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HomeMy WebLinkAbout10-2076David J. Lanza LLD. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 1300 MARKET, LLC Plaintiff V. K. JAMESON LAWRENCE, ESQUIRE as agent and managing partner of BVFR & ASSOCIATES, LLC, Defendant CONFESSION OF JUDGMENT FOR MONEY DAMAGES CIVIL ACTION - LAW 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 Plaintiff and against the Defendant as follows: Unpaid rent from March 2010 through December 2011 $ 29,645.00 Late Fees $ 134.75 5% Attorney fees $ 1,488.99 TOTAL $ 31,268.74 Respectfully submitted, 13216-139 s71 ? .2 T-ozo /d flg( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. I6-?076 c.v, David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff td--7, ? d /p,"- "- ` I Ck 0 /yo V ?lw ?-t ci Ac -J t d ,David J. Lanza I.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 1300 MARKET, LLC V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 16-.)0-7 6 c•''. / K. JAMESON LAWRENCE, ESQUIRE as agent and managing partner of BVFR & ASSOCIATES, LLC, Defendant CIVIL ACTION - LAW COMPLAINT PURSUANT TO Pa. R. C. P. 2951(b) FOR CONFESSION OF JUDGMENT FOR MONEY DAMAGES AND NOW, thiszf`day of MARCH 2010, comes the Plaintiff, 1300 MARKET, LLC, by and through its undersigned attorney, David J. Lanza, and files this Complaint, and in support thereof avers as follows: The Plaintiff, 1300 Market, LLC, is a Pennsylvania limited liability company with offices and a principal place of business at 1300 Market Street, Lemoyne, PA 17043, and is the owner of the premises at issue. 2. The Defendant, K. JAMESON LAWRENCE, ESQUIRE as agent and managing partner of BVFR & ASSOCIATES, LLC, ("BVFR") is a business entity of undetermined nature with a place of business at 1300 Market Street, Lemoyne, PA 17043. 3. On March 3`d, 2010, Plaintiff and Defendant entered into a Commercial Lease ("Lease") for the premises consisting of 929 feet of office space located at 1300 Market Street, Lemoyne, PA 17043, a true and correct copy of which is attached hereto as Exhibit "A." 4. Said Lease has not been assigned by Plaintiff. 5. No judgment on the Lease has been entered in any jurisdiction. 6. The aforesaid Lease requires Defendant to pay unto Plaintiff the sum of $1,347.50 per month Attorney for Plaintiff from January 1, 2010 through December 31, 2011. 7. Defendant has failed to make the monthly payments from and after March 2010. 8. As a result of Defendant's failure to make the monthly rental payments, the remaining monthly payments (through December 31, 2011) have become immediately due and payable. 9 10 11 attorneys in the minimum amount of 5% of the balance due. 12. There is justly due and owing to the Plaintiff from the Defendant on account of the aforesaid breach the sum of $31,268.74, calculated as follows: Unpaid rent from March 2010 through December 2011 $ 29,645.00 Late Fees $ 134.75 5% Attorney fees $ 1,488.99 TOTAL $ 31,268.74 13. Plaintiff has demanded payment from the Defendant, but Defendant has neglected and refused, and continues to neglect and refuse, to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $31,268.74, plus such additional sums as the Court determines are due and owing, including additional attorney fees and costs. Respectfully submitted, By: David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff The unpaid rent through the remainder of the term equals $ 29,645.00. Defendant has incurred late fees in the amount of $ 134.75. Pursuant to the aforesaid Lease, Defendants are required to reimburse Plaintiff for Plaintiff's 13216-139 VERIFICATION I, ROBERT HENDRICKS, Property Manager, 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. Date: 3 k:q-Ll Robert Hendricks FAX 717 730 4140 PMI COMMERCIAL LEASE PARTIES la 002/012 r? THIS AGREEMENT OF LEASE, is made this (& day of between 1300 MARKET, LLC ("Lessor" and 1I" JA ' MESON I.,9 WRENCE, ESQUIRE, as agent and managing partner of 0VFR & ASSOCL9TES, LLC (for the purpose of this Lease to be known as "Lessee"). PREMISES WITNESSETH, that Lessor in consideration of the rents and covenants hereinafter mentioned, does demise and lease unto Lessee, all that certain space to be used for professional office purposes, hereinafter referred to as "the Space", and more specifically described as follows: AD1iESS: 1300 Market Street, Lemoyne, Pennsylvania 17043 SQUARE FOOTAGE SUITE FLOOR 929 Rentable 3 First TO HAVE AND TO HOLD, unto Lessee, subject to the conditions of this Lease, for the term beginning January 1, 2010 and ending December 31, 2011. BASE RENT - January 1, 2010 to December 31, 2011. IN CONSIDERATION of which, Lessee agrees to pay to Lessor for the use of the Space, the sum of Sixteen Thousand One Hundred Seventy Dollars and 00/100 Dollars ($16,170,00), to be payable in monthly installments of One Thousand 'T'hree Hundred Forty Seven Dollars and 501100 Dollars ($1,347.50), in advance, on the first day of each calendar month during the period beginning January 1, 2010 and ending December 31, 2011. 02/22/2010 04:55 FAX 7'7 720 4140 ^MI IaOQ3/012 RENTAL ADJUST Each year, Lessee shall pay to Lessor as additional rent, its share of Utility Expenses for the Building over $2.31 per square foot. Each year Lessor shall deliver to Lessee a statement of the utility expenses for the Building for the preceding year, "Utility Expenses" shall be defined as electric, gas, water and sewer. Lessee's share shall be determined by dividing the total utility expenses of the Building by the total square footage (32,418) available for lease in the Building, subtracting $2,31 and multiplying the result by the number of square feet leased by Lessee herein. Lessee shall pay its proportionate share promptly upon receipt of Lessor's statement and invoice for same. LATE CHARGE Any rent not paid within fifteen (15) days of its due date shall be subject to a ten percent (10%) late charge. Payments, when received by Lessor, shall be applied first to delinquent rents and late charges, if any. PLACE OF PAYMENT The rent reserved shall be promptly paid on the several days and times specified herein without deduction or abatement, unless hereinafter provided to the contrary, at the principal office of Lessor or such other address as Lessor may from time to time designate in writing. HOLDING OVER AS RENEWAL A hold over by Lessee beyond the terms of this Lease or any hereinbefore duly authorized additional term, or failure of Lessee to give notice of its intention to vacate the Space at the end of such term at least 120 days prior to such end of term, shall, at the option of Lessor, be deemed a renewal of this Lease on a month-to-month basis, with the renewal being under and subject to all provisions contained in this Lease, with the exception of any provision for the base rental rate. Monthly rent owed to Lessor during any hold over period shall be two hundred percent (2000/9) of the monthly rate upon expiration of the original tern. UTILITIES & SERVICES ETC. Lessor agrees to provide the following: UTILITIES: Electricity (sufficient to provide an adequate and uniform level of illumination, air conditioning, ventilating and air circulating equipment and other building machinery and equipment, heat, and hot and cold water). Heat, ventilation, and air conditioning. Water (hot and cold). 2 03/22/2010 08:56 FAX 717 730 4140 PMI R004072 Public sewer or private septic service (whichever is applicable). Removal and disposal of refuse (with the exception of any refuse which would come under the classification "Biohazard", "Infectious Waste", or "Chemotherapeutic Waste" such as from a medical facility, in which case removal and disposal would be the Lessee's responsibility). ICES: SERVICES: Janitorial service in building common areas and leased premises. Snow Removal (required removal of snow and ice from the pavement(s), driveway(s), and parking area(s), if any). Building Repairs (building standard repairs including the changing of light bulbs and fluorescent tubes, plumbing, electrical repairs to and maintenance of existing systems), Lessee agrees to provide (including but not limited to) the following; Telephone system and service If Lessee desires to introduce computer or telephone wires and instruments, the Lessor will ce pla or direct the placing of same as to where, and how, and to what extent they are to be placed, and without such direction, no boring or cutting for wires will be permitted. The attaching of wires to the outside of the Building is absolutely prohibited. No attachment shall be made to the electrical system of the Building for the running of electric fans or motors, for storing of electricity, or for any other purpose without the written consent of the Lessor. Further, the electricity supplied to the demised premises shall not be used for any other purpose than lighting fluorescent and incandescent lamps, typewriters, calculators, electric clocks, letter folders, dictating equipment, personal computers, and other office equipment that will not require an unusual amount of electricity, without the written consent of Lessor. The Lessor, in all cases, reserves and retains the right to require the placing and using of electrical protecting devices to prevent the transmission of excessive currents of electricity in, to, or through the Building, and to require the changing of wires and their placing and arrangement as the Lessor may deem