HomeMy WebLinkAbout09-4720LETORT WAREHOUSES, INC. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION -LAW
VILLAGE CRAFT CONTRACT, NO. 09- y7 Civil Term
FURNISHINGS, L.P.
Defendant
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 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accomodations available to disabled individuals having business before the court, please
contact our office. All arrangements must be made at least 72 hours prior to any hearing or
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LETORT WAREHOUSES, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
VILLAGE CRAFT CONTRACT, :NO. 09- H 7 Z v Civil Term
FURNISHINGS, L.P.
Defendant
COMPLAINT
AND NOW, comes Letort Warehouses, Inc., by and through Frey & Tiley Attorneys at
Law and respectfully state as follows:
1. Plaintiff is Letort Warehouses, Inc., a Pennsylvania corporation having its office and
principal place of business at 405 North East Street, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Village Craft Contract Furnishings, L.P., a Pennsylvania limited partnership
having its address and principal place of business at 1446 Holly Pike, Carlisle, Cumberland County,
Pennsylvania.
3. Plaintiff is the owner of real estate situate in the Borough of Mt. Holly Springs,
Cumberland County, Pennsylvania with a mailing address of 408 Baltimore Avenue, Mt. Holly
Springs, Pennsylvania.
4. On or about December 3, 2006, Plaintiff and Defendant entered into a lease for the
leasing to Defendant of a portion of the real estate owned by Plaintiff at 408 Baltimore Avenue. A
copy of the lease is attached hereto and incorporated herein by reference as Exhibit "A".
5. Pursuant to the terms of the lease Defendant paid the first month's rent and took
possession of the leased premises.
6. Thereafter, Plaintiff has refused to pay any further rent and is now in default for
nonpayment of rent for the leased property.
7. On or about January 12, 2008, Plaintiff sent to Defendant written notice of default, a
copy of which is attached hereto and incorporated herein by reference as Exhibit "B".
8. Defendant is now in default for the nonpayment of rent from January 1, 2007 through
November 1, 2007, the date of vacating, in the total amount of $34,735.49.
9. Defendant is further in default for the nonpayment of late fees as required by the lease
in the amount of $3,473.55.
("X-
11. Plaintiff is further entitled to interest at the legal r*of 6.00% from the date when
Defendant vacated the premises, November 1, 2007, in the amount of $3,630.38.
10. The total amount now owed by Defendant to Plaintiff pursuant to the terms of the lease
agreement is as follows:
Rent owed $34,735.49
Late fees owed 3,473.55
Interest to June 1, 2009 3.630.38
Total owed by Defendant $41,839.42
WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against
Defendant in the amount of $41,839.42 plus interest to the date of payment and costs, as stated
herein.
Respectfully submitted,
Frey & Tiley,
Attorneys for Plaintiff
By:
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn
falsification to authorities.
Dated: 6/10/09
Letort Warehouses, Inc.
Eby
AGREEMENT made this 2006, between LETORT
WAREHOUSES INC. of Carlisle Pennsylvania, hereinafter referred to as "Landlord" and
hereinafter referred to as "Tenant".
lut
WITNESSETH, that the Landlord, in consideration of the rents and covenants
hereinafter mentioned, doth demise and lease unto the Tenant to be used as a warehouse
and storage of supplies and other articles of personal property, the space located at the
rear of 408 Baltimore Ave. Mount Holly Springs, Pa.
THE LANDLORD represents and warrants (a) that the facilities and fixtures for
the utilities thereat will be in good working order and condition; (b) that the use of the
premises for the aforesaid purposes is lawful and not violate of any covenants,
restrictions and/or governmental laws, ordinances and regulations; (c) that there are no
violations against the premises. The warranties and representations of the Landlord set
forth in this agreement shall survive the taking of possession of the premises by the
Tenant.
TO HAVE AND TO HOLD, unto the Tenant, subject to the conditions of this
agreement for the term beginning on December 15'', 2006 and ending on December 14th,
2009.
IN CONSIDERATION OF WHICH the Tenant agrees to pay to the Landlord for
the use and occupancy of the space, approximately 9225 square feet at $4.15 per square
foot annually, and the total sum of $38,383 annually due will be payable at the rate of
$3,190.25 per month in advance on the 1 st day of each rental period, starting with the
15th of December 2006. Rents not received by the 15a` day of each month will be late and
will be assessed a 10% late penalty owed and due by the end of each month and payable
by the Tenant.
