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HomeMy WebLinkAbout99-05432 No. 99 .sy3? CIVIl Term 7 n4Z f' Ied VS. L " s ?A,.A Qru ,e-s- Court of common Pleas Cumb. Co. t l I rhn n r°\ A:nddu ; Tia -----''----- -. --------------- - ----` ?nouoyx. d ` - r+y;T,Yavl j--?p-I---- -- ------------------- annt`'Ji -- -' ?o +eu -------- ___ Si V: -t:: -A?L. C: ? 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L = ri s ' i i s Z , .. v. . a • .t r ' 2) z ` rod c Fn •rl' ? '. N 0 C 0 r. -W N. C ^ LU C v LU 77 ! i v G ?+ W }" Ia U ' ^ < ,n ins C y, + ; • N 41 ru (D C.. G e ' Z ..' 1u N O 1 ?' j Vf Gr ... G = I .. I tyiwt>n i? s.?N3d q 66, Wn is ?? g , A. h,; djlh34S Jnl dU 3,71?j30 s T x c r NV= OF POSSESSION Ejectment Proceedings PRC P 3160 - 3165 etc) Martin E. Gross, Jane A. Gross, IN THE COURT OF CO\INION PLEAS OF Gexrbad•-M:--eohcn--ert&-Nancy--------- CL-.%IBERLA.N-D COt-\'TY, PEWScZ.VAXIA Bruno Cohen, a Partnership . ------- --99-5432 Civil Tem 19._____ No----'---' '---------------------° No. -__.- Term I9------ M. Cons K-S Kitchens, Inc. ------------------------------- .` 915 Mill Road f Mechanicsburg PA 17055 --'---------- ----------------------------- At. v, ------------- PPff 's: ----------- Prorhy..._..- „38.50 ?------------ 5--1_ CO1vI.%fONNvEALTH OF PENNSYLVA.'gLk: COUNTY OF CUJIBERIA-ND: To the Sheriff of ------- COMBEEL9ND------- County, Penna. !j To sadsiv the judgment for possession in &.e above marter You are directed :o deliver possession of the following described property m: Martin E. Gross, Jane A. Gross, Gerlad M. Cohen and Nancy Bruno Cohen, a ----------------------- Partnership, 542 Industrial Road, Lewisberry PA 17339 -'------------------'-- ------------ - ---- ----°----- ----- ------------ ---- Plaintiff s) being : ;P.emises as follows) : 915 Mill Road, Hampden Twp. , Mechanicsburg 17055 6005 Carlisle Pike, Hampden Twp. PA -2; To sat siy the vests agai.-:st the defendanr (s; you are directed to :evv upon any property of the dde dant s; and ,eil is her or uheir; interest therein- Date Sept ember 3, 1999 .-'------._'---------------------' SEAL CURTIS R. LONG ----------------------- Prothocom.-Y, Comr. Cour ,. Peaaa. i Cour. of t v` N tQ `dip w 1-4 O i'G N C m z W L W ,y e W z z z C yU a w y H z F a W S u a < ow W W Z Q y B o C7 && ? ? Qo N m ci c°i '5 Wvn a W TZ W w N z d > z M ?+ ? y z 0o I os.u ?• aC iu a ° o 0 " Z z ` 8 U m z z a q a ? ? U a ¢ W ? N F r7 i 7 ?^ Wx Ca a A x r -I F f F z9 O v i , " U U z WO C7 V BUTLER LAW FIRM ATTORNFYS AT LAW ' -. A 4 MARTIN E. GROSS, JANE A. GROSS, IN THE COURT OF COMMON PLEAS OF GERALD M. COHEN and NANCY CUMBERLAND COUNTY, PENNSYLVANIA BRUNO COHEN, a Partnership, Plaintiff V. : CIVIL ACTION - LAW K-S KITCHENS, INC., Defendant NO. ql? -- Sy32? /? , Q CONFESSION OF JUDGMENT IN E.JEC1MFN'r Pursuant to the authority contained in the warrant of attorney, a true copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confessjudgment in ejectment in favor of the Plaintiff and against the Defendant for possession of the real property described in the lease agreement which is marked Exhibit "A" attached to the Complaint filed in this action. BUTLER LAW FIRM Ronald D. Butler, Esquire Attorneys for Plaintiff I.D. #09826 500 North Third Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 JUDGMENT ENTERED AS ABOVE: Y MARTIN E. GROSS, JANE A. GROSS, IN THE COURT OF COMMON PLEAS OF GERALD M. COHEN and NANCY CUMBERLAND COUNTY, PENNSYLVANIA BRUNO COHEN, a Partnership, Plaintiff V. : CIVIL ACTION -- LAW K-S KITCHENS, INC., Defendant NO. Pursuant to the authority in the warrant of attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against the Defendant as follows: Rent $65,000.00 Late charges 750,00 Total $65,750.00 BUTLER LAW FIRM By: A&zd9(7 Ronal D. Butler, Esquire Attorneys for Plaintiff I.D.#09826 500 North Third Street, 12°i Floor P.O. Box 1004 Harrisburg, PA 17108 (717)236-1485 MARTIN E. GROSS, JANE A. GROSS, IN THE COURT OF COMMON PLEAS OF GERALD M. COHEN and NANCY CUMBERLAND COUNTY, PENNSYLVANIA BRUNO COHEN, a Partnership, Plaintiff V. : CIVIL ACTION - LAW K-S KITCHENS, INC., Defendant NO. COMPLAINT IN CONFESSION OF JUDGMENT IN EJECTMENT AND IN A MPSIT AND NOW, comes the Plaintiff Martin E. Gross, Jane A. Gross, Gerald M. Cohen and Nancy Bruno Cohen, a Partnership, by its attorneys, Butler Law Firm, and makes its Complaint as follows: Plaintiff, Martin E. Gross, Jane A. Gross, Gerald M. Cohen and Nancy Bruno Cohen, a .Partnership, is a partnership existing under the laws of the Commonwealth of Pennsylvania with offices at 542 Industrial Road, Lewisberry, York County, Pennsylvania 17339. 