Loading...
HomeMy WebLinkAbout09-6654COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM G DISTRICT JUSTICE JUDGMENT r?w.J?tD /? COMMON PLEAS No. r7^ COCoM NO O lem 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. NAME OF APPELLANT OcA U l t ar-nk ?1yM ' IAIt V OZ.. OMhL.,B ?JZ ADDRE OF APPELLANT CITY ATE ZIP CODE DATE OF A)DGMENT IN THE CASE OF (PbiMiff) DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGE 6.Z` m moo ?q?o - o q o? This block will be signed ONLY when this notation is required under Pa. If appellant Claimant (see Pa. A.C.P.D.J. NO. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. ? Sowtum & Rdhandwy or D*p* 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 a GO U ?- I 0 1":0A EMe*'-A appellee(s), to file a complaint in this appeal hems of apps ws) (Common Pleas No. .v • ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. e)q_ Iota (I em t 400141111 &aC% Z2 of appepa?nt or ajpfty or agent RULE: To U y I ??? Cyy( L=?- , appellee(s) Name of appeNee(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 Mai. (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. Date: ? lp .20 of ProBlonorary or newly 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 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (1'0) DAYS AFTER filing 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 20 Signature of official before whom affidavit was made Tide of ofta/ My commission expires on -20 t1Qt%V HQVD xo, A.uy .am ad 519' 8L V1 VA-1ASNN9d kmcrr rn? 0:114 9-100 60OZ Signature ofa/fiant IWMgH 08d ill 30 ?.?t-t7dld COMMONWEALTH OF PENNSYLVANIA n/'ll IAIT\/ flC• CUMZRXJLND Mag. Dist. No.: 09-1-02 ' MDJ Name: Hon. RoxAm J . HORNER Address: 1901 STATE ST CAW HILL, PA Telephone: (717 ) 761-0583 17011 ATTORNEY DEF PRIVATE : BENJAMIN L. COX PO BOX 1408 108 HMILTON CIR HARRISBURG, PA 17105 NOTICE OF JUDGMENT/TRANSCRIPT NONRESIDENTIAL LEASE PLAINTIF . NAMEandADDRESS -1 f0 HARSET ST LLC 700 DREXEL HILLS BLVD NNW CMMZRLAND, PA 17070 L J vs. DEFENDANT: NAME and ADDRESS I-OGUBJIOFOR, M E>[A 3960 JONESTOWN RD HARRISBURG, PA 17109 L J Docket No.: LT-0000290-09 Date Filed: 9/08/09 Ila THIS IS TO NOTIFY YOU THAT: r F Judgment: FOR pr'T?rr? ® Judgment was entered for: (Name) 50 HARM ST LLC i a n Judgment was entered against OGUEJIOFOR 81[SSA Landlord/Tenant action in the amount of $ 574.72 on 9/24/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 2, 600. 00. The total amount of the Security Deposit is $ 2,600.00 Total Amount Established 4Y3J 0L ss • Security Deposit Applied 7 $ $ Adjudicated m 02 Rent in Arrears $ .00= 00_ Physical Damages Leasehold Property $ . = -$ 00 $ . 00 $ _ 00 - Damages/Unjust Detention $ _ 00 Less Amt Due Defendant from Cross Complaint - $ _ 00 Interest (if provided by lease) $ _ 00 L/T Judgment Amount $ 473.02 Judgment Costs $ 101.70 ? Defendants are jointly and severally liable Attorney Fees $ _ 00 ? This case dismissed without prejudice. Total Judgment $ 574.72 ® Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is no sa Is Ie y time o eviction. ? Possession not granted. ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS 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. s Date Mags`tefial District Judge s a true an correct copy t o recor o the proceedings contain g t en#. Date ?, Magisterial District Judge - (Domestic CAMP HILL PA117011 _n `q ? Postage $ $0.44 %66 r) Certified Fee $3.80 2 S? ° ° Return Receipt Fee (Endorsement Re ired) $2. X ' s Zy O qu i Restricted Delivery Fee (Endorsement Required) $0.00 f ?C F. b 0 $5 54 . Total Postage a Fees $ . itl 4. ISent ........... I'P AA 0 ? t? '7+ LIC ° r,- or PO Box No. V aG 1.D B S Ti M A., ?3 S, City Siaie. Z%P+a --- ----------------------- -------- ------------... ? IIZ? tMAJ??vt.V1f1----- p,- (?D t - - ru '• • CA a Postage $ $0.44 Certified Fee 9 O ° Return Receipt Fee (Endorsement Required) ? P tmark Here ° Restricted Delivery Fee E d O ( n orsement Required) -10 Total Postage & Fees $$ 1 09 ^ Q, ° Sent To 14 04,? 2 - - C4 el ?P ---------•----- - ----- - Q o r- -i °-----s--° C3 r. Street, Apt. No.; or PO Box No. I k p t :>-?- S T - ------°°°°°------ ------------- We Z11j+4 --- CLlmp P4 l PROOF OF SERVICE OF NOTICE OF APPEAL 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 C u vy, b•Pr (0 h eJ-- ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas (q w ?- , upon the District Justice designated therein on (date of service) I t? 04 2009 , '? by personal service Rby (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Jer+i%, f tr * r, 9 14 001 2009 ? by personal service ?' by (certified) (registered) mail,?+ sender's receipt attached hereto. (SWO N ,(FIRMED) AND SLICRIBED BEFORE ME TF I I DAY OF 20 ©1 . Signature of cia/ before whom affidavit was made Title of official My commission expires on 20 -' NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY-CQJMISSION EXPIRES JANUARY 4, 2010 Signature ofaffiant fV -fi n -v i cm :jj Mr.-, ': C-,) - "I r- ? W Jm Ln rn 50 MARKET STREET, LLC Plaintiff V. EMEKA OGUEJIOFOR Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2009-6654 CIVIL ACTION - LAW : CIVIL TERM N O T I C E You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Lawyer Referral Service Cumberland County Cumberland County Bar Association 32 Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 By: Jenni r B. pp, Esquire Pa. I. No. 86556 Bogar and Hipp Law Offices One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiffs, 50 Market Street, LLC 50 MARKET STREET, LLC Plaintiff V. EMEKA OGUEJIOFOR Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 09-6654 : CIVIL ACTION - LAW CIVIL TERM COMPLAINT 50 MARKET STREET, LLC, a Pennsylvania Limited Liability Company, by and through its attorney, Jennifer B. Hipp, Esquire, respectfully represents as follows: 1. Plaintiff herein is 50 Market Street, LLC, a Pennsylvania Limited Liability Company, with a registered business address of 700 Drexel Hills Boulevard, New Cumberland, Pennsylvania 17070. 