necessary; and further, to require compliance on the part of all using or seeking access to such wires with such rules as the Lessor may establish relating thereto, and in the event of noncompliance with the requirements and rules, the Lessor shall have the right to immediately cut and prevent the use of such wires. In case the Lessee, in the reasonable judgment of the Lessor, uses electricity in an extravagant or unreasonable manner, said Lessor may require said Lessee to put in a meter or meters and pay for the amount used (if such would occur, the rental payments would be reduced by the amount allocated therein for the costs incident to supplying a reasonable amount of electricity to the demised premises), or in default thereof, the supply to be cut off. 717 730 4140 pMI r?oo3?072 NEGATIVE COVENANTS OF LESSEE (a) Waste, Damage. or Ininrv to Premises., Resto tion No waste, damage, or injury to the Space Shall be committed, and at the end of the term, the Space shall be restored, at the option of the Lessor, to the same condition in which it was at the commencement of the term, and the cost of said restoration shall be paid by Lessee, which cost shall be treated as additional rent due and owing under the terms of this Lease. This paragraph is subject to the exceptions of ordinary wear and tear and unavoidable damage by fire, elements, casualty, or other cause or happening not due to Lessee's negligence. (b) Lawful Possession Fire Precautions Machinery. Weights Lessee shall not carry on any unlawful or immoral business in or about the Space, and shall not carry on any business which will endanger the Building from fire or cause a forfeiture of any fire insurance that Lessor has or may hereinafter have on the Building. Lessee shall use every precaution against fire or activities which would cause a forfeiture of any fire insurance. Lessee shall not operate any machinery or equipment that may be harmful to the Building or disturbing to other occupants of the Building, nor place weights in any portion of the Space beyond the safe carrying capacity of the structure. (c) Si ms Lessee shall not place any signs upon the exterior of the Space nor cause any lettering of any kind whatsoever to be placed upon the outside windows of the Space. Lessee may, however, place a sign upon its door. (d) Alterations and Improvements Lessee shall make no alterations, additions, or improvements in or about the Space without Lessor`s prior written consent. All such work shall be done at such time and in such manner as shall minimize any inconvenience to other occupants of the Building, As a condition precedent to Lessor's consent, Lessee shall deliver to Lessor written plans and specifications for all work and written plans and specifications for all heating, ventilating, and air conditioning alterations and/or improvements. Lessor shall have the right to approve any contractor to be used by Lessee in connection with any approved alterations and/or improvements to the Space. Lessee shall comply with all governmental rules and regulations in connection with such work and shall prevent any lien or obligation from being created against or imposed upon the Building and will discharge all liens and charges for services rendered or materials furnished immediately after said liens occur or such charge becomes due and payable. Any alterations, additions, or improvements made by Lessee and any fixtures installed as part thereof, shall at Lessor's option become the property of Lessor upon the expiration or sooner termination of this Lease; provided, however, that Lessor shall have the right to require Lessee to remove such fixtures or improvements and restore the Space to its original condition at Lessee's cost upon the expiration or sooner termination of this Lease. 4 56 FAX 717 730 4140 °MI fa0061012 (e) Vacation ?M `- Lessee shall neither vacate nor desert the Space during the term of this Lease nor permit same to be empty and unoccupied. (f) Assignine, e% by Lessee Lessee shall not have the privilege of assigning or subletting the Space, or mortgaging any interest it may have by virtue of this Lease, unless the written consent of Lessor is first obtained, such consent to be reasonable and shall not be arbitrarily withheld. LESSOR'S RIGHTS (a) Right of Inevection It is agreed and understood that Lessor, Lessor's duly authorized agents, contractors, and employees may enter the Space at reasonable times during the term for the purpose of inspecting. (b) Rules and R lations Lessor may from time to time establish reasonable rules and regulations for the safety, care, and cleanliness of the Space and the Building, 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. .REMEDIES OF LESSOR If Lessee should remove or prepare to remove, or attempt to remove from the Space before the expiration of the term or at any time during.the continuance of this Lease, or if Lessee shall be in default of any installment of rent for the period of twenty (20) days, or should there be a default in any of the covenants or conditions as herein contained, and should Lessee fail to remedy such default within twenty (20) days of notice, or if Lessee should become insolvent, or make an assignment for the benefit of creditors, or if a petition in bankruptcy is filed by or against Lessee or a Bill of Equity or other proceeding for the appointment ofa receiver for Lessee is filed, or if proceedings for reorganization or for composition with creditors under any state or federal law be instituted by or against Lessee, or if the real or personal property of Lessee shall be sold after levy by any Sheriff, Marshal, or Constable, then in that event, rent for the unexpired portion of the then current term of this Lease, at the rate which is then due and collectible under the terms of this Lease, shall immediately become due and payable and shall be collectible by distraint or otherwise, and Lessor shall have the further right in said event, to forfeit and terminate this Lease; the said forfeiture to be effected by giving notice in writing to Lessee herein or to the person then in charge of the Space. 5 734 4140 ?MI Ia0071012 RESPONSIBILITY OF LESSEE (a) Damages or Injury to Property All damages or injuries done to the Space by Lessee and/or Lessee's customers, clerks, servants, agents, employees, visitors of Lessee, and individuals for whom Lessee is responsible, other than those caused by ordinary wear and tear, shall be repaired by Lessee at its expense. Lessee covenants and agrees to make such repairs upon twenty (20) days' written notice given to Lessee by Lessor, and if Lessee shall neglect to make said repairs or commence to make the same promptly or complete the some within twenty (20) days after receiving such notice, Lessor shall have the right to make such repairs at the expense and cost of Lessee, and the amount thereof may be collected as additional rent accruing for the month following the date of the said repairs, and if said expense is made at the expiration of the term, then the cost so made may be collected by the Lessor as additional rent for the use of the Space during the entire term. (b) Payment of Judg OgL etc. Lessee shall bear, pay, and discharge when and as the same become due and payable all judgments and lawful claims for damages or otherwise against Lessor, arising from Lessee's use or occupancy of the Space and will assume the burden and expense of defending all such suits, whether brought before or after the expiration of this Lease, and will protect, indemnify, and save harmless Lessor, or Lessor's agents, servants, employees, and the public at large. (c) Discharge of Liability In consideration of securing this Lease at the above-stated rent, Lessee does hereby release and discharge the Lessor, its agents, servants, and/or employees, and said Lessor's successors and/or assigns, from any and all liability by reason of any injury, loss, and/or damage to an person and/or property in the demised premises, whether belonging to Lessee or an other caused by any fire, the breaking, bursting stoppage any person, sewer, basin, water closet, steam pipe, and drain in and/or leakage of any riveter pipe, gas pipe, part or portion of the Building of which the S Y part or portion of the Space and/or any pace is a part, and from all liability for any and all injury, loss and/or damage caused by the water, gas, steam, waste, and contents of said water pipes, gas pipes, steam pipes, sewers, basins, water closets, and drains, or from any kind of injury, loss and/or damage which may arise from any other cause on the premises or in the Building. RESPONSIBILITY OF LESSOR (s) Partial or Total Destruction of Property In the event that the Building or the Space shall be totally or substantially damaged by fire or other casualty or happening, this Lease shall not terminate, but in such event Lessor agrees to repair, restore, or rebuild the Space as the case may be, subject to the availability of insurance proceeds, to its condition immediately prior to such damage or destruction with due diligence and within four (4) months after such damage; and in the event that the demised premises cannot be repaired, restored, or rebuilt as aforesaid, within such four (4) months' period, Lessor's sole 6 PMI la 008/012 remedy shall be the right to cancel and terminate this Lease without further liability on the part of either