HomeMy WebLinkAbout99-06963
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No. 3 Civil Term
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CARLOS R. LEFFLER, INC.,
Plaintiff
V.
STANLEY M. DEIMLER,
Defendant
CUMBERLAND COUNTY, PENNSYLVANIA
IN TI-IE COURT OF COMMON PLEAS
N0. /, - 109,,3 ea
CIVIL ACTION - LAW
PRAECIPE FOR CONFESSION OFJUDCAIENT
Kindly enter judgment in favor of Plaintiff, Carlos R. Leffler, Inc., and against the
Defendant, Stanley M. Dcintler, in the sum of Nine Thousand Two Hundred Forty ($9,240.00)
Dollars, plus post judgment interest upon the Complaint for Confession of Judgment and
Confession of Judgment filed herewith. Additionally, kindly index said judgment against
Defendant, Stanley M. Deimler in the judgment index.
BUCHANANINGERSOLL
PROFESSIONAL CORPORATION
By:
MG tthew C. Brotvndorf, Esquire
I.D. #81915
One South Market Square
213 Market Street
3`d Floor
Harrisburg, PA 17101
(717)237-4800
DATE: November 15, 1999
CARLOS R. LEFFLER, INC.,
Plaintiff
V.
STANLEY M. DEIMLER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a copy of
which is attached to the Complaint filed in this action, I appear for the Defendant and confess
judgment in favor the Plaintiff and against Defendant as follows:
Principal $8,000.00
Other authorized items - late fee (5%) 400.00
Interest 0.00
Attorney's fees 840.00
Total S9,240.00
?A omey for Defendant
CARLOS R. LEFFLER, INC.,
Plaintiff
V.
STANLEY M. DEIMLER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
COMPLAINT FOR CONFESSION OF JUDGMENT
Now comes Plaintiff, Carlos R. Leffler, Inc., by and through its attorneys Buchanan
Ingersoll Professional Corporation, and files the within Complaint for Confession of Judgment
pursuant to Pa.R.C.P. 2951(b) as follows:
Plaintiff, Carlos R. Leffler, Inc. ("Leffler'), is a Pennsylvania corporation with its
principal place of business at Main and Linden Streets, P.O. Box 278, Richland, PA 17087-
0278.
2. Defendant, Stanley M. Deimler ("Dcimlcr'), is an adult individual and citizen of
the Commonwealth of Pennsylvania, trading and doing business as "Camp Hill Texaco", whose
last known address is 1147 Lambs Gap Road, Mechanicsburg, PA 17055.
3. On October I, 1998, Leffler and Dcimlcr entered into a sublease agreement
("Lease Agreement"), wherein Leffler agreed to lease to Dcimlcr the premises located at 25
South 32nd Street, Camp Hill, Cumberland County, Pennsylvania ("Leased Premises"), from
October 1, 1998 through September 30, 1999. A true and correct reproduction of the Lease
Agreement is attached hereto as Exhibit "A."
4. In exchange for the lease of the Leased Premises, Deimler agreed to pay to Leffler
the sum of $2,000.00 per month due and payable on the first day of each month, in advance,
commencing on the commencement date.
5. In the event that Deimler should fail to pay any rent within ten clays of the date
when the same shall become due, Deimlcr agreed to pay Leffler a late charge of 5% of the
amount of any past due payment in addition to the paytrtcnt then due.
6. The failure of Deimler to pay within ten days after the date thereof any sum
required to be paid by Deimler to Leffler constituted an event of default under the Lease
Agreement.
Deimler further agreed that if the rent shall remain unpaid for ten days after the
same is required to be paid, Leffler may cause judgment to be entered against Deimler by
confession of judgment including interest and costs, together with an attorney's commission of
10% of the full amount of Leffler's claim against Deimler.
8. Deimlcr did not pay rent in the amount of S2,000.00 per month for the months of
May, June, July, and August, 1999.
9. When Leffler made a demand upon Deimler for the rent in arrears, totaling
$8,000.00, Deimlcr vacated the Leased Premises.
10. Leffler subsequently made a further demand on Deimler for the 58,000.00 past
due and owing and has, to date, not received any response.
11. Thisjudgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
12. Judgment has not been entered on the Lease Agreement in any other jurisdiction.
13. Accordingly, Deimler owes to Leffler $9,240.00 itemized as follows:
a. Principal amount - $8,000.00;
b. Late fee - $400.00 (5% of $8,000.00); and
c. Attorney's fees - 5840.00 (10% of total claim);
2
WHEREFORE, Plaintiff Carlos R. Leffler, Inc., respectfully requests that this Court enter
judgment against the Defendant, Stanlcy M. Deimler, in the soot of Nine Thousand Two
Hundred Forty ($9,240.00) plus post judgment interest and costs from November 11, 1999, and
demand for such judgment is hereby made.
BUCHANANINGERSOLL
PROFESSIONAL CORPORATION
By:
M'a'tthew C. Browndorf, Esquire
I.D.#81915
One South Market Square
213 Market Street
3"1 Floor
Harrisburg, PA 17101
(717)237-4800
DATE: November 15, 1999
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Premises: 25 S. 32n0 street, camp Hill
Cumberland County, Pennsylvania
THIS SUBLEASE, is made as of the 1" day Of October, 1990, by
and between CARLOS R. LEFFLFR, INC., a Pennsylvania corporation
(hereinafter referred to as "Sublessor"), with a mailing address of
Main and Linden Streets, P.O. Box 278, Richland, Pennsylvania,
17ff067-02278, and STANLEY M. DEIMLFRI an N fii 6ntyldu41 Ina Q1C12on
bI 60 Commonwealth of Pennsylvania, trading and doing business as
'Camp Will Texaco", whose mailing address is 1147 Lambe Gap Road,
Mechanicsburg, Pennsylvania 17055, (hereinafter referred to as
"Sublessee").