2. Defendant, K-S Kitchens, Inc., is a corporation existing under the laws of the Commonwealth of Pennsylvania with offices at 915 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 'Js ss 3. PlaintifTand Defendant entered into a written lease agreement dated February 28, 1997, whereby Plaintiff leased to the Defendant the premises situate at 915 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania, and the premises situate at 6005 Carlisle Pike, Hampden Township, Cumberland County, Pennsylvania. A copy of the original lease agreement duly executed by the Defendant is attached hereto as Exhibit "A" and made a part hereof. 4. The attached judgment has not been assigned. 5. Judgment in ejectment has not previously been entered on the attached instrument in any jurisdiction. 6. Judgment in assumpsit has not been previously entered on the attached instrument in any jurisdiction. 7. Default has been made by Defendant by virtue of Defendant's failure to pay rent and late charges for the months of July and August, 1999 in the amount of $10,750.00. As a result of said default, rent for the balance of the terns has become immediately due and payable under Paragraph 1 I of the lease agreement. As a result, rent for the period September, 1999 through July, 2000 in the amount of $55,000.00 is now due and payable. 8. The entire sum is in default and is immediately due and payable. 9. By virtue of the foregoing default, Plaintiff is entitled to possession of the premises described, i= alia, in the lease agreement which is marked Exhibit "A" attached hereto and made a part hereof. WHEREFORE, Plaintiff demandsjudgment in ejectment for possession of the above described premises as authorized by the warrant of attorney appearing in the lease agreement, together with judgment in assumpsit for the unpaid rent and late charges in the total amount of $65,750.00, plus costs of suit. Respectfully submitted, BUTLER LAW FIRM By. Ronald D. Butler, Esquire Attorneys for Plaintiff I.D. #09826 500 North Third Street, 12'h Floor P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 VERIFI .ATION 1, GERALD M. COHEN, Partner of the Martin E. Gross, Jane A. Gross, Gerald M. Cohen and Nancy Bruno Cohen Partnership, hereby certify that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Gerald M. ohen Dated: C COMMERCIAL LEASE THIS AGREEMENT OF LEASE made this ? P day of February, 1997, by and between MARTIN E. GROSS, JANE A. GROSS, GERALD M. COHEN and NANCY BRUNO COHEN, a Partnership (hereinafter referred to as "Lessor") and K-S KITCHENS, INC., a Pennsylvania corporation (hereinafter referred to as "Lessee'). WITNESSETH: that the Lessor, in consideration of the rents and covenants hereinafter mentioned, does demise and lease unto the Lessee the premises at 915 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania, consisting of two warehouses, an old mill and approximately one (1) acre of adjoining ground, excluding, however, the officers' office, the phone room office and telemarketing room and reasonable shared use of the warehouse space, which will not exceed 1,000 square feet, and further, Lessor does demise and lease unto the Lessee the building at 6005 Carlisle Pike, Hampden Township, Cumberland county, Pennsylvania, consisting of a 3,485 square foot office and showroom and adjacent parking area and grounds, excluding, however, the center portion of the showroom in both areas, more fully described on the drawing attached hereto as Exhibit "A", and made a part hereof. SUBJECT, HOWEVER, to the encumbrances and all zoning ordinances and resolutions affecting the premises now or hereafter in force; to any state of facts which an accurate survey would show; and to restrictive covenants and party-wall agreements of record. TO HAVE AND TO HOLD the demised premises for a period of forty-two (42) months commencing on the 1st day of February, 1997, and expiring at midnight on the 31st day of July, 2000. The Lessee shall have an exclusive first option to renew this lease for an additional forty-two (42) months at an acceptable rate subject to negotiation between Lessor and Lessee. It is further agreed that at the conclusion of the initial forty-two (42) month term the Lessee shall have the option to lease or purchase any or all of the buildings under lease, said purchaser, if selected, to be upon a fair market value based upon an independent real estate appraisal by an individual selected with the consent of the Lessor and Lessee. 