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09-1830
,OMMONWEALTH OF PENNSYL COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL liuo ;1 DISTRICT JUSTICE JUDGMENT COMMON PLEAS No 0 47- 1?3 D ctvi I NOTICE OF APPEAL VS & This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sgneture ofProthorotery -Depdy was Claimant (see Pa. R.C.P. D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal (Common Pleas No. © 9 - {YSU C0111 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ?p C I,c ?0 Signature o appei t or atiomey or agent RULE: To ppellee(s) Name of *pellga(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. j Date: ll/?? y 20 O 9 ?/ r Signature of or,0ary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY To BE SERVED ON DISTRICT JUSTICE a i n c ZIP com _ 0? 1 snn vie- 10 t -7os5 DATE OF JUDGMFAT IN THE CASE OF (P(antdn Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. jW, a PROOF OF SERVICE OF,NOTIQE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN, TEN 00)rDAYS AFTER tiling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 0 C r; C= -L., Mfi l co i? l7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CO'111DERLAND Mag. Dist. No.: MDJ Name: Hon. 09-1-01 Address: CABLES A. cL==T, 400 BRIDGE ST OLDS TOIIBE CONKONS NEW CMMERLAW, PA Telephone: (717) 774-5989 r-q NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and rMARY =AY INDEPENDENT SALES DIRECTR-d 704 LISDVRN ROAD CAMP HILL, PA 17011 -"ITB 3 L DEFENDANT. VS. 3117, 0 7 0 rMI-RTH, ,ZCRZLLE NAME and ADDRESS 507 ALISON AVE MSCRANICSBDRO, PA 17055 J MICHELLE WIRTH L J 507 ALISON AVE Docket No.: CV-0000006-09 MECHANICSBURG, PA 17055 Date Filed: 1/07/09 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT PLTF (Date of Judgment) 2/25/09 Judgment was entered for: (Name) MARY KAY IMDEPMMDEMT SALES DIR © Judgment was entered against: (Name) MIRTH, MICSELLE in the amount of $ 3,606.50 Defendants are jointly and severally liable. Damages will be assessed on Date A Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ 3,510.00 Judgment Costs $ 36 Interest on Judgment $ Attorney Fees $ . Total $ 3,606 50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 18 Z009 Date Magisterial District JL I certify that this is a true and correct copy, of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2014 AOPC 315-07 SEAL I%%? ww? F?rF! ? v ( co f .-t f *4 • r- PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF of &. ,berk,, ; ss AFFIDAVIT I hereby (swear) (affirm) that I served t? a copy of the Notice of Appeal, Common Pleas 0,.,,?f - f e3O upon the District Justice designated therein on (date of service) 7 20 l!? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name `?" 'Ic a t' CY J06 0. r on j 7 20 by personal service a'by (certified) (registered) mail, send 's receipt attached hereto. (SWORN) (AEFIRMED)AND BSCRIBED BEFORE ME THIS ?7? DAY OF , 20^9. Signature of official before whom a suit was made Title of o ial My commission expires on 20Z _ NOTARIAL SEAL PROTHONOTARY NOTARY PUBLIO CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION WIRES JANUARY 4, 2010 fSignature of afant COMMONWEALTH OF PENNO COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT a I I COMMON PLEAS No.LI 3 Q ca?, f NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. v 1-70-5 DATE F JUDGMENT IN THE CASE OF (PlaT (DNendent)' AI 'Ir-, I r_-'Q Mary ka%J:1rd??,Pr& '_?J,• 1`)ir Ve A., eke Jr_ 1A 11r- P__1 cv-wooolo-CR This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. If appellant was C.P.D.J. No. 1001(6) in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Souftm of Prothonnhry or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal (Common Pleas No. - Y C ? J, ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. store appel nt or attorney or agent RULE: To lion) Y ?DKe6eppeliee(s) Name of ee(s) (1) _ YQ64art that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this upon you by pboikonal service or by certified or registered mail. if you do not file a co amt within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. The date ofservlce afahi . rule if service was by mail is the date of the mailing. i Pa%-; d? (Gt M" 7 20 c,[ Ile 0&1 SO'Wu a of PtIpfonotery or Deputy VdOUST COPY OF THE NOTICE OF JUDGMENTI TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE I 4L r O W I N J 1 O ?O 0 N 0 N 0 1 1:4 m rimer R N'3 m r D g ? m p m m 2 ?o m m ? v? m y C:j ?o -? 5-z '0 - ;q Q?, m ° ?aog. I CA { o? 0 ?4 s m a ? m O n ti Q t 8 S? J may. I CD Q n r^ 51) 1 h D ti 3 m m s m Ic o z Co Z, ? m o ? a C ? E[f , v • m z ? C iw r OW 4 if RW ti W D*-"Y is deeireld. a pft fur nerrwlt and addrew on the retinues so #W *w can mb m? the card to you. a this cased to the back of tha tnwApiace, or an the to tt tt OPWO psmAs. 1. A -tin a A ddrMwed to. leo, Ram l,1-ln i ?5t- X Raclaiwd by ( 0 of D. Is d* My adibso dO 011 tram WIM V L J der x YES, ~ d*4wy address bdW 0 No a certiliad Mail 0 bps" Mail 0 Rspidered 0 pA*m hoeipt for FAaldurrlMaa 0 insured man 0 c.o.D. 4. Ra*lMd DellveriR PM8 reel 0 rtes 2. ArWeNumt 7008 3230 0002 2512 1598 MMOW P3 Form 3811, FebruaAt 2W Daraaetle ilrarrn Receipt 70 t540 cc 0" u7 rl ru r-I u7 Postage $ Iv ru Certified Fee t3 O Retum Receipt Fee (Endorsement Required) Postmark Here Restricted Delivery Fee . 0 (Endorsement Required) rU Total Postage & Fees $ $5 3-2 0' '17/25/200Y m cc Sent To or PO Box No. Pty )-7 1(q r-ZI c? r i i i Leonard Tintner, Esquire Supreme Court I.D. #06859 Kevin D. Gillespie, Esquire Supreme Court I.D #78758 BOSWELL, TINTNER & PICCOLA 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717)236-9316-fax dfoster(dbtpalaw.com Attorneys for Plaintiff MARY KAY INDEPENDENT SALES : IN THE COURT OF COMMON PLEAS DIRECTORS, : CUMBERLAND COUNTY PENNSYLVANIA PLAINTIFF' V. : NO. 09-1830-CIVIL MICHELE WIRTH, DEFENDANT : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are ,served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, uted tiene viente (20) dias de plazo al partir de la fecha'de le demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas os sus objediones a leas demandas en contra de su persons. Sea avisado que si usted no sp defiende, la carte tomara medidas y peude entrar una order contra usted sin pervio aviso o notificacion y por cualquier queja or alivio que es pedido en la peticion de demanda. Usted peude perder dinero os sus propiedades o ostros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR RAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA ICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA VERIGUAR DONDE SE UEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Leonard Tintner, Esquire Supreme Court I.D. #06859 Kevin D. Gillespie, Esquire Supreme Court I.D #78758 BOSWELL, TINTNER & PICCOLA 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717)236-9316-fax dfosterftbtpalaw.com Attorneys for Plaintiff MARY KAY INDEPENDENT SALES : IN THE COURT OF COMMON PLEAS DIRECTORS, : CUMBERLAND COUNTY PENNSYLVANIA PLAINTIFF' V. : NO. 09-1830-CIVIL MICHELE WIRTH, DEFENDANT : CIVIL ACTION - LAW COMPLAINT Plaintiff, Mary Kay Independent Sales Directors, by its attorneys, Leonard Tintner, Esquire, Kevin D.?Gillespie, Esquire, and Boswell, Tintner & Piccola, and presents its complaint against Defendant, Michele Wirth, as follows: 1. Plaintiff, Mary Kay Independent Sales Director, is an un-incorporated association, originally made up of 12 Directors, all of whom have executed the Lease and Training Center Cooperative Agreement, referred to in later paragraphs, and has its office located at 704 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Michele Wirth, is an adult individual, currently residing at 507 Alison Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. BREACH OF CONTRACT 3. Paragraphs 1-2 are incorporated as if fully reproduced herein. 4. Plaintiff is al group of independent Mary Kay Beauty Independent Sales Directors, who collectively rent office space, located at 704 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011. 5. On April 4, 2003, Plaintiffs entered into an eighty (80) month lease on the real estate listed above. 6. Defendant, as a Mary Kay Beauty Independent Sales Director, was one of eleven (11) directors to sign the rental agreement. A copy of the lease is attached hereto and identified as Exhibit "A." 7. The monthly rent to be paid by each director was $260.00, plus a late fee of $20.00, if the rent was aid after the 25th of each month. 8. On May 10, ?005, Defendant signed a Training Center Cooperative Agreement, which detailed the responsibility of each Director. A copy of the Agreement is attached hereto and identified as Exhibit "B." 9. Defendant hod made regular monthly payments on the Lease Agreement from the date of original signing on April 4, 2003, through January 2008. 10. Defendant made a partial payment of $130.00, for her rental payment of February, 2008. 11. To date, Defendant owes Plaintiff the sum of $4, 070.00, which represents a breakdown of the balance of $130.00 and the late fee of $20.00, due for the month of February 2008 and the sum of $280.00, which for the months of March 2008 - April 2009. WHEREFORE, Plaintiff demands judgment in an amount not in excess of $50,000.00, which amount requires submission of this matter to compulsory arbitration, plus interest and costs of suit. RESPECTFULLY SUBMITTED, BOSWEL TINTNER & PICCOLA BY: eonard Tintner, Esquire Kevin D. Gillespie, Esquire Attorneys for Plaintiff Mary Kay Independent Sales Directors DATE: April I? , 2009 N. ? lease -(-? S1cace . LEASE THIS (EASE made this 4th day of April , 20 03 . by and between Victor D. Macomber, 3452 Lisburn Road Mechanicsburg, Pennsylvania, as "Landlord" and Mary Kay Independent Sales Directors, 322 Lamp Post Lane, (amp Hill, Pennsylvania, as "Tenant". WITHESSETH: In consideration of, and under and subject to, the mutual covenants, conditions, and considerations herein recited, Landlord and Tenant, intending to be legally bound, agree as follows: 1. Leased Premises.' Landlord is the owner of the real property and office building located at 704 Lisburn Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania 17011. The lease made the 28' day of May, 2002 covering Suite 202 shall be terminatbd at Midnight, April 30, 2Q03. Landlord hereby leases to Tenant a portion of the office building known as Suite 101 and 102, 4,596 Square Feet - Second Floor , hereafter the "leased premises", under and subject to the terms of this Agreement. The leased premises are identified on the floor plan attached hereto as Exhibit A. 2. Term. Tenant shall have and hold the leased premises for a term of Eighth (84) Months, said term commencing May 1. 2003 and ending at midnight December 31. 2009. 3. Base Rent. Tenant shall pay Landlord as base rent for the use of the premises the sum of $307,200.00 payable at 3452 Lisburn Road Mechanicsburg, PA 17055 in monthly installments of $3,600.00/month from May 1, 2003 through December 31, 2004; ;3,800.00/month from January I, 2005 through December 31, 2006; $4,000.00/month from January I, 2007 through December 31, 2009 as follows: (a) The $500.00 Security Deposit paid by Tenant to Landlord at the execution of the lease mad the 28' of May, 2002 covering Suite 202 shall be continued. (b) Rent shall be paid in the aforesaid monthly installments, in advance, on or before the first day of each calendar month during the term. (c) In the event the Tenant is given possession of the leased premises on a day prior to the first day of May, 2003, rent shall be paid $60.00 per diem when possession is given through the last day of April, 2003. 4. Rent Increases. See clause 3. 5. Possession. Tenant shall be given possession of the leased premises upon commencement of the term of this Lease. Provided however, that Landlord shall not be liable to Tenant or any other party for any damage which may be caused by failure of Landlord to deliver possession of the leased premises at such time, if such failure is not due to any fault on the part of Landlord. However, in such event, the term shall not commence until the leased premises are ready and available for lessee's occupancy. 6. Utilities. Landlord will provide and shall pay for electricity, lighting, water and sewer at all times provided there is no interruption by any utility company, but shall be required to furnish heating and air conditioning. EXHIBIT i 1. Maintenance and Rem (a) The landlord will maintain in good condition and repair the structural portions of the leased premises, the exterior thereof, the plate glass windows, the roof, walls, downspouts, gutter, pipes and conduits exterior to the building line, parking areas, sidewalks and curbs adjacent to the leased premises and make all major facilities and equipment repairs or replacements, unless such repairs or replacements are necessary or desirable due to the negligence of Tenant, Tenant's sublessees, concessionaires, licensees, agents, servants or employees. (b) Tenant shall maintain the interior of the leased premises in good condition and repair at its own cost and expense. The landlord will clean interior window glass simultaneously with exterior window glass. The Landlord will