W I T N E 8 S E T H:
WHEREAS, on April 16, 1996, Sublessor and Robert H. Balbach
("Lessor") entered into a Lease Agreement (the "Lease Agreement")
for the purpose of leaning certain premiaea, together with the
improvements located thereon, situate at 25 S. 32"d Street, Camp
Hill, Cumberland County, Pennsylvania (the "Damiced Premises"); and
WHEREAS, Sublessor and Sublessee have agreed to enter into a
Sublease Agreement for the leasing of the Demised Premises and now
seek to perpetuate in writing the present understandings and
agreements of the parties.
NOW, TZEREFORE, INTENDING TO BE LEGALLY BOUND HEREBY, the
Subleeeor and Sublessee hereby agree as follows:
ARTSCLR I. - DRMTSFn RRRMTeRe
1.1 Dem:xe_ _ d_ R•m - Subject to the terms, conditions,
provisions and covenants contained in the Lease Agreement referred
to above, sublessor hereby leases to Sublessee and Sublease& leases
from Sublessor all that certain tract of land, together with the
buildings, improvements, fixtures and equipment located thereon,
situate at 25 S. 324d Street, Camp Hill, Cumberland County,
Pennsylvania (the "Demised Premises").
1.2 Dee_nf n m+G a P iee . Sublessee shell have the right
to use and occupy the Demised Premises as a Texaco gasoline station
and for any other use permitted by law with the prior written
consent Of Lessor and Sublessor.
? ARTICf,R TI - TRRH
f
2.1 Term. The term of thia Sublease shall commence on
`• October 1, 1998 (the "Commencement Dates) and, unless sooner
terminated in accordance with the terms hereof or the terms of the
Lease Agreement referred to above, this sublease shall end without
the neceeaity for notice from either party to the other on
September 30, 1999. If the Commencement Data occurs on a day other
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than the finE day of a month, them the Rent for such month shall
be prorated according to the number of day. I- the month following
the Commencement Date.
3.1 Re.,r, Subleases shall pay to Sublessor a basic monthly
rent (the "Rent") of Two Thousand and 00/loo Dollars ($2,000.00),
which shall be due and payable on the fir0t; day of each month, in
advance, commencing on the Commencement Date. In the event that
the Commencement Date occurs on a day other than the first day of
the month, then the Rent for such month shall be prorated according
to the number of days in the month following the Commencement Date..
3.2 Late Chaxwa In the event that the Sublessee shall fail
shall be ome due, Subleases shall be obligated d to pay Subleasorma
late charge of five percent (5t) of the amount of any past due
payment in addition to the payment then due, which late charge
shall also he considered as Rent.
ARTILR IV. - ACSOHpTION AOA4CMO --- P Dp gUB C a
4.1 Ann .mm ion. Except as otherwise provided herein, the
Subleases shall comply with all of the terms, conditions,
provisions and covenants of the Lease Agreement which are to be
observed or performed during the Term hereof by the Sublessor an
Sublessee thereunder, except that:
(a) The payment of Rent shall be governed by the
provisions of Subsection 3.1 above;
(b) Sublessee shall have no right or obligation to
maintain, repair or remove the underground storage tanks,
multiple product dispensers or other related equipment at the
Demised premises; and
(c) Sublessee shall not be obligated to pay any real
estate taxes. with respect to the Demised promisee.
a.2. 1t1ornmwst, In the event of cancellation or termination
of the Lease Agreement prior to the expiration date thereof and
prior to the expiration date of this Sublease or any extensions and
renewals thereof, or in the event of a surrender thereof, whether
voluntary, involuntary or by operation of law, the Sublessee shall
make full and complete attornment to the Lessor for the balance of
the Term of this Sublease, including any extensions and renewals
thereof, upon the same covenants and conditions as are contained
herein, so as to establish direct privity of estate and contract
between the Lessor and the Sublessee and with the same force and
effect as though the Sublease wan originally made directly from the
Lessor to the Subleasee. The Sublessee shall make all Rent
payments thereafter directly to the Lessor.
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4.3 TAr'ma 7ncernera •?. eccept as net forth in Subsection
4.1 above and insofar an the provisions of the Lease Agreement do
not conflict with specific provisions herein contained, they and
each of them are incorporated into this Sublease as fully as if
completely rewritten herein, and the Subleaaee agrees to be bound
to the Sublessor by all of the terms of the Lease Agreement and to
assume toward Sublessor and perform all of the obligations and
responsibilities that sublessor by the Lease Agreement assumes
toward the Lessor, and the Sublessee shall indemnify and hold
harmless Sublessor from any claim or liability under the Lease
Agreement except for payment of rental by Sublessor to the Lessor
as provided in the Lease Agreement. The relationship between the
Subleases and Sublessor hereunder shall be the same as that between
the Sublessor and the Lessor under the Lease Agreement.
4.4 snhiassor's rndemnifiration. Sublessor shall pay to.
