Loading...
HomeMy WebLinkAbout08-2519U REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak(a,ReagerAdlerPC com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors LP BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION CALABRESE & SONS, INC. and, : NO. JOSEPH CALABRESE, ; Defendants : CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority in the Warrant of Attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: Principal: Interest: As of date of filing; interest continues on all amounts at the rate of I% per month: Collection fees: Total: Date: April 18, 2008 $124,860.23 $ 3,883.01 12 874.32 $141,617.56 Respectfully submitted, REAGER & ADLER, P.C. John . Pietrzak, Esquir -73 REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: JpietrzaknReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliamsa ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors, LP BRANDY INVESTORS, LP, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA V. CALABRESE & SONS, INC. and, JOSEPH CALABRESE, Defendants CIVIL ACTION . NO. J'?-- )- 5'/ 9 : CONFESSION OF JUDGMENT PRAECIPE FOR ENTRY OF JUDGMENT BY CONFESSION TO THE PROTHONOTARY: Kindly enter judgment by confession in the above-captioned matter against the Defendants, both jointly and severally, and assess damages in the amount of $74,955.14, plus interest from August 6, 2007, as follows: Principal: Interest: As of date of filing; interest continues on all amounts at the rate of I% per month: Collection fees: Total: $124,860.23 $ 3,883.01 $ 12,874.32 $141,617.56 Respectfully submitted, REAGER & ADLER, P.C. Date: April 18, 2008 John Pietrz4Esqu Att orney for Defendants ' { ? ?? _ ? ?? '?. ?v ""} n .... ?,. " .... 3 ??::? : ?? ` ) `.» _: f? 'm .. -.. , om ?f.,:?. ?? i • e ??j l ; ? t REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: JpietrzakgReagerAdlerPC corn BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: TwilliamsgReagerAdlerPC com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors LP BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION CALABRESE & SONS, INC. and, : NO. JOSEPH CALABRESE, ; Defendants : CONFESSION OF JUDGMENT COMPLAINT IN CONFESSION OF JUDGMENT 1. Plaintiff, Brandy Investors, LP (hereinafter "Brandy") is a Pennsylvania limited partnership with a mailing address of c/o RSR Realtors, 3 Lemoyne Drive, Suite 100, Lemoyne, Pennsylvania 17043. 2. Defendant Calabrese & Sons, Inc. (hereinafter "C&S") is a Pennsylvania corporation, with a mailing address of 406 Brandy Lane, Mechanicsburg, Pennsylvania, 17055. 3. Defendant Joseph Calabrese is an adult individual, with an address of 25 Devonshire Square, Mechanicsburg, PA 17055. 4. This is an action to confess judgment for damages arising out of C&S's default of a commercial lease entered into between Brandy and C&S on June 9, 2006. 5. Judgment is not being entered by confession of judgment against a natural person in connection with a consumer credit transaction. 6. On June 9, 2006, Brandy and C&S entered into a commercial lease agreement (hereinafter the "Lease") under which Brandy demised and let certain office and warehouse space located at 406 Brandy Lane, Mechanicsburg, Pennsylvania 17055 to C&S for a period of ten (10) years. 7. Joseph Calabrese (hereinafter "Calabrese") signed executed a Personal Guaranty of Lease, as an individual guarantor, obligating himself individually to all of the duties and obligations of C&S under the Lease. 8. C&S has defaulted under the terms of the Lease by failing to pay the rent due and owing for February 2008, in the amount of $23,925.21. The amount in arrears for February 2008 rent, including the 5% late penalty provided for in the Lease of $1,196.26, and I% interest per month of $251.17 is $25,749.36, plus $8.37 per day in interest. 9. C&S has further defaulted under the terms of the Lease by failing to pay the rent due and owing for March 2008, in the amount of $23,925.21. The amount in arrears for March 2008 rent, including the 5% late penalty provided for in the lease, and I% interest per month is $25,498.19, plus $8.37 per day in interest. 10. C&S has further defaulted under the terms of the Lease by failing to pay the rent due and owing for April 2008, in the amount of $23,925.21. The amount in arrears for April 2008 rent, including the 5% late penalty provided for in the lease, and 1% interest per month is $25,247.02, plus $8.37 per day in interest. 11. C&S has further defaulted under the terms of the Lease by paying the rent due and owing for January 2008 on February 4, 2008 in default of the terms of the Lease. Although C&S V It ' paid January 2008 rent late, it has not paid the 5% penalty for late payment in the amount of $1196.26. The current amount that C&S owes for the late penalty, including I% interest is $1,244.11, plus $0.40 per day in interest. 12. C&S has further defaulted under the terms of the Lease by failing to pay 2007 school taxes in the amount of $21,980.20. Brandy cured this default by paying the 2007 school taxes on August 24, 2007. The amount C&S currently owes to Brandy for the 2007 school taxes, including 1% interest per month is $23,958.42, plus $7.33 per day in interest. 13. C&S has further defaulted under the terms of the Lease by failing to pay 2007 county taxes in the amount of $12,709.83. Brandy cured this default by paying the 2007 county taxes on December 10, 2007. The amount C&S currently owes to Brandy for the 2007 county taxes, including 1% interest per month is $13,345.32, plus $4.23 per day in interest. 14. C&S has further defaulted under the terms of the Lease by failing to 2008 county & boro taxes due and owing in the amount of $13,180.37. Brandy cured this default by paying the 2008 county & boro taxes on or around April 1, 2008. The amount C&S currently owes to Brandy for the 2008 county & boro taxes, including I% interest per month is $13,246.22, plus $4.39 per day in interest. 15. C&S has further defaulted under the terms of the Lease by failing to pay for November 27, 2008 repairs to the roof of the leased premises as required by the terms of the Lease, in the amount of $424.36. The amount C&S currently owes to Brandy for the costs of the roof repairs, including I% interest per month is $449.80, plus $0.14 per day in interest. 16. C&S has further defaulted under the terms of the Lease by failing to insurance due to Erie Insurance for 2007 in the amount of $4.80, as required by the terms of the Lease. Brandy I' 14 ' cured this default by paying the insurance premium on July 19, 2007. The amount C&S currently owes to Brandy for the Erie insurance premium is $4.80. 17. A true and correct copy of the Lease under which Plaintiff has confessed judgment is attached hereto and incorporated herein, as Exhibit "A". 18. The Lease under which judgment is being confessed has not been assigned. 19. The balance due under the Lease is $128,743.24, plus interest after April 15, 2008 at the rate of 1% per month, together with collection and attorney's fees of 10% as authorized by the Lease, in the amount of $12,874.32, for a total of $141,617.56. 20. Judgment has not been entered against C&S or Calabrese in any jurisdiction for the unpaid sum of $141,617.56 of the debt here demanded. 21. A confession of judgment for monetary damages was previously taken under this Lease for previous defaults by C&S, under Cumberland County Docket No. 07-4722. A confession of judgment in ejectment for possession of the leased property was previously taken under this Lease for previous defaults by C&S, under Cumberland County Docket No. 07-5152. C&S paid the judgment entered under Docket No. 07-4711 and the judgments entered under Docket numbers 07-4722 and 07-5152 were therefore satisfied. 22. The terms of the Lease permit Brandy to confess judgment on more than one occasion. 23. A second confession of judgment in ejectment for C&S's current defaults under the Lease has been entered at Cumberland County Docket No. ® 9, Z?,X Z L"" on April 18, 2008. 24. Judgment is demanded as authorized by the Warrant of Attorney contained in the Lease attached as Exhibit "A". 4 25. The Warrant appearing in the attached Lease is less than twenty (20) years old. WHEREFORE, Plaintiff, Brandy Investors, LP, demands judgment against Defendants, Calabrese & Sons, Inc. and Joseph Calabrese, in the sum of $141,617.56, plus interest which continues to accrue, as authorized by the Warrant appearing in the attached Lease, together with interest from the date of judgment and costs. Respectfully submitted, REAGER & ADLER, P.C. Date: April 18, 2008 Jo4 H. Pietrzak, Esquire At orney I.D. No. 79538 Thomas O. Williams, Esquire Attorney I.D. No. 67987 Attorneys for Plaintiff, Brandy Investors, LP ¦ 1 1. ' s4661tsrlbPandy\calabrese.lease June 9, 2006 COMMERCIAL LEASE AGREEMENT THIS LEASE AGREEMENT, made as of the 9`h day of June, 2006, by and between BRANDY INVESTORS, L.P., a Pennsylvania limited partnership, with a mailing address of c/o RSR Realtors, 3 Lemoyne Drive, Suite 100, Lemoyne, PA 17043, hereinafter referred to as "Landlord", and CALABRESE &'SONS, INC., a Pennsylvania business corporation, with a mailing address of P.O. Box 1667, Mechanicsburg, PA 17055, hereinafter referred to as "Tenant". WHEREAS, Landlord desires to lease to Tenant the premises comprised of an office and warehouse located at 406 Brandy Lane, Borough of Mechanicsburg, Cumberland County, Pennsylvania (the "Building"), and the Tenant desires to lease the same upon the terms and conditions and for the good and valuable considerations described in this lease agreement, hereinafter sometimes referred to as the "Lease"; NOW THEREFORE, the parties hereto agree as follows: 1. LEASED PREMISES. Landlord leases, demises and lets to the Tenant,' office and warehouse space identified as the Building, and hereinafter sometimes referred to as the "Premises", and Tenant hereby leases from Landlord the entire Premises known as 406 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055; consisting of an approximate 80',000 square foot Building, together with all easement rights and appurtenances applicable thereto. 2. TERM. The term of this Lease is for a period of ten (10) years, commencing on the 9t' day of June, 2006 (the commencement date), being the date of the real estate settlement of the sale of the Premises from Tenant (Seller) to Landlord (Buyer), and ending at midnight on the 30th day of June, 2016. Landlord and Tenant acknowledge that Tenant is currently in possession' of and occupies the Premises as of the commencement date. Provided this Lease is not in default, Tenant is granted an option to renew this Lease as follows: (1) at the option of Tenant, the term of the Lease may be extended for two (2) renewal periods of five (5) years each by written notice to the Landlord at least 180 days prior to the expiration of the term or any renewal term thereof, as the case may be; (2) upon any valid exercise of any such option to renew, terms of the Lease shall remain in full force and effect except that the minimum annual rent for each renewal period shall be adjusted as set forth in Paragraph 3 below. 3. RENTAL. Tenant shall pay to Landlord a total rent of $280,100.00 during the first (1St) year. term of the Lease, payable in monthly installments of $23,341.67. In addition, Tenant shall pay such! Additional Rent, as set forth herein. The monthly rentaf shall be payable in advance oji the first day of each month beginning as of the commencement date set forth in Paragraph 2 above, at such address designated by Landlord in Paragraph 4CWI , 2pp6nd&alabrese.lease 20 (entitled Notices) herein below, or such other places as the Landlord may designate, subject to the following: at the time of settlement on -the sale of the real estate from Tenant (Seller) to Landlord (Buyer), Tenant will provide Landlord with a credit of three (3) months base rent in the amount of $70,025.00 to be. held by Landlord in escrow. Rent for the month of June '2006 will be prorated at settlement. Regular rental payments by Tenant, shall thereafter commence in advance on the first day of the -following month. The rent as set forth above shall remain constant for the first 1s Thereafter, on an annual basis rent shall increase by two do one-half percents above the prior lease year's rent as follows: (2.5%) L- A e Yea' Year 1: Annual Rent Monthly Rent : Year 2 $280,100.00 $23,341.67 : Year 3: $287,102.50 $294 280 06 $23,925.21 Year 4: ? , . $301,637.06 $24,523.34 $25 136 42 Year 5:. $309,177.98 , . $25 764 83 Year 6:.. Year 7 $316,907.42 , . $26,408.95 : 1 Year 8: $324,830.10 $27,069.18 : Year 9::1 $332,950.85 $341 274 62 $27,745.90 Year 1'0: , . $349,806.48 $28,439.55 $29,150.54 Any rental payment not received by the 5th of the month shall be subject to a 5% late fee. The rent for the renewal terms set for th in Paragraph 2 above shall increase by two and one-half percent (2.5%) above the prior lease year's. rent or prior renewal lease year's rent, as the case maybe. All amounts (other than Rental, which shall be payable as herein set forth) owed by the'Tenant to the Landlord hereunder shall be paid within five (5) days from the date that Landlord; renders statements of account therefore and all amounts (including Rental) not paid when due shall accrue and bear interest at the rate of one percent (1%) per month (twelve percent (12%) annually) until paid. Time is of the essence in Tenan.t's payment of Rental and Tenant's performance of each and every term, covenant'and condition of this Lease incumbent on Tenant. 4. REAL ESTATE TAXES, A. Real Estate Taxes. As Additional Rent, Tenant agrees to pay all real estate taxes levied, upon the subject property of .any nature including future. assessments. Payments by Tenant of all real estate taxes shall commence simultaneo the rentals hereunder. usly with 2 r shddlbirsr\brandy\calabrese.lease June 9. 2006 B. Personal Property Taxes. Tenant. agrees to pay any and all taxes levied upon the personal property, including trade fixtures and inventory, kept on the premises, as well as all taxes levied against the, land and the building and improvements situated thereon or on the rents derived by Landlord therefrom during the term of the Lease after:presentation to Tenant by Landlord of statements from the taxing jurisdiction in which said property is located. Landlord may,'. however, direct the taxing authorities to send the statements directly to the Tenant. Landlord further agrees that Tenant, in the name of Landlord, but at Tenant's sole expense, may protest any assessment before any taxing authority or board or maintain any necessary legal action in reference to said assessment or for the recovery of any taxes paid thereon. Nothing herein contained shall require Tenant to pay any income or excess profit taxes assessed against Landlord or any corporation, capital stock or franchise tax imposed upon Landlord. C. Method of Payment. Landlord shall give written notice advising Tenant of the amount of real estate taxes, together with a copy of the tax bill, and Tenant shall pay such amount to Landlord within the first thirty (30) days of the face amount period.. Landlord and Tenant acknowledge that at the real estate closing Landlord (Buffer) will not reimburse Tenant (Seller) for the current year real county/township and school real estate taxes that have been paid by Tenant, and Tenant will be considered paid-until the. next calendar or fiscal year tax billing period' as applicable. If this. Lease shall terminate during a tax year, Tenant shall p4y to Landlord a pro rata portion of the amount that would have been due for the full tax year based on the number of days of said tax year expired on the date of termination. 5. UTILITIES AND SERVICES. Tenant shall contract in its own name for and promptly pay all charges for electricity, gas, water, sewer, telephone and any other utility used or consumed in the Premises to the concern furnishing the same. Landlord shall not be liable. in any way to Tenant for any failure or defect in or of any utility service furnished to the Premises by reason of any requirement, act or omission of the public utility company serving the Premises with electricity, water or other utility service, or because of necessary repairs or improvements. Tenant's use of electric energy in' the Premises shall not at, any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises. To insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electric service, Tenant shall nPt, without Landlord's prior written consent in each instance (which shall not be unreaso?iably withheld) connect any additional fixtures, appliances or equipment (other than lamps, typewriters and similar small office machines) - to the Building electric dist>~bution systems or make any alteration or addition to the electric system of the Premises existing on the commencement date of this Lease. 