HomeMy WebLinkAbout03-3612HIGH ASSOCIATES, LTD.,
Plaintiff
JEN PUBLICATIONS, INC.,
Defendant
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Action - law
No.
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by an attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered against
you by the court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Assoc.
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
HIGH ASSOCIATES, LTD.,
Plaintiff
JEN PUBLICATIONS, 1NC.,
Defendant
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Action - law
No. 3t, t2 77,..--
COMPLAINT
Plaintiff, High Associates, Ltd., by and through its counsel, Duane Morris, LLP,
respectfully files the following Complaint against Defendant, Jen Publications, Inc., and in
support thereof states the following:
1. Plaintiff, High Associates, Ltd. ("High Associates"), is a Pennsylvania limited
partnership with a principal place of business located at 1853 William Penn Way, Lancaster,
Lancaster County, Pennsylvania.
2. Defendant, Jen Publications, Inc. ("Jen Publications"), is a Pennsylvania
corporation authorized to do business within the Commonwealth of Pennsylvania, with a
principal place of business located at 428 Bridge Street, New Cumberland, Cumberland County,
Pennsylvania.
3. High Associates, is engaged in the business of property management and property
leasing for commercial property and commercial tenants.
4. On or about June 4, 2002, High Associates entered into a commercial lease
agreement ("Lease Agreement") with Defendant, Jen Publications, Inc.'s predecessor in interest,
Pa. Giving, Inc., for the commercial property located at the Executive Offices at Rossmoyne,
Office No. 24 and No. 30, 5000 Ritter Road, Suite 202, Mechanicsburg, Cumberland County,
Pennsylvania. A true and correct copy of the Lease Agreement, together with all accompanying
terms, conditions and exhibits, are attached hereto and marked as Exhibit "A."
5. Pursuant to the terms and conditions of the Lease Agreement, the term of tenancy
was to begin on June 15, 2002, and terminate on December 31, 2002, with a monthly rent of
$1,500.00.
6. Subsequently, on or about September 3, 2002, High Associates, and Jen
Publications, formerly known as Pa. Giving, Inc., entered into an agreement to lease additional
space, the same of which was entitled "Amendment No. 1 to the Lease," a true and correct copy
of which is attached hereto and marked as Plaintiffs Exhibit "B."
7. Pursuant to the Amendment No. 1 to the Lease, Jen Publications agreed to lease
additional office space beginning on September 1, 2002, the same of which was to terminate on
March 31, 2003.
8. Pursuant to the terms and conditions of the Amendment No. 1 to the Lease, the
rental was increased to $1,700.00 per month.
9. On or about October 15, 2002, High Associates and Jen Publications entered into
an agreement to lease more additional space the same of which was entitled "Amendment No. 2
to the Lease," a true and correct copy of which has been attached hereto and marked as Plaintiffs
Exhibit "C."
10. The Amendment No. 2 to the Lease provided Jen Publications with additional
office space, to begin on October 14, 2002, and to terminate on March 31, 2003.
11. Pursuant to the terms and conditions of the Amendment No. 2 to the Lease, Jen
Publication's monthly rental was increased to $2,000.00 per month.
12. On or about February 10, 2003, Defendant Jen Publications vacated the
aforementioned premises and has paid only a portion of the outstanding rent and other
miscellaneous charges since that date.
13. The Lease Agreement requires that rent be paid on a monthly basis.
14. The Lease Agreement further requires that Defendant is to pay for all copier, fax,
postage and voice mail charges, as well as charges for necessary supplies.
15. Pursuant to the terms and conditions of the Lease Agreement, interest shall accrue
on any monies due from Jen Publications to High Associates from the date the same are due at
the rate of 1 1/2% per month until such monies are paid in full.
16. Moreover, in accordance with the Lease Agreement, in the event High Associates
consults an attorney for the collection of any sums due from Jen Publications, Jen Publications,
as tenant, shall reimburse High Associates the reasonable attorney's fees and costs incurred as a
result of the same.
17.
COUNT I - BREACH OF CONTRACT
Paragraphs 1 through 16 above are incorporated herein by reference as if set forth
in full.
18. As of September 17, 2002, Jen Publications has not paid its copier, fax, postage
and voice mail charges, nor has Jen Publications paid for supplies used and rent as required by
the Lease Agreement, totaling $11,263.76. A tree and correct copy of Jen Publications Account
Statement and Balance is attached hereto and marked as Plaintiffs Exhibit "D."
19. As a result of Jen Publications non-payment of rent and other charges, Defendant
Jen Publications is in default under the Lease Agreement and the Amendments thereto and, as a
result, has breached the same.
20. As a result of Jen Publications' default and breach of the Lease Agreement and
Amendments thereto, High Associates has suffered injury and losses totaling $11,263.76 in
unpaid rent and expenses, as more fully set forth in the Jen Publications' Account Statement and
Balance attached as Exhibit "D."
21. As a result of Jen Publications' default and breach of the lease agreeanent, High
Associates has also incurred attorney% fees and costs, the same of which Jen Publications agreed
to compensate Plaintiff High Associates pursuant to the terms of the Lease Agreement as
aforementioned.
WHEREFORE, Plaintiff, High Associates, Ltd., demands judgment to be entered in its
favor and against Defendant, Jen Publications, Inc., in the amount of $11,263.76, together with
attorney's fees, costs of suit, interest accruing at the rate of 1.5% per month and any other
remedies this Honorable Court deems just and appropriate.
COUNT II - UNJUST ENRICHMENT
22. Paragraphs 1 through 21 above are incorporated herein by reference as if set forth
in full.
4
23. By Jen Publications accepting the benefits of the Lease Agreement and the
Amendments thereto, without paying rent and expenses as required by the terms and conditions
of the Lease Agreement, Jen Publications has been unjustly enriched.
