HomeMy WebLinkAbout04-2636
David J. Lanza
LD. No. 55782
2157 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
Attorney for Plaintiffs
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. <H. .;{t.'~(..
HARRY AND SUZY GROSSMAN,
v.
CIVIL ACTION - LAW
VOODOO PARK, INC.,
MICHAEL DeCA V ALCANTE
and ERIC MONTGOMERY
IN EJECTMENT
Defendants
TO: Voodoo Park, Inc.,
You are hereby notified that on (l u..<-<-- / I ~ , 2004, judgment by confession was entered
against you in the sum of$161,387.36, in the ab:X'e-captioned case.
DATE(J",~ /1, Jqtj(
r~ /?;f~'/~'
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:
Voodoo Park, Inc.
6th and Water Streets,
N_ C,."""", PA, 17d7d ~
Attorney for Plaintiffs
,
David J. Lanza
I.D. No. 55782
2157 Market Street
Camp Hill, Pennsylvania 170 II
(717) 737-3775
Attorneys for Plaintiffs
HARRY AND SUZY GROSSMAN,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Oy. 2(" 3(,.
v.
VOODOO PARK, INC.,
MICHAEL DeCA V ALCANTE
and ERIC MONTGOMERY,
CIVIL ACTION - LAW
IN EJECTMENT
Defendants
NOTICE UNDER RULE 2958.1 OF
JUDGMENT AND EXECUTION THEREON
TO: V 00<100 Park, Inc.,
6"' and Water Streets,
New Cumberland, PA, 17070
Ajudgment in the amount of$161,387.36 has been entered against you and in favor of the PlaintitTwithout any prior
notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The
sheritT 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 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 170?3./
(717) 240-620~~
David J. Lanza
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David J. Lanza
LD. No. 55782
2157 Market Street
Camp Hill, Pennsylvania 17011
(717) 737-3775
Attorneys for Plaintiffs
PlaintitIs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01.(. ;)..1..3(,..
NO.
HARRY AND SUZY GROSSMAN,
v.
VOODOO PARK, INC.,
MICHAEL DeCA V ALCANTE
and ERIC MONTGOMERY,
CIVIL ACTION - LAW
IN EJECTMENT
Defendants
NOTICE UNDER RULE 2958.1 OF
JUDGMENT AND EXECUTION THEREON
TO: Michael DeCavalcante
2926 Lincoln Street
Camp Hill, PA 17011
Eric Montgomery
625 Allen Street
Camp Hill, PA 17011
A judgment in the amount of $2 I ,077.28 has been entered against you and in favor of the PlaintitIwithout 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 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
U
David J. Lanza
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Dav.id J. Lanza
J.D. No. 55782
2157 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
Attorney for Plaintiffs
Plaintiffu
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
O </. ;U. 3 <.. G..;,,:.t "-\ u-
NO.
HARRY AND SUZY GROSSMAN,
v.
CIVIL ACTION - LAW
VOODOO PARK, INC.,
MICHAEL DeCA V ALCANTE
and ERIC MONTGOMERY
Defendants
CONFESSION OF JUDGMENT
FOR MONEY DAMAGES
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 Voodoo Park, Inc. and confess judgment in favor of
Plaintiff and against the Defendant as follows:
Unpaid rent from through November 6, 2007
Fifteen percent (15%) attorney fees
$140,336.84
$ 21,050.53
TOTAL
$161,387.36
~~7'7
By: I/f.-
David J. Lanza
Attorney J.D. No. 55782
2157 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiffs
56-1
Bav,id J. Lanza
LD. No. 55782
2157 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
Attorney for Plaintiffs
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
O".J.(,~L. Cu.,.J I......
NO. ,
HARRY AND SUZY GROSSMAN,
v.
CIVIL ACTION - LAW
VOODOO PARK, INC.,
MICHAEL DeCA V ALCANTE
and ERIC MONTGOMERY
Defendants
CONFESSION OF JUDGMENT
FOR MONEY DAMAGES
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 Defendants Michael DeCavalcante and Eric Montgomery and
confess judgment in favor of Plaintiff and against the Defendant as follows:
Six month rent guaranty
20% attorney fees
$17,564.40
$ 3.512.88
$21,077.28
Total
Respectfully submitted,
By:
David J. Lanza
Attorney LD. No. 55782
2157 Market Street
Camp Hill, P A 17011
Telephone (717) 730-3775
Attorney for Plaintiffs
56-1
David J. Lanza
1.0. No. 55782
2157 Market Street
Camp Hill, Pennsylvania 17011
(717)730-3775
Attorney for Plaintiffs
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. (i~. )<.3(" ti.uJ 1<1>-
HARRY AND SUZV GROSSMAN,
v.
CIVIL ACTION - LAW
VOODOO PARK, INC.,
MICHAEL DeCAVALCANTE
and ERIC MONTGOMERY
Defendants
COMPLAINT PURSUANT TO Pa.R.C.P. 2951(b)
FOR CONFESSION OF JUDGMENT FOR
MONEY DAMAGES
AND NOW, this day of June 2004, comes the Plaintiff, HARRY AND SUZY GROSSMAN, by and
through its undersigned attorney, David J. Lanza, and files this Complaint, and in support thereof avers as
follows:
1. The Plaintiffs, HARRY AND SUZY GROSSMAN, are adult individuals with an address at 275
Hillside Drive, New Cumberland, Pennsylvania 17070.