3 sheldlblrsr randylgfabrese.lease. June 9, 2006 6. MAINTENANCE OF LEASED PREMISES. A. Maintenance by Tenant Tenant shall, at its sole cost, keep and maintain the interior Leased Premises [together with exterior (i) windows,. including sashes, (ii) heating, ventilating and air. conditioning equipment and sewer and other lines serving the Leased Premises], including without limitation, the partitions, ceiling, interior portions of exterior walls, floor covering therein, and the fixtures, equipment, machinery, appliances and utility lines therein and appurtenances thereof [such as, but not limited to, lighting fixtures and lenses and such fixtures, equipment, maphinery controls, appliances and - utility lines and appurtenances thereof, as are .used for, in connection with or which are a part of the electrical, plumbing, heating, air conditioning, ventilating„ or any other mechanical systems in or serving toe Leased Premises], in conformity with Landlord's hazard insurer, neat and clean and in good order, condition, maintenance and repair. Tenant shall also at its cost ;procure and maintain in the Leased premises all safety appliances required by Landlord's hazard insurer to be maintained therein. Tenant shall be responsible for' the cost of replacement of any and all plate; window and other glass (structural or otherwise) in, on or about the Leased Premises, which may be broken or destroyed. Before undertaking repairs to the Leased Premises (other than minor interior non-structural repairs), Tenant shall first obtain Landlord's approval of the plans and specifications therefore, which approval is not to be unreasonably withheld. Tenant shall contract with a heating and air conditioning contractor, approved by Landlord, who shall provide a complete service and maintenance contract to Tenant at least annually, the inspection of the HVAC equipment serving the Leased Premises, including a written report of the condition there of to be provided to Landlord and Tenant, the periodic oiling of the equipment where required, the tightening of belts, the filling of pitch pans and the sealing of :water leaks, among other things. The -service and maintenance contract and its` related costs shall- be the sole cost and expense of the Tenant. The .existence of a 'service contract with a Landlord approved vendor shall not relieve Tenant of its obligations to maintain and repair such equipment as - above provided. l . B. Roof Repair and Replacement. The current condition of the roof requires repair the cost of which has been provided for through the escrow of funds by. Tenant (Seller) at the time of closing on the sale of the real estate to Landlord (Buyer). Landlord shall 'make such required repairs and use said escrow funds. In addition, to the extent that the existing roof requires replacement during the term of this lease, or any renewal terms, Landlord's cost of the roof replacement shall be amortized over the remaining lease term, including any renewal terns, and Tenant's rent shall be increase by said amount. Landlord shall give Tenant thirty (30) days advance notice of any increase in rent. 4 shcldlbirsrlbrandy\calabrbw.lease June 9, 2006 C. 'Maintenance by Landlord. Subject.to the obligations of.Tenant under the provisions of. B above, the foundations, 'roof (excluding interior ceilings) and except. as spec lcally provided in B above, and exterior portions of the exterior- walls of the Leased Premises shall be maintained by Landlord at its expense in. good order, condition, maintenance and repair.. Landlord shall not be deemed to have breached its.obligation to make the rep airs. required of Landlord as set forth. in this Section}, or to be liable for any damages resulting therefrom, unless Landlord failsf to make the same within 'a reasonable period (taking into consideration tl e type of repair involved) after receiving notice from Tenant of the need therefor. 7. SECURITY. The three (3) month base rent balance in the. amount of $70,025.00. set forth in Paragraph 3 above shall serve as Landlord's deposit the receipt of which is hereby acknowledged as security for the full and faithful performance by Tenant of each and every term, covenant, and condition of this Lease. In the event.that Tenant defaults in any of the terms, provisions, covenants, and conditions of this Lease, including but not limited to payment of:any rental or additional rental, Landlord may use, apply, or retain the whole or any part'of the security so deposited for the payment of any such sum in default, or for any other sum which Landlord may expend or be required to expend by reason of Tenant's default, including any damages or deficiencies in the reletting of the premises, whether sulch damage or deficiency may occur before or after some, repossession proceeding or other reentry by Landlord. In the even that Tenant shall fully and faithfully comply with all the terms and conditions of this Lease, the security or any balance thereof, shall be returned to Tenant after expiration of the lease term. The Tenant shall not be entitled to any interest on the aforesaid security. If the Landlord utilizes any of the security deposit?m curing a default on the part of Tenant, Tenant shall immediately pay Landlord the amount necessary to restore the security deposit to its original amount. 8. PERMITTED USES BY TENANT. Tenant represents, covenants and warrants that the Premises will be used lawfully for the following purposes: A machine shop operation 9. OTHER IMPOSITIONS. In addition to the Rental provided hereunder, Tenant agrees to -pay each and all licenses and permit fees and all taxes and increase in taxes levied and assessed by any governmental body by virtue of any special leasehold improvements or by virtue of Tenant conducting its described use, business or operation on the Premises, the employment of agents, servants, or other third parties, the bringing, keeping or selling . of personal property or chattels of whatsoever nature from the Premises. The foregoing is intended to bind Tenant- to pay, and promptly discharge, all taxes and/or levies, together with related interest aid penalties, whether assessed by Federal. or State authority or any political subdivision thereof, directly -or indirectly related to its business, improvements, functioning, employment, assets, existence, sales entertainment or the like. Tenant specifically agrees to reimburse Landlord for any increase in ad valorem taxes resulting B S 5 i shcldlb?mrtbrandyAcalabrese.lease June 9, 2006 from use of fixtures or improvements by Tenant which Landlord becomes obligated to pay. 10. ASSIGNMENT AND SUBLEASE.- Tenant shall not make or permit any assignment (by operation of law or otherwise) of this Lease without the prior express written consent of Landlord.. Tenant shall make no sublease or mortgage of this Lease, in whole. or- in part, without the prior- express written. consent of Landlord. - Tenant shall not permit the use or occupancy of the Premises, or any portion thereof, by anyone other than Tenant and shall not make an transfer of any nature whatsoever of its- right unnder this Lease or of Tenant's interests sdt forth in this Lease without. the prior written consent of Landlord first had and obtained A: Any such assignment or any such subletting, whether approve by Landlord -or not, shall not relieve the Tenant of any liability for the total agreed rentals due hereunder nor fro Tenant's obligation to perform all the covenants herein contained. Any written consent which may in any specific instance or circumstance be given by Landlord shall not imply or be deemed to be consent in any other instance or circumstance. 11. SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE. The' parties acknowledge and agree that this Lease Agreement is under, subject, and subordinate to any and all mortgages and security interests that presently encumber the property or that in the future may encumber the property of which the leased premises is a part without the necessity of any further instrument or act on the part of the Tenant to effectuate such subordination. Tenant agrees, at the election of Landlord, to attorn to any holder of any mortgage to which this lease is subordinate. Tenant shall execute and deliver upon demand such further instrument or instruments confirming such subordination of this Lease to all underlying leases and to the lien of any such mortgage and/or other encumbrance as shall be desired by any such mortgage or proposed mortgage or by any other person. Tenant *ereby appoints Landlord the attorney-in-fact of Tenant irrevocably to execute and deliverer any such instrument or instruments for and in the name of Tenant. ,T If Landlord shall mortgage the real property of which the leased premises is a part, Landlord shall obtain From the lienholder a Non-Disturbance Agreement for the benefit of Tenant. Any Non-Disturbance Agreement is subject to the requirement that Tenant shall not have been .in' default under the terms, covenants and conditions of this lease or any time during the lease torm. I 12. COMPLIANCE WITH LAWS AND INDEMNIFICATION. Tenant agrees to strictly comply with all pertinent laws, ordinances, statutes and regulations whatsoever, of any governmental body or subdivision, incident to its occupancy of the Premises and its use thereof. Tenant further covenants and agrees to indemnify and hold Landlord harmless from any loss, cost or expense whatsoever, directly or indirectly resulting or occasioned to, or imposed upon, Landlord (1) by injury to or destruction of life or property resulting from the use and occupancy by Tenant (including, but not limited to any such injury or destruction caused, in whole or in part, by its agents, servants, employees, independent N 6 ? r r ; shcldtb`rsAbrandyAcalabrese.lease June 9, 2006 .F? contractors, invitees of licensees), or (2) by damage to or destruction of the Building structure, or any part thereof, or of any abutting real property caused by or attributable to the negligent act or alts or omission or omissions to. act.of Tenant (including but not limited to, any such damage or destruction caused, in whole or in part, by its agents,. servants, employees, contractors, invitees, or licensees) or caused by or attributable to the Tenant's failure to perform its obligations under this lease. As used in this Paragraph 12. the term "Landlord" shall be deemed to include any agent, employee or :servant of Landlord. 13. QUIET ENJOYMENT UNTENANTABILITY. Landlord hereby warrants that Tenant upon payment of the rent and performing the provisions of this Lease on its partto be paid and performed shall have.peaceful and quiet possession of the Premises against all parties claiming adversely thereto by or under Landlord. If, during the term of this Lease, the Building or building equipment or Premises be destroyed by fire or any other cause whatsoever, or partially destroyed so as to render the Premises wholly unfit for occupancy, and Landlord shall conclude that they cannot be repaired for occupancy within 120 days from the happening of the loss of damage, then this Lease shall, at Landlord's option, immediately terminate in which case Tenant shall surrender the Premises and all interest therein and Tenant shall pay rent only to the time of such surrender. In case oftotal or partial damage or destruction to the Premises, Landlord may re-enter and repossess the same or any part thereof for the purpose of removing or repairing the loss or damage and shall proceed with reasonable dispatch to the repair of same unless, under the foregoing clause of this paragraph, the Lease shall -have terminated. The refit during the period of such repairs shall be wholly abated if all of the, Premises have been thus repossessed by Landlord for the purpose of repair for the period that Tenant has been ':thus. dispossessed; and if only a portion of the Premises are thus repossessed, the rent shall be abated for the period of such dispossession ratably, based on the portion of the Premises thus repossessed. Should the Building or Premises be destroyed or damaged by fire or other cause, due to the fault or neglect of'Tenant or its agents, servants, employees, independent. contractors, invitees, or licenses, the Landlord may repair such damage without prejudice to any rights of subrogation of Landlord's insurer and there shall be no apportionment or abatement of rent. 14. SIGNS.. Tenant shall ;not erect or install any sign or other type display whatsoever, either upon the exterior of the Building, upon or in any window, or door therein located, or the Premises, without theprior express written consent of Landlord. Any free-standing sign to be situate on the P>"emises shall be approved in writing by Landlord and comply with all applicable Township signage requirements. It is the responsibility of the Tenant to investigate all approp>'ate governmental authorities governing sign size and location and to optain approval.. 7 t : she\dlbGsr\brandy\calabrese.lease June 9, 2008 15. TENANT'S CARE OF PREMISES.. Tenant shall not make. alterations in, or additions or improvements to the Premises without the prior express written consent of Landlord. Landlord's refusal to. grant such consent shall be inclusive. In addition: A. Tenant shall commit no waste with respect to the Premises and shall take good care of and keep in good repair the Premises and fixtures therein and, at the expiration or e#lier termination or cancellation of this Lease, shall surrender the . tures therein in the same condition as when initially received by Premises and fi.- Tenant, subj ec4 only to reasonable wear. and tear resulting from normal use, and shall surrenderall keys for the Premises to Landlord at the place then fixed for. the payment of rea.t and shall remove all Tenant's property. before surrendering the Premises. All ?njuries to the Building or fixtures caused by moving the property of Tenant in or out of the Premises, and any and all breakage or other injury whatsoever d6ne by Tenant, its agents, servants, employees, independent contractors, licenses, invitees, or visitors, as well as any damage done by' water, . steam, electricity, fire or other substance due to the neglect of the aforesaid parties, may be repaired by Landlord, at the expense of Tenant, and shall become due and payable upon delivery of a statement of such charges by Landlord to Tenant or mailing the same postage prepaid, to Tenant at his last known address. B. All alterations,. additions or improvements upon or affixed to or in the Premises (including, but-not limited to carpets; drapes and anything bolted, nailed, plumbed or otherwise secured in a manner customarily deemed to be permanent) shall be deemed to be*, a fixture inuring to the Building, and. shall not be subject to attachment of a mechanic's, materialman's or similar lien, and shall in any event be and become the property of Landlord and remain upon the Premises and be surrendered at r?t,he` end of this Lease, Business machines and such equipment are excluded from ttus section. C. Tenant shall ndt use or permit to be brought into the Premises or the Building any flammable or explosive material or other articles deemed hazardous to persons or property. Tenant shall not occupy the Premises in any manner which shall invalidate or 4.e. in conflict with fire or other insurance . policies covering the Building or its operation or the Premises, or increase the rate of fire or other insurance in the Building or its operation.or the Premises, over that in effect prior to this Lease. If, by any reason of failure of Tenant to comply with provisions of this paragraph, any insurance premium shall be at the beginning of this Lease or any time thereafter be higher than it otherwise would be, the Tenant shall reimburse the Landlord as additional rent hereunder for that part of all insurance premiums thereafter paid by Landlord, which shall have been charged because of such failure by Tenant and shall make such reimbursement upon the first day of the month following such payment by Landlord.. 8 t . l i• Ff shcldlbl sr randyloalabrese.lease y; + June 9; 2006 D. Tenant shall not permit any obnoxious odors, chemicals or other substances to be produced, manufactured or stored in the demised premises. A breach of the provision shall ?.e deemed a material breach of this Lease entitling the Landlord to exercise. any remedies available to it hereunder or at law. .l 16. WAIVER OF CLAIMS. To the extent permitted by. law, the Landlord shall not be liable for and the Tenant releases the Landlord and Landlord's agents, contractors and servants from, and waives all claims for damage to person -or property sustained by the Tenant or any occupant of the Building or Premises resulting from the use and condition of the Premises or any.part or any equipment or appurtenance becoming out of repair, or resulting from any accident in or about the Premises, or resulting .directly or indirectly from any act or neglect of any tenant or occupant of the Premises or of any'other person, including Landlord, its agents or employees. This section shall apply especially., but not exclusively, to the floading of basement or other subsurface areas, and to damage caused by refrigerators, sprinkling devices, air-conditioning apparatus, water, snow, frost, steam, excessive heat or cold; falling plaster, broken glass, sewage, gas, odors or noise, or the bursting or leaking of:pipes or plumbing fixtures, and shall apply equally whether any such damage results from the act or neglect of-the Landlord or of any other persons, and whether such damage be caused or result from any thing or circumstance above mentioned or referred , or any other thing or circumstance whether of a like nature or of a wholly different nature. • If any such damage, whether to tlie Premises or the Building, result from any act or neglect of the Tenant, the Landlord may, at the Landlord's option, repair such damage and the Tenant shall, upon demand by the Landlord; reimburse the Landlord forthwith for-'the total cost of such repairs. Tenant covenants to indemnify and save Landlord harmless against and from any and, all loss, cost, damage, claim, liability or expense including, but.not limited to, reasonable attorney's fees, arising out of or resulting from any injury or claim of injury of any nature of sort whatsoever to any person or property suffered or received in or about the Premises at any time during the term hereof, or arising out of any failure of Tenant in any respect to: comply with any of the requirements or provisions of this Lease. Tenant hereby releases Landlord and Landlord's officers, agents, employees and servants, from any and all claims or demands for damages, loss, expense or injury to the Premises, or to the furnishings and fixtures. and equipment, or invento .y or other property of Tenant in, about or upon the Premises, as the case may be, which nay be caused by or result from perils, events or happenings which are the subject of insur;•ance carried by the Tenant and in force at the time of any such loss. All property of any I-ind belonging to the Tenant or any other person that is in the Building or the Premises shall be there at the sole risk of the Tenant or other person only, and the Landlord shall not be liable for damage thereto or theft or misappropriation thereof. Landlord or its agents, servants or employees, shall not be liable for any" injury, loss or damage to any,-persons or property on or about the premises from any other cause of whatsoever nature: unless the same is directly caused by gross negligence of the Landlord and there is no fault or negligence of the Tenant, and Tenant shall save Landlord. harmless and indemnified against such injury, loss or damage, or liability or claim thereof arising from any act, omission or negligence of Tenant. 