1. Lessee covenants and agrees to pay the Lessors as rent for the demised premises the sum of Five Thousand ($5,000.00) Dollars per month payable on the 1st day of every month commencing February 1, 1997. Rent shall be payable at the office of the Lessor as set forth above or at such other place as the Lessor shall from time to time designate to the Lessee. If rent is paid on or after the 30th day following the due date, then a late charge of five (SU percent shall be assessed. If rent is paid on or after the 60th day following the due date, then a late charge of an additional five (5$) percent shall be assessed. 2. Lessee shall make a deposit of $ none as security for the full and faithful performance by the Lessee of all of the terms, covenants and conditions of this Lease upon Lessee's part to be performed, which said sum shall be returned to Lessee at the time fixed as the expiration of the term herein provided, provided that the Lessee have fully and faithfully carried out all of the said terms, covenants and conditions on the Lessee's part to be performed. -2- I 3. The Lessor is responsible for roof maintenance only. The Lessee is responsible for all installations, alterations, improvements, interior remodeling, and all other maintenance and repairs. 4. No waste shall be committed. 5. The Lessee shall pay as additional rent all real estate taxes, assessments, water rates, and water charges, and other governmental levies and charges, general and special, ordinary and extraordinary, unforeseen as well as foreseen, of any kind which are assessed or imposed on the leased property, or any part therefore, or become payable during the term of this lease. Anything above to the contrary notwithstanding, Lessor, not Lessee, shall pay all sewer assessments and fees imposed on the leased property. including all benefit conferred assessments, tap-on fees, or similar fees required by the municipality. The Lessee shall furnish to the Lessor for its inspection within thirty (30) days after the date any amount is payable by the Lessee as provided in this paragraph, official receipts of the appropriate taxing authority or other proof satisfactory to the Lessor evidencing payment. Should the Lessee fail to pay any bills as aforesaid, the Lessor shall have the right to pay the same, and the amount paid therefore shall be charged to the Lessee as additional rent. The Lessee shall also pay as additional rent all insurance premiums for fire, casualty, and extended coverage liability and for all other coverages reasonably necessary for the demised premises. 6. The Lessee agrees to pay all bills which may be incurred for light, heat, power, telephone, disposal, sewage, trash removal or snow removal for the demised premises and also all bills for water rent which may accrue -3- for water used during the term of this lease. Lessor shall not be responsible in any way in the event the supply of heat is cut off by reason of any cause beyond the control of the Lessor and the Lessee hereby does release the Lessor from any damage which may result to it by result of failure of the supply of heat, which is beyond the control of the Lessor. Should the Lessee fail to pay any bills as aforesaid, the Lessor shall have the right to pay the same and the amount paid thereof shall be charged to the Lessee as additional rent. The Lessee agrees to keep the plate glass insured at its own risk. 7. The Lessee agrees to keep the premises in a good condition of repair. All refuse of any kind shall be removed from the premises at the cost of the Lessee at least once a week or more often, if