Lessor all Rent and other euma which are due and payable under the
terms and provisions of the Lease Agreement, excluding those Gums
which are due and payable by Sublessee under the terms of this
Sublease Agreement and which are not paid directly to sublessor or
Lessor. Sublessor hereby agrees to indemnify and save Sublessee
harmless from any and all liability, claims, damages or other
expenses which sublessee may incur as a result of Sublessor's
failure to pay the amounts referred to in this Subsection 4.4.
5.1 Covenants. Sublessee shall:
la) Pay the Rent without notice or demand on the days
and times and at the places that the same are payable and
without abatement, deduction or set-off;
(b) Except as set forth in Subsection 4.1 above, pay for
all costa of maintaining, operating and repairing the Demised
Premises. Sublessee shall also be responsible for the payment
of personal property taxes, gross sales taxes, water and sewer
charges and other impositions attributable to or levied upon
the Demised Premises, whether by virtue of any current or
future law, statute, regulation or ordinance;
(c) Keep the Demised premises in good order and repair,
reasonable wear and tear accepted. Sublessee shall also
clean, wash and maintain the station building and related
facilities to ensure that the Demised Premises will at all
times present a clean, bright and orderly appearance. Except
as set forth in Article 4 of thin Sublease Agreement,
sublesaee shall, at its own expense, make all necessary
repairs and replacements to the Demised Premises including,
but not limited to, the replacement of all broken and cracked
windows, door hardware, latches and door closers, the cleaning
and replacement of warm Air filters, the lubrication, repair
and replacement of overhead door spring assemblies, the
painting of all curbs and touch-up painting of the Demised
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PremiM, D VSdAd Sublessor shall pay for the cost of the
paint, the draining or filling of piping and plumbing fixtures
with antifreeze and in general the protection of all ouch
piping and fixtures, the repair and replacement of all leaking
faucets and hose bibbs, the repair and replacement of
malfunctioning flush valves and mechanisms for toilets and
urinals, the cleaning of sumps, traps and drains, the repair
and replacement of all leaking air piping valves, the
replacement and cleaning of all lamps
(incadescent,flourescant, mercury, etc.) for the building,
pump islands, excluding the lamps for the illumination of the
Texaco trademark or high-rise signs or driveway lights;
(d) Peaceably deliver up and surrender possession of the
Demised Premises at the expiration or sooner termination of
this Sublease, in the same condition in which Sublessee has
agreed to keep the same during the continuance of this
sublease, broom clean, and at such time without demand or
delay deliver to Sublessor or its agent all keys for the
Demised Premises;
(e) Sear the coat of all electricity, heat, telephone
and other utilities which may be furnished to the Demised
Premises;
(f) Pay for all costs of snow removal, trash or other
refuse removal and any maintenance, repair, weeding, mowing
and trimming costs attributable to any parking areas,
sidewalks and landscaping;
(g) Purchase all of its gasoline requirements necessary
or appropriate for the operation of its business at the
Demised Premises from Subleasor or its affiliated companies,
successors or assigns, during the Term of this Sublease, but
in no event shall sublessee purchase leas than two thousand
(2,000) gallons of gasoline from Sublessor per month;
(h) Purchase all of its heating oil requirements
necessary or appropriate for the operation of its business at
the Demised Premises from Sublessor or its affiliated
companies, successors or assigns, during the Tenn of this
Sublease; and
(1) Perform and maintain the following daily inventory
control procedures for the purpose of monitoring the integrity
of any underground storage tanks located on the Demised
Premises:
(1) reconciliation of physical inventory readings
with sales records and delivery receipts;
(2) implementation of leak detection methods,
including but not limited to automatic tank gauging,
monitoring of soil vapors or liquids in ground waters,
a
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interstitial monitoring between tank and secondary
barriers, or any other methods required by applicable law
and regulations; and
(3) immediate reporting of evidence of or
suspicion of leakage to Sublessor.
ARTTCLE VT, TMEMTFTCATTON
6.1 Tnde ^ifi x ion. During the 'term of this Sublease, or
any renewal therof, Subleases shall:
(a) Indemnify and save Lessor and Sublessor, their
respective agents, servants, employees, successors and
assigns, harmless from any and all liabilities, claims,
damages, fines, penalties, losses, litigations, expenses,
court coats and counsel fees incurred by the Lessor or
Sublessor resulting from (i) the presence or alleged presence
of any hazardous or toxic substances at the Demised Premises
which are in concentrations in excess of those permitted by
applicable law and/or (ii) the violation of any law, ordinance
or regulation caused by any act or omission, whether negligent
or otherwise of Sublessee, or any of its agents, servants or
employees.
(b) Indemnify and save Lessor and Subleasor, their
respective agents, servants, employees, successors and
assigns, harmless from any and all liabilities, claims,
damages, looses, fees, expenses including but not limited to
court costa and counsel fees, incurred by the Lessor or
Sublessor resulting from (i) personal injury or damage to
property arising out of the use and occupancy of the Demised
Premises, or the improvements and equipment located thereon,
by sublessee from any reasons whatsoever and/or (ii)
Sublesseele failure to perform its obligations under this
Sublease Agreement, whether or not due in whole or in part to
any act, omission or negligence of the Lessor or Sublessor or
any of their representatives, employees or third parties,
whether known or unknown to the Sublessee.
