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HomeMy WebLinkAbout10-0395I ?' It David J. Lanza I.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 DAVID A. YOUNG and SALLY ANN YOUNG Plaintiffs V. CARING HANDS CHIROPRACTIC WELLNESS CENTER INC., and KRISTEN KERR, D.C., Defendants CONFESSION OF JUDGMENT IN EJECTMENT CIVIL ACTION - LAW IN EJECTMENT Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess Judgment in ejectment in favor of Plaintiff and against the Defendant for possession of the real property situate at 6 Kacey Court, Upper Allen Township, Unit # 201, Cumberland County, Pennsylvania. Respectfully submitted, :131-6 91 17 'AR 2010 JAN 15 PH rr - 17 C ` ' V p( IN THE COURTrQF ql llQK,PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Ib 3q5 Ctvi1- erm 'U k David J. Lanza Attorney I . D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiffs -*I+.oo PO anY C((* ((4S9 9Ne'l a.5 40.5o IPQ ArN 1457 a uo3(&8 0 A(e. ua 1k t David J. Lanza I.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 DAVID A. YOUNG and SALLY ANN YOUNG Plaintiffs V. CARING HANDS CHIROPRACTIC WELLNESS CENTER INC., and KRISTEN KERR, D.C., Defendants CONFESSION OF JUDGMENT FOR MONEY DAMAGES CIVIL ACTION - LAW IN EJECTMENT Pursuant to the Authority contained in the Warrant of Attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of Plaintiffs and against the Defendants as follows: Unpaid rent from September 2009 through October 2011 $ 23,355.67 Late Fees $ 129.33 Attorney fees $ 2,348.50 TOTAL $ 25, 833.50 Respectfully submitted, 'P// 12=1 David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 3y14 4-01 131-6 4. David J. Lanza I.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 DAVID A. YOUNG and SALLY ANN YOUNG Plaintiffs V. CARING HANDS CHIROPRACTIC WELLNESS CENTER INC., and KRISTEN KERR, D.C., Defendants CIVIL ACTION - LAW IN EJECTMENT COMPLAINT PURSUANT TO Pa.R.C.P. 2951(b) and Pa.R.C.P. 2971(a) FOR CONFESSION OF JUDGMENT FOR MONEY DAMAGES AND POSSESSION AND NOW, this t d- ay of JANUARY 2010, come the Plaintiffs, David A. Young and Sally Ann Young, by and through their undersigned attorney, David J. Lanza, and file this Complaint, and in support thereof aver as follows: 1. The Plaintiffs, David A. Young and Sally Ann Young, are adult individuals with offices and a principal place of business at 605 Range End Road, Dillsburg, Pennsylvania 17019, and are the owners of the premises at issue. 2. The Defendant, CARING HANDS CHIROPRACTIC WELLNESS CENTER, ("Caring Hands") is a business entity of undetermined nature with a place of business at 6 Kacey Court, Unit # 201, Upper Allen Township, Cumberland County, Pennsylvania. 3. The Defendant, Kristen Kerr, ("Kerr') is an adult individual with a place of business at 6 Kacey Court, Unit # 201, Upper Allen Township, Cumberland County, Pennsylvania. 4. On September 18th, 2008, Plaintiff's predecessor and Defendants entered into a Commercial Lease ("Lease") for the premises located at 6 Kacey Court, Unit # 201, Upper Allen Township, Cumberland County, Pennsylvania, a true and correct copy of which is attached hereto as Exhibit "A." Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 395 c.v; I 5. Said Lease has not been assigned by Plaintiff. 1 6. No judgment on the Lease has been entered in any jurisdiction. 7. The aforesaid Lease requires Defendants to pay unto Plaintiffs the sum of $10,345.50 per year (in equal monthly installments of $862.13) from November 1, 2008 through October 31, 2009, with subsequent annual increases of 3% through October 2011 as set forth in Exhibit "A." 8. Defendants have failed to make the monthly payments for September and October 2009 or any point thereafter. 9. Defendant's rental payments were late for the months of March, July and August 2009, thus resulting in late fees of $129.33. 10. As a result of Defendant's failure to make the monthly rental payments, the remaining monthly payments (through October 31, 2011) have become immediately due and payable. 11. The unpaid rent through the remainder of the term equals $ 23,355.67. 12. Pursuant to the aforesaid Lease, Defendants are required to reimburse Plaintiff for attorneys fees of 10% of the balance due. 13. There is justly due and owing to the Plaintiff from the Defendant on account of the aforesaid breach the sum of $25,833.50, calculated as follows: Unpaid rent from September 2009 through October 2011 $ 23,355.67 Late Fees $ 129.33 Attorney fees $ 2,348.50 TOTAL $ 25, 833.50 14. Plaintiffs have demanded payment from the Defendants, but Defendants have neglected and refused, and continues to neglect and refuse, to pay the same or any part thereof. 15. Plaintiffs are entitled to immediate possession of the leased premises at 6 Kacey Court, Upper Allen Township, Unit # 201, Cumberland County, Pennsylvania. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $25,833.50, plus such additional sums as the Court determines are due and owing, including additional attorney fees, plus possession of the real estate situate at 6 Kacey Court, Unit # 201, Upper Allen Township, Cumberland County, Pennsylvania. Respectfully submitted, BY: il David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiffs 131-6 VERIFICATION I, David Young, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. rZvly f c Date: 1 (/ By: !l. David Young Caring Hands Chiropractic Wellness Center Inc. 6 Kacey Court, Mechanicsburg, PA TERM: 9/19/08 to 10/31 /111 COMMERCIAL LEASE THIS LEASE, entered into this day of September, 2008 by and between Jolene M. Cocciardl, 599 Allen Grange Court, Mechanicsburg, Pennsylvania 17055 (collectively "Landlord"), AND Caring Hands Chiropractic Wellness Center Inc. and Kristen Kerr, D.C. (collectively, "Tenant"). NOW, THEREFORE, in consideration of the premises, the mutual terms, covenants and conditions herein contained, and the rent reserved to be paid by Tenant to Landlord, the parties hereto, intending to be legally bound, do hereby agree and covenant as follows: 1. PREMISES. Landlord leases to Tenant and Tenant leases from Landlord 6 Kacey Court, Upper Allen Township, Cumberland County, Pennsylvania (the "Premises") composed of approximately 627 ft2 (Suite #201). In addition, Tenant shall have the nonexclusive right to use, on a first come first serve basis, the parking area located adjacent to the Premises. 