HomeMy WebLinkAbout08-25220
REAGER & ADLER, P.C.
BY:JOHN H. PIETRZAK, ESQUIRE
Attorney I.D. No. 79538
Email: JpietrzakkReagerAdlerPC 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
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CALABRESE & SONS, INC.,
Defendant
CIVIL ACTION
NO. Q-? 5- c??? ?cr??
CONFESSION OF JUDGMENT IN EJECTMENT
CONFESSION OF JUDGMENT IN EJECTMENT
Pursuant to the authority contained in the Warrant of Attorney, the original or a copy of
which is attached to the Complaint filed in this action, I appear for the Defendant and confess
judgment in ejectment in favor of the Plaintiff and against Defendant for possession of the real
property described below:
The office, warehouse and machine shop facilities located at 406 Brandy Lane,
Mechanicsburg, Pennsylvania 17055.
Date: April 18, 2008
Respectfully submitted,
REAGER & ADLER, P.C.
John . APietrzak, Esquire
Attorney for Defendant
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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@ReaierAdlerPC 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.,
Defendant
: CIVIL ACTION
NO. 0 $-
: CONFESSION OF JUDGMENT IN EJECTMENT
PRAECIPE FOR ENTRY OF JUDGMENT IN EJECTMENT BY CONFESSION
TO THE PROTHONOTARY:
Kindly enter judgment in ejectment by confession in the above-captioned matter against the
Defendant for possession of the real property described below:
The warehouse facility and any offices located at 406 Brandy Lane, Mechanicsburg,
Pennsylvania 17055.
Date: April 18, 2008
Respectfully submitted,
REAGER & ADLER, P.C.
Jo k.PieAtrzak, Esquire
Attorney for Defendant
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REAGER & ADLER, P.C.
BY:JOHN H. PIETRZAK, ESQUIRE
Attorney I.D. No. 79538
Email: Jpietrzakna ReagerAdlerPC com
BY: THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
Email: Twilliams(QReagerAdlerPC 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.,
Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION
NO. o ?;- - ?- ) aj Crv i `fc1r?
: CONFESSION OF JUDGMENT IN EJECTMENT
COMPLAINT IN CONFESSION OF JUDGMENT
FOR POSSESSION OF REAL PROPERTY
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. This is an action to confess judgment for possession of real property arising out of
C&S's default of a commercial lease entered into between Brandy and C&S on June 9, 2006.
4. Judgment is not being entered by confession of judgment against a natural person in
connection with a residential lease.
The property at issue is a building located at 406 Brandy Lane, Mechanicsburg,
Pennsylvania 17055, which houses office, warehouse and machine shop facilities.
6. On June 9, 2006, Brandy and C&S entered into a commercial lease agreement
(hereinafter the "Lease") under which Brandy demised and let the building at 406 Brandy Lane,
Mechanicsburg, Pennsylvania, 17055, which houses certain office, warehouse and machine shop
facilities, to C&S for a period of ten (10) years.
7. C&S has defaulted under the terms of the Lease by failing to pay the rent due and
owing for February, March and April 2008, in the principal amount of $71,775.63, not including
applicable late fees and interest.
8. C&S has further defaulted under the terms of the Lease by failing to pay taxes,
insurance and other charges due under the terms of the Lease, in the principal amount of
48,299.56, not including interest.
9. A true and correct copy of the Lease under which Defendants have confessed
judgment is attached hereto and incorporated herein, as Exhibit "A".
10. The Lease under which judgment is being confessed has not been assigned.
11. 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.
12. The terms of the Lease permit Brandy to confess judgment on more than one
occasion.
13. A second confession of judgment for monetary damages in the amount of
$141,617.56 for C&S's current defaults under the Lease has been entered in Cumberland County
on April 18, 2005, under docket number 61VI 4E-f/tk
14. Judgment in ejectment and for possession of the real property at issue is demanded
as authorized by the Warrant of Attorney contained in the Lease attached as Exhibit "A".
15. The Warrant appearing in the attached Lease is less than twenty (20) years old.
WHEREFORE, Plaintiff, Brandy Investors, LP, demands judgment in ejectment against
Defendants, Calabrese & Sons, Inc. and Joseph Calabrese, and for possession of the building
located at 406 Brandy Lane, Mechanicsburg, Pennsylvania 17055 as authorized by the Warrant
appearing in the attached Lease.
Respectfully submitted,
REAGER & ADLER, P.C.
Date: April 18, 2008
John. PietrzaT,, Esquire
Att rney I.D. No. 79538
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
Attorneys for Plaintiff, Brandy Investors, LP
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". s; c\df6ltsr%t-andy\calabrese.lease
June 9, 2006
COMMERCIAL LEASE AGREEMENT
THIS LEASE AGREEMENT, made as of the 9th 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 86,000 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 9th
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 iii 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 rental shall be
payable in advance on 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
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shc?dlbl s",brandylcatabrese.lease
June - 9,, 2006
20 (entitled Notices) herein below, or such other places as the
subject to the following: at the time of settlement on the salLandlord ma
Tenant b(Seller) to y designate,
Landlord (Buyer), Tenant will provide Landlord with a ccr estate from
(3) months base rent in the amount of $70,025.00 to be. held by Landlord in edit of three
for the month of June 2006 will be
Tenant, shall thereafter 0 prorated at settlement. escrow. Rent
commence in advance on the first da f.t rental payments by
The rent as set forth above shall remain constant for the first I of the of the' le
Thereafter, on an g month.
above the prior an anneal scenasis t rent hall increase b (1St) Year of the lease term.
lease Y two and one-half percent (2.5%)
follows:
Lease Yeaz
Year L. Annuent
?0nthl Rent
Year 2: ' $280,100.00
$287
102
50 $23,341.67
Year 3:; ,
.
$294
280
06 $23,925.21
Year 4. ,
.
$301
637
06 $24523.34
Year 5: ,
.
$309
177
98 $25136.42
Year 6: ,
.
$316
907
42 $25'764.83
Year 7: ,
.
$324
830
10 $26,408.95
Year 8:: ,
.
$332
950
85 $27,069.18
Year 9:1
Year 10`: ,
.
$341,274.62 $27,745.90
439
$28
55
$349,806.48 ,
.
$29 150 54
4.
