HomeMy WebLinkAbout08-2472e ?-
D
HAROLD SWIDLER, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V. NO:
CHRISTOPHER K. SARAGO CIVIL ACTION - LAW
a/k/a CHRIS SARAGO and LORI J.
McGILL-SARAGO a/k/a LORI SARAGO,
husband and wife,
Defendants
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 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas diguientes, usted tiene viente (20) dias de plazo al partir de la fecha de
la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por
abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avidaso que si usted no se defiende, la corte tomara medidas y puede
entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es
pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166
HAROLD S WIDLER,
Plaintiff
V.
CHRISTOPHER K. SARAGO
a/k/a CHRIS SARAGO and LORI J.
McGILL-SARAGO a/k/a LORI SARAGO,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 69- - ?-Y7)- t- N - I +--r-
CIVIL ACTION - LAW
COMPLAINT
AND NOW COMES, Plaintiff, Harold Swidler ("Mr. Swidler"), by and through his
attorneys, Cunningham & Chemicoff, P.C. and files the within Complaint and in support thereof
state the following:
1. Plaintiff, Harold Swidler, is an adult individual who resides at 315 Washington
Lane, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendants are Christopher K. Sarago a/k/a Chris Sarago and Lori J. McGill-
Sarago a/k/a Lori Sarago, husband and wife who reside at 1418 Red Hill Road,
Dauphin, Pennsylvania 17018.
3. Mr. Swidler is the owner of certain premises located in Cumberland County
known as 876 Harrisburg Pike, North Middleton Township, Carlisle,
Pennsylvania 17013 (the "Premises") which he rented to Defendants under a
Commercial Lease (the "Lease") dated December 31, 2005, a true and correct
copy of which is attached hereto as Exhibit "A" for the period January 1, 2006
through December 31, 2010.
4. Defendants paid rent to Plaintiff and other financial obligations under the Lease in
2006. However, Defendants' last (partial) rent payment to Plaintiff was made on
January 12, 2008 (applied to overdue rend for October, 2007) and no rent
payments have been made since that time. Additionally, Defendants have failed
to pay 2007 real estate taxes as required under the Lease. As such, Defendants are
in default of the Lease due to non-payment of monetary obligations thereunder.
5. Defendants left and abandoned the Premises on February 11, 2008, surrendering
possession of the Premises to the Plaintiff.
6. On January 15, 2008, Plaintiff notified Defendants about the aforementioned
monetary defaults under the Lease by certified mail. A true and correct copy of
this default letter is attached as Exhibit "B" (the "January 15, 2008 Default
Letter"). Defendants received the January 15, 2008 Default Letter as evidenced by
the certified mail receipts, true and correct copies of which are attached hereto as
Exhibit "C".
7. Defendants are also in violation of the Lease due to (1) their subleasing separate
portions of the Premises to two (2) separate entities; and (2) their failure to
maintain the Premises in accordance with the law and municipal ordinances
resulting in citations issued by North Middleton Township against Plaintiff
("Citations"). True and correct copies of the Citations are attached as Exhibit "D"
(collectively these two (2) defaults shall be referred to as the "Non-Monetary
Defaults").
On February 5, 2008, Plaintiff notified Defendants about the Non-Monetary
Defaults under the Lease by certified mail, a true and correct copy of which is
attached hereto as Exhibit "E" (the "February 5, 2008 Default Letter")
Defendants received the February 5, 2008 Default Letter as evidenced by the
certified mail receipts, true and correct copies of which are attached hereto as
Exhibit "F".
9. It is believed, and therefore averred, that Defendants have also failed to pay utility
bills on the Premises under Paragraph 4 of the Lease and to maintain insurance on
the Premises per Paragraph 8 of the Lease.
10. Defendants failed to cure, within ten (10) days of receipt of the February 5, 2008
Default Letter, the Non-Monetary Defaults and have failed to make any payments
as required under the Lease since the January 15, 2008 Default Letter.
11. Plaintiff cured the Non-Monetary Defaults by terminating the aforementioned
subleases and resolving the issues identified in the Citations for which Plaintiff
paid filing fees, a sum total of $716.00 to resolve the Citations.
12. Plaintiff has terminated the Lease by letter dated March 4, 2008, a true and correct
copy of which is attached hereto at Exhibit "G" (the "Termination Letter").
Defendants failed to claim the Termination Letter as evidenced by the envelopes
which were returned, true and correct copies of which are attached hereto as
Exhibit "H". Also on March 4, 2008, the same letters were sent to Defendants via
regular mail to the same address and they did not return as undeliverable,
evidencing receipt thereby.
COUNT I - BREACH OF CONTRACULEASE
13. The averments of Paragraphs 1 through 12 are incorporated herein by reference as
if more fully set forth herein.
14. Defendants have breached their Lease with Mr. Swidler as follows:
a. By failing to pay rent in a timely fashion;
b. By failing to pay real estate taxes at the Premises;
C. By failing to pay utilities at the Premises;
d. By subleasing portions of the Premises;
e. By failing to maintain insurance on the Premises; and
f. By failing to maintain the Premises in accordance with the applicable
municipal ordinances.
15. Plaintiff has been damaged by Defendants' breach as set forth below.
a. Past due Monthly Base Rent in the amount of.
i. $315.40 for October, 2007
ii. $5,715.40 for November, 2007
iii. $5,715.40 for December, 2007
iv. $5,886.86 for January, 2008
V. $5,886.86 for February, 2008
vi. $5,886.86 for March, 2008
vii. $5,886.86 for April, 2008
for a Total of $35,293.64.
b. Overdue 2007 real estate taxes in the amount of $6,608.61, as of April 15,
2008 plus $44.05 per month interest as levied by the Cumberland County
Tax Bureau.
C. Future Monthly Base Rent due under the Lease from May, 2008 through
December, 2010, which totals $194,800.76.
d. The cost of resolving the Citations, $716.00.
e. Costs and attorney fees which at present are $2,000.00 plus ongoing costs
and attorney fees.
f. The cost of providing utilities to the Premises and insurance under the
Lease through the expiration of the Term of the Lease(an amount which
has not yet been determined);.
16. Plaintiff is also entitled to interest at 18% for all sums due and under the Lease
(which currently as of April 15, 2008 totals $1,594.49), plus ongoing interest.
WHEREFORE, Plaintiff, Harold Swidler, demands Judgment in his favor against the
Defendants, Christopher K. Sarago a/k/a Chris Sarago and Lori J. McGill-Sarago a/k/a Lori
Sarago are husband and wife, for damages as a result of the breach of contact currently calculated
at $214,013.50, an amount which exceeds the limit of compulsory arbitration in Cumberland
County, Pennsylvania plus costs under the Lease and at law, plus the costs of utilities and
insurance through the term of the Lease, plus ongoing interest, costs, attorney fees and other just
relief that the Court deems appropriate.
CUNNINGHAM & CHERNICOFF, P.C.
By
Bruce J. Wars "w, Esquire
PA Identification No: 58799
2320 North Second Street
Harrisburg, PA 17110
Telephone: (717) 238-6570
Date: April' , 2008
FAHome\BJW\DOCS\HSWIDLER\Sarago Big Ugly Warehouse\Complaintmpd
VERIFICATION
I, Harold Swidler, hereby verify that the statements made in the foregoing COMPLAINT
are true and correct to the best of my knowledge. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities
Date: fr /? co,
arold Swidler
F:\Home\B] W \DOCS\FORM S\LITGEN\ V ERIFication. wpd
EXHIBIT `A'
LEASE
LEASE AGREEMENT dated as of this 31 day of VPC,61aL005, between Harold
Swidler ("Landlord") and Peter Kenneth and Patty Sarago, Chris Sarago and Lori Sarago ("Tenant"),
with an address of 303 Kay Road, Mechanicsburg, Pennsylvania 17050, phone number 717-645-3134.
For valuable consideration received and acknowledged by each party from the other, the parties,
who intend to be legally bound hereby, agree with each other as follows:
1. Demised Premises.
(a) Landlord hereby leases to Tenant, and Tenant leases and takes from Landlord, 876 Harrisburg
Pike, North Middleton Twp., Cumberland County, Pennsylvania (the "Property"), except that portion
which is reserved by Landlord as shown on the attached Exhibit A (the "Demised Premises"). The area
shown outlined in red on. Exhibit "A", located on the East side of the building situated on the Demised
Premises is not included. The Demised Premises as it is specifically referenced by Landlord (the
"Excepted Land"). However, so long as Landlord is not using the Excepted Land, Tenant may use the
Excepted Land under a non-exclusive license, so long as Tenant specifically includes the Excepted Land
under the Insurance Provision contained hereunder in Paragraph 8. The Demised Premises shall be used
only for retail sale of merchandise considered within good taste and acceptable by community standards
and for no other purposes.
(b) Tenant accepts the Demised Premises "as is" and in their present physical condition, and with
their present legally permitted uses; provided, however, that prior to the commencement of this Lease,
Landlord shall have caused the repairs or the windows in, and shall have painted, the Demised Premises.
(c) Tenant also agrees that if Landlord uses the Excepted Land for which Landlord must provide
Tenant with thirty (30) days notice. Landlord shall also be permitted to use Tenant's ingress and egress
to Harrisburg Pike under a name exclusive license and without cooperation therefor without restriction.