2. TERM AND RENEWAL OPTION. The term shall commence on November 1, 2008 (the "Commencement Date") and shall expire on October 31, 2011. Landlord grants Tenant an option to renew this Lease for two, three year terms. Each renewal shall be on the terms and conditions set forth herein, except as to rent, which shall be mutually agreed by the parties. Tenant must provide Landlord 120 days written notice of Tenant's intent to renew. Upon the expiration of the original or any subsequent renewals, the Lease, at the option of the Landlord, shall continue on a month-to-month basis provided that either Landlord or Tenant may terminate the Lease 8 upon sixty (60) days written notice to the other. 3. POSSESSION. Possession of the Premises shall bdogelivered to I In Tenant upon the payment required by paragraph 2, the first month's rent 1 ?l ? d i T aged L60I26bGIG DWI 03MU-1 cZ:91 OTOZ isT Uer I , and the security deposit required by paragraph 7. Landlord and Tenant agree that Tenant shall have possession from the date of execution of this Lease until October 31, 2008, without the payment of rent, but subject to all other terms and conditions of this Lease. 4. USE. The Premises shall be used by Tenant primarily for a chiropractic office. 5. RENTAL Tenant shall pay Landlord as minimum rent during the first year of the term of this Lease, the sum of ($10,345.50). The minimum rent shall increase by 3 percent each year. The exact square footage content is not warranted despite the fact that the rental fees are calculated on a square footage basis. Tenant accepts the Premises and agrees to the rental herein provided. All rent and security deposits shall be payable in advance by the tenant. 5.1. ADDITIONAL RENT. Intentionally left blank. 6- LATE CHARGE. If Tenant fails to make any rental or other payment within ten (10) days of the date it is due hereunder, a late charge equal to five percent (5%) of the amount of the payment due shall be assessed and shall be immediately due and collectible as additional rent hereunder. 7. SECURITY DEPOSIT. On execution of this Lease, Tenant shall deposit with Landlord $862.13 as a security deposit for the performance by Tenant of the provisions of this Lease. If Tenant is in default, Landlord can use the security deposit, or any portion of it, to cure the default or to compensate Landlord for damage sustained by Landlord resulting from Tenant's default. Tenant shall immediately on.demand pay to Landlord a sum equal to the portion of the security deposit expended or applied by Landlord as provided in this paragraph so as to maintain the security deposit in the sum initially deposited with Landlord. If Tenant is not In default at the expiration or termination of this Lease, Landlord shall return the security deposit to Tenant. Landlord's obligations with respect to the security deposit are those of a debtor and not a trustee. Landlord can maintain the security deposit separate and apart from Landlord's general funds or can commingle the security deposit with Landlord's general and other funds. Landlord shall not be required to pay Tenant interest on the security deposit. This paragraph shall not be deemed to restrict Landlord's 2 a aged G60TZE?,GTG DWI 03Md1 EZ:9T OTOZ iPT Uer s > rights solely to the security deposit in the event of Tenant default(s), and all other rights and remedies are hereby reserved by Landlord. S. UTILITIES AND SERVICES. Landlord shall pay and fully discharge the sewer, water, electric, heat, air conditioning and trash. Tenant shall make arrangements for and pay for all other utilities and services furnished to or used by it, including without limitation, telephone service, TV cable, satellite service, gas and for all connection charges. Tenant shall be responsible for janitorial service. 9. REAL ESTATE TAXES AND ASSESSMENTS. Landlord shall pay and fully discharge all real property taxes and assessments. 10. COMPLIANCE WITH LAWS. Tenant shall comply with all federal, state and local laws, statutes, ordinances, rules, regulations, orders and requirements relative to the Tenant's use and occupancy of the Premises. Tenant further agrees to permit nothing to be done in, on or concerning the Premises which would invalidate, conflict with or increase the premiums for the fire, casualty or liability insurance covering the Premises. 10.1. SMOKE-FREE BUILDING. Landlord and Tenant agree that it is in the best interest of the parties, their employees and the public to provide a smoke-free environment. Landlord and Tenant shall use their best efforts to enforce a smoke-free environment including, but not limited to, discouraging the public from smoking on the premises, signage and other reasonable actions to maintain a smoke-free building. 10.2 NON STANDARD TENANT IMPROVEMENTS. Intentionally left blank. 11. MAINTENANCE. Tenant at its cost shall maintain the Premises and any fixtures, machinery or equipment therein, in good condition. Landlord shall not have any responsibility to maintain the Premises except for exterior appearance, building structure, lawn maintenance, snow removal in the parking area adjacent to the Premises, and major systems repairs such as repairs to the heating or central air conditioning systems. The term "major system repairs" as used herein shall mean a repair to a major mechanical or structural system exceeding a cost of Two Hundred Fifty ($250.00) Dollars_ Landlord shall not provide janitorial services. However, Tenant shall, at its own expense, maintain the Premises in a neat and orderly fashion. 3 c abed L60I26irLIL 0WI 00MU-1 ca=91 moo bI Uer i , Upon expiration or termination of the term. Tenant shall yield up the Premises to Landlord in as good condition and repair as existing on the commencement of the term, ordinary wear and tear alone excepted. 12. STRUCTURAL ALTERATIONS. Tenant shall not make any structural or exterior alterations to the Premises without Landlord's prior written consent. 13. NONSTRUCTURAL ALTERATIONS. Except as provided in paragraph 10.2, Tenant at Its cost after obtaining Landlord's written consent, may make nonstructural alterations to the interior of the Premises and may place and attach such equipment, machinery and fixtures therein as Tenant requires in order to conduct its business on the Premises. 