Any rental
Payment not received by the 5th of the month shall be subject to a 5%
The rent for the renewal terms set forth in Para late fee.
one-half percent (2.5 /o) above the graph 2 abovepshaorll increaserenewab
y two and
rent, as the case maybe Prior lease Year's. rent or
ril lease year's
All amounts (other than Rental, which shall be
the'Tenant to the Landlord hereunder shall be paid within
date that Landlord; renders statements payable as herein set forth) owed by
five days from the
(including Rental) not paid when dushall accrueuandtberefore and
one percent 1% n all amounts
( ) p _ month (twelve percent ear interest at the rate of
the essence in Tena>?t's a (1.2%) annual]
payment of Rental and , Y) until paid, Time is d
Tenant s Y)
every term, coven antand condition of this Lease incumbent on T ranantt.
. of each and
REAL ESTATE TAXES, p
A• Real Estate Tages.
As Additional Rent, Tenant a
levied. upon the subject property of any agrees to pay all real estate taxes
Payments by Tenant of all real estate taxes shall ncluding future assessments.
the rentals hereunder. commence simultaneously with
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. s6cldlbtxsrlbrandylcalabnese.4ease '
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 4t '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/townsh.i 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 periods 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 rz?ot, without Landlord's prior written consent in each instance (which
shall not be unreasonably withheld) connect any additional fixtures, appliances or
equipment (other thafi lamps, typewriters and similar small office machines) to the
Building electric distz bution systems or make any alteration or addition to the electric
system of the Premises existing on the commencement date of this Lease.
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St ddlblrsrlbrandylcalabrese.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, machinery 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 the 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 cohere 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.
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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 terms, and
Tenant's rent shall be increase by said amount. Landlord shall give Tenant thirty
(30) days advance notice of any increase in rent.
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ghcldlblrsAbrandylglabrese.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 specifically 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 repairs. required of Landlord as set forth
in this Section; or to be liable for any damages resulting therefrom, unless
Landlord fails.,- to make the same within a reasonable period (taking into
consideration tie 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 $70,025.00 set
forth in Paragraph 3 above shall serve as Landlord's deposit the receipt of which is hereby
acknowledged as security for the full and faithful performance by Tenant of each and
every term, covenant, and condition of this Lease. In the event.that Tenant defaults in any
of the terms, provisions, covenants, and conditions of this Lease, including but not
limited to payment of:any rental or additional rental, Landlord may use, apply, or retain
the whole or any part' of the security so deposited for the payment of any such sum in
default, or for any other sum which Landlord may expend or be required to expend by
reason of Tenant's de$ ult, including any damages or deficiencies in the reletting of the
premises, whether s4ch damage or deficiency may occur before or after some.
repossession proceeding or other reentry by Landlord. In the even that Tenant shall frilly
and faithfully comply with all the terms and conditions of this Lease, the security or any
balance thereof, shall tie 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 depositin 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 Tenafit to pay, and promptly discharge, all taxes and/or levies, together
with related interest afd 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
5
sheldlb\rsrtbrandylcalabrese.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 any transfer of any nature whatsoever of its- right under this Lease or
of Tenant's interests s6t forth in this Lease without. the prior written consent of Landlord
fast had and obtained Any such assignment or any such subletting, whether approve by
Landlord or not, shallfnot relieve the Tenant of any liability for the total agreed rentals
due hereunder nor frot 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, A.TTORNMENT 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 ?tereby appoints Landlord the attomey-in-fact of Tenant irrevocably
to execute and delivery any such instrument or instruments for and in the name of Tenant.
7
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 t6rm.
f
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
6
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sticldtbtrsrlbrandyicalabrese.lease
June 9, 2006
.F:
contractors, invitees o 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 acts 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, confactors, invitees, or licensees) or caused by or attributable to the
Tenant's failure to per rm 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 part. to 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 terra 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, i inediately 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 of total 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 rent 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 thep for 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 Townsbip signage requirements. It is the responsibility of the Tenant to
investigate all appropriate governmental authorities governing sign size and location and
to optain approval..
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shcldlbksrlbrandylcalabrese.lease '
June 9, 2006
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}rrlier termination or cancellation of this Lease, shall surrender the
Premises and factures therein in the same condition as when initially received by
Tenant, subj ec only to reasonable wear'.
ear ' and tear resulting from normal use, and
shall surrender?ll keys for the Premises to Landlord at the place then fixed for the
payment of rein and shall remove all Tenant's property before surrendering the
Premises. All injuries 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 done 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 rthe end of this Lease, Business machines and such equipment are
excluded from this section.
C. Tenant shall not 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 Oe . 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.
?l
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shcldlblrsribrandy\calabrese.tease y.
June 9; 2006
Y
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 reniiedies available to it hereunder or at law.
1
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 flooding 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 damag6 be caused or result from any thing or circumstance above
mentioned or referred io, or any other thing or circumstance whether of a like nature or of
a wholly different nattire. If any such damage, whether to the Premises or the Building,
result from any act or Neglect of the Tenant, the Landlord may, at the Landlord's option,
repair such damage acid 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,.rea.sonable 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 inventory or other property of Tenant in, about or upon the Premises, as the
case may be, which may be caused by or result from perils, events or happenings which
are the subject of insuonce carried by the Tenant and in force at the time of any such loss.
All property of any bind 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 naturex unless the same is directly caused by gross negligence of the
Landlord and there i? 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
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s hcldlb\rsrlbrandy\calabrese.lease
June 9, 2006
17. TENANT'S INSURANCE. Tenant shall, during the entire term hereof, at its sole cost
and expense, obtain, rriaintain 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 mischief coverage), water damage, sprinkler leakage and plate glass
insurance, on te standard forms, insuring all of Tenant's property in the Premises,
and all bettermprnts, 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 combinationof 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 form or forms of insurance standard to the industry as Landlord may
reasonably regrure from time to time in form, in amounts and for insurance risks
against which a.prudent Tenant would protect itself.
All policies shh1l. be taken out with insurers that are reasonably acceptable to the
Landlord and ,'which are. licensed to do business. in the Commonwealth of
Pennsylvania and 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 Landlord 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
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shckdlb\rsAbrandftalabrese. lease
June 9, 2006
•F
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 furnish 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 shall 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.
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 tho willful or negligent act or omission of Landlord, its agents,
employees or servants.