provide an on-site dumpster for Tenant's disposal of ',permitted office trash. Tenant shall also immediately repair any damage to the leased premises or the property of Landlord caused by Tenant, Tenant's invitees, agents or employees. In the event Tenant's repairs are not commenced within thirty (30). days of written notice from Landlord, or such lesser time as is reasonable in emergency situations, Landlord shall have the right to make such repairs at the expense of Tenant and the amount thereof may be collected as additional rent. Tenant shall immediately notify Landlord of any damage to Landlord's property. Any repairs or replacement will be performed by Landlord's contractors. (c) Tenant shall not perform any acts or carry on any practices which may injure the leased premises or be a nuisance or menace to the health or safety of other tenants. Tenant shall not burn any trash or garbage in or about the leased premises. Tenant shall not keep or display any merchandise or other items on or otherwise obstruct the common areas of the property. The plumbing facilities shall not be used for any purpose other than that for which they were constructed and no foreign substance of any kind shall be disposed of therein. Neither Tenant, its agents, servants or employees shall in any way deface any walls, ceilings, partitions, floors, 'wood, stone, metal work or any part of the landlord's property. (d) The cost of any changes, improvements, alterations or like matter within the teased premises required to be made by any government or governmental agency or instrumentality, including any authority or commission, by reason of Tenant's specific type of use and/or occupation of the leased premises shall be paid for by Tenant at Tenant's own cost and expense. Should Tenant fail to pay any such cost, Landlord may pay the same, and the amounts thus paid shall be chargeable to Tenant as additional rent. Any changes, improvements, alterations or like matter affecting the property or the leased premises, required to be made by any government or governmental agency or instrumentality, including any authority or commission not occasioned by Tenant's specific type of use and/or occupation of the leased premises shall be paid for by Landlord. 8. Compliance with Law. Tenant agrees to observe and comply with all statues, ordinances, rules, orders, regulations, requirements and laws now in effect or which may be enacted during the continuance of this lease or any renewal thereof by any municipal, county, state or federal authority or other public body or agency having authority over the leased premises or over any business Tenant conducts upon the leased premises, and Tenant shall indemnify and save harmless Landlord from non-compliance with the same. Further, Tenant shall neither conduct nor cause nor permit to be conducted any nuisance or other grievance in,. upon or abut the leased premises or the property of Landlord. 9. Use of Premises. Tenant shall us the leased premises for general office use and for no other purpose. The premises shall be used and occupied in a safe, careful and proper manner. No nuisance, trade or occupation which is known in the insurance trade as extra or especially hazardous shall be permitted therein. Tenant shall not conduct any activity which either shall make void or voidable any insurance on the leased premises. In the event that any of Tenant's activities shall cause an increase in Landlord's insurance premiums, Tenant shall be responsible for and shall pay as additional rent the amount of such increase in premium attributable solely to Tenant's activities. 10. Alteration - Liens. The initial alterations and improvements to the leased premises shall be constructed at Landlord's cost in conformity with the plans attached hereto. as Exhibit "6" which shall be signed by both Landlord and Tenant signifying their approval thereof. Thereafter, Tenant shall make no alterations in or additions or improvements to the leased premises without the prior written consent of the Landlord. All such alterations or improvements made by Tenant (except movable office furniture and professional fixtures) shall at the option of the Landlord, become the property of Landlord at the termination of the Lease. Tenant agree to give Landlord written notice, at least ninety (90) days in advance of the expiration of the initial or any renewal term of chit Lease that Tenant shall not be renewing or extending the term of the Lease as may be provided herein. Should Landlord notify jenant in writing sixty (60) days prior to the expiration of the initial or renewal term that Landlord does not desire to retain ;the additions and improvements they will be removed at the expense of Tenant within five days of the termination date of the Lease. In the event Landlord fails to give the aforesaid notice to remove said improvements at least sixty (60) days prior to the expiration of the term, then Tenant shall not be responsible for the removal of said improvements or the expense thereof If Landlord complies with the aforesaid notice requirement, Tenant shall also repair any damage caused to the leased premises by the installation or removal of the alterations, additions or improvements by or for Tenant, and restore the premises to original condition at the commencement of the lease. Tenant will not permit any mechanics' claim or any other lien to be placed upon the leased premises or any part of the Landlord's property, and in the event of the filing of any such claim or lien, Tenant will promptly discharge the same, or, procure a lien release bond by a good and sufficient surety corporation, or, pay to Landlord an amount equal to one hundred fifty percent (150'/•) of the amount of the claim or lien. If default in the discharge thereof or procuring of a bond shall continue for thirty (30) days after written notice from Landlord to Tenant, Landlord shall have the right and privilege at Landlord's option of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including Landlord's attorney fees and any other expenses, together with interest thereon shall be deemed additional rent due and payable by Tenant to Landlord. 11. Subletting Tenant shall not assign, undedet, sublet or mortgage the leased premises or any part thereof or permit any party, person, firm or corporation to occupy the leased premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Any assignment by operation of law, attachment or assignment for the benefit of creditors shall] at Landlord's option, be inoperative. 