9 §Ac\dlbVsr\brandy\calabrese.tease June 9, 2006 17. TENANT'S INSURANCE. Tenant shall, during the entire term hereof, at its sole cost and expense, obtain, maintain and keep in full force and'effect the following policies of insurance: A. All risk insurance including fire insurance (with extended coverage and vandalism and malicious rilischief coverage), water damage, sprinkler leakage and plate glass insurance, on toe standard forms, insuring all of Tenant's property. in the Premises, and all betterments, additions, repairs, improvements and alterations made to the Premises by Tenant, and all plate glass windows., plate glass doors and other plate glass in the Premises, in an amount equal-to 100% of the replacement cost thereof. B. A combination 3of comprehensive general liability insurance and excess (umbrella) coverage to include personal injury, bodily injury, broad-form property damage, operation's hazard, independent contractor's coverage,. blanket contractual liability (including insuring contractual liability under the indemnifications of Landlord by Tenant set Forth in this Lease), premises operations liability and in limits approved by Landlord in writing which approval shall not be unreasonably withheld. Said policies shall name Landlord as an additional insured. C. Worker's compensation and employer's liability insurance in a form and amount required by law. D. Any, other fort' or forms of insurance standard to the industry as Landlord may reasonably repire from time to time in form, in amounts and for insurance risks against which .prudent Tenant would protect itself. , All policies sh4ll.be taken out with insurers that are reasonably acceptable to the Landlord and 'which are. licensed to do business. in the Commonwealth of Pennsylvania atd certificates showing that such coverages to be in effect shall be furnished to Landlord upon request. In addition to Tenant, all policies shall also name Landlordk and .any other person, firm or corporation designated by Landlord and in privity with it, as an additional insured. Each insurer 'shall agree, by endorsement upon the certificate issued by it or by independent instrument issued to Landlord, that it will give .Landlord thirty (30) days' written notice before the policy in question shall be altered or canceled. Tenant shall be entitled to provide the insurance :coverage required hereby through the use of blanket insurance policies covering the Premises. Tenant agrees that certificates of insurance shall be delivered to Landlord as soon as practicable after the placing of the required insurance and that renewal certificate shall be delivered not less than ten (10) days prior to the expiration of such policies. E. Insurance on buildings and Improvements. As additional rent, in each calendar year during the term, Tenant shall pay to Landlord, Landlord's total cost of } 10 is f sh cldtblrsAbrandyAcalabrese.lease June 9, 2006 S insuring the Premises and improvements thereon.. including public liability,. (including "umbrella coverage' % workmen's compensation and hazard insurance (including rental value insurance, fire and extended coverage [with .vandalism and malicious mischief endorsement]; boiler and machinery, and all-risk policies). Tenant's insurance payment shall be paid in monthly installments on the first day of each calendar month during the term in advance, in an amount reasonably estimated by Landlord. • Within 90 days after the end of each calendar year during the term, Landlord shall famish Tenant with a statement summarizing the actual insurance cost for such calendar year. F. Business Liability Insurance. Tenant shall keep in force with insurers that are reasonably acceptable to the Landlord and which are licensed to do business in the Commonwealth of Pennsylvania, a policy to cover business liability, including premises operations liability and business interruption liability, in which the limits of coverage slall not be less than $1,000;000.00, single limit. In addition to Tenant, the policy shall name Landlord as an additional insured. Tenant shall continually provide. Landlord with a certificate of such insurance, which shall provide that the insurer will give the Landlord at least 30. days' written notice prior to any cancellation of, lapse or material change in the insurance. i G. Indemnification. Tenant will, subject to the provisions of paragraph H below, indemnify, save harmless and defend Landlord and, its officers, agents and servants, from and against any and all claims, actions, liability and expense in connection with loss of life, bodily injury and/or damage to property arising from or out of any occurrence in, upon or at the Premises, or the occupancy or use by Tenant, its. agents, employees, servants, subtenants, licensees or concessionaires, of the Premises or any part thereof, or outside the Premises which is occasioned wholly or in part by any willful or negligent act or omission of Tenant, its agents, employees, servants, subtenants,'licensees or concessionaires, unless the same be caused by the willful or negligent act or omission of Landlord, its agents, employees or servants. H. Waiver of Subt(ogation. Anything in this Lease to the contrary notwithstanding, it is agreed that ;.each party (the "Releasing Parry") hereby releases the other (the "Released Party") from any liability which the Released Parry would, but for this paragraph H, have had to the Releasing Party during the term of this Lease, resulting from-* occurrence of any accident or occurrence or casualty (i) which is or would be covered by an "all-risk" policy (irrespective of whether.such coverage is being carried by the Releasing Parry), or (ii) covered by any other casualty or property damage insurance being carried by the Releasing Party at the time of such occurrence, which accident, occurrence or casualty may have resulted in whole or in part from any act or neglect of the Released Parry, its officers, agents or employees; PROVIDED, HOWEVER, the release hereinabove set forth 11 tAc\dlblrsrlbra ndylca labrese.lease June 9, 2006 shall become inoperative and null and void if the Releasing. Party wishes to place the appropriate;insurance with an insurance company which (a) takes the position that the existence of such release vitiates or would adversely affect any policy so insuring the Releasing Party in a substantial manner and notice thereof is given to the Released Prty, or (b) requires the payment of a higher premium by reason of the existence o such release, unless in the latter case the Released Party-within 10 days after noti thereof from the Releasing Party pays such increase in premium. 18. EMINENT DOMAIN.' If the whole of the Premises shall be. taken or condemned, or purchased in lieu thereof, by any government authority for any public or quasi-public use or purpose, then, in that event, the term of this Lease shall cease and terminate from the time when the possessi.`on shall be required for such.use or purpose.' The rent shall in such case be apportioned to the date of'such taking or purchase, as the case may be. In the event of a partial taking only of the Premises, the Landlord shall so notify the Tenant in writing and the Tenant shall have the option to cancel this Lease, giving the Landlord written notice within twenty (20) days after receipt of such notice from the Landlord; provided the balance of the Premises remaining cannot be suitably used by the Tenant for its purposes heretofore stated. If the Tenant is entitled to exercise said option to cancel and does so, then such canceling shall be effective and the rent shall in such case be apportioned to the date of such taking or purchase, as the case may be. In the event the Tenant is not entitled fo cancel the Lease or, if it is entitled to do so, it does not exercise its option, said Tenant'Will be responsible for the rent as heretofore set forth, apportioned to the date of such taking or purchase; i.e. after the taking, or purchase in lieu thereof, the rent herein reserved jhall be reduced and the Tenant shall be required to pay that proportion of rent herein reserved - as the net rentable square feet contained in the remaining leased space bears to the net rentable square feet contained in the leased space before such taking or purchase. The Landlord and theTenant hereby agree that any award of proceeds resulting from a condemnation or salelin lieu thereof of the whole or part of the Premises shall belong solely to the Landlord and the Tenant hereby waives any right to make any claim therefore as the result of this Lease. 19. ACCESS TO PREMISES Landlord or Landlord's agents shall have the right to enter the Premises at all reasonable times to examine the same and to show them -to prospective purchasers, mortgagees., lessees or tenants of the Landlord, or to public officials lawfully having an interest therein, or to make such repairs, alterations, improvements or additions as the Landlord may deem necessary or desirable. Landlord shall not be liable to Tenant for any inconvenience, interferences, annoyance, loss or damage resulting from work done in or upon they Premises or any portion of the Building or adjacent grounds. Landlord will make' .,,-all attempts to provide 24 hour advance notice of any entry, emergencies excepted; C' t i ' 12 f shddlbVsrlbrandyAcalabrese.lease June 9,2006 20. NOTICES. Any notice which the Landlord may desire or be required to give the Tenant shall be deemed sufficiently given or. rendered, if in writing, delivered to the Tenant by certified or registered mail, return receipt requested, addressed to the Tenant, at the address first above written or at.the Premises, as appropriate, and any notice which Tenant may desire or be required to give the Landlord shall be deemed sufficiently given or rendered, if in writing, delivered to Landlord by certified or registered mail return receipt requested, addressed to its business office at: c/o RSR Realtors, 3 Lemoyne Drive, Suite 100, Lemoyne, PA 17043, or such other places as Tenant or Landlord may from time to time designate in writing. Any notice given hereunder shall be deemed delivered when the return receipt is signed or refusal to accept the notice is noted thereon. 21. TENANT.'S DEFAULT. If the Annual Minimum Rent, additional rent, or any other charge payable by Tnant under this Lease shall be unpaid on the date payment is required by the terms hereof and shall remain so for a period of 5 days, or if Tenant fails to perform any of the other terms, conditions, covenants and obligations of this Lease to be observed and performed by Tenant for more-than 15 days after Landlord gives Tenant notice of such default (it being agreed that a default, other than the failure to pay money, which is of such a character that rectification thereof reasonably. requires longer than said 15 day period and completes the same with due diligence), or if Tenant shall vacate or abandon the Leased Premises or suffer this Lease to be taken under any writ of execution, attachment or other process of law, or if this Lease shall by operation of law devolve upon or pass to any other party, or if an "Act of Bankruptcy" (as defined in Section 18.02) shall occur, or if Landlord shall have notified Tenant of Tenant's default three (3). or more times in any twelve calendar month .period, then, in any of such events, Landlord shall have, besides its other rights or remedies, the following immediate rights: A. At its option, to terminate this Lease and the term hereby created without any right on the part of Tenant to waive the forfeiture by payment of any sum due or by other performance of any condition, term or covenant broken, whereupon Landlord shall be entitled to recover, in addition to any and all sums and damages for violation of Tenant's obligations hereunder in existence at the time of such termination, 6amages for Tenant's. default in an amount equal to the amount of the rent reserved far the balance of the term of this Lease, as well as all other charges, payments, costs and expenses herein agreed to be paid by Tenant, all of which amount shall b;, immediately due and payable from Tenant to Landlord: B. . At its option, by notice to Tenant, to re-enter and take possession. of the Leased Premises without terminating this Lease. No re-entry or taking possession of the. Leased Premises by Landlord pursuant to this clause B. shall be construed as an election on its part to terminate this Lease unless a notice of such intention is given to Tenant (all other demands and notices of forfeiture or other similar notices being hereby expressly waived by Tenant). 13 i§6 cldlblrsrkbrandylcalabrese.lease June 9, 2006 C. At its option, to require that upon (i) any termination of this Lease, whether by lapse of time ot, by the exercise of any option by Landlord to terminate the same or in any other `manner whatsoever, or (ii) any termination of Tenant's right to possession without termination of this Lease, Tenant shall immediately surrender possession of the Leased Premises to Landlord and immediately vacate the same, and remove all?pffects therefrom, except such as may not be removed under other provisions of this Lease. D. At its option, 0 make such 'alterations and repairs as Landlord shall determine may be reasonably necessary to relet the Leased Premises, and to relet the same or any part thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and upon such terms and conditions as Landlord in its sole discretion may deem advisable. Upon each reletting, all rentals received by Landlord from such reletting shall be applied .as follows: first, to the payment of any indebtedness other than rent or other charges due under this Lease from Tenant to Landlord; second to the payment of any reasonable costs and expenses of such relettirig, including brokerage fees and attorneys' fees and costs of such alterations and repairs, each of which fees and costs shall be reasonable in amount; and third, to the payment of rent and other charges due and unpaid hereunder. In Mo event shall Tenant be entitled to receive any surplus of any sums received, by Landlord on a reletting in excess of the recital and other charges payable hereunder. If such.rentals and other charges received from such reletting during any month are less than those to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord (notwithstanding. the fact that Landlord may have received rental in excess of the rental and other charges payable hereunder in previous or subsequent months), such deficiency'to be calculated and payable monthly. Notwithstanding any reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach in the manner provided in this Section. E. CONFESSION OF JUDGMENT: If Tenant shall default in the payment of the rent herein reserved or in the payment of any other sums due hereunder . by Tenant, Tenant hereby authorizes and empowers any Prothonotary or attorney of any court of record.to appear for Tenant in any and all actions which may be brought for said rent and/or said other sums; and/or to sign for Tenant an agreement for entering in any competent court anamicable action or actions for the recovery of said rental and/or other sums; and in said suits or in said amicable action or actions to confess judgment against. Tenant for all or any part of said rental and/or said other sums, including but not limited to the amounts due from Tenant to Landlord under subparagraphs A, B, C and/or D of this paragraph; and for interest and costs, togethe with any attorneys' commission for collection of ten percent (10%). Such?.authority shall not be exhausted by one exercise