H. Waiver of Subrogation. Anything in this Lease to the contrary notwithstanding, it
is agreed that each party (the "Releasing Party") hereby releases the other (the
"Released Part") from any liability which the Released Party would, but for this
paragraph H, have had to the Releasing Party during the term of this Lease,
resulting from'the 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 Party), 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 Party, its officers,
agents or employees; PROVIDED, HOWEVER, the release hereinabove set forth
11
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June 9, 2008
shall become inoperative and null and void if the Releasing. Party wishes to place
the appropiiate;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 Party, 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 notice thereof from the Releasing Party pays such increase in premium.
.f
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 possession 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 do cancel the Lease or, if it is entitled to do so, it does not exercise
its option, said Tenant:' ill 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 shall 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 the Tenant hereby agree that any award of proceeds resulting from a
condemnation or sale in 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 the. 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;`
b;
a
12
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§heldlbr'sftrandy\calabrese.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 DEFAUL-M If the Annual Minimum Rent, additional rent, or any other
charge payable by Tdnant 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 cor letes 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, damages for Tenant's. default in an amount equal to the amount of the
rent reserved fbr 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 be 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).
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She Ib?mrlbrandylcalabrese.lease
June 9, 2006
C. At its option, to require that upon (i) any termination of this Lease, whether by
lapse of time of by the exercise of any option by Landlord to terminate the same
or in any othet `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 alleffects therefrom, except such as may not be removed under other
provisions of this Lease.
D. At its option, ?o 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 no event shall Tenant be entitled to receive any surplus of any sums
received. by L ndlord on a reletting in excess of the rental and other charges
payable hereur der. 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, Ter?ant 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 an amicable
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 alb 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, togethet 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
1 shc\dlblrsrlbrandy\calabrese.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 #hfl Leas,? -
(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 ter hereby created or any extension or renewal thereof shall have
expired, it shall be lawful for any attorney of any court of record to appear
as attorney. f? Tenant as well as for all persons claiming by, through or
under Tenants and to sign an agreement for entering in any competent court
an amicable action in ejectment against Tenant and all persons claiming by,
through or under 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
same default and upon any subsequent default. or defaults, or upon the
termination of this Lease or Tenant's right of possession as.hereinbefore set
forth, to bring one or more further amicable action or actions as
hereinbefore set forth to recover possession of the Premises and confess
judgment for the recovery of possession of the/Paremise§ as hereinbefore
provided.
(Tenant)
F
G. In any amic'a'ble action of ejectment and/or for rent and/or other sums
brought here n, Landlord shall first cause to be filed in such action an
affidavit mad by Landlord or someone acting for Landlord, setting forth the
facts necessaryy 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 o'f the copy such affidavit shall be sufficient evidence) shall be
filed in such suit, action or actions, it shall not be necessary to file the original
as a warranty 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
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June 9, 2006
I. Landlord's Right to Cure Defaults. If Tenant fails to perform any agreement or
obligation on ids part to be performed under this Lease, Landlord shall have the
right (i) if no dnergency exists, to perform the same after giving 15 days' notice.
to Tenant; ands (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 dem2.nd, 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 enacted;
Tenant waives any >I9lotice to quit required by any lawn w in force f he fter;
enacted. -
.(Tenant)
R
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, proceeding or other action results in the entry of an order for relief or is
not dismissed within f30 days of the filing thereof, or if Tenant or Guarantor becomes
insolvent or is general-ly 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
shc\dtbkrsrlbrandy\calabrese.lease ' f
June 9, 2006
connection with such arrangement or in connection with the appointment of such
custodian), or if Tenant 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
rights and remedies under this Lease and applicable law, this Lease shall, at Landlord's
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 order 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 Landlord from Tenant or others in behalf of Tenant. All rent,
additional rent and othkr 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 tiine 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 parry, the 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 ? 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.
17
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June 9, 2006
C.
Any person or ntity to which this Lease is assigned pursuant to the provisions of
the Bankruptcy Code, 11 U.S.C. Section 101, et seg (the "Bankruptcy Code")
shall be deemed without further act or deed to have assumed all of the obligations
arising under.tbis Lease on and after the date of such assignment. If this Lease 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
. tis
by occupying the Premises the Tenant formally accepts the same and acknowledges that
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 Fedeial Water Pollution Control Act (33 U.S.C. §1251, et se .), the Safe
Drinking Water Act (42 U.S.C. §300(f), et sec,.), the Toxic Substance Control Act
(15 U.S.C. §2601, et seg.), the Clean Air Act (42 U.S.C §7401, et sect.), or any
other federal, istate 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 noWi* 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
shcldlblrsrlbrandyAcalabrese.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 will indemnify and hold
Landlord harm?'ess. 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 eperts, 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 TITLE. 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 'OT any part of either to any lien or encumbrance.
26. BOLDING OVER. if 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. :w. homever. Any reference to Tenant he rein shall, for the purposes
19
sheldlbGmrtbrandylcalabrese.lease
June 9, 2006
of determining liability' for property damage and the like, be deemed to include. Tenant,
his or its. agents, officers, employees, servants, partners, independent contractors,
licensees, invitees or visitors 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 tb create or increase any obligation on the part of Landlord with
respect to repairs or improvements.
30. ESTOPPEL CERTIFICATE. At any time, and form time to time, the parties agree
that within ten (10) days following request in writing from the other party, to execute,
acknowledge and deliver to the requesting party a statement in writing certifying that this
Lease is unmodified acid in full force and effect (or if there have been modifications that
the same is full force ;and 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'71of 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/WAJVER 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 hereunder, 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 (3), 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
shcWlb\rsrlbrandy\calabrese.lease
June 9, 2006
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 fhe arbitrator or arbitrators may deem proper. The award rendered
by the arbitrator or ar. itrators shall be appealable to a court of competent jurisdiction
within thirty (30) d.aysy6f notice of the arbitrators' award. Such appeal shall be prosecuted
without delay and as rapidly as possible.
33. GUARANTY. At the. time of executing this Lease, Tenant shall provided to Landlord a
signed Guaranty of Lase including the signature of the spouse, if any, in form and
substance as set forth iii Exhibit B hereto. Each*Guarantor shall provide Landlord with an
1
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, whicWwould 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 cc'venant 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. MISCELLANEOUS, PROVISIONS. No act or thing done or omitted to be done by
Lan dlord 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 to 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.
21
sheldlblrsrlbrandylcalabrese.lease
June 9, 2006
Tenant represents and: warrants to Landlord that Tenant has not incurred and will not
incur any liability fbi 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 .or individuals, men or women, shall in all cases.be assumed as
though in each case fully expressed.
The invalidity or uneniforceability of any provision hereof shall not affect or impair. any
other provision. Wherb Tenant hereunder consists of more than one party, the obligations
of each such party will'be joint and several hereunder.