2. Term and Options.
(a) The initial term of this Lease shall continence on January 1, 2006 (the "Commencement
Date") and shall end on December 31, 2010 (the "Initial Term"). Tenant shall have one (1) five (5) year
Option (the "Option Period") which shall automatically vest, unless Tenant notifies Landlord at least
one hundred eighty (180) days before the Initial Term expires that Tenant does not want to exercise the
right to keep the Demised Premises for the Option Period. In the Option Period, all terms and conditions
of this Lease shall remain the same, as modified in Paragraph 3 (Rent) below.
3. Rent.
(a) Tenant agrees to pay Landlord Base Rent for said Demised Premises in the sums specified in
the Rent Table below ("Base Rent"). In addition to and together with Base Rent, Tenant shall pay to
Landlord any sales or similar tax or levy imposed by the Commonwealth of Pennsylvania and any
political subdivision thereof on all Rent and other payments due under this Lease from Tenant to
Landlord. The term "Rent" as used in this Lease shall include Base Rent, Additional Rent and all other
payments due from Tenant to Landlord pursuant to this Lease. All Rent is payable monthly in advance
without set-offs or deductions of any kind, upon the first day of each calendar month of the Lease. Base
Rent shall be due and payable on March 1, 2006 ("Rent Commencement Date"), but all other sums due
Landlord under this Lease and all sums due and payable by Tenant directly for the Demised Premises
shall be payable on the Commencement Date.
In the event that the Commencement Date of this Lease is other than the first day of a month,
Rent for such first partial month shall be prorated and paid on the signing of this Lease by Tenant.
Applicable Rent Table
Lease Year Annual Base Rent Monthly Base Rent
Year 1 $67,240.00 $5,603.33
Year 2 $68,584.80 $5,715.40
Years 3, 4 and 5 S-886 IN
and in Option Period The amount of the prior year Base Rent plus three percent (3%).
(b) Tenant agrees to pay Landlord all real estate taxes and Landlord's insurance premiums
relating to the Property and as Additional Rent hereunder, to be paid monthly together with the payment
of Base Rent, in an amount estimated by Landlord with appropriate adjustment and payment upon
demand when such amounts are actually determined for the periods to which they are applicable.
(c) Any payment of Rent hereunder which is not paid within ten (10) days of the due date shall
bear interest at the rate of eighteen percent (18.0%) per annum until the date actually paid, but the
collection of said interest shall not constitute a waiver by Landlord of its remedies hereunder for default
of Lease on account of non-payment of Rent.
4. Conduct of Tenant's Operations. The Tenant covenants: that no waste or damage shall be
committed upon or to the said Demised Premises or upon the Property by the Tenant or its agents,
servants, employees, invitees or customers. Tenant shall not permit, allow or suffer to exist any liens
upon the Demised Premises or the Property for labor or materials furnished. At the expiration of the
term of this Lease or upon cancellation thereof, Tenant shall peacefully yield up to Landlord. said
Demised Premises in good order and repair and broom clean. Tenant shall affix or display no signs upon
the Demised Premises or the Property without first having obtained the written approval of Landlord and
all necessary permits and licenses therefor.
Throughout the term hereof, Tenant, at Tenant's own cost and expense, shall: maintain and repair
the roof and the structural elements of the Demised Premises; maintain the Demised Premises in a clean
and sanitary condition; make all repairs to the Demised Premises as are necessary to preserve them in
good order and condition, including, but not limited to, maintenance and repair of the interior walls, all
doors and windows, wiring, plumbing pipes and fixtures, duct-work, any signs, and installation of the
glass and electrical and lighting fixtures, which repairs and installations shall be equal in quality to the
original work, or to such superior condition as to which the Demised Premises may be put during the
term of this Lease, and which shall be performed only by persons or entities first approved in writing by
the Landlord; promptly pay the expense of such repairs and installations; supply and install all lights and
lighting to the extent replacement of existing lights and lighting shall be necessary to keep the Demised
Premises adequately illuminated; give prompt notice to Landlord of any damage that may occur;
maintain the heating, ventilating, plumbing and air-conditioning systems; and to execute and comply
with all rules and orders of any Board of Fire Underwriters having jurisdiction over the Demised
Premises.
Tenant shall make no alteration to the Demised Premises or the Property without the prior
written consent of Landlord, which consent may be withheld by Landlord for any reason in Landlord's
sole discretion. Any alterations or improvements by Tenant to the Demised Premises shall become part
of the Demised Premises; provided, however, that at Landlord's election, such alterations, other than
those constituting Tenant's Work as described in Section 17 of this Lease, shall be removed and the
Demised Premises restored to its original condition at the sole cost and expense of Tenant upon
termination of this Lease for any reason.
Landlord's sole obligation with respect to maintenance or repair of the Demised Premises shall
be for structure only, except to the extent that such maintenance and repair is necessitated by the
negligence or willful acts of Tenant, in which event such maintenance and repair shall be the
responsibility of Tenant at its sole cost and expense.
Tenant shall pay all personal property taxes and excises assessed upon Tenant's goods and
properties located at the Demised Premises before same shall become overdue. Tenant shall place in its
name and pay for all utilities consumed by Tenant or rendered to the Demised Premises.
5. Conduct of Business. Tenant shall always conduct its business in a good and orderly manner,
secure all necessary permits and licenses and comply with all present or future applicable laws,
ordinances, by-laws, rules and regulations. The Demised Premises shall be used for only the purposes
stated above, shall not be used for any unlawful purpose, and no violations of law, ordinance, by-law
rule or regulation of any governmental authority shall be committed thereon.
Tenant covenants and agrees that the business activities which it intends to conduct in the
Demised Premises do not use any hazardous materials or substances. Tenant and its successors, assigns,
subtenants, licensees, concessionaires and occupants and their agents, employees, contractors, and
invitees, shall not, at any time during the term hereof cause or permit any hazardous materials or
substances to be brought upon, stored, manufactured, blended, handled, or used in, on, or about the
Demised Premises or the Property for any purpose.
6. No Assignment, Subletting or Encumbering. Tenant shall not assign, sublet, mortgage or
encumber this Lease or the Demised Premises or suffer or permit the Demised Premises or any part
thereof to be used by any other person or entity, without on each occasion obtaining the prior written
consent of Landlord, which Landlord may grant or withhold in its sole discretion. Should Landlord
consent to an assignment or subletting pursuant hereto, Tenant shall nonetheless remain fully liable and
responsible for the performance of each term or condition of this Lease.
7. Landlord Not Liable. Tenant shall indemnify, defend and hold Landlord harmless from and
against any and all actions, claims, demands, fines, liens, penalties, liabilities or costs (including
attorneys' fees) incurred in connection with any loss, damage or injury to persons (including the Tenant,
its agents, servants, employees, customers or occupants) , to property (including that of the Tenant) , or
on account of violations of laws, ordinances, by-laws, rules and regulations, any of which occur in, on or
about the Demised Premises or the Property or in the operations or activities of Tenant and its agents,
servants, employees, customers or occupants on or about any portion of the Demised Premises and the
Property.
Tenant agrees to be responsible for any damage to the property of Landlord which may result
from any use of the Demised Premises or the Property, or any act done or omitted by the Tenant, its
agents, servants or employees, or any person coming or being thereon and on the Property by the license
or sufferance of the Tenant, express or implied.
Landlord shall not be liable to Tenant if Landlord does not become the legal owner of the
Demised Premises, for any reason whatsoever.
8. Insurance. During the Lease Term, Tenant, at its sole cost and expense, shall provide and
keep in force:
(a) commercial general liability insurance with the broad form endorsement, including, but not
limited to, personal injury and contractual liability coverage of not less than $2,000,000.00 combined
single limit for both bodily injury and property damage resulting from a single occurrence, occurring in
and around the Demised Premises and any exterior signs maintained by Tenant, and automobile liability
insurance with limits of not less than $2,000,000.00 combined single limit for both bodily injury and
property damage resulting from one occurrence;
(b) workmen's compensation insurance at legally required levels and employer's liability
insurance at limits of not less than $500,000.00 per accident for the benefit of all employees entering
upon the Demised Premises or the Property or any portion thereof as a result of or in connection with
their employment by Tenant;
(c) casualty and other insurance covering loss, injury and damage to Tenant's personal property
and fixtures in or on the Demised Premises; and
(d) at all times during which construction is being performed upon the Demised Premises by
Tenant, "All Risk" builders risk insurance with limits of coverage not less than 100% of full replacement
cost of Tenant's leasehold improvements and Owner's and contractor's protective insurance and
independent contractor's insurance with coverage of at least $2,000,000.00 for a single occurrence and
for property damage.
All said insurance shall be with such companies, and in such form, as are satisfactory to
Landlord, and shall contain only such deductible amounts for each such coverage as have first been
approved by Landlord in writing; Tenant shall in any event be responsible for all deductible amounts.
Landlord and its mortgagees shall be designated as additional insures under all said insurance for the full
amount thereof. Tenant shall furnish Landlord proof that Demised Premises are covered by Tenant's
policy(ies) and that said policy(ies) shall not be terminated or fail to be renewed except on thirty (30)
days prior written notice from the insurer to the Landlord. Replacement policies shall be provided to
Landlord at least thirty (30) days prior to expiration of a previous policy. If Tenant shall use the
Demised Premises prior to the term hereof, Tenant shall be liable as herein set forth and such occupancy
shall be upon all the terns and conditions hereof and shall be by Tenant at its own risk.