2. The Defendant, VOODOO PARK, INC., is a business entity of undetermined nature with a
place of business at 6th and Water Streets, New Cumberland, Cumberland County, Pennsylvania 17070.
3. The Defendant, MICHAEL DeCAVALCANTE, is an adult individual with an address at 2926
Lincoln Street, Camp Hill, Cumberland County, Pennsylvania 17011.
4. The Defendant, ERIC MONTGOMERY, is an adult individual with an address at 625 Allen
Street, Camp Hill, Cumberland County, Pennsylvania 17011.
5. On or about November 6, 2002, Plaintiffs and Defendant entered into an Agreement of Lease
("Lease") for the 11,480 square feet of the premises (including sections 8, D and E) located at 6th and Water
Streets, New Cumberland, Cumberland County, Pennsylvania 17070, a true and correct copy of which is
attached hereto as Exhibit "A."
6. Said Lease has not been assigned by Plaintiffs.
7. No judgment on the Lease has been entered in any jurisdiction.
8. Defendants have failed to pay rent in a timely manner since the inception of the Lease.
9. The aforesaid Lease requires Defendants to pay unto Plaintiff the sum of Two Thousand
Eight Hundred Forty-One and 30/100 Dollars ($2,841.30) per month from November 6, 2002 through
November 6,2003, with subsequent amounts due as set forth in S2 of Exhibit "A"
10. Defendants have failed to pay any rent at all since March, 2004.
11. Defendant's rental payments have repeatedly been late throughout the term of this Lease.
12. As a result of Defendants' failure to make the monthly rental payments, the remaining
monthly payments (through November 2007) have become immediately due and payable.
13. Pursuant to S13 of the aforesaid Lease, Defendants are required to reimburse Plaintiff for
Plaintiff's attorney fees in the amount of 15% of the balance due.
14. There is justly due and owing to the Plaintiff from the Defendants on account of the aforesaid
breach the sum of One Hundred Ninety-one Thousand One Hundred Fifty-nine and 93/100 Dollars
($161,387.36), calculated as follows:
Unpaid rent from through November 6, 2007
Fifteen percent (15%) attorney fees
TOTAL
$140,336.84
$ 21,050.53
$161,387.36
15. Plaintiff has demanded payment from the Defendants, but Defendants have neglected and
refused, and continue to refuse, to pay the same or any part thereof.
COUNT I
Plaintiffs v. Voodoo Park, Inc.
16. Plaintiffs incorporate the averments of '1M11 - 15 as if fully set forth herein.
17. Plaintiffs are entitled to judgment against Defendant Voodoo Park, Inc. in the amount of
$148,654.57.
18. Plaintiffs are entitled to immediate possession of the leased premises at 6th and Water
Streets, New Cumberland Borough, Cumberland County, Pennsylvania 17070.
Wherefore, Plaintiffs demand judgment against Voodoo Park, Inc. for possession of the premises
and in the amount of $161,387.36 plus costs and interest from June 1, 2004.
COUNT II
Plaintiffs v. MICHAEL DeCAVALCANTE and ERIC MONTGOMERY
19. Plaintiffs incorporate the averments of '1M11 through 18 as if fully set forth herein.
20. In consideration of the lease agreement, Defendants DeCavalcante and Montgomery
executed a Guaranty Agreement for certain obligations of the Defendant Voodoo Park, Inc. on or about
November 6, 2002. A true and correct copy of the Guaranty is attached hereto as Exhibit "B".
21. By virtue of the Guaranty Agreement, Defendants DeCavalcante and Montgomery obligated
themselves to pay "six (6) months rent" from the obligations of Voodoo Park, Inc.
22. By virtue of the Guaranty Agreement, Defendants DeCavalcante and Montgomery obligated
themselves to pay attorney fees in the amount of twenty (20) percent of the amount due.
23. There remains outstanding at least six (6) months rent from the current lease year.
24. Six months rent from the current lease year equals $17,564.40.
25. There remains justly due and owing from Defendants to Plaintiff the amount of $21,077.28,
calculated as follows:
Six month rent guaranty
20% attorney fees
$17,564.40
$ 3,512.88
$21,077.28
Total
26. Despite demand, Defendants have refused to pay the aforesaid sums or any parts thereof.
Wherefore, Plaintiffs demand judgment against Defendants DeCavalcante and Montgomery for
possession of the premises and in the amount of $21 ,077.28 plus costs and interest from June 1, 2004.
Respectfully submitted,
By:
u
David J. Lanza
Attorney 1.0. No. 55782
2157 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorneys for Plaintiffs
56-1
VERIFICA TION
I, HARRY GROSSMAN, 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 ~904, relating to unsworn falsification to authorities.
Date:
6\'\(oi
By: A
~rossman
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COMMERCIAL LEASE
THIS COMMERCIAL lEASE, made this ~.t!L day of ~oV' , 2002, between
Harry and Suzy Grossman, (hereinafter sometimes referred to as "lessor") and Voodoo Park. Inc., a
registered Pennsylvania Corporation (hereinafter sometimes referred to as "lessee").
WI TNE 5S E TH:
1. PREMISES.
The lessor hereby leases to the lessee 11,480 square feet of the first floor of the building depicted
on Exhibit "N. which portion comprises sections B, D. and E, together with a proportionate amount of
parking spaces, owned by lessor and situate at 6lh and Water Streets, Borough of New Cumberland.