Provisions inserted herein or affixed hereto shall not be valid unless appearing in the
duplicate original hereof held by the Lan dlord. 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 of 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-in' is 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 Me msylvania.
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
she\dlb\rsr\brandy\calabrese.lease
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:
BRANDY INVESTOR, L.P.
By:. Bra4y Mechanicsburg, LLC
By:
William F. othm n, Managing Member
ATTEST:
TENANT:
CALABRESE & SONS, INC.
f
By:
President
23
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.
sheldiblrsrlbrandylcatabrese.lease
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:
o eph Calabrese
25
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:
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: By: 6J k
William Ro hman
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 unsworn falsification to authorities.
Date: '?S 2?C By:
J c?
C
h
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., NO. O ?-
Defendants
: CONFESSION OF JUDGMENT IN EJECTMENT
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
JUDGMENT IN EJECTMENT 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 H. Pietrzak at (717)
763-1383.
Prothonotary
BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS,
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION
CALABRESE & SONS, INC., :NO. Defendant = = ?,
CONFESSION OF JUDGMENT IN?1ECT `1V -NT
1 N r77 rn
NOTICE UNDER RULE 2973.2 OF JUDGMENT AND EXECUTION THERE WA
NOTICE OF DEFENDANTS' RIGHTS
TO: Calabrese & Sons, Inc.
A judgment for possession of real property 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
promissory note or other document allegedly executed by you. The Sheriff may remove you from
the property 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 you from being removed from the
property.
ANY PETITION SEEKING RELIEF FROM THE JUDGMENT MUST BE FILED 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, 4`h Floor
Carlisle, PA 17013
(717) 240-6200
Date: April 18, 2008 L
Jo . Pietrzak, Esquire
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Attorneys for Plaintiff, Brandy Investors, LP
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,
Plaintiff
V.
CALABRESE & SONS, INC.,
Defendant
^a c?
n
IN THE COURT OF COMMON PL1 M
,
CUMBERLAND COUNTY, PENNS` --LVAgA
_: rn
CIVIL ACTION
NO. -'L
CONFESSION OF JUDGMENT IN EJECTMENT
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
J H. Pietrzak, squire
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
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.
t _ rr;
REAGER & ADLER, P.C.
BY:JOHN H. PIETRZAK, ESQUIRE
Attorney I.D. No. 79538
Email: J_pietrzak(?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.
CALABRESE & SONS, INC.,
Defendant
fi
-
n
_5 rn Z
_ CO
h'
21
IN THE COURT OF COMMON PA A-
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION
NO. 0
CONFESSION OF JUDGMENT IN EJECTMENT
AFFIDAVIT THAT JUDGMENT IN EJECTMENT IS NOT BEING ENTERED
BY CONFESSION OF JUDGMENT AGAINST A NATURAL PERSON
IN CONNECTION WITH A RESIDENTIAL LEASE
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
residential lease.
Jo . Pietrza , Esquire
Sworn to and subscribed,
Before me this day of
TX111.4 ,, 2008.
Iotary Public
COARACINVIAWTH OF PENNSYLVANIA
Notarial Seal
Deborah L. Brenneman, Notary Public
Camp Hill Boro, Cumberland County
My Commission Expires June 18, 2010
Member. Pennsylvania AssoClaron or Nohdas
-
. .I ?
_..
r
M1i
REAGER & ADLER, P.C.
BY:JOHN H. PIETRZAK, ESQUIRE
Attorney I.D. No. 79538
Email: JpietrzakgReagerAdlerPC.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.,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
: NO. ? g ? ?-S ?- ?
CONFESSION OF JUDGMENT IN EJECTMENT
ENTRY OF APPEARANCE
Enter my appearance for the above-named Defendant pursuant to the Warrant of Attorney
contained in the Lease agreement between the parties, attached hereto.
Respectfully submitted,
REAGER & ADLER, P.C.
CZ)
Q
Date: April 18, 2008
Jo . Pietrzak, quire ;
al,
Y -,
7:5 m
?` 1
co
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02522 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BRANDY INVESTORS LP
VS
CALABRESE & SONS INC
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
Service
Postage
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
18.00
12.00
.58 10.00 R. Thomas Kline
.00
40.58 04/25/2008
REAGER & ADLER
By. -,7??M-Lj
day e 'u Sh ri f f
A. D.
F:IFILES\C1ients111093 Calabrese\l 1093.2.pet3.wpoltde
Created: 9/20/04 0:06PM
Revised: 5 / 16/08 11:21 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. 2008-2522
CALABRESE & SONS, INC., : CIVIL ACTION - LAW
Petitioner/Defendant :
PETITION FOR RELIEF FROM CONFESSION OF JUDGMENT IN EJECTMENT
AND NOW, comes the Defendant, Calabrese & Sons, Inc., by and through its attorneys,
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files the following
Petition for Relief from Confession of Judgment in Ejectment:
1. Petitioner Calabrese & Sons, Inc. is a Pennsylvania corporation located at 406 Brandy
Lane, Mechanicsburg, Cumberland County, Pennsylvania.
2. 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.
3. On April 18, 2008, Respondent filed a Confession of Judgment in Ejectment against
Petitioner.
4. The Complaint in Confession of Judgment for Possession of Real Property filed by
Respondent stated that Petitioner "defaulted under the terms of the Lease by failing to pay taxes,
insurance and other charges due under the terms of the Lease, in the principal amount of
[$]48,299.56, not including interest."
Pennsylvania Rule of Civil Procedure 2970 states that "the procedure in an action to
enter a judgment in ejectment for possession of real property by confession pursuant to an instrument
... authorizing such confession shall be in accordance with the rules relating to confession of
judgment for money."
6. Pursuant to Pa. R.C.P. 2952(a)(7), the complaint in confession of judgment shall
contain "an itemized computation of the amount then due."
7. Respondent's Complaint in Confession of Judgment for Possession of Real Property
contains an allegation that Petitioner defaulted by failing to pay an amount of $48,299.56 without
providing an itemized computation.
8. Pennsylvania Rule of Civil Procedure authorizes Petitioners to either strike or open
the confessed judgment.
9. Because Respondent failed to conform with Pa. R.C.P. 2952(a)(7), the Judgment in
Ejectment by Confession entered in this matter should be stricken.