6.2 Tnurance. During the Term of this Sublease, or any
renewal thereof, Subleases at its own cost and expense, shall
provide and keep in force (i) comprehensive general liability
insurance including premises and operations coverage, contractual
liability coverage, independent contractors coverage, products and
completed operations coverage, personal injury and broad form
property damage, including completed operations coverages, which
coverage shall have a combined single limit for bodily injury and
property damage liability in an amount not lees than $1,000,000.00,
(ii) garage liability coverage with a combined single limit for
bodily injury and property damage in an amount not less than
$1,000,000.00, and (iii) garagekeeper's coverage for automobiles
left with Sublessee for their service, repair, storage or
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9afekaaplnt 1B in amount not less than $250,000.00. All insurance
as required under this sublease Agreement, shall provide for thirty
(30) days prior written notice of any cancellation or change in the
amount of coverage of ouch policies and shall name as additional
insureds Lessor and Sublessor, as their interests may appear.
Sublesaee ahall provide Sublessor with certificates of insurance
which shall comply with the requirements set forth above.
ARTTCLR VI7 _ - jjoT ?,`F,S
7.1 Any notice or demand given by Sublessor to Subleases
shall be in writing and forwarded by certified mail, postage
prepaid, addressed to Sublessee as follows:
Mr. Stanley M. Deimler
Camp Sill Texaco
1147 Lambe Gap Road
Mechanicsburg, Pennsylvania 17055
or to such other address as sublessee may from time to time
designate by written notice to Sublessor.
Any notice or demand given by Sublessee to sublessor shall not
be deemed to have been duly given or served unless in writing and
forwarded by certified mail, postage prepaid, addressed to
Sublessor as follows:
Carlos R. Leffler, Inc.
Main and Linden Streets
P.O. Box 276
Richland, Pennsylvania 17007-0278
Attention: Patrick J. Cantagna, President
with a copy to:
Pamela J. Cala, Enquire
Kozloff, Diener, Payne & Pegley
2640 Westvlew Drive
P.O. Box 6286
Wyomissing, PA 19610
ARTTC.R VITT. - EMTRO .NTAT. aTTP.RC
8.1 .Subleases warrants and agrees that:
(a) At the sole cost and expense of Sublessee, it shall
possess and be in full compliance with all environmental
permits, licensee and other governmental approvals that are
required with respect to the Demised Premises and the
activities conducted thereon.
(b) Sublessee, and its successors and assigns, shall
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lndemnify ana bold harmless Sublessor, it successors and
assigns against and with respect to any and all damages,
claims, losses, liabilities and expenses which are incurred by
the Sublessor, or which are asserted against or imposed upon
the Sublessor, by any other party, arising out of, or
connected with any Environmental Condition created during
subleases's occupancy of the Demised Premises, including
without limitation the exposure of any person to any such
Environmental condition, caused or permitted by the Sublessee
or about which the sublessee knew of, as to any matter, thing
or event which occurred since the Sublessee occupied the
Demised Premises, should have known.
(c) As used herein, the term "Environmental Condition"
manna any condition that may exist or have existed at the
Demised Premises with respect to contamination of soil,
surface or ground waters, stream sediments, and every other
environmental media, which conditions could require response
as defined in 42 U.H.C. 59601 or any other local, state or
federal statute, law, ordinance, rule or regulation.
ARTICLE TX - EVENTS OF DEFAULT
9.1 Evens of DPfanl . Each of the following shall
constitute an Event of Default hereunder:
(a) The failure of Subleases to pay within ten (10) days
after the due date thereof any sum herein required to he paid
by Sublessee;
(b) The failure of Sublessee to perform any other
covenant or condition of this sublease within thirty (30) days
after written notice and demand, or, if the performance
requires more than thirty (30) days to complete, the failure
to begin performance within thirty (30) days and diligent
completion thereafter.
(c) the suspension of business of the Sublessee;
(d) the filing by or against Sublessee of a petition
for adjudication as a bankrupt or insolvent, or for
reorganization or appointment of a receiver or trustee of
Subleases's property, an assignment by Sublessee for the
benefit of creditors; or the taking of possession of
Subleases's property by any governmental officer or agency
pursuant to. statutory authority for the dissolution or
liquidation of Sublessee.
ARTICT.R X- REMEDIES or
10.1 Rivht f o hl In the event of an occurrence of an
Event of Default hereunder the sublessor may, at its option:
(a) Recover from the Hublessoe, on demand, sa and for
7 1 .
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liquidated agreed final damages for the Subleasee'e default
and for Rent only, an amount equal to the Rent payable for the
balance of the Term of this Sublease;
(b) Exercise any and all other rights and remedies
contained in the Lease Agreement;
granted or allowed (c) Exercise any and all other rights and/or remedies
statute, act of assembly or sother ?law any of this stin or commonwealth future
cases
lease agreement eagainst ea Sublessee ewhrights o ha defaulted a or
otherwise breached the terms of such lease agreement; eubjact,
however, to the rights granted or created by this Sublease;
and
written) notice terminate
Suthis bles eeLease whereupon thirty he (Sublesees prior
shall
peacefully surrender the Demised Premises to the sublessor,
and the sublessor may re-enter the Demised Premises and
repossess them by force, summary proceedings, ejectment or
otherwise, and may dispossess the Sublessee and all other
persons and Property from the Demised Premises and may have,
hold and enjoy the Demised Premises and the right to receive
all rental income therefrom.