9. Security.- Tenant shall deposit with Landlord, upon Tenant's execution of this Lease; the sum
of $11,206.66, the first month's Base Rent ($5,603.33 for the period March 1, 2006 through March 31,
2006) and $5,603.33 as a security deposit, to be held by Landlord as collateral security fee for the
payment of any and all money for which Tenant shall or may become liable to Landlord under this
Lease. Landlord shall be entitled to retain such security deposit without obligation to pay interest
thereon and to commingle said funds with other funds of Landlord. If Tenant shall be in default with
respect to any covenant, duty or obligation of Tenant under this Lease, then such security deposit or any
part thereof may be applied by Landlord (but Landlord shall not be obligated to do so) to the damages
sustained by Landlord as a result of such default; no such application shall be deemed to limit the
amount of Landlord's claim or as a waiver of any damage or release of any indebtedness, and any claim
of Landlord not surrendered in full by any such application shall remain in full force and effect. After
any such application by Landlord and immediately upon request by Landlord, Tenant shall pay to
Landlord an amount equal to the sums so applied so that Landlord shall always be in possession of a
sum equal to the original security deposit stated above. Upon termination of this Lease, the Tenant not
being in default hereunder, the security deposit, or so much thereof as has not been applied by Landlord
as provided herein, shall be returned to Tenant. In the event of conveyance or other transfer of the
Demised Premises, Landlord's remittance of the security deposit or any remaining portion thereof to
Landlord's transferee shall release and relieve Landlord of any further obligation or liability to Tenant
with respect to the security deposit.
10. Default by Tenant.
(a) A default hereunder shall occur if. (i) Tenant shall fail to pay any amount due Landlord on or
before the date due; (ii) Tenant shall fail to perform or observe any other agreement or condition on its
part to be performed or observed, and if Tenant shall fail to cure said failure within ten (10) days after
written notice of said failure from Landlord; (iii) Tenant or any guarantor of this Lease shall suffer an
attachment or levy upon execution against any of his or its real or personal property; (iv) Tenant or any
guarantor of this Lease shall become insolvent or shall file bankruptcy or reorganization proceedings
under federal or state law, or such proceedings are filed against Tenant or a guarantor of this Lease; (v) a
receiver shall be appointed for Tenant or a guarantor of this Lease or any of his or its property; or (vi)
Tenant or a guarantor of this Lease shall make an assignment for the benefit of his or its creditors.
(b) Upon a default by Tenant under this Lease, Landlord may:
0) elect not to terminate this Lease or Tenant's right to possession of the Demised Premises, and
enforce all of Landlord's rights and remedies under this Lease, including the right to recover the Rent as
it becomes due and payable by Tenant. No acts by Landlord to maintain, preserve or re-let the Demised
Premises, or to appoint a receiver to protect Landlord's interest under this Lease, or to remove property
or store it at a public warehouse or elsewhere at the cost of and for the account of Tenant, or otherwise,
shall constitute an election to terminate this Lease or Tenant's right of possession unless written notice
of such intention is given by Landlord to Tenant. Landlord may elect to terminate this Lease upon a re-
letting of the Demised Premises or at any other time after electing the remedy provided by this
subsection, in which event the rent shall cease to accrue and the damages provided by subsection (ii)
shall become available to Landlord.
During the period Tenant is in default, Landlord may enter the Demised Premises and re-let
them, or any part of them, to third parties for Tenant's account. Re-letting may be for a period shorter or
longer than the remaining tern of this Lease. Tenant shall pay to Landlord the Rent' due under this
Lease on the dates the Rent is due, plus the amounts necessary to compensate Landlord as specified in
subparagraphs (i) through (iii) below, less the Rent Landlord receives from any re-letting. If Landlord
re-lets the Demised Premises for Tenant's account as provided in this subsection, Rent that Landlord
receives from re-letting shall be applied to the payment of: (i) first, all costs incurred by Landlord for re-
letting, such as (without limitation) repairs and refurnishing, broker's commissions, attorneys' fees and
rent inducements: (ii) second, any indebtedness from.Tenant to Landlord other than Rent due from
Tenant; and (iii) finally, Rent due and unpaid under this Lease. After deducting the payments referred to
in this subsection, any sum remaining from the Rent Landlord receives from re-letting shall be held by
Landlord and applied in payment of future Rent as Rent becomes due under this Lease. If, on the date
Rent is due under this Lease, the Rent received from the re-letting and applied to Rent due is less than
the Rent due on that date, Tenant shall pay to Landlord the remaining Rent due.
(ii) Terminate this Lease and all rights of Tenant and any subtenants, licensees or
concessionaires hereunder by giving written notice of such intention to terminate. In the event that
Landlord shall elect to terminate this Lease as provided in this subsection, then Landlord may forthwith
recover from Tenant: any Rent then due, as well as the excess of the total rent reserved for the remainder
of the term over the rental value of the Demised Premises for the said residue of the term, together with
any other amount necessary to compensate Landlord for all the detriment proximately caused by
Tenant's failure to perform its obligations under this Lease or which in the ordinary course of events
would be likely to result therefrom, including Landlord's attorneys' fees.
(c) Upon a default by Tenant under this Lease, Landlord may, but shall not be required to, cure
such default at the sole cost and expense of Tenant, and the cost of such cure shall be payable to
Landlord upon demand.
11. Removal of Tenant's Property. Upon the expiration, termination or cancellation of this
Lease, if Tenant has failed to remove any property brought upon the Demised Premises or the Property
by Tenant, then and in that event said property shall be deemed abandoned by Tenant and shall become
the property of Landlord, or Landlord may notify Tenant to remove same at Tenant's own cost and
expense, and upon failure of Tenant so to do Landlord may, in addition to any other remedies available
to it: (a) sell the property at a public or private sale, on the Demised Premises or elsewhere (without
thereby waiving any claim against Tenant for any deficiency in sums owing Landlord from Tenant over
the proceeds of the sale), and after deducting any sums due to Landlord hereunder, hold any balance for
the account of Tenant; or (b) remove said property as the duly authorized agent of Tenant, and store the
same in the name and at the expense of Tenant, or those claiming through or under it under any usual or
proper form of warehouse receipt, whether or not authorizing the sale of said property for nonpayment
of storage charges, without in any way being liable for conversion or negligence by reason of the acts of
Landlord or anyone claiming under it or by reason of the negligence of any person in caring for said
property while in storage, and Tenant will pay to Landlord the costs of removal and storage, irrespective
of the length of time of storage.
12. Notice. Notice from Tenant to Landlord shall be properly given if delivered by nationally
recognized overnight courier service such as Federal Express or Express Mail to Landlord, as follows:
315 Washington Lane, Carlisle, Pennsylvania 17013 with a copy to Bruce J. Warshawsky, Esquire,
Cunningham & Chernicoff, P.C., 2320 North Second Street, Harrisburg, Pennsylvania 17110. Notice
from Landlord to Tenant shall be properly given if delivered by such nationally recognized overnight
courier service or certified mail, return receipt requested to the Tenant at the Demised Premises.
13. Tenant's Claims Against Landlord. Notwithstanding anything to the contrary in this Lease,
any judgment or award obtained by Tenant against Landlord shall be satisfied only out of Landlord's
interest in the Property and the monies receivable by Landlord therefrom. Neither Landlord nor any of
its general or limited partners, officers, directors, shareholders, beneficiaries or employees shall have
any personal liability for any matter in connection with this Lease or its obligations as Landlord of the
Demised Premises or owner of the Property. Tenant shall not institute, seek or enforce any personal or
deficiency judgment or award against Landlord or any of its general or limited partners, officers,
directors, shareholders, beneficiaries or employees, and none of their personal or real property except for
the Property shall be available to satisfy any judgment hereunder. In no event shall Landlord be required
to pay a sum of money greater than the value of its equity in the Property in order to satisfy any
judgment or order against Landlord arising from litigation or arbitration. In the event of any sale or
transfer of the Demised Premises or die Property, the seller, transferor or assignor shall be and hereby is
entirely freed and relieved of all agreements, covenants and obligations of Landlord thereafter to be
performed, and it shall be deemed and construed without further agreement between the parties or their
successors in interest or between the parties-and the purchaser, transferee or assignee in any such sale,
transfer or assignment that such purchaser, transferee or assignee has assumed and agreed to carry out
any and all agreements, covenants and obligations of Landlord hereunder.
14. Subordination; Certificates.
This Lease shall always be subordinate to any mortgage or mortgage deed of trust which is now
or hereafter a lien or encumbrance against the Demised Premises or the Property, without the necessity
of any further act or instrument on the part of the Tenant. Notwithstanding, the Tenant agrees that within
seven (7) days of a written request by Landlord, Tenant will deliver to the Landlord or any prospective
mortgagee or purchaser a written and acknowledged statement (i) that this Lease is valid, subsisting, in
full force and effect and unmodified (or, if modified, that the Lease as modified is valid, subsisting and
in full force and effect and stating with specificity all modifications); (ii) the dates to which the rent and
other charges have been paid; (iii) the Lease term; (iv) that all conditions to Tenant's possession of the
Demised Premises and commencement of the Lease Term have been satisfied, if accurate, and if not,
stating those conditions which have not been satisfied; (v) that neither party is in default under any
provisions of this Lease, if accurate, and if not, stating any defaults; (vi) that there are no offsets-or
defenses which either party has against the other (or if there are any offsets or defenses then claimed,
stating the nature of same with specificity); and (vii) such other information as may, be reasonably
requested. It is intended that any such statement delivered pursuant to this Section may be relied upon by
the parties for whom it is intended.