2. Defendant herein is Emeka Oguejiofor, an adult individual, with a mailing address of 3960 Jonestown Road, Harrisburg, Pennsylvania 17109. The Defendant Emeka Oguejiofor is known by the nickname of "Morgan." 3. Plaintiff is the owner of real property known and numbered as 50 Market Street, Borough of Lemoyne, Pennsylvania, same being a commercial rental property. 4. On October 31, 2008 Plaintiff, by written Lease Agreement with Defendant, leased to Defendant a portion of the commercial rental property located at 50 Market Street, Lemoyne, Pennsylvania, for a stated term of two (2) years. A copy of the Lease Agreement is attached hereto and incorporated herein as Exhibit "A." S. Defendant was responsible to pay rent in the monthly amount of $2,600.00 per month, payable on or before the first day of each month. See Exhibit "A", Paragraph No. 4. 6. Defendant failed to make a rent payment for the month of October, 2009. 7. On July 29, 2009, Plaintiff served a Notice to Quit via Pennsylvania constable service on Defendant based upon his forfeiture of the Lease Agreement for his breach of several of the Lease Agreement's conditions and Affirmative Covenants. A copy of the Notice to Quit and Certificate of Service are attached hereto and incorporated collectively herein as Exhibit B. 8. Defendant breached the terms set forth in Paragraph No. 2 of the Lease Agreement in that the Defendant used Plaintiff's property that was not included in the demised premises. See Exhibit "A." 9. The Defendant parked demolished vehicles on an area located outside of the specified leased property. See Exhibit "A", Paragraph No. 2 and Exhibit A to the Lease Agreement. 10. The Defendant breached the terms set forth in Paragraph No. 6 of the Lease Agreement in that he failed to register his e name as the account holder with the utility companies, including the water and electric companies, and to pay the utility bills. See Exhibit "A," Paragraph No. 6. 11. The amount outstanding due and owing for unpaid utility bills is approximately $530.00. 12. By correspondence dated February 24, 2009, Plaintiff wrote to Defendant to advise that he owed funds to Plaintiff for the utility bills. A copy of the February 24, 2009 correspondence is attached hereto and incorporated herein as Exhibit "C." 13. By correspondence dated March 23, 2009, Diane Carter Freedman, member of 50 Market Street, LLC, wrote to Defendant advising him that he was required to transfer all utilities for the rental property into his name and to remit payment for utility bills paid on his behalf by Plaintiff. A copy of the March 23, 2009 correspondence is attached hereto and incorporated herein as Exhibit "D." 14. The Defendant breached the Affirmative Covenant set forth in Paragraph No. 8(h) of the Lease Agreement in that he parked junked or demolished vehicles with keys located in the ignition on the leased premises and on areas located outside the leased premises. See Exhibit "A," Paragraph No. 8(h). 15. Plaintiff Landlord was required to supervise the vehicles with keys located in the ignition given that homeless individuals were found sleeping in those vehicles. 16. Defendant breached the Negative Covenants in the Lease Agreement set forth in Paragraph No. 9(a) in that he was occupying the demised premises for purposes other than as "office and minor auto repair and reconditioning." See Exhibit "A," Paragraph 9(a). 17. Defendant was using the property as storage, or as a junkyard for completely demolished vehicles. 18. Defendant did not use the premises as an office or for minor auto repair and reconditioning. 19. The Defendant breached the terms set forth in Paragraph 12(a) of the Lease Agreement in that he failed to provide the Plaintiff with proof of insurance. See Exhibit "A," Paragraph 12 (a) . 20. Despite Plaintiff making repeated requests, Defendant has failed to provide proof of insurance to Plaintiff. 21. At the conclusion of the thirty (30) day period specified in the Notice to Quit, Defendant failed to vacate the premises. 22. On September 8, 2009, Plaintiff filed a Landlord and Tenant Complaint with Magisterial District Judge Ronald J. Horner. 23. A hearing was held before Magisterial District Judge Horner on September 23, 2009. 24. Judge Horner issued a Notice of Judgment on September 24, 2009 granting possession to Plaintiff and making an award of $473.02 for rent in arrears plus judgment costs. A copy of the Notice of Judgment is attached hereto and incorporated herein as Exhibit "E." COUNT I - BREACH OF CONTRACT 25. The averments of Paragraphs 1 through and including 24 hereinabove are incorporated herein by reference thereto. 26. By virtue of the Lease Agreement between Plaintiff and Defendant, Defendant agreed to pay, in full and in a timely manner, the monthly rental payment of $2,600.00. See Exhibit "A," Paragraph No. 4. 27. By virtue of the Lease Agreement between Plaintiff and Defendant, Defendant agreed to pay, in full and in a timely manner, payments of utilities including electric, water and gas to the leased premises. 28. Defendant failed to remit his monthly rental payment for October 2009. 29. To-date, Defendant, despite proper and repeated requests and demands by the Plaintiff, has failed to pay for all utilities provided to the rental property during the term of his tenancy. 30. To-date, Defendant, despite proper and repeated requests and demands by the Plaintiff, has not brought his rental account payments current. WHEREFORE, Plaintiff, 50 Market Street, LLC, demands judgment against Defendant, Emeka Oguejiofor, in the amount of $3,130.00, plus interest, together with the cost of this action, attorney's fees and any other relief deemed just and appropriate. COUNT NO. 2 - BREACH OF CONTRACT'S TERMS & CONDITIONS 31. The averments of Paragraphs 1 through and including 30 hereinabove are incorporated herein by reference thereto. 