10. Additionally, if the amount of $48,299.56 alleged in Respondent's Complaint
contains amounts for the payment of real estate taxes, then the Judgment in Ejectment by Confession
should be stricken for failure to conform to the terms of the parties' Commercial Lease Agreement.
11. On June 9, 2006, the parties entered into a Commercial Lease Agreement, a copy of
which is attached to Respondent's Complaint.
12. Pursuant to Paragraph 4 of the Lease, Petitioner is responsible for the payment of real
estate taxes.
13. Respondent is required to provide written notice to Petitioner of the amount of real
estate taxes, together with a copy of the tax bill.
14. After Petitioner receives the documentation set forth above in Paragraph 5, Petitioner
is required to pay the amount listed on the tax bill within the first thirty (30) days of the face amount
period.
15. "A petition to strike a judgment may be granted only for a fatal defect or irregularity
appearing on the face of the record." Resolution Trust Corp. v. Copley Qu-Wayne Associates, 683
A.2d 269, 273 (Pa. 1996).
16. "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).
17. 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 Cora., 485 A.2d 1086, 1088 (Pa. 1984).)
18. 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.
19. Respondent failed to provide written notice to Petitioner of the amount of real estate
taxes.
20. Respondent failed to provide Petitioner with a copy of the tax bill.
21. Furthermore, the real estate taxes were not yet due and in fact, were in the discount
period.
22. Because Respondent did not provide the requisite notice to Petitioner and because the
real estate taxes were not yet due, Respondent violated the terms of the Lease.
23. 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.
24. In the alternative, the confessed judgment should be opened because Respondent
included improper amounts in the confessed judgment.
25. 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.
26. 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.
27. 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 "A." As of
this writing, Respondent has not presented the check for payment.
28. No judge has ruled on an issue in this matter.
WHEREFORE, Petitioner respectfully requests 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
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
VNI.monr_or_ a ovim7 mv%j nrVnmi Cv
13RNDYOQOM
5/2)08 771')09.73
013405
77.109.73
CALABRESE IR SONS, INC. 013405
406 Brandy Lane Vt 3 P.O. Box 1667 9-
Mechanicsburg, PA 17055 333 AftrWSh*0, Crap M% PA 17011 DATE CHECK NO,
60.18781313
BRANCH 1
N%MO: FEB. MAR, APR LEASE
PAY Seventy-Seven Thousand Nine and 73AOO Ddlmm
Ms, ?/?p ay 2, ZO08
t 013406
CHECK AMOUNT
.DOB.73
TO THE BRANDY INVESTORS, L.P.
ORDER ck RSR REALTORS
OF 3 LEMOYNE DRIVE SLNTE 100 LBAOYNE, PA 17043
11' 0 L 3 4 0 5 o' 1:0 3 i 3 L 8? 8? 1: 2 2 0 10 O2 3 8?'I'.a.,.?...,,.....,.?..?.,.,.,a,?,.,?...? ?,,.-,. ?...? .,?....? .
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.
Joseph Calabrese
F TILES?Dier.W..1109a l 1093.2. pet3.wp6
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Law Offices, hereby certify that a
copy of the foregoing Defendant's Petition for Relief from Confession of Judgment in Ejectment 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
Tricia D. Eckenroad
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: May 16, 2008
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BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
CALABRESE & SONS, INC.,
DEFENDANT NO. 08-2522 CIVIL
ORDER OF COURT
AND NOW, this 28th day of May, 2008, upon consideration of the Petition for
Relief from Confession of Judgment in Ejectment filed by the Defendant,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Plaintiff to show cause why the relief requested
should not be granted;
2. The Plaintiff will file an answer on or before June 17, 2008;
3. The Prothonotary is directed to forward said Answer to this Court
4. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Defendant shall be granted upon the Court's receipt of a Motion
requesting Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show
Cause, the Court will determine if a hearing, status conference or further Order of Court
is required.
By the Court,
John H. Pietrzak, Esquire
Attorney for Plaintiff
teeth T. Moseby, Esquire
David A. Fitzsimons, Esquire
Attorneys for Defendant
bas
?-9-/za?oa LEZ,
M. L. Ebert, Jr., J
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1?' CU
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 c)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.,
Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 08-2522
CONFESSION OF JUDGMENT IN EJECTMENT
PLAINTIFF BRANDY INVESTORS. LP'S ANSWER TO DEFENDANT'S PETITION
FOR RELIEF FROM CONFESSION OF JUDGMENT IN EJECTMENT
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied as state. The Complaint in Confession of Judgment is a writing that speaks
for itself. No copy of the referenced complaint was attached to Defendant's Petition.
5. This paragraph contains a legal conclusion to which no response is required.
6. This paragraph contains a legal conclusion to which no response is required.
7. Denied as stated. The Complaint in Confession of Judgment is a writing that
speaks for itself.
8. This paragraph contains a legal conclusion to which no response is required.
9. Denied. It is denied that Respondent failed to conform with Pa.R.C.P. 2952(a)(7).
Pa.R.C.P. 2952(a)(7) refers to "the amount then due" under a confession of judgment for money.
Because the confession of judgment at issue in Petitioner's request is for possession of property
and not for collection of money, there is no amount due under the confession and therefore this
requirement does not apply. By way of further answer, the requirement in Pa.R.C.P. 2953(a)(7)
that a confessed judgment be itemized does not require any more than a breakdown of principal,
interest and attorney's fees. Courshon v. U.S. Heritage, Inc., 71 Pa. D. & C.2d 38 (1975).
Respondent included a reference to the principal amount that Petitioner failed to pay for taxes in
order to identify Petitioner's default that permitted Respondent to take the confessed judgment in
ejectment. Because this is a confessed judgment for possession of real property and not for
collection of money, Respondent is not confessing judgment for any monetary amount, including
interest or attorney's fees. Respondent was not, therefore, required to provide a calculation of
interest and attorneys fees in the complaint for 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.
10. This paragraph contains a legal conclusion to which no response is required.
11. Admitted.
12. Admitted.
13. 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.
14. Denied as stated. Petitioner is referring to the Lease agreement, which is a writing
that speaks for itself. Respondent denies the Petitioner's characterization of the written Lease
agreement to the extent that it is inconsistent with the written agreement itself. No copy of the
referenced complaint was attached to Defendant's Petition.
15. This paragraph contains a legal conclusion to which no response is required.
16. This paragraph contains a legal conclusion to which no response is required.
17. This paragraph contains a legal conclusion to which no response is required.
18. Denied. The alleged failure to follow the procedure for informing Petitioner of
amounts due for taxes set forth in the Lease is not a basis for striking or opening the confessed
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 12 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.