15. Brokers. Tenant represents and warrants that it has dealt with no broker, agent or finder on
account of this Lease. Tenant agrees to defend, indemnify and hold harmless Landlord from and against
any and all claims, damages and costs, including attorneys' fees, in connection with any claim for
brokerage, finder's or similar fees, or compensation related to this Lease, which may be made or alleged
as a result of acts or agreements of the Tenant with a person or entity other than the one specified in this
paragraph.
lb. Casualty; Eminent Domain. In the event that the Demised Premises or the building
containing the Demised Premises are, wholly or in part, damaged by fire or other casualty, taken by
eminent domain, or sold to a public authority in lieu of being taken by eminent domain, then Landlord
may terminate this Lease on thirty (30) days written notice to Tenant.
If this Lease is terminated under the preceding sentence, neither Landlord nor Tenant shall be
obligated to repair, restore or reconstruct the Demised Premises. If this Lease shall not be terminated as
provided above, this Lease shall continue in full force and effect, and Landlord shall, within thirty (30)
days after receipt of casualty insurance proceeds or an eminent domain award (as the case may be), and
solely to the extent thereof (after deducting Landlord's costs and attorneys' fees of collecting the said
insurance proceeds or said award) , proceed with the repair or restoration of the Demised Premises and
the building containing the Demised Premises and return the Demised Premises and the building
containing the Demised Premises to substantially the same condition they were immediately preceding
the damage or destruction. If any of the Demised Premises shall be rendered unusable on account of
such casualty damage or taking, Rent shall be abated for the portion of the Demised Premises rendered
unusable until the same are again usable by Tenant. Upon Landlord's substantial completion of
restoration of the Demised Premises, Tenant shall promptly repair or replace all of its personalty
damaged or destroyed, including, but not limited to, its trade fixtures and furniture.
17. Tenant's Work and Sign. Notwithstanding any other provisions of this Lease to the
contrary, Tenant shall perform at Tenant's sole cost and expense upon and to the Demised Premises, the
following work: install Tenant's retail fixtures and sign, as approved in writing by Landlord (hereinafter
collectively referred to as the "Tenant's Work") . All materials comprising the Tenant's Work shall be
new and of first class quality. All Tenant's Work shall be performed in a good and workmanlike manner,
shall not adversely affect the structural integrity of the improvements of the Property and shall be and
remain in full compliance with all applicable federal, state and local laws, ordinances, by-laws, rules and
regulations and in strict conformity to the plans and specifications provided to Landlord. Prior to
commencing Tenant's Work, Tenant shall deliver to Landlord copies of applications and permits
certified by Tenant to be true, complete and correct, and copies of construction plans, if any.
18. Interpretation of Agreement. The agreements, terms, covenants and conditions herein shall
be governed and interpreted by the laws of the Commonwealth of Pennsylvania. Nothing contained in
this Lease shall be deemed or construed as creating a partnership or joint venture between Landlord and
Tenant. Although this Lease shall bind and inure to the benefit of Landlord, Tenant and their respective
heirs, personal representatives, successors and permitted assigns, this section shall not constitute a
permission or authorization by Landlord to Tenant to assign or in any way transfer its interest in this
Lease. Tenant hereby acknowledges that except as and to the extent specifically provided for in this
Lease, neither Landlord nor any of its agents, representatives or employees, have made any
representations, warranties, agreements or promises, and none shall be implied by law. Landlord may
freely assign this Lease. This Lease is intended by the parties to be a final expression and a complete and
exclusive statement of the agreement of the parties regarding the subject matter hereof, and all
negotiations between the parties are merged herein. Except as expressly provided herein, this Lease
cannot be changed, modified or terminated orally, but may be amended only by an instrument in writing
executed by the party against whom enforcement of any waiver, change, modification or discharge is
sought. Time shall be of the essence hereunder. The delivery of an unsigned copy of this Lease to
Tenant shall not constitute an offer to lease the Demised Premises or grant any rights to Tenant as a
result thereof. This Lease shall not be binding on Landlord or Tenant until executed by Landlord and
Tenant aid delivered. The parties agree that this Lease should not be construed against one or the other
based upon which party prepared or drafted the Lease.
IN WITNESS WHEREOF, this Lease Agreement has been duly executed by the parties hereto
under seal as of the date written above.
LANDLORD: 4,
Darold Swi TENANT:
?_,?---
??'&
Peter Kenneth Sarago
r
Patty SaAgo ?J
r
hris
Lon S go
F:U-TOMEIBIWVDOCSIHSWIDLERU.EASE876. WPO
EXHIBIT `B'
4
JORDAN D. CUNNINGHAM CUNNINGHAM & CHERNICOFF, P. C.
ROBERT E. CHERNICOFF
MARC W. WITZIG ATTORNEYS AT LAW
BRUCE J. WARSHAWSKY P.O. BOX 60457
KELLY M. KNIGHT HARRISBURG, PENNSYLVANIA 17106-0457
TRACY L. UPDIKE
TELEPHONE (717) 238-6570
FAX (717) 238-4809
HERSHEY TELEPHONE
(717) 5342833
IRS NO. 23-2274135
Street Address:
2320 N. 2nd Street
Harrisburg, PA 17110
Writer's Direct Email:
biwAcclawoc.com
January 15, 2008
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
and REGULAR MAIL
Mr. Peter Kenneth Sarago
876 Harrisburg Pike
Carlisle, PA 17013
Mr. Chris Sarago
876 Harrisburg Pike
Carlisle, PA 17013
Ms. Patty Sarago
876 Harrisburg Pike
Carlisle, PA 17013
Ms Lori Sarago
876 Harrisburg Pike
Carlisle, PA 17013
RE: 876 Harrisburg Pike, Carlisle, PA 17013
Lease Dispute
File No: 613205
Dear Messrs. and Mses. Sarago:
Please be advised that our office represents Harold Swidler, the Landlord of the Premises
located at 876 Harrisburg Pike, North Middleton Township, Cumberland County, Carlisle, PA
17013 (the "Property"), under that certain Lease dated December 31, 2005 by and between
Harold Swidler as Landlord and you as Tenant (the "Lease").
You are currently in default under the Lease for failure to pay the sum of $2,115.40' in
Monthly Base Rent for October, 2007.
You are also in default for failing to pay the Monthly Base Rent of $5,715.40 for the
months of November, 2007 and December, 2007.
This letter was authored before your S 1,800.00 payment made on or about January 12, 2008,
which is acknowledged and which shall be applied to the total amount due on Page 3 of this letter.
i
CUNNINGHAM & CHERNICOFF, P.C.
ATTORNEYS AT LAW
Mr. Peter Kenneth Sarago
Ms. Patty Sarago
Mr. Chris Sarago
Ms. Lori Sarago
January 15, 2008
Page 2
The Monthly Base Rent for the calendar year 2008 is $5,886.86, based upon a 3%
increase over the Monthly Base Rent in effect in the calendar year, 2007. You have failed to
make any payments towards the January, 2008 Monthly Base Rent, thus, are also in default of the
Lease for this reason as well.
As you know, rent is due monthly in advance on the first (`day of each month.
You are also in default under the Lease in that you have failed to pay all real estate taxes
for 2007 relating to the Property, consisting of the 2007 county/township tax and the 2007 school
tax, both of which are now beyond the penalty period. Copies of the aforementioned tax bills are
attached to this correspondence. Additional costs have also been levied by the Cumberland
County Tax Claim Bureau due to your failure to pay either tax bill before December 31, 2007.
Additionally, all of the sums due and owing set forth above bear interest at a rate of 18%
per annum pursuant to Paragraph 3(c) of the Lease.
Pursuant to Paragraph 10 of the Lease, you have ten (10) days to cure the above-
mentioned defaults.
Specifically, you must pay, prior to February 1, 2008, the outstanding 2007 real estate
taxes in their entirety, plus penalties and other charges imposed by the Cumberland County Tax
Claim Bureau in the total amount of $6,476.36, as set forth in the attached statement and/or any
other taxing authority.
You must also pay, prior to February 1, 2008, the following:
$2,242.32 for the outstanding Monthly Base Rent plus interest for October, 2007;
2. $5,972.59 for the outstanding Monthly Base Rent plus interest for November,
2007;
3. $5,886.86 for the outstanding Monthly Base Rent plus interest for December,
2007;
x ?
CUNNINGHAM & CHERNICOFF, P.C.
ATTORNEYS AT LAW
Mr. Peter Kenneth Sarago
Ms. Patty Sarago
Mr. Chris Sarago
Ms. Lori Sarago
January 15, 2008
Page 3
4. $5,975.16 for the outstanding Monthly Base Rent plus interest for January, 2008;
and
5. $5,886.86 for the Monthly Base Rent will come due for February, 2008.
The total of the Monthly Base Rent due plus interest is $20,076.93.