32. Defendant was obligated to adhere to certain covenants and conditions of the Lease Agreement. 33. Defendant failed to adhere to those covenants and conditions all as set forth in the Lease Agreement and as outlined in the Notice to Quit. See Exhibits "A" and "B." 34. Despite repeated and continual demands for compliance with the Lease Agreement, Defendant has failed to come into compliance. WHEREFORE, Plaintiff, 50 Market Street, LLC, demands judgment against Defendant, Emeka Oguejiofor, and possession of the commercial rental property. COUNT NO. 3 - QUANTUM MERIT/IMPLIED CONTRACT 35. The averments of Paragraphs 1 through and including 34 hereinabove are incorporated herein by reference thereto. 36. Pursuant to the request made by the Defendant, Plaintiff provided a commercial rental unit to Defendant. 37. The reasonable and necessary rental charges for said services provided as requested by the Defendant and the cost for unpaid utility services for the benefit of the rental unit are in the total amount of $2,600.00 for rent and $530.00 for unpaid utility bills. 38. To-date, Defendant, despite proper requests and demand by Plaintiff, has not brought his account current. 39. By reason of Defendant's request for provision of the commercial rental unit, Defendant impliedly agreed to pay the reasonable and necessary charges for same pursuant to the terms of the Lease Agreement. WHEREFORE, Plaintiff, 50 Market Street, LLC, demands judgment against Defendant, Emeka Oguejiofor, in the amount of $3,130.00, plus interest, together with the cost of this action, attorney's fees and any other relief deemed just and appropriate. COUNT NO. 4 - UNJUST ENRICHMENT 40. The averments of Paragraphs 1 through and including 39 hereinabove are incorporated herein by reference thereto. 41. Defendant was leased a clean and sanitary commercial unit from Plaintiff as set forth herein. Plaintiff fully and adequately provided the commercial rental unit to Defendant, all as requested by Defendant. 42. As a direct and approximate result of Defendant's refusal to pay the reasonable monthly rental payments in a timely manner and to maintain the commercial rental property in a clean and sanitary condition, from which Defendant benefitted, Defendant has been unjustly enriched in the amount of $3,130.00 WHEREFORE, Plaintiff, 50 Market Street, LLC, demands judgment against Defendant, Emeka Oguejiofor, in the amount of $3,130.00, plus interest, together with the cost of this action, attorney's fees and any other relief deemed just and appropriate. Date: JL g By: Jenni er Hipp, Esquire Pa. I D. No. 86556 Bogar and Hipp Law Offices One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, 50 Market Street, LLC VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. rket Street, LLC Date: tl 1 f,{ ( M ld L. Carter, Jr., Member 50 MARKET STREET, LLC Plaintiff V. EMEKA OGUEJIOFOR Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2009-6654 : CIVIL ACTION - LAW CIVIL TERM CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing COMPLAINT as required by Pa. R.C.P. 237.1 upon the following named individual this day by depositing same in the United States Mail, Certified Mail, Return Receipt Requested, at Shiremanstown, Pennsylvania, addressed as follows: Benjamin L. Cox, Esquire 108 Hamilton Circle Harrisburg, PA 17105 Date: I ? Jennif r B. Hipp, Esquire LEASE AGREEMENT 1. Parties. THIS AGREEMENT, made the 31st day of October, by and between 50 Market Street, LLC, a Pennsylvania General Partnership, (hereinafter called Lessor), of the one part, and_Emeka_Ogue?iofor, 3960 Jonestown Road,. Harrisburg, PA 17109, an individual, (hereinafter called Lessee), of the other part. 2. Premises. WITNESSETH THAT: Lessor does hereby demise and let unto Lessee all that certain approximately 5,564 SF of warehouse/office space located at 50 Market Street, Lemoyne in the County of Cumberland, Commonwealth of Pennsylvania, (see attached site plan, Exhibit "A" and floor plan, Exhibit "C"). 3. Term. For the term of Two (2) years beginning November 7, 2008 and ending November 6, 2010. 4. Minimum Rent. For the minimum annual rental of $31,200.00, lawful money of the United States of America, payable in monthly installments in advance during the said term of this lease, or any renewal hereof, on the 1st day of each. month, rent to begin from the 7th of November, 2008 (the commencement date) the first installment to be pair' at the time of signing this lease. Rental for the years of the lease shall be as follows: Year 1 $2,600.00 / month $31,200.00 / year Year 2 $2,600.00 / month $31,200.001 year Upon the execution of this lease, Lessee will be required to pay Lessor $2,600.00 minus the good faith payment of $500.00 already paid by Lessee to Lessor on 9/29/08 as security ("Security Deposit") for the performance of the terrns hereof by Lessee. If the Lessee defaults with respect to any provisions of this Lease, Lessor may, but shall not be required to, use, apply, or retain all or any part. of this deposit for the payment of rent or any other sum in default, including_reasonable costs and attorney's fees incurred by Lessor to recover possession of the premises. The right of Lessor to apply the Security Deposit as specified shall not be a imitation upon Lessor's right to invoke any other remedy available, or to collect the full amount of rent, costs and damages owed by Lessee. If any portion of the Security Deposit is so used or applied, Lessee shall, upon demand therefore, deposit cash with Lessor in an amount sufficient to restore the Security Deposit to its original amount and Lessee's failure to do so shall constitute a default EXHIBIT A hereunder by Lessee. If Lessee shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit shall be returned to Lessee within thirty (30) calendar days after the expiration of the Lease •, %5' Occucye may occugy said spate on_Oetoberl-008 With no-re ee'due i or`tha-t p=--oessor will u?stantiall,complete the reprove ents-t6 the/? 