10.2 Remnd;pe a+,m,t r' All of the remedies given to
sublessor in this Lease and all rights and remedies given to it by
law and equity shall be cumulative and concurrent. No determination
of this Sublease or the taking or recovering possession of the
Demised Promisee shall deprive Sublessor of any of its remedies or
actions against the Subleases for Rent or additional Rent due at
the time or which, under the Term hereof, would in the future
become due as if there had been no determination, nor shall the
bringing of any action for Rent or additional Rent or breach of
covenant or the resort to any other remedy herein provided for the
recovery of Rent or additional Rent be construed as a waiver of the
right to obtain possession of the Demised Promisee.
10.3 1,'9wluIOx OF 1MGM gpgygsSIM COVENANTS AM
AGRRHS THAT IP THE RENT AND/OR ADDITIONAL RENT (INCLUDING ALL
ACCELZRATIONS OF RENT PMMSSZBLV UNDER TEE PROVISIONS OF THIS
LEASE) SHALL REHAIN VNPAID FOR TEN (10) DAYS AFTER TEE SANE IS
REQUIRED TO BE PAID, TIM AND ZN TEAT HVENT, SUELESSOR MAX CAUSE
"UT To 88 WZRSn AGAINST SUBLSSSEE, AND FOR THAT PURPOSE
SUBLESSEE =EBY AUTHORI3SS AND EHPONM SUBLESSOR OR ANY
PROTHONOTARY, CLERS OF COURT OR ATTORNEp OF ANY COURT OF RECORD TO
APPEAR FOR AND CoMss JUDOIDZNT AGAINST SUDLUSSER AND AGRBRS THAT
SUBLESSOR MAY CODaM= AN ACrZON PUPSUANT TO PENNSYLVANIA RULES OR
CIVZL PROCEDURE NO. 2950, 8T SEQ., FOR TEE RECOVERY FRow SUBLESSEE
OF ALL RENT AND/OR ADDITIONAL RENT EEREUNDER (INCLUDING ALL „1'
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ACCELERATIONS OF RENT ]?BRNISSIBLZ UNDER TBE PROVISIONS OF Tula
LEASH), AS WELL AS AUTHORIZATION TO CONFESS JUDQMRAT THIS LEASE,
OR A TROE AND CORRECT COPY THEREOF, SHALL BE SUFFICIENT WARRANT.
SUCK JUDGMENT MAY 8Y CONFESSED AQLNST SUBLESSEE FOR THE AMOUNT OF
RENT AND/OR ADDITIONAL RENT IN ARREARS (INCLUDING ALL ACCELERATIONS
OF ROM PERMISSIBLE UNDER TIME PROVISIONS OF THIS LEASE), AS WELL AS
FOR INTEREST AND COSTS, TOGETHER WITH AN ATTORNEY'S COMMISSION OF
TEN PERCENT (1091) OF THE FULL AMOUNT OF SUBLESSOR'S CLAIM AGAINST
SUBLESSEE. NEITHER TIM RIGHT TO INSTITUTE AN ACTION PURSUANT TO
PENNSYLVANIA RULES OF CIVIL PROCEDURE NO. 29SO, ET SEQ., NOR THE
AUTHORITY TO CONFESS JODGMINT GRANTED HEREIN SHALL BE EXHAUSTED BY
ONE OR MORE EXERCISES THEREOF, BUT SUCCESSIVE COMPLAINTS NAY BE
FILED AND SUCCESSIVE JUDGMENTS NAY BE ENTERED FOR THE AFORESAID
SUMS.
10.4 ACTION FOR IMMO;NT. SUBLESSEE COVENAWS AND AGREES
THAT IF THIS LEASE SHALL BY TEMEaMTSD (EITH)ER BECAUSE OF A
CONDITION OR CONDITIONS BROKEN DURING THE TERM OF THIS LEASE OR ANY
PMU02AL OR EXTENSION THEREOF AND/OR WHEN THE TERM UMMY CREATED OR
ANY EXTENSION THEREOF SHALL HAVE EY9IRED) THEN, AND IN THAT EVENT,
SUBLESSOR MAY CAUSE A JUDGxENT IN RJECTMENT TO BE ENTERED AGAINST
SUBLESSEE FOR POSSESSION OF T88 DRMIBED PREMISES, AND FOR TEAT
PURPOSE SUBLESSEE RERSBY AUTHORIZES AND EMPOWERS ANY PROTHONOTARY,
CLERK OF COURT OR ATTORNEY OF ANY COURT OR RECORD TO APPEAR FOR
OUBLESS=E AND TO CONFESS MDQM= AGAINST SUBLESSEZ IN EJECTMENT
FOR POSSESSION OF 791 HEREIN DSMTSSD PREMISES, AND AGREES TEAT
SUBLESSOR MAY COSMM= AN ACTION PURSID?NT TO PENNSYLVANIA RULES OF
CIVIL PROCEDURE NO. 4950, ET SEQ., FOR TES ENTRY OF AN ORDER IN
EJECTMENT FOR TIM POSSESSION OF REAL PROPERTY, AND SUBLESSEE
FURTHER AGREES THAT A WRIT OF POSSESSION PURSUANT THERETO MAY ISSUE
FORTHWITH, FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT AND FOR THE
ISSDANCE OF A WRIT OR WRITS OF POSSESSION PURSUANT TX&RETO, THIS
LEASE, OR A TRUE AND CORRECT COPY THEREOF, SHALL SE SUFFICIENT
WARRANT. SUBLESSEE FURTHER COVSNA>1T1'S AND AGREES THAT IF FOR ANY
REASON WHATSOEVER AFTER SAID ACTION SHALL HAVE COMMENCED THE ACTION
SHALL BE TERMINATED AND THE POSSESSION OF THE DEMISED PREMISES
DEMISED HEREUNDER SHALL PMUL aT IN OR BE RESTORED TO SUBLESSEE,
SUBLESSOR SHALL HAVE THE RIGHT UPON ANY SUBSEQUENT DEFAULT OR
DEFAULTS, OR UPON THE TERMINATION OF THIS LEASE AS ABOVE SET FORTH,
TO COMMENCE SUCCESSIVE JUDGMENTS BY CONFESSION IN EJECTMENT FOR
POSSESSION OF TIM PREMISES DEMISED HEREUNDER.