Your failure to pay the above-referenced sum and all outstanding taxes for the Property,
and thus, curing all defaults, will leave Mr. Swidler with no alternative but to terminate the Lease
and file suit for all Rent due and owing through the end of the term of the Lease, December 31,
2010.
Please be guided accordingly.
Very truly yours,
C rING H AM & CHERNICOFF, P.C.
. I/. Bruce J. W awslcy
BJW/ja
Attachment
cc Harold Swidler
FAHome\BJWIDOCS\1fSWIDLER\876 HsrtisWq Pike\L011408.wpd
EXHIBITT'
z
I?3
v?
I
i
n
3
n
7
i
i
N
y
0 0,
a c 0-
?Mrt
3 5
z
3
6
3
3
D
-r
O
O
Cr
O
O
' P_ ' .
yr
o
O
r3 > w
0
? O
- u
O
? a
N
ru
o ( g
a (?
? v
0
? r ?? i ??
O 7 --e O I. I.
m
co ?
a
(Doniestic Mail Only,- No lnsarx?ce
Coverage Provided)
.delivery information visit our w, :;t www
us
s
coni
Ir
ti .
p
.
rv
Ln
Postage
$
j>
C3
O
certified Fee
O
O Retum Rec Fee
(Endorsement Reeiptquired)
t P
O Restricted Delivery Fee
O (Endorsement Required)
rl
0 Total Postage & Fees $
..0 Q I
1n; P Q
O
o
N
t
L/?IcG ?2
UR AW IC- -- - y ------ _ _ - -------- --- ----rl --; Postal Service
c3 CERTIFIED MAIL. •
117
r? (Doinestic Mail Only : Coverage Provided
. )
F
m Postage $ Q' j0
C3
O
Certified Fee
Return Receipt Fee P
(Endorsement Required)
O Restrided Delivery Fee
O (Endowement Required) /
O Total Postage & Fees $
-D
0 0 ..
O ?-CVL
r - Sheet, Ai?i Not .. n i --- 2' • -.• r-------------- A-----------------
O
O
Er
O
h-j
O
O
O
O
O
Ln
ru
ru
-.
G'
ru
E+
W
N
O
O
a
O
E-'
O
O
O
O
O
.47
Ln
ru
rU
.D
Er
rU
0
tr
FZ?
ti } 3 a IL
A W
? ?13
P.
3
cam,
¦ ¦ ¦
$
68 "UH
0 5a
Wild
=r
N
53
m
e.
n
??
O
03
R
M •
r--1
ru ..
ru
F
ru
Ln Postage
? CertMed Fee
O
O
O Retum Receipt Fee
(Endoreement Required)
O Fee
O (=== red)
ra
O Total Postage 8i Fees
Op 77r d 4U
r`• ?friu1 ani iii.::"-'•-•_••
CER I IFIEU MAIL- RECEIPT
(Domestic Mail Only; No Insurance Coverage Pr'ovrdec
17- i
"°" p
to Postage $ Q`
o?
CerdeFee
O ° (E .= JAN 1
O Restrldod Delivery Fee
O (Endorsement Required)
r•R
O Total Postage & Fees
O t o r1 , n
M1 k-- -------- - ----------- r PO oxBox No. Z/ ! 4 VA [i?1Jt.f' KP
/6
4 /t
EXHIBIT `D'
IL...- ..vv., sa•vd v.A.a?. flf Nfo UU40 r.ua
COMMONWEALTH OF PENNSYLVANIA
Iari OK oft
09-2-01
8QI M~ Nam
Palma P. 0011IR AL
2260 OP23M RD 8QI?i #3
CARL am, PAL
Tdwo.wK (717) 218-3250 17013-0000
SUM MA
FOR Y CASE
R
ON-TRAFFIC
COMMONWEALTH OF
PENNSYLVANIA
VS.
DEFENDANT: rwdE ra ADDnBae
1 &WZD 11
315 0Irorol111 XAM
CXLLZM, Ps 17013
BAROLD Z. ONZOLM ?- J
315 I.a1s Docket No.: IM-0000006-08
CLIMB=, PA 17013 Date Filed: 1/03/08
9230 993A LOCW1QI.a?ZOZ Of GUAM/I I I,E on PROPI?!
RNE COSTS:
FINE AND COSTS OTHERt. TOT/U_ DUE:
-
WITHIN TEN (10) DAYS OF RECEIPT OF-THIS SUMMONS YOU MUST:
PLEAD NorT GUILTY by nc*
fn? the mttpkgerfel ditfibtJudOe above In wdit-and t wardirq an anwrnt equal b the foist due
specil ed above. or If the fine poets are not gxwmed, iwwawb the am of MOO se cohbraf for your appearance at Vier, OR,
2 PLEAD NOT GULTY by bebn the nmigislriai district j?rdpe above and pue ft such collmWM for your appearance as the
maiummial d*w W" ? OR,
3- If you cannot afford in pay the total-due specNtsd above or the MOD cokftr , you w&vl: appear before the ma&WW dk*lCt julfpe
above b ender a plea;- ORS
4. PLEAD GUILTY byrroqf? them dfeoffGt above in wftXI, sipnklp to appropriate plea below. and forwaaft an
arnount equal b the bdT gdue ed labours: O
s. PLEAD GUILTY by appearing b*§oro"narytstartat III h IC judge above If the bdl due is not spewned.
IF YOU ARE FOUND GUILTY BY THE MAGIS a*AL DIs rmcT JUDGE AND MIIISH TO APPEAL, YOU HAVE THIRTY (30) DAYS TO
REQUEST A TRIAL DE NOVO IN THE OMM OF COMMON KE4&
ALL CHECKS OR MONEY ORDERS FOR FINE COSTS. FEES. OR FOR couATERAL. SHALL BE MADE PAYABLE TO
"MAC ISTERIAL DISTRICT NO. 09-2-01 - IDENTIFIEDABOVE AND SENT TO THE ADDRESS ABOVE
IF YOU FAIL TO RESPOND TO THIS SUMMONS WITHIN THE TIME SPECIFIED ABOVE, A WARRANT FOR YOUR
ARREST SHALL BE ISSUED.
_ If you are disabled and reWn a reosa ie acPoi a j #Q !MJ!l 1001!
CCoourtt srid?hs aarv?cas, pkmm contact die iWapbteriip DlatrYCt Court at the abovta ? ?",. -"'•
..•regor
telsihorm ntanbw. We are unmW to pfbvWe tran.portatlor?.
IF YOU INTEND TO RESPOND BY MAIL:
Detach and eonrpfeb the tower portion of efs arwwwria wilhh your signalise on in appropriar plea b W (1) or (2).
M' you PLEAD NOT GMTY. you ehsok or money order mud bo Inens amountof fhe toll due ag r dsd above.111ho btal
due to not epecllled, your cfreck or money oiler must be In ere arnowd of lISOM which will be hero forcolidwal for your
app.ararrce at trial. You wM be nmile by rn.Il of yow dale and lim fortrlM.
If you PLEAD GUILTY. encbes a check a money order In the anwint of to ON CILW epsdllsd -110 -' : Failure b remit th .1114
,. `'arrrorsrt of to &W oosla and fans VA rent in ft Issuance of a wanant for your aneet. Your check or money order Shall" madR ,?
Payer ID the 'Maghlerial District No.' above.
9 Kl DETA?H. t HEIM
..1mi'm Imp
l?wreum r rbvaoRrtfariy/`and kite (Falkwe'b kdicab a plea when forwarfk,q anarno(?eq, 4f ?'t°, r ,, ,•
M low l that I show ?bo
dw qwdfad guay plea being)
1. 1 PLEAD NOT GUILTY. Docket No.: >rrr-00 1166' 08
?. t nt ken t^r ur •rV ritoonn Nn - P5328690-3
A izw V7 avvo 11 • JJ
V•1.D.
f
f
t ?
t
t
1
L ._..
(if Uro U0410 r.U%l
' l?GD'?VY-4VV0 it •YV V.1.A,
COMMONWEALTH.OF .PENNSYLVANIA`
M OF: ?sRLiO
UK w:.
,09"2-01
mu mum"=
PAWA P.
Aditw.2260 -2PJLU= •JW. BOZ?S #3
C#ZL=OLS..PJL
T (717) 210-$250 17013-0000
ML06LD !: sIFmLS?
315 t10?=s?1?ODr .zan
CiBLZWAr PA 17013
576 -9f4
F*W AND C0MJ F W-
/1f 010 V000
FOR A gUMMgNpY CASE
N01V-TRAFFIC
COMMONWEALTH OF
PENNSYLVANUI
VS.