19. Denied. Respondent has provided Petitioner with written notice of the amount due
for real estate taxes.
3
20. Denied as stated. Respondent has not identified "the tax bill" to which it refers in
this paragraph. Petitioner failed to pay more than one tax bill. After reasonable investigation,
Respondent is without sufficient information to either admit or deny the averment of this
paragraph.
21. Denied as stated. 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.
22. Respondent did not violate the terms of the Lease. Respondent denies that it did
not provide requisite notice to the Petitioner or that Petitioner was not required to pay the amount
due for taxes to the Respondent as required in the Lease.
23. Denied. The alleged failure to follow the procedure for informing Petitioner of
amounts due for taxes set forth in the Lease is not a basis for striking the confessed 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 12 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 the confessed judgment.
24. Denied. Petitioner has not identified any improper amounts that Respondent has
included in the confessed judgment. Again, this is a confessed judgment for possession of real
property, it is not a confessed judgment for collection of money. There are no "amounts" included
in this judgment.
25. Denied as stated. 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. Respondent has also defaulted under the terms of the Lease by failing to
pay other taxes due, which were beyond the discount period, and which provide an independent
basis for the confessed judgment.
26. Denied. 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.
27. 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.
28. Admitted.
WHEREFORE, Respondent, Brandy Investors, LP, requests this Honorable Court to deny
Petitioner's Petition for Relief from Confessed Judgment in Ejectment.
Respectfully submitted,
REAGER & ADLER, P.C.
Date: June 17, 2008
Jo H. Pietrzak,Esquire
tomey I.D. No. 79538
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
Attorneys for Plaintiff, Brandy Investors, LP
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: Twilliamsna,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., NO. 08-2522
Defendant
CONFESSION OF JUDGMENT IN EJECTMENT
VERIFICATION
I, JOHN H. PIETRZAK, ESQUIRE, being duly sworn according to law, depose and state that I am
the attorney for Plaintiff Brandy Investors, LP, and I make this verification on its behalf; and that said
Plaintiff is unavailable and unable to make this verification on its own behalf within the time allotted for
filing of this pleading and the facts set forth in the foregoing pleading are true and correct to the best of
counsel's knowledge, information and belief.
This verification is made pursuant to Pa. R.C.P. 1024 and is based on interviews, conferences,
reports, records and other investigatory material in the file.
Date: June 17, 2008
REAGER & ADLER, P.C.
By:_
JO H. PIETRZ , ESQUIRE
REAGER & ADLER, P.C.
BY:JOHN H. PIETRZAK, ESQUIRE
Attorney I.D. No. 79538
Email: Jpietrzak(iDReagerAdlerPC.com
BY: THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
Email: TwilliamsAAeagerAdlerPC.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., NO. 08-2522
Defendant
: CONFESSION OF JUDGMENT IN EJECTMENT
CERTIFICATE OF SERVICE
AND NOW, this L17?1 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:
J H. PIETRZAK, SQUIRE
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BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
CALABRESE & SONS, INC.,
DEFENDANT NO. 08-2522 CIVIL
ORDER OF COURT
AND NOW, this 23'6 day of June, 2008, upon consideration of the Defendant's
Petition for Relief from Confession of Judgment in Ejectment and the Plaintiff's Answer
thereto,
IT IS HEREBY ORDERED AND DIRECTED that the Parties in this matter shall
file briefs with the Court on or before Monday, August 4, 2008, and Argument shall be
held on Thursday, August 14, 2008, at 3:30 p.m. in Courtroom No. 5 of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
ZJohn H. Pietrzak, Esquire
/Attorney for Plaintiff
Seth T. Moseby, Esquire
David A. Fitzsimons, Esquire
Attorneys for Defendant
bas
By the Court,
M. L. Ebert, Jr., J.
" ''` 3,a_
bit .C d N HAr BON
F:\FILESThents\11093 Calabrese\11093, 2.stipulationi mpd\tde
Created: 9/20/04 0:06PM
Revised: 7/30/08 11:11 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 Defendant
BRANDY INVESTORS, LP, IN THE COURT OF COMMON PLEAS OF
Respondent/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 2008-2522
CALABRESE & SONS, INC., : CIVIL ACTION - LAW
Petitioner/Defendant :
JOINT STIPULATION
AND NOW, come Plaintiff, Brandy Investors, LP, by and through its attorneys, REAGER
& ADLER, P.C., and Defendant, Calabrese & Sons, Inc., by and through its 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 in Ejectment
against Calabrese & Sons, Inc.
2. On or about May 16, 2008, Calabrese & Sons, Inc. filed a Petition for Relief from
Confession of Judgment in Ejectment.
3. On June 17, 2008, Brandy Investors, LP filed an Answer to Calabrese & Sons, Inc.'s
Petition for Relief.
4. By Order of this Court, briefs in this matter are due on or before August 4, 2008, and
argument is scheduled for August 14, 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, Calabrese & Sons, Inc.
is requesting an extension of 60 days for the submission of briefs and that the argument on this
matter be rescheduled accordingly.
7. Brandy Investors, LP joins in Calabrese & Sons, Inc.'s request for a 60-day stay of
litigation and extension of deadlines.
8. This matter is currently scheduled before the Honorable M.L. Ebert, Jr.
9. Contemporaneously with the filing of this Joint Stipulation, the parties are filing a
similar Joint Stipulation at Docket No. 2008-2519, which relates to the same dispute between the
parties. That matter is assigned to the Honorable Wesley Oler, Jr.
WHEREFORE, Brandy Investors, LP and Calabrese & Sons, Inc. respectfully request that
this Honorable Court issue an Order providing an extension of 60 days for the submission of briefs
in this matter and reschedule the argument on this matter accordingly.
R& ADLER,
BY;
. Pietizak, squire
o. 79538
Thomas O. Williams, Esquire
I.D. No. 67987
Attorneys for Plaintiff
MARTSON LAW OFFICES
By .C.