1Z re`mi-ses re uaxed to 'e made b Lessor ur ant"to Exhibit'l attac Z5i -6ret P. ,.: ,. pxceptar #'ninor p - Ic list i m'bs. C 6. Services. Lessee will provide and pay for trash removal and interior repairs such as minor plumbing, light bulbs and maintenance of the HVAC systems. The HVAC service provider shall be approved by Lessor. Lessee shall be responsible for pumping the holding tank and for maintenance of all equipment located inside the leased premises. Lessor will provide common area exterior maintenance, snow removal, real estate taxes, insurance, and routine repair and maintenance. Lessor shall not be responsible for any damages caused by Lessee. Lessee- shall be responsible for payments of utilities including electric and- oil for heating and air-conditioning (HVAC), as well as all water sewer, and gas to the leased premises.. 7. Place of Payment. All rents shall be payable without prior notice or demand at the office of Lessor: 50 Market Street, LLC c/o Don Carter 10 Drexel Hill Circle New Cumberland, PA 17070 or at such other place as Lessor may from time to time designate by notice in writing. Notices to Lessee shall be sent to, 50 Market Street Wormleysbur PA 17043 or to any other address that Lessee shall so designate in writing to Lessor. 8. Affirmative Covenants of Lessee. a) Lessee covenants and agrees that Lessee will withoat demand, pay the rent and all other charges herein reserved as rent within (5) five days of the due date and at the place that the same are made payable, without fail, and if Lessor shall at any time or times accept said rent or rent charges after the same shall have become due and payable, such acceptance shall not excuse delay upon subsequent occasions, or constitute or be construed as a waiver of any of Lessor's rights. Rental paid after the 5 day grace period shall have a penalty of ten percent (10%) of monthly rent. b) Requirements of Public Authorities. Comply with any requirements of any of the constituted public authorities, and with the terms of any Commonwealth or Federal statute or local ordinance or regulation applicable to Lessee or Lessee's use of the demised premises, and save Lessor harmless from penalties, fines, costs or damages resulting from failure to do so. c) Fire. Use every reasonable precaution against fire. d) Rules and Regulations. Comply with rules and regulations of Lessor promulgated as hereinafter provided. e) Surrender of Possession. Peaceably deliver up and surrender possession of the demised premises to the Lessor at the expiration or sooner termination of this lease, promptly delivering to Lessor at Lessor's office all keys for the demised premises. f) Agency on Removal. The Lessee agrees that if, with the written permission of Lessor, Lessee shall vacate or decide at any time during the term of this lease, or any renewal thereof, to vacate the herein demised premises prior to the expiration of this lease, or any renewal hereof, Lessee will not cause or allow any other agent to represent Lessee in any sub-letting or re-letting of the demised premises other than an agent approved by the Lessor Don Carter. Should Lessee do so or attempt to do so, the Lessor may remove any signs that may be placed on or about the demised premises by such other agent without any liability to Lessor or to said agent, the Lessee assuming all responsibility for such action. Refusal. g) Right of Fist Intentionally Omitted h) Parking. The parties agree that the parking lot shall be for the sole use of customers, clients, employees and guests of tenants. Nothing- in the paragraph shall be construed to require Lessor to monitor or enforce the use of such spaces (see Exhibit «A„) 9. Negative Covenants of Lessee. Lessee covenants and agrees that Lessee will do none of the following things without the consent in writing of Lessor first had and obtained: a) Use of Premises. Occupy the demised premises in any other manner or for any other purpose than. an, office and minor auto repair-and reconditioning_ b) Signs. Place or allow to be placed any stand, booth, sign or show case upon the doorsteps, vestibules or outside walls or pavements or said premises, or paint, place, erect or cause to be painted, placed or erected any sign, projection or devise on or in any part 4 ii of the premises. Lessee shall remove any sign, projection or device painted, placed or erected, if permission has not been granted and restore the walls, etc., to their former conditions, at or prior to the expiration of this lease. In case of the breach of this covenant (in addition to all other remedies given to Lessor in case of breach of any conditions or covenants of this lease) Lessor shall have the privilege of removing said stand, booth, sign showcase, projection or device, and restoring said walls, etc., to their former condition, and Lessee, at Lessor's option, shall be liable to Lessor for any and all expenses so incurred by Lessor. c) Alterations, Improvements. Make any alterations, improvements, or additions to the demised premises, all alterations, improvements, additions or fixtures, whether installed before or after the execution of the lease, shall remain upon the premises at the expiration or sooner determination of this lease and become the property of Lessor, unless Lessor shall, prior to the determination of this lease, have given written notice to Lessee to remove the same, in which event Lessee'will remove such alterations, improvements additions and restore the premises to the same good order and condition in which they now are. Should Lessee fail to do so, Lessor may do so, collecting, at Lessor's option, the cost and expense thereof from Lessee as additional rent. d) Machinery. Use or operate any machinery or equipment that, in Lessor's opinion, is harmful to the building. 