D?ENDANT:. ttvwtea,eAOOnESs
???•?a, ira?o=,>D s
313 Inuarnmrrm tr. iln
CiMLISI.M, pa 17013
r.un
L
Docket No.: l1-0000010-09
0819 FU& 1/03/00
COSM OTHER; Orr 7/E:
. ?F4KCEW OF THIS SUMMONS YOU MUST:
t. PLEAD NOrOt?ILTY by Mt! mapigaid distrlCt judge above In WFMrc and
speoNed above. or N 1f1e ?co" we not specified, toiwmd the am of &O.00 dal an GqW ID to *W ymcur appselel= atItrfd- ORS
2- PLEAD NOT amTy by bakim ft . maplslsm dlslrlCt ? ?a? W I dtebict judge above and poatlnq such oollriral for Your appearan= as the
3 . It you e ?a» b pa? ft told due specified above or fire 160 00 adlateral, You must appear bebrs the riser gMwW district Jtxf?s
4 amount a4rl lil above: ptrd0e above In wr*V, SVft Mm WPr'gAft Lis below, and brwardhp an
5. PLEAD GUX-TY by appearing bebm ft mtapletaW dretrict judge above x to told due Is not slpacillsd
IF YOU ARE FOUND GMTY BY THE MAGISTERIAL DISTRICT JUDGE AND WISH TO APPEAL, YOU HAVE THIRTY (30) DAYS TO
REQUEST A TRW. DE NOVO IN THE COURT OF C ANION PLEAS.
ALL CHECKS OR MONEY ORDERS FOR FWE, COSTS, FEES, OR FOR COLLAT ERAI SHALL BE MADE PAYABLE TO
'MAGISTERIAL DWRICT NO. 09-2-02 ' 9MAIT IFIED ABOVE AND SW TO THE ADDRESS ABOVE.
IF YOU FAIL TO RESPOND TO THIS SUMMONS WITHIN THE TIME SPECIFlm A80VE, A WARRANT FOR YOUR
ARREST. SHALL BE ISSUED
CW.. -Ileum
ntrltbK, Will we irtebb to proyMe
ftraportiftm
!F ?'OU INTEND TO •RESP(" 8V MAIL:
Arad o!4ft tbrbwer podbn of Mile a m morn w ffr Your sOMItae an the appropriate Pin km (t) or (9).
h You PLEAD NOT QUILTY. W ahedt or money Order must be in fm amount of ft told due
dt. it mot apeSMed. "or olmak ow aP edled above. If tfva I"
1nOntay order must be h the amount of 160:00 v*** will be held fa coNabral
appaararaos at VW ou wp be rtorllad by and of Vow dab and Mme for trW. for your
b YW PLFJID (XXTV. -rtclm am' q 1c or man order in the amount of IM toW due
ma"Itcf MM Ihe, OWN-411M uses w/ tm* in ft Uarartcs of a wanutt for your mst You led ckarar f;,Nure b remtM tits iri ,
. ; pOlabff b rie 'Msplata W Diprbt Na' abOVe, a.Yotrr'al»ck ntatsy odder Naa11 be•m?' .' -
*IE
t
1AA? 01 PLEA
i •? l ?'•? P? •voMstpuYyanti .
b due apeclfi6d above i ?h a.Ou16Y On bsirgks8reoo e? aMrxs to ktrAcate a pfsa.whan brwanditq an.anotit?ec- F y < ,
1 :I PLEAD NOT GUILTY. Docket Na:-ooooein-Asf
o 1 or eAn r_r ill TY PJ*stlmn Nn • P5322709-1`- •
r'et-era-?uun 11:4u
U.I X.
F.
4X
3W?
f
717 976 9836 P.06
i
TOTAL P.06
. u .
EXHIBIT `E'
kz r
JORDAN D. CUNNINGHAM
ROBERT E. CHERNICOFF
MARC W WITZIG
BRUCE J. WARSHAWSKY
KELLY M. KNIGHT
TRACY L. UPDIKE
CUNNINGHAM & CHERNICOFF, P.C.
ATTORNEYS AT LAW
P.O. BOX 60457
HARRISBURG, PENNSYLVANIA 17106-0457
TELEPHONE (717) 238-6570
FAX (717) 238-4809
HERSHEY TELEPHONE
(717) 534-2833
IRS NO. 23-2274135
Street Address:
2320 N. 2nd Street
Harrisburg, PA 17110
Writ6's Direct Email:
biw(d4cclawoc.com
February 5, 2008
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
and REGULAR MAIL
Mr. Peter Kenneth Sarago
876 Harrisburg Pike
Carlisle, PA 17013
Mr. Chris Sarago
876 Harrisburg Pike
Carlisle, PA 17013
Ms. Patty Sarago
876 Harrisburg Pike
Carlisle, PA 17013
Ms Lori Sarago
876 Harrisburg Pike
Carlisle, PA 17013
RE: 876 Harrisburg Pike, Carlisle, PA 17013
Lease Dispute
File No: 613205
Dear Messrs. and Mses. Sarago:
You have failed to respond, in any way, to my letter to you dated January 15, 2008,
another copy of which is enclosed. As you are aware, our office represents Harold Swidler ("Mr.
Swidler"), the Landlord of the Premises located at 876 Harrisburg Pike, North Middleton
Township, Cumberland County, Carlisle, PA 17013 (the "Property"), under that certain Lease
dated December 31, 2005 by and between Harold Swidler as Landlord and you as Tenant (the
"Lease").
In addition to the Defaults identified in my January 15, 2008 correspondence (for which
you had no grace period to cure the non-payment and for which you had ten (10) days to cure the
non-monetary defaults), you are also currently in default under the Lease for the following non-
monetary defaults for which you have ten (10) days from the date of this letter to cure, pursuant
to Paragraph 10 of the Lease, as follows:
1. Enforcement proceedings have been filed against Mr. Swidler by North Middleton
Township, as evidenced by the attached documentation due to your violation of
V
Mr. Peter Kenneth Sarago
Ms. Patty Sarago
Mr. Chris Sarago
Ms. Lori Sarago
February 4, 2008
Page 2
CUNNINGHAM & CHERNICOFF, P.C.
ATTORNEYS AT LAW
two (2) municipal ordinances, in violation of Paragraph 5 of the Lease. Mr.
Swidler has entered pleas of NOT GUILTY to each charge and we expect a
Hearing to be scheduled in the near future. We are also initiating contact with
North Middleton Township to determine what must be done to avoid future
prosecution under the ordinances and to remedy the alleged violations.
2. You have subleased the Property (the "Subleases"), in violation of Paragraph 6 of
the Lease without Landlord's consent to two (2) parties, Ken Morrow and an
unnamed party, who are physically located at the Property and who are both
copied on this letter and served by hand delivery (and who are, by copy of this
letter, hereby advised to make ALL payments under their respective Subleases to
Harold Swidler, in care of the undersigned'). You must provide copies of both
Subleases immediately for our review.
Your failure to pay the sums due and owing herein and those identified in my January 15,
2008 correspondence, including all outstanding taxes for the Property and clearing the municipal
issues, and thus, curing all defaults, as well as assigning the Subleases and all payments
thereunder will leave Mr. Swidler with no alternative but to terminate the Lease, remove you and
your Sublessees from the Property and file suit for all Rent due and owing through the end of the
term of the Lease, December 31, 2010.
Please be guided accordingly.
BJW/ja
Enclosure
cc Harold Swidler
Ken Morrow
Unnamed Sublessee
FAH0MCM% 1WSUiSWIDLER\S76 Harrisburg Pike\L020509.wpd
Very truly yours,
C GRAM & CHERNICOFF, P.C.
Bruce J. Wars awsky
Mr. Swidler will neither recognize the Subleases nor be presumed to be a Landlord to any
Sublessee until Mr. Swidler consents to the Subleases and the Sublessees agree to be bound by the terms and
conditions of the Lease (a copy of which is attached hereto), except for the monetary payment provisions which shall
be governed by the terms of the applicable Sublease.
EXHIBITT'
Z
I?
a
O
Cr
O
L-'
O
O
O
O
O
Ln
rv
-0
W
O
fw1t
I
N
z
Z
O
O
0'
O
1-+
O
O
O
O
O
Ln
ru
ru
0-'
W
L?
ru
C?
Gn
S? A?
C
?o?a8 51
31 0
.
Postal O CERTIFIED MAIL RECEIP1
M (Domestic -0
ni OFFICIAL USE
ru
-21
O Cer ifted Fee
O
O (Endorsement Re?qutireFee
d)
Restricted Delivery Fee
Im
(Endorsem
ent
Required) W
O u-
Total Postage & Fees ?!? bd
.A
O o
O
rU -
r?
m ••
? •??
o^
rv
ru
Ln Postage $
C3 Certified Fee
C3 Retum Receipt Fee
(Endorsement Required)
O Restricted Delivery Fee
O0 (Endorsement Required)
O Total Page & Fees
O
O
r M4 Apt No.;
or PO Box lye ?
??0
I WO
ON
r OCO?rH 8
x=
:C C
(E ` m d )
a?crr?o 5?2
a ?iQ `o dr
ru
IlJ
M
r u
Ir1.1
u1
p
O
a
v p
0
C3
r -0
V O
\ O
Z
.?Y
CV
> v
8 z
0
?
L iF k-,p
E
d
e V
Z
c co
=
JA??
a
o C6 'i
> a
E? 2
8-.2 =°>CD
Y
o wE
0 --E
5
? V m
C
w
o Wm
0 ; r
EEm c??mo
c Oz 0 _(Lth 0
o\
v
U 1
_a
Ed
d
?IR ?
,ot
ri
..D
M
M
..D
Q•'
fU
ru
u7
O
C3
O
C3
O
r•a
M
.A
O
O
r
I
E
7
Z
?t
a
VL
E'
?I
9
N
LL
co
n
J°
U
a
U
8
9
LL
M
o;
LL
F? CERTIFIED MAIL ?,, RECEIPT
(Domestic Mail Only; No Insurance Coverage Providec
o
- ,:.
k
n
'
Y
Ln Postage $
M
O
Certified Fee
? Retum Receipt Fee ?