need be. All snow shall be cleaned off from the sidewalks before it shall have frozen and become hardened. Should the Lessee fail to comply with the provisions of this clause of the lease, the Lessor may enter the premises and make said repairs or remove said refuse and do all other things as herein provided to be done by the Lessee at the expense of the Lessee, and said expense thus incurred may also be collected as additional rent under the lease. S. Said Lessee shall not carry on any unlawful or immoral business in or about the demised premises, and shall not carry on any business which will endanger the building from fire or cause a forfeiture of any fire insurance that the Lessor have or may hereafter have on said building. 9. All damages or injuries done to the said premises other than those caused by fire, flood or by the acts or omission of the Lessor shall be repaired by the Lessee herein. The Lessee covenants and agrees to make said -4- repairs upon five days' notice given to it by the Lessor, and if it shall neglect to make said repairs or commence to make the same promptly or within ten (10) days after said notice is given it, the Lessor shall have the right to make the said repairs at the expense and cost of the Lessee, and the amount thereof may be collected as additional rent accruing for the month following the date of the said repairs, and if the said expense is made at the expiration of the term, then the cost so made may be collected by the Lessor as an additional rent for the use of the premises during the entire term. 10. Lessee is responsible for replacing lights and plate glass windows with replacements of like kind and quality. 11. If the Lessee should remove or prepare to remove, or attempt to remove from the premises hereby leased before the expiration of the term or at any time during the continuance of this lease, or if the Lessee shall be in default in the payment of any installment of rent for the period of thirty (30) days, or should there be a default in any of the covenants or conditions as herein contained, or if Lessee should be delinquent for a period of ninety (90) days in making any payment required under Paragraphs 3, 4 or 5 of an Agreement dated February -2? , 1997 between K-S Remodelers, Inc., Gerald M. Cohen, Martin E. Gross and Lessee (whether or not Lessee is in default under this Lease Agreement), then and in that event, rent for the balance of the term at the rate which it is then due and collectible under the terms of this lease shall immediately become due and payable and shall be collectible by distraint or otherwise. -5- 12. In the event of the filing of a petition in bankruptcy, whether voluntary or involuntary, by or against the Lessee herein, there shall become due immediately upon the filing of said petition, rent for the balance of the term, at the rate that the rent is then payable under this agreement of lease, and the Lessor shall have the further right in said event, to forfeit and terminate this lease. The said forfeiture shall be effected by giving notice in writing to the Lessee herein or to the person then in charge of the demised premises. should an execution issue against the Lessee out of any court, the balance of rent for the term shall thereupon become due and owing. 13. At the end of the said term, or if the Lessee should remove or prepare to remove, or attempt to remove from the premises hereby leased before the expiration of the term or at any time during the continuance of this lease, or if the Lessee shall be in default in the payment of any installment of rent for the period of thirty (30) days, or should there be a default in any of the covenants or conditions as herein contained, or if Lessee should be delinquent for a period of ninety (90) days in making any payment required under Paragraph 3, 9 or 5 of an Agreement dated February , 1997 between K-S Removelers, Inc., Gerald M. Cohen, Martin E. Gross and Lessee (whether or not Lessee is in default under this Lease Agreement), it is agreed that an amicable action of ejectment may be entered in the Court of Common Pleas of Cumberland County, in which the Lessor, its successors and assigns, shall be plaintiff, and the Lessee, and all who come