The Tenant will also be responsible for paying for the electrical service and
heating fuels that the Tenant uses. At the sole discretion of the Landlord, reasonable
building modifications will be made at the discretion of and approval by the Landlord and
at the Landlord's expense.
BY NOTICE in writing sent by the Tenant to the Landlord not later than NINTY
{90) days before the expiration of the original term of this lease, the Tenant shall have the
right to renew this lease for an additional period of up to Three (3) years, to wit, from
December 15'' 2009 to December 14'h, 2012, upon and subject to all of the terms and
conditions hereof, except rental for the second term shall be established upon mutual
agreement of the parties.
The LANDLORD HAS THE RIGHT TO transfer this lease to a new OWNER
who would then be bound by all the conditions of the lease.
ANYTHING IN this lease contained to the contrary notwithstanding, all repairs
and alterations required to be made to the exterior and interior of the premises shall be
made by the Landlord, at its sole cost and expense, unless the need for such repairs, etc.,
is due to an act or acts of the Tenant or those persons doing business with it.
AS FURTHER CONSIDERATION for the use and occupancy of said premises
by the Tenant and the obligation of the Tenant to pay rent and otherwise perform the
terms of this lease, the parties hereby agree to faithfully keep and be bound by the
following conditions:
2
1. The interior of said premises are to be kept and maintained by the
Tenant in as good repair and condition as at the taking of possession.
At the expiration of this lease, the premises are to be surrendered in like
repair and condition, natural wear and tear, and damages happening by
fire, storm or other casualties excepted. The Tenant shall not knowingly
do or commit, or willingly suffer to be done or committed, any act or thing
contrary to the conditions or stipulations of the policy or policies of
insurance on the premises, but the Landlord represents and warrants that
the intended use of the premises, as above set forth, is not contrary to said
policies of insurance.
2. The premises are to be kept in a clean and sanitary condition and all
trash which may accumulate thereon during the term are to be removed,
and in case of failure to remove same, the Landlord may collect as rent
due and in arrears the cost of removal.
3. Landlord expressly reserves the right to enter upon the premises at
reasonable times for the purpose of making necessary inspection, repairs
or to show the same to prospective purchasers or lessees, and may during
the last two months of either term display "for rent" or "for sale" cards
thereon.
4. If default should occur in the payment of any part of the said rent after
the same becomes due, or if a breach of any of the covenants or conditions
of this agreement should occur, and such default or breach continues for a
period of thirty (30) days after written notice and demand, the Landlord
may forfeit and annul the unexpired portion of this lease and enter upon
and repossess the said premises with or without process of law, and
without giving any further notice whatsoever. If the said default or breach
involves the performance of any work by the Tenant, then and in such
event, if the Tenant starts the work within thirty (30) days period after
W?l 3
written notice and demand and diligently prosecutes the same, the
Landlord shall not have the rights given to it by the terms of this
paragraph.
5. It is further agreed that if the Tenant shall make an assignment for the
benefit of creditors, file a voluntary petition in bankruptcy, or if an
involuntary petition in bankruptcy, and if, upon the happening of any one
or more of the contingencies in this paragraph set forth, there be an
accompanying default in the payment of rent hereunder continuing for
thirty (30) days after notice and demand as in paragraph 4 hereof
provided, the Landlord may re-enter, all as in said paragraph 4 above
provided.
6. If the Tenant shall pay the rent as herein provided and shall keep,
observe and perform all of the other covenants and terms of this lease, the
Tenant shall peaceably and quietly have, hold and enjoy the said premises,
for the term aforesaid.
7. All notices hereunder shall be in writing and shall be deemed to have
been dulygiven if mailed in any U.S. Post Office enclosed in a certified
postpaid envelope addressed as follows:
Party of the first part:
LETORT WAREHOUSES INC.
405 N. East Street
Carlisle, Pa. 17013
Party of second part:
`f ?g? ?7ff CAIW 4
The address to which notice is to be sent may be changed at any time by notice
given in the manner provided above.