party. The rent payable hereunder shall entirely abate in case the demised premises are substantially destroyed or so damaged as to be rendered untenantable, or abate proportionately according to the extent of the injury or damage sustained by the Space, if it is not substantially destroyed but is rendered partially untenantable, until the Space shall have been restored, repaired, or rebuilt, as the case may be, and put in proper condition for use and occupancy. Lessor agrees to institute such repairs immediately after such damage and to complete the same with due diligence and within a reasonable time- Partial destruction shall be restored within ninety (90) days from the date of destruction, and complete destruction shall be completely rebuilt within 120 days from the date of destruction to the extent feasible. (b) 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 making repairs, alterations, and/or additions to any portion of the Space, the interruption in the use of the Space, or the termination of this Lease by reason of the destruction of the Space. ACCEPTANCE OF NOTICE TQ QUIT; DISPOSSESSION; WAIVER OF REMEDIES BY LESSEE WAIVER OF DEMAND Lessee hereby accepts notice to quit, remove from, and surrender up possession of the Space to Lessor at the expiration of the term hereof, whenever it may be determined. On failure to pay rent due for twenty (20) days, or upon breach of any other condition of this Lease, as possibly modified by the Paragraph entitled "Remedies of Lessor" hereof, despite the distraint, Lessee shall be a nontenant, subject to dispossession by Lessor, without further notice or process of law, with release of error and of damages, and Lessor may reenter the premises and dispossess Lessee without thereby becoming a trespasser. Lessee hereby waives the benefit(s) of all exemption laws of this Commonwealth that are now in force or may hereinafter be in force, or in any action or actions that may accrue on this Lease, and in any distress or distresses that may be made for collection of the whole of said rent, or any part thereof. Lessee also waives the benefit of stay of execution, inquisition, extension, right of appeal, certiorari, and all errors in all proceedings arising out of this Lease. Lessee does also hereby waive any and all demand for payment of the rent herein provided for, either on the day due or on any other day, either on the land itself or in any other place, and agrees that such demand shall not be a condition of reentry or of recovery of possession without legal process or by means of any action or proceeding whatsoever. CONFESSION OF JUDGMENTS (A) CONFESSION OF JunGMENT FOR ENT. TENANT IRREVOCABLY AUTHORIZES AND EMPOWERS THE PROTHONOTARY AND CLERK OR ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR AND CONFESS JUDGMENT AGAINST TENANT FOR SUCH RENT AND OTHER SUMS AS ARE DUE AND/OR MAY BECOME DUE UNDER THIS LEASE, WITHOUT STAY OF EXECUTION AND WITH AN ATTORNEY'S COLLECTION FEE OF FIVE PERCENT (5%) OF THE AMOUNT DUE (BUT NOT LESS THAN $101100.00), WHICH IS REASONABLE AS AN ATTORNEY'S FEE. TO THE EXTENT PERMITTED BY LAW, 7 09:56 FAY, 717 730 14140 °MI la 009/012 TENANT RELEASES ALL ERRORS IN SUCH PROCEEDMGS. IF A VERIFIED COPY OF THIS LEASE IS FILED, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL LEASE. THE AUTHORITY AND POWER TO APPEAR FOR AND CONFESS JUDGMENT AGAINST TENANT SHALL NOT BE EXHAUSTED BY THE INITIAL EXERCISE THEREOF AND MAY BE CONFESSED AS OFTEN AS ANY EVENT OF DEFAULT OCCURS. SUCH AUTHORITY MAY BE EXERCISED DURING OR AFTER THE EXPIRATION OF THE LEASE TERM AND/OR DURING OR AFTER THE EXPIRATION OF ANY EXTENDED OR RENEWAL TERM. (B) CONFESSION OF JUDGMENT FOR POSSESSION. TENANT IRREVOCABLY AUTHORIZES AND EMPOWERS THE PROTHONOTARY AND CLERK OR ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR AND CONFESS JUDGMENT AGAINST TENANT FOR POSSESSION OF THE PREMISES, WITHOUT STAY OF EXECUTION. TO THE EXTENT PERMITTED BY LAW, TENANT RELEASES ALL ERRORS IN SUCH PROCEEDINGS. IF A VERIFIED COPY OF THIS LEASE IS FILED, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL LEASE, THE AUTHORITY AND POWER TO APPEAR FOR AND CONFESS JUDGMENT AGAINST TENANT SHALL NOT BE EXHAUSTED BY THE INITIAL EXERCISE THEREOF AND MAY BE CONFESSED AS OFTEN AS ANY EVENT OF DEFAULT OCCURS. SUCH AUTHORITY MAY BE EXERCISED DURING OR AFTER THE EXPIRATION OF THE TERM AND/OR DURING OR AFTER THE EXPIRATION OF ANY EXTENDED OR RENEWAL TERM. IF SUCH PROCEEDING IS TERMINATED AND POSSESSION OF THE PREMISES REMAINS IN OR IS RESTORED TO TENANT, LANDLORD SHALL HAVE THE RIGHT FOR THE SAME EVENT OF DEFAULT AND UPON ANY SUBSEQUENT EVENT OR EVENTS OF DEFAULT, OR UPON THE TERMINATION OF THIS LEASE UNDER ANY OF THE TERMS OF THIS LEASE, TO BRING ONE OR MORE FURTHER ACTION OR ACTIONS TO RECOVER POSSESSION OF THE PREMISES AND CONFESS JUDGMENT FOR THE RECOVERY OF POSSESSION OF THE PREMISES AS HEREINABOVE PROVIDED. WAIVER OF RIGHTS. IN GRANTING THESE WARRANTS OF ATTORNEY TO CONFESS JUDGMENTS AGAINST TENANT, TENANT HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARIL'Y' AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TENANT HAS OR MAY HAVE TO PRIOR NOTICES AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALT TF PENNS VANIA. By w? Print Name. f r vti.-?,, Title: ?. 8 730 4140 ?MI la 0101012 EJECTMENT At the end of said term, whether the same shall be determined by forfeiture or expiration of the term, or upon the breach of any of the conditions of this Lease, as possibly modified by the Paragraph entitled "Remedies of Lessor" hereof, Lessee authorizes any attorney of a court of record in Pennsylvania to appear for Lessee in an amicable action of ejectment and confess judgment against Lessee in such action and Lessee in such event further authorizes the immediate issuance of a Writ of Possession for the same, with Writ of Execution for the costs, and with reasonable attorney's fees for prosecution of such action. LIABILITY RELIEF Lessee hereby relieves Lessor from all liability by reason of any injury, loss, and/or damage to any person or property in the Space which may arise from or be due to the use, misuse, or abuse of the elevator(s), if any, hatches, openings, stairways, or hallways, that may be (or have been) constructed in the Building, or from any kind of injury, loss, and/or damage which may arise from any other cause on the premises or in the Building. POSSESSION DEFINED Possession of the Space includes the exclusive use of the same, together with the use, in common with any other occupants of the Building, of the hallways, stairs, elevator(s), if any, toilet rooms, parking area, if any, heat, air conditioning, electricity, lighting, and water. REMEDIES CUMULATIVE All remedies of Lessor shall be cumulative and concurrent. CONDEMNATION In the event that the Space or any part thereof is taken or condemned for a public or quasi-public use, this Lease shall, as to the part so taken, terminate as of the date title shall vest in the condemnor, and rent shall abate in proportion to the square feet of leased space taken or condemned or shall cease if the entire Space be so taken. If a part taken substantially and unreasonably interferes with the function and efficiency of Lessee's business, Lessee may terminate this Lease on the remaining portion of the Space by delivering a fifteen (15) day written notice to Lessor. In any event, Lessee waives all claims against Lessor and the condemning authority by reason of the complete or partial taking of the Space. SPACE PREPARATION It is clearly understood that the demised Space shall be rented by the Lessee on an "as is" basis, 730 4140 PMI la 011/012 SUBORDINATION OR SUPERIORITY; ASSIGNMENT BY LESSOR The rights and interests of Lessee under this Lease shall be subject and subordinate to any first mortgage that may be placed upon the Space and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements, and extensions thereof Any mortgagee may elect to give the rights and interest of Lessee under this Lease priority over the lien of its mortgage. In the event of such election and upon notification by such mortgagee to Lessee to that effect, the rights and interests of Lessee under this Lease shall be deemed to have priority over the lien of said mortgage, whether this Lease is dated prior to or subsequent to the date of said mortgage. Lessee shall execute and deliver whatever instruments may be required for such purposes and in the event Lessee fails to do so within ten (10) days after demand in writing, Lessee does hereby make, constitute, and irrevocably appoint Lessor as its attorney-in- fact and in its name, place and stead so to do. Lessor may assign its interest in this Lease or any part thereof, and such assignee shall thereupon be deemed Lessor hereunder. QUIET ENJOYMENT Lessee, upon paying the said rent and performing the covenants of this Lease, on its part to be performed, shall and may peaceably and quietly have, hold, and enjoy the Space for the term aforesaid and any herein duly authorized additional term. ELEVATOR Lessor will have, and keep in operation, an automatic-type passenger elevator and keep the same in good repair; all ordinary cleaning of, and repair to said elevator shall be effected so far as possible, out of business hours, but all extraordinary repairs or improvements rendered necessary by accident or other cause may be made at any time, and in such case, Lessor shall not be responsible for suspension of elevator service, provided such repairs or improvements be made with reasonable diligence. NOTICE OF TERMINATION Anything heretofore notwithstanding, a written notice that Lessee intends to terminate this Lease shall be delivered to Lessor at least 120 days prior to the end of the term of this Lease or Lessee's inaction shall, at the option of Lessor, result in the renewal of this Lease for a further term of thirty (30) days, and so on from month to month and the renewal(s) shall be under and subject to all the provisions as contained in this Lease; provided, however, that such renewal(s) shall be at a rental rate equal to two hundred percent (200%) of the monthly rate upon the expiration of the original term. LEASE CONTAINS ALL AGREEMENTS It is expressly understood by the parties that the whole agreement between them is embodied in this Lease (executed in duplicate or triplicate as the case may be) and that no pat or items are omitted, unless the same be hereinafter modified by written agreement(s). 