WHEREFORE, Plaintiff, High Associates, Ltd., demands judgment to be entered in its
favor and against Defendant, Jen Publications, Inc., in the amount of $11,263.76, together with
attorney's fees, costs of suit, interest accruing at the rate of 1.5% per month and any other
remedies this Honorable Court deems just and appropriate.
Date: 7/24/03
Respectfully submitted,
Thomas L. I es nberg,
Attorney I.D. No. 76652
DUANE MORRIS, LLP
305 North Front St., 5th Floor
P. O. Box 1003
Harrisburg, PA 17108-1003
(717) 237-5500
Attorneys for Plaintiff
High Associates, Ltd.
5
VERIFICATION
I, Michael Lorelli, Vice President of High Associates, Ltd., hereby aver and
state that I have read the foregoing Complaint which has been drafted by counsel. The factual
statements contained therein are true and correct to the best of my knowledge, information and
belief, although the language is that of counsel and, to the extent that the content of the foregoing
document is that of counsel, I have relied upon counsel in making this verification.
This statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to
unsworn falsification to authorities, which provides that if I make knowingly false statements, I
may be subject to criminal penalties.
(57 Michael Lorelli
THE EXECUTIVE OFFICES
AT ROSSMOYNE
LEAS~
LANDLORD:
HIGH ASSOCiaTeS. LTD.
18~3 Wfllia~n P~n Way
P, O, Box 10008
Lancaster, Pem~yiv*-i, 17605-0008
229 Stat~ Street
Hanisburg, Pmmsyb,..-i,, 17101
T~lm:az ~ R~sidance: lamie Y,.izer
1, LEA~ED PREMIsr~: Th~ IL, am~ive Ofl'i~s at Rossmolm¢
Offic~ #24 and #3O
5000 Rirt~r Ro~d, ~ui~ 202, P.O. Box 779
Mech~,,iesborg, Pennsylvsn~ 17055-0779
2. TBRM BF. CHNS:
Sui~ #30 ($900.00) - Su~ 15, 20o2
suit. #24 (~600.00) - ~u~- 1, 2002
3. TI~RM
D~cemb~r 31, 2002
*(Month-to-mm~t'~ th~a~ft~r with ~ith~r T~'-*-~ or L~xllord
giving ltgny (30) days writt~ nolic~ to vacam, with a,e m.m ~di~g
on ~ la~ day of die followi~ full monih.)
4. MOi'Cr/--ILYREI~: Suite#30 - .llme 15,2002to June30,2002
Sui~s #30 & ~t2~, . .i'uly 1, 2002 to .luly 31, 2002
- August 1, 2002 to D~cemb~r 31, 2002
$. SECURITY DBPOSIT: N/A
- $ 900.00
- $ 750.00
- $I,500.00
6. USE: Office Space
Subjcct ~ thc a~ached T~ ang Conditions, which are incorpc~aled ~ by this reference, Landlord do¢~
hereby lease m Tcna~ and Te~an~ does hcreby lease from L~ndlord the leased Premises at lbe feint and for lhe t~m sct
fo~h above.
~2~g.4WITNESS WHEREOF, th~ Landlord and Tenant ~vc s~d ~ ~e ~
~ ~ .2~2.
PA G~
~'/~" day of
HIGH ASSOCI,$TI/$, LTD.
f£~96 0~ I~t/XE]
~:fT '~I ¢00~/90/90
EXECUTIVE OFFICES
AT ROSSMOYNE
· rt~Ms AND CONDITIONS
The following are the trams and condltians of the Lease to which this is auached:
.T_I:.&SE, D ~5BS. The area outlhed in red on the floor phs of The l!xecutive Offices at Rossmoyne,
50/)0 Rit~er Road, Mechs-lcsburg, Pennsylvania, attached as Bxin'bit "A," m'c t'he leased premises (lt~ "Leased
Premises"). In addit-W~, Tenant has the right to use, in common with other Tmmu~, the reception ar~a,
conference room, ]oun~e, restrooms with services described in paragraph 5 of these Terms and Conditions.
a. The ~i'ih shall begin and end as set fo~ in the Lease.
b. Ii' the Landlord callnot for any 1-eason deliver possession of the Lcased Premises to the Tenant whcn the
Term begins, fids Lease shall no~ be void or voidable nor shall thc Landlord b~ liablc to thc Tenant for
aw/loss or O~%oe resulting therefrom, but the~c shall be an abalmllcn~ of t~llt for the period be~wcen the tilne
the Tcrm beans and gse dale whcn Landlord does deliver possessi~m.
c, Landlonl or Tenant may tenninale this Lease at the end of the Term, or after renewal thereof ~pon not less
than thirty (30) days prior written notice to the other.
PENT.
a. T~aant shall pay Landlord as Rent for the Leased Premises Ihe amotmt set forth in the Lease, payable in
advance on the first of each calendar month. If file Term com,,~-nces on other thin the first day of a calendar
manlh, pro-ram ten! shall be payable for thc Balance of the month-
b. Iffthc Lcasc is on a month-to-month basls as of the fh~t of lanuary of any ca.hmdar ycar, th~ Tenant will be
subject to an inflationary rent escalation ~hs,Ile ofli~ree p~rcen~ (~%) which will bc dct~i~ed at least one (1)
month prior to whan ~he chs~e w/Il take effect. If the Lease is not on a month-to-month basis as of Sanua~,
upon its expiratinm the Ren~ shall have three percent (3%) inflationary rem escalation. This adjusUuent will
effect ~he monthly rent charge and shsl! only be admlnhteled one time per calendar year.