into possession during the term or continuance of this lease or under the Lessee, shall be defendants, that judgment may be entered thereupon in favor of the plaintiff, without leave of court, for the premises above described to have the same force and effect as -6- if a summons in ejectment had been regularly issued, legally served and returned and that writs of habere facias possessionem with clause of fi. fa. for all costs, may be issued forthwith, waiving all errors and defects whatsoever in entering said judgment, also waiving right of appeal, writ of error or stay upon any writs of habere facias possessionem which may issue upon the same. Anything above to the contrary notwithstanding, in the event that an amicable action of ejectment is entered because Lessee is delinquent for a period of ninety (90) days in making any payment required under Paragraphs 3, 4 or 5 of an Agreement dated February _?, 1997 between K-S Remodelers, Inc., Gerald M. Cohen, Martin E. Gross and Lessee, then in that event, it is agreed that Lessee shall have an additional sixty (60) days within which to vacate the leased premises. 14. The Lessee shall comply with all the orders, rules, regulations and requirements of every kind and nature relating to the use of the demised premises, now or hereafter in effect, of the federal, state, municipal or other governmental authority having power to enact, adopt, impose or require the same, whether they be usual or unusual, ordinary or extraordinary, and the Leuree shall pay all costs and expenses incidental to such compliances and shall indemnify, defend and save harmless the Lessors from all expenses and damages by reason of any notices, orders, violations or penalties filed against or imposed upon the premises or against the Lessors thereof because of the failure of the Lessee to comply with this covenant. 15. The Lessee shall indemnify, defend and save harmless the Lessor from and against any liability, penalties, damages, expenses and judgments by reauon of any injury or claim or injury to person or property of any nature -7- and howsoever caused ariuing out of the uue, occupation dud control of the demised premiseu or the driveway or parkiny .u,-a n .ii„1111ti adjacent thereto by the Lessee at any time during the demicud telm. 16. Tile Lessee shall during the demised term at itu own expense keep in force such insurance policies as will fully protect the Lessee against claims for personal injury or property damage occurring in or about the demised premises including the parking area, with such insurance to afford protection with limits of not less than One Million ($1,000,000.00) Dollars with respect to injury or death to person and with limits of not less than Five Hundred Thousand ($500,000.00) Dollars for damage to property. 17. In the event that the premises occupied by the Lessee shall during the said term be destroyed by fire thereby making the premises untenantable and not fit for occupancy, the Lessor and the Lessee shall both have the right to cancel and terminate this Lease upon giving fifteen (15) days notice in writing to the other party herein and the term of this Lease shall thereupon cease at the expiration of fifteen (15) days after said notice. In the event, however, that the premises shall be damaged by fire but not destroyed, the Lessor will thereupon cause the same to be repaired and restored to its former condition, they to act with the greatest possible diligence, and Lessee's obligation to pay rent shall abate during the period that the demised premises are not tenantable. Lessee hereby agrees that in the event the premises shall be so partially destroyed by fire as to render said repairs necessary, the said Lessor shall thereupon have the right for their servants and agents and any contractor employed by the Lessor to take possession of the premises for the purpose of making such repairs, and the so -a- taking of possession shall not be an eviction of the Lessee herein and shall in no manner affect this term of lease. 18. It is agreed and understood that the Lessor, its successors and assigns, may enter the premises hereby leased at any time during the term, either in the presence or absence of the said Lessee for the purpose of ascertaining whether the said premises are kept in good order and repair during business hours. 