thereof, but judgment mad be confessed as aforesaid from time to time as often as any of 14 ?hc\dlblrsr\brandyAcaWbrese.lease June 9, 2006 said rental and/or other sums shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the initial term of this Lease and/or during. any extended or.renewal term of this Lease and/or after the expiration of any extended or renewal term of o Lease r / (Tenant) F When this Lease and the term of any extension or renewal thereof shall have been terminated on account 'of any default by Tenant .hereunder, and also when the terms hereby created or any extension or renewal thereof shall have expired, it sh*aal be lawful for any attorney of any court of record to appear as attorney. faEr Tenant as well as for all persons claiming by, through or under Tenantiland to sign an agreement for entering in any competent court an amicable aption in ejectment against Tenant and all persons claiming by, through or ut44er Tenant and therein confess judgment for the recovery by Landlord of possession of the Premises, for which this Lease shall be his sufficient warrant; thereupon, if Landlord so desires, an appropriate writ of possession may issue forthwith, without any prior writ or proceeding' whatsoever, and provided that if for any reason after.such action shall have been commenced it shall be determined that possession of the Premises remain in or be restored to Tenant, Landlord shall have the right for the iny subsequent default. or defaults, or upon the or. Tenant's right of possession as.hereinbefore set more further amicable action or actions as same default ;and upon ; termination of this Lease forth, to bring one or hereinbefore set forth to recover possession of the Premises and confess judgment for, the recovery of possession of the/PTemise§ as hereinbefore provided. (Tenant) G. In any amicable action of ejectment and/or for rent and/or other sums brought herein, Landlord shall first cause to be filed in such action an affidavit made by Landlord or someone acting for Landlord, setting forth the facts necessay to authorize the entry of judgment, of which facts such affidavit shall: be prima facie evidence, and if a true copy of this Lease (and of the truth of the copy such affidavit shall be sufficient evidence) shall be filed in such s'it, action or actions, it shall not be necessary to file the original as a warrant'!: of attorney, any rule or Court; custom or practice to the contrary notwithstanding. (Tenant} H. At its option, to collect from Tenant any other loss or damage which Landlord may sustain by reason of any breach and any diminished value of the Leased Premises resulting from said breach. 15 r.. 4hc\d161rsMrandy\calabrese.lease I June 9, 2006 1. Landlord's Rikht to Cure Defaults: If Tenant fails to perform any agreement or obligation on i$s part to be performed under this Lease, Landlord shall have the right (i) if no &nergency exists, to perform the same after giving 15 days' notice. to Tenant; anda (ii) in any emergency situation; to perform the same immediately without notice; or delay. For the purpose of rectifying Tenant's defaults as aforesaid, Landlord shall have the right to enter the Leased Premises..'Tenant shall, on derriLd, reimburse Landlord for the costs and expenses incurred by Landlord in rectifying Tenant's defaults .as aforesaid, including reasonable attorneys' fees'. Landlord shall not be' liable or in any way responsible for any loss, inconvenience, annoyance, or damage resulting to Tenant or anyone holding under Tenant for any action taken by Landlord pursuant to this Section. Tenant hereby waives and releases all errors and defects which may intervene in the Landlord's exercise : of any of its remedies hereunder, including the summary remedies; Tenant further waives the right of inquisition on any real estate levied on and Tenant voluntarily consents to an immediate execution upon any judgment obtained by Landlord; Tenant also waives and releases all relief from any and all appraisement, stay -or exemption law of any state now in force or hereafter enacte ; Tenant waives any 'a otice to quit required by any law-.Evow in force f he fter; enacted. ' (Tenant) Nothing in this Section shall be deemed to' limit Landlord's rights and remedies in the .event of a default by?Tenant, and. the Landlord's rights and remedies set forth in this Lease shall be in addition to those available to Landlord at law or in equity. 22. BANKRUPTCY. If at any time prior to or after the commencement of the term of this Lease there shall be filed by Tenant or Guarantor, in any court pursuant to any statute either of the United States or of any State,.a petition in bankruptcy (including, without limitation, a petition for liquidation, reorganization or for. adjustment of debts of an .individual with regular income), or if any case, proceeding. or other action shall be commenced seeking to have an order for relief entered against Tenant or Guarantor as a debtor in bankruptcy :proceedings or to adjudicate Tenant or Guarantor a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it- or its debts under any law relating to bankruptcy, insolvency, reorganization or relief of debtors, or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or any substantial part of its property, and such case, procee&g or other action results in the entry of an order for relief or is not dismissed within 50 days of the filing thereof, or if Tenant or Guarantor becomes insolvent or is generally not paying or admits in writing its inability to pay its debts as they mature, or makes an assignment for the'benefit of creditors or petitions for or enters into an arrangement.with its creditors or a custodian is appointed or takes possession of Tenant's or Guarantor's property (whether or not a judicial proceeding is instituted in 16 Ishcodlb\rsr?brandy\calabrese.lawe June 9, 2006 connection with such arrangement or in connection with the appointment . of such custodian), or if 'Teriant or Guarantor shall take any action to authorize or in contemplation of any of the events set forth above (each of the foregoing events to be hereinafter referred to-as an "Act of Bankruptcy then, in addition to Landlord's other ' 's rights and remedies under this Lease and applicable law, this Lease shall at Landlord option (and. if permitted by law), be terminated, in which . event neither Tenant nor Guarantor, nor any person claiming through or under Tenant or Guarantor or by virtue of any statute or of an or er of any court, shall be entitled to possession of the Premises, and Landlord, in.addition to the other rights and remedies given by this Lease, or by virtue of any statute or rule of Law, may retain as liquidated damages. any rent, Security Deposit or moneys received by tandlord from Tenant or others in behalf of Tenant. All rent, additional rent and other charges payable by Tenant under this Lease shall constitute rent for the purpose of applying the provisions of Section 502(b)(7) of the Federal Bankruptcy Code. In the event an act of bankruptcy shall occur and this Lease is not terminated pursuant to the provisions of Paragraph A, the parties agree that: A. If there shall be a default in the payment of. Annual Minimum Rent or any additional rent, or a default in the observance or performance of any other provision of this Lease. binding on Tenant, Landlord shall be entitled to immediately discontinue furnishing any utilities and other services it has. been providing to the Premises, until such time as such defaults have been fully cured, it being agreed that the foregoing action by Landlord shall in-no way cause or result in any abatement of Annual Minimum Rent or any other charge payable by Tenant during the continuance of the term of this Lease. B. If the Lease is Assumed by a trustee in bankruptcy, and assigned by the trustee to a third party, th(A such party shall (a) execute and deliver to Landlord an agreement in recordable Form whereby such party confirms that it has assumed and agrees with Landlord to discharge all obligations binding on Tenant under this Lease, (b) represent and -k,arrant in writing.to Landlord that such party has a net worth and operating experience at least comparable to that possessed by Tenant named herein and Guarantor as of the execution of this Lease, (c) deposit with Landlord a Security Deposit and advance rent equal to that initially deposited by Tenant named herein, and (d) grant Landlord, to secure the performance of such party's obligations under this Lease, a security interest in such party's merchandise, inventory, personal property,. fixtures, furnishings, and all accounts receivable (and in the proceeds of all of the foregoing) with respect to its operations in the Leased Premises, and in connection therewith, such party shall execute such security agreements, financing statements and' other documents (the forms of which are to be designated by Landlord) as are necessary to perfect such lien. h c' 17 1 t she\dib\rsMrandy\calabrese.tease June 9, 2006 C. Any person or `ntity to which this Lease is assigned pursuant to the provisions of the BankruptcX Code, 11 U.S.C. Section 101, et M. (the "Bankruptcy Code") shall be deernea without further act or deed to have assumed all of the obligations arising under.this Lease on and after the date of such assignment. If this Leases is assigned to any person or.entity pursuant to the provisions of the Bankruptcy Code, any and all monies or other considerations payable or otherwise to be delivered' in connection with such assignment shall be paid or delivered to Bankrupt, shall- be and remain the exclusive property of Bankrupt and shall not .constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Any. and all monies or other considerations constituting Landlord's property under the preceding sentence' not paid or delivered to Landlord shall be held in trust for the benefit of Landlord and be promptly paid or delivered to Landlord. 23. CONDITION OF PREMISES. It is agreed that, by occupying the Premises, Tenant acknowledges that it, has had full opportunity to examine the Building, including Premises, and is fury informed, independently of Landlord, as to the character, construction and structure of the Building and land within the Premises. It is agreed.that by occupying the Premises the Tenant formally accepts the same and acknowledges at Landlord has complied with all requirements imposed. upon it under the terms of this Lease. 24. HAZARDOUS WASTE. A. Tenant hereby' covenants, represents and warrants that. it shall. not generate, transport, handle, store or otherwise encounter in, on or about the Premises, any hazardous waste or substance (for purposes of this Section herein called "hazardous waste) as defined by the applicable federal, state or local environmentaL or occupational standards, including but not limited to material defined. as such in, or for purposes of, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended by the Superfund Hazardous Materials Transportation Act (49 U.S.C. §1802'et seq.), the Resource Conservation and Recovery Act ("RCRA") (42 U.S.C. §1802, et seg.), the Federal Water Pollution Control Act (33 U.S-.C. §1251, et se q.), the Safe Drinking Water Act (42 U.S:C. §300(f), et se q.), the Toxic Substance.Control Act (15 U.S.C. §26-01, et se .), the Clean Air Act (42 U.S.C §7401, et se q.), or any other federal, State or local statute, ordinance, code, rule, regulation, order. or decree regulating, relating to or imposing liability or standards of conduct concerning . any hazardous, toxic or dangerous waste, substance, element or material as no W' or at any time hereafter in effect or amended (for purposes of this Section herein collectively called the. "Laws"). Tenant further covenants, represents and, warrants that there will be no underground storage tanks in, on, under, within or about the Premises. 18 she\dlb\rsAbrandy\calabrose.lease June 9, 2006 B. Tenant shall not use, store or permit to be stored on the Leased Premises any asbestos in any form, urea formaldehyde foam insulation, transformers or other equipment which contains. dielectric fluid or- other fluids containing levels of polychlorinated biphenyls in excess of fifty (50) parts.per million. C. Tenant covenants, represents and. warrants that it willindemnify : and hold Landlord harmless, from and against any and all liability, actions, claims, losses, damages and expenses arising out of, or.in any way relating to, a breach of the representations'Y` warranties, covenants and agreements. set forth in this Section, including: (a) claims of third parties. (including governmental agencies) for damages, including personal injury or property damages, penalties, response costs, injunctive or other relief; (b) costs or removal and restoration, including fees of attorneys and e?cperts, costs of reporting to any governmental agency the existence of hazardous substances, hazardous waste, pollutants and/or contaminants and costs of preparing or causing to be prepared any and all studies; tests, analyses or reports in connection with any environmental matter; (c) all expenses or obligations, including attorneys' fees, incurred at, before and after any trial or appeal therefrom whether or not taxable as costs; including attorneys' fees, witness fees,. deposition costs and other expenses; (d) all other costs, expenses and liabilities arising from Tenant's violation.of the laws or any other-environmental regulation now: in force or hereafter enacted; and (e) Tenant's disposal of medical waste as set forth in Paragraph A above. The obligations of Tenant as contained in this Section shall survive the termination of the Lease. 25. LANDLORD'S TITIs1E. Tenant recognizes and agrees that-Landlord's title is and always will be paramount to tie title of Tenant and under no circumstances shall Tenant do or be empowered to do any act which can, shall or may encumber Landlord's title or subject the Premises or Building 'qr any part of either to any lien or encumbrance. P 26. HOLDING OVER. - for any reason Tenant retains possession of the Premises or any part thereof after the termination of the term of this Lease or any extension of the term, .unless other written arrangements are made with Landlord, such holding over shall constitute a tenancy from month-to-month and Tenant shall pay Landlord monthly rental during the month-to-month tenancy computed at double the rate of rent payable hereunder for the final month of the last year of the term prior to such holding over.. . - 27. NO ACCORD AND SATISFACTION. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent and other charges, nor shall any endorsement or statement on any check or on any letter accompanying any check be deemed an accord and satisfaction. 28. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the respective parties. herein, their heirs, executors, administrators, devisees, successor and permitted assigns. :whomever. Any reference to Tenant he rein shall, for the purposes 19 i? sheldlb\rsrlbrandy\calabrese.lease June 9, 2006 } of determining liabilit for property damage and the like, be deemed to include. Tenant, his or its. agents, officers; 'employees, servants, partners, independent contractors, licensees, invitees or vJsitors whomever. 29. RESERVATIONS BY LANDLORD. In addition' to other rights conferred by this Agreement or by law, the Landlord reserves the right, to be exercised in Landlord's sole discretion, to: (a) take all measures as may be necessary or desirable for .the safety, protection of the Premises or of the Building; (b) sell or mortgage the Building; (c) repair, alter, add to, improve,:build additional stories on, or build adjacent to said building; (d) run necessary pipes, conduits and ducts through the Premises; and (e) carry on any work, repairs, alterations or -improvements in, 'on, or about the Building or in the vicinity thereof. Tenant hereby waives any claim to damage or inconvenience causes by such work. This paragraph. shall not be construed to diminish the obligations of Tenant with respect to repairs or improvements or.other obligations of Tenant provided herein, nor shall it be construed to create or increase any obligation on the part of Landlord with 3 respect to repairs or im,'provements. 30. ESTOPPEL CERTIFICATE. At any time, and form time to time, the parties agree that within ten (10) d4ys following request in writing from the other parry, to execute, acknowledge and deliver to the requesting party . a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications that the same is full force sand effect as modified and stating the modification), the dates to which the rent and other charges have been paid, and any other financial data relating to this Lease or the Leased Premises which such party may reasonably request. 