Cumberland County, Pennsylvania.
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To have and to hold the same for a five (5) year term commencing on November" 2002, and ~~,
ending l,- _. ... .. :,2007, with rent being payable during such five (5) year term as follows:
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2.
TERMS AND RENT.
Year 1
Year 2
Year 3
Year 4
Year 5
Monthly
$ 2,841.30 11- {;- 0'2
$ 2,927.40 " - b '0 ~
$ 3,013.50
$ 3,099.60
$3,195.27
_ 11_ (;_ t,;)j.
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The rent due hereunder shall be due and payable in advance with the first month's rent being due as of
October 30th, 2002, and each monthly installment thereafter being due in advance on the first day of each
calendar month of the term. For any installment not received by lessor by the fifth day of the calendar
month. lessee shall pay a late charge of five (5%) percent of the amount due. lessee shall have the option
to renew'this lease for an additional five (5) year term provided that lessee provides written notice no less
than one (1) year prior to the expiration of this Lease. The rent shall increase three percent (3%) per year
during the option period with the initial option year's rent equaling-$3.290.93 per month. Lessee also
maintains the option to expand into sections C and E at the rate 3.15 per square foot during the initial term of
this Lease. Lessee agrees to reimburse landlord for any marginal increase in Lessor's insurance premiums
due to Lessee's use of the premises.
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3. PLACE OF PAYMENT.
The rent payable by Lessee hereunder shall be paid to Lessor at 275 Hillside Drive, New
Cumberland, Pennsylvania 17070. or at such other address as the Lessor may request in writing. All
payments shall be effective when actually received by Lessor.
4. TAXES, UTILITIES, MAINTENANCE, AND INSURANCE.
The Lessee shall pay for the cost of sewer rent, telephone, electricity, water, trash removal. janitorial
services. HV AC repairs and interior repairs for the Leased Premises. The Lessee shall pay for the cost and
fines for not performing snow removal and lawn or grounds maintenance excluding costs and/or fines
associated with tree trimming or removal. All payments to be made by the Lessee under this Paragraph 4
shall be in addition to the rental called for above. Lessor will pay for real estate taxes and structural repairs.
5. USE OF LEASED PREMISES.
The Leased Premises shall be used for a recreation/sports center and for no other purposes without
I the express written consent of Lessor in Lessor's sole discretion.
6, MAINTENANCE AND REPAIR.
Lessee shall maintain the Leased Premises in a state of good repair at its own expense consistent
, with and as limited by Paragraph 4 and shall surrender the Leased Premises in as good condition as they
shall be in as of the commencement of the term of this lease, except for ordinary wear and tear and
damages caused by fire, storm. or other natural disasters. All damages done to the Leased Premises other
than damage caused by ordinary wear and tear. fire. storm. or other natural disaster shall be repaired at the
cost of the Lessee.
2
7. CONDITION OF PREMISES ON SURRENDER. ~
The Leased Premises shall be surrendered in a clean condition by the Lessee at the tennination of
the lease.
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8. INSURANCE.
Lessee hereby covenants and agrees at all times during the tenn of this lease to obtain, maintain,
and keep in force general public liability insurance against claims for personal injury, death, or property
damage occurring in, on, or about the premises or adjacent to the premises in the following amounts:
(a) Bodily Injury (including completed operations and products liability) . . . $1,000,000.00 each
occurrence.
(b) Property Damage. . . $1,000,000.00 each occurrence and $1,000,000.00 annual aggregate
or a combined single limit of $1,000,000.00.
Liability policy will include personal injury protection.
Lessee agrees that all of the above noted insurance shall be non-cancelable without ten (10) days
written notice to Lessor. Lessee further covenants and agrees that the insurance required to be carried
herein shall be placed with insurance companies licensed to do business in Pennsylvania as shall be
approved by Lessor and that Lessee shall deliver certificates of such insurance to Lessor and all renewals
thereof throughout the term of this lease if so requested by Lessor. Lessee shall deliver to Lessor a copy Of
the paid receipt for each insurance premium paid within one week of payment throughout the tenn of this
lease. Lessee shall name Lessor as an additional insured on each of the above referenced policies. '.l:.!!:Iaf
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shall maintain hazard insurance on the contents of the premises. -;;iL.-..- LC~f. (,.
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9. LIABILITY TO THIRD PARTIES.
Lessee agrees to be responsible for and to relieve or indemnify Lessor from all liability by reason of
any damage or injury to any person or thing which may arise on the Leased Premises whether such damage
or injury be caused by or result from the negligence of the Lessee, its servants or agents.
3
Lessee agrees to indemnify and hold hannless Lessor~om all liability resulting from any
environmental issue, including dumping of hazardous materials and/or waste to the extent Lessee and not
Lessor is responsible for the problem. Lessee warrants that Lessee shall comply fully with all federal, state
and local environmental laws and regutations. Lessee hereby warrants that Lessee shall defend against and
reimburse Lessor for any claim, by whomever asserted, related to any.$wironmental issue, whether or not
such issue arises from the intentional or negligent actions of Lessee. Failure by Lessee to comply with any
federal, state or local law and/or regulation, including permit requirements, shall constitute grounds for
immediate eviction from the premises. The remedies and provisions contained in this section shall be in
addition to, and shall not be limited by, the provisions of !l27.