19. Neither the whole or any portion of the premises shall be sublet without the written consent of the Lessor nor shall this lease or any interest therein be assigned. 20. The Lessor shall be permitted to lease the excluded and shared space to Martin E. Gross and/or Bath Saver, Inc. However, the excluded and shared space shall not be further leased or subleased without first being offered to lessee an the same terms and conditions. 21. It is expressly understood by the parties that the whole agreement is embodied in this agreement and that no part or item is omitted. 22. The Lessee does also hereby waive any and all demand for payment of the rent herein provided for, either on the day or on any other day, either on the land itself or in any other place, and agrees that such demand shall not be a condition of re-entry or of recovery of possession without legal process or by means of any action or proceedings whatsoever. -9- IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: Se etary (SEAL) Martin E. Gross, Partner (9- 9 L? ai )1 ) (SEAL) Jan A. Gross, Partner n 4U, , (SEAL) Gerald M. Cohen Partner AR/eAl a , 6?/Vwt (SEAL) ancy )Oiuno Cohen, Partner K-S KITCHENS, INC. President -10- T --N I-R { 3t .: 1 b 1.? 33 " i q „? ?S x! O ` M.l?..?? ^ s I JJ Y ? ? ? R {1J i {1J G I I I? r.$ rsn -. ^J 1 ti ? I I I Y ? I b y i T I ? F Qx / 1 _J ' MARTIN E. CROSS, JANE A. GROSS, GERALD M. COHEN and NANCY BRUNO COHEN, a Partnership, Plaintiff V5. K-S KITCHENS, INC., Defendant IN THE COURT OF : CUMBERLAND COUNTY, NO. C? CIVIL ACTION - COMMON PLEAS PENNSYLVANIA LAW To K-S Kitchens, Inc. , Defendant(s) You are iereby notified that on ivfM& pJectment 11 1999, judgment by conf ssion was entered against you 7t=X3( 1E7LV( for premises at 15 Mill Road, Hampden Township, Cumberland County, PA, and 6005 Carlisle P e, Hampden Township, Cumberland County, PA. DATE:_ 9 -3-0 "- Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 OR (800) 990-9108 I hereby certify that the following is the address of the defendant(s) stated in the certi- ficate of residence: 915 Mill Road Mechanicsburg, PA 17055 Atto ney for 'Plaintiff (s) K-S Kitchens, Inc. , Demandado(s) DCBA-300-Rule 11.5(x)-4/3/81-M-4/24/81-M Por este medio sea avisado que en el dia de de 1999, un fallo por admision in ejectment fue regisLrado contra usted por la cantidad de remise at 915 m gg mV a , a en Twp., Cumberland Co., PA, and 6005rCarlisleaPike, Fecndan T`'wr laberland CSe, PA de 19 99 Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 OR (800) 990-9108 Por este medio certifico gue to siguiente es la direccion del demandado dicho en el certificado de residencia: 915 Mill Road MARTIN E. GROSS, JANE A. GROSS, GERALD M. COHEN and NANCY BRUNO COHEN, a Partnership, IN THE COURT OF COMMON PLEAS Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. K-S KITCHENS, INC., CIVIL ACTION - LAW Defendant To K-S Kitchens, Inc. , Defendant(s) // You are ereby notified that on _ Q herl4ko-r- 1999, judgment by con a sion was entered against you in the sum of $ 65,750.00 in the above-captioned case. DATE: - {? Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT V ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 OR (800) 990-9108 I hereby certify that the following is the address of the defendant(s) stated in the certi- ficate of residence: 915 Mill Road Mechanicsburg, PA 17055 Att rney or Plaintiff(s) A K-S Kitchens, Inc. Demandado(s) DCBA-300-Rule 11.5(a)-4/3/81-M-4/24;81-4 Por este medio sea avisado que en el dia de de 1999, un fallo por admision fue registrado contra usted por la cantidad de $ 65,750.00 del caso antes escrito. Fecha: el dia de de 1999 Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 OR (800) 990-9108 Por este medio certifico gue to siguiente es la direccion del demandado dicho en el certificado de residencia: 915 Mill Road Mechanicsburg, PA 1 o(a) ae Demandante(s 4 1 MARTIN E. GROSS,.IANE A. GROSS, GERALD M. COHEN and NANCY BRUNO COHEN, a Partnership, Plaintiff V. IN TI IF CO( IRT OF COMMON PLEAS OF CUMBERLAND C'OUNT'Y, PENNSYLVANIA CIVILAC'HON LAW K-S KITC'1IENS, INC., Defendant NO. 9 `-rv4 PRAECIPE FOR WRIT