ARTI 7.F XS - MIS^ 7..UM=
11.1 ASSiMm n and Subl tting• Sublessee shall not assign
this Sublease or sublet all or any portion of the Demised Premises
9
Feb-18-99 105e,cG 2:21PU; R Leffler •> CAnLOS1LEF866 19042 Pace 11
DEC-08-199e 14:09 14M0:•r.DIENER,ET. FL- 6106709053 P.11/16
66761.1
without first obtaining Sublessor's and Lessor's prior written
consent.
11.2 Merger. This Sublease is the only agreement between the
parties hereto pertaining to the Demised Premises, and all
negotiations and oral agreements acceptable to the parties are
included herein. The laws of the Commonwealth of Pennsylvania
shall govern the validity, interpretation, performance and
enforcement of this Sublease.
11.3 Headings. Any headings preceding the text of the
Articles and Subparagraphs hereof are inserted solely for
convenience of reference and shall not constitute a part of this
Sublease, nor shall they affect its meaning, construction or
effect.
11.4 S-v rabillty. If any provision of this Sublease is held
to be invalid, the remaining provision shall not be affected
thereby, but shall continue in full force and effect.
11.5 Successors and Assigns. All rights, obligations and
liabilities hereupon given to or imposed upon the respective
parties hereto, shall extend to and bind the several and respective
heirs, executors, administrators, successors and assigns of said
parties.
11.6 Amendment. This Sublease shall not be modified, amended
or supplemented except by written instrument signed by Sublessor
and Sublessee and consented to by Lessor.
Attest:
Se Lary
CARLOS 2?. LEFFLE?R, INC.
By:
Patrick J". Castagna
Presiderft
"Sublessor"
Witness:
S nley M. De mler
•Subleasee"
10 1.
717-866-2000 r1R. JOHN BYLER 824 P10 FE8 16 '59 22:09
U^HL09 LEFFLFN INC.: Pups 12
DEC-09-1998 14:09 KO21-OFF,DIENER,ET. FL. 6106709053 P.12/16
66831.1
THIS FUEL SUPPLY AGREEMENT is made as of the 1 at day of October, 1998,
by and between STANLEY M. DEIMLER, an adult Individual and citizen of the
Commonwealth of Pennsylvania, trading and doing business as "Camp Hill Texaco",
whose mailing address is 1147 Lambs Gap Road, Mechanicsburg, PA 17055 (the
"Buyer") and CARLOS R. LEFFLER, INC. , a Pennsylvania corporation with a mailing
address of Main and Linden Streets, P. 0. Box 278, Richland, PA 17087-0278 (the
'Seller').
WITNESSETH THAT:
WHEREAS, Seller and Buyer entered into a Sublease Agreement of even date
herewith (the "Sublease Agreement") for the leasing of a certain tract of land,
together with the buildings, Improvements, fixtures, equipment and other
personalty located thereon (the "Demised Premises"); and
WHEREAS, one of the conditions under the Sublease Agreement was the
execution and delivery of this Fuel Supply Agreement by Buyer and Seller.
NOW, THEREFORE, INTENDING TO BE LEGALLY BOUND HEREBY, the parties
agree as follows:
1. SALE AND PURCHASE OF PRODUCTS
(a) Seller hereby agrees to sell and deliver, and Buyer agrees to
buy, receive, and pay for, all of Buyer's requirements at the
Demised Premises which is the subject of the Sublease
Agreement, located at 25 S. 324 Street, Camp Hill, Cumberland
County, Pennsylvania and known as the 'Camp Hill Texaco', for
gasoline and any other fuel (the "Products"); provided, however,
Buyer shall not purchase less than two thousand (2,000) gallons
of Products per month.
(b) Buyer hereby agrees that all Products purchased at the Leased
Promises shall be Texaco branded products, unless other agreed
to In writing by Seller. Buyer shall not permit any gasoline
which Is not Texaco brand gasoline to be mixed with Texaco
brand gasoline in any storage tank connected to a dispensing
717-866-2000 MR. JOHN SYLER 824 P11 FES 16 '99 22 10
-.?-. .. ?...... .. wawa 1=rFLFR INC.; Page 13
DEC-00-1998 14:10 {t?OFF,DiETER.ET. FY.. 6106709053 P. 13/16
66831.1
pump on the Leased Premises, nor shall Buyer sell or hold for
sale as a Texaco brand gasoline any gasoline which Is not a
Texaco brand gasoline-
(c) Buyer may initiate purchases of the Products during Seller's
normal business hours (7:00 A.M. to 5:00 P.M. Monday
through Friday) by issuing telegraphic or telephonic orders, or by
delivering to Seiler its order form (`Purchase Order"). Each
Purchase Order must identify Texaco Products, quantity and
delivery schedule. Seiler shall deliver the Products included in
the Purchase Order no later than 24 hours after receipt of such
Purchase Order.