31. FORCE MAJEURE. In the event either party hereto shall be delayed or hindered in or prevented from the performance of any act required under this Lease by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental law or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of any such act shall be extended for a period equivalent to the period of such delay. The provisions of this Section shall not (a) operate to excuse Tenant from prompt payment of Annual Minimum Rent or any. other payment required by the terms ?'of this Lease, and (b) be applicable to delays resulting from the inability of a party to -obtain financing or to proceed with its obligations under this Lease because of a lack of funds. f. 32. ARBITRATION/WAIVER OF JURY TRIAL. Any disagreement between Landlord and Tenant with respect to the interpretation or. application of this Lease, or the obligation of the parties hereund?r, shall be determined by arbitration unless the parties otherwise mutually agree in writing. Landlord and Tenant shall agree upon one arbitrator, otherwise there shall be three (3j, one named in writing by the Landlord and one named in writing by the Tenant within ten (10) days after notice of arbitration is served by either upon the other, and a third arbitrator selected by those two arbitrators within ten (10) days 20 shcidtb?mrlbrandylcalabrese.tease June 9, 2005 thereafter. No one shall serve as an arbitrator who is in any way financially interested in this Lease or in the affairs of either party hereto. This agreement to arbitrate shall be specifically enforceable under.the prevailing arbitration laws. The arbitrator or arbitrators shall have the power to award to either party to the dispute such sums, costs, expenses, and attorney's fees as #ie arbitrator or arbitrators may deem proper. The award rendered by the arbitrator or arbitrators shall be appealable to a court of competent jurisdiction within thirty (30) days- f notice of the arbitrators' award. Such appeal shall be prosecuted without delay and as ra"idly as possible. 33. GUARANTY. At th4 time of executing this Lease, Tenant shall provided tp Landlord a signed Guaranty of Luse including the signature of the spouse, if any, in form and substance as set forth in Exhibit B hereto. Each Guarantor shall provide Landlord with an annual financial statement upon request. 34. BUSINESS INTERRUPTION. Tenant acknowledges that the nature of tenant's business involves government contracting 'work to which. Tenant relies on such contracting work as a :substantial source of Tenant's business income: Said contracting work requires that certain qualifications. and terms be met by Tenant in order to obtain and keep said work. In light of this fact, Tenant agrees to provide Landlord written notice within fifteen (15) days of any substantial decrease in Tenant's government contracting work or the change or termination of Tenant's qualifications to the extent that said change or termination will result in loss of said contracting business to Tenant. 35. NON-WAIVER. Tho failure of the Landlord to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of the Lease, shall not prevent a subsequent act, which:would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any cgFVenant of this Lease shall not be deemed a waiver of such breach. 36. SHORT FORM LEASE. Tenant agrees that, upon the written request of Landlord, Tenant will, at any time, join in the execution of a Memorandum of Lease in proper form for recording or filing in the appropriate office of the County of Cumberland setting forth the existence and term of this Lease; and Tenant shall take such action as may be necessary to permit such recording or filing. 37. MISCELLA.NEOUS.PROVISIONS. No act or thing done or omitted to be done by Landlord or Landlord's agents during the term of the Lease, which is necessary to enforce the terms of this Lease shall constitute an eviction by Landlord nor shall it be deemed an acceptance or surrender of said Premises, and no agreement to accept such surrender shall be valid unless in writing signed by Landlord. No employee of Landlord or Landlord's agent shall have any power. W accept the keys of said Premises prior to the termination of the Lease. The delivery of keys to any employee of Landlord or Landlord's agent shall not operate as a termination of the Lease or a surrender of the Premises. 4. .. 21 ? he\dlblrsr\brandylcalabrese.lease June 9, 2006 Tenant represents and warrants to Landlord that Tenant has not incurred and will not incur any liability fob brokerage fees, ' finder's fees, agents commissions or ' similar compensation to third; parties in connection with this lease transaction. In the event Tenant has incurred any such fees, commissions or compensation, said fees, commissions and compensations incurred shall be charges solely against Tenant. Tenant agrees to indemnify Landlord against and hold Landlord harmless from any and all liabilities arising from any claims for such fee; commissions or compensation, including, without limitations the cost of counsel fees in connection therewith. The words "Landlord and "Tenant", wherever used in this Lease, shall be 'construed to mean Landlords and Tenants in all cases where there is more than one landlord or tenant, and the necessary- grammatical changes required to make the provisions hereof apply either to corporations :.pr individuals, men or women, shall in all cases .be assumed as though in each case fully expressed. The invalidity or une iforceability of any provision hereof shall not affect or impair' any other provision. Where Tenant hereunder consists of more than one party, the obligations of each such party willbe joint and several hereunder. Provisions inserted herein or affixed hereto 'shall not be valid unless appearing in the duplicate original hereof held by the Landlord.' In the event of variation or discrepancy, the Landlord's duplicate shall control. The headings of the several articles, paragraphs and sections contained herein are for convenience. only and do not define, limit or construe -the contents o f ' such articles, paragraphs and sections. All negotiations, considerations, representations and understandings between the parties are incorporated herein and are superseded hereby, and the provisions hereof may be modified or altered only by agreement in writing between the parties.. There are no terms, obligations, covenants, statements, representations, warranties or conditions relating to the subject matters hereof other than those specifically contained herein. This Lease may not be amended or modified by any act or conduct of the parties or by oral agreements unless reduced and agreed to in writing signed by both Landlord and Tenant. No waiver of any of the terms of this Lease by Landlord shall be binding on Landlord unless reduced to writing and signed by Landlord. Nothing contained, inlus Lease shall be construed to be or to create a partnership or joint venture between the parties hereto. This Lease shall be ;governed by and enforced in accordance with the laws of the Commonwealth of Pe4insylvania. This Lease represents the entire understanding and agreement of the parties and the terms and provisions of this Lease shall only be modified or amended in writing signed by all parties hereto. 22 ?. ihc\,dtt?rsr\brandylcalabrese.lease t June 9, 2006 IN WITNESS WHEREOF, the parties intending to be legally-bound have set their hands and seals the day and year first above written. WITNESS: :LANDLORD: r BRANDY INVESTOR, L.P. By:. Bra y Mechanicsburg, LLC J Gera ar)?er By: William F. othm n, Managing Member ATTEST: TENANT: CALABRESE & SONS, INC. By: ' President 23 i EXHIBIT A ALL-THAT CERTAIN piece or parcel of land, situate, lying and being in Mechanicsburg Borough, Cumberland County shown as New Lot 2 on the Calabrese & Sons, Inc. . Preliminary/Final Subdivision/Lot Consolidation Plan Recorded-April 3, 2006 in the Cumberland County. Recorder of Deeds Office in Plan Book 92 Page 44 to wit; BEGINNING at a point :on the southern side of Brandy Lane at a 5/8 inch rebar with cap thence South 27 degrees 04 minutes 00 seconds East a distance of 376.89 feet to a point thence North 37 degrees 14 minutes 52. seconds East a distance of 509.19 feet to a point thence North 37 degrees 05 minutes 01 seconds East. a distance of 66.58 feet to a point thence South 42 degrees 05 minutes 07 seconds East a distance of 179.93 feet to a point thence South 24 degrees 27 minutes 41 seconds East a distance of 490.52 feet to a point thence South 65 degrees 27 minutes 00 seconds West a distance of 593.70 feet to a point thence North 27 degrees 04 minutes 00 seconds West a distance of 744.09 feet to a point thence North 40 degrees 20 minutes 30 seconds East a distance of 54.16 feet to a point and place of BEGINNING. R PShc\d1bvsr\braWcalabrese.1ease June 9, 2006 EXHIBIT B PERSONAL GUARANTY OF LEASE In consideration of the'making of the above Lease, dated June 9, 2006, by the Tenant with the Landlord at the request of .the undersigned, and in reliance of this Guaranty, the undersigned hereby unconditionally and irrevocably guarantees the payment of the rent to. be paid by the Tenant and the performance by the Tenant of all the terms, conditions, covenants and agreements of the Lease, and the undersigned promises to pay all the Landlord's expenses, including reasonable attorney's fees, incurred by the Landlord in enforcing this Guaranty. The Landlord's consent -to any assignment or assignments, and successive assignments by the Tenant and Tenant's assigns, of this. Lease, made either with or without notice to the undersigned, or a changed or different use of the demised premises, or Landlord's forbearance delays, extensions of time or any other reason whether similar to or different from the foregoing, shall in no way or manner release the undersigned from liability as Guarantor. Where the undersigned include more than one party, the obligation of each such party hereunder will be joint and several. It will not be necessary for Landlord to. proceed first against Tenant in invoking any of Landlord's lease remedies before proceeding to. enforce this Guaranty of Lease. WITNESS the hand and seal of the undersigned at the date of the above Lease. GUARANTOR: Jo eph Calabrese 25 M VERIFICATION I, William Rothman, hereby verify that I am a Partner in Brandy Investors, LP, and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authori- ties. Date: z/ By: iY VERIFICATION I, William Rothman, hereby verify that I am a Partner in Brandy Investors, LP, and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authori- ties. Date: By: William Rothman VERIFICATION I, Jack Jurasits, hereby verify that I am a Partner in Brandy Investors, LP, and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: By: Z"" " 4 tJ sits a C Ira- I?J J C` Nt ?y t? X-= O W -V1 Q REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak(,ReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: TwilliamsgReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors, LP BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION CALABRESE & SONS, INC. and, NO. JOSEPH CALABRESE, : Defendants : CONFESSION OF JUDGMENT NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all of the documents filed in support of said judgment. If you have any questions concerning this notice, please call John J. Pietrzak at (717) 763-1383. Prothonotary BRANDY INVESTORS, LP, Plaintiff V. CALABRESE & SONS, INC. and, JOSEPH CALABRESE, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. Q t- a-5? I q : CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: Calabrese & Sons, Inc. A judgment in the amount of $141,617.56 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper already signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR 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. Lawyer Referral Service Cumberland County Courthouse, 4d' Floor Carlisle, PA 17013 (717) 240-6200 Date: April 18, 2008 Jo H. Pietrzak, Esq re REAGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff, Brandy Investors, LP r.- r te .. 'f C"i u -J :, - O L 1 Ef ? L- - C.J N PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT, PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) ; as provided by Rule 2958.3 or Rule 2973.3. (3) If a written notice is served upon the petitioner pursuant to Rule 2959.1(c)(2) or Rule 2973.1(c), then petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief, the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) the court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment of or any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: JJpietrzakgReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: TwilliamskRea._gerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors, LP BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION CALABRESE & SONS, INC. and, NO. 6 ?'-- a-5-1 1 JOSEPH CALABRESE, Defendants : CONFESSION OF JUDGMENT NOTICE UNDER RULE 2737.1 OF RIGHT TO RECOVER ATTORNEY FEES AND COSTS AND PROCEDURE TO FOLLOW TO STRICK OFF OR OPEN A CONFESSED JUDGMENT TO: Calabrese & Sons, Inc. Pursuant to 42 Pa.C.S.A. 2737. 1, you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 42 Pa.C.S.A. § 2737. 1, you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. REAGER & ADLER, P.C. Date: April 18, 2008 G Jo . Pietrzak, Esquire 23 1 1 Market Street Camp Hill, PA 17011 (717) 763-1383 r- cn ?- __.- C l ev co t Lt `` tL C? ?"? } N C? BRANDY INVESTORS, LP, Plaintiff V. CALABRESE & SONS, INC. and, JOSEPH CALABRESE, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : NO. t e- ':1"5-1 l CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: Joseph Calabrese A judgment in the amount of $141,617.56 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper already signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR 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. Lawyer Referral Service Cumberland County Courthouse, 4t' Floor Carlisle, PA 17013 (717) 240-6200 Date: April 18, 2008 Jo H. Pietrzak, Esquire AGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff, Brandy Investors, LP PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If a written notice is served upon the petitioner pursuant to Rule 2959.1(c)(2) or Rule 2973.1(c), then petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief, the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) the court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment of or any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. r Co co > r , -s c? REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak e,ReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams(?ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors, LP BRANDY INVESTORS, LP, Plaintiff V. CALABRESE & SONS, INC. and, JOSEPH CALABRESE, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. Q ?? a- Sf 1 : CONFESSION OF JUDGMENT NOTICE UNDER RULE 2737.1 OF RIGHT TO RECOVER ATTORNEY FEES AND COSTS AND PROCEDURE TO FOLLOW TO STRICK OFF OR OPEN A CONFESSED JUDGMENT TO: Joseph Calabrese Pursuant to 42 Pa.C.S.A. 2737. 1, you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 42 Pa.C.S.A. § 2737. 1, you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. Date: April 18, 2008 REAGER & ADLER, P.C. J U J H. Pietrzak, Esquire 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 sr co L6_7 - C 'Q _5 .. CJ ,.. 3 t / ? k! Y f LL- `LU S? .:.? V REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzakka,ReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: TwilliamsgReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors, LP BRANDY INVESTORS, LP, Plaintiff V. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION CALABRESE & SONS, INC., and JOSEPH CALABRESE, Defendants NO. () R-- 9- 55-1 l CONFESSION OF JUDGMENT AFFIDAVIT THAT JUDGMENT IS NOT BEING ENTERED BY CONFESSION OF JUDGMENT AGAINST A NATURAL PERSON IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION Commonwealth of Pennsylvania ) ) ss: County of Cumberland ) I, John H. Pietrzak, being duly sworn according to law, hereby state that the judgment being entered by confession is not being entered against a natural person in connection with a consumer credit transaction. 6 Jo . Pietrzak, Esquire Sworn to and subscribed Befark, me this day of ( , 2008 Public COMMONWEALTH OF PENNSYLVANIA Notarial Seat Deborah L. Brenneman, Notary Public Camp HID eoro, Cumberland County ComnllssW Expires June 18, 2010 MIROW, e Me A000tlon of Notaries 03 a?. Cl) - CO - t r, 0 ? cV REAGER & ADLER, P.C. BY:JOHN H. PIETRZAE, ESQUIRE Attorney I.D. No. 79538 Email: JpietrzakkReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: TwilliamsgReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors, LP BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION CALABRESE & SONS, INC. and, NO. (? -) / JOSEPH CALABRESE, Defendants : CONFESSION OF JUDGMENT AFFIDAVIT OF NON-MILITARY SERVICE Commonwealth of Pennsylvania ) ) ss: County of Cumberland ) The undersigned, being duly sworn according to law, deposes and says that the Defendant(s) is/are not in the Military or Naval Service of the United States or Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended: Sworn to and subscribed Befo e me this day of 2008. N tary Public ake?? A<? Jo . Pietrzak, Esquire COMWONyWALTH PENa ANIA Notarial 3eai Deborah L. Brenneman. Noc Camp Hill eoro, CumberlaCommission ExPiree Ju0 r, PenneYNania Assootatbn of Notaries >-- a U I t ..} (:,D Li_i fem. r.? f`a - -e REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak&ReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams?rc RealerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors, LP BRANDY INVESTORS, LP, Plaintiff V. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION CALABRESE & SONS, INC. and, NO. JOSEPH CALABRESE, Defendants : CONFESSION OF JUDGMENT . ENTRY OF APPEARANCE TO THE PROTHONOTARY: Enter my appearance for the above-named Defendants pursuant to the Warrant of Attorney contained in the Lease agreement between the parties, attached hereto. Respectfully submitted, REAGER & ADLER, P.C. G Date: April 18, 2008 Jo . Pietrzak, Esq re ?