8. In the event the demised premises shall at any time be totally destroyed
or damaged by fire or other unavoidable casualty so as to render the same
completely unusable, either party hereto, within thirty (30) days thereafter,
by notice in writing to the other, may declare this lease terminated as of
the date of the event causing total destruction. In the event the demised
premises shall at any time be rendered partially unusable by fire or other
unavoidable casualty, a fair and just proportion of the rent herein reserved
shall be suspended and abated until the demised premises are restored. In
the event of such partial destruction or, in the event neither party hereto
elects to terminate this lease in case of total destruction of the demised
premises, the Landlord shall restore the demised premises at the same
location as speedily as possible in a manner and style substantially the
same as it was before said fire or casualty. In case of total destruction,
neither party electing to terminate, as aforesaid, rent shall be suspended
until the premises are restored.
9. It is further agreed that the terms and conditions of this agreement and
lease shall in no way be changed or altered except by a writing signed by
all of the parties hereto.
10. The conditions of this agreement shall extend to the successors, and
assigns, of all of the parties hereto.
11. The laws of the Commonwealth of Pennsylvania shall govern this
agreement, and all disputes connected herewith shall be resolved in a
forum in Pennsylvania.
12. Anything in this lease contained to the contrary notwithstanding
Tenant may terminate this lease, or any renewals thereof, at any time by
giving Landlord written notice of it's intention to terminate as provided for
in Article 8 upon the condition that the lease will remain in effect for a
period of time equaling twenty percent (20%) of the unexpired balance of
the term or three (3) months after receipt by the Landlord of such Notice
of Termination, whichever shall be longer.
13. It is understood and agreed that Tenant shall be responsible for
insuring its articles and supplies stored in the leased premises against loss
from fire or other casualty. Tenant shall have no obligation to insure the
structure of the leased premises, such insurance being an obligation of the
Landlord.
14. Any additions or alterations made to the building must be approved in advance
by both parties of the contract.
IN WITNESS WHEREOF, the parties hereto have hereunto set their corporate
hands and seals the day and year recited below.
ATTEST: LETORT WAREHOUSES INC.
Date Z
ATTEST:
Date: 3 }
vGmTW
Letort Warehouses Inc.
Shipping Address: Mailing Address.
405 N. East St.
Carlisle, PA 17013
2464 Lobach Drive
Mechanicsburg, PA 17055
January 12, 2008
Village Craft Contract Furnishings LP
191 Anaconda Drive
Pennsylvania Furnace, PA 16865-9443
Subject: FINAL NOTICE OF INTENT TO BRING SUIT
Warehouse rental at 408 Baltimore Ave, Mt. Holly Springs PA
Gentlemen:
You currently have unpaid invoices for rent of warehouse space at 408 Baltimore Avenue
in Mt. Holly Springs. The invoices cover the period between January 15, 2007 and
November 14, 2007 plus costs to clean the floor area to prepare for a new tenant. A
statement showing the total due of $34,735.49 plus copies of the outstanding invoices are
enclosed for your reference.
We previously sent letters and made contact with your business and still have not
received payments on these invoices. This letter is to inform you that unless we receive
payment in full by Wednesday, January 23, 2008 we will instruct our lawyer to take all
actions necessary under the law to collect this amount due.
Please immediately forward your check payable to Letort Warehouses Inc. to our mailing
address - 2464 Lobach Drive, Mechanicsburg, PA 17055. If you have any questions or
issues with these invoices, please contact me on my cell phone at (717) 919-4754.
Sincerely
96v*
Paul S. Sheaffer Jr.
President
vow"r
T?IRY
2C C4 JUL 1-0 ;I I!.
mss. s o ?C_.i4
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Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
Letort Warehouses, Inc.
vs.
Village Craft Contract Furnishings, LP
'4 440
FiuE'^F'i F SIERIFF
Case Number
2009-4720
SHERIFF'S RETURN OF SERVICE
07/28/2009 12:37 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 28,
2009 at 1237 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Jerry M. Trolinger, by making known unto himself personally, defendant at 1446 Holly
Pike Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him
personally the said true and correct copy of the same.
SHERIFF COST: $33.84
July 29, 2009
f ??4 Ls I`?.,?L
OF THE 'OTARY
2f191UIL 3u Ail a 1u: u`
SO ANSWERS,
R THOMAS KLINE, SHERIFF
4 eputy Sheri
LETORT WAREHOUSES, INC.
Plaintiff
vs.
VILLAGE CRAFT CONTRACT,
FURNISHINGS, L.P.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 09- 4720 Civil Term
PRAECIPE FOR DEFAULT JUDGMENT
TO: Cumberland County Prothonotary
Please enter judgment in favor of Plaintiff and against Defendant in the amount of $41,839.42
with interest thereon at the legal rate of 6.00% per annum from June 1, 2009, plus costs, for failure
of Defendant to plead with twenty days from the date of service of the Complaint on July 28, 2009.