USE. The Leased I'i'~;.~:~s shall be u~ed by Tenant as an office es se~ forth in the Lease and for no other
ptuposc. Tenant shall comply with any generally applicable roles and regulations issued by ~he Landlord with
· espcct to the Premises Includin~ the rules and regulations attached h~eto as Exl~it "D" and shall comply
with all reclui~m~ts of public authorhies. Tenant shall ~ot inS'fete wi~ the ri~hm of other Tenants m the
cr~ramOll m or'he ~{ or silOW th~ I.~,~d ~'~liseS tO ~ ll~ed for a~y ~mkm;t~l or objectionable
purpose. Testat shall not offer to other Te,,w~ any of the asrvioe,s or thcflities which Landlord provides to
otber Temm~ inchdlng without lira/~/oz~ hhosc scr~cos and fiudlities descn'bed in Exlm'bit "B" and "C"
aUached lmr~.
SERVICES AND FACILflll/S. Landlord slmll make available to Tenant ceffa~ services and fac/lifies as
more fully descn'bed on H0ckibit "B' attsched he, elo. Such services shall be offered to Te-~,¶t and all othes
~-,--- and there shall be no charge for said se~ice.
In addition, Landlord shall make avsilshle ~ other selwices slid facil/tles as more ftdly descn'bed
in Exhibit "C" attached hereto. Such service~ and thci~es as are/ndicat~l on Exh/bit "C" shall be paid for by
Tens~r. which payment shall be made, toEcther with the monfldy paysuent due, on thc/ia'st day succecding thc
l:~riod during which such services or use of such facilities was billed to Tenant by Landlord_ Ail such services
performed by and all such facilities provided by Landlord shall be perforrr~d ~r provided at rates which arc
g~aerally prcv.il~$ throughout the Prr~ni~cs sug such rates shall be subject to adjushnen~ by Landlord upon
ttd.~ (30) days wtiU~u m~,ice to r~m~
SECURITY DEPOSIt. Concorr~dy with -,he executioa of this Lease, Tena~ Kas deposiled with Landlord
the security d~posit set fol~h in ~ Lease for the fall pert'ormaace by Tenant o£~he aforementioned terms,
comii~ious and covana~ of this Lease and for the cost of any repair of da~a~cs hi ex= of normal wear and
tear, ontstendlng invo/eea, and any outstanding pustal charges. If Landlord applies any pa~ of said d~osit to
cu~ any default of Tenant under Paragraph 11, thcreoi; Tenant sl,~tl, upon d~',~,~d, deposit with Landlord the
2
11996 0H X'I1/XE] ~:tI -"d ~00~/90/90
10.
11.
amount so applied so thai Landlord shall have the full deposit on hand at ail ~m~s during thc Term of this
Lease. Thc secu~ty deposit or any bala~e thereof shall be returned arm: Tga~nt has vacated and lelt thc
Leased Premises ia acceptable cunditlon. IfL~dlord determines that ;my loss or a-m~ge chargeable to Tenant
~xceeds the security dapasi~, Landlord at its option, may ~ ~he security deposit agai~t such loss or damage
and the balance thereof shall be the respons~ility of T~ant. The security deposit is no! to be considered a rent
payment umier this Lease.
II~UAANCIE. Landlord shall have no obligation to r. sw/imur~ce o~ Termm's personal or business
to any other persun, for any damages on accoum of loss, damage (g theft to any personal or business propen-y
of the Tananc Tanam shall hold hannlcss Landlord for any cl~mage to prope~y or pga'soil. Tcalau[ mils!
submit to Landlord s property hlsurance eeriifieate.
HIRING OF LANDLORD'S EMPLOYBE$. During the Term of tiffs Lease or any extei~on or renewal of
this Lease or wh~in sixty (60) days afl~ Tenant vacates and sur~nder$ the Leased P~niaes, Tenant shall
offer employm~t, cause to be offered =,gAoyment, or accept for employmant, in any capacity, any person
who has been or who withia sixty (60) days prior thereto, has been an employee o£Landlord. In the event of
s~ry suoh ~tion by the T~ut, hacause of thc a~liy of asce~-~i-~ exact a~m~es, Landlord shall have
right to tem~i~s~ the Lease and to recover from Teus~t the sum of $~,000.00 for each per~on as liquidated
damages for each such bseach~
LANDLOP, D'S LL~LITY.
a. Landlo~l shaU nnt be liable or rcspo=sl~ole to Tc~ant for ,my iajury or damage resulting from thc acts or
omissions of Landlord's employees, pe~o~ leasing office space or services from the Landlord, or other
persous occupY'~g any part of the bmldiag o~ which the Leased Prcmisas is a pttt, ~neludlng bm not ~im;~ed to
clerical; secretarial or word process/ng mistakes. Furthermore, Landlord ~hs!l ~lot be liable or rasp~us~le to
thc Tensm for any iiljth3, or a~m*~ to person or property caused by ~ p~rson (excel~t for such loss or
g~msge arising ~ the willful or ~'ossly negligent luiseollduct of the Laudlord, it~ agents, servants or
employees) or from the Landlord's f~ilu~e to m~ha any ~pai~s which i~ is obligated to ~,,~l,e hereunder.
b. L~dlord shall not be liable to Tc~ult by l~ason o/`~y ~-ailu~ to p~vicle, or ~he inadequacy of utilities,
heat or air cond/tion, m.~.tonanc~ of janitorial services ox repairs, ox for any naglige~ce on th~ part of the
owner of the Pt~xises orits agents.
SURR. E~DER OF I.T~F.,D PR_EMISE$. Ten-,,~ a~reas to surrander and deiiver the Leased Premises U~
Landlord without de~cl tbe~for and in good conditiou promptly upon cxi~iratlon or sooner termination of
this I.~ase or any cxtandad term hereof.