12. Subordination. Tenant agrees, that in the event the mortgage under any mortgage which landlord has or may give against the leased premises shall so require, to subordinate the lien and priority of this Lease in favor of such mortgage and to execute any instruments which Landlord or such mortgagee may deem necessary. Upon failure of Tenant to execute any such instrument within ten (10) days, Tenant hereby irrevocably constitutes and appoints Landlord its attorney-in-fact to execute said documents in Tenant's name, 13. Access. Landlord, or Landlord's representatives, with prior written notice to Tenant may enter upon and inspect that leased premises and every part thereof or perform maintenance thereto during normal business hours. Landlord shall also have authority to enter upon the leased) premises at any time for the purpose of effecting emergency repairs. 14. Rules and Regulations. In addition to the several covenants contained in this Lease, it is specifically agreed that Landlord may from time to time establish reasonable rules and regulations pertaining to the leased premises and Tenant agrees to be bound by same. 1 5. Damage, Destruction and Insurance. (a) If the leased premises shall be partially damaged by fire, storm or other casualty so as to render the leased premises partially untenantable, then Landlord shall promptly proceed to make repairs which shall be completed within seventy- five (15) days. During the interim Tenant's rent shall be abated proportionately as to the portion, or extent of the leased premises rendered untenantable. (b) If the leased premises shall be so damaged by fire, storm, or other casualty so that they are totally untenantable and cannot be restored or made tenantable within one hundred and twenty (120) days from the date of the damage, then either party may terminate this lease by written notice to the other given within twenty (20) days of the date of the damage. Tenant shall not be responsible for rent from the date of the damage causing the premises to be untenantable. (c) The Landlord's obligation to repair and restore any damage or other casualty shall be contingent upon the receipt of insurance proceeds for the damage or other casualty from Landlord's insurance carrier. In the event the damage or other casualty is caused by a risk not provided for by Landlord's insurance carrier, Landlord shall not be obligated to make such repairs and upon the failure of Landlord) to make such repairs within one hundred twenty (120) days, Tenant may terminate this lease upon written notice to Landlord. (d) Landlord shall insure the, leased premises against physical damage by reason of fire, storm or other casualty, including extended coverage. Said coverajge shall be to the full value of the building and Landlord's improvements, including the initial improvements and alterations referrled to in paragraph 10 above. (e) Landlord shall not be required to maintain any insurance for the Tenant's property. Tenant agrees to be solely responsible for any property of Tenant, its agents, invitees and employees. Tenant shall also insure the leased premises against general public liability with coverage for bodily injury at least One Hundred Thousand (;100,000.00) Dollars per-individual and Three Hundred Thousand ($300,000.00) Dollars per incident and for property damage at least Twenty-Fire Thousand ($15,000.00) Dollars. Tenant shall name Landlord as an additional insured on any such policy and shall furnish annual certificates of insurance to Landlord, if requested. (f) Landlord shall insure the common areas of the building in which the leased premises are located, as well as the exterior sidewalks, driveways, parking areas and the like, against general public liability with coverage limits equal to those set forth in paragraph 15(e) above. (g) Neither Landlord nor any pi?incipal of Landlord shall have any personal liability with respect to any provisions of this Lease or the property, and Tenant agrees to look solely to the equity of the Landlord in the property for the satisfaction of Tenant's remedies. 16. Directs Landlord wil make space available on the interior building directory and exteri or sign established for the leased premises for Tenant to indicate its occupancy of the leased remises. Such indication shall be subject to by Landlord. p control 11. Default - Distraint In case of the non-payment of rent herein reserved within ten (10) days from the time . or times mentioned for payment of same, or in the event the leased premises are vacated or abandoned by Tenant, Landlord, in any case may enter the same by itself,' or Landlord's authorized agent, by legal process therefor, and property thereof, as well as all property removed therefrom within thirty (30) days, shall be liable for such distress for said rent and costs, together with reasonable attorney's fees, and Tenant hereby waives the benefit of all laws, made, or to be made, exempting property from levy and sale, either on such distress, or and judgment obtained for rent, or for damages recovered for any breach of this contract on the part of Tenant. 18. Default - General. (a) In the event of any of the following occurrences of "default", Landlord shall be entitled to pursue one or more of the remedies set forth in paragraph 18bj hereof: Non payment of rent for a period of ten (10) days following the due date. 2. Breach of any of the other covenants of this Lease or failure to comply. with any rules or regulations properly promulgated thereunder, provided that Landlord shall have given Tenant written notice of such breach and a period ?lof thirty (30) days within which to cure same. 3. A second or subsequent breach of the terms of the lease within a six month period, provided written notice of the initial breach is given as set forth in paragraph 18(a)(1) above. 4. The filing of a petition in bankruptcy, whether voluntary or involuntary, against Tenant or Tenant's adjudication as bankrupt or insolvent in any court. 5. The appointment of a receiver or trustee in bankruptcy for Tenant or the making of any assignment by Tenant for the benefid of creditors. 