14. MECHANICS' LIENS. Tenant will not permit any mechanics' claim or Ken to be placed upon the Premises or any building or improvement constituting a part thereof during the term, and in case of the filing of any such claim or lien, Tenant will promptly discharge some or procure a lien release bond by a good and sufficient surety corporation in an amount equal to one and one-half times the amount of the claim or lien. 15. SIGNAGE. Landlord shall provide Tenant a single exterior sign which shall be used in common with other tenants of the building and appropriate signage in the interior of the building to designate the Tenant's location. No other signs shall be allowed without the Landlord's prior written consent. 15.1 MAILBOXES. Landlord shall provide a cluster mailbox, the location of which shall be placed at Landlord's discretion. 16. INDEMNITY AND EXCULPATION; INSURANCE. A. Exculpation of Landlord. Landlord shall not be liable to Tenant for any damage to Tenant or Tenant's property from any cause, including any defective condition of any part of the Premises, whether or not such condition existed prior to the date of this Lease. Tenant waives all claims against Landlord for damage to person or property arising for any reason, except that Landlord shall be liable to Tenant for damage to Tenant resulting from the negligent acts or omissions of Landlord or its authorized representatives. 4 ?, a2ed L60 T ZEPL T L 3W I 00mdl 62:91 0102 -kT Uer B. Indemnity. Tenant shall hold Landlord harmless from ail damages arising out of any damage to any person or property occurring on the Premises, except that Landlord shall be liable to Tenant for damage resulting from the acts or omissions of Landlord or its authorized representatives. Landlord shall hold Tenant harmless from all damages arising out of any such damage. A party's obligation under this paragraph to indemnify and hold the other party harmless shall be limited to the sum that exceeds the amount of insurance proceeds, if any, received by the party being indemnified. C. Insurance. Tenant shall obtain and submit to the Landlord insurance policies (or certificates) for $1,000,000.00 public liability and $200,000.00 for property damage, fire and casualty (commonly known as "Renters Insurance") insurance in form satisfactory to Landlord. Tenant shall keep such insurance in effect during the term of this Lease. Tenant shall cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by any policy. Neither party shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by this Lease. All insurance required under this Lease shall: (i) Insure performance by Tenant of the indemnity provisions of subparagraph B above, name both portiets as coinsureds, and contain a cross liability endorsement. (ii) Be issued by a reputable insurance company authorized to do business in the Commonwealth of Pennsylvania. (ur) Contain an endorsement requiring thirty (30) days' written notice from the insurance company to both parties before cancellation or change in the coverage, scope, or amount of any policy. 5 g aged L6010E1?LTL OWI 03mul Ea=9T 0102 bT Uer 1 (iv) Each policy, together with evidence of payment of premiums, shall be deposited with the Landlord at the commencement of the term, and on renewal of the policy not less than twenty (20) days before the expiration of the term of the policy. (v) Contain a provision that no act or omission of Tenant shall affect the obligation of the insurer to pay the full amount of any loss sustained with respect to any policy upon which Landlord is a named insured. 17. DESTRUCTION AND RESTORATION. If the Premises are destroyed or damaged by fire, or other casualty to the extent that they are untenable in whole or in part, then Landlord may, at Landlord's option proceed to rebuild and restore the Premises, provided that within thirty (30) days after such damage or destruction Landlord shall in writing notify Tenant of Landlord's intention to do so, and during the period of such rebuilding or restoration, the rent shall be abated in the same ratio as the square footage in the portion of the Premises rendered untenable shall bear to the total square footage in the Premises. If Landlord shall reasonably determine that such destruction or damage cannot be repaired within one hundred eighty (180) days from the date of notice, it shall so notify Tenant within thirty (30) days. In such event, either Landlord or Tenant may within ten (10) days. after such notice, terminate this Lease. If neither party terminates the Lease during the ten (10) day period, this Lease shall remain in effect and Landlord shall diligently proceed to repair or reconstruct the Premises and the rent shall be abated as set forth above. 18. CONDEMNATION. If the whole or any part of the Premises shall be taken under power of eminent domain or like power, or sold under eminent threat thereof to any public authority or private entity having such power, this Lease shall terminate as to the part of the Premises so taken or sold, effective as of the date possession is required to be delivered to such authority or entity. Rent for the remaining term shall be reduced in the proportion that the total square footage of the Premises is reduced by the taking. If a partial taking or sale (i) substantially reduces the area of the Premises resulting in the inability of Tenant to use the_ Premises for Tenant's business purposes, or (ii) renders the building commercially non-viable to Landlord (in Landlord's sole judgment), Tenant in the case of (1) and Landlord in the case of {ii) may terminate this Lease by notice to the other party within thirty (30) days after the terminating party received written notice of the portion to be taken or sold, to be effective one hundred twenty (120) days thereafter or when 6 9 ailed L60I ZEiPL I L DWI 03MU-1 E2:91 0102 *11 Uer ?f f ? the portion is taken or sold, which ever is sooner. All condemnation awards and similar payments shall be paid and belong to Landlord, except any amount separately awarded and paid specifically to Tenant. 