DBFAULT.
a. It shall be s default by T~n~ under this Lease if (i) Tenant fails to pay, withholds, deducts or offsets any
rent, charge for semcas or facililies or other payment due to L~ndlord for i period of five (5) dab after notice
of such failure from Landlord to Tenant, (ii) fails to observe or perform any other provisions of this Lease
iacludi~ Rules and Regulations 0txhfbit "D~) for a period o£ten (10) days after wriltan ~ofice of such failure
from Landlord to Te~,n~ (iii) T~, vacates the Leased Premis~ other lh~tn in the ordinary course of
bu.,+~-,s without havi~g fxrst paid to Landlord rcnt ~ othcr charges due or to become due until cxpirafima of
the stated term or (iv) Tenan~ makes an assi_enment/'or the benefit of creditors, files a voluntary petilion under
any b~nt'mptcy or insolvancy law, involuntary peri, un under any such law is fled against Tenant and not
discharged wi,s~ sixty (60) days or Tanunt becomes iasolvont.
b. Mthe Tenant defaults under this Lease, (i) Landlord may termln~te this Lease, (ii) Landlord may recover
and take possession oftbe Leased Premises, rcmovc sll pexsons and property ~m and disconnoc! any
telephone lines installed for the benefit of Tan;mt, all wilhout being deemed to have comm{~ed any trespass,
(iii) Landlord may impound Tan;rat's properly and sell it at auction ~ private sale, applying the proceeds
therefrom to any tmpaid rent or other charges, iacludin~ costs o£co/lect/on, and holtfin2 thc
responsible for all daficiancy, (iv) Landlord may recover, i~ addition to any pent and othc~ churSes already due
al~d payable, all rent for thc cntirc unexpired balance of th~ ~a~tod ;~fil of tlfis Leese a~l all costs incuixed by
Landlord to recover sums for Tan;mt, including reasonable attorney f~as, and/or Landlord may recover
damages from Tcnsllt. Ail rights and remedies of Landlord under Ibis Lease ~hnll be cumulative and in
addilion to any oth~r rishts and remedies available at lsw or in equity.
c. No failur~ by Landlord to exercise any light or remedy ox to insist upon slrict pcrfovm~ce/'ollowin~ a
dc/`ault by Te~allt shall cons~t~te a waiver of such default by Landlord Nilrth~ no acceptance of f~ll or
paxtial payment during the continuancc of any breach sh,l! constitute a waiver of any such breach or any such
mrm or conditi~m. No m~n or condition of tlds Lease r~luired to be performed by Tenant, and any breach
thereof, shall be waived, altered or modifi~l, ~xc~pt by a written insl~umont ex~onted by Landlord. Waiver of
breach shall effect or alter any term or condilion of this Lease and each such term or condition shall continue
in ~ force and eff~t with r~spe~ to a~y oflgr th~n existing or sube~Iu~lt bresch tl~renf.
12. M~CEL~U$.
a. If either pa.ny ha~ $iven notice to the other of terr~in~fion of this Leas~ or if Tenant is in defatdt under
Lesse, Landlord shsll h~v¢ the right to show the Leased Prem/ses to prospective t~-ts. Landlord shall have
li~e right W inspect the Leased Premises at any
b. A~y no,ice under ~ Lease mus~ be in w~dtten form and s~nt by certified mail, remm r~ceipl
th~ parl~ of whom i~t~lcd at i~ address met forth in this Lease o¢ at such other address for which proper
=ogee is ~iwn. Any s~¢h nmice shall be deemed to l~ave be~ gi~ and received when done p~sonally or
twenty-four (24) hours after il is deposited, postate prepaid, in the Uinted Stated mail.
¢. Tenant may not ~ or sublet th~ Leased t',~,ises. Neither all nor any pail of ~h¢ Te~,-es interest
hcl~under in lhe Leased Prem/ses may be enc~mhered, assigned, or Iransferred in whole or/n part, either by
the act of the Tenant orby operaiion of law.
& This l.~ase contains the entire a~ement of the parties and there are no representaii~m warranties or
a~eements between th~m except as scl forth in this Lease. Tiffs Lea~e may ,,or be modified, amended or
supplemont~d ~p¢ by wri~ end si~l~l ~y ho~h p~.
c. ~ provisi~rs of this Lease which ~ prove to be invalid, voi~ or illegal ,I~I in no way effect, impair,
or invalidato any other provision her~£ancl s~ch other provision(s) shall rcr-~i~ in ~11 for~ and effect_
1~. INTERF~T AND COLLI~9'TIOlq IL~PI~ISE$. Interest shall Icerue on any monim dee from Tenam to
Lenctlord t-om the date the Dame ar~ cl~e (inchidi~ rent .-,~ money advan~d by Landlord to otbe~s on
account of th. failur~ of T~mt to per~rm herctmd~) at the rate of omc and one-hnlf'percent (1 1/2%) per
month until lh~ slun~ iD paid and Tenant shall, pal' tl~ interest upoa demand. If Landlord ¢ol~-ults a~y aliomey
for ~he ~ollection of eny stwas clue from Tenaat or othei'wi~ in connection with Tencm's perfon~ace
hereunder, Tenant shllll, wh~ther or no~ pro¢~din~s am i~slimted, r~burse Landlord the reasonable attorney
f~es and caort ens~, if any.
I ~. n~. wrn~ss ~oF, thc r~dinrd ~i T~ ~ave si~ this I.~ase this
of ~ ,2002.
TENANT
PA GIVING
LANDLORD
HIGH ASSOCIATES, LTD.
By ~ /-'
4
lIO~ '(LI;~ '30S~V HDIH SSPT ¢8~ £I£ XV~ 99:~T ¢00~/90/90
~ g00~/90/90
EXECUTIVE Olq~lCES
AT RO$SMOYNE
SmvJ. ces Included
Furnished office. Includes built-in desk, exeomivc altair, two guest chairs and pedestal files.