10. Lessor's Rights. Lessee covenants and agrees that Lessor shall have the right to do the following things and matters in and about the demised prerises: a) Inspection of Premises-At any time and without notice, Lessor or Lessor's duly authorized agents may go upon and inspect the premises and every part thereof, and/or at Lessor's option to make repairs, alterations and additions to the premises or the building of which the prerruses is a part. Such repairs, alterations or additions shall be made so as to not disturb the ongoing use of the premises by Lessee during normal business hours. b) Rules and Regulations. At any time or times and from time to time such rules and regulations as in Lessor's reasonable judgment may from time to time be necessary for the safety, care and cleanliness of the premises, and for the preservation of good order therein. Such rules and regulations shall, when notice thereof is given to Lessee, form a part of this lease. c) Sale or Rent Sign - To display a "For Sale" sign at any time, and also, after notice from either party of intention to terminate this lease, or at any time within three months prior to the expiration of this lease, a "For Lease" sign, or both "For Lease" and "For Sale" signs; and all of said signs be placed upon such part of the premises as Lessor may elect and may contain such matter as Lessor shall require. Prospective purchasers or tenants authorized by Lessor may inspect the premises at reasonable hours at any time. d) Discontinue Facilities and Service. The Lessor may discontinue all facilities furnished and services rendered, or any of them, by Lessor, not expressly covenanted for herein, it being understood that they constitute no part of the consideration for this lease. 11. Responsibility of Lessor. a) Total Destruction of Premises. In the event that the demised premises is totally destroyed or so damaged by fire or other casualty not occurring through sole fault or gross negligence of the Lessee or those employed by or acting for Lessee, that the same cannot be repaired or restored within a reasonable time, this lease shall absolutely cease and terminate, and the rent shall abate for the balance of the term b) Partial Destruction'of Premises. If the damage caused as above be only partial and such that the premises can be restored to their then condition within a reasonable time, the Lessor may, at Lessor's option, restore the same with reasonable promptness, reserving the right to enter upon the demised premises for that purpose. The Lessor also reserves the right to enter upon the demised premises whenever necessary to repair damage caused by fire or other casualty to the building of which the demised premises is a part, even though the effect of such entry be to render the demised premises or a part thereof untenantable. In either event the rent shall be apportioned and suspended during the time the Lessor is in possession, taking into account the proportion of the demised premises rendered untenantable and the duration of the Lessor's possession. c) Repairs by Lessor. Lessor shall make such election to repair the premises or terminate this lease by giving notice thereof to Lessee at the leased premises within twenty-one days from the day Lessor received notice that the demised premises had been destroyed or damaged by fire or other casualty. d) Damage for Interruption of Use. Lessor shall not be liable for any damage, compensation or claim by reason of inconvenience or annoyance arising from the necessity of repairing any portion of the building, the interruption in the use of the premises, or the termination of this lease by reason of the destruction of the premises. e) Representation of Condition of Premises. The Lessor has let the premises subject to Lessor making all improvements, repairs or renovations as shown on the attached specifications here in after referred to as exhibit (B). f) Zoning. Other than for office use which is already an approved:usa for the premises, it is understood and agreed that the Lessor hereof does not warrant or undertake that the Lessee shall be able to obtain a permit under any Zoning Ordinance or Regulation for such use as Lessee intends to make of the said premises, and nothing in this lease contained shall obligate the Lessor to assist Lessee in obtaining said permits; the Lessee further agrees that in the event a permit cannot be obtained by Lessee under any Zoning Ordinance or Regulation, this lease shall not terminate without Lessor's • +, consent, and the Lessee shall use the premises only in a manner permitted under such Zoning Ordinance or Regulation, except in meeting buildout requirements. 12. Responsibility of Lessee. a) Lessee agrees to relieve the Lessor from all liability by reason of any injury or damage to any person or property in the demised premises, whether belonging to the Lessee or any other person, caused by any fire breakage or leakage in any part or portion of the demised premises, or any part or portion of the building of which the demised premises is a part, or from water, rain or snow that may leak into, issue or flow from any part of the said premises, or of the building of which the demised premises is a part, or from the drains, pipes, or plumbing work of the same, or from any place or quarter. Lessee, at its own cost and expense, shall obtain and keep in force during this Lease a policy or policies of (i) commercial general liability insurance, including personal injury and property damage, in the amount of not less than One Million Dollars ($1,000,000.00) per occurrence, and Five Million Dollars ($5,000,000.00) annual aggregate, and comprehensive