Seth T. Mosebey, Esqui66
I.D. No. 203046
David A. Fitzsimons, Esquire
I.D. No. 41722
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
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. I
M Price l
Ten E High Street
Carlisle, PA 17013
(717) 243-3341
Dated: July 30, 2008
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BRANDY INVESTORS, LP, : IN THE COURT OF COMMON PLEAS OF
Respondent/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2008-2522
CALABRESE & SONS, INC., : CIVIL ACTION - LAW
Petitioner/Defendant :
ORDER
AND NOW, this 11day of _A i p, 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 3, 2008; and
(3) argument in this case shall be held on 6/ c. a P. , , 2008, in
Courtroom I of the Cumberland County Courthouse " ' f Spy m ,
cc:
BY THE COURT,
X H. Pietrzak, Esquire - for Respondent/Plaintiff
T. Mosebey, Esquire - for Petitioner/Defendant
>A . lz? \
4
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, %vto
'
MARTSON DEAR.DORFF WILLIAMS OTTO GILROY & FALLER
MA1X.1SON
LAW OFFICES
10 EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE (717) 243-3341
FACSIMILE (717) 243-1850
INTERNET www.martsonlaw.com
Honorable M. L. Ebert, Jr., Judge
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
July 30, 2008
RE: Brandy Investors, L.P. v. Calabrese & Sons, Inc.
Our File No. 11093.2
Dear Judge Ebert:
WILLIAM F MARTSON
JoHN B. FOWLER III
DANIEL K. DEARDORFF
THoMAs J. WILLIAMs*
No V. oTro III
HUBERT X. GILROY
GEORGE B. FALLER JR.*
"BOARD CER71M
DAviD A. FrasimoNs
CHRISTOPHER E. RICE
JENmFER L SPEARS
SETH T. MowBgY
TRUDY E. FEHLINGER
KATIE J. MAXWELL
D Cnnc TRW. SrEcuun
Enclosed is a copy of the Joint Stipulation we filed today in the Prothonotary's office relating
to the case of Brandy Investors v. Calabrese & Sons, Inc. This case is listed at Docket No. 2008-
2522. Please be aware that an action based on the same debt is also assigned before Judge Oler at
Docket No. 2008-2519. We have also filed a similar Joint Stipulation at that docket today.
As you can see, the Joint Stipulation requests an extension of deadlines in this litigation, as
well as a stay on the litigation for a period of 60 days. Opposing counsel has notified our office that
he will be unavailable for a hearing from October 1 through November 5 and also from November
25 through November 30. Consequently, we request that any hearing that is scheduled in this matter
be scheduled either between November 6 and November 24 or after November 30.
Should you have any questions, please feel free to contact me.
Very truly yours,
STM/mmp
Enclosure
cc: John H. Pietrzyk, Esquire
Mr. Joseph Calabrese
F:T1LES1CIients\11093 Calabrese111093.2.Judge Ebert
MARTSON LAW OFFICES
3-. 470??
Seth T. Mosebey
INFORMATION • ADVICE • ADvoCACY SM
F:\FILES\Ctienta\11093 Calabrese\l 1093.2.stipu1ation4.wpd\tde
Created: 9/20/04 0:06PM
Revised: 9/30/08 1 l : 59AM
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 Defendant
BRANDY INVESTORS, LP, : IN THE COURT OF COMMON PLEAS OF
Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2008-2522
CALABRESE & SONS, INC., : CIVIL ACTION - LAW
Petitioner/Defendant :
JOINT STIPULATION
AND NOW, come Plaintiff, Brandy Investors, LP, by and through its attorneys, REAGER
& ADLER, P.C., and Defendant, Calabrese & Sons, Inc., by and through its 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 in Ejectment
against Calabrese & Sons, Inc.
2. On or about May 16, 2008, Calabrese & Sons, Inc. filed a Petition for Relief from
Confession of Judgment in Ejectment.
3. On June 17, 2008, Brandy Investors, LP filed an Answer to Calabrese & Sons, Inc.'s
Petition for Relief.
4. By Order of this Court, briefs in this matter are due on or before October 3, 2008, and
argument is scheduled for October 22, 2008.
5. The parties have been conducting ongoing 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 a 60-day extension for the submission of briefs and completion of depositions and that
the argument on this matter be rescheduled accordingly.
7. This matter is currently scheduled before the Honorable Wesley Oler.
WHEREFORE, Brandy Investors, LP and Calabrese & Sons, Inc. respectfully request that
this Honorable Court issue an Order providing an extension for the submission of briefs and
completion of depositions in this matter and reschedule the argument on this matter accordingly.
REAGER & ADLER, P.
By
Jo . Pietrz , squire
1. . No. 79538
Thomas O. Williams, Esquire
I.D. No. 67987
Attorneys for Plaintiff
MARTSON LAW OFFICES
By .0.,(M ?1.
Seth T. Mosebey, Esqui e
I.D. No. 203046
David A. Fitzsimons, Esquire
I.D. No. 41722
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
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: 0-/?
M M. rice
Ten E igh Street
Carlisle, PA 17013
(717) 243-3341
Dated: September 30, 2008
C:.3
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t.L3 °C
OCT 01 Y00867 t
BRANDY INVESTORS, LP, : IN THE COURT OF COMMON PLEAS OF
Respondent/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008-2522
CALABRESE & SONS, INC., : CIVIL ACTION - LAW
Petitioner/Defendant :
ORDER
AND NOW, this day of n L-A , 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 December 12, 2008; and
(3) argument in this case shall be held on 2004-,' in
Courtroom of the Cumberland County Courthouse
m
cc:
/T-hn H. Pietrzak, Esquire - for Respondent/?`aintiff
., Seth T. Mosebey, Esquire - for Petitioner/Defendant
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FAFILEMClientO 1093 Calabres6l 1093.2.stipu1atian6.wpd\tde
Created 9/20/04 0:06PM
Revised: 12/8/08 9:20AM
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 Defendant
BRANDY INVESTORS, LP, : IN THE COURT OF COMMON PLEAS OF
Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 2008-2522
CALABRESE & SONS, INC., : CIVIL ACTION - LAW
Petitioner/Defendant :
JOINT STIPULATION
AND NOW, come Plaintiff, Brandy Investors, LP, by and through its attorneys, REAGER
& ADLER, P.C., and Defendant, Calabrese & Sons, Inc., by and through its attorneys, MARTSON
DEARDORFF WILLIAMS OTTO GILROY & FALLER, and file the following Joint Stipulation:
1. On April 18, 2008, Brandy Investors, LP filed a Confession ofJudgment in Ejectment
against Calabrese & Sons, Inc.
2. On or about May 16, 2008, Calabrese & Sons, Inc. filed a Petition for Relief from
Confession of Judgment in Ejectment.
