks below)
18 NAME AND TtTL EhOF INDIVloUAiSERVEp I L1ST-~ORE99 HE~ IF 'Nor SHOWN AB'!VE (R.lallan.hlp -IOD.f.nd.nll-~te of ServIce 20 TIme 01 Sorvlc.
-'" Z ,(... ,<~t" ~~;;: ,..' / ~ ~>(;- ,~.': " &T~ L_J...L::.2</ 'i'; , ..- po
" m'~ - '~....'(.r;r..[~ U~MII'.I :1'" Tlm'MII'. nl. 0,1. Tim. Mil.. Inl. D.,. TIm. Mil.. Inl.
~ 22 Advance Costs 2~ Service (':081!! 24 NOI Found -is -MII'oage 26 Poslagn 27Pounda00T26 -Notary Fee 29 Surcha/ge 30 Total Cost 31 Cost DUG or efund
c-"'> $100: 00 _J f, CQ._ __.__~ L, 5 _____c !,d.2~L ,..{, CO 6-
I,. 32 REMARKS CI{if /3IST/
------------,--.---..-.-..-.-----..-. ...----- -_._.....--_...--.~-.SD ANSWEit"-.
2nd
34. day 01 _..___
35.
MCi.QQMM!SSION EXPiRES _. _ 'Q~.=__"::-___
42.1 ACKNOWLEDGE RECEIPT 0 THE SHERIFF'8 RETURN SIONATURE
OF AUTHORIZED ISSUING AUTHORITV AND TITLE
~ WHlii-~;ulng A~h~;jIY"'2~PlN~4:11~';;;-(;~; i-EANA'A~htl(itr; Ofllc~'" 4.-a'L'ur: :S.t;~~;--O-f!;~-(l
." ---[:':i'oale Recfllved ------ .-.
...--.... .....-..._..._._-~_._-~----
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CUUNTY DF YORK
"DFFICEo.(i~E .SJ:lEI3JEE'M.;..~;~~~~t.'i~~.~~,~,
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~8 (lAST MAAKET Sr., YOflK, PA 17401 ~
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PLEASE TYPE ONLVLINE$j T812
DO NOT DETACH ANY OOPIES.
2 COUflT NUMBER
Ill) ) I, t', ,.- I )
SHERIFF SERVICE
PROCESS RECEIPT, end AFFIDAVIT OF RETURN
niAiNlifititiii
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~ n 'Allrttll'fll\ (lImEn C>nfll'll Wf'ffTfibxNuMliliFi:APfNb-,'ciTY:'\lOOo;t'iiF':s'fA'ftA/mZiji'e.ODE---'---,-
~;::r~ I'~~~)'~ "U Pr."~~~AI: ,. "~'P~#O~I~~~~e_ ~~ii~~~f~;R~~~~~~;;9d;~~~:~-~~~~:l~ ~:~:~:~I~I~~ ~jJ~1 :.:'"
,-, i .. ., ....._..._,_ COUNTY to exeoute thla Wrlland make return lhereof aooordlng
~_~~~~,_"_T_~I~__~~_ut~_Uunb._I~~ _~_~~~;~t th~.q~.._~~~~~~_~.!.~~.~.~alnU~. --"-;'._".'-~.':-----illrn[LCg.t~:~J:lliitfIT:-. . _._._____~_~_.__
8 IP'OIAI.INMTAUOTlON8 on OTH8R INfORMATION THAT WILL ASSIS,. IN EXPEOITlNO SEfIVIOE:
'. I iqd ' i I
.----.-.--,--- "..-TYiiE'O.F WRIT OR COMPLAINT
1."_:)-"1_11'_ "'> _,__ _" " _, _ ',__ i\!"i '(' lilil (' dl1p liLIl\
-~ --NAMII '(W INtlIVIlIli^t', CO.,fPANY. 6bnf-it)fiAfltfN,~li>ib SE.AV(Clfi-o'E$OAlfITlON Or"fi'FfOPEATY TO BE lEVIED, ATIACHEO-:-ciR SOtD,
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HOll ONLV A....UOA.Ul ON~W.A1T-op-execuTloN: N,B. WAIVER OP WATCHMAN. Any dopt~y sheriff lovylng upon or a"achlng any property ~Inder within Wfil may leave -
...m. wilholll ,. WAIL'fml4lll, HlqlJllod~ of whomever Is found in possession, aflflr notifying parson ollovy or altactmlenl, wllhcutllabllily onlhe part of such de. or Ihe lhert" to any
{Mlnli" 11I1I'in 1m IIlV loll, tMlIlrUCl!on, or romoval of any properly before sholiff's sale lhereot.
nV~,~~~~-AiI~~ADDiI~~}:'A~~~N~;IO~IOII~~~~.R and SIONATUHE . ~o. TELEPHONE NUMBER fl. OATE .
,'11 (-LitH 'I. "t!,~'Li itllf_;;;(l\l:'_JI }\f\ i/i(l( /1/<-)'.IJ.ilUl;U 'l/l.L/t,l;,!
""'--,---"--,~._.~._'.",' ,~-,,~.~',--"--,",,', -',"-,---_& . . . .----.:... .
It, ..HO NOTlOI or ..RVIOI COPY TO NAMe ANO ADDRESS BELOW: (Thla araa muat be completed II nollea 10 to be m.llad),
('ll;l~/\f 1.\111 C"il'ld,i ~.h-':!. itr, I t\A!rUI:il!:::'c' ;',};l'Il,H i-')1'1i'l, 1\\ I'IU: ~
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==:"77:"iT7"~_LOWfQA UBI! OP THEIHE8IfJl.oNI.Y. QQJ!OT WR E BEL W'THIS LINE 'W~H~ j
t31.,*~f6il"I/>I.flhowrFI' _ATllIIljjj:~.. 1~ ~It,~ ',' T~:el\fOlI.tlilll'--'-~ '1
OfOOfllp'alflIIU,lndlCl\!odahovu 'I r I I; :1/ I I [}Ij \
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tn_l h.,Ohy CftATl'Y itlld RetURN null' U hiNt porsonally sorved, U ha....e pOSlod properly, U have legal ovidonce of sorvlce as shown In
'nflllll,k,", U h....... DJ(;;r.ulctd nu In 'nonl/ukll', tho wrll or complaint deSCflbed on tho Individual, company, cor.
f'OIalkm, Itlfl, nlltlo addlflll" IfllfH1ed tmlow hy handing fl TRUE! and ATTESTED COP'Y Ihereol.
",~.--".~--, "---,'-~-..-----~'.." ---..------..-----.--..-.---------.--
11_ W_l hltldhy t:IHUly And "IurrI_ft_ HOTrC?~_NOboClHISI) 'I flfT1Unablo to loclteltla Indivldll1ll, col'npany. oorporalton, ole, named above. (See remalks below.)
tt' HAioifANII TilL! O'-INOIVIDlfAl tir.~vIiDTI.IST ADO~E8S HERE '" NOT SHOWN ABOVE (Rotello.'hip to Deland,nl) 19.0... 01 S.rv.... 20. Tlma olServ\ca
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Dep. Shflriff
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38 SlgnnlufO of Forolgn
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(I! AIITlIOIIIZEn ISSUINOAUTHORITY AND TITLE
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WHIff 1~l411lno A.llltl0rilV 2_ PINK Allollloy 3 CANARY.
._.__n--~'[-43. DalO Received
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