10 02/22/2010 08:57 FAX 717 720 4140 °MI 0 I6012/01 HEIRS, ETC. This Lease shall be binding upon the parties hereto and their respective successors and/or assigns. IN WITNESS WHEREOF the parties have hereunto set their hands as individuals or the hands and seals of their respective corporation or partnership, hereunto duly authorized, intending fully to be bound thereby. LESSOR: 1300 MARKET, LLC 1 Title: P vv-t S;;? Date: MGU / y v 4 LESSEE: K. JAMESON LAWRENCE, ESQUIRE, as agent and managing partner of BVFR & ASSOCIATES, LLC Title:` Date: a J --JN 11 David J. Lanza I.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 1300 MARKET, LLC V. Plaintiff K. JAMESON LAWRENCE, ESQUIRE as agent and managing partner of BVFR & ASSOCIATES, LLC, NO. Q -- c 7 (o c.-,-" fes.+Y CIVIL ACTION - LAW NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON TO: K. JAMESON LAWRENCE, ESQUIRE as agent and managing partner of BVFR & ASSOCIATES, LLC, 1300 Market Street Lemoyne, Pennsylvania 17043 A judgment in the amount of $31,268.74 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 13216-139 BY: David J. Lanza Attorney for Plaintiff V9( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA a Vh- David J. Lanza I.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 1300 MARKET, LLC V. Plaintiff K. JAMESON LAWRENCE, ESQUIRE as agent and managing partner of BVFR & ASSOCIATES, LLC, Defendant TO: K. JAMESON LAWRENCE, ESQUIRE as agent and managing partner of BVFR & ASSOCIATES, LLC, 1300 Market Street Lemoyne, Pennsylvania 17043 NO. 14_ 9 6 76 C.Y:/ CIVIL ACTION - LAW You are hereby notified that on 2010, judgment by confession was entered against you in the sum of $31,268.74, in the above-captioned case. DATE: ? ?a'rt?ae 9 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 I hereby certify that the following is the address of the Defendants stated in the certificate of residence: K. JAMESON LAWRENCE, ESQUIRE as agent and managing partner of BVFR & ASSOCIATES, LLC, 1300 Market Street Lemoyne, Pennsylvania 17043 I 13216-139 Attorney for Plaintiff Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 3 o APR ~ 9 2010 ~ 1300 MARKET, LLC vs. Plaintiff K. JAMESON LAWRENCE, ESQUIRE, As agent and managing partner of BVFR & ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2076 CIVIL ~ q ` J ~, -, :CIVIL ACTION -LAW -' .z. --~ . _~ ; ~' c,r ~' ,-_ -~. ~ , .. - r.~~a .- r-r~~ • • _, .~0. --- ORDER ~' -~~ AND NOW, this r7 ~ day of I •~ , 2010, upon consideration of the Petition to Strike Off and/or Open Confessed Judgme t and a Stay of Proceedings, it is hereby ORDERED that: (1) a rule is issued upon the respondent to show cause why the Petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within a~ days of this date; (3) the Petition shall be decided pursuant to the applicable rules of Civil Procedure; (4} depositions shall be completed within ~OO days of this notice; 3 (5} argument shall be held on ~ ~" _, 2010, in Courtroom _ __ at m.; and (6) notice of the. entry of this Order shall be provide to all parties by the Petitioner. IT IS FURTHER ORDERED that, except as otherwise stated, all other proceedings. herein, including execution, are STAYED until further Order of this Court. BY CO RT: Distribution: Court Administrators Office hael D. Rentschler, Esquire, 28 N. 32na Street, Camp Hill, PA 17011 /David L. Lanza, Esquire, 2132 Market Street, Camp Hill, PA I7011 1300 MARKET, LL IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. K. JAMESON LAWI ESQUIRE, As agent and managir BVFR & ASSOCIAT NO.2010 - 2076 CIVIL TERM partner of 3, LLC ORDER OF COURT AND NOW, t~is 15TH day of JULY, 2010, the argument scheduled for Thursday, July 22, 2010, is Courtroom # 3. / David J. Lanza, Esqu For the Plaintiff Michael D. Rentschle For the Defendants sld ~p~~ES m r/t4/•v ~~ to MONDAY, JULY 26, 2010, at 3:00 p.m. in ~ r, Esquire a ~*~ s~ `t:J lT ~- -~, _ ~ ~ ~~ .. t-~ c`; R ~ 1300 MARKET, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS K. JAMESON LAWRENCE, ESQUIRE: As agent and managing Partner of BVFR & ASSOCIATES: LLC, Defendants: NO. 2010-2076 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of July, 2010, hearing to resolve any disputed facts is scheduled for July 30, 2010, at 9:30 a.m. The parties are thereafter given 10 days within which to file briefs in support of their respective positions. By Court, Edward E. Guido, J. David J. Lanza, Esquire For the Plaintiff ~chael D. Rentschler, Esquire For the Defendants Court Administrator -. ~ y p,~ ~ 1~ :mlc ~r es rn~c ~.~ ~/zs~iv .. ~ , ~ , `~ ~, r -~: < < __ ,__ m .~ , ~ ~, - ~ ~,~ ` ~ ~: . ~' ~ ~- . 1300 MARKET, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. K. JAMESON LAWRENCE, NO. 2010-2076 CIVIL TERM ESQUIRE, as agent & managing Partner of BVFR & ASSOCIATES, C LLC, Defendant N ORDER OF COURT AND NOW, this 16TH day of AUGUST, 2010, it being clear on its face that 61 K. Jameson Lawrence, Esquire, executed the lease as a representative and on behalf of BVFR & Associates, LLC and not in his individual capacity the judgment entered against him is STRICKEN. The request of BVFR & Associates, LLC to open and/or strike the judgment is DENIED. David J. Lanza, Esquire For the Plaintiff Michael Rentschler, Esquire For the Defendant :sld LCL 'I' ee"Court, It Edward E. Guido, J. 0 3 AUG 2 5 2010 1300 MARKET, LLC : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO. 10-2076 CIVIL K. JAMESON LAWRENCE, ESQUIRE, :CIVIL ACTION - LAW As agent and managing partner of BVFR & : ASSOCIATES, LLC, Defendant AND NOW, this AC-44 ORDER day of 4-11-? , 2010, upon consideration of the Motion for Reconsideration of Order and Request to Remand for Further Proceedings, said DEAJ IE?D Motion is hereby on do, THE COUR: Edward E. Guido, J nbution: d J. Lanza, Esquire, attorney for Plaintiff ?iclhlael D. Rentschler, Esquire, attorney for Defendant i' ro C.- `s N Cll.= fT ?`? .. 57- r 1300 MARKET, LLC : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO. 10-2076 CIVIL -rn . . ? K. JAMESON LAWRENCE, ESQUIRE, :CIVIL ACTION - LAW ' n; ? As agent and managing partner of BVFR & i ASSOCIATES, LLC, Defendant ;. c ORDER FOR TRANSCRIPT A NOTICE OF Appeal having been filed in this matter, the official court reporter is hereby ordered to produce, certify, and file the transcript in this matter in conformity with Rule 1922 of the Pennsylvania Rules of Appellate Procedure Respectfully submitted, Dated: September 15, 2010 Michael D. Rentschler, Esquire 28 N. 32' Street Camp Hill, Pennsylvania 17011 Supreme Court ID # 45836 (717)975-9129 Attorney for Appellant CERTIFICATE OF SERVICE I, Michael D. Rentschler, Esquire, do hereby certify that, on the date stated below, I served a copy of the foregoing Document upon the following by first class mail, postage prepaid and addressed to: The Honorable Edward E. Guido, Judge Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 David J. Lanza, Esquire 2132 Market Street Camp Hill, PA 17011 Date; Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-9129 Supreme Court ID # 45836 1300 MARKET, LLC : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO. 10-2076 CIVIL K. JAM ESON LAWRENCE, ESQUIRE, :CIVIL ACTION - LAW As agent and managing partner of BVFR & ASSOCIATES, LLC, Defendant NOTICE OF APPEAL Notice is hereby given that K Jameson Lawrence, Esquire, as agent and managing partner of BVFR & Associates, LLC, Defendant above named, hereby appeals to the Superior Court of Pennsylvania from the Orders dated August 16, 2010 and August 25, 2010 which entered judgment against BVFR & Associates, LLC in the August 16, 2010 Order, and against BVFR & Associates, LLC, in the August 25, 2010 Order which denied motion for reconsideration. These Orders have been entered in the docket as evidenced by the attached copy of the docket entry. Respectfully submitted, Dated: September 15, 2010 '- =-a° -- - Michael D. Rentschler, Esquire 28 N. 32n° Street Camp Hill, Pennsylvania 17011 Supreme Court ID # 45836 (717)975-9129 C- 0 Attorney for Appellant rt) _,_+ u. ? t, r rn , -;e r jrn r -A ter{ Q - .-1.. ?