Personalized telcpho~ coverage dining offtc~ hours. Landlord shall provide telephone answering and
r~eption service as reasonably requined from 8:00 a.m. to 5:00 p.m., Monday tl'.rou~h Friday, excep~ for
normal holidays.
Furnished, decorated recep~on area with ~eoeptionist,
Mail receipt and forwarding.
Conferoncc Room: Tc~snt may use the Confferenc~ Room on a r~cr~a~m basis or witllout rcservafio~ if not
previously rascrv~
Suite number on office door and corporau: identity on directory sign.
Telepholle hardware (o~e phone set pet
All utilities and janitorial mrvice.
Dat~ T tials
I-andlorg's Initials
5
~:~T ~'~'lal ~00~/90/90
,~ ~LW3EC~TiV'~ O~I~iCES
AT I~OgRMOYNE
Services Available
,~ec'tem,"'ial service fro' fee paid Dy Tenant.
Telephone insiallatioo and sen, icc cbargcm. T~mt sh,t! be responsible for the in~all~ion s~l service charges
~o conner Tella~'s lines to the receptionist desk and t~lephone room and ,ahsl! be ~espotm'ble for its own
mlcphone sex~icc a~ ms~n~-v?,e ~. Laadlord shall assist in mst-~g arrangements for such inst~llafion
and service if requesled by Tenant.
Teaant will be charged for phooe li~e relocation fee if move is reques~d by Tonant
Ls~alord shall p~cvide photocopy service and ~ cost fh~efo~ *~il ~ ass~sed on a per copy basis, Tenant
acknowledges that L~ndlord/s not rcsponsible for machine breakdowns or lack of sut~plies and fha!
reproduclion or photocopy service will not elways be c~ou~,
l~ederal BXpress ser~c at Tr~,~t's expeuse.
UPS delivm-y service.
Date I,u/lials I-.~ ~ s ~
6
rI0~ '~L~ '3095V HDIH 88~ ~6l li1 D'H i~:rI ~00g/90/90
~ ~ECUTIV~ OFFICES
AT ROSS.MOYI~;
10.
11.
12.
Rules md Rc~h~ions
No corridors shin be obstruel~l or encxu~-~l by a~y Tenant or used for any purpose other *~.- ingress and
egress to ancl from the space ~.~_ ;~ed to such Ter~nt.
No sig~, adve~isements, or ~ projeclio~s shsl! be atlached to the hallways, doo~, or windows of the
building.
No Temmt shall mark, pap~, paint, bore inW, make any all. fattens or addition to, erin any way deface any
pall,/ncludi~ cquipment ~ fixtures, of/he leased space or thc building o£whic~ it forms a part, without the
prior va~en cousent of/_~nalord.
No Tensor ~-]! m~ke, or p~rm.it ~o be made, any tmsezmly or disturbing noises or disturb or intor~n~ with
o/her Temn~ or occupanls of the lmildin~ or premises whether by the uso of any mus/cel i~tmm~mr, radio,
television s~t, other audio device, umw_,_~;~al noise, whistling, singing, or hi any othe~ way.
No Ten*e~ shall use or occupy or p~nit any per,on of'~ space dm~ised to such TM*et to be u~d er
~ccupied as an employment bureau or for file storage, m~mffacture of sale of liquor, narcotics or illegal grugs.
Landlord shall havc the right m proh/b/t any advertisiag by any tenant wh/~h, in Landl~d's ophi/on, tends to
ii.air the repulsion of the Bufldhig, aud upon notice fi'om L~dlord~ suoh T~n~m ~ refrain from or
discanlinue such ad~a.-nisi=g.
No space demised to any Tenant shall be used, or pemiil~ed to be used, for lodging or slezphig or for any
The requi~mm~s of Tenant~ will be attcnded to only upon application at the office of Landior~ Building
~,i~ployees shall no! be required to perfor~ and shall not be rcquested by any Te~nt ~o perform, a~¥ work
ou~ide of ~cir regular duties, unless under specific inaructions fi'om th~ office of L~-~dlord or the buildint
Canvassing, soliciliug, and peddling hi thc buildings ate prohibited and each T--*,,t shall cooperate to prevent
No ~nlmsl. of a/ly kiad .ksll be brought into or kcpt about thc building by any Tcusnt.
Te-=.t shall immm/iate~y notify the buildhig management of any ser/ous b~almge, or fire or disorder, which
comes to its attention in i~ p~m~/ses or az~v of thc c~mmon ~eas of the build/rig,
Tenant shall not make uny clmnges to any locks on the Premises,
Dam ls
7
gTO~ '(L.T,~ '30S~V HSIH ~9tT ~6~ £TZ /~ £g:~T ~00~/90/90
*[~996 OS I'"d/~]
G~:fz [Hz] ~00Z/90/90
AMENDMENT //1 TO THE .LEASE
AD,ti'tONAL SPACE
("Landed") ~ud JEN ~'t.r~C~TtONS, V/C. ~/K/A PA orr'lNG, INC4~T~am~,).
A. T~t m~d Landlord ente~d into a le~e ~ed $~mc 4, 200~, where~ Tennnt lea~ed o/Tices 24 and 30
at th~ ~tive Ofl~ces at Rossmoy~, $000 R.~ttor ~.ond, (the 'cJ~uildin§"), Me~micsburg, Pennsylvania. The
aforesaid lease/s herein l~'en'~ d to as th~ "Lense?'