It is certified that Notice of Intention to Enter Default Judgment has been given in accordance with
Rule 237.1 of the Pennsylvania Rules of Civil Procedure, a copy of said Notice being attached
hereto.
DATED: November 9, 2009
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
LETORT WAREHOUSES, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION -LAW
VILLAGE CRAFT CONTRACT, NO. 09- 4720 Civil Term
FURNISHINGS, L.P.
Defendant
TO: Village Craft Contract Furnishings, LLC
DATE OF NOTICE: August 18, 2009
BRORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
Robert G. Frey, Esquire
Supreme Court Number 4K7
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
UNITED STATES
' o 04y fee, a Tx stamps or
Mpdm POS TA L SERVICE@ Certificate Of Mailing -Meterpo§tag?here.
This Certificate of Mailing provides evidence that mail has been presented to USPCor mailing.
This form may be used for domestic and international mail. y?
From:
FxEY & TILEY tT m
ATTORNEYS-AT-LAW + p IB f N
5 SOUTH HANOVER STREET k\ C
GARLISLE, PA 170131 f,, =1 j ?? yY
T _ Villagecraft Contract Furnishings, L.i-g'??`
191 Anaconda Drive y.
Pennsylvania Furnace, PA - "'
16865-9443
PS Fc 17, April 2007 PSN 7530-02-000-9065
UNITEDSTATES Lac `a ••-_ *
JUPOST13L SERVICE® Certificate Of Mailing- "?e?' Est' affix stamps or
IYiYstag?here.
This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. 0:3 ]=
This form may be used for domestic and international mail.
From: X17' *
FxEY & TILEY Ir?u°h UNfTE00
ATTORNEYS-AT-LAW r h
5 SOUTH HANOVER STREET ` 0 a
GARLISLE, PA 17013 V v1 '""" ?t
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To: J •JoJ ^ strnay re
Villagecraft Contract Furnis gs? m 4:11.
1446 Holly Pike
Carlisle, PA 17015
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LETORT WAREHOUSES, INC. IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. :CIVIL ACTION -LAW
VILLAGE CRAFT CONTRACT, NO. 09- 4720 Civil Terrn
FURNISHINGS, L.P.
Defendant
c~ o
...._ ~:-,
_ n
~ ~
PRAECIPE TO DISCONTINUE S ~: ~ r
>,.
'
To: The Prothonotary of the Court of Common Pleas of Cumberland County, Penil~ani~- ~
~~
~~ ~
~_ .'
Please Discontinue the Writ of Execution filed in the above-captioned action. ~
~;?
~
~' -c
Frey & Tiley,
Attorneys for Plaintiff'
Date: May 14, 2010
Y ~-~
By: ~
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Shewf
Jody S Smith
Chief Deputy
Richard W Stewart
Solrci, )r
Lets art Warehouses, inc
"s.
Village Craft Contras Fumcshings, LP
SHERIFF'S RETURN OF SERVICE
10: I J
J ? I •.
: v?A
t;. use Number
9C9-4?20
01115,'20' 0 03 00 Plv - William Cline, Deputy Sheriff, who being duly sworn according to law, states inat er) January
13, 201(+ at 1500 h(Xrs, attached as herein commanded all goods, cnattels, rights, dekts ::redits and
monies w the within named defendant, to wit: Village Craft Contract Furnishings, L P r, t!~ e hand:,
possess c.n, or control of the within named garnishee, Members 1st Federal Credit Unn;n !)000 Lcuise
Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Denise L.D-ah
Recepticrist, personally three copies of interrogatories together with three true arc' attest ? copies of the
writ of ekE-artion and made the contents there of known to her
The writ )' execration and notice to defendant was mailed on January 15, 2010 to Villagecr? t* C ont-act
Furrnshirc;s. LP at 1446 Holly Pike. Carlisle, PA 17013.
09/012010 Ronny R Anderson Sheriff, who being duly sworn according to law states this writ of xec tic?-i is
ret arned 3s ABANDONED. No action on writ in over 6 months.
SHERIFF COST 59-7 `SO ANSWERS.
k- 7,
Seotember 03. 2`)1RCNKY R ANDERSON HERIF F
Yf S h a 17 o n R .. ) a r-1 ¢_z `_ _^