10. DAMAGE TO OR DESTRUCTION OF LEASED PREMISES.
If the Leased Premises shall be damaged or rendered untenable as determined by Lessor, in whole
or in part, through no fault of Lessee, the Lessor shall have the right to retain any insurance proceeds
payable to Lessor and tenninate this lease or, within forty-five (45) days after the date of said damage or
destruction, at the election of Lessor, in Lessor's sole discretion, to commence to repair or replace the
Leased Premises, so that the same shall be completed within six (6) months thereafter. The obligation of
Lessee to make rental payments for that portion of the Leased Premises which are untenable during the
repair period by Lessor, shall be discontinued until repairs are completed. Lessor shall have no right to
tenninate this lease in the event the damage or destruction to the Leased Premises is de minimis.
11. UNLAWFUL ACTIVITIES.
Lessee shall not carry on any unlawful or immoral activity in or about the Leased Premises, and
shall not carry on any activity which will endanger the building from fire or cause a forfeiture of any fire
insurance that the Lessor has or may hereafter have on said building.
12. DEFAULT: REMEDIES.
(a) If Lessee shall fail to pay any installment of rent promptly on the day when the same shall
become due and payable hereunder; (b) if Lessee shall fail to promptly keep and perfonn any other
affinnative covenants of this lease, strictly in accordance with the tenns of this lease; (c) if Lessee fails to
take possession of the Leased Premises within ten (10) days after possession is tendered; (d) if Lessee
4
discontinues its business in the Leased Premises; or if an action for appointment of a receiver or trustee of
Lessee's property is filed against Lessee, or Lessee executes an ~ignment for the benefit of creditors or
any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of the
I Lessee takes possession of Lessee's property; or (e) if Lessor determines Lessee is removing, attempting to
remove, or manifesting an intention to remove Lessee's goods or property from the leased Premises
"".
(except in the ordinary and usual course of business) without having'first paid Lessor all the rent for the
balance of the lease term; then, and in any such event, and as often as any such event shall occur, Lessor
may (i) declare the lease in default and the said term ended, and enter into saId Leased Premises, using
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such force as '!'Ii/jibe nec;essary,.and to repossess and enjoy said Leased Premises as in the Lessor's
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former estate; (ii) accelerate the payment of all rent due hereunder for the balance of the term of the lease
as liquidated damages for Lessee's default and not as a penalty; and (iii) exercise any and all other rights
available to Lessor hereunder or otherwise available at law or in equity. lime shall be deemed to be of the
essence for the fulfillment of Lessee's covenants and duties in this lease.
13. CONFESSION OF JUDGMENT FOR MONEY DAMAGES.
In addition to the remedies provided for in paragraph 12. if Lessee defaults hereunder. the Les~ee
hereby empowers the Prothonotary or any attorney of any court of record within the Commonwealth of
Pennsylvania or elsewhere to appear for the Lessee, and with or without complaint filed, to confess
judgment against the Lessee and in favor of the Lessor, or any other holder of this lease, for the sums owed
by the Lessee or for any default on the part of the Lessee, pursuant to the terms of this lease, with unpaid
~-_---------. .
interest thereon, costs of suit and attorney's f~:amour\ting to fifteen (15'1~cent of the amount owed by
Lessee, upon which judgment or judgments one or more executions may issue forthwith, upon failure to
comply with any of the terms or conditions of this lease. lessee hereby forever waives and releases all
errors in said proceedings, waives stay of execution, the right of inquisition and the extension of time of
payment. An affidavit filed by any authorized representative of Lessor shall be conclusive evidence by
Lessee's default hereunder. No single exercise of the foregoing power to confess judgment shall be
deemed to exhaust the power whether or not such exercise shall be held by any court to be invalid, voidable
or void, but judgment may be confessed as aforesaid from lime to time as often as any of said rent or other
charges shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the
I original term and during any extension or renewal of this lease.
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5
Lessee hereby warrants that its annual. income exceeds $10,OElQ.00.tC:.
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AlV .../Ib ,/Wi
tv Voodt" Inc.
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14. CONFESSION OF JUDGMENT FOR POSSESSION.
If Lessee violates any terms in this lease, either during the original term of this lease or any renewal
or extension thereof, and also when, and as soon as the term hereby created or any extension thereof shall
have expired, it shall be lawful for any attomey, as attorney for Lessee, to'sign an agreement and file and
enter in any competent court an amicable action for judgment in ejectment against Lessee and, for and
against all persons claiming under Leased Premises for which this lease shall be sufficient warranty,
whereupon, if Lessor so desires a writ of possession and, provided that if for any reason after such action~"
',:7"\
shall have been commenced, and same shall be determined and possession of the Leased Premises herebl!h
demised remains in or thereby be restored to Lessee, Lessor shall have the right upon any future default or
defaults or upon the termination of this lease as herein set forth, to bring one or more amicable action or
actions as herein set forth, to recover possession of said Leased Premises or any part thereof.