B. Te~n-~ de~ip-_s W lense additional space/., th~ Build~ as ret forth
NOW, 'll-lp./~Ol~, the partie~ hereto, inmnd/n~ to be legally bo, m~ a/re= as follows:
1. Effecf/v¢ ~ the period Sept~lber 1,2002 to March 31, 2003 (month-to-month the~afler with either
Te~-~ or Landlo~ g/ring ~irty (30) days wri~en ~oti~e to vacate), tl~ p~mses le~od und~ the Lease (thc
"Pl~mlises") ~hsl! be e~q~and~d to/nclude the nddit/onal space/n Ihe ~ consi~t/n~ of ~//23, as aborn on
Exh/bit "A.2' hereto at~cl~l (the '~/~pam/on Prem/ses"). Th~ ~ixpn~s/~n Pr~n/ses are not contiguous to
2. Dur/ng ~e nbove stated period ~pplicabie ~o the Expansion lh~n/ses, all the tem~ and condit/c~s of
the leas~ shah npply ~o th~ Expnndon Premiss as flit were ~ o~/g/nd pazt of the 1~-~;--~. subje~ to the follow/n~:
The p~'ties to fo~ abow r~'~nced Lense un.nd Part I, by replacing Sections 1, 2 and 3 with the following:
1, Le~sedP~-mises: $000R/tterl~ad, su/te202, P.O. Box779
F_xecm/ve Of/ices at Rossmoyne
Offices 2~, 24, nnd 30
Mechnnicsbur~, Pe/m~lvan/a 17055-0779
2.
T~rm
3. MomMy
S~ptentber 1,200,2
March 31, 2003
*0Vfonth=to-month thereafter with either Landl~d or T~ant givin~
thirty (30) days w~itten notice to vacate, wi/h file term ending on the l~t day
of th~ f~llowing full mon~.)
Su/t~ 2~, 24, a~d 30 - S~ptomber I, 2002 to Marc~ 31, 2003 - $1,700.00
n~ WITN~S WBE~OF th~ ~i~,
day of ~.N, ~1~ ~..~ _ . 2002. intending to bc logally bound, ~ave signed this Allle~dment as of the
PUBLICATIONS, ]SWC.,
~-~GH ASSOCIATES, LTD,, "Landlord"
900~ 'O~q '30S~¥ HDIH 88~ C6E ZTZ I'VH ~g:~T Coo2/~o/~n
,®
I. (~)
EXHIBIT "A"
TI-IE EXECUTIVE' ~IC:E$ AT
~0o~ '(LT,~ '30SS¥ HDIH 88rr gsg ZT& IV~ ~:rI coo2/~o/gn
A. MENDMENT //2 TO TIlE LEASE
ADDITIONAL SPACE
LTl)., CTandiord") and JEN PUBLICATIONS, INC.,
2002, between HIGII ASSOCIATES,
BACKGROUND
A. Tenant and Landlord entered into a lease dated lun¢ 4, 2002, and amended th¢~.~er, wherein
T=nant lcased offi~s 23, 24, and 30 at the .F. xevutJ ye Offices at Ro~swoyne, 5000 Ritter Road, (the "Building")i
M~..lmuicsburg, Pennsylvania. The aforesaid I~se is herein referred to as the
B. Tenant desires to lease additional sp~ve in tile Building as set forth here/n.
NOW, Tt-~SREFORE, the parties hereto, intending to be legally bound, agr~ as follows:
1. HffeC~tiv¢ for the period OcWbe. r 14, 2002 to March 31, 2003 (month.to-month th~-c/~¢r w/th
e/thcs T~nam or Landlord ~iv/ng tlm~y 00) dZys written no~c~ to vacate), th,, premises le/~d under the Lea~
(th~ '~Pmmises") shall b~ expanded ~o include the additional ~pace fit thc Building consisting of Office//25, as
shown on Exhib/t "A-2" lmreto attached (the "Expansion Premise~'). The Expansion Prem/ses arc not
cont/guous to the Premises,
2. During the above stated period applicable to rite Expansion Premises, all the t~nus and
conditio~ af the le~se slu~ll apply to the Expansion ?mmise$ az if t~ x~re an original par[ of t. be Pcemi~¢% subject
to tbe follow/rig:
Thc pzrt/cs to thc above r~ferenced Lease antcnd Par[ I, by replacing Sections 1, 2 and 3 with the
following:
I, Leased PremL~$:
$000 R/t~er Rcad, Suite 202, P,O. Box 779
Executive Offices at Reasmoyn'
O/~cgs 23, 24, 25, and 30
M~chauic~burg, Pennsylvania 17055-0779
2. Tcrm
T~rm Ends:
October 14, 2002
*March 31, 2003
*(Month-to-montl~ fl~¢rcafler with ~/thcr Landlord or Tenant giving
thirty (30) days written notice to vacate, ,,xdth thc term ending on thc last
day of the following fall month.)
Monthly P,~t:
Suite23 - $ 200.00
Suite24 - $ 600,00
Suite25 - $ 300.00
Suite 30 - ~ 900.00
$2,000.00
.... L,'q W1TNESS WI-~, OF the pa~i~s, intending to be legally bound, l~av¢ $igned this Amendment a~ of
thc Is · 2oo .
~I/N~IONS, INC., "Tenant"
HIGH ASSOCIATES, LTD., "Landlord"
?oo~ '(~%q '30SSV HDIH ~ ~6~ LTL XVH ~:~I ~00Z/90/90
J®
~[&~96 ON ~:[/~&] ~:~T ~ ~00Z/90/90
Jen Pubii;;~iiona, Inc.
Jamie Klzer
428 Bridge Street
New Cumberland, PA 17070
MAKE CHECKS PAYABLE TO:
High Associates, Ltd.