6. The abandonment or placation of the leased premises by Tenant (b) Landlord's additional remedies in the event of an event of a "default" shall be as follows: Tenant hereby empowers any Prothonotary or Attorney of any Court of Record to appear for Tenant in any and all actions which may be brought to recover the rent due for the remainder of the term; and/or to sign for Tenant an agreement for entering in any competent court an Amicable Action or Actions for the recovery of such rent, and in said suits or in said Amiable Action or Actions to confess judgment against Tenant for the rent due, and fort the rent for the remainder of the term, and for interest and costs, together with reasonable attorney's fees; and Tenant hereby expressly waives and releases all errors and defects in entering such judgment and further waives and releases all relief from any and all appraisement, stay or exemption laws, now in force or hereafter to be passed, and also waives the right of inquisition on any real estate that may be levied upon to (collect such rental. 2. Any Attorney of any Court of Record of the County of Cumberland may, at the request of Landlord, and, as the agent or the attorney of Tenant, sign and agreement for entry in a competent court an Amicable Action s of Ejectment and confess Judgment in Ejectment thereon for the said premises to any term, past or present, against Tenant, and all persons claiming under Tenant, without stay of execution, or appeal, and, for so doing, this shall be a sufficient warrant; and thereupon, a Writ of Possession or such other writ as may then be appropriate may immediately issue on said Judgment all errors and defects in entering such Action and Judgment, or in the issuing of such Writ, or in any proceeding thereon, or concerning the same, being hereby expressly waved by Tenant, and by any person or persons whatsoever claiming through, by or under Tenant, and a copy of this lease, with any modifications thereof, being filed in the said action, it shall not be necessary to fill the original as a Warrant or Attorney, any law or Rule of Court to the contrary notwithstanding. 3. To cure any default by Tenant at Tenant's cost and chargeable to Tenant as additional rent. 4. At the option of Landlord, this Lease shall determine, and become null and void, and Landlord may re-enter upon, and repossess, the herein leased premises. (c) The exercise of any remedy or remedies provided herein, by Landlord, shall not preclude Landlord's exercising, concurrently or successively, one or more !,other remedies provided herein, or authorized by law. 19. Acceptance of Notice. Tenant hereby accept notice to quit, remove from, and surrender up possession of the leased premises to Landlord, its successors and/or assigns at the expiration of the initial term, or any renewal term as may be provided for herein. 20. Condemnation. In the# event portion of the property in which the leased premises is situate shall, during the term hereof, be taken for any public or quasi-public use under any statute or by right of eminent domain, or by private purchase in lieu thereof by a party empowered with eminent domain to an extent that substantially impairs the usefulness of the leased premises for the purposes for which the same are hereby leased, then either party shall have the option to terminate this lease of the date when lessee is required to yield possession. 'if this Lease or any renewal hereof is terminated because of condemnation, and lessee, as a consequence thereof, is required to remove its property from the leased premises, Tenant, as between Landlord and Tenant, shall have the right to seek reimbursement for the cost of such removal from the condemning authority. Tenant hereby assigns to Landlord all other right, title and interest in any claim as it now has or will in the future have against the Commonwealth of Pennsylvania, the United Stated of America, any municipal sub-division, governmental body and/or any other party empowered with eminent domain or the right of private purchase in lieu thereof, and arising out of any past, present or future exercise of the pourer of eminent domain (or private purchase in lieu thereol) to condemn, take or injure all or any portion of the leased premises or any improvement thereon. 21. No ice. Whenever notice shall be given under this Agreement, it shall be deemed to be completed when mailed by certified mail, postage prepaid or sent by recognized overnight courier to Landlord or Tenant at the address hereinabove set forth or at such other address of which each party may hereinafter notify the other in writing is the address for accepting notices. 22. eadin Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this lease nor shall they affect its meaning, construction or effect. 23. Inconsistent Rules and Regulations. If the subject matter of a provision of the rules and regulations adopted by the Landlord is discussed in a provision in the body of the lease, both provisions shall be effective as far as the same remain consistent; however, if the provisions are contradictory, then the provision in this Lease shall control. 24. Modification. This Lease may not be modified, discharged or terminated orally or in any other manner than by written agreement signed by both parties hereto or their respective permitted successors and assigns. 25. Waiver of Defaults. (a) No delay or omission by either party hereto to exercise any right or power accruing upon no-compliance or default by either party with respect to Any of the terms, covenants, or provisions hereof shall impair any such right or power or be construed to be a waiver thereof. Every such right and power may be exercised at any time during the continuance of such default. A waiver by either of the parjties hereto of any of the covenants and agreements to be performed by the other shall not be construed to be a waiver of aq succeeding breach thereof or of the breach of any other covenant or agreement herein contained. (b) Tenant shall not treat anfailure by Landlord to perform any duty or obligation under this lease as a breach of the Lease nor take any action thereof unless Landlord fails to cure such default with a period of thirty (30) days after receipt of written notice from Tenant setting forth said alleged failure. Provided however, that should there be a failure to supply heat, air conditioning, electricity and/or water thr4ough no fault of Landlord, such failure shall not constitute a breach of this Lease nor give rise to any rights in Tenant. 26. Pennsylvania Law. This Lease shall be construed according to, be subject to, and be governed by the laws of Pennsylvania 21. fn Lre Agar ement This base contains the entire agreement between the parties hereto and shall be binding upon the parties hereto, their heirs, and where permitted, their successors and assigns. 