',t
In any amicable action of ejectment, Lessor shall first cause to be filed an affidavit made by it or by
someone for it and on its behalf, setting forth the facts necessary to authorize the entry of judgment, of which
facts such affidavit shall be conclusive evidence, and if a true copy of this lease is filed in such action, it shall
not be necessary to file the original, as a warranty of attorney, notwithstanding any rule of court, custom or
practice to the. contrary. The remedies of Lessor set forth herein shall be cumulative of all rights and
remedies available hereunder or otherwise available at law or equity. No waiver by either party at any time,
express or implied, of any breach of any provisions of this lease shall be deemed a waiver of a breach of any
other provision of this lease or a consent to any subsequent breach of the same or any other provision.
~
Lessee hereby warrants that its annual income exceeds $10,000.00.
Voodoo Park, Inc.
6
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15. fiXTURES AND ALTERATIONS.
All alterations, improvements, additions or fixtures, whether installed before or after the execution of
this Lease shall remain upon the Leased Premises at the expiration or'!oonec'ennination of this Lease
and become the property of the Lessor, unless the Lessor, prior to the tennination of the Lease, gives written
notice to the Lessee to remove the same in which event the Lessee will remove such alterations,
improvements and additions and restore the Leased Premises to the same good order and condition in
which they now are in. Should the Lessee fail to do so, the Lessor may do so, and collect the cost and
expense thereof from the Lessee as additional rent.
16. INSPECTION AND ACCESS.
Lessor shall have the right at all reasonable times to go upon and inspect the Leased Premises and
every part thereof. Lessor shall also have the right during the last six (6) months of the lease tenn to show
the Leased Premises to any prospective tenant at reasonable times during office business hours.
17. FAILURE TO GIVE POSSESSION.
The Lessor shall not be liable to the Lessee for any damage which may be caused to the Lessee by
the failure of the Lessor to give possession of the Leased Premises at the time agreed upon, if said failure is
not due to any fault on the Lessor's part.
18. ASSIGNMENT AND SUBLET.
This agreement may not be assigned without the written consent of the Lessor in Lessor's sole
discretion.
19. SUBORDINATION.
This lease is and shall be subject and subordinate to the lien of any mortgage which Lessor has
placed or may place upon the Leased Premises and to alltenns, conditions, and provisions thereof, to all
.
advances made. and to any renewals, extensions, modifications, or replacements thereof. The Lessee
7
agrees to execute such reasonable documents as be necessary to insure compliance with the subordination
and further agrees to execute upon request of the Lessor an estoppel'l!lertificate certifying that this lease is in
full force and effect, the date to which rent and other charges hereunder have been paid and -other factual
matters reasonably required by Lessor.
20.
EMINENT DOMAIN.
.1
If the whole or any part of the Leased Premises shall be taken for any public or Quasi-public use
under any statute or by right of eminent domain or by private purchase in lieu thereof, Lessor shall have the
right to cause the rental payments to abate proportionately, or to terminate the lease in its entirety, at the
sole discretion of Lessor. In either such event, Lessee hereby assigns, transfers, and releases unto Lessor
all damages, rights or claims of Lessee excepting only tenant's improvements, trade fixtures, additions,
moving expenses and Lessee's actual relocation expenses. Except as aforesaid, all such condemnation
proceeds shall be the property of Lessor. Lessor shall have no right to terminate the within lease in the
event the condemnation of the Leased Premises is de minimis.
21. ALTERATIONS. No alterations shall be made in or to the Leased Premises without the
prior written consent of the Lessor, in Lessor's sole discretion, which shall not be unreasonably withheld: No
alterations shall be made except those agreed upon in the August 15'h, 2002 lease proposal attachecfhereto
as Exhibit "B"
22. SIGNS.
No signs, lights, or other attachments or fixtures shall be placed on the exterior of the Leased
I Premises, or in the interior of the Leased Premises and visible from outside the Leased Premises, unless all
such items comply with all New Cumberland ordinances and Lessor prOVides prior written approval.
23. HOLDING OVER.
In the event Lessee continues to occupy the Leased Premises after the last day of the term, and
Lessor elects to accept monthly rent therefor, a tenancy from month to month shall be created and not for
any longer period. If Lessee continues to occupy the Leased Premises after the last day of the term and
Lessor does not elect to accept monthly rent hereunder, Lessor shall be entitled to charge Lessee 150% of
8
the most recent monthly rent due hereunder until such time as Lessee shall surrender the Leased Premises
to Lessor. !I:'o
24. SUCCESSORS AND ASSIGNS.
,&'
This lease agreement shall be binding on and insure to the benefit of the successors and assigns of
the parties hereof.
25. NOTICES.
All notices, approvals, and other communications required by this lease shall be in writing and not be
effective unless hand delivered or sent postage prepaid by United States registered or certified mail, retum
receipt requested to the following address:
A.
Harry Grossman
275 Hillside Drive
New Cumberland, PA 17070
""
B.
Voodoo Park, Inc.
6th and Water Streets
New Cumberland, PA 17070
(6~ 6.0 7-9
or to such other address as either party may designate by notice given from time to time. Notices, approvals
and other communications shall be effective upon receipt or refusal by the party to which such notice,
approval or other communication is intended.
26. BROKERAGE.
Lessor and Lessee warrant to each other that no broker was instrumental or involved in any way in
negotiating this transaction except CIR. Any fees or commissions to be paid to CIR shall be paid by Seller.