19. ENVIRONMENTAL MATTERS. Tenant hereby agrees to indemnify, to defend and to hold harmless Landlord of, from and against any and all expenses, loss or liability due to Tenant and suffered by state and federal environmental statutes ("Environmental Statutes") or failure to properly handle hazardous substances, including but not limited to: (1) Any and all expenses that Landlord may incur in complying with any Environmental Statutes; (2) Any and all costs that Landlord may incur in in studying or remedying any contamination of the Premises caused by Tenant; (3) Any and all fines, penalties, or other sanctions assessed upon Landlord by reason of failure of Tenant to have complied with Environmental Statutes. (4) Any and all loss of value of the Premises by reason of: (1) Tenant's failure to comply with Environmental Statutes; (ii) The presence on the Premises of any hazardous substances; and (u) Any and all legal and professional fees and costs incurred by Landlord in connection with the foregoing. For the purposes of this paragraph "hazardous substances" shall mean "hazardous substances" as defined pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S. C. §§9601-9657, as amended by the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499, 100 $tat. 1613 (Oct. 17, 1986), "Regulated substances" within the meaning of subtitle I of the Resource Conservation and Recovery Act, 42 U.S. C. §§6991-6991i, as amended by the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613 (Oct. 17, 1986), "hazardous waste" as defined pursuant to the Pennsylvania Solid Waste Management Act, Pa. Stat. Ann. Tit. 35 Pa. C.S.A. §§6018.101 to .1003, or any other substances which may be the subject of liability pursuant to Sections 316 7 L aged L60IZEtILIL DWI OOmul E2:9I 0102 irI uer or 401 of the Pennsylvania Clean Streams Law, Pa. Stat. Ann. Tit. 35 Pa. C.S.A. §§691.1 to .1001. 20. ASSIGNMENT AND SUBLETTING. Tenant shall not assign or sublet all or any part of this Lease or the Premises, without the 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. Notwithstanding any subletting or assigning, Tenant shall remain obligated to Landlord for the full and faithful performance of all terms and conditions of this Lease. 21. TRANSFER BY LANDLORD. The interest of the Landlord herein may be assigned-in whole and also in one or more parts. In the case of any such assignment the Landlord shall advise the Tenant of the name or names of the assignee or assignees, and Landlord shall have no liability hereunder from and after the effective date of any such assignment, except for obligations which may have theretofore accrued. 22. QUILT ENJOYMENT. Landlord covenants to allow Tenant quietly and peaceably to enjoy possession of the Premises free from interference or interruption of Landlord or any other person claiming under or through Landlord, and Landlord represents to Tenant that it has a sufficient ownership interest in the Premises to enter into and carry out the provisions of this Lease. 23. ACCESS TO PREMISES. Tenant will allow Landlord tree access to the Premises in the event of an emergency and during normal business hours for the purpose of examining or exhibiting the same, or for any other proper purpose, and will allow to have placed upon the Premises, at any time, "For Sale" signs, and during the last six (6) months of the term of this Lease, "For Rent" signs, and will not interfere with the some. 24. NONLIABIWY OF LANDLORD. Landlord shall not be liable for any damage occasioned by failure of the Premises to be in repair, nor for any damage done or occasioned by or from plumbing, gas, water, sprinkler, steam or other pipes or sewerage, or the bursting, leaking or running of any tank, washstand, water closet or waste pipe in, above, upon or about the Premises or improvements constituting a part thereof, nor for any damage occasioned by water, snow or ice being upon or coming through the roof, skylights, trap door or otherwise. 25. BANKRUPTCY OR INSOLVENCY. If any transfer of Tenant's- interest in the Premises created by this Lease shall be made under execution or similar legal process, or if a petition is filed by or against 8 g aged L60I2EbLIL 0NI 03MY-1 *,2:91 OIOZ *I Uer Tenant to adjudicate Tenant a bankrupt or insolvent under any Federal or State law, or if a receiver or trustee shall be appointed for Tenant's business or property and such appointment is not vacated within ten (10) days, or if a petition or answer is filed by or against Tenant under any provision of Federal or State law seeking a reorganization of Tenant or an arrangement with its creditors, or if Tenant makes an assignment or deed of trust for the benefit of its creditors, or if in any other manner Tenant's interest under this Lease shall pass to another by operation of law, then, in any of said events, Tenant shall be deemed to have committed a material breach of this Lease and an Event of Default, and Landlord may at its option, exercise its remedies under this Lease without prior notice or opportunity to cure. 26. NOTICES. All notices or other communications pursuant hereto to any party shall be In writing and shall be deemed given when delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the parties at the addresses set out below, or at such other address as provided for by a notice complying with this paragraph: If to Landlord: If to Tenant: 27. DEFAULT. A. Tenant's Default. Jolene M. Cocciardi 4 Kocey Court Mechanicsburg, PA 17055-5596 At the Premises. The occurrence of any of the following shall constitute an Event of Default by Tenant: (i) Failure to pay rent or any other sum of money (including deposits) when due, if the failure continues for five (5) days after notice has been given to Tenant. (u) Abandonment and vacation of the Premises (failure to occupy and operate the Premises for thirty (30) consecutive days shall be deemed an abandonment and vacation). (iii) Failure to perform any other provision of this Lease if the failure to perform is not cured within thirty (30) days after notice has been given to Tenant. If the default cannot reasonably be cured 9 g aged L60IZEbLIL OWI OOmul -a:91 OIOZ bI Uer ?R within thirty (30) days, Tenant shall not be in default of this Lease If Tenant commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default; provided, however, that