(Endarsemer t Required)
C3 Restricted Delivery Fee
O (Endorsement Required)
G Total Postage & Fees $
Sent TO
-
----------•_••---- --- --------
Apt IYO
.;
or PO BoxAb. -------------
`
-
?"'' x
- -
-0
'
m (Domestic Only
Provided)
; Coverage
.0 delivery
For
,
0'
RJ
ti
Postage $
C3 Certified Fee
M
Return Receipt Fee A
k?Ore 7
(Endorsement Required) ,
p Restricted Delivery Fee
O (Endorsement Required)
r-1 0 Total Postage & Fees $ bd
p
C3
y?
Sent To
M1 3`Irnet, iipi Afo.; /
or PO Box No. C?
_ ??`
L
City State,7JR+4 ? , , > _ i) I <-
I '7
- P+ Form 3800, June 2002 See Reverse for Instructions
EXHIBIT `G'
• `P a
JORDAN D. CUNNINGHAM
ROBERT E. CHERNICOFF
MARC W. WITZIG
BRUCE J. WARSHAWSKY
KELLY M. KNIGHT
TRACY L. UPDIKE
CUNNINGHAM & CHERNICOFF, P.C.
ATTORNEYS AT LAW
P.O. BOX 60457
HARRISBURG, PENNSYLVANIA 17106-0457
TELEPHONE (717) 238-6570
FAX (717) 238-4809
HERSHEY TELEPHONE
(717) 534-2833
IRS NO. 23-2274135
Street Address:
2320 N. 2nd Street
Harrisburg, PA 17110
Writer's Direct Email:
biwna cclawac.com
March 4, 2008
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
and REGULAR MAIL
Mr. Peter Kenneth Sarago
876 Harrisburg Pike
Carlisle, PA 17013
and
303 Kay Road
Mechanicsburg, PA 17050
Mr. Chris Sarago
876 Harrisburg Pike
Carlisle, PA 17013
and
1418 Red Hill Road
Dauphin, PA 17018
Ms. Patty Sarago
876 Harrisburg Pike
Carlisle, PA 17013
and
303 Kay Road
Mechanicsburg, PA 17050
Ms Lori Sarago
876 Harrisburg Pike
Carlisle, PA 17013
and
1418 Red Hill Road
Dauphin, PA 17018
RE: 876 Harrisburg Pike, Carlisle, PA 17013
Lease Dispute
File No: 601608
Dear Messrs. and Mses. Sarago:
Please be advised that our office represents Harold Swidler ("Mr. Swidler"), the Landlord
of the Premises located at 876 Harrisburg Pike, North Middleton Township, Cumberland County,
Carlisle, PA 17013 (the "Property"), under that certain Lease dated December 31, 2005 by and
between Harold Swidler as Landlord and you as Tenant (the "Lease").
CUNNINGHAM & CHERNICOFF, P.C.
ATTORNEYS AT LAW
Mr. Peter Kenneth Sarago
Ms. Patty Sarago
Mr. Chris Sarago
Ms. Lori Sarago
March 4, 2008
Page 2
You are currently in default under the Lease for failure to pay sums due and owing in
Monthly Base Rent and real estate taxes, as specifically identified in my January 15, 2008 letter'
You are also in default as identified in my February 5, 2008 letter, which defaults remain
uncured.
As a result, please be advised that pursuant to 10(b) (ii) of the Lease, Mr. Swidler elects
to terminate the Lease.
Please be guided accordingly.
Very truly yours,
C GHAM & CHERNICOFF, P.C.
Y Y V 1.4-fA
v
Bruce J. War awsky
BJW/ja
cc Harold Swidler
F:\Home\BJW\DOCS\HSWIDLER\Sarago Big Ugly Warehouse\1,030308.wpd
Your non-payment default is ongoing as no payments haven been made since January 12, 2008.
. - 40
EXHIBIT `H'
0 , ,.. 40
F?
p.r.
}
O
w•
O Z
O M
.. k
H
µ m
Q
O C ;a
V MCC F+
y mnz
r
AD-4 n
_ OHO
k ? m (q ~
O OOm
:0 Z
E: 0
O O
u
a O
- ?'
O
O
W
d ? a
00
axe
o _
ao =_
? a.
U,
Q
a [n
z z
z
? a x
O
? o
r
Z O R°
n ><
z"? Z
a n
V 0
r-+
O p17
C31
V l J
-J
C3
G
G-
O
am
ki
r-3
O
O
G
rLi
Q"
W
W
W
Ln
Ln
Ln
J
(._1 to
hJ "? A
?+Y Xr #?f s; e}rF
m
m =OF
m
ru padw•
C3 C40 d F„
C3
r3 PAW
WOW
m fEna°"M
?,M,n°M"'ryi o-
0 Tom posma A A.
0
0
r%.
r -w+ >
x n
a
? a x
t7l
Z co
o
K
`s
r" o a
z
a n
V Q
o Iri
- o?
w
-%j
C3 MONOMMOMM
U! 1 C E cr
?.! O
0
O
H O
0
M '??..
nj
00
m -01, Ir .?.
_ C W
0 = W?
0 z
W -? w - M
u rzC ~ v Q,
v moz C
r• =
-4D-4
M =
030
MR(a
z ,i
FL o
r7
W
cn
" m
m
CO
Ln
Ln
m
mm
.a
c c nwd,pw
r-3 ffffKbWWMftqW"
c
0 Tow faMros & ft"
cow IU,)U'
x n
a
z
zz
a x
o
O
zo
? >< r)
y x
a r
z
a
n
V 0
O I"
w?
µ V lJ
a
o Vv ? cT' °o
y ---___._
-
r r
O
H ? err.
nj
µ ?„ n w lmffimmlm?.,?
w
p
0 xm :+ _
v C MCC
° "V o =
ru
4 MOZ w
r
OHO iA
=
N?J?
0 ovm
µ XI Z
O
m 7v
µ U O
?. .?
? - rte
I
0 ? ., tt
-:
Y+
0 ?,
I
40
.J ? 3 Tf?
o m
'4 1 .Q Q 1i ? ? b.'
ti
Ln
Ln
Ln
m
m
m
ru Polk"
° dwm.a r*o
o
0 (wi
t
r ?
0 .
TOW p?8 AN"
..G
C3
0
k;
? -W •,
w
s??
?z
(U z
n H
_ x
H
0
01
0 C ;a
4 z m
J ?+
- y NCC r
" rZV
A
= mnz
r
014 m
_ 0
Imm µ
0 0014
= X z
o
M
.
a ;o
a
0
N u
_ u
= a 0
- µ ?
I
_ 0 ?
u
.a u
I
0
0
CD
a 5
a x
zoQ°
r y x
a n
v
0
a\ ?
b
0
0 _
w
o _
C3
ru
c Ir
z, 00 n _ w
_ w .,.??
w -??
I
0 0 0 _a
0o p
r
O c:D
L7
G?
ry i M
u?wa*44k?
0-
Ln
Ln
m
m
mw
W ,F
ru
o c«w.a w,
a
RnvWod F"
k.
?_?L9_? f%J
ph4l1 0 *-,
i?3b1L? Hi J0
r 's?
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-02472 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SWINDLER HAROLD
VS
SAP-AGO CHRISTOPHER K ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
SARAGO CHRISTOPHER K AKA CHRIS SARAGO
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
serve the within COMPLAINT & NOTTrR
County, Pennsylvania, to
On May 14th , 2008 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So a s:
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Th as Kline
Dep Dauphin County 43.25;.Sher' f of Cumberland County
Postage 4.11 r
8 4 . 3 6 ?/ Coro, L?µ
05/14/2008
CUNNINGHAM & CHERNICOFF
Sworn and subscribe to before me
this day of ,
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-02472 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SWINDLER HAROLD
VS
SARAGO CHRISTOPHER K ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
SARAGO LORI J MCGILL AKA LORI SARAGO
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On May 14th , 2008 this
attached return from DAUPHIN
Sheriff's Costs: So a
Docketing 6.00
Out of County .00
Surcharge 10.00 R. T
.00 /? 'her
.00
16.00 ?5/?? bb'
05/14/2008
CUNNINGHAM & CHERNICOFF
Sworn and subscribe to before me
this day of ,
A.D.
office was in receipt of the
as 'Kline
f of Cumberland County
In The Court of Common Pleas of Cumberland County, Penusyivahia
Harold Swidler
Vs.
Christopher K. Sarago et al 08-2472 civil
SERVE: Christopher K. Sarago aka Chris Sarago No.
Now, April 16, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Daupl' County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Now,
within
upon
at
Sheriff of Cumberland County, PA
Affidavit of Service
,20 ,at
_ copy of the original
M. served the
by handing to
and made known to
o'clock
the contents thereof.