automobile liability insurance covering Lessee against any losses arising out of liability for personal injuries or deaths of persons and property damage occurring in or about the Premises. Said policies shall (a) name Lessor as an additional insured; (b) be issued by an insurance company with a Best rating of A-K or better and otherwise reasonably be acceptable to Lessor and licensed to do business in the Commonwealth of Pennsylvania; (c) provide that said insurance shall not be canceled or materially modified unless thirty (30) days' prior written notice shall have been given to Lessor; (d) provide coverage on an occurrence basis; (e) provide coverage for the indemnity obligations of Lessee under this Lease; and (f) otherwise be in such form and include such coverages as Lessor may reasonably require. Said policy or policies or, at Lessor's option, Certificate of Insurance on the so-called "ACORD" Form 27 evidencing said policies, shall be delivered to Lessor by Lessee before October 15, 2008 and renewals thereof shall be delivered at least thirty (30) days prior to the expiration of said insurance. b) Lessee also agrees to relieve the Lessor from all liability by reason of any damage or injury to any person or thing which may arise from or be due to the use, misuse or abuse of all or any of the elevators, hatches, openings, stairways, hallways, of any kind whatsoever, which may exist or hereafter be erected or constructed on the said premises, or from any kind of injury which may arise from any other cause whatsoever on the said premises or the building of which the demised premises is part. 13. Miscellaneous Agreements and Conditions. a) Effect of Repairs on Rental. No contract entered into or that may be subsequently entered into by Lessor with Lessee regarding this Lease Agreement, relative to any alteration, additions as required by any such contract, nor the making by Lessor or Lessor's agents or contractors of such alterations, additions, improvements or repairs shall in any way affect the payment of the rent or said other charges at the. time specified in + " w this lease, except those improvements previously agreed upon to separate the space as sketched. b) Agency. It is hereby expressly agreed and understood that the said Campbell Commercial Real Estate, Inc. is acting as Broker only and shall not in any event be held liable to the Lessor or to Lessee for the fulfillment or non-fulfillment of any of the terms or conditions of this lease, or for any action or proceedings that may be taken by the owner against Lessee, or by Lessee against the owner. 14. Remedies of Lessor. If the Lessee violates or fails to perform or otherwise breaks any covenant or agreement herein contained, or if the Borough of Lemoyne issues an enforcement notice for violation of any Borough rules, regulations and/or Ordinances; and such violation continues for a period of five (5) days after written notice of this violation is received from Lessor or from the Borough. a) The rent for the entire unexpired balance of the term of this lease, as well as all other charges, payments, costs and expenses herein agreed to be paid by the Lessee, shall, in addition to any and all installments of rent already due, be due and payable. b) Re-entry-Re-letting. In case this Lease shall be terminated as aforesaid, then Lessor, may, without notice, re-enter the Leased Premises by aid of legal process and terminate all services. If at any time, the Lease Premises become abandoned, Lessor shall use commercially reasonable efforts to re-let the Leased Premises or any part or parts thereof. Such re-letting may at Lessor's option be for term which is less than or . exceeds the period which would otherwise have constituted the balance of the Term of this Lease, and Lessor may grant concessions or free rent or make improvements or additions to the Leased Premises in order to facilitate a re-letting of the same, so long as Lessor's actions are commercially reasonable: provided, however, that Lessor may, without violating its obligations hereunder, attempt to lease other comparable unleased space prior to attempting to relet the Leased Premises. Lessor shall receive and collect all rents received from such re-letting (during the balance of the Term of this Lease) and shall first apply such rents against the expenses which Lessor may have incurred in recovering possession. of the Leased Premises, placing the sarne in good order and condition for re-letting and such other expenses including attomey's fees and other legal costs which Lessor may have incurred in connection with such repossession, and apply the remaining rental as credits against all rentals due and owing from Lessee to Lessor. The balance, if any, may be retained by Lessor. No such re-entry by Lessor shall be deemed to be an acceptance of surrender by Lessee of this Lease or of the Leased Premises. c) Acceptance of Delinquent Rentals. The acceptance by Lessor of delinquent rentals hereunder with knowledge of a breach by Lessee of any covenant herein or condition broken shall not in and of itself be deemed a waiver of such breach or condition broken, and any pending eviction proceedings or actions for monetary damages may be prosecuted further by Lessee without prejudice based upon this action alone. 15. Heirs and Assignees. All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several and respective heirs, executors, administrators, successors and assigns of said parties; and if there shall be more than one Lessee, they shall all be bound jointly and severally by the terms, covenants and agreements herein, and the word "Lessee" shall be deemed and taken to mean each and every person or party mentioned as a Lessee herein, be the same one or more; and if there shall be more than one Lessee any notice required or permitted by the terms of this lease may be given by or to any one thereof, and shall have the same force and effect as if given by or to all thereof. 