P.O. Box 64047
Baltimore, MD 21264
STATEMENT
6/4/2003 352.02401 I
5000 Rtttar Road
Suites 23, 24, 25 & 30
Mechantceburg, PA 17055
0/17/2002 H10 Copier Billing 3.90 0.00 3.90
9/1712002 H13 Fax Charges 15.00 0.00 ' 15.00
9117/2002 292 Postage Charge 14.39 0.00 14.39
9/17/2002 H22 Voice Mail Charges 5.00 0.00 5.00
9117/2002 399 Supplies 0.75 0.00 0.75
9/17/2002 199 Sales Tax Liability - PA 1.48 0.00 1.48
10/1/2002 000 Rent Charge 1,700.00 0.00 1.700.00
10/11/2002 199 Sales Tax Liability - PA 1.97 0.00 1.97
10/tt/2002 HIO Copler Billing 12.90 0.00 12.90
10/11/2002 Ht3 F~x Charges 15.00 0.00 15.00
10/11/2002 292 Postage Charge 85.68 0.00 85.55
10/11/2002 H22 Voice Mail Charges 5.00 0.00 5.00
11/1/2002 000 Rent Charge 2.000.00 0.00 2,000.00
11/1512002 HI 0 Copier Billing 55.50 0.00 55.60
1'1/15/2002 H13 Fax Charges 15.00 0.00 t5.00
11/15/2002 292 Postage Charge 102.14 0.00 102.14
11/15/2002 399 Addltlonal Phone= 32.00 0.00 32.00
11/15/2002 199 ~,ales Tax Liability - PA 7.36 0.00 7.36
11115/2002 H22 Voice Mail Charges 20.00 0.00 20.00
12]1/2002 000 Rent Charge 2,000.00 0.00 2,000.00
12/t3/2002 H10 Copier Billing 31.30 0.00 31.30
12/13/2002 199 Sales Tax Liability - PA 4.00 0.00 4.00
12/13/2002 H13 Fax Charges 15.00 0.00 15.00
12/13/2002 292 Postage Charge 27.86 0.00 27.85
12/13/2002 H22 Voice Mail Charges 20.00 0.00 20.00
12/13/2002 399 2 Envelopes 0.30 0.00 0.30
1/1/2003 000 Rent Charge 2.000.00 0.00 2,000.00
1/13/2003 199 Sales Tax Liability - PA 2.52 0.00 2.52
111312003 H10 Copier Biffing 22.00 0.00 22,00
1/13/2003 292 Postage C~narge $.41 0.00 5.41
Any questions, please ~,all 717-209-4021
gO0~ '(LL~ '30~5¥ H~IH SStt CSg ~TZ ~d ~:~T C00~/90/90
[LB96 O~ XI:t/X~] ~:~I I~ ~00Z/90/90
Jan Publications,
Jamia K[zer
428 Bridge Street
New Cumberland, PA 17070
MAKE CHECKS PAYABLE TO:
High Associates, Ltd.
P.O- Box 64O47
Baltimore, MD 21264
STATEMENT
~202401 I
5000 Rltte~; Road
Suites 23, 24, 25 & 30
Mechanicsburg, PA 17055
1/13/2003 H22 Voice Mall Charges 20.00 01~ 20.~
2/1/2003 000 Rent Charge 2,000,00 1,000.00 1,000.00
2/14/2003 H22 Voice Mail Charges 20.00 0.00 20.00
2114/2003 199 Sales Tax Liability - PA 1.20 0.00 1.20
Any queStions, please call 717-209..4021
CD,
SHERIFF'S RETURN -
CASE NO: 2003-03612 P
COMMONWEALTH OF PENNSYLVAiqIA
COUNTY OF CUMBERLAND
HIGH ASSOCIATES LTD
VS
JEN PUBLICATIONS INC
REGULAR
BRIAN BARRICK ,
Cumberland County,Pennsylvania,
says, the within COMPLAINT & NOTICE
JEN PUBLICATIONS INC
DEFENDANT , at 1332:00 HOURS,
at 428 BRIDGE STREET
NEW CUMBERLAND, PA 17070
JAMIE KIZER, PRESIDENT OF
a
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 18th day of August , 2003
COMPANY
by handing to
true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.73
Affidavit .00
Surcharge 10.00
.00
39.73
Sworn and Subscribed to before
me this 29 ~ day of
--~rothonotary ' '
So Answers:
R. Thomas Kline
o8/i9/ oo3
DUANE MORRIS ~_~
Deputy Sheriff
HIGH ASSOCIATES, LTD.,
Plaintiff
JEN PUBLICATIONS, INC.
Defendant
In The Court Of Common Pleas of
Cumberland County, Pennsylvania
Civil Action - Law
No. 03-3612 Civil Term
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please enter a judgment by default upon the Defendant in the above-captioned matter in
the principal amount of$11,263.76 together with the costs of suit. I certify that a 10-day notice,
a copy of which is attached hereto, was mailed to Defendant on September 11, 2003.
Attorney ID No. 76652
DUANE MORRIS LLP
305 North Front Street
P.O. Box 1003
Harrisburg, PA 17108-1003
(717) 237-5511
Attorneys for Plaintiff
Date: October 2, 2003
HIGH ASSOCIATES, LTD.,
Plaintiff
go
JEN PUBLICATIONS, INC.
Defendant
In The Court Of Common Pleas of
Cumberland County, Pennsylvania
Civil Action - Law
No. 03-3612 Civil Term
IMPORTANT NOTICE
TO: Jen Publications, Inc., 428 Bridge Street, New Cumberland, PA 17070
DATE OF NOTICE: September 11, 2003
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAIl,ED TO TAKE ACTION
REQUIRED OF YOU IN TH/S CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. 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
717.249.3166
DUANE MORRIS LLP
305 North Front Street
P.O. Box 1003
Harrisburg, PA 17108-1003
(717) 237-5511
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, tl~is 11th day of September, 2003, I, Mindy R. Fink, a paralegal in the law offices
of Duane Morris LLP, hereby certify that I this day served a true and correct copy of the foregoing
Important Notice by placing the same in the United States First Class Mail, C~'tified, postage prepaid,
at Harrisburg, Pennsylvania, addressed to the attomeys or parties of record as follows:
Jen Publications, Inc.