# !a Il ?? a?qe-VD ,PYS511 Cumberland County Prothonotary's Office Page Civil Case Print 2010-02076 1300 MARKET LLC (vs) LAWRENCE K JAMESON Reference No..: Filed........: 3/25/2010 Case Ty e.....: CONFESSION OF JUDGMENT 31 268 74 J d t Time.........: Ex ti D t 8:15 0/00/0000 , . u gmen ......: ecu on a e Judge Assigned: GUIDO EDWARD E Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info 1300 MARKET ST LLC PLAINTIFF LANZA DAVID J 1300 MARKET ST LEMOYNE PA 17043 LAWRENCE K JAMESON DEFENDANT 1300 MARKET ST LEMOYNE PA 17043 BVFR & ASSOCIATES LLC DEFENDANT 1300 MARKET ST LEMOYNE PA 17043 Judgment Index Amount Date Desc LAWRENCE K JAMESON BVFR & ASSOCIATES LLC LAWRENCE K JAMESON 31,268.74 3/25/2010 CONFESSION OF JUDG 31,268.74 8/20/2010 COONFESSN N OF JUDG ******************************************************************************** * Date Entries - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 3/25/2010 CONFESSION OF JUDGMENT AND COMPLAINT ENTERED IN THE AMOUNT OF $31268.74 BY DAVID J LANZA ESQ ------------------------------------------------------------------- 3/25/2010 NOTICE MAILED TO DEFENDANTS ------------------------------------------------------------------- 3/25/2010 NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON BY DAVID J LANZA ESQ ------------------------------------------------------------------- 4/27/2010 SHERIFF'S RETURN - 4/22/10 - CONFESSION OF JUDGMENT UPON DEFT AT 1300 MARKET STRET CAMP HILL 17011 SHERIFF'S COST $42.84 ------------------------------------------------------------------- 4/28/2010 PETITION TO STRIKE OFF AND OR OPEN CONFESSED JUDGMENT AND A STAY OF PROCEEDINGS - BY MICHAEL D RENTSCHLER ATTY FOR DEFT ------------------------------------------------------------------- 5/05/2010 ORDER - S/3/10 IN RE: PETITION TO STRIKE OFF AND OR OPEN CONFESSED JUDGMENT AND A STAY OF PROCEEDINGS - IT IS HEREBY ORDERED THAT 1- A RULE IS ISSUED UPON THE RESPONDENT TO SHOW CAUSE WHY THE PETITIONER IS NOT ENTITLED TO THE RELIEF REQUESTED 2- THE RESPONDENT SHALL FILE AN ANSWER TO THE PETITION WITHIN 20 DAYS OF THIS DATE 3- THE PETITION SHALL BE DECIDED PURSUANT TO THE APPLICABLE RULES OF CIVIL PROCEDURE 4- DEPOSITIONS SHALL BE COMPLETED WITHIN 60 DAYS OF THIS NOTICE 5- ARGUMENT SHALL BE HELD ON 7/22/10 AT IN CR3 CUMBERLAND COUNTY COURTHOUSE 6- NOTICE OF THE ENTRY OF THIS ORDER SHALL BE PROVIDED TO ALLA PARTIES BY THE PETITIONER - BY EDWARD E GUIDO J - COPIES MAILED 5/5/10 5/21/2010 PLAINTIFF'S ANSWER TO PETITION OF DEFT - BY DAVID J LANZA ATTY FOR PLFF ---------------------•---------------------------------------------- 7/19/2010 ORDER OF COURT - 7/15/10 - THE ARGUMENT SCHEDULED FOR 7/22/10 IS RESCHEDULED FOR 7/26/10 AT 3:00 PM IN CR3 CUMBERLAND COUNTY COURTHOUSE - BY EDWARD E GUIDO J - COPIES MAILED 7/19/10 --------------------------------------------------------------------- 7/28/2010 ORDER OF COURT - DATED 07-26-10 - IN RE: A HEARING IS SCHEDULED FOR 07-30-10 AT 9:30 AM TO RESOLVE ANY DISPUTED FACTS - THE PARTIES ARE THEREAFTER GIVEN 10 DAYS WITHIN WHICH TO FILE BRIEFS IN SUPPORT OF THEIR RESPECTIVE POSITIONS - BY THE COURT EDWARD E ,PYS?11 Cumberland County Prothonotary 's Office Page 2 Civil Case Print 2010-02076 1300 MARKET LLC (vs) LAWRENCE K JAMESON Reference No... Filed......... 3/25/2010 Case T e.....: J ? d CONFESSION OF JUDGMENT 31 268 74 Time.........: Ex c tion Date 8:15 0/00/0000 u ...... : gmen , . e u Judge Assigned: GUIDO EDWARD E Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 Case Comments ------------- Higher Crt 1.: Higher Crt 2.: GUIDO J - COPIES MAILED 07-28-10 ------------------------------------------------------------------- 8/20/2010 ORDER OF COURT DATED 8-16-10 IN RE K JAMESON LAWRENCE ATTY EXECUTED THE LEASE AS A RESPRESENTATIVE ON BEHALF OF BVFR AND ASSOCIATES LLC AND NOT IN HIS INDIVIDUAL CAPACITY THE JUDGMENT ENTERED AGAINST HIM IS STRICKEN AND THE REQUEST TO OPEN AND OR STRIKE THE JUDGMENT IS ***DENIED*** -BY THE COURT EDWARD E GUIDO J - COPIES MAILED 8-20-10 ------------------------------------------------------------------- 8/24/2010 MOTION FOR RECONSIDERATION OF ORDER AND REQUEST TO REMAND FOR FURTHER PROCEEDINGS - BY MICHAEL D RENTSCHLER ATTY FOR DEF ------------------------------------------------------------------- 8/26/2010 ORDER DATED 8-25-10 IN RE MOTION FOR RECONSIDERATION IS **DENIED** - BY THE COURT EDWARD E GUIDO J - COPIES MAILED 8-26-10 - - - - - - - - - - -- - - - LAST ENTRY - - - - - - - - - - - - - - * Escrow Information * Fees & Debits Bec*Bal***Pymts/Ad' End Bal ******************************** **** ****** ******************************* JDMT/CONFESSION 14.00 14.00 .00 TAX ON CONFESS .50 .50 .00 SATISFACTION 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 ------------------------- ------------ 27.50 27.50 .00 * End of Case Information ******************************************************************************** Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 AOPC 3014 Rev.09/17/2010 Karen Reid Bramblett, Esq. Prothonotary Milan K. Mrkobrad, Esq. Deputy Prothonotary RE: 1300 Market, LLC 6uperior (Court of Peuug;pibania Middle District September 17, 2010 Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 (717) 772-1294 www.auperior.court.state.pa.us v. K. Jameson Lawrence, Esquire, as agent and managing partner of BVFR & Associatets, LLC Appellant 1508 MDA 2010 Trial Court Docket No: 2010-02076 Dear Attorney Rentschler Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Respectfully yours, Milan K. Mrkobrad, Esq. Deputy Prothonotary lvsl Enclosure cc: Buell, David D., Prothonotary Court Reporter The Honorable Edward E. Guido, Judge David J. Lanza, Esq. r,y M rt to r- :. NO rj , CD 1 o M 51 2:45 P.M. Appeal Docket Sheet Docket Number: 1508 MDA 2010 Page I of 2 September 17, 2010 CAPTION 1300 Market, LLC Superior Court of Pennsylvan Secure v. K. Jameson Lawrence, Esquire, as agent and managing partner of BVFR & Associatets, LLC Appellant CASE INFORMATION Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: September 16, 2010 Journal Number: Case Category: Civil CONSOLIDATED CASES Awaiting Original Record Case Type(s) SCHEDULED EVENT Civil Action Law RELATED CASES Next Event Type: Receive Docketing Statement Next Event Due Date: October 1, 2010 Next Event Type: Original Record Received Next Event Due Date: November 15, 2010 COUNSEL INFORMATION Appellant K. Jameson Lawrence, Esquire, as agent and managing partner of BVFR & Associatets, LLC Pro Se: No Appoint Counsel Status: Represented IFP Status: No Attorney: Rentschler, Michael D. Bar No: 045836 Law Firm: Law Office of Michael D. Rentschler, P.C. Address: Rentschler Law Office 28 N 32nd St Camp Hill, PA 17011 Phone No: (717) 975-9129 Fax No: (717) 975-2939 Receive Mail: Yes Receive EMail: No Appellee 1300 Market, LLC Pro Se: No Appoint Counsel Status: Represented IFP Status: Attorney: Lanza, David J. Bar No: 055782 Address: 2132 Market St Camp Hill, PA 17011 Phone No: (717) 730-3775 Fax No: (717) 730-3778 Receive Mail: Yes Receive EMail: No 2:45 P.M. Appeal Docket Sheet Docket Number: 1508 MDA 2010 Page 2 of 2 September 17, 2010 Superior Court of Pennsylvar Secure FEE INFORMATION Fee Dt Fee Name Fee Amt Receipt Dt Receipt No Receipt An 09/16/2010 Notice of Appeal 73.50 09/16/2010 2010-SPR-M-000769 73.5 AGENCY/TRIAL COURT INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Cumberland County Civil Division Order Appealed From: August 16, 2010 Judicial District: 09 Documents Received: September 16, 2010 Notice of Appeal Filed: September 15, 2010 Order Type: Order Dated OTN(s): Lower Ct Docket No(s):2010-02076 Lower Ct Judge(s): Guido, Edward E. Judge ORIGINAL RECORD CONTENT Original Record Item Filed Date Content Description Date of Remand of Record: BRIEFING SCHEDULE None None DOCKET ENTRY Filed Date Docket Entry / Representing Participant Type Filed By September 16, 2010 Notice of Appeal Docketed Appellant K. Jameson Lawrence, Esquire, as agent and managing partner of BVFR & Associatets, LLC Comment: 8/25/10 -reconsideration denied September 17, 2010 Docketing Statement Exited (Civil) Middle District Filing Office 1300 MARKET, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. K. JAMESON LAWRENCE, ESQUIRE As agent & managing partner of BVFR & ASSOCIATES, LLC., Defendant NO. 2010 - 2076 CIVIL TERM ORDER OF COURT AND NOW, this 241-K day of SEPTEMBER, 2010, pursuant to Pa.R.C.P. 1925, the Defendant shall file of record and serve on this judge, within twenty-one (21) days of this date, a concise statement of errors complained of on appeal. Any issue not properly included in the concise statement timely filed and served pursuant to Rule 1925(b) shall be deemed waived. By the Court, Edward E. Guido, J. ' DAVID J. LANZA, ESQUIRE - UIRE SCHLER ES R N , Q E T MICHAEL D. COURT REPORTER . s 1 d `..;T ` -: C ? C ES 1300 MARKET, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V K.JAMESON LAWRENCE, ESQUIRE : NO. 2010 - 2076 CIVIL TERM As agent & managing partner of BVFR & Associates, LLC, Defendant CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL AND now, comes Defendant through counsel, Michael D. Rentschler, Esquire, who files the within Concise Statement of Matters Complained of on Appeal, as follows: 1. The Court erred as a matter of law by imposing and/or refusing to strike confession of judgment against BVFR & Associates, LLC since said entity was not a party to the action sub judice and, therefore, the Court had no jurisdiction over BVFR & Associates. 2. The Court erred as a matter of law because the striking of the Complaint and Confession of Judgment against K. Jameson Lawrence, Esquire, as agent and managing partner of BVFR & Associates by Order of Court dated August 16, 2010 served to quash all matters related thereto such as late fees, etc, but the Order did not make that adequately clear. 