F POSSFSSI )N TO THE PROTHONOTARY OF DAIIPIiIN COUNTY: Issue Writ of Possession in the above captioned case, as to the real estate described below. To satisfy the costs against the Defendant, direct Sheriff to levy upon the interest of the Defendant in the following described property and to sell the same. Personal property as follows: furniture and fixtures, machinery and equipment Real estate as per the following description: 915 Mill Road, Hampden Township, Cumberland County, Pennsylvania 17055 and 6005 Carlisle Pike, Hampden Township, Cumberland County, Pennsylvania 17055. Dated: 9 b 19 9 BUTLER LAW FIRM By ___1 i Ronald D. Butler, Esquire Attorneys for Plaintiff I.D. #09826 500 North Third Street, 12ih Floor P.O. Box 1004 Harrisburg, PA 17108 (717) 216-1.185 a? r$ l?q i` x ky ' -x yg;? s c?Y ?`iT4. I \ , A dl I. G. 1 c SNP.-07{991TUE1 08:45 BUTLER LAW FIRM TEL: 711 236 7777 BUTLER LAW FIRM ATTORNEYS AT LAW RONALD 0- BUTLER 500 NORTI, TNIMO NTR9ET JANA O. aVTLER TMYLTTN IWOM BENJAMIN J. aUTLra HARRISBURG, PENNSYLVANIA 17101 MAI UNO AOORESS: MRT orneE Rot ,DON HARRISBURG, PENNSYLVANIA 1710e 1004 TELEFAI C q= SHEET Date P. 001 M71739.14Ba PAX IT717ae•7777 A•aee:lRRry,rSabNmL?aTmerm To Office F 0 Pax Number Q - (p -S--73 From Total number of pages, including this page: MESSAGE: f`"I Tr.4 c-*Eb 1t-F. .7, (-- CGLAL_ INE-SCR-4 ohs p?oo •sc.E. ?' Kam, ? -,s? 3d, -L?r- 1'? o S Lss; ?N Du?r?2i r<} 1 ?, a1. ( W SB Y, Apr (?33 ? CONFIDENTIAL NOTICE This communication is intended for the sole use of the individual to whom it in addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of thin communication is not the intended recipient or the employee or agent for delivering the communication to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication may be strictly prohibited. If you have received this communication in error, please notify the sender immediately by telephone call and return the communication to the address above via the United States Postal Service. Thank you. ,_ SEP.-07'991TUE1 08:46 BUTLER LAW FIRM TEL:117 136 1111 P.004 915 MILL ROAD EXHIBIT -A- A" THOSE CERTAIN lots or tracts of land Situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described an follows, to wit; TRACT No. 1; BEGINNING at a point on the center line of a private road at other lands now or formerly of Arthur L. Shaffer a B. Joyce shaffer, his wife; thence south 69 degrees 41 minutes West for a distance of 92 feet, more or less, to a low water mark on the Coaodoguinet creaky thence in a northerly direction by various courses and distances of the low water mark of the Canodoguinet croak for a distance of 338 feet, more or leas, to a point; thence South 37 degrees 17 minutes East by lands now or formerly of Arthur L. Shaffer a E. Joyce Shaffer, his wife, and known as the Playground Area for a distance of 205 feat, more or leas, to a point in the center line of said private roads thence by the said center line of said private road South 50 degrees 5 minutes 30 saccade East for a distance of 44 feet to a pointy thence by same 133.1 feet to a pointy thence by name South 17 degrees 50 minutes East for a distance of 288.57 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a mill building. The said premisen are conveyed together with the right to use the said private road being 40 feet in width throughout at all times hereafter for the purpose of ingress, agrees and regress in common with the said Arthur L. Shaffer a H. Joyce Shaffer, hie wife, their heirs and assigns, and with all other persons now entitled to the like liberty and to all other persons to whom the said Arthur L. Shaffer A H. Joyce Shaffer, his wife, may hereafter convey the like liberty; it is understood and agreed that the Grantees, their heirs and assigns, shall pay their pro-rata share accordingly on a front footage basis with all other persons using the said road for reasonable maintenance of the said road until such time as it becomes maintained by a public authority. TRACT N0. 