27. HAZARDOUS SUBSTANCES.
(A) Lessee shall not use the Demised Premises to treat, produce, store, handle, transfer,
process,.. transport, dispose of or otherwise release any Hazardous Substances (hereinafter defined) on,
from or affecting the Demised Premises which has caused, is causing or could cause Contamination
9
(hereinafter defined). Lessee has not received any summons, citation, notice of violation, administrative
order, directive, letter or other communication, written or oral, from anr governmental or quasi-governmental
authority concerning any intentional or unintentional action or omission on the part of Lessee with regard to
Hazardous Substances on, from or affecting the Demised Premises.
(8) Lessee covenants that the Demised Premises shall be kept free of any Hazardous Substance
which is causing or could cause contamination and shall not be used to generate, manufacture, refine,
. ~t;ansport, treat, store, handle, dispose of, transfer, produce' or process any Hazardous Substance which is
'''''causing or could cause contamination. Lessee shall not cause or permit as a result of intentional or
unintentional act or omission on the part of Lessee or any subtenant the installation of any Hazardous
Substance in or on the Demised Premises or a release of any Hazardous Substance onto or from the
Demised Premises or suffer the presence of any Hazardous Substance on the Demised Premises which, in
any such case, is causing or could cause contamination. The temporary storage of waste oil, in compliance
with DEP and EPA regulations, shall be permitted under this lease. Lessee may use motor oils provided the
same are properly removed by licensed haulers.
(C) Lessee shall comply with and ensure compliance with all applicable federal, state and local
laws, ordinances, rules and regulations with respect to Hazardous Substances and shall keep the Demised
Premises free and clear of any liens imposed pursuant to such laws. ordinances, rules and regulations. If
Lessee receives any notice from any govemmental authority with regard to Hazardous Substances on, from
or affecting the Demised Premises, Lessee shall (i) immediately notify Lessor and any other person or
governmental or quasi-govemmental authority that Lessee is required to notify pursuant to any applicable
law at such time as Lessee is aware of a release or a threatened release of a Hazardous Substance on,
from or affecting the Demised Premises; (ii) immediately notify the Lessor at such time as an environmental
investigation or clean-up proceeding is instituted by any person in connection with the Demised Premises;
(m) fully comply with and assist such environmental investigation and clean-up proceeding; (iv) promptly
execute and complete any Remedial (hereinafter defined) actions necessary to ensure that no
environmental liens or encumbrances are levied against or exist with respect to the Demised Premises; and
(v) promptly, upon written request of Lessor, provide Lessor from time to time with an environmental site
assessment or report, in form and substance satisfactory to Lessor. Lessee shall conduct and complete all
investigations, studies, sampling and testing and all Remedial, removal or other actions necessary to clean
up and remove all Hazardous Substances on, from or affecting the Demised Premises in accordance with all
.
applicable federal, state and local laws, ordinances, rules, regulations and policies, to the satisfaction of
Lessor. .If Lessee shall fail to take such action, Lessor may make advances or payments towards
10
perfonnance or satisfaction of the same, but shall be under no obligation to do so; and all sums so advanced
or paid, including all sums advanced or paid in connection with any jUflicial or administrative investigation or
proceeding relating thereto, including, without limitation, reasonable attomey's fees, fines or penalty
payments, shall be immediately repayable by Lessee to Lessor and shall bear interest at the Prime Rate
hereinbefore established from the date advanced or paid by Lessor, until the date paid by Lessee to Lessor,
....
and all sums so advanced shall be considered rent. ./
(D) For the purpose of this Addendum, "Hazardous Substances" shall include, without limitation,
any flammable explosives; radioactive materials; hazardous materials; hazardous wastes; hazardous or
toxic substances; hazardous or toxic pollutant or related materials; asbestos or any material containing
asbestos; or any other substance, mixture, waste, compound, material,. element, product or matter as
defined by any federal, state or local environmental law, ordinance, rule or regulation, including, without
limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended (49 U.S.C. Sections 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C.
Sections 9601, ~.),the Clean Streams Law, as amended (35 P.S. Sections 691.101 et seq.), the Solid
Waste Management Act. as amended (35 P.S. Sections 6801.101, et seq.), and in the regulations adopted
and publications promulgated pursuant thereto at any time.
(E) Lessee agrees to defend, indemnify and hold Lessor hannless from and against any losses,
expenses, liabilities and claims arising from any breach or default by Lessee of the representations or
obligations under this lease, including, without limitation, reasonable attomey's fees. Nothing herein shall
create liability on the part of Lessee for any conditions or contamination that Lessee did not cause and to
I which Lessee did not contribute.
(F) The obligations and liabilities under this section shall survive the tennination of this lease.
(G) For the purposes of this section, the tenn "contamination" shall mean the uncontained
presence of Hazardous Substances on the Demised Premises or arising from the Demised Premises which
may require Remedial action under applicable law.
(H) The tenn "Remedial" shall mean, without limitation, (i) clean-up or removal of Hazardous
Substances; (Ii) such actions as may be necessary to monitor, assess or evaluate the release or threatened
release of Hazardous Substances; (iii) the proper disposal or release of Hazardous Substances; (Iv) the
11
taking of such other actions as may be necessary to prevent, minimize or mitigate the damages caused by a
release or threatened release of hazardous substances to the public htlalth or welfare or to the environment.
28.
CAPTIONS.
~
..'