--a r..' ?_? --- .°?• -TS :--t ?' -?- ,_ ? ;zi-- r?y ', w?V 9 ?.. ..., C '. .... _ _ - ! r e C'". '-?: . % > SHERIFF'S RETURN - REGULAR CASE NO: 2008-02519 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRANDY INVESTORS LP VS CALABRESE & SONS INC ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGMENT was served upon CALABRESE & SONS INC the DEFENDANT , at 1433:00 HOURS, on the 24th day of April , 2008 at 406 BRANDY LANE MECHANICSBURG, PA 17055 by handing to JOSEPH CALABRESE, OWNER ADULT IN CHARGE a true and attested copy of CONFESSION OF JUDGMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.00 Postage .58 Surcharge 10.00 00 y? p/U P 40.58 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/25/2008 REAGER & ALE By: A. D. CASE NO: 2008-02519 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRANDY INVESTORS LP VS CALABRESE & SONS INC ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGMENT was served upon / MT'AT)n=01- 7nCVnTJ the DEFENDANT , at 1433:00 HOURS, on the 24th day of April , 2008 at 406 BRANDY LANE MECHANICSBURG, PA 17055 by handing to JOSEPH CALABRESE a true and attested copy of CONFESSION OF JUDGMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge '/aw ,y /a Y (?- So Answers: 6.00 .00 .00 10.00 R. Thomas Kline _ .00 t/ 16.00 04/25/2008 REAGER & ADLER Sworn and Subscibed to before me this of By. 2 day pu Sh A.D. t*7 F:\F1LES\C1imts\11093 Calabrese\I1093.2.pet2.wpd\tde Created: 9/20/04 0:06PM Revised: 5/16/08 11:27AM 11093.11 Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants BRANDY INVESTORS, LP, : IN THE COURT OF COMMON PLEAS OF Respondent/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2519 CALABRESE & SONS, INC., and CIVIL ACTION - LAW JOSEPH CALABRESE, Petitioner/Defendants PETITION FOR RELIEF FROM CONFESSED JUDGMENT AND NOW, come the Defendants, Calabrese & Sons, Inc. and Joseph Calabrese, by and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and file the following Petition for Relief from Confessed Judgment: 1. Petitioner Calabrese & Sons, Inc. is a Pennsylvania corporation located at 406 Brander Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Petitioner Joseph Calabrese is an adult individual residing at 25 Devonshire Square, Mechanicsburg, Cumberland County, Pennsylvania. 3. Respondent Brandy Investors, LP is a Pennsylvania limited partnership with a mailing address of c/o RSR Realtors, 3 Lemoyne Drive, Suite 100, Lemoyne, Pennsylvania. 4. On April 18, 2008, Respondent filed a Confession of Judgment in the amount of $141,617.56 against Petitioners. 5. The amount of the confessed judgment entered by Respondent includes the following amount: a. $13,180.37 for 2008 county and borough taxes; and b. $1,196.26 for late payment of January 2008 rent. 6. On June 9, 2006, the parties entered into a Commercial Lease Agreement, a copy of which is attached to Respondent's Complaint. 7. Pursuant to Paragraph 4 of the Lease, Petitioners are responsible for the payment of real estate taxes. Respondent is required to provide written notice to Petitioners of the amount of real estate taxes, together with a copy of the tax bill. 9. After Petitioners receive the documentation set forth above in Paragraph 5, Petitioners are required to pay the amount listed on the tax bill within the first thirty (30) days of the face amount period. 10. Pennsylvania Rule of Civil Procedure authorizes Petitioners to either strike or open the confessed judgment. 11. "A petition to strike a judgment maybe granted only for a fatal defect or irregularity appearing on the face of the record." Resolution Trust Corp v. Copley Ou-Wayne Associates, 683 A.2d 269, 273 (Pa. 1996). 12. "Generally, such clearly established defects justifying a motion to strike arise when the judgment entered is for a grossly excessive amount or includes recovery for items that were not permitted in the contract authorizing a confession of judgment." J.F. Realty Co. v. Yerkes, 398 A.2d 215, 217 (Pa. Super. 1979). 13. A court acting in equity should open a confessed judgment "only when the petitioner `acts promptly, alleges a meritorious defense and presents sufficient evidence of that defense to require submission of the issues to the jury."' Id. (quoting First Seneca Bank & Trust Co. v. Laurel Mountain Development Corp., 485 A.2d 1086, 1088 (Pa. 1984).) 14. In this case, the confessed judgment should be stricken because Respondent failed to follow the procedure outlined in the Lease for the payment of the county and borough taxes. 15. Respondent failed to provide written notice to Petitioners of the amount of real estate taxes. 16. Respondent failed to provide Petitioners with a copy of the tax bill. 17. Furthermore, the real estate taxes were not yet due and in fact, were in the discount period. 18. Because Respondent did not provide the requisite notice to Petitioners and because the real estate taxes were not yet due, Respondent violated the terms of the Lease. 19. Because Respondent confessed judgment without complying with the terms of the Lease, the confessed judgment contains a fatal defect, and the judgment should be stricken. 20. In the alternative, the confessed judgment should be opened because Respondent included improper amounts in the confessed judgment. 21. Respondent included the discount rate for the county and borough taxes even though the Lease does not provide for the payment of the discount rate. 22. Respondent also included an improper amount of $1,196.26 for late payment of the January 2008 rent. 23. Respondent provided Petitioners with a Proposed Payment Schedule in February 2008 which states that January rent and late fees were paid February 4, 2008. A copy of the Proposed Payment Schedule is attached hereto and incorporated as Exhibit "A." 24. Prior to the instant Confession of Judgment, Petitioners and Respondent agreed that Petitioners would strive to make a partial payment of past due amounts by April 30, 2008, subject to documented accounts receivable. 25. Respondent filed its Confession of Judgment on April 18, 2008, prior to the agreed- upon deadline of payment, and on May 5, 2008, Petitioners provided payment in the amount of $77,009.73 to Respondent for the undisputed amounts contained in the current Confession of Judgment. A copy of Petitioner's check is attached hereto and incorporated as Exhibit "B." As of this writing, Respondent has not presented the check for payment. 26. No judge has ruled on an issue in this matter. WHEREFORE, Petitioners respectfully request that this Honorable Court issue a stay of the proceedings in this matter and issue a Rule to Show Cause why the judgment in this matter should not be stricken, or in the alternative, opened. MARTSON LAW OFFICES By 'S Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Date: May 16, 2008 EXHIBIT A Calabrese Amounts Past due April 1, 2008 Proposed Payment Schedule School taxes $21,980.20 paid: Aug 24, 2007 $10,000 was paid with the Feb 1 check Interest on school taxes $1,538.61 1% per month x 7 months County taxes $12,709.83 paid: 1211012007 Interest on county raxes $508.39 1% per month x 4 months Roof / MPI $424.36 Preventive maintenance - Paid: Nov 20, 2007 Interest on Roof $21.22 1% per months x 5 months Erie Insurance $4.80 Paid: July 19, 2007 Interest - January rent $239.25 1 % per month @ $239.25 per month x 1 months Jan rent and late fees were paid Feb 4 but not interest February 2008 rent $23,925.21 due Feb 1 Penalty - February rent $1,196.25 5% Interest - February rent $478.50 1 % per month @ $239.25 per month x 2 months March 2008 rent $23,925.21 due Mar 1 Penalty - March rent $1,196.25 5% Interest - March rent $239.25 1% per month @ $239.25 per month x 1 months 2008 Pro rata $38,320.00 8 months of escrow - taxes & insurance thru March Balance Due $126,707.33 PAYMENT - April 1 $90,000.00 Balance Due $36,707.33 Interest - balance forward $367.07 1% per month on balance due April 2008 rent $23,925.21 due April 1 Penalty - April rent $1,196.25 5% Escrow - Taxes & Ins $4,790.00 Interest - April rent $239.25 1 % per month @ $239.25 per month x 1 months May 2008 rent $23,925.21 due May 1 Penalty - May rent $1,196.25 5% Escrow - Taxes & Ins $4,790.00 Balance Due $97,136.57 PAYMENT - May 1 $65,000.00 Balance Due $32,136.57 Interest - balance forward $321.37 1% per month on balance due June 2008 rent $23,925.21 due June 1 Escrow - Taxes & Ins $4,790.00 Balance Due $61,173.15 PAYMENT - June 1 $61,173.15 Balance Due $0.00 PAID UP July 2008 rent $24,532.34 Escrow - Taxes & Ins $4,790.00 Balance Due $29,322.34 due July 1 PAYMENT - July 1 $29,322.34 Calculation of Escrow for Taxes and Insurance 2007 School Taxes $31,980.20 2007 County Taxes $12,709.83 2007 Insurance $7,563.00 $52,253.03 2008 est increase - 10% $5,225.00 2008 Total $57,478.03 Monthly Escrow $4,790.00 2008 Pro Rata $38,320.00 8 months Aug 2007 thru March 2008 EXHIBIT B %oP%L mor?C•7G OI ovilo 111%oVnr%jnml GL/ BRNOY043008 52A8 77 008.73 013405 77.1709.73 CALABRESE S SONS, INC. 013405 406 Brandy Lane ?,,?• 7ry P.O. Box 1667 ;?,` Mechanicsburg, PA 17055 2341W AftrW StrM , Cam W PA 17011 DATE CHECK NO. 80-1878/313 BRANCH1 A41" Memo: FEB. MAR. APR LEASE PAY Seveny-Seven Thousand Nine and 731100 Ddbm Gy 14, GVW CHECK AMOUNT .009.73 TO THE BRANDY WESTORS, LP. ORDER cb RSR REALTORS/mil OF 3 LEMOYNE DRIVE SUITE 100 LEMOYNE, PA 17043 1160 L 340 SP t:0 3 L 3 L8 ?8 ?i: 2 20 100 2 38 ?u' VERIFICATION I, Joseph Calabrese, President of Calabrese & Sons, Inc., hereby verify that I am authorized to sign this Verification and have reviewed the foregoing document and to the extent that the foregoing document contains facts supplied by or known to me, they are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Calabrese & Sons, Inc. ,r seph Calabrese PTILES.CIieMS`d 10930 1093.2.pet2.wpd . .,. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendants' Petition for Relief from Confessed Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John H. Pietrzak, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff MARTSON LAW OFFICES k . 10 - ?T'nncia D. Eckenroad Ten East High Street (7- Carlisle, PA 17013 (717) 243-3341 Dated: May 16, 2008 C'> r.7 "? L>a .y^' tT"' --- C:: '+'t ?.... ? 1 ?, ?? 3 =y '..G u` <.r=1 BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CALABRESE & SONS, INC., and JOSEPH CALABRESE, Defendants NO. 08-2519 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of June, 2008, upon consideration of Defendants' Petition for Relief from Confessed Judgment, it is ordered that: 1. A Rule is issued upon Plaintiff to show cause why Defendants are not entitled to the relief requested; 2. Plaintiff shall file an answer to the motion within 21 days of the date of this order; 3. The petition shall be decided under Pa. R.C.P. 206.7; 4. Depositions shall be completed within 49 days of the date of this order; 5. Argument shall be held on Monday, August 18, 2008, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument. 7. Notice of the entry of this order shall be provided to all parties by the Defendants; and 7 $i : i wj c,,- Ling, 2ooz ?-?xld 3a 40 8. All proceedings relating to this matter shall be stayed pending resolution of the Petition conditional upon a bond posted by Defendants of $75,000.00. BY THE COURT, ZJohn H. Pietrzak, Esq. 2331 Market Street Camp Hill, PA 17011 /Attorney for Plaintiff " Seth T. Mosebey, Esq. David A. Fitzsimons, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendants yica L LL P ? ? fas i J/ Wes ey Ole ., J. F:\FR ES\Clieots\11093 Ca1abn=\I 1093.2.motl.wpd\tde Created: 9/20/04 0:06PM Revised: 6/18/08 1:09PM 11093.11 Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2519 CALABRESE & SONS, INC., and CIVIL ACTION - LAW JOSEPH CALABRESE, Defendants MOTION FOR RECONSIDERATION AND NOW, come the Defendants, Calabrese & Sons, Inc. and Joseph Calabrese, by and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and file the following Motion for Reconsideration: Defendant Calabrese & Sons, Inc. is a Pennsylvania corporation located at 406 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Joseph Calabrese is an adult individual residing at 25 Devonshire Square, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff Brandy Investors, LP is a Pennsylvania limited partnership with a mailing address of c/o RSR Realtors, 3 Lemoyne Drive, Suite 100, Lemoyne, Pennsylvania. 4. On April 18, 2008, Respondent filed a Confession of Judgment in the amount of $141,617.56 against Defendants. 5. On May 16, 2008, Defendants filed a Petition for Relief from Confessed Judgment contesting certain amounts in the Confession of Judgment and Plaintiffs compliance with the parties' Commercial Lease Agreement. 6. On May 5, 2008, Defendants provided payment to Plaintiff in the amount of $77,009.73. A copy ofthe tendered check and acknowledgment from Plaintiffs counsel are attached hereto and incorporated as Exhibit "A." 7. Defendants' payment satisfied the past due rent, late fees and interest for February 2008, March 2008 and April 2008. 8. Defendants' payment also satisfied insurance due to Erie Insurance for 2007. 9. On June 3, 2008, this Honorable Court issued an Order staying all proceedings relating to this matter conditional upon a bond posted by Defendants in the amount of $75,000.00. 10. Taking into account the amount paid by Defendants to Plaintiff on May 5, 2008, the maximum amount of the Confession of Judgment is $64,607.83. 11. Defendants contest the validity of the 10% attorney's commission contained in the Confession of Judgment based on Plaintiffs failure to comply with the terms of the parties' Commercial Lease Agreement and the inclusion of improper amounts in the Confession of Judgment. 12. Excluding the 10% attorney's commission contained in the Confession of Judgment, the maximum amount of the Confession of Judgment is $51,733.51. 13. As set forth in Defendants' Petition for Relief from Confessed Judgment, Defendants contest the validity of other amounts included in the Confession of Judgment. 14. Neither party to this action has requested that this Honorable Court require the posting of a bond as a condition precedent to a stay on proceedings in this matter. 15. Based on the payment of a significant portion of the Confession of Judgment and the fact that neither party requested a bond, Defendants respectfully request that this Honorable Court reconsider its decision to require that Defendants post a bond as a condition precedent to a stay on these proceedings. 16. In the alternative, because the bond required by this Court's Order of June 3, 2008, is in excess of the current amount of the Confession of Judgment, Defendants believe that the amount of bond required to be posted should be reduced. 17. The Honorable Judge Wesley Oler, Jr., has previously ruled on issues in this matter. 18. Counsel for Defendants contacted counsel for Plaintiff seeking Plaintiffs concurrence with this Motion. To date, counsel for Defendants has not received a response. WHEREFORE, Defendants respectfully request that this Honorable Court reconsider its previous Order and issue a revised Order excluding the posting of bond by Defendants as a condition precedent to a stay on proceedings relating to this matter. MARTSON LAW OFFICES B j 1A 3, t?wk Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Date: June 18, 2008 EXHIBIT A t+r?v+oncac a awiva „?a.vnrvnh? cv 013405 BRNOY06m 5Q48 77 MO.73 77.009.73 CALAWESE A SONS, INC. - 408 Brandy Lane 013405 P.O. Banc 1887 MocheniCSburp, PA 17055 ' ' • 1N/ M?Mf ?? • C? NIS M IM I DATV CHECK Na ea+e?arc?a MWO: FEB. AMR. APR LEASE eaANCH , May 2, 2008 013106 PAY Sevenly-Sevin Thmand Aire aM 73N00 Odbe CHECK AMOUNT ''•""'"%7!.009.73 TO Tm BRANDY M/EMTORS, LP. oomm cb RSR REALTORS 3 LEMOYNE DRIVE SUITE 100 ,:?