16. This lease is made and entered into in the Commonwealth of Pennsylvania, and shall in all respects be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 17) Descriptive Headings. The descriptive headings of the paragraphs of this lease are inserted for convenience only and shall not control or affect the meaning or construction of any of its provisions. IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first above written, and intend to be legally bound thereby. SEALED AND DELIVERED IN THE PRESENC 0,=L ?,? 9 1 . I © - 3t -cog WITNESS 1-10 0-2--7z? t WITNESS WITNESS KII?)- i -0 ? 1"x T SSEE DATE ((C? 43/IC? ] '`; it 0.=y J.. tom/ ? f . ? ? (G C ? Q i W ti' G w if - - ?4 . t G U=' r .7 c? Oct y1 111;? :.> EXHIBIT "B" Scope of Work Below are the specifications for the scope of work to be substantially completed prior to the Commencement Date, November ls` 2008 by Lessor per Paragraph 5 of the lease Agreement: • Drop ceiling to be removed from shop area behind the (3) drive-in doors Gas modine heaters to be installed into shop area only. Oil heat will remain for offices • Bathrooms to be in good working order • General cleaning of office and bathroom areas Lesso ate (z4 i .k e Lessee Date ? i L C L' z t i a J G 0 Z 0 C aN n 9 C N ?p r- U r t y ^ G n o j J H '? Q J G y C ? y y y C i O r NAMES D. B OGAR ATTORNEY AT LAW ONE WEST MAIN STREET SHIREMANSTOWN, PENNSYLVANIA 17011 e-mail mail@bogarlaw.com TELEPHONE (717) 737-8761 JAMES D. BOGAR FACSIMILE JENNIFER B. HIPP* (717) 737-2086 `Also admitted to New Jersey Bar Direct e-mail jhipp@bogarlaw.com NOTICE TO QUIT July 29, 2009 VIA PENNSYLVANIA CONSTABLE SERVICE Emeka Oguejiofor 3960 Jonestown Road Harrisburg, PA 17109 RE: 50 Market Street Lemoyne, Pennsylvania 17043 Dear Mr. Oguejiofor: This correspondence serves as notice to you and all others in possession that you are hereby notified to quit and deliver up the premises you hold as tenant of 50 Market Street, LLC, same being 50 Market Street, Lemoyne, Pennsylvania 17043. You are to deliver up said premises on or within thirty (30) days of receipt of this Notice to Quit. This Notice to Quit is provided due to your forfeiture of the Lease Agreement for your breach of the Lease Agreement's conditions and Affirmative Covenants, as follows: 1. Paragraph No. 2 and Exhibit A - Use of property not included in demised premises. You are parking demolished vehicles on area that is outside the specified leased property. 2. Paragraph No. 6 - Failure to register with water company as account holder and failure to pay water bill. The total outstanding amount due and owing for unpaid water bills is $506. 15. EXHIBIT Emeka Oguejiofor July 29, 2009 Page 2 3. Paragraph No. 8(h) - The parking of junked vehicles with keys located in ignition have led to homeless individuals sleeping in vehicles and poses safety risk as attractive nuisance. 4. Paragraph No. 9(a) - Use of property for purpose not set forth in Lease Agreement. You are using the property as storage/junkyard of completely demolished vehicles. The Lease Agreement specifies that use of the premises shall be for only an office and minor auto repair and reconditioning. 5. Paragraph No. 12(a) - Failure to provide Lessor with proof of insurance. The Lessors have repeatedly requested that you provide proof of insurance. To date, you have failed to comply with this lease condition. We are enclosing a copy of the Lease Agreement. In the event you fail to bring vacate the premises on or before thirty (30) days of receipt of this Notice to Quit, 50 Market Street, LLC, shall immediately take legal action to evict you and to recover all damages due us for the unlawful detention of said premises. Please note that your obligation to make rent payments continues until the date of you vacating the premises. Thank you in advance for your anticipated cooperation. Very truly yours, 9EN I ER B'. HIPP Enclosure cc: 50 Market Street, LLC (w/o enclosure) A i 4 William D. Hesse, /'W' ?,.)I'111151?Ct1N11/N C?~411!?tNUC[' III \\ r?l \i;nn tilrrri I'' I it \IClll;lllll]huf . P\ 17015 -;_' I_' 1717) 790-9020 Certificate of Service I hereby certify that, on July 29, 2009,1 did personally serve upon one Emeka Oquejiofer of 3960 Jonestown Rd. Harrisburg, PA 17109, a "NOTICE TO QUIT" issued by Attorney Jennifer B. Hipp in the matter of real esta e located at the same address. A signed copy of said notice acknowledging receipt is attached. Sig d and Sworn to this Wednesday, July 29, 2009. Ii esse 2577 PA State Certified Constable 411 West Main Street 1St Flr Mechanicsburg, PA 17055-3242 717-790-9626 Office/Home 717-790-0512 Fax 717-226-6261 Cell l1gCLI-itv_ Rc"pccl and S:IlctV I , It h 50 MARKET STREET, LLC. 313 SOUTH FRONT STREET WORMLEYSBURG, PA 17043 TO: COLONIAL AUTO CARE &. SERVICE 3960 JONESTOVGW ROAD HARRISBURG, PA 17110 MORGAN, I FINALLY GOT THE LAST BILL TO AUDIT YOUR ACCOUNT FROM PA. WATER CO. THE FOLLOWING IS WHAT YOU OWE FOR UTILITIES DURING THE TRANSITION PERIOD ' UNTIL YOU TRANSFERRED YOUR NAME ON THE ACCOUNTS. THE TOTAL OF THE AMOUNT YOU OWE IS $422.86. YOU CAN MAIL IT TO THE ABOVE ADDRESS, THANK You.. SINCERELY, DLANE CARTER FREEDMAN, OWNER. EXHIBIT C I ( I 4 50 Market Street,LLC. 313 South Front Street Wormleysburg, Pa. 17043 March 23, 2009 To: Colonial Auto Care & Service 3960 Jonestown. Road Harrisburg, Pa. 17110 Morgan, As per our conversation on Monday the 23rd ofMarch I am sending you a new bill for the utilities at the 50 Market Street location. I got your new check for rent due March, and have deposited said check. I also got a bill for water at the location which is not in your name as of this date.......... you have to put it in your name, it has been to long. Ihave the total which is owed plus the new water bill I paid.... The