428 Bridge Slreet
New Cumberland, PA 17070
CERTIFICATE OF SERVICE
On this 2nd day of October, 2003, I, Mindy R. Fink, a paralega! in the law offices of
Duane Morris LLP, hereby certify that I have served this day a true and correct copy of the
foregoing Praecipe to Enter Default Judgment in the above-captioned matter, by depositing
same in the United States First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those
persons and addresses indicated below:
Jen Publications, Inc.
428 Bridge Street
New Cumberland, PA 17070
HIGH ASSOCIATES, LTD.,
Plaintiff
JEN PUBLICATIONS, INC.
Defendant
In The Court Of Common Pleas of
Cumberland County, Pennsylvania
Civil Action - Law
No. 03-3612 Civil Term
REVISED PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.ILC.P. 3101 to 3149
To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER.
1. Directed to the Sheriff of Cumberland County, Pennsylvania,
2. against Jen Publications, Inc., 428 Bridge Street, New Cumberland, Cumberland
County, Pennsylvania, 17070;
3. and index this writ against Jen Publications, Inc., directing the Sheriff to levy
upon the personal and business property of the Defendant including, but not limited to, jewelry,
office furniture, office equipment, money, tools, and all other sundry personal and business
property, on his premises and to sell his interest therein.
Amount due $11,263.76
Interest at 1.5%/month $ 1,516.96
Attomey's Fees $ 1,494.54
Total $14,275.26 ~~ Q.~
Dated: October 28, 2003
Attorney for Plaintiff
NOTE
Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the
county should be indicated.
Under Rule 3103a writ issued on a transferred judgment may be directed only to the sheriffof the county in which issued.
Paragraph (3) above should be completed only ifa named garnishee is to be included in the writ.
Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance is desired as authorized by Rule
3104(a). When the wht issues to another county indexing is required as of course in that county by the prothonotary. See Rule
3104co).
Paragraph (4) Co) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is
desired. See Rule 3104(c).
HIGH ASSOCIATES, LTD.,
Plaintiff
JEN PUBLICATIONS, INC.
Defendant
In The Court Of Common Pleas of
Cumberland County, Pennsylvania
Civil Action - Law
No. 03-3612 Civil Term
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER.
Directed to the Sheriff of Cumberland County, Pennsylvania;
against Jen Publications, Inc., 428 Bridge Street, New Cumberland, Cumberland County,
Pennsylvania, 17070;
and index this writ aga'mst Jen Publications, Inc.,
Amount due $11,263.76
Interest at 1.5% /month $ 1,516.96
Attorney's Fees $ 1,494.54
Dated: October 23, 2003
Tl;omas L. Isenberg, Jr'., Baq. ·
Attorney for Plaintiff
NOTE
Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the
county should be indicated.
Under Rule 3103a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued.
Paragraph (3) above should be completed only ifa named garnishee is to be included in the writ.
Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance is desired as authorized by Rule
3104(a). When the writ issues to another county indexing is required as of coarse in that county by the prothonotary. See Rule
3 ! 04CO).
Paragraph (4) Co) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is
desired. See Rule 3104(c).
HBG\I21191.1
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO03-3612 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HIGH ASSOCIATES LTD Plaintiff (s)
From JEN PUBLICATIONS INC 428 BRIDGE STREET, NEW CUMBERLAND
CUMBERLAND COUNTY PENNA 17070
(1) You are directed to levy upon the property of the defendant (s)and to sell INCLUDING BUT
NOT LIMITED TO JEWELRY-OFFICE FURNITURE-OFFICE EQUIPMENT-MONEY
-TOOLS AND ALL OTHER SUNDRY PERSONAL AND BUSINESS PROPERTY ON
HIS PREMISES AND TO SELL HIS INTEREST THEREIN.
(2) You are also directed to attach the property of the de£endant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount DueS 11,263.76
Interest 1.5%/MONTH $1,516.96
Atty's Corem %
L.L.$0.50
Due Prothy $1.00
Atty Paid $121.73
Plaintiff Paid
Date: OCTOBER 23, 2003
Other Costs ATTORNEY'S FEES $1,494.54
(Seal)
REQUESTING PARTY:
Name THOMAS L ISENBERG, JR
Address: 305 N. FRONT STREET P O BOX 1003
HARRISBURG PA 17108-1003
CURTIS R. LONG
Prothono~
By:
Deputy
Attorney for: PLAINTIFF
Telephone: (717) 237-5500
Supreme Court ID No, 76652
HIGH ASSOCIATES, LTD.,
Plaintiff
JEN PUBLICATIONS, INC.
Defendant
In The Court Of Common Pleas of
Cumberland County, Pennsylvania
Civil Action - Law
No. 03-3612 Civil Term
ATTORNEY'S AFFIDAVIT
I, Thomas L. Isenberg, Jr., an attorney with the firm of Duane Morris, LLP, hereby affirm
that the address and phone number of PlaintiffHigh Associates, Ltd. Headquarters is 1853
William Penn Way, Lancaster, PA 17605-0008, 717.291.2284. I also affirm that the enclosed
judgment is valid, enfomeable, and has not been satisfied.
Date: October 23, 2003
By:~
DUANE MORRIS, LLP
305 N. Front St., 5th FI.
P.O. Box 1003
Harrisburg, PA 17108-1003
717.237.5500
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED, DUE TO BANKRUPTCY.
Sheriff's Costs:
Docketing $ 18.00
Poundage 1.44
Advertising
Law Library .50
Prothonotary 1.00
Mileage 12.42
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Garnishee
TOTAL $ 73.36
Advance Costs: 150.00
Sheriff's Costs: 73.36
76.64
Refunded to Atty on 01/05/04
Sworn and Subscribed to before me
this/3 ~¢ day of ~
Pr0thbnotary
R. Thomas Kline, Sheriff