The captions appearing on the lease are inserted only as a matter of convenience and in no way
define. limit. construe, or describe the scope of such articles of this lease or in any way effect this lease.
29. PENNSYLVANIA LAW.
The terms of this lease shall be interpreted in accordance with Pennsylvania law and shall be
litigated in Cumberland County, Pennsylvania.
30. JOINT AND SEVERAL LIABILITY.
Each individual signing this lease shall bear joint and several liability for all sums due, including all
, rental payments, interest, attomey fees and damages, if any.
31, FULL POWER AND AUTHORITY.
The undersigned represent and warrant that they have full power and authority to execute this lease
on behalf of Lessor and Lessee and to legally bind Lessor and Lessee to the terms thereof.
32. INSPECTION.
It is understood that Lessee has inspected the property or hereby waives the right to do so, and has
agreed to lease it as a result of such inspection and because of or reliance upon any representation made
by the Lessor or any partner or employee of Lessor. Lessee has agreed to lease it in its present condition
unless otherwise specified herein.
IN WITNESS WHEREOF, the parties have caused this lease to be executed the day and year first
above written.
12
I
Witness
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itness '4
c;;?t1l
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LESSOR: ,
BY: ,J '",
:ff7 Harry Grossman
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BY: ,/1_~, iJ<::h~~
'zy Grossman
LESSEE:
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TOTl'L P.04
November ---' 2002
GUARANTY AGREEMENT !>'-
The Undersigned, Michael DeCavalcante and Eric Montgomery individually and jointly, hereby
unconditionally agree to make prompt payment of all obligations, indebtedness and liabilities (as limited
hereunder) due Harry and Suzy Grossman hereinafter called "Lessor", of any kind, whether now existing
or hereafter arising, due or which may become due, whether by accelerat'llln or otherwise, absolute or
contingent, joint or several, direct or indirect, secured or unsecured by Voodoo Park, Inc. ("Lessee") a
registered Pennsylvania Corporation, bereinafter called "Lessee", in connection with the Lease for real
estate situate at 6" and Water Streets, New Cumberland, PA, all such obligations beinghereinafteT further
described and collectively called the "Liabilities", and the Undersigned agree(s) to pay all reasonable
expenses (including reasonable attorney's fees and legal expenses) paid or incurred by the Lessor in
endeavoring to collect the Liabilities, or any part hereof, whether or not bankruptcy has been declared, and
in enforcing this Guaranty Agreement.
The Liabilities shall be limited to no more than six (6) months rent as defined in the Lease
agreement between Voodoo Park, Inc. and Lessor. The Undersigned hereby represent that the Lessee has
the ability to make the monthly rental payments as defined in the Lease as well as comply with all other
obligations.
The Undersigned hereby waive all notices of any character whatsoever with respect to this Guaranty
Agreement and the Liabilities of the Lessee for which the Guaranty Agreement has been executed, including
but not limited to notice of the acceptance hereof and reliance hereon except notice of default by the Lessee.
This Guaranty Agreement shall in all respects be a continuing, absolute and unconditional one, and
shall remain in full force and effect (notwithstanding without further limitation, the death, incompetency or
dissolution of any of the Undersigned or that at any time or from time to time all Liabilities may have been
paid in full). Lessor may recover the entire amount of the obligations from the Undersigned, or any of
them. Lessor has no obligation to pursue the Lessee or to pursue all of the Undersigned. Lessor may release
any of the Undersigned or the Lessee while still pursuing recovery against the remaining Undersigned party
or parties for the full amount.
Upon default of the Borrower, after notice to the Undersigned and failure to cure, the Undersigned,
individually and jointly, do hereby authorize and empower any prothonotary or clerk or attorney of any
court of record of Pennsylvania or elsewhere, to appear for and confess judgment against any or all of the
Undersigned and in favor of Lessor for the total liability of the Undersigned as set forth herein together with
interest thereon, with or without declaration, with costs of suit, release of errors, without stay of execution
and attorney's fees in the amount of 20% of the unpaid balance, and waive the right of inquisition, and the
benefit of all exemption laws no r hereafter enacted, and agree to condemnation and the sale of real estate
oc,...w ,mp :r~ #-'
Witness . ~/ Mic'fl!:el
<4cdl
Witness
1
If a photostatic copy hereof shall have been filed in any of sala proceedings, it shall not be
necessary to file the original as a warrant of attorney. The foregoing warrant and power to confess judgment
shall not be deemed to have been exhausted by any single exercise thereof, whether or not any such exercise
shall be held by any court to be invalid, voidable or void, but may be exercised from time to time, as often
as the Lessor shall elect, until all sums payable or that may become payable by each of the Undersigned
have been paid in full. "':
..'
This Guaranty Agreement shall be binding upon the Undersigned, and upon the heirs, legal
representatives, successors and assigns of the Undersigned. If more than one party shall execute this
Guaranty Agreement the term "Undersigned" as used herein shaU mean aU parties executing the Guaranty
Agreement and each of them, and all such parties shall be jointly and severally obligated hereunder.
This Guaranty Agreement shall be construed in accordance with and govemed by the laws of the
Commonwealth of Pennsylvania. Wherever possible each provision of this Guaranty Agreement shall be
interpreted in such manner as to be effective and valid under applicable laws but if any provision of this
Guaranty Agreement shaU be prohibited by or invalid under such law, such provision shall be ineffective to
the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this Guaranty Agreement.