3. The Order that denied the request to open and/or strike the judgment against BVFR & Associates, LLC, should be reversed because the actual party against whom the complaint and the judgment by confession was filed against was "K. Jameson Lawrence, Esquire, as agent and managing partner of BVFR & Associates, LLC." and not filed against the entity, BVFR & Associates, LLC. Since the action was not filed against the entity itself, but rather only against its agent and managing partner (sic), the Judgment by Confession must be stricken as BVFR & Associates, LLC was not a party to the litigation. s -- Respectfully submitted, cn - '` v w ichael D. entschler, Esquire - 28 N. 32nd Street a Camp Hill, PA 17011 y ?.,. 717-975-9129 Supreme Court ID # 45836 . _. . CERTIFICATE OF SERVICE 1, Michael D. Rentschler, Esquire, do hereby affirm that on the date stated herein, I served a true and correct copy of the foregoing Concise Statement of Matters Complained of on Appeal upon the following individual, by first class mail, postage prepaid and addressed to: David J. Lanza, Esquire 2132 Market Street Camp Hill, PA 17011 Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, Pennsylvania 17011 Supreme Court ID # 45836 Attorney for Defendant CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: 1300 Market, LLC Vs. K Jameson Lawrence, Esquire as agent and managing partner of BVFR & Associates, LLC 2010-2076 Civil 1508 MDA 2010 The documents comprising the record have been numbered from No.1 to 89, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 1/31/2011 David D. othonot Regina Lebo, Deputy An additional cony of this certificate is enclosed Please sian and date copy thereby acknowledaine receipt of this record. Date Signature & Title Commonwealth of Pennsylvania County of Cumberland ss: In TESTIMONY WHEREOF, I have hereunto this 31 1, David D. Buell , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein 1300 Market, LLC Plaintiff, and K Jameson Lawrence, Esq. as agent and managing partner of BVFR & Assoc., LLC Defendant, as the same remains of record before the said Court at No. 10-2076 of Civil Term. set my hand and affixed the seal of said Court day of nuary A. D., 2011 Prothonotary 1, Kevin A. Hess President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that David D. Buell , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere, and at the said record, certificate and attestation are in due form of law and made by e proper officer Commonwealth of Pennsylvania County of Cumberland ss. President Judge 1. David D. Buell , Prothonotary bf the Court of Common Pleas in and for the said County, do certify that the Honorable Kevin A. Hess by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seal of said Court this 31 day of A.D. 2011 Prothonotary No. Term 19__ No. 2010-2076 Civil Term 1508 MDA 2010 1300 Market, LLC Versus K Jameson Lawrence, Esquire as agent and managing partner of BVFR & Associates, LLC EXEMPLIFIED RECORD From Cumberland County Debt, . . . $ 1 nt. from Costs Entered and Filed Prothonotary. Among the Records and Proceedings enrolled in the court of Common Pleas in and for the Cumberland county c' 2010-2076 in the Commonwealth of Pennsylvania to No. 1508 MDA 2010 Term, 19 is contained the following: COPY OF Appearance DOCKET ENTRY 1300 Market LLC vs. K Jameson Lawrence, Esquire as agent and managing partner of BVFR & Associates LLC **SEE CERTIFIED COPY OF DOCKET ENTERIES** Civil Case Print 2010-02076 1300 MARKET LLC (vs) LAWRENCE K JAMESON Reference No..: Filed 3/25/2010 Case Type ..CONFESSION OF JUDGMENT ........: Jud men 31,268.74 Time........ : 8:15 Judge Assigned: GUIDO EDWARD E Execution Date 0/00/0000 Disposed Desc.: Jury Trial.... Case Comments Disposed Date. 0/00/0000 --"---"------ Higher Crt 1.: 1508 MDA2010 Higher Crt 2.: General Index Attorney Info 1300 MARKET ST LLC PLAINTIFF LANZA DAVID J 1300 MARKET ST LEMOYNE PA 17043 LAWRENCE K JAMESON DEFENDANT 1300 MARKET ST LEMOYNE PA 17043 BVFR & ASSOCIATES LLC DEFENDANT 1300 MARKET ST LEMOYNE PA 17043 ******************************************************************************** Judgment Index Amount Date Desc LAWRENCE K JAMESON 31,268.74 3/25/2010 CONFESSION OF JUDG BVFR & ASSOCIATES LLC 31,268.74 3/25/2010 CONFESSION OF JUDG LAWRENCE K JAMESON 8/20/2010 STRICKEN ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - FIRST ENTRY 3/25/2010 CONFESSSIONBOFDJUDDMENT AND COMPLAINT ENTERED IN THE AMOUNT OF ---------------------- --------------------------------------------- 3/25/2010 NOTICE MAILED TO DEFENDANTS -------------------------- _____ ------------------------------------ l?P -j 7 3/25/2010 NOTICEJUNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON BY ------------------------------------------- 4/27/2010 SHERIFF'S RETURN - 4/22/10 - CONFESSION OF JUDGMENT UPON DEFT AT 1300 MARKET STRET CAMP HILL 17011 SHERIFF'S COST $42.84 ----------------------------- _ _ ___ 4/28/2010 PETITION TO STRIKE OFF AND OR OPEN CONFESSED JUDGMENT AND A STAY OF PROCEEDINGS - BY MICHAEL D RENTSCHLER ATTY FOR DEFT -------------------------------------•-------- 9 5/05/2010 ORDER - 5/3/10 IN RE: PETITION TO STRIKE OFF AND OR OPEN CONFESSED JUDGMENT AND A STAY OF PROCEEDINGS - 1T IS HEREBY ORDERED THAT 1- A RULE IS ISSUED UPON THE RESPONDENT TO SHOW CAUSE WHY THE PETITIONER IS NOT ENTITLED TO THE RELIEF REQUESTED 2- THE RESPONDENT SHALL FILE AN ANSWER TO THE PETITION WITHIN 20 DAYS OF THIS DATE 3- THE PETITION SHALL BE DECIDED PURSUANT TO THE APPLICABLE RULES OF CIVIL PROCEDURE 4- DEPOSITIONS SHALL BE COMPLETED WITHIN 60 DAYS OF THIS NOTICE 5- ARGUMENT SHALL BE HELD ON 7/22/10 AT IN CR3 CUMBERLAND COUNTY COURTHOUSE 6- NOTICE OF THE ENTRY OF THIS ORDER SHALL BE PROVIDED TO ALLA PARTIES BY THE PETITIONER - BY EDWARD E GUIDO J - COPIES MAILED 5/5/10 ----------------------------- ?2'2 3;Z 5/21/2010 PLAINTIFF'S ANSWER TO PETITION OF DEFT - BY DAVID J LANZA ATTY FOR PLFF --------------------------------------------------------- 3 ? 7/19/2010 ORDER-OF-COURT---7/15/10---THE-ARGUMENT SCHEDULED - FOR - 7/22/10 - IS RESCHEDULED FOR 7/26/10 AT 3:00 PM IN CR3 CUMBERLAND COUNTY COURTHOUSE - BY EDWARD E GUIDO J - COPIES MAILED 7/19/10 ----------------------------- ---------------------- 34 7/28/2010 O FOR RDER-OF-COURT - DATED-07-26-10- - -IN RE: A HEARING - IS - SCHEDULED PARTIES3AREOTHAT 9:30 AM TO EREAFTER GIVEN 10 DAYSN WITHIN DISPUTED WHICH FACTS TO FILE THE BRIEFS IN SUPPORT OF THEIR RESPECTIVE POSITIONS - BY THE COURT EDWARD E Civil Case Print - "?` - 2010-02076 1300 MARKET LLC (vs) LAWRENCE K JAMESON Reference No..: Filed........: 3/25/2010 Case Type ..CONFESSION OF JUDGMENT Time........ 8:15 Judgment......: 31,268.74 Execution Date 0/00/0000 Judge Assigned: GUIDO EDWARD E Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: 1508 MDA2010 GUIDO J - COPIES MAILED 07-28-10 Higher Crt 2.: ---------------------------------------- --------------------------- 3S 8 20/2010 ORDER OF COURT DATED 8-16-10 IN RE K JAMESON LAWRENCE ATTY EXECUTED THE LEASE AS A RESPRESENTATIVE ON BEHALF OF BVFR AND ASSOCIATES LLC AND NOT IN HIS INDIVIDUAL CAPACITY THE JUDGMENT ENTERED AGAINST HIM IS STRICKEN AND THE REQUEST TO OPEN AND OR STRIKE THE JUDGMENT IS ***DENIED*** -BY THE COURT EDWARD E GUIDO J - COPIES MAILED 8-20-10 ---------------------------------------- ---------------------- 37-?3g 8/24/2010 MOTION FOR RECONSIDERATION OF ORDER AND REQUEST TO REMAND FOR FURTHER PROCEEDINGS - BY MICHAEL D RENTSCHLER ATTY FOR DEF ------------------------------------------------ ------------------- 8/26/2010 ORDER DATED 8-25-10 IN RE MOTION FOR RECONSIDERATION IS **DENIED** -BY-THE COURT EDWARD E GUIDO J - COPIES MAILED 8-26-10 ------------------------------------------ -------------------- ,3 - O 9/15/2010 ORDER FOR TRANSCRIPT - BY MICHAEL D RENTSCHLER ATTY FOR APPELLANT ---------------------------------------------- --------------------- l.1/- y 3 9/15/2010 NOTICE OF APPEAL - BY MICHAEL D RENTSCHLER ATTY FOR APPELLANT ----------------------------------- A/-V 7 9/22/2010 SUPERIOR COURT OF PA NOTICE OF APPEA1 DOCKETING TO #1508 MDA 2010 ----------------------------------- __ //!9' 9/28/2010 ORDER OF COURT DATED 9-24-10 IN RE DEFENDANT SHALL FILE OF RECORD AND SERVE ON THIS JUDGE WITHIN 21 DAYS OF THIS DATE A CONCISE STATEMENT OF ERRORS COMPLAINED ON APPEAL - BY THE COURT EDWARD E GUIDO J - COPIES MAILED 9-28-10 ------------------------------------------------------- ilq- j'0 10/13/2010 CONCISE STATEMENTFOF MATTERS COMPLAINED OF ON APPEAL - BY MICHAEL --------------------------------------------------------- 10/25/2010 TRANSCRIPT OF PROCEEDINGS BEFORE JUDGE EDWARD E GUIDO J ON JULY 30 2010 --------------------------------- 1 27/2011 IN RE:OPINION PURSUANT TO PA RAP 1925) - 1/27/11 - BY EDWARD E GUIDO J - COPIES MAILED 1/27/11 -------------------------------------,----- ------------------------- 1 31/2011 NOTICE OF DOCKET ENTRIES MAILED TO DAVID J LANZA ESQ AND MICHAEL D RENTSCHLER ESQ - - - - LAST ENTF'Y * Escrow Information * Fees & Debits BP*Bal***Pmts/Adj End Bal *********************************** ****** ******************************* JDMT/CONFESSION 14.00 14.00 .00 TAX ON CONFESS .50 .50 .00 SATISFACTION 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 APPEAL HIGH CT 48.00 48.00 .00 ------------------------ ------------ 75.50 75.