21 BEGINNING at an iron pin on the southern line of Township Road T-621; thence North 69 degrees 41 minutes East 219 feet through the center of a concrete head wall to an iron pin; thence by same South 64 degrees 15 minutes East 51.45 feet to a nail on the center line of L.R. 21016; thence South 21 degrees 24 minutes East by the center line of L.R. 21016 85 feet to a bolt; thence south 74 degrees West 260.89 feet to a point; thence North 18 degrees 10 minutes West 102.47 feet to the point and place of BEGINNING. The above described premises are conveyed under and subject to easements and restrictions pertaining to the said promisee and to the overhead power lines as shown on the plan and to the 25 foot setback lines tberson. The above described promisee are conveyed under and subject to an easement of 12 feet in width throughout extending from the northern property line to the southern property line and being within the eastern 30 feet of said lot and the center line of which is the center line of an existing dirt road, which easement is to be used in common with the Grantors, their heirs and assigns, the Grantees, their hairs and assigns, and all other owners on said Plan. BEING the same promises which John E. Eckatine, Jr., by his dead dated September 26, 1985 and recorded in the office of the Recorder of Deeds of Cumberland county, Pennsylvania in Deed Book "M", volume 31, Page 824, granted and conveyed unto Martin E. Gross, Jane A. Grose, Gerald M. Cohen and Nancy Bruno Cohen, a Partnership, mortgagor herein. SEP. 17' 99 (TM 08 45 BUTLER LAW FIRM TEL,717 236 iili P. 001 . 6005 CARLISLE RI703 . ?I? glr??Au ALL THOSE CERTAIN pieces, parcels or tracts of land situate in Cumberland County, Pennsylvania, being more particularly bounded andadescribedp, ae follows, Cc wit, TRACT #1, ' BEGINNING 'at a point on the northerly line viinia Ro of the right-of-way it of Pennsyl- eon 20 1, alto known-as the Carlisle Pike, as said right February 1959, and -of-way liar exisst ted on 20 the easterly line of Donald Street; thanes along Donald Street, North 23 degrees 08 minutes Fast, a distance of 85 feet feet a to a point; thence South 62 degrees 04 minutes East, a distance of 125.44 South 23 . degree' thence, along property NSF of Petroleum Facilities, Inc., es 08 minutia West, a distance of 85 , feet to the northern right- of-vay line of Pennsylvania Routs 119 also known as the Carlisle Pike as said rightof-way line existed on 20 February 1959; thence continuing along the right-cf-wsy line of said Pennsylvania Route 11. also known as Carlisle Pike, an it existed on 20 February 1959, North 62 degrees 04 minutes West, a distance of 125.44 feet to the eastern line of Donald Street, the point or place of BEGINNING. BEING-SUBJECT, however, to the rights of easement for slope area required by the Commonwealth of Pennsylvania, Department of Highways, in a certain deed of easement, dated May 8, 1967 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Miscellaneous Book 177 at Page 974. HAVING thereon erected a one-story brick and frme building known and numbered as 6005 Carlisle Pike, Camp Hill, Pennsylvania. TRACT #2; BEGINNING at a point on the easterly line of Donald Street; said point being North 23 degrees 08 minutes East a distance of 85 feet measured along the easterly line, of said Donald Street from a northern right-of-way line of Pennsyl- vania Route 11, also known as the Carlisle Pike, as that said right-of-way line existed on 20 February 1959; thence along the easterly line of Donald Street, North 23 degrees 08 minutes East a distance of 65 feet more or loge, to the corner of Lot No. 34 as shove on the Plan of Lots of William H. Nelson, Richard W. Weibley and Edward M. Weibley, as recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 8, at Page 41; thence along said Lot No. 34, South 62 degrees 04 minutes East, a distance of 125.44 feet to a stake on the line of Lot No. 19 on the aforesaid Plan; thence South 23 degrees 08 minutes West, a distance of 65 feet, more or leas, to a point; thence North 62 degrees 04 minutes West, a distance of 125.44 feet to a point on the easterly line of said Donald Street, the place or plate of BEGINNING. BEING the same premises which Betty J. Hoffineyer, single woman, by her deed of even date and intended to be recorded simultaneously herewith, granted and conveyed unto Martin E. Grose, Jane A. Grose, Gerald M. Cohen and Nancy Bruno Cohen, a Partnership, Mortgagors herein.