-- LEMOYNE, PA T1W 1100 i 340 5i?' i:0 3 13 i8 ?8 71: 2 20 100 2 313 We ?? "? ' REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1363 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER LINUS E. FENICLE THOMAS O. WILLIAMS PETER R. WILSON SUSAN H. CONFAIR JOHN H. PIETRZAK RICHARD J. JOYCE +Certitied Civil Trial Specialist Writer's E-Mail Address: JPietrzak0_ReaaerAdlerPC.com May 16, 2008 David A. Fitzsimons, Esquire Martson, Deardorff, Williams, Otto, Gilroy & Faller, P.C. Ten East High Street Carlisle, PA 17013 Re: Brandy Investors, LP v. Calabrese & Sons, Inc. and Joseph Calabrese Matter No. 07-554.000 Dear Mr. Fitzsimons: Thank you for the recent progress in this matter. My clients view Calabrese's payment of May 2008 rent and $77,009.73 in back rent, penalties and interest to be a positive development. I spoke to Seth Moseby of your office today to follow up on his cover letter of May 5, 2008, that accompanied Calabrese's check. Specifically, the letter referenced that the check "brings Calabrese current on all undisputed amounts...." Seth informed me that your client believes that there are some credits that should apply to the balances due for rent, taxes, insurance and other amounts that remain unpaid for 2007-2008. To confirm the request that I made to Seth today, please identify any amounts that are in dispute and provide the amount of any credits Calabrese believes should apply and the reason for such credits. Also, please provide a timeline of when Calabrese intends to pay the remaining amounts due. I look forward to your response. Please let me know if you have any questions. Truly Yours, John H. Pietrzak JHP/seh cc: William Rothman, Brandy Investors, LP Jack Jurasits, Brandy Investors, LP CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendants' Motion for Reconsideration was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John H. Pietrzak, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff MARTSON LAW OFFICES By:_ • ?? ri a D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 18, 2008 C> ^a co Q ?rrl y? BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CALABRESE & SONS, INC., and JOSEPH CALABRESE, Defendants NO. 08-2519 CIVIL TERM ORDER OF COURT AND NOW, this 23`d day of June, 2008, upon consideration of Defendants' Motion for Reconsideration, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, JJ ? f8? J 'Wesley Oler r., J. /John H. Pietrzak, Esq. 2331 Market Street Camp Hill, PA 17011 Attorney for Plaintiff ? Seth T. Mosebey, Esq. David A. Fitzsimons, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendants U° l : If ? IJ U VAr 810oZ REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak(a,ReagerAdlerPC com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliam.sC&ReagerAdlerPC com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors LP BRANDY INVESTORS, LP, Plaintiff V. CALABRESE & SONS, INC., and JOSEPH CALABRESE, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 08-2519 : CONFESSION OF JUDGMENT PLAINTIFF BRANDY INVESTORS LP'S ANSWER TO DEFENDANT'S PETITION FOR RELIEF FROM CONFESSED OF JUDGMENT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied as stated. The confessed judgment contains those amounts as well as $21,980.20 for 2007 school taxes, $12,709.83 for 2007 county taxes, $424.36 for roof repairs, and 75,364.38 in past-due rent and late charges, all of which Petitioner failed to pay, in default of the Lease agreement, a copy of which was attached to the Complaint for Confession of Judgment. 6. Admitted. 7. Admitted. 8. Denied as stated. Petitioner is referring to the Lease agreement, which is a writing that speaks for itself. Respondent denies Petitioner's characterization of the Lease agreement to the extent it is inconsistent with the written agreement itself. No copy of the referenced complaint was attached to Defendant's Petition. 9. Denied as stated. Petitioner is referring to the Lease agreement, which is a writing that speaks for itself. Respondent denies Petitioner's characterization of the Lease agreement to the extent it is inconsistent with the written agreement itself. No copy of the referenced complaint was attached to Defendant's Petition. 10. This paragraph contains a legal conclusion to which no response is required. 11. This paragraph contains a legal conclusion to which no response is required. By way of further answer, Petitioner has not identified, anywhere in its Petition, any defects or irregularities appearing on the face of the confession of judgment that would support or warrant striking the judgment. 12. This paragraph contains a legal conclusion to which no response is required. By way of further answer, Respondent's confessed judgment does not include any "grossly excessive amounts" or any amounts that were not permitted in the confession of judgment provision contained in the Lease agreement. Therefore, there is no basis upon which the confessed judgment may be stricken. 13. This paragraph contains a legal conclusion to which no response is required. 14. This paragraph contains a legal conclusion to which no response is required. By way of further answer, the alleged failure to follow the procedure to provide the tax bills to Petitioner does not provide the Court with a basis upon which to strike the confessed judgment as it does not identify a defect or irregularity on the face of the confession of judgment. The Respondent is permitted to confess judgment for possession of the leased property for failure by Petitioner to pay the applicable taxes. Petitioner admitted in paragraph 7 of its petition that it is responsible to pay the taxes. The face of the confessed judgment properly states that Petitioner defaulted under the terms of the Lease for failure to pay the taxes. As such, there is no defect on the face of the confessed judgment that would provide a basis to strike or the confessed judgment. 15. Denied. Respondent has provided Petitioner with written notice of real estate taxes for which Petitioner is responsible. By way of further answer, Petitioner does not specify to which "real estate taxes" it is referring. As a result, Respondent is not able to provide a more specific answer. 16. Denied. Petitioner has not identified to which "tax bill" it is referring. Petitioner has failed to pay numerous tax bills. After reasonable investigation, Respondent is without sufficient information to either admit or deny the factual averments contained in this paragraph. 17. Denied. It is denied that the taxes were not "due". It is further denied that Petitioner was not required to pay the taxes at issue. The Lease requires Petitioner to pay the amount of the taxes to the Respondent within 30 days of notice of the amount due, which may coincide with the discount period. The Lease does not permit Petitioner to wait until after the discount period has expired to pay the real estate taxes. Petitioner has also defaulted under the terms of the Lease by failing to pay other taxes due that were beyond the discount period, which provides an independent basis for the confessed judgment. 18. Denied. Respondent incorporates its Answers to paragraphs 15-17 herein as if fully set forth. 19. Denied. Petitioner has misstated the standard for striking a confessed judgment. The standard is not whether Respondent complied with the terms of the Lease, but rather whether the face of the confession of judgment contains a fatal defect or irregularity, such as the inclusion of amounts not authorized in the confession of judgment provision. Petitioner has not identified, anywhere in its Petition, any defects or irregularities appearing on the face of the confession of judgment that would support or warrant striking the judgment. Petitioner has not alleged or identified any "grossly excessive amounts" or any amounts that were not permitted to be confessed in the confession of judgment provision contained in the Lease agreement. Therefore, there is no basis upon which the confessed judgment may be stricken. 20. Denied. Petitioner has not identified that it has any meritorious defenses to the defaults under the Lease agreement, which form the basis of the confession of judgment. Defendant has admitted that it is responsible to pay the taxes. Petitioner has failed to pay the taxes after repeated notice from Respondent that it is required to do so. Some of the amounts due for taxes date back to August 2007. The amount that Petitioner refers to in paragraph 22 represents only 0.8% of the confessed judgment and does not provide Petitioner with a meritorious defense to the remaining amounts that were confessed, and would not be sufficient to require submission of a defense to the entire confessed judgment to a jury. By way of further answer, Petitioner has waived all errors and defects contained in the confession of judgment pursuant to Paragraph 21 of the Lease that was attached as Exhibit A to the confession of judgment and which provides, in pertinent part: Tenant hereby waives and releases all errors and defects which may intervene in the Landlord's exercise of any of its remedies hereunder, including the summary remedies[.]" Tenant signed by this paragraph in the lease, acknowledging its agreement to such release of all errors and defects. 21. Denied. The Lease requires Petitioner to pay the amount of the taxes to the Respondent within 30 days of notice of the amount due. This may coincide with the discount period. The Lease does not permit Petitioner to wait until after the discount period has expired to pay the real estate taxes. Petitioner has also defaulted under the terms of the Lease by failing to pay other taxes due that were beyond the discount period, which provides an independent basis for the confessed judgment. By way of further answer, Petitioner has waived all errors and defects contained in the confession of judgment pursuant to Paragraph 21 of the Lease that was attached as Exhibit A to the confession of judgment and which provides, in pertinent part: Tenant hereby waives and releases all errors and defects which may intervene in the Landlord's exercise of any of its remedies hereunder, including the summary remedies[.]" Tenant signed by this paragraph in the lease, acknowledging its agreement to such release of all errors and defects. 22. It is admitted that Respondent inadvertently included the $1,196.26 for January rent in the confession of judgment when Petitioner had previously paid this amount. This was inadvertent error and does not rise to the level requiring that the confession of judgment be stricken. Respondent will agree to amend its judgment to remove this amount or will agree to stipulate that Petitioner has satisfied $1,926.26 of the confessed judgment. By way of further answer, Petitioner has waived all errors and defects contained in the confession of judgment pursuant to Paragraph 21 of the Lease that was attached as Exhibit A to the confession of judgment and which provides, in pertinent part: Tenant hereby waives and releases all errors and defects which may intervene in the Landlord's exercise of any of its remedies hereunder, including the summary remedies[.]" Tenant signed by this paragraph in the lease, acknowledging its agreement to such release of all errors and defects. 23. It is admitted that Respondent provided Petitioner with a proposed payment schedule. The proposed payment schedule is a written document that speaks for itself. Respondent denies Petitioner's characterization of the proposed payment schedule to the extent that it is inconsistent with the written instrument itself. 24. Denied. Respondent never agreed to allow Petitioner to pay its rent, or any amount due under the lease later than the first day such amounts were due. Respondent has at all times expected and demanded that Petitioner pay its rent and other amounts on the dates they are due. Petitioner had failed to pay rent for the months of February and March 2008 and represented to Respondent that it would pay the amounts due for these months and its April rent on April 1, 2008. Respondent never agreed to such late payment nor did it ever agree that it would delay the filing of the confessed judgment at issue. 25. Denied. There was no "agreed-upon deadline" as Respondent has always demanded that Petitioner pay its rent and other amounts due on the dates they are due. Petitioner failed to pay rent for February, March and April 2008 when due and informed Respondent that it would pay the amounts late. There was no agreement that Petitioner was permitted to pay its rent past the due dates and there was no agreement that Respondent would not file a confessed judgment. 26. Admitted. WHEREFORE, Respondent, Brandy Investors, LP, requests this Honorable Court to deny Petitioners' Petition for Relief from Confessed Judgment in Ejectment. Respectfully submitted, REAGER & ADLER, P.C. Date: June 24, 2008 H. Pietrzak, Esquir Attorney I.D. No. 79538 Thomas O. Williams, Esquire Attorney I.D. No. 67987 Attorneys for Plaintiff, Brandy Investors, LP VERIFICATION I, William Rothman, hereby verify that I am a Partner in Brandy Investors, LP, and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: 4 ? d v By. BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CALABRESE & SONS, INC., and JOSEPH CALABRESE, Defendants CIVIL ACTION NO. 08-2519 : CONFESSION OF JUDGMENT CERTIFICATE OF SERVICE AND NOW, this Z 3 day of June, 2008, I hereby verify that I have served a true and correct copy of the foregoing document via U.S. mail, first class, postage prepaid and addressed as follows: Seth T. Mosebey, Esquire David A Fitzsimons, Esquire Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 REAGER & ADLER, P.C. By: H. PIETRZAK, ESQUIRE Q T . -?? is =ra n 1 er j REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak@ReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: TwilliamskReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors, LP BRANDY INVESTORS, LP, Plaintiff V. CALABRESE & SONS, INC., and JOSEPH CALABRESE, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 08-2519 CONFESSION OF JUDGMENT PLAINTIFF BRANDY INVESTORS. LP'S ANSWER TO DEFENDANT'S MOTION FOR RECONSIDERATION 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied as stated. Defendants' payment of $77,009.73 reduced the confessed judgment at the time it was filed to $64,607.83. However, interest continues to accrue on all past due amounts, at the rate of 6% per year, or $10.62 per day ($3,876.47 per year). The amount of the judgment, therefore, continues to increase until the Defendants pay the remaining past due amounts. 11. Denied as stated. Defendants have no basis to challenge the attorney's commission included in the confessed judgment. Defendants admitted in their Petition for Relief from Confessed Judgment, filed separately with this Court, that they were responsible under the terms of the Lease to pay all taxes related to the leased premises. The confessed judgment at issue is based upon Defendants' failure to pay the taxes as required in the Lease. The confessed judgment and attorney's commission authorized in the Lease are therefore valid. 12. It is admitted that Defendants' calculation is mathematically correct; however the calculation is irrelevant, as Defendants have no basis to challenge the attorney's commission. By way of further Answer, $7,700.97 of the attorney's commission was based upon the $77,009.73 Defendants owed for past due rent, late fees and Erie insurance premiums, which Defendants do not challenge. The fact that Defendants paid this portion of the confessed judgment does not relieve them of responsibility to pay the corresponding attorney's commission, which is authorized by the Lease. 13. It is admitted that Defendants have attempted to raise defenses to their responsibility to pay the past due taxes in their Petition for Relief from Confessed Judgment, filed separately with this Court. Defendants have not raised any issues that would provide a meritorious defense to the confessed judgment or require that the confessed judgment be stricken. 14. Admitted. 15. Denied as stated. Plaintiffs respectfully disagree and request the Court to leave the bond requirement in effect. Defendants defaulted on their obligation to pay the taxes included in the confessed judgment going back as far as August 2007 and have refused to pay those or any other taxes that have come due since, despite numerous requests from the Plaintiffs. Plaintiffs as landlords have been overly generous with their patience in the face of Defendants' continued ongoing failure to comply with its basic obligations under the lease, including the requirement to pay the taxes. Further, Plaintiffs mitigated their damages by paying the taxes upon Defendants' failure to do so and have carried portions of that debt for almost a year. Defendant has admitted responsibility to pay all taxes required in the Lease in its Petition for Relief from Confessed Judgment, filed separately with this Court. Therefore, there is no compelling reason to remove the bond requirement. 16. Denied as stated. Defendant respectfully requests that this Honorable Court not reduce the bond requirement. Because interest on the remaining $64,607.83 will accrue at the rate of $3,876.47 per year, the $75,000.00 bond requirement is reasonable and leaves adequate room for the continued accrual of interest as this matter proceeds forward. 17. Admitted. 18. Admitted. WHEREFORE, Plaintiff, Brandy Investors, LP, requests this Honorable Court to deny Defendants' Motion for Reconsideration. Respectfully submitted, REAGER & ADLER, P.C. Date: July 2, 2008 Jo . Pietrzak, Esquire A mey I.D. No. 79538 Thomas O. Williams, Esquire Attorney I.D. No. 67987 Attorneys for Plaintiff, Brandy Investors, LP 4 VERIFICATION I, William Rothman, hereby verify that I am a Partner in Brandy Investors, LP, and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. 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: < By: William Rothman BRANDY INVESTORS, LP, Plaintiff v. CALABRESE & SONS, INC., and JOSEPH CALABRESE, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 08-2519 CONFESSION OF JUDGMENT CERTIFICATE OF SERVICE AND NOW, this 2_^ day of July, 2008, I hereby verify that I have served a true and correct copy of the foregoing document via U.S. mail, first class, postage prepaid and addressed as follows: Seth T. Mosebey, Esquire David A Fitzsimons, Esquire Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 REAGER & ADLER, P.C. By: H. PIET , ESQUIRE C) C' cs n A +rT? Cz "am" 7 33 z5(--A , ?- l + w i 't j?tl iJ ` c Ed s C ©rn BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CALABRESE & SONS, INC., and JOSEPH CALABRESE, Defendants NO. 08-2519 CIVIL TERM ORDER OF COURT AND NOW, this 18`h day of July, 2008, upon consideration of Defendants' Motion for Reconsideration and the Plaintiffs Answer to the Defendants' Motion for Reconsideration, the motion is granted to the extent that the bond provided for in the order of court dated June 3, 2008, is reduced to $64,607.83. BY THE COURT, John ZH. Pietrzak, Esq. Thomas O. Williams, Esq. 2331 Market Street Camp Hill, PA 17011 /Attorneys for Plaintiff Seth T. Mosebey, Esq. David A. Fitzsimons, Esq. 10 East High Street Carlisle, PA 17013 Attorneys for Defendants ozrt-Es ?