Landlord's interests in the Premises are not prejudiced in the interim. Notices given under this paragraph shall specify the alleged default, and shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time. No such notice shall be deemed a forfeiture or a termination of this Lease unless Landlord so elects in the notice. B. Landlord's Remedies. Upon the occurrence of an Event of Default by the Tenant, in addition to any other rights or remedies that Landlord may have under this Lease or at law or in equity, Tenant covenants and agrees that Landlord shall have the following rights: (i) To accelerate the rent for the balance of the term of the Lease at the rate set forth therein, as well as all other charges, payments, costs and expenses herein agreed to be paid by Tenant, and any rent or other charges, payments, costs and expenses if so accelerated shall, in addition to any and all installments of rent already due and payable and in arrears, and/or any other charge or payment herein reserved, included or agreed to be treated or collected as rent and/or any other charge, expense or cost herein agreed to be paid by Tenant which may be due and payable in arrears,-be deemed due and payable as if, by the terms and provisions of this Lease, such accelerated rent and other charges, payments, costs and expenses were on that date payable in advance. (u) To enter the Premises and without further demand or notice proceed to distress and sale of the goods, chattels and personal property there found, to levy the rent and/or other charges herein payable as rent, and Tenant shall pay all costs and officers' commissions, including watchmen's wages and sums chargeable to Landlord, and further including the five (5%) percent chargeable by the Act of Assembly as commissions to the constable or other person making the levy and in such case all costs, officers' commissions and other charges shall immediately attach and become part of the claim of Landlord for rent, and any io 01 02ed G60T2EbGTG OWI 03Md1 bZ=91 O10Z irT Uer w A tender of rent without said costs, commissions and charges made, after the issuance of a warrant of distress, shall not be sufficient to satisfy the claim of Landlord. (iii) To reenter the Premises and remove all persons and all or any property therefrom either by summary dispossess . Proceedings or by any suitable action or proceeding at law, without being liable to indictment, therefore, and repossess and enjoy the Prem ses t gether damages additions, alterations and improvements. Upon recovering with all possession of the Premises by reason of or based upon or arising out of a default on the part of Tenant, Landlord may, at Landlords option, either terminate this Lease or make such alterations and repairs as may be necessary in order to relet and/or operate the Premises or any part or parts thereof, either in Landlord's name or otherwise, for a term or terms which may at Landlord's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and other terms and conditions as in Landlord's sole discretion may seem advisable and to such person or persons as m best; aY in Landlord's discretion seem upon each such reletting all rents received by Landlord from such reletting shall be applied: first, to the payment of any costs and expenses of such reletting, including brokerage fees and attorney's fees and all costs of such alterations and repairs; second, to the payment of rent due and unpaid hereunder, and third, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; and the residue, Landlord and applied in payment of fit any uture, rent aas It may become due and payable hereunder. If such rentals received from such reletting during any month shall be less than that to be paid during that month by Tenant hereunder, Tenant shall deficiency to Landlord. Such deficiency shall bcalculated pay any such and paid monthly. No such reentry or talon or the making of alterations and/or improvements thereto or heeS reletting thereof shag be construed as an election on the part of Landlord to terminate this Lease unless written notice of such intention be given to Tenant. Landlord shall in no event be liable in anyway „whatsoever for failure to relet the Premises or, in the event that the Premises or any part or parts thereof are relet, for failure to collect the rent thereof under such reletting. Tenant, for Tenant and Tenant's successors and assigns, hereby irrevocable constitutes and appoints Landlord as their agent to collect the rents due and to become due under all subleases of the Premises or any ports thereof without in any way affecting Tenant's obligation to pay any 11 02ed L60T2E*1LTL 0WI 00Md1 bZ=91 0102 bT Uer r unpaid balance of rent due or to become due hereunder. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. (iv) To cure any default by Tenant at Tenant's cost. If Landlord at any time, by reason of Tenant's default, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the same is paid, and if paid at a later date shall bear interest at the rate of fifteen percent (15%) per annum from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum together with interest on it, shall be additional rent. (v) To terminate this Lease and the term hereby created without any right on the part of Tenant to waive the forfeiture by payment of any sum due or by other performance of any condition, term or covenant broken, whereupon Landlord shall be entitled to recover, In addition to any and all sums and damages for violation of tenant's obligations hereunder in existence at the time of such termination, damages for Tenant's default in on amount equal to the amount of the rent reserved for the balance of the term of this Lease, as well as all other charges, payments costs and expenses herein agreed to be paid by Tenant, less the fair rental value of the Premises for the remainder of said term, all of which amount shall be immediately due and payable from Tenant to Landlord. (vi) If Tenant shall default in the payment of the rent herein reserved or In the payment of any other sums due hereunder by Tenant, Tenant hereby authodzes and empowers any Prothonotary or attorney of any court of record to appear for Tenant in any and all actions which may be brought for sold rent