28. Renewal. A holding over by the Tenant beyond the term of this Lease or any hereinafter duly authorized additional term shall at Landlords option' be deemed a renewal of the Lease on a year to year term basis, with said renewal being under and subject to all provisions contained in this Lease. Tenant shall be deemed to have held over under this paragraph unless it shall have notified Landlord in writing of its intention to surrender the leased premises at the end of the term hereof, or at the end of any subsequent term, ninety (90) days prior to the expiration of the term hereof, or of any subsequent term. 29. Late Char If Tenant fail to pay the base rent or any other payment or charge permitted by this Lease within ten (10) days of the date it is due, a late charge of five percent (5'/6) of the amount of the payment due shall be assessed and shall be immediately due and collectible las additional rent under the terms of this lease. It is agreed such charge is a reasonable charge for the Landlord's additional expense of collecting the payment, and not as a penalty. IN WITNESS WHEREOF, the parties have executed this lease the day and year first above written. WITNESS. LANDLORD: Irctor D. Macomber P oprietor TENANT: Mary Kay Independent Sales Directors Donna Ulrich, Lontraa lara 6 Megan Tmy Romage --Knnette Livingston //r /' Mel' sa Molchan Renee Hundley Bethany Wilston V f Mich a Wirth Jill P ick ?p o Susan Mayerniak Uonna Ulrich, Witness to All EXHIBIT A Leased Premises Floor Plan EXHIBIT B !Alterations to be made by landlord are as follows: M J O J C • N 1 M I O ?.y x w O Z m J t}- Training Center Cooperative Agreement To preserve the cooperative working relationship that exists between us. we have set forth certain expectations of all directors who will join us in our training center. 1. All directors will be partners with equal vote in all matters pertaining to the center. Questions regarding any matter will be reviewed at a directors meeting monthly or as needed. All are required to attend these meetings. 2. All directors signing have signed a 5 year lease. If you should need to leave the training center, you are responsible for finding your replacement and are financially responsible until you do. The board of current directors must vote on the replacement. 3. Rent is paid by check to Michele Wirth and must be in her possession by the 25`h of the month. The', amount each month will be sent by email to all directors by the I S`f'. After the 2th, a late fee of $20 will be assessed. Any director who is late with rent more than once may have her lease reviewed by the board. Unusual circumstances will be considered. Checks will be deposited after the 25`h. New directors will not pay rent for one month following their debut. Rent is divided by number a directors at TC. If space becomes available, it will be offered based on debut date. 4. New sales directors/co-lessors will pay $50 to purchase white supply cabinet and are responsible to assembling it within 1 month of purchase. Please store all personal /unit items in them. 5. All use of training (center for personal or unit appointments will be called to Lara McKeever (795-8812) so that she can coordinate room scheduling. Also complete a request and place) it in her mailbox. You are welcome to hold debuts, classes or interviews at the center as space allows, however any use of center for your consultants requires your presence and you will be responsible for any damage incurred during it's use. 6. Each director is responsible for maintaining a clean meeting and guest room. Trash should be emptied as needed and placed in dumpster. We each pay $10 per month (included with the rent paid) towards our cleaning costs. Please make sure lights are turned off and doors locked as you depart. Water cooler will be billed to Donna Ulrich but please replace water containers as needed. Call Lara McKeever with maintenance concerns, including heat/ac, cleaning or lighting. Please restock fridge with soda and water after each meeting. Extra cases are under table in whites, room. Susan Mayernick can be contacted with supply needs at 691-9705. 7. Each director will take a turn maintaining and creating seasonal product displays for guest room. 8. Lara McKeever will!,create bulletin boards for all members as requested. Please compensate her for this expense as needed. 9. Any additional expenses will be discussed at board meetings and voted on. 10. No items may be hung on walls without approval of landlord, therefore please contact Donna with questions regarding this. Signets--1;'' ' ?,,u ,I ( ??.La!1T Date J I(? ??jG' EXHIBIT MARY KAY INDEPENDENT SALES : IN THE COURT OF COMMON PLEAS DIRECTORS, : CUMBERLAND COUNTY PENNSYLVANIA PLAINTIFF! V. : NO. 09-1830-CIVIL MICHELE WIRTH, DEFENDANT : CIVIL ACTION - LAW VERIFICATION I, Lara McKeever, Ooard Member of Mary Kay Independent Sales Directors, Plaintiff, hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my l nowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. LAR MCKEEVER DATE: q/13 MARY KAY INDEPENDENT SALES : IN THE COURT OF COMMON PLEAS DIRECTORS, : CUMBERLAND COUNTY PENNSYLVANIA PLAINTIFF V. : NO. 09-1830-CIVIL MICHELE WIRTH, DEFENDANT : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Plaintiff's Complaint by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Michele Wirth 507 Alison Avenue Mechanicsburg, PA 17055 C' B Denise L. Foster, Paralegal Date: April, 2009 FLCD- ar- THE _..,'("TAqY 2009 APR 13 FM 3: 52 , w Mary Kay Independent Sales Directors, Plaintiff V. Michele Wirth, Defendant :In the Court of Common Pleas :Cumberland County Pennsylvania :No. 09-1830-Civil :Civil Action-Law ANSWER Defendant, Michele Wirth, submits her answer to the complaint by Plaintiff, Mary Kay Independent Sales Directors, as follows: 1. Defendant, Michele Wirth, admits this to be a true statement. 2. Defendant, Michele Wirth, admits this to be a true statement. 3. Defendant, Michele Wirth, admits this to be a true statement. 4. Defendant, Michele Wirth, admits this to be a true statement. 5. Defendant, Michele Wirth, admits this to be a true statement. 6. Defendant, Michele Wirth, admits this to be a true statement. 7. The monthly rent amount to be paid by each Director was not always $260.00. On Nine (9) occasions/months the Defendant, Michele Wirth, paid a higher rent amount. Treasurer's records can be submitted to verify the amount paid. 8. Defendant, Michele Wirth, admits this to be a true statement. 9. Defendant, Michele Wirth, admits this to be a true statement. 10. Defendant, Michele Wirth, admits this to be a true statement. 