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY FROM RECORD In TesWnony whereat, I here unto set my hand and to a" of said rt at Carlisle, Pa. Thla -3 / day of ?a gn // Prothonotary d CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: 1300 Market, LLC Vs. K Jameson Lawrence, Esquire as agent and managing partner of BVFR & Associates, LLC 2010-2076 Civil 1508 MDA 2010 The documents comprising the record have been numbered from No.1 to 89, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 1/31/2011 D well, Pr thonotary Regina Lebo, Deputy An additional co of this certificate is enclosed. Please sin and date copy, thereby acknowledging receipt of this record. edv% "'A V006" ftk% Date Signature & Title -el Koren Reid BrarrUett, E94 Prothonday Milan K Mrkobred, Esq. Dexrty Prothonotary Pm*vava,Wdal Center P.O. Box 62435 601CorrrnonwedthAvenue 8rite1600 Harrisburg PA 171062435 (717) 7P,1294 VA". iorlw.st Lis -o -- ? CERTIFICATE OF REMITTAL/REMAND OF RECORD rn°D VP rn `" M M r z= -° -VM TO: David D. Buell C,n r ""t :o C, Prothonotary mac' a xo = C-) RE: 1300 Market, LLC v. Lawrence, K. 1508 MDA 2010 Trial Court: Cumberland County Court of Common Pleas Trial Court Docket No: 2010-02076 Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Original Record contents: Item Filed Date Description Part February 2, 2011 Remand/Remittal Date: 09/06/2011 ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. Respectfully, Milan K. Mrkobrad, Esq. Deputy Prothonotary .1 X442?0&141 ? /alv Enclosure cc: The Honorable Edward E. Guido, Judge David J. Lanza, Esq. Michael D. Rentschler, Esq. 1300 Market, LLC v. Lawrence, K. 1508 MDA 2010 Letter to: Buell, David D. Acknowledgement of Certificate of RemittaVRemand of Record (to be returned): Signature Date Printed Name J-S41007-11 NON- PRECEDE NTIAL DECISION - SEE SUPERIOR COURT I.O.P.65.37 1300 MARKET, LLC, Appellee V. K. JAMESON LAWRENCE, ESQUIRE, AS AGENT AND MANAGING PARTNER OF BVFR & ASSOCIATES, LLC, Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA cnr ? m ? D J ? Q =0 6-n pry Cn No. 1508 MDA 2010 Appeal from the Order Dated August 16, 2010 In the Court of Common Pleas of Cumberland County Civil Division at No(s): 2010-02076 BEFORE: GANTMAN, OLSON, AND OTT, JJ. MEMORANDUM*: FILED: July 28, 2011 Appellant, K. Jameson Lawrence, Esquire, as agent and managing partner of BVFR & Associates, LLC ("BVFR"), appeals from the order entered in the Cumberland County Court of Common Pleas, denying in part his petition to strike off and/or open confessed judgment in favor of Appellee, 1300 Market, LLC. We affirm. In its opinion, the trial court fully and correctly sets forth the relevant facts and procedural history of this case. Therefore, we have no reason to restate them. Appellant raises one issue for our review: *By: GANTMAN, J. J-S41007-11 WHETHER THE ORDER GRANTING JUDGMENT BY CONFESSION ENTERED AGAINST [BVFR], APPELLANT HEREIN, SHOULD BE SET ASIDE BECAUSE BVFR WAS NOT A PARTY IN THE CASE[?] (Appellant's Brief at 3). Our review of a court's order denying a petition to open a confessed judgment is as follows: We review a trial court's order denying a petition to strike a confessed judgment to determine whether the record is sufficient to sustain the judgment. A petition to strike a judgment may be granted only if a fatal defect or irregularity appears on the face of the record. Similarly, we review the order denying Appellant's petition to open the confessed judgment for an abuse of discretion. PNC Bank v. Kerr, 802 A.2d 634, 638 (Pa.Super. 2002)[, appeal denied, 572 Pa. 735, 815 A.2d 634 (2002) (stating:] "A petition to open judgment is an appeal to the equitable powers of the court. As such, it is committed to the sound discretion of the hearing court and will not be disturbed absent a manifest abuse of discretion."). ESB Bank v. McDade, 2 A.3d 1236, 1239 (Pa.Super. 2010) (some internal citations omitted). After a thorough review of the record, the briefs of the parties, the applicable law, and the well-reasoned opinion of the Honorable Edward E. Guido, we conclude Appellant's issue merits no relief. The trial court opinion comprehensively discusses and properly disposes of the question presented. (See Trial Court Opinion, filed January 27, 2011, at 2-4) (finding: pleadings leave no doubt that BVFR is party to action; complaint refers to defendant as business entity with place of business at 1300 Market Street, Lemoyne, PA; Appellant's petition to strike and/or open confessed judgment refers to BVFR - 2 - J-S41007-11 as defendant and party; moreover, even if caption is technically incorrect, where party is sued by wrong name, but appears and defends itself on merits of action, Pennsylvania law allows court to amend caption either before or after judgment by substituting party's correct name; BVFR defended itself on merits of Appellee's complaint; court's order granting Appellant's petition to strike off and/or open confessed judgment against Appellant in his individual capacity corrected any error in caption).' Accordingly, we affirm on the basis of the trial court's opinion.Z Order affirmed. ' Appellant also claims the court erred by denying in part his petition to strike off and/or open confessed judgment because the terms of the parties' lease provided a "20-day cure period," which gave Appellant twenty (20) days from Appellee's notice of default/demand letter to remedy his delinquent rent payment. Because Appellant did not include this claim in his Rule 1925(b) statement, it is waived on appeal. See Commonwealth v. Castillo, 585 Pa. 395, 888 A.2d 775 (2005) (stating any issues not raised in Rule 1925(b) statement will be deemed waived); Lineberger v. Wyeth, 894 A.2d 141 (Pa.Super. 2006) (stating rules of appellate procedure apply to criminal and civil cases alike; principles enunciated in criminal cases construing those rules are equally applicable in civil cases). z In its opinion, the court also discusses Appellant's grievance that the order granting Appellant's petition to strike off and/or open confessed judgment against Appellant in his individual capacity, did not adequately address matters such as late fees. Because Appellant appears to have abandoned this issue on appeal, we will give it no further attention. - 3 - J-S41007-11 Judgment Entered. Deputy Prothonotary Date: July 28, 2011 -4- PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 Etc. 1300 MARKET, LLC vs. K. JAMESON LAWRENCE, ESQUIRE as agent and managing partner of BVFR & ASSOCIATES, LLC,_ vs. M & T Bank, NA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Writ No. Term, 20 No. 2076 Tenn, 20 10 Amount Due __.$_31,268,74 Interest From March 31 2010 Attorney's Com. Costs $ q ?{ gy TO THE PROTHONOTARY OF SAID COURT: Please issue WRIT OF EXECUTION in the above matter, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) Against BVFR & Associates LLC BVFR & Associates LLC Defendant (s); (3) and against M & T Bank NA 1 West Hi Street Carlisle PA 17013 (4) and index this writ Garnishee (s); (a) against BVFR & Associates LLC BVFR & Associates LLC Defendant (s); and.. ,., ._.l 1..°" CIO (b) against M & T Bank NA I West Hitzh Street Carlisle PA 17013 -, 1 West Hieh Street Carlisle PA 17013 Garnishee (s), as a hs pendens against the real property of the Defendant (s) in the name of the Garnishee (s) as follows (Specifically describe property) ) Levy upon, attach, garnish and sell all property, funds and obligations of the Defendant, BVFR and Associates, LLC in the possession or control of the Garnishee, M & T Bank at 1 . PA 17013. West High Street, Carlisle, (5) Date: :13216-139 Levy upon, attach and sell all personal property of the Defendant, BVFR and Associates, LLC„ including all furniture, household goods, appliances, equipment, computers and other electronic equipment, filing cabinets, inventory, accounts receivable, records, books, documents and other moveable personalty situate at 1300 Market Street, Lemoyne, PA 17013. Exemption has (not been waived. AS a?f . ro ?4 IBC-?'-? Z Se., c+? 1e.6y Attorney for Plaintiff (s) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-2076 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due 1300 MARKET, LLC, Plaintiff (s) From K. JAMESON LAWRENCE, ESQUIRE AS AGENT AND MANAGING PARTNER OF BVFR & ASSOCIATES, LLC. (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON, ATTACH AND SELL ALL PERSONAL PROPERTY OF THE DEFENDANT, BVFR AND ASSOCIATES, LLC, INCLUDING ALL FURNITURE, HOUSEHOLD GOODS, APPLIANCES, EQUIPMENT, COMPUTERS AND OTHER ELECTRONIC EQUIPMENT, FILING CABINETS, INVENTORY, ACCOUNTS RECEIVABLE, RECORDS, BOOKS, DOCUMENTS AND OTHER MOVEABLE PERSONALTY SITUATE AT 1300 MARKET STREET, LEMOYNE, PA 17013 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of LEVY UPON, ATTACH, GARNISH AND SELL ALL PROPERTY, FUNDS AND OBLIGATIONS OF THE DEFENDANT, BVFR AND ASSOCIATES, LLC IN THE POSSESSION OR CONTROL OF THE GARNISHEE, M & T BANK AT 1 WEST HIGH STREET, CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $31,268.74 L.L. $.50 Interest FROM MARCH 31, 2010 Atty's Comm % Due Prothy $2.00 Atty Paid $97.34 Other Costs Plaintiff Paid Date: OCTOBER 28, 2011 (Seal) David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name DAVID J. LANZA, ESQUIRE Address: 2132 MARKET STREET CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-730-3775 Supreme Court ID No. 55782 Ddvid J'. Lanza I.