and/or said other sums; and/or to sign for Tenant an agreement for entering in any competent court an amicable action or actions for the recovery of said rental and/or other sums; and in said suits or in said amicable action or actions to confess judgment against Tenant for all or any part of said rental and/or said other sums, including but not limited to the amounts due from Tenant to Landlord under subparagraphs 0), (d). (1), (iv), and/or (v) of this Paragraph; and for Interest and costs, together with an attorney's commission for collection of ten percent (10%). Such authority shad not be exhausted by one exercise thereof, but judgment may be confessed as aforesaid from time to time as often as any of said rental and/or other sums shall fall due or be In arrears, and such powers may be exercised as well 12 21 aged L60 T 264L T L 3W I 03MU1 92:91 0102 irT Uec 0- after the expiration of the initial term of this Lease and/or during any extended or renewal term of this lease and/or after the expiratlion of any extended or renewal term of this lease. (vff) When this Lease and the term or any extension or renewal thereof shall have been terminated on account of any default by Tenant hereunder, and also when the term hereby created or any extension or renewal thereof shall have expired, it shall be lawful for any attorney of any court of record to appear as attorney for Tenant as well as for ail persons claiming by, through or under Tenant, and to sign an agreement for entering in any competent court an amicable action in ejectment against Tenant and all person claiming by, through or under Tenant and therein confess judgment for the recovery by Landlord of possession of the Premises, for which this Lease "shall be sufficient warrant; thereupon, if Landlord so desires, an appropriate writ of possession may issue forthwith, without any prior writ or proceeding whatsoever, and provided that if for any reason after such action shall have been commenced it shall be determined that possession of the Premises remain in or be restored to Tenant, Landlord shall have the right for the some default and upon any subsequent default or defaults, or upon the termination of this Lease or Tenant's right of possession as hereinbefore set forth, to bring one or more further amicable action or actions as hereinbefore set forth to recover possession of the Premises and confess judgment for the recovery of possession of the Premises as hereinbefore provided. (vat) In any amicable action of ejectment and/or for rent and/or other sums brought hereon, Landlord shall first cause to be filed in such action an affidavit made by Landlord or someone acting for Landlord, setting forth the facts necessary to authorize the entry of judgment, of which facts such affidavit shall be prima facie evidence, and if a true copy of this Lease (and of the truth of the copy such affidavit shall be sufficient evidence) shall be flied in such suit, action or actions, it shall not be necessary to file the original as a warrant of attorney, any rule of Court, custom or practice to the contrary notwithstanding. (ix) No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy herein or by law provided but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. 13 El 89ed L60TZEbLIL OWI 03MU-1 92:9T 0102 bT Uer .1? do (x) Tenant hereby waives and releases all errors and defects which may intervene in the Landlord's exercise of any of its remedies hereunder, including the summary remedies; Tenant further waives the right of inquisition on any real estate levied on and Tenant voluntarily condemns the same and consents to an immediate execution upon any judgment obtained by Landlord; Tenant also waives and releases all relief from any and all appraisement, stay or exemption law of any state now in force or hereafter enacted; Tenant waives any notice to quit required by any law now in force or hereafter enacted; and Tenant waives its right to trial by jury. ZS. SUBORDINATION; ATTORNMENT AND CERTIFICATES. This Lease is and shall be subordinate to any existing and all future mortgages placed upon the Premises by Landlord. This clause shall be self operative and no further instrument of subordination shall be required by any mortgagee or trustee. Notwithstanding the foregoing, in confirmation of such subordination, Tenant shaft at Landlord's request promptly execute any requisite or appropriate certificate, subordination agreement or other document. Tenant shall execute and return within ten (10) working days any certificate that Landlord may request from time to time, stating that this Lease is unmodified and in full force and effect, or in full force and effect as modified, and stating the modification. The certificate also shall state the amount of monthly rental and the dates to which the rent has been paid in advance, and the amount of any security deposit or prepaid rent; that there is not present default on the part of Landlord, or attach a memorandum stating any such instance of default; that Tenant has no right to set off and no defense or counterclaim against enforcement of its obligations under the Lease; and that Tenant has no other notice of any sale, transfer or assignment of this Lease or of the rentals. Failure to deliver the certificate within ten (10) working days shall be conclusive upon Tenant for the benefit of Landlord and any successor to Landlord that this Lease is in full force and effect and has not been modified except as may be represented by the party requesting the certificate. If Tenant fails to deliver the certificate within ten (10) working days, Tenant by such failure irrevocably constitutes and appoints Landlord as its special attomey4n- fact to execute and deliver the certificate to any third party. Tenant covenants and agrees to attorn to any purchaser at any foreclosure sale, or to any grantee or transferee designated in any deed given in lieu of foreclosure. 14 bT 02ed G60TactLTG OWI 03MU-1 sa:9T 0T0a bT Uer r 29. WAIVER. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular rent payment involved. Any waiver by Landlord of any default must be in writing and shall not be a waiver of any default concerning the same or any other provision of this Lease. 