So answers,
Sworn and subscribed before
me this day of , 20
Sheriff of
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
t $
County, PA
Mary Jane Snyy
der
Real Estate Depu
William T. Tully t
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
HAROLD SWINDLER
VS
CHRISTOPHER K SARGO
Sheriff s Return
No. 2008-T-0850
OTHER COUNTY NO. 08-2472
And now: MAY 9, 2008 at 8:41:00 AM served the within NOTICE & COMPLAINT upon
CHRISTOPHER K SARGO by personally handing to LORI MCGILL-SARAGO 1 true
attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents
thereof at 1418 RED HILL ROAD DAUPHIN PA 17018
WIFE
Sworn and subscribed to
before me this 9TH day of May, 2008
NOTARIAL SEAL
ARY JANE SNYDER, Notary Publi
Highspire, Dauphin County
M Commission Ex ;res Set 1, 2010
E
So Answers,
?&I
er ?'
Sheriff of D phin Countv,t
By W
Deputy Sheriff
Deputy: T WONG
Sheriffs Costs: $43.25 4/18/2008
In The Court of Common Pleas of Cumberland County, Pennsylvania
Harold Swidler
VS.
Christopher K. Sarago et al 08-2472 civil
SERVE: Lori J. McGill-Sarago aka Lori Sarago No.
NOW, April 16, 2008
hereby deputize the Sheriff of
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
Daupl ? County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Now,
Affidavit of Service
within
upon
at
by handing to
a
20 , at o'clock M. served the
copy of the original
and made known to
So answers,
the contents thereof.
Sheriff of
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
tfitit Of the AWt,rF
Mary Jane Snyder
Real Estate Depu
William T. Tully
Solicitor
tn-
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
HAROLD SWINDLER
VS
CHRISTOPHER K SARGO
Sheriffs Return
No. 2008-T-0850
OTHER COUNTY NO. 08-2472
And now: MAY 9, 2008 at 8:41:00 AM served the within NOTICE & COMPLAINT upon LORI J.
MCGILL-SARAGO by personally handing to LORI J. MCGILL-SARAGO 1 true attested copy of the
original NOTICE & COMPLAINT and making known to him/her the contents thereof at 1418 RED
HILL ROAD DAUPHIN PA 17018
Sworn and subscribed to
before me this 9TH day of May, 2008
11? - -
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
M Commission Expires Set 1, 2010
So Answers,
Sheriff of Da phin Coun)yq P'a..?
By-
Deputy Sheriff
Deputy: T WONG
Sheriffs Costs: $43.25 4/18/2008
HAROLD SWIDLER, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V.
NO: 08-02472
CHRISTOPHER K. SARAGO CIVIL ACTION - LAW
a/k/a CHRIS SARAGO and LORI J.
McGILL-SARAGO a/k/a LORI SARAGO,
husband and wife,
Defendants
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Pursuant to Pa.R.C.P. No. 1037(b), kindly enter judgment in favor of Harold Swidler,
Plaintiff, in the above captioned action, and against Christopher K. Sarago a/k/a Chris Sarago and
Lori J. McGill-Sarago a/k/a Lori Sarago, husband and wife, Defendant, in the above captioned
action, for failure to file a responsive pleading to the Complaint filed in the above matter within
twenty (20) days from the date of service of such Complaint. Judgment shall be entered in the
amount of $214,013.50 together with interest and costs of suit.
I hereby certify that a written Notice of Intention to Enter Judgment by Default was given
in accordance with Pa.R.C.P. No. 237.1(a)(2), on June 2, 2008. A true and correct copy of the
aforesaid Notice is attached hereto.
I hereby certify that the last known address of the Defendants, Christopher K. Sarago
a/k/a Chris Sarago and Lori J. McGill-Sarago a/k/a Lori Sarago, husband and wife, is 1418 Red
Hill Road, Dauphin, Pennsylvania 17018.
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
By:
ce J. arshawsky uire
PA Supreme Court I 58799
CUNNINGHAM & CHERNICOFF, P.C.
2320 North Second. Street
Harrisburg, PA 17110
Telephone: (717) 238-8187
Attorneys for Plaintiff
Date: June 20, 2008
A
HAROLD S WIDLER, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V.
NO: 08-02472
CHRISTOPHER K. SARAGO CIVIL ACTION - LAW
a/k/a CHRIS SARAGO and LORI J.
McGILL-SARAGO a/k/a LORI SARAGO,
husband and wife,
Defendants
TO: Christopher K. Sarago a/k/a Chris Sarago and Lori J. McGill-Sarago a/k/a Lori
Sarago, husband and wife
1418 Red Hill Road, Dauphin, Pennsylvania 17018
DATE OF NOTICE: June 2, 2008
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
CUNNINGHAM &
By
, P.C.
Bruccf J. Warshawsky, E ire
PA Supreme Court ID# 8799
CUNNINGHAM & CHERNICOFF, P.C.
2320 North Second. Street
Dated:
? IzloB
Harrisburg, PA 17110
Telephone: (717) 238-8187
Attorneys for Plaintiff'
HAROLD SWIDLER,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 08-02472
CHRISTOPHER K. SARAGO CIVIL ACTION - LAW
a/k/a CHRIS SARAGO and LORI J.
McGILL-SARAGO a/k/a LORI SARAGO,
husband and wife,
Defendants
AVISO IMPORTANTE
TO: Christopher K. Sarago a/k/a Chris Sarago and Lori J. McGill-Sarago a/k/a Lori
Sarago, husband and wife
1418 Red Hill Road, Dauphin, Pennsylvania 17018
FECHA DEL AVISO: June 2, 2008
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENT RO DE
LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR
UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE
PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
Y
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
CUNNING AM & CHERNICOFF, P.C.
r'
B Z Bruce J. Warshawsky, Esq )re
PA Supreme Court ID# 58799
CUNNINGHAM & CHERNICOFF, P.C.
2320 North Second. Street
Harrisburg, PA 17110
Telephone: (717) 238-8187
A
Dated: Attorneys for Plaintiff
? (?
U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES N
PROVIDE FOR INSURANCE -POSTMASTER
Receive Frpry
01011INdC,yI( Z ° 4Y4IYOCC ff. P.C.
V
1326 ; f SECOND STREET
po BOX 60457 F r_
?j,&ppjj;pjjRG PA 171"57 ul?:' N
#II I?,;
One piece of ordinary mail addres d to: ? ?or ?_j rn?C?i(-
0hp- (6k-
PS Form 3817, Mar. 1989
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
ss.
AFFIDAVIT
I, Bruce J. Warshawsky, Esquire, after being duly sworn according to law, hereby declare
and say the following:
1. The last known address of the Judgment Creditor, Harold Swidler, in the case of
Harold Swidler v. Christopher K. Sarago a/k/a Chris Sarago and Lori J. McGill-Sarago a/k/a Lori
Sarago, husband and wife, Docket No. 08-02472, in the Court of Common Pleas for Cumberland
County, Pennsylvania, is:
315 Washington Lane
Carlisle, PA 17013
2. The address of the Judgment Debtors, Christopher K. Sarago a/k/a Chris Sarago and
Lori J. McGill-Sarago a/k/a Lori Sarago, husband and wife, Docket No. 08-02472, in the Court
of Common Pleas for Cumberland County, Pennsylvania, is:
1418 Red Hill Road
Dauphin, Pennsylvania 17018
3. The Judgment entered in the case of Harold Swidler v. Christopher K. Sarago a/k/a
Chris Sarago and Lori J. McGill-Sarago a/k/a Lori Sarago, husband and wife, Docket No. 08-
02472, in the Court of Common Pleas for Cumberland County, Pennsylvania, is not satisfied, is
final and is uncontested.
Sworn to before me this day
2008 COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
1;111111 D JULIEANNE AMETRANO, Notary Public
N TARY PUBLIC City of Harrisburg, Dauphin County
My Commission Expires Feb, 22, 2011
F:\Home\BJW\DOCS\HSWIDLER\Sarago Big Ugly Warehouse\Default Judgment.wpd
,? o ' rya
C" ? LI
a --Tj _ r.
f
HAROLD SWIDLER, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V. NO: 08-02472
CHRISTOPHER K. SARAGO CIVIL ACTION - LAW
a/k/a CHRIS SARAGO and LORI J.
McGILL-SARAGO a/k/a LORI SARAGO,
husband and wife,
Defendants
NOTICE OF ENTRY OF JUDGMENT
TO: Christopher K. Sarago a/k/a Chris Sarago and Lori J. McGill-Sarago a/k/a Lori Sarago,
husband and wife
1418 Red Hill Road
Dauphin, Pennsylvania 17018
YOU ARE HEREBY NOTIFIED that onJL4..3e- _ 2ji3 A the following
Judgment has been entered against you in the above captioned case in the sum of $214,013.50
together with interest and costs of suit.
Date: 1./.15 /0S
-?? Pro onotary
I hereby certify that the name and address of the proper person to receive this notice under
Pa.R.C.P. No. 236 is:
Christopher K. Sarago a/k/a Chris Sarago and Lori J. McGill-Sarago a/k/a Lori Sarago,
husband and wife
1418 Red Hill Road
Dauphin, Pennsylvania 17018
A41
Por este medio se le esta notificando que el de del 2008, el/la siguiente
Fallo he sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado
de residencia:
Christopher K. Sarago a/k/a Chris Sarago and Lori J. McGill-Sarago &Wa Lori Sarago
husband and wife
1418 Red Hill Road
Dauphin, Pennsylvania 17018
F:\Home\BJW\DOCS\HSWIDLER\Sarago Big Ugly Warehouse\Default Judgmentmpd