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 1300 MARKET, LLC Plaintiff Attorney for Plaintiff 0A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2076 V. K. JAMESON LAWRENCE, ESQUIRE as agent and managing partner of BVFR & ASSOCIATES, LLC, Defendant V. M & T Bank, Garnishee CIVIL ACTION - LAW PM?(5 INTERROGATORIES TO GARNISHEE TO: M & T Bank 1 West High Street Carlisle, Pennsylvania 17013 You are required to file answers to each of the following Interrogatories within twenty (20) days after service upon you. You are required to sign the verification page following the Interrogatories. Failure to answer any of the Interrogatories or to sign the verification page shall result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the Defendant, BVFR & ASSOCIATES, LLC, (hereinafter referred to as "Defendant") any money or were you liable to it, on any negotiable or other written instrument or did the Defendant claim that you owed it any money or were liable to it for any reason? y t 2. If at the time you were served or any subsequent time you owed the Defendant any money, state the amount of money owed to it. ag,Y a,.?f•??. a.T? O 1?k?ay od/d'?o y 6 0, 0 VO V/ 00, s r<e °srsiijg 9d? aQ. e6' s 3. If at the time you were served or at any subsequent time you were liable to the Defendant on any negotiable or other written instrument, state the amount of your liability and attach a copy of the written instrument to your answers. 4. At the time you were served or any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons, any property of any nature owned in whole or in part by Defendant? n 1? 5. If the answer to question #4 is yes, describe the property held by you and state the value of any such property. 6. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the Defendant, or any other property in which Defendant held or claimed any interest? 7. If the answer to question #6 is yes, describe the property so held or claimed, and state the value of such property. 8. At the time you were served or any subsequent time did you hold as a fiduciary any property in which the Defendant had an interest? ? i e 9. If the answer to question #8 is yes, describe the property and state the value thereof. ' ? i 10. At any time before or after you were served did the Defendant transfer or deliver any property to you or any person or place pursuant to your direction or consent, and if so, what was the consideration therefore? o?o 11 or place pursuant to its direction or otherwise discharge any claim of the Defendant against you? At any time after you were served did you pay, transfer or deliver any money to the Defendant, Mll 12. At any time prior to the time you were served did you owe the Defendant any money or were you liable to it on any negotiable or other written instrument or did the Defendant claim that you owed it any money or were liable to it, for any reason? fl\?? 13. If the answer to question #12 is yes, state the most recent time that you owed the Defendant any money or the most recent time that you were liable to it on any negotiable or other written instrument or that the Defendant claimed that you owed it any money or were liable to it for any reason. Date:_ L 6 `1 ? I By: David J. Lanza Attorney I.D. #55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Plaintiff VERIFICATION LORRIE MASKA I MfxT BANK verify that the statements made in the foregoing INTERROGATORIES TO GARNISHEE are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: NOV 15 20x1 Sworn to and subscribed to me this day of 2011. Notary Public BY: 13216-139 David J. Lanza I.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 1300 MARKET, LLC Plaintiff V. K. JAMESON LAWRENCE, ESQUIRE as agent and managing partner of BVFR & ASSOCIATES, LLC, Defendant V. M & T Bank, Garnishee Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2076 CIVIL ACTION - LAW Z: x M -T - r- Cn CD , -,C-? ?- C) 1 C PRAECIPE FOR JUDGMENT PURSUANT TO Pa. R.C.P. 3146 (b) To the Prothonotary: Kindly enter judgment in favor of the Plaintiff, and against the Garnishee, M & T Bank in the amount of $20,977.02, together with costs and interest pursuant to the Answers to Interrogatories attached hereto. PILL David J. Lanza 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Plaintiff 44-oo PQ ATTq ?.? arosha9 E iY,&l'Bank November 15, 2011 David J. Lanza 2132 Market Street Camp Hill, PA 17011 Legal Document Processing Phone # 716-636-7721 Fax # 716-636-7726 Re: Writ of Garnishment on Garnishee received by Manufacturers and Traders Trust Company, Garnishee 1300 Market LLC VS K Jameson Lawrence and BVFR & Associates LLC Case# 10-2076 Pursuant to the above referenced Writ of Garnishment and Interrogatories on Garnishee, manufacturers and Traders Trust Company has searched its records and has identified the following account(s) with balances due its customer(s) as of Acct No. Balance Acct No. Balance 9835121113 $20977.02 15004210912562 $180.88 If the Writ of Garnishment and Interrogatories also sought to restrain access to safe deposit boxes, then any safe deposit boxes identified at any of our branches are listed below. Branch-Number- Safe Deposit Box Number If any of the above accounts or safe deposit boxes are designated by a "J" that means they are accounts or safe deposit boxes in which persons other than those identified in the Writ of Garnishment and Interrogatories may also have an interest. With respect to all safe deposit boxes, an order directing the drilling of the box must first be obtained and Manufacturers and Traders Trust Company must be reimbursed for the cost of drilling and replacing the lock on the box. Pa.R.C.P. No. 3110, 42 Pa.C.S.A. Responses to Interrogatories that you propounded, if any, are enclosed. Sincerely, Lorrie Maska Legal Document Analyst (716) 635-7721 Enclosure: Responses to Interrogatories Manufacturers and Traders Trust Company P.O. Box #844, Buffalo, New York 14240 David J. Lanza I.I. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 1300 MARKET, LLC V. Plaintiff Attorney for Plaintiff O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2076 CIVIL ACTION - LAW K. JAMESON LAWRENCE, ESQUIRE as agent and managing partner of BVFR & ASSOCIATES, : LLC, Defendant V. M & T Bank, Garnishee INTERROGATORIES 70 GARNISHEE TO: M & T Bank 1 West High Street Carlisle, Pennsylvania 17013 You are required to file answers to each of the following Interrogatories within twenty (20) days after service upon you. You are required to sign the verification page following the Interrogatories. Failure to answer any of the Interrogatories or to sign the verification page shall result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the Defendant, BVFR & ASSOCIATES, LLC, (hereinafter referred to as "Defendant") any money or were you liable to it, on any negotiable or other written instrument or did the Defendant claim that you owed it any money or were liable to it for any reason? ; i -;, t 2. If at the time you were served or any subsequent time you owed the Defendant any money, state the amount of money owed to it. u „k? ? £vller `? -? z;V 00 3. If at the time you were served or at any subsequent time you were liable to the Defendant on any negotiable or other written instrument, state the amount of your liability and attach a copy of the written instrument to your answers. 4. At the time you were served or any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons, any property of any nature owned in whole or in part by Defendant? 5. If the answer to question #4 is yes, describe the property held by you and state the value of any such property. 6. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the Defendant, or any other property in which Defendant held or claimed any interest? k. 7. If the answer to question #6 is yes, describe the property so held or claimed, and state the value of such property. 8. At the time you were served or any subsequent time did you hold as a fiduciary any property in which the Defendant had an interest? 9. If the answer to question #8 is yes, describe the property and state the value thereof. 10. At any time before or after you were served did the Defendant transfer or deliver any property to you or any person or place pursuant to your direction or consent, and if so, what was the consideration therefore? 11. At any time after you were served did you pay, transfer or deliver any money to the Defendant, or place pursuant to its direction or otherwise discharge any claim of the Defendant against you? e 12. At any time prior to the time you were served did you owe the Defendant any money or were you liable to it on any negotiable or other written instrument or did the Defendant claim that you owed it any money or were liable to it, for any reason? 13. If the answer to question #12 is yes, state the most recent time that you owed the Defendant any money or the most recent time that you were liable to it on any negotiable or other written instrument or that the Defendant claimed that you owed it any money or were liable to it for any reason. Date: u By: David J. Lanza Attorney I. D. #55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Plaintiff VERIFICATION LORRIE MASKA MGT BANK verify that the statements made in the foregoing INTERROGATORIES TO GARNISHEE are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: NOV 15 2011 Sworn to and subscribed to me this day of 2011. Notary Public BY: 13216-139