30. ACCORD AND SATISFACTION. No payment by Tenant or receipt by Landlord of a lesser amount than any payment of rent or other sum herein stipulated shall be deemed to be other than on account of the earliest stipulated rent or other sum then due and payable, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy provided in this Lease, at law or in equity. 31. SURRENDER Of PREMISES. Upon the expiration of this Lease with Tenant in default or earlier termination of this Lease for any reason, all fixtures, equipment, improvements and appurtenances attached to or built into the Premises in such a manner as to become part of the freehold, whether or not by or at the expense of Tenant, shall become and remain a part of and be surrendered with the Premises, except that Landlord may elect to require Tenant, at Tenant's expense, to remove any or all of such fixtures, equipment, improvements and appurtenances, and Tenant shall restore the Premises to as good condition as existed on the Commencement Date. Provided, however, in the event of expiration of the Lease with Tenant not then in default, Tenant shall be permitted to remove its trade fixtures, cabinets, and equipment only from the Premises. Landlord, at Tenant's expense, shall restore the walls and floors from which said items are removed to a condition, which in the sole opinion of the Landlord, is as good a condition as existed on the Commencement Date. 32. HOLDING OVER. If Tenant, with Landlord's consent remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shalt be deemed to be a month-to- month tenancy terminable on sixty (60) days' notice given at any time by either party. All provisions of this Lease except those pertaining to term, 15 G1 aged L60 T ZEbL T L 3W I 00MU1 90:91 0102 t 1i Uer .t? shall apply to the month-to-month tenancy, including a 3% annual rental increase. 33. TIME IS Of THE ESSENCE. Time is of the essence of each provision of this Lease. 34. REAL ESTATE BROKERS. Each party represents that it has not had dealing with any real estate broker, finder, or other person, with respect to this Lease except Landmark Commercial Realty, Inc. Each party shall hold harmless the other party from all damages resulting from any claims that may be asserted against the other party by any broker, finder, or other person, with whom the other party has or purportedly has dealt, except the above-named broker. Landlord shall pay any commissions or fees that are payable to the above-named broker or finder with respect to this Lease. 35. GOVERNING LAW. The construction of this Lease and the rights and remedies of the parties hereto, shall be governed by the law of the Commonwealth of Pennsylvania. 36. AMENDMENTS, ADDITIONS AND CHANGES. No modification, amendment, change or addition to this Lease shall be binding on the parties unless reduced to writing and signed by their authorized representatives. 37. ENTIRE AGREEMENT. This Lease contains the entire understanding between the parties and supersedes any prior written or oral agreement. There are no representations, agreements, arrangements, or understandings oral or written, between and among the parties hereto relating to the subject matter of this Lease which are not fully expressed herein. 38. SEVERABILITY. If any term or provision or portion thereof of this Lease, or application thereof to any person or circumstance be held invalid, the remainder of said term or provision and/or of this Lease shall not be affected thereby; and, to this end, the parties hereto agree that the terms and provisions of this Lease are severable. 39. CONSTRUCTION. Wherever the context so requires, the feminin6 gender shall be substituted for the masculine, the masculine for the feminine or the neuter for either; the singular shall be substituted for the plural and vice verso. Paragraph headings are for convenience only and do not constitute a part of this Lease. The terms "Landlord"and 16 91 abed L6012EirLIL ONI 03MU-1 92=91 010a bT Uer .A Caring Hands Chiropractic Wellness Center Inc. "Tenant" shall mean and include where required by the context, all agents, employees, contractors, successors and assigns of Landlord and Tenant, except where expressly otherwise provided. 40. JOINT AND SEVERAL UABILRY. The liability of Tenant under this lease shall be joint and several. 41. LEGALLY BINDING. Except as herein otherwise specified, this Lease shall legally benefit and bind the parties hereto and their respective successors and assigns. 42. COUNTERPARTS. This Lease may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto with intent to be legally bound hereby have hereunto set their hands and seals the day and year first above written. WITNESS: ATTEST: WITNESS: )ANDLORD.- i Jo nne M. Coccfardi TE NT: By. 'sten C., President TENANT. Crlsten C.,Individually J0e1#6 Kocey Court/Gammercral Lease (Caring Hands Chfrop mcttc) 17 LT aged L60126*,LTL DWI 03mul 9Z:91 OTOZ t1T Uer Ib - acts Avj VS. C In the pp gppmon Pleas of cjWn-Q Fa ,,"q,)p sylvanis No. 20 10 JAH 15 Plti E : jqvil. 19 cutV; J L) 15- e, (,,,-eel l? 1 051- To Prothonotary l'Iol IS" 19 Attorney for Plaintiff No. Term, 19 vs. PRAECIPE Filed 19 Atty. David J. Lanza I.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 DAVID A. YOUNG and SALLY ANN YOUNG Plaintiffs V. CARING HANDS CHIROPRACTIC WELLNESS CENTER INC., and KRISTEN KERR, D.C., NO. 10 -3Q5 CIVIL ACTION - LAW IN EJECTMENT • n``'om NOTICE UNDER RULE 2973.2 - OF JUDGMENT AND EXECUTION - TO: Caring Hands Chriopractic Wellness Center, Inc. Kristen Kerr, D.C.- 6 Kacey Court, Suites 201 Mechanicsburg, Pennsylvania 17055 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Term A judgment for possession of real property has been entered against you and in favor of the Plaintiff without prior notice and hearing based on a confession of judgment contained in a promissory note or other document allegedly executed by you. The Sheriff may remove you from the property at any time after thirty (30) days after the date on which this Notice is served on you. You may have legal rights to defeat the judgment or to prevent your being removed from the property. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT MUST BE FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 131-6 David J. Lanza David J. Lanza I.