11. The sum of $4,070.00 nor any other sum of money is owed by the Defendant, Michele Wirth, to the Plaintiff based on the follow facts. The Defendant, Michele Wirth, stopped paying rent in January 2008 based on the precedence that had been set by the Plaintiff for eleven (11) other lease signing members of the office space located at 704 Lisburn Road, Camp Hill, PA 17011, who previously stopped using the office space and also stopped paying rent under the same circumstance as the Defendant. In October 2002 the Defendant, Michele Wirth, became a Sales Director with Mary Kay Cosmetics and joined the Plaintiff, Mary Kay Independent Sales Directors, by co-signing the lease for office space located at 704 Lisburn Road, Camp Hill, PA 17011. During the period of time between October 2002 and October 2007 the lease signing members of the office space changed many times. Nine (9) of the changes occurred because lease signing member's status with Mary Kay Cosmetics changed and they were no longer Sales Directors with the company. The change affected the income they received from Mary Kay Cosmetics and they could no longer financially afford to pay the monthly rent required for use of the office space. Two (2) of the eleven (11) changes occurred because the lease signing members decided to utilize office space elsewhere. Each of these eleven (11) women left and stopped paying rent without finding a replacement for their position as a lease signor. Each time one of these eleven lease signers stopped paying rem, without finding a replacement, the monthly rent for the remaining members was increased to compensate for the decreased number of paying members. The Defendant, Michele Wirth, paid increased rent each time. The following is a listing of the eleven lease signers who left along with the dates and details. None of them found a replacement lease signor. None of them were required to pay any further rent after the time that they left even though each and every one of them signed the lease. i. In December 2003 Melissa Molchan stopped utilizing the office space located at 704 Lisburn Road. Melissa moved out of the area and no longer needed office space in Camp Hill. Melissa had signed the lease with a term ending on December 31, 2009. Melissa paid the equivalent of four (4) months rent, in a lump sum, after she stopped utilizing the office space and was not required to pay any further rent after that. She did not find a replacement lease signor. Attached Exhibit A is a copy of the Treasurer's records for December 2003 showing that Melissa Molchan' did not pay rent for the month of December 2003. Melissa also did not pay rent for any month after that date. Exhibit B shows the rent increase from $267.00 to $310.00 for the remaining members, which included the Defendant, Michele Wirth. ii. In December 2003 Maxine Holyfield stopped utilizing the office space located at 704 Lisburn Road. Maxine's status with Mary Kay Cosmetics changed and she was no longer a Sales Director. Because of the change she could no longer financially afford to pay the monthly rent. Maxine had signed the lease with a term ending on December 31, 2009, Maxine did not find a replacement lease signor and was not required to pay any further rent after December 2003. Attached Exhibit A is a copy of the Treasurer's records for December 2003 showing that Maxine Holyfield did not pay rent for the month of December 2003. Maxine also did not pay rent for any month after that date. Exhibit B shows the rent increase from $267.00 to $310.00 for the remaining members, which included the Defendant, Michele Wirth. iii. In June 2004 Alison Ramper stopped utilizing the office space located at 704 Lisburn Road. Alison's status with Mary Kay Cosmetics changed and she was no longer a Sales Director. Because of the change' she could no longer financially afford to pay the monthly rent. Alison had signed the lease with a term ending on December 31, 2009. Alison did not find a replacement lease signor and was not required to pay any further rent after June 2004. Attached Exhibit C is a copy of the Treasurer's records for June 2004 showing that Alison Ramper did not pay rent for the month of June 2004. Alison also did not pay rent for any month after that date. Exhibit D shows the rent increase from $225.00 to $265.00 for the remaining members, which included the Defendant, Michele Wirth. iv. In February 2005 Roxann Sheetz stopped utilizing the office space located at 704 Lisburn Road. Roxann's status with Mary Kay Cosmetics changed and she was no longer a Sales Director. Because of the change she could no longer financially afford to pay the monthly rent. Roxann had signed the lease with a term ending on December 31, 2009. Roxann did not find a replacement lease signor and was not required to pay any further rent after February 2005. Attached Exhibit E is a copy of the Treasurer's records for February 2005 showing that Roxann Sheetz did not pay rent for the month of February 2005. Roxann also did not pay rent for any month after that date. Exhibit F shows the rent increase from $216.00 to $230.00 for the remaining members, which included the Defendant, Michele Wirth. V. In March 2005 Gale Ehrhorn stopped utilizing the office space located at 704 Lisburn Road. Gale no longer needed office space in Camp Hill. Gale had signed the lease with a term ending on December 31, 2009. Gale did not find a replacement lease signor and was not required to pay any further rent after March 2005. Attached Exhibit E is a copy of the Treasurer's records for February 2005 showing the last month that Gale Ehrhorn paid rent. Gale did not pay rent for any month after February 2005. Exhibit F shows the rent increase from $216.00 to $230.00 for the remaining members, which included the Defendant, Michele Wirth. vi. In March 2005 Gina Bream stopped utilizing the office space located at 704 Lisburn Road. Gina's status with Mary Kay Cosmetics changed and she was no longer a Sales Director. Because of the change she stopped paying the monthly rent. Gina had signed the lease with a term ending on December 31, 2009. Gina did not find a replacement lease signor and was not required to pay any fiuther rent after March 2005. Attached Exhibit F is a copy of the Treasurer's records for March 2005 showing that Gina Bream did not pay rent for the month of March 2005. Gina also did not pay rent for any month after that date. Exhibit G shows the rent increase from $230.00 to $235.00 for the remaining members, which included the Defendant, Michele Wirth. vii. In July 2005 Judy Fogelman stopped utilizing the office space located at 704 Lisburn Road. Judy's status with Mary Kay Cosmetics changed and she was no longer a Sales Director. Because of the change she could