2. DURATION OF FUEL SUPPLY AGREEMENT
This Fuel Supply Agreement shall commence on the date specified above and
shall continue for a period of one (1) year thereafter, ending on September 30,
1999.
3. EVENTS OF DEFAULT
Each of the following shall constitute an Event of Default hereunder: .
(a) The Buyer fails to pay for the Products at the time of delivery or
within approved credit terms which shall include an electronic
funds transfer program with Seller and Buyer's financial
Institution.
(b) The Buyer fails to perform any other covenant or condition of
this Fuel Supply Agreement within ten (10) days following
written notice and demand from Seller, or, If the performance
requires more than ten (10) days to complete, Buyer's failure to
begin performance within ten (10) days and diligent completion
thereafter.
(c) The suspension of business of the Buyer.
(d) The Buyer becomes or is declared insolvent or otherwise unable
to pay its debts as they become duo or upon the filing of any
proceeding (whether voluntary or involuntary) for bankruptcy,
2
1_
717-866-2000 MR. JOHN EYLER
_, -_ Ol Oe70006J
DEC-08-1998 14=10 T ICOZIOFF,DIENER,ET.
86831.1
824 P12 FEE 16 '99 22:10
-> CAALOS LEFFLF9 ZNC.; Fog. to
AL. 6106709053 P.14i16
insolvency or relief from creditors of Buyer.
4. PRICING
(a) Buyer shall pay to Seller for its purchaae of Products for use at
the Demised Premises the Texaco Harrisburg Delivered Tank
Wagon price minus $.02 per gallon.
(b) Other Charges
(1) All pricing set forth In this Fuel Supply Agreement are net
of federal and state taxes and fees (including superfund
and Underground Storage Tank Indemnification Fund
fees), The Buyer shall pay to the Seller any applicable
taxes or fees now in effect or hereinafter Imposed by any
municipal, state or federal government law, rule, or
regulations which the Seiler may be required to collect or
pay with respect to the delivery of Products sold
hereunder.
6. TERMS; SECURITY; LATE CHARGES
Payment terms shall be net on the day of delivery via Seller's Electronic
Funds Transfer program. In the event payment is not made when due, Seller
may, at its option, suspend further delivery of all Products until Buyer is In
compliance with the above payment terms, or Seller shall have the option of
making draws under and pursuant to the terms of a certain Letter of Credit
issued by Buyer's financial institution to Seller (the "Letter of Credit"), the
terms of which shall be acceptable to Seller in its sole and absolute
discretion. Buyer shall deliver the Letter of Credit to Seiler within five (5)
days following the date of this Fuel Supply Agreement to secure its
performance under the terms of this Agreement. It is agreed that any
amount not paid within ten (10) days of Products being delivered shall bear
interest, calculated daily, at a variable per annum rate equal to the prime rate
of Buyer's then primary institutional lender.
8. FORCE MAJEURE
Neither party shall be responsible for damages caused by failure of
performance or delay in performance, where such failure or delay is caused in
whole or in part by an act of God, fire, flood. storm, earthquake, explosion,
f , •'
N
71'1-966-2000 MR. JOHN BYLER
DEC-00-1998 14:10 KC2LOFF,DIENER,U.
66831.1
824 P1S
FEB 16 '99 22:10
- > CARL08 LEFFLPR INC.; Pape 10
AL. 6106709053 P.15/16
strikes, stoppage of labor, perils of the sea, lockout, war, rlots, blockades or
embargoes. The settlement of labor disturbances shell be smireiy within the
discretion of the party so affected.
7. ASSIGNMENT
Neither this Agreement nor any individual transactions under it may be
assigned by the Buyer to any person or entity without the prior written
consent of the Seller, and any such attempted assignment by the Buyer shall
be void. Seller may, at any time and from time to time, with notice to Buyer,
assign this Agreement, any individual transactions under it of Its rights to
receive monies due and becoming due to It hereunder.
8. SEVERABILITY
The provisions of this Fuel Supply Agreement shall be severable. The
Invalidity or unenforceability of any one provision in any jurisdiction shall not
affect the validity or enforceability of any other provision in such jurisdiction.
9. ENTIRE AGREEMENT
This is the entire agreement between the parties and shell supersede any and
all prior oral or written understandings, course of business or any other terms
or conditions between the parties,
10. NO ORAL MODIFICATION
This Fuel Supply Agreement shall not be amended or modified except by
means of a written instrument executed by both Buyer and Seller.
11. SUCCESSORS, ASSIGNS
This Fuel Supply Agreement shell be binding upon the parties hereto and, to
the extent assignable, their respective heir;, personal representatives,
successors and assigns,
4
l:•
824 P14 FEB 16
• __ -• 717-866-2000 MR. JOHN BYLER
c:wrrp tl10tl700063 •r CARLOD LEFFLfR INC., Page 10
t)EC-08-1998 14:11 IaOZL-OFF,DIENER,ET. AL. 6106709053
66831.1
I.
12. GOVERNING LAW
This Fuel Supply Agreement shell be governed by the laws of the
Commonwealth of Pennsylvania
IN WITNESS WHEREOF, the parties have executed this FUEL SUPPLY
AGREEMENT the day and year first above written.
Attest: e,
CARLO? R .F E, II?Gf
By:
Patrick J. astagno
President
Witness;
4test?y&m. Daimler
5
99 22:11
P.16/16
^TOTRL P.16
A
VERIFICATION
1, John Byler, have read the foregoing document and verify that the facts set forth are true
and correct to the best of my knowledge, information and belief. To the extent that the foregoing
document and/or its language is that ofcounsel, I have relied upon counsel in making this
Verification.