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 DAVID A. YOUNG and SALLY ANN YOUNG V. Plaintiffs CARING HANDS CHIROPRACTIC WELLNESS CENTER INC., and KRISTEN KERR, D.C., NO. ID-345- l iv< < CIVIL ACTION - LAW T IN EJECTMENT, C7 0 C Q NOTICE UNDER RULE 2958.1 OF `r' JUDGMENT AND EXECUTION THEREON "a TO: Caring Hands Chriopractic Wellness Center, Inc. co Kristen Kerr, D.C. 6 Kacey Court, Suites 201 Mechanicsburg, Pennsylvania 17055 -n --r 0t A judgment in the amount of $25,833.50 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOUR OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 BY: Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 131.6 David J. Lanza David J. Lanza I.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 DAVID A. YOUNG and SALLY ANN YOUNG Plaintiffs V. CARING HANDS CHIROPRACTIC WELLNESS CENTER INC., and KRISTEN KERR, D.C., Defendants TO: Caring Hands Chriopractic Wellness Center, Inc. Kristen Kerr, D.C. 6 Kacey Court, Suites 201 Mechanicsburg, Pennsylvania 17055 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 2,16 0,10-Terk CIVIL ACTION - LAW IN EJECTMENT You are hereby notified that on Jan 15 , 2010, judgment by confession was entered against you in the sum of $25,833.50, and for possession of the real estate at 6 Kacey Court, Suites 201, Mechanicsburg (Upper Allen Twp.), Pennsylvania 17055, in the above-captioned case. DATE: Prothonotary 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. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 1 hereby certify that the following is the address of the Defendants stated in the certificate of residence: Caring Hands Chriopractic Wellness Center, Inc. Kristen Kerr, D.C. 6 Kacey Court, Suites 201 Mechanicsburg, Pennsylvania 17055 klx?_ oAfforney for Plaintiffs 131-6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~~>>ti,, at .::i,nr,cr~T~~~ F~~.~~ '~ ,,: W r~E _~ ~,~ ~LQ~Q~~~ ~~ ~ ~~ J Edward L Schorpp Solicitor . ~ = s,. ,,.~~zt~~ ~, David A. Young vs. Case Number Caring Hands Chiropractic Wellness Center, Inc. 2010-395 SHERIFF'S RETURN OF SERVICE 02/17/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kristen Kerr, D.C., but was unable to locate her in his bailiwick. He therefore returns the within Confession of Judgment in Ejectment, Confession of Judgment for Money Damages, Complaint Pursuant to Pa.R.C.P. 2951(b) and Pa.R.C.P. 2971 (a) for Confession of Judgment for Money Damages and Possession as not found as to the defendant Kristen Kerr, D.C. Request for service at 6 Kacey Court, Unit 201, Mechanicsburg, PA 17055 has a posting on door, "Due to emergency ankle surgery on 8/8/2009, All appointments have been postponed." After several attempts the Confession of Judgment in Ejectment, Confession of Judgment for Money Damages, Complaint Pursuant to Pa.R.C.P. 2951(b) and Pa.R.C.P. 2971 (a) for Confession of Judgment for Money Damages and Possession has expired. 02/17/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Caring Hands Chiropractic Wellness, but was unable to locate them in his bailiwick. He therefore returns the within Confession of Judgment in Ejectment, Confession of Judgment for Money Damages, Complaint Pursuant to Pa.R.C.P. 2951 (b) and Pa. R.C.P. 2971 (a) for Confession of Judgment for Money Damages and Possession as not found as to the defendant Caring Hands Chiropractic Wellness. Request for service at 6 Kacey Court, Unit 201, Mechanicsburg, PA 17055 has a posting on door, "Due to emergency ankle surgery on 8/8/2009, All appointments have been postponed." After several attempts the Confession of Judgment in Ejectment, Confession of Judgment for Money Damages, Complaint Pursuant to Pa.R.C.P. 2951(b) and Pa.R.C.P. 2971 (a) for Confession of Judgment for Money Damages and Possession has expired. SHERIFF COST: $81.44 February 17, 2010 SO AN Nly~ R ANDERSON, SHERIFF {s~ rounty5uitc Sf`er:ff. 7e!aosust. fnc. David J. Lanza I.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 Attorney for Plaintiffs DAVID A. YOUNG and SALLY ANN YOUNG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 10 - 395 Civil Term CIVIL ACTION -LAW v. CARING HANDS CHIROPRACTIC WELLNESS CENTER INC., and KRISTEN KERR, D.C., Defendants IN EJECTMENT PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: 131-6 Please reinstate the Complaint in the above matter. Respectfully submitted, ':1 By: David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiffs ' ' ~~ ~~~ s'° ~ s ~ "` /'~'~ ~ S C ~ U1 z' ~~ ? am- `-.~ -~ ~- ~" t. -.~ ?' R ~~ t _ rJ ~ y+~~ ._._ :~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FlLEI}-t~i"'r'{~E Sheriff 4~ ~ ~~'~~t~ ~~,~~,tr, ai ~~trr~~4r~~~~~ Jody S Smith _ Chief Deputy ,~ -~ ;a~_ ZUIOMIAR -~ AM g: 4 ,_,i~, Edward L Schorpp ~` "~ Solicitor ~Ft ~ F ;` ~"° ...~'~~ CUMR~~t.~k-du ~'C~UN31( Pl~`dlI.ViRI+~A David A. Young Case Number vs. 2010-395 Caring Hands Chiropractic Wellness Center, Inc. (et al.) SHERIFF'S RETURN OF SERVICE 03/01/2010 10:32 AM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on March 1, 2010 at 1032 hours, she served a true copy of the within Confession of Judgment in Ejectment, Confession of Judgment for Money Damages, Complaint Pursuant to Pa.R.C.P. 2951 (b) and Pa. R.C.P. 2971 (a) for Confession of Judgment for Money Damages and Possession, upon the within named defendant, to wit: Caring Hands Chiropractic Wellness, by making known unto Kristen Kerr, D.C., Owner of Caring Hands Chiropractic at 1365 Shuman Avenue, Carlisle, Cumberland County, Pennsylvania 1701c its contents and at the same time handing to her personally the said true a d correct copy of the same. VALERIE WEARY, DEPU 03/01/2010 10:32 AM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on March 1, 2010 at 1032 hours, she served a true copy of the within Confession of Judgment in Ejectment, Confession of Judgment for Money Damages, Complaint Pursuant to Pa.R.C.P. 2951(b) and Pa.R.C.P. 2971 (a) for Confession of Judgment for Money Damages and Possession, upon the within named defendant, to wit: Kristen Kerr, D.C., by making known unto herself personally, at 1365 Shuman Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $49.84 March 02, 2010 1/ ~i(i~-~ V' ~ VALERIE WEARY, DEPUTY SO ANSWERS, ~ -- RON R ANDERSON, SHERIFF (c) GouniySuite Sheriff, TelecSOft. Ii7c.