no longer financially afford to pay the monthly rent. Judy had signed the lease with a term ending on December 31, 2009. Judy did not find a replacement lease signor and was not required to pay any further rent after July 2005. Attached Exhibit H and I is a copy of the Treasurer's records for July 2005 showing that Judy Fogelman did not pay rent for the month of July 2005 or August 2005. Judy also did not pay rent for any month after that date. Exhibit J shows the rent increase from $250.00 to $265.00 for the remaining members, which included the Defendant, Michele Wirth. viii. In August 2006 LeAnn Walls stopped utilizing the office space located at 704 Lisburn Road. LeAnn's status with Mary Kay Cosmetics changed and she was no longer a Sales Director. Because of the change she could no longer financially afford to pay the monthly rent. LeAnn had signed the lease with a term ending on December 31, 2009. LeAnn did not find a replacement lease signor and was not required to pay any further rent after August 2006. Attached Exhibit K is a copy of the Treasurer's records for August 2006 showing that LeAnn Walls did not pay rent for the month of August 2006. LeAnn also did not pay rent for any month after that date. Exhibit L shows the rent increase from $250.00 to $265.001 for the remaining members, which included the Defendant, Michele Wirth. ix. In November 2006 Jill Cohn stopped utilizing the office space located at 704 Lisburn Road. Jill's status with Mary Kay Cosmetics changed and she was no longer a Sales Director. Because of the change she could no longer financially afford to pay the monthly rent. Till had signed the lease with a term ending on December 31, 2009. Till did not find a replacement lease signor and was not required to pay any further rent after November 2006. Attached Exhibit M is a copy of the Treasurer's records for August 2006 showing that Jill Cohn only paid $26.00 of the $250.00 monthly rent for the month of November 2006. Exhibit N is a copy of the Treasurer's records for December 2006 showing that Jill did not pay rent for the month of December 2006. Jill also did not pay any rent for any month after that date. Exhibit O shows the rent increase from $250.00 to $275.00 for the remaining members, which included the Defendant, Michele Wirth. X. In January 2007 Jen Mumma stopped utilizing the office space located at 704 Lisburn Road. Jen's status with Mary Kay Cosmetics changed and she was no longer a Sales Director. Because of the change she could no longer financially afford to pay the monthly rent. Jen had signed the lease with a term ending on December 31, 2009. Jen did not find a replacement lease signor and was not required to pay any further rent after Jajnuary 2007. Attached Exhibit O is a copy of the Treasurer's records for January 2007 showing that Jen Mumma did not pay rent for the month of January 2007. Jen also did not pay rent for any month after that date. Exhibit O also shows the rent increase from $250.00 to $265.00 for the remaining members, which included the Defendant, Michele Wirth. xi. In February 2007 Eileen Norman stopped utilizing the office space located at 704 Lisburn Road. Eileen's status with Mary Kay Cosmetics changed and she was no longer a Sales Director. Because of the change she could no longer financially afford to pay the monthly rent. Eileen had signed the lease with a term ending on December 31, 2009. Eileen did not find a replacement lease signor and was not required to pay any further rent after February. Attached Exhibit P is a copy of the Treasurer's records for February 2007 showing that Eileen Norman did not pay rent for the month of February 2007. Eileen also did not pay rent for any month after that date. On October 31, 2007 the Defendant, Michele Wirth's status with Mary Kay Cosmetics changed. Michele was no longer a Sales Director which reduced her monthly income making it impossible to pay the rent, just as had been the circumstance with nine (9) of the eleven (11) other lease signing members who left and stopped paying rent under the same circumstances. The Plaintiff, Mary Kay Independent Sales Directors, allowed eleven (11) other lease signing members to leave and pay no further rent, even though each one of them had signed the lease for the office space from the date they started through December 2009. Not one of the eleven (11) members listed above found a replacement lease signor when they left and stopped paying rent. The Defendant, Michele Wirth, did not anticipate or expect to be treated any differently than the other members who left under identical circumstances and therefore does not believe the amount of $4,070.00 representing a breakdown of the balance of $130.00 and the late fee of $20.00, due for the month of February 2008 and the sum of $280.00, for the months of March 2008 - April 2009, is owed to the Plaintiff, Mary Kay Independent Sales Directors. WHEREFORE, Defendant claims to owe no monies to the Plaintiff and if found in favor of Defendant requires Plaintiff to pay all cost of suit. Respectfully submitted, Michele Wirth 507 Alison Avenue Mechanicsburg, PA 17055 Date: May 1, 2009 /WCL- -Tq.mnx 7 I4-a-hy Lon 05nna cz?o Jto-l 01 t PoLt n brad IOU, - ?bi ? A -?, NC-T- 1\) ur Vic cll? ??Ct P?" Ion. CU ?? 17 (v') ?rn?rac? you' ?rnbrc?c? lh,? rCt??? Vim re,,f rte-. ?? ?ci ?0? I 1?- 3'9 m ?m m m rmV,C- MISC i ji t fee, d O? .qO gl jO 706, OD aI1.1 u 1-2107.00 t y --/D, w Vic j p?rn?? 31b. ? 310• ? . _ r _ p ?S _ . ?il I 3 31?.'? { 0 vcrlOa,? c? mjdA,jG W dro,? AnrP-,ffe-- 31 ?' ??• - Sulam Ib.' 310• PrI is un tvyj? saw _- i 310 i i . a VIC, r a ?r?uraca Ym raf?l? ?a?tna? Lo ro, ,4nt m?? 6tra?- Jill mickub b WO-ob 8 LtaCv 6104 Lu,004-? 1 1-1 lqnr? .2; ,oo a16.n P /j, ads. op oZ;8 . w o'b .ou -va C77• ?6, cro ;. vo ,2a5. 01) 1) OD Iy3. 6v 9!, e&a,-nwb , ek P ?is sZ yak Ae- , 0,00 41 Iq Cvf0r is rJl/ p? 11 moo. ? ??btt 0 r? Jill P. ?iwwny. y ?i Ile?n ?uscv?- ? v ? t ? 360 - 3Do . ?r6m l?cc ,?dk- O 0 e$? j 1 Z-Z 6-7 90 O-D . c:) to. qo 1. ®v 1(o. 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Michele Wirth, Defendant :In the Court of Common Pl6as :Cumberland County Pennsylvania :No. 09-1830-Civil :Civil Action-Law CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant's Answer by placing the same in the United States Mail, first class, postage paid, at Mechanicsburg, Pennsylvania, addressed as follows: Boswell, Tintner & Piccola 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 Attn: Denise Foster By: hLQ, Michele Wirth, Defendant Date: May 1, 2009 OF THE t 1 ,= f`Y 2009 A?? AM 8: 1 1 }-r ors,