/??.IDS AiNli `r'"` C 0 :0 !Wd 1 Z Inr OUR F:T1LES1CIients111093 Calabrese\I 1093.2.stipo1ation2.wpd\tde Created: 9/20/04 0:06PM Revised: 7/30/08 1 1:11 AM 11093.11 Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants BRANDY INVESTORS, LP, : IN THE COURT OF COMMON PLEAS OF Respondent/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-2519 CALABRESE & SONS, INC., and CIVIL ACTION - LAW JOSEPH CALABRESE, : Petitioner/Defendants JOINT STIPULATION AND NOW, come Plaintiff, Brandy Investors, LP by and through its attorneys, REAGER & ADLER, P.C., and Defendants, Calabrese & Sons, Inc. and Joseph Calabrese, by and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and file the following Joint Stipulation: 1. On April 18, 2008, Brandy Investors, LP filed a Confession of Judgment against Calabrese & Sons, Inc. 2. On or about May 16, 2008, Calabrese & Sons, Inc. and Joseph Calabrese ("Defendants") filed a Petition for Relief from Confessed Judgment. 3. On or about June 24, 2008, Brandy Investors, LP filed an Answer to Defendants' Petition for Relief. 4. By Order of this Court dated June 3, 2008, deadlines were set for depositions and briefs, and argument was scheduled for August 18, 2008. 5. The parties have been in discussions regarding resolution of this matter and the process for proceeding in lieu of litigation. 6. Based on the parties' discussions and meetings between them, Defendants are requesting a 60-day extension for the filing of briefs, along with an extension for the completion of depositions, and that the argument on this matter be rescheduled accordingly. 7. Brandy Investors, LP joins in Defendants' request for a 60-day stay of litigation and extension of deadlines. 8. This matter is currently scheduled before the Honorable Wesley Oler, Jr. 9. Brandy Investors agrees to waive Defendants' posting of bond as required by the Court Orders of June 3, 2008, and July 18, 2008, for a period of 60 days from the date of this Joint Stipulation and will provide 10 days' written notice of its intent that bond be posted. 10. Contemporaneously with this Joint Stipulation, the parties are filing a Joint Stipulation at Docket No. 2008-2522, which relates to the same dispute between the parties. That matter is assigned to the Honorable M.L. Ebert, Jr. WHEREFORE, Brandy Investors, LP, Calabrese & Sons, Inc. and Joseph Calabrese respectfully request that this Honorable Court issue an Order providing an extension for the completion of depositions and for the submission of briefs and reschedule the argument on this matter accordingly. REAG ADLE`R, P _ By V Jo Pietrzak, E uire I.D o. 79538 Thomas O. Williams, Esquire I.D. No. 67987 Attorneys for Plaintiff MARTSON LAW OFFICES By AZ? 7. Seth T. Mosebey, Esquir I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Date: July 29, 2008 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Joint Stipulation was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John H. Pietrzak, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff MARTSON LAW OFFICES By: , % M Price Tent High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 30, 2008 ?--..? > _?i ` 'n J e .. '"? I? , , :"4 ??_. C? ?4? d ' L.,"'t - Y S"` -? ? ? ? ~` d JUL 31 2008 (n BRANDY INVESTORS, LP, : IN THE COURT OF COMMON PLEAS OF Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-2519 CALABRESE & SONS, INC., and CIVIL ACTION - LAW JOSEPH CALABRESE, Petitioner/Defendants ORDER AND NOW, this 44 day of N , 2008, upon consideration of the foregoing Joint Stipulation, it is hereby ordered that: (1) all litigation in this matter is stayed for a period of 60 days; (2) the parties shall submit briefs in this matter on or before October 10, 2008; (3) depositions shall be completed by October 1, 2008; and (3) argument in this case shall be held on ?/--_, 2008, in Courtroom 1 of the Cumberland County Courthouse. _1d,& ,5- M . BY THE COURT, , J. cc: H. Pietrzak, Esquire - for Respondent eth T. Mosebey, Esquire - for Petitioner/13 c CD »... -mss. r.. 1 LL to _ ?tL1 _t t ? ~ C.", C \ f . C"= F:\FILES\C1ients\11093 Calabrese\11093.2.stipu1ation3.wpd\tde Created: 9/20/04 0:06PM Revised: 9/30/08 11:57AM 11093.11 Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants BRANDY INVESTORS, LP, : IN THE COURT OF COMMON PLEAS OF Respondent/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-2519 CALABRESE & SONS, INC., and CIVIL ACTION - LAW JOSEPH CALABRESE, ; Petitioner/Defendants JOINT STIPULATION AND NOW, come Plaintiff, Brandy Investors, LP by and through its attorneys, REAGER & ADLER, P.C., and Defendants, Calabrese & Sons, Inc. and Joseph Calabrese, byand through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and file the following Joint Stipulation: 1. On April 18, 2008, Brandy Investors, LP filed a Confession of Judgment against Calabrese & Sons, Inc. 2. On or about May 16, 2008, Calabrese & Sons, Inc. and Joseph Calabrese ("Defendants") filed a Petition for Relief from Confessed Judgment. 3. On or about June 24, 2008, Brandy Investors, LP filed an Answer to Defendants' Petition for Relief. 4. By Order of this Court dated June 3, 2008, deadlines were set for depositions and briefs, and argument was scheduled for August 18, 2008. 5. By Stipulation dated July 29, 2008, the parties agreed to stay litigation in this matter for a period of 60 days. 6. Pursuant to this Court's Order dated August 1, 2008, briefs are due on or before October 10, 2008, depositions are to be completed by October 1, 2008, and a hearing is scheduled for October 22, 2008. 7. The parties have been conducting ongoing discussions regarding resolution of this matter and the process for proceeding in lieu of litigation. 8. Based on the parties' discussions and meetings between them, the parties are requesting a 60-day extension for the filing of briefs, along with an extension for the completion of depositions, and that the argument on this matter be rescheduled accordingly. 9. This matter is currently scheduled before the Honorable Wesley Oler, Jr. 10. Brandy Investors agrees to waive Defendants' posting of bond as required by the Court Orders of June 3, 2008, and July 18, 2008, for a period of 60 days from the date of this Joint Stipulation and will provide 10 days' written notice of its intent that bond be posted. WHEREFORE, Brandy Investors, LP, Calabrese & Sons, Inc. and Joseph Calabrese respectfully request that this Honorable Court issue an Order providing an extension for the completion of depositions and for the submission of briefs and reschedule the argument on this matter accordingly. REAGER & ADLER, P.C. By Jo H. Pietrzak, squire I. Y. No. 79538 Thomas O. Williams, Esquire I.D. No. 67987 Attorneys for Plaintiff MARTSON LAW OFFICES By Seth T. Mosebey, Esgi%re I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Date: September 29, 2008 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Joint Stipulation was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John H. Pietrzak, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff MARTSON LAW OFFICES By: Q M . Price Ten E High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 30, 2008 CX, ?r OCT 01 zuud (rv BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS OF Respondent/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-2519 CALABRESE & SONS, INC., and CIVIL ACTION - LAW JOSEPH CALABRESE, Petitioner/Defendants ORDER AND NOW, this 24 day of Q LA, 2008, upon consideration of the foregoing Joint Stipulation, it is hereby ordered that: cc: (1) all litigation in this matter is stayed for a period of 60 days; (2) the parties shall submit briefs in this matter on or before December 12, 2008; (3) depositions shall be completed by December 3, 2008; and q (3) argument in this case shall be held on 2.W&,? in Courtroom _L of the Cumberland County Courthouse, = P yl'? , Z'"-m H. Pietrzak, Esquire - for Respondent/4aintiff ? Seth T. Mosebey, Esquire - for Petitioner/Defendant 1 1 ap/458 uJ =?- d X a d C FARLES\Clients\11093 Calabrese\I 1093.2.stipu1ation5.wpd\tde Created: 9120/04 0:06PM Revised: 12 MS 9:17AM 11093.11 Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS OF Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-2519 CALABRESE & SONS, INC., and CIVIL ACTION - LAW JOSEPH CALABRESE, Petitioner/Defendants JOINT STIPULATION AND NOW, come Plaintiff, Brandy Investors, LP by and through its attorneys, REAGER & ADLER, P.C., and Defendants, Calabrese & Sons, Inc. and Joseph Calabrese, by and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and file the following Joint Stipulation: 1. On April 18, 2008, Brandy Investors, LP filed a Confession of Judgment against Calabrese & Sons, Inc. 2. On or about May 16, 2008, Calabrese & Sons, Inc. and Joseph Calabrese ("Defendants") filed a Petition for Relief from Confessed Judgment. 3. On or about June 24, 2008, Brandy Investors, LP filed an Answer to Defendants' Petition for Relief. 4. The parties previously filed two Stipulations seeking extensions in this case due to the parties' efforts to resolve this matter outside of litigation. 5. The parties continue to conduct discussions regarding resolution of this matter and the process for proceeding in lieu of litigation. 6. Based on the parties' discussions and meetings between them, the parties are requesting another 60-day extension for the filing of briefs, along with an extension for the completion of depositions, and that the argument on this matter be rescheduled accordingly. 7. This matter is currently scheduled before the Honorable J. Wesley Oler, Jr. 8. Brandy Investors agrees to waive Defendants' posting of bond as required by the Court Orders of June 3, 2008, and July 18, 2008, for a period of 60 days from the date of this Joint Stipulation and will provide 10 days' written notice of its intent that bond be posted. WHEREFORE, Brandy Investors, LP, Calabrese & Sons, Inc. and Joseph Calabrese respectfully request that this Honorable Court issue an Order providing an extension for the completion of depositions and for the submission of briefs and reschedule the argument on this matter accordingly. REAGER & ADLER, P.C. By J H. Pietrz , Esquir . . No. 79538 Thomas O. Williams, Esquire I.D. No. 67987 Attorneys for Plaintiff MARTSON LAW OFFICES By Seth T. Mosebey, Es ire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Date: December ?, 2008 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Joint Stipulation was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John H. Pietrzak, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff MARTSON LAW OFFICES ByM?a . Price Ten t High Street Carlisle, PA 17013 (717) 243-3341 Dated: December _J_, 2008 ? ? C ?rra 4? L 4... ? y y , 1 11 {' ?. w y ~ ' r'. ? { ? ? :? ?'"? Y ? , ? ... ?? 4'i"?. ?Yy ?..:. L.?? ?? 0E0 10' [GO8 64 BRANDY INVESTORS, LP, : IN THE Respondent/Plaintiff : CUMBI V. NO. 2008- 519 CALABRESE & SONS, INC., and CIVIL ACTION JOSEPH CALABRESE, Petitioner/Defendants ORDER AND NOW, this day of , 201 Joint Stipulation, it is hereby ordered that: (1) all litigation in this matter is stayed for a per (2) the parties shall submit briefs in this matter i (3) depositions shall be completed by February (3) argument in this case shall be held on _ Courtroom _1__ of the Cumberland County BY OF COMMON PLEAS OF COUNTY, PENNSYLVANIA - LAW upon consideration of the foregoing d of 60 days; or before February 12, 2009; 2009; and ?k q , 2009," in COURT, , J. cc: John H. Pietrzak, Esquire - for Respc ? Seth T. Mosebey, Esquire - for Petiti CD 1 v.s m a.t LL a :I V?{QZ .7 ! . t 41, REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak@ReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams@Reag_erAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brandy Investors, LP BRANDY INVESTORS, LP Plaintiff V. CALABRESE & SONS, INC. and, JOSEPH CALABRESE Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 08-2519 : CONFESSION OF JUDGMENT PRAECIPE TO WITHDRAW COMPLAINT IN CONFESSION OF JUDGMENT, CONFESSION OF JUDGMENT AND JUDGMENT ENTERED THERON TO: The Prothonotary: Please withdraw the Complaint in Confession of Judgment, Confession of Judgment and the Judgment entered thereon in Docket number 08-2519, as captioned above. Date: January 28, 2009 01'n lj2wt?( Jo ,WTI. Pie ak, Esquire Attorney I.D. No. 79538 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 28th day of January, 2009, I hereby verify that correct co ?' I have caused a true and py of the foregoing Praecipe for Withdrawal of Complaint in Confession Confession of Judgment and Judgment to be placed in the U.S. mail, postage prepaid and addressed as follows: David A. Fitzsimons, Esquire Martson, Deardorff , Williams Otto Gilroy & Faller, P.C. Ten East High Street Carlisle, PA 17013 /C/ John . Pietrzak, Esquire ,. -?a • a ?? 'y -tea PW 1% BRANDY INVESTORS, LP, Plaintiff V. CALABRESE & SONS, INC., and JOSEPH CALABRESE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2519 CIVIL TERM NO. 08-2522 CIVIL TERM IN RE: DEFENDANTS' PETITION FOR RELIEF FROM CONFESSED JUDGMENT ORDER OF COURT AND NOW, this 3& day of January, 2009, upon consideration of the attached letter from John H. Pietrzak, attorney for Plaintiff, the argument scheduled in the above matters for March 4, 2009, is cancelled. BY THE COURT, ,40o'hn H. Pietrzak, Esq. Thomas O. Williams, Esq. 2331 Market Street Camp Hill, PA 17011 Attorneys for Plaintiff /eth T. Mosebey, Esq. David A. Fitzsimons, Esq. 10 East High Street Carlisle, PA 17013 Attorneys for Defendants i?? . _ ? ?! 11 .? k,9 c-?p 'k?54?IJ '?1 :; I??..3 ??,A YY?SS REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com k THEODORE A. ADLER + SUSAN H. CONFAIR DAVID W. REAGER JOHN H. PIETRZAK LINUS E. FENICLE RICHARD J. JOYCE THOMAS O. WILLIAMS NEELY E. MEALS PETER R. WILSON WAYNE S. MARTIN, P.E. +Certified Civil Trial Specialist Writer's E-Mail Address: JPietrzak(dReaaerAdlerPC.com January 28, 2009 Court Administrator's Office Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013 Re: Brandy Investors, LP v. Calabrese & Sons, Inc., and Joseph Calabrese Civil Action No. 08-2519, No. 08-2522 Our file no.: 07-554.000 Dear Sir.Madam: Please remove the arguments in the above-captioned matter off of the court calendar for February 2009. We will be filing Praecipes to Withdraw the Judgments in both matters with the Cumberland County Prothonotary. If you have any questions, please do not hesitate to contact us. Thank you. ery truly yours, John H. Pietrzak JHP/jls Enclosures cc: Mr. William F. Rothman Mr. Jack Jurasits David A. Fitzsimons, Esquire C/?ti ?CP ??9 Phelan Hallin & Schmieg, LLP Lawrence T. helan, Esq., Id. No. 32227 Francis S. Ha linan, Esq., Id. No. 62695 Daniel G. Sc ieg, Esq., Id. No. 62205 Michele M. B adford, Esq., Id. No. 69849 Judith T. Ro ano, Esq., Id. No. 58745 Sheetal R. S -Jani, Esq., Id. No. 81760 Jenine R. Da y, Esq., Id. No. 87077 Lauren R. Ta as, Esq., Id. No. 93337 Vivek Srivas va, Esq., Id. No. 202331 Jay B. Jones, sq., Id. No. 86657 Peter J. Mulc y, Esq., Id. No. 61791 Andrew L. Sp 'vack, Esq., Id. No. 84439 Jaime McGui ess, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Gold man, Esq., Id. No. 205047 1617 JFK Bo levard, Suite 1400 One Penn Ce ter Plaza Philadelphia, A 19103 215-563-7000 CITIMORT AGE. INC. Plaintiff VS. PAMELA K.IGRACEY Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 2009-02519 CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: TO THE PROTHONOTARY: e Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: / Date: Lawrence T. Phelan, Esquire 411-ancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire PHS #: VERIFICATION Aaron Menne hereby states that he/she is of CITIMORTGAGE, INC., servicing agent for Plaintiff, INC., in this matter, that he/she is authorized to take this Verification, and to authorities. ice that tho statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct Ito the best of his/her knowledge, information and belief. The undersigned understands that thi? statement is made subject to the penalties of 18 Pa. ?$. Sec. 4904 relating to unswom DA' 4/15/09 Company: CITIMORTGAGE, INC. Loan: File #: Phelan Hallb Lawrence T. Francis S. H, Daniel G. Sc Michele M. I Judith T. Roi Sheetal R. St Jenine R. Da Lauren R. Ta Vivek Srivas Jay B. Jones, Peter J. Mulc Andrew L. S] Jaime McGu: Joshua I. Go] 1617 JFK Bo One Penn Ce Philadelphia, *?15-1;61-7nni CITIMOR Plaintiff VS. PAMELA K.I GRACEY in & Schmieg, LLP 'helan, Esq., Id. No. 32227 linan, Esq., Id. No. 62695 mieg, Esq., Id. No. 62205 radford, Esq., Id. No. 69849 ano, Esq., Id. No. 58745 di-Jani, Esq., Id. No. 81760 ey, Esq., Id. No. 87077 as, Esq., Id. No. 93337 iva, Esq., Id. No. 202331 :sq., Id. No. 86657 hy, Esq., Id. No. 61791 ivack, Esq., Id. No. 84439 mess, Esq., Id. No. 90134 P. Fliakos, Esq., Id. No. 94620 man, Esq., Id. No. 205047 levard, Suite 1400 ter Plaza 'A 19103 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS INC. CIVIL DIVISION NO. 2009-02519 CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint as sent via first class mail to the following on the date listed below: t l i PAMELA K. GRACEY 3950 BROOKRIDGE DRIVE MECHANICSBURG, PA 17050-2103 Date: Phelan Hallinan & Schmieg, LLP Attorn for Plaintiff By:. Lawrence T. Phelan, Esquire ..Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire FLED-,C" - ?, r , 9' n, !_APY OF 2009 PlAY 20 Pry I : 5 r t r f' ?". i'YS? [[,? t