3. On June 17, 2008, Brandy Investors, LP filed an Answer to Calabrese & Sons, Inc.'s
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 a 60-day extension for the submission of briefs and 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.
WHEREFORE, Brandy Investors, LP and Calabrese & Sons, Inc. respectfully request that
this Honorable Court issue an Order providing an extension for the submission of briefs and
completion of depositions in this matter and reschedule the argument on this matter accordingly.
REAGER & ADLER, P.C.
By
etrza , Esquire
Jo *.No.P77i9538
I Thomas O. Williams, Esquire
I.D. No. 67987
Attorneys for Plaintiff
MARTSON LAW OFFICES
:v4j
By 00'?
Seth T. Mosebey, Esqu'
I.D. No. 203046
David A. Fitzsimons, Esquire
I.D. No. 41722
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
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
By: ,
W4? T
en East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: December __L, 2008
c
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'6.
QE0 10 2M 6
BRANDY INVESTORS, LP, IN THE COI
Respondent/Plaintiff CUMBERL,
V. : NO. 2008-2
CALABRESE & SONS, INC., CIVIL ACT]
Petitioner/Defendant
I? \ ORDER
AND NOW, this k 2 day of Yc e , 2001
Joint Stipulation, it is hereby ordered that:
(1) all litigation in this matter is stayed for a peril
(2) the parties shall submit briefs in this matter o
(3) argument in this case shall be held on
Courtroom l of the Cumberland County Co'
T OF COMMON PLEAS OF
D COUNTY, PENNSYLVANIA
- LAW
, upon consideration of the foregoing
l of 60 days;
or before February 12, 2008; and
4,Ck y , 2009, in
thouse, et't p ' 30 a - M
BY THIS COURT,
- , J.
cc: Jahn H. Pietrzak, Esquire - for
/Seth T. Mosebey, Esquire - for
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REAGER & ADLER, P.C.
BY:JOHN H. PIETRZAK, ESQUIRE
Attorney I.D. No. 79538
Email: JpietrzakaReagerAdlerPC com
BY: THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
Email: Twilliamsna ReagerAdlerPC on-
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. 08-2522
JOSEPH CALABRESE
Defendants : 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 08-2522, as captioned above.
Date: January 28, 2009
Jo H. Pietrzak, 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 I have caused a true and
correct copy of the foregoing Praecipe for Withdrawal of Complaint in Confession of Judgment,
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
Jo H. "Pietrzaakk, Esquire
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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 30`x' 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,
,*Yoo'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
A
J. , `??
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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
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: JPietrzakftReaaerAdlerPC.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
J9ti
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SEP-2?,0-2009 11:44 KODAK AND IMBLUM P.C.
HOGG PROPERTIES, LLC
Plaintiff
717 238 7158 P.02
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v
JOHN AMITY AND LILLIAN
AMITY
Defendant(s)
NO: 208-2552
vs
METRO BANK
GARNISHEE
May f's
INTERROGATORIES IN ATTACHMENT TO GARNISHEE
TO: GARNISHMENT ADMIN / LEGAL DEPT.
METRO BANK
742 WERTZVILLE ROAD
ENOLA PA 17025
YOU ARE REQUIRED TO FILE ANSWERS TO THE FOLLOWING
INTERROGATORIES WITHIN TWENTY (20) DAYS AFTER SERVICE UPON YOU.
FAILURE TO DO SO MAY RESULT IN JUDGMENT AGAINST YOU:
1. At the time you were served, or at any subsequent time, did you owe the
defendant(s) above-listed, account no. 8892638894 or any account(s) under Defendant(s)
name(s), and/or otherwise, any money or were you liable to the defendant (s) on any
negotiable or other written instrument, or did the defendant claim that you owed the
defendant any money or were liable to the defendant for any reason? (If yes, please
describe.) Defendant has account 536998511 held under JohnAmity witha
balance of $2.19. Defendant Lillian Amity has account 627135551
ANSWER: with a balance of $0.00. Defendants did not receive $300
exemption.
SEP-20-2009 11:44 KODAK AND IMBLUM P.C. 717 236 7158 P.03
t
2. At the time you were served, or at any subsequent time was there in your
possession, custody or control, or in the joint possession, custody or control of yourself and
one (1) or more other persons and/or entities, any property of any nature owned solely or
in part by the defendant(s)?( If yes, please describe.)
ANSWER: See answer to question 1
3. At the time you were served or at any subsequent time did you hold legal title
to any property of any nature owned solely or in part by the defendant or in which
defendant(s) held or claimed any interest? (If yes, please describe.)
ANSWER: See answer to question 1
4. At the time you were served, or at any subsequent time did you hold as fiduciary,
any property in which the Defendant(s) had an interest?
ANSWER: n o
5. At any time before or after you were served did the defendant(s) transfer or
deliver any property to you or to any person or place pursuant to your direction or consent
and if so, what was the consideration therefor?
ANSWER:
)i
u
no
TOTAL P.03
6. At any time after you were served, did you pay, transfer or deliver any money
or property to the defendant(s) or to any person or place pursuant to the defendant's
direction or otherwise discharge any claim of the defendant(s) against you? (If yes, please
describe.)
ANSWER no
7. If you are a bank or other financial institution, at the time you were served or at
any subsequent time did the defendant have funds on deposit in an account in which funds
are deposited electronically on a recurring basis and which are identified as being funds
that upon deposit are exempt from execution, levy or attachment under Pennsylvania or
federal law? If so, identify each account and state the reason for the exemption, the amount
being withheld under each exemption and the entity electronically depositing those funds
on a recurring basis.
ANSWER: n o
8. If you are a bank or other financial institution, at the time you were served or at any
subsequent time did the defendant have funds on deposit in an account in which the funds
on deposit, not including any otherwise exempt funds, did not exceed the amount of the
general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account.
ANSWER:
no
KODAK & I M, P.C.
Robert D. Kodak, Esquire
Attorney for Plaintiff
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7159
Supreme Court ID No. 18041
TV0'd 89TL 869 LTL 'O'd WfllM axb XVaCI Lrv:TT 600Z-09-das
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating
to unsworn falsifications to authorities, that he/she is Jennifer Hilbish
(Name)
Levy Specialist of Metro Bank, garnishee herein,
(Title) (Company)
that he/she duly authorized to make this verification, and that the facts set forth in the foregoing
Answers to Interrogatories are true and correct to the best of his/her knowledge, information and
belief.
FILE
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101-
2009 Std' 23 AM f
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