total of all bills is $435.30. You can make the check out to 50 Market Street, LLC. Mail it to 313 South Market Street, Won- leysburg, Pa. 17043 Please take care of this matter as soon as possible. Sincerely, Diane Carter Freedman Owner EXHIBIT " CADv(MONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-02 MDJ Name: Hon. RONALD J. HORNER Address: 1901 STATE ST CAMP HILL, PA Telephone: (717 761-0583 17011 ATTORNEY FOR PLAINTIFF : JENNIFER B. HIPP 1 W MAIN ST LAW OFCS OF JAMES BOGAR SHIREMANSTOWN, PA 17011-6371 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF''ONRESIDENTIAL LEASE NAME and ADDRESS X50 MARKET ST LLC 700 DREXEL HILLS BLVD NEW CUMBERLAND, PA 17070 L J VS. DEFENDANT: NAME and ADDRESS FOGVZJIOFOR, EMEKA 7 3960 JONESTOWN RD HARRISBURG, PA 17109 L J Docket No.: LT-0000290-09 Date Filed: 9108109 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) 50 MARKET ST LLC Judgment was entered against OGUEJIOFOR, EMSKA in a ® Landlord/Tenant action in the amount of $ 574.72 on 9/24/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 2, 600.00. The total amount of the Securitv Deposit is $_ _ 2,600.00 Total Amount Established by DJ Less. Security Deposit Applied = Adjudicated Amount Rent in Arrears $ 4 73.02 -$ .00= $ 473.02 Physical Damages Leasehold Property $ .00-$ .00= $ .00 Damages/Unjust Detention $ .00 -$ _ 00= $ .00 Less Amt D ue Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ -nn L/T Judgment Amount $ 473.02 ? Judgment Costs $ 101.70 Defendants are jointly and severally liable Attorney Fees $ -01) ? This case dismissed without prejudice. Total Judgment $ 574.72 ® Possession granted. Post Judgment Credits $ Post Judgment Costs $ ? P s i d if i d Certified Judgment Total $ o sess on grante money ju s no sa is ie gment by time o eviction. ? Possession not granted. ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS 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. EXHIBIT t - ? ' - Date o _ Magisterial District Judge cemry tnat tnis is a true and correct copy ortne record of the proceedings containing thejudgment. Date Magisterial District Judge O FILED-OFF-ICE OF THE RP02 'ONOTARY 2009 NOV -4 AM I I * 31 50 MARKET STREET, LLC Plaintiff V. EMEKA OGUEJIOFOR Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2009-6654 : CIVIL ACTION - LAW CIVIL TERM PRAECIPE FOR TERMINATION OF SUPERSEDEAS To: CURTIS R. LONG, Prothonotary One Courthouse Square, Suite 100 Carlisle, Pennsylvania 17013 Please terminate the Supersedeas in the within action for failure of Appellant, Emeka Oguejiofor, to deposit with you, the Honorable Prothonotary of Cumberland County, a sum of money or a bond equal to the lesser of three (3) months rent or the rent actually in arrears on the date of the filing of Defendant's Notice of Appeal as required by Pa. R.C.P.M.D.J. No. 1008. A copy of the Notice of Judgment/Transcript issued by Magisterial District Judge Horner issuing judgment for rent in arrears in the amount of $473.02 is attached hereto and incorporated herein as Exhibit "A." Further, Appellant, Emeka Oguejiofor, has failed to remit the monthly rent in the amount of $2,600.00 for the month of October, 2009. Date: JENNI R IPP, Esquire Pa. I. T No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, 50 MARKET STREET, LLC Upon confirmation of failure of the Appellant to deposit the monthly rent when it became due, the Supersedeas is TERMINATED. Dated: 11 /1116 A 50 MARKET STREET, LLC : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2009-6654 CIVIL ACTION - LAW EMEKA OGUEJIOFOR Defendant CIVIL TERM CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing PRAECIPE FOR TERMINATION OF SUPERSEDEAS as required by Pa. R.C.P. 237.1 upon the following named individual this day by depositing same in the United States Mail, First Class Mail, at Shiremanstown, Pennsylvania, addressed as follows: Benjamin L. Cox, Esquire 108 Hamilton Circle Harrisburg, PA 17105 f Date: CA k-;?A I Jennife B. Hipp, Esquire COMMONWEALTH OF PENNSYLVANIA nni )NTY OP CUMBERLAND Mag. Dist. No.: 09-1-02 MDJ Name: Hon. RONALD J. HORNER Address: 1901 STATE ST CAMP HILL, PA Telephone: (717 761-0583 17011 ATTORNEY FOR PLAINTIFF : JENNIFER B. HIPP 1 N MAIN ST LAN OFCS OF JAMES BOGAR SHIRSMANSTOWN, PA 17011-6371 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) 50 MARKET ST LLC Judgment was entered against OGUEJIOFOR, BMBKA in a ® Landlord/Tenant action in the amount of $ 574.72 on 9/24/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 2.600.00. The total amount of the Security Deposit is $ 2,600.00 Total Amount Established by DJ Less • Security Deposit Applied = Adjudicated Amount Rent in Arrears $ 473.02-$ .00= $ 473.02 Physical Damages Leasehold Property $ .00-$ .00= $ .00 Damages/Unjust Detention $ -00-$ _00-- $ -00 Less Amt Due Defendant from Cross Complaint $ -00 Interest (if provided by lease) $ _ nA UT Judgment Amount $ 473.02 Judgment Costs $ 101.70 F-1 Defendants are jointly and severally liable Attorney Fees $ _nn ? This case dismissed without prejudice. Total Judgment $ 574.72 ® Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ F-1 Possession granted if money judgment is no sa isle by time o eviction. F-1 Possession not granted. ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS 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. Date that this is a ti Date correct copy nA,, --m jccinn ovnircc firc+ AAnnrlw of lonr rani EXHIBIT fi?ie I n?wNOTICE OF JUDGMENT/TRANSCRIPT Magisterial District Judge e proceedings containing t e.j_ gment. Magisterial District Judge FNONRESIDENTIAL LEASE PLAINTIF NAME and ADDRESS F50 MARKET ST LLC 700 DR XEL HILLS BLVD NEW CUMBERLAND, PA 17070 L VS. DEFENDANT: NAME and ADDRESS FOGUEJIOFOR, EMExA 3960 JONESTOWN RD HARRISBURG, PA 17109 L I DocketNo.: LT-0000290-09 Date Filed: 9/08/09 Fil .E-OF"P:',F OF T F t'F ^Iorr?gY 2999 NOY -4 AM 11: 33 ???; QTY