I understand that any false statements made herein are subject to the penalties of 18 Pa.
C.S.A. § 4904, relating to unswom falsification to authorities.
J01 i yler
DATE: //- 1.2 - 9 9
- ?,
? 'v? a
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CARLOS R. LEFFLER, INC., IN THE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-6963 Civil
STANLEY M. DEIMLER,
Defendant CIVIL ACTION -LAW
AFFIDAVIT OF SERVICE
?3 '?Opmmb T l•
?otsnh ?a l5 on . being a competent
I,
On the /U ay f Nove er, 1999, I
adult over 18 years of age, served the Notice of Defendant's Rights in the above-captioned matter
upon Defendant Stanley M. Deimler by hand delivery at his home address of 1147 Lambs Gap
Road, Mechanicsburg, PA 17055. A fc e plEc( \f : Q a r ? 1? 3_Q *1 M ?Lr
I verify that the statements made in this Affidavit of Service are true and correct. I
understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities.
Dated: II'a 9'?L? -4ejlqj t I
P_?tVAf_
ure
CARLOS R. LEFFLER, INC.,
Plaintiff
V.
STANLEY M. DEIMLER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLyAN1A
NO. 99-6963 Civil
CIVIL ACTION - LAW
NOTICE OF DEFENDANT'S RIGHTS
TO: Stanley M. Deimler
1 147 Lambs Gap Road
Mechanicsburg, PA 17055
A judgment in the amount of S9 240.00 has been entered against you and in favor of the
Plaintiff without any prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The sheriff may take your money or
other property to pay thejudgment at any time after thirty (30) days after the date on which this
notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT
OR YOU) DAY LOSE YOUR
A JUDGE DATE ON WHICH HIS NOTICE IS SERVED ON WITHIN
O
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT
OF RE YOU CAN GET LEGAL HELP.
ICE ET FORTH BELOW TO FIND OUT WHERE
Cumberland County Bar Association
Two Liberty Avenue
Carlisle, PA 17013
717-249-3166
DATE: November 1S, 1999
BUCHANANINGERSOLL
PROFESSIONAL CORPORATION
Matthew C. Browndorf, Esquire
1. D. t 51915
One South Market Square
213 Market Street
3"' Floor
Harrisburg, PA 17101
(717)237-4500
C`,
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CARLOS R. LEFFLER, INC..
Plaintiff
V.
STANLEY M. DEIMLER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6963
CIVIL ACTION - LAW
WITHDRAWAL OF APPEARANCE
To: Prothonotary:
Kindly withdraw the appearance of Matthew C. Browndorf, Esquire of Buchanan
Ingersoll Professional Corporation on behalf of Carlos R. Leffler, Inc., in the above-captioned
action.
BUCHANANINGERSOLL
PROFESSIONAL CORPORATION
13y:_
ew . Br nd r , Esquirc
I.D.#81915
One South Market Square
213 Market Street - 3rd Floor
DATE: Harrisburg, PA 17101
ENTRY OF APPEARANCE
Please enter the appearance of Gerald K. Morrison, Esquire of McNees, Wallace &
Nurick on behalf of Carlos R. Leffler, Inc. in the above-captioned matter.
DATE: S/i//U /
MCNEES, WALLACE & NURICK
By: i ,
-Ger? d K. Morrison, Esquire
100 ,Pine Street
Harrisburg, PA 17101
(717)232-8000
I.D. 1106876
11 :_ __
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CER'1'IFICA7'r OF SERVICE
I, Matthew C. Browndorf, Esquire, certify that I have this date, served a copy of the
foregoing document upon the following by United States mail, first class, postage pre-paid:
John Killian, Esquire
Killian & Gephart
218 Pine Street
Harrisburg. PA 17101
Gerald K. Morrison, Esquire
McNees, Wallace & Nurick
100 Pine Street
Harrisburg, PA 17101
?-
By
,/ IGlatthew C. Browndorf, Esquire
DATE: May 11, 2001
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CARLOS R. LEFFLER, INC.,
Plaintiff
V.
STANLEY M. DEIMLER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6963
CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Enter my appearance as counsel on behalf of Plaintiff, Carlos R. Leffler.
Papers may be served at the address set forth below:
Delano M. Lantz
I.D. No. 21401
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5348
McNEES LAC/E? & NUR K LC
By
Delano M. L
I.D. No. 21401
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5348
Date: March 2, 2006 Attorneys for Plaintiff
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing document was served by first class mail, postage prepaid upon the following:
Stanley M. Daimler
1147 Lambs Gap Road
MachanirsburROPA 17055
M.
Dated: March 2, 2006
.
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C.4 t:j
CARLOS R. LEFFLER, INC.,
Plaintiff
V.
STANLEY M. DEIMLER,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6963
CIVIL ACTION - LAW
PRAECIPE
Please mark the within judgment satisfied, settled and this action discontinued
with prejudice.
Date: March 2, 2006
McNEES
By
Attorneys for Plaintiff
I. D. No. 21401
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5348
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing document was served by first class mail, postage prepaid upon the following:
Stanley M. Deimler
1147 Lambs Gap Road
Mechanicsbur PA 17055
/ P";? ?, Delano M. Lantz
Dated: March 2, 2006
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