INTENDING TO BE LEGALLY BOUND HEREBY, the Undersigned have set their respective
hands and seals the day and year first above written.
Signed, sealed. and De71ivcred..
i t~c PFC3Gu .
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02636 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GROSSMAN HARRY ET AL
VS
VOODOO PARK INC ET AL
ROBERT BITNER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within CONFESSION OF JUDGE
was served upon
DECAVALCANTE MICHAEL
the
DEFENDANT
, at 1545:00 HOURS, on the 28th day of June
, 2004
at 2926 LINCOLN ST
CAMP HILL, PA 17011
by handing to
MICHAEL DECAVALCANTE
a true and attested copy of CONFESSION OF JUDGE
NOTICE UNDER RULE 2958.1 JUDGE/EXEC,
together with
COMP FOR CONFESSION - MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
10.35
.00
10.00
.00
26.35
.?,,"~~,*,<: /~
R. Thomas Kline
06/30/2004
DAVID LANZA
Sworn and Subscribed to before
BY:~L +~jJJ
I ~ Sheriff
me this YO'::. day of
~;Ltr/)'f A.D.
~-<- Q, ~ J.f'
P othonotary J
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02636 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GROSSMAN HARRY ET AL
VS
VOODOO PARK INC ET AL
BRIAN BARRICK
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within CONFESSION OF JUDGE
MONTGOMERY ERIC
was served upon
the
DEFENDANT
, at 0840:00 HOURS, on the 29th day of June
2004
at 625 ALLEN ST
CAMP HILL, PA 17011
ANDREA MONTGOMERY, WIFE
by handing to
a true and attested copy of CONFESSION OF JUDGE
together with
NOTICE UNDER RULE 2958.1 JUDGE~EXEC,
COMP FOR CONFESSION - MONEY DAMAGES
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
11.73
.00
10.00
.00
27.73
Sworn and Subscribed to before
me this rye day of
~ .2uuL( A.D.
n ..0, Tvt-fb.. ~
'----'ht'thonotary ,
So
Answers:
-r:7/
;;,,~ ^"w;~",,:di_~~~'
0,1 ?/ ,".".' . -' ........--- ..... .
~$
,'i- ,"',r ,
/. ._.(~:',.f_---'~
R. Thomas Kline
06/30/2004
DAVID LANZA ~ r"\
By: JI1t4o fII,
Deputy Sheriff
. .
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02636 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GROSSMAN HARRY ET AL
VS
VOODOO PARK INC ET AL
CPL. TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within CONFESSION OF JUDGE
was served upon
VOODOO PARK INC
the
DEFENDANT
, at 1450:00 HOURS, on the 21st day of June
, 2004
at 6TH AND WATER STREETS
NEW CUMBERLAND, PA 17070
by handing to
KEVIN CASSAR, ADULT IN CHARGE
a true and attested copy of CONFESSION OF JUDGE
together with
NOTICE UNDER RULE 2958.1 JUDGE/EXEC,
COMP FOR CONFESSION - MONEY DAMAGES
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
11.73
.00
10.00
.00
39.73
r~~
R. Thomas Kline
06/30/2004
DAVID LANZA
c:."'::.
me this I
day of
By' ~?~
Sworn and Subscribed to before
a-Do'f A.D.
0. 7n, Q..O,,, 1\ L-r-
o honotary , ..".,.,
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.c.P. 3101 to 3149 Etc.
Harry and Suzy Grossman
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Writ No.
Tenn,20
vs.
No.
04-2636 Civil Tenn_
Voodoo Park. Inc.. Michael DeCavalcante and Eric
Montgomery
Amount Due
$ 161.387.36
Interest From
June 1. 2004
Costs
$34.25
TO THE PROTHONOTARY OF SAID COURT: Please issue WRIT OF EXECUTION in the above matter,
(I)
(2)
Directed to the Sheriff of
Cumberland
County, Pennsylvania;
Against
Voodoo Park. Inc.. Michael DeCavalcante
6" and Water Streets, New Cumberland. PA 17070
Defendant (s);
(3)
(4)
and against
Garnishee (s);
and index this writ
(a) against Voodoo Park. Inc.. Michael DeCavalcante
6"' and Water Streets. New Cumberland. P A 17070
Defendant (s); and
(b) against
Garnishee (s),
as a lis pendens against the real property of the Defendant (s) in the name ofthe Garnishee (s) as follows:
(Specifically describe property)
Levy upon. attach and sell all personal property of the Defendant, Voodoo Park, Inc.. including
all furniture, household goods. appliances, equipment, computers, cash registers, electronic
equipment, inventory, tools and other moveable personalty situate at 6" and Water Streets, New
Cumberland, P A 17070
Levy upon, attach and sell all personal property of the Defendant, Michael DeCavalcante..
including all furniture, household goods, appliances, equipment. computers, cash registers,
electronic equipment, inventory, tools and other moveable personalty situate at 2926 Lincoln
Street, CampHil/, PA 170/1
(5)
Exemption has (not) been waived.
9/11 [0'-(
;U(/~
Attorney for Plaintiff(s)
Date:
:56-1
NOTE
Under paragraph (I) when the writ is directed to the sheriff of another county as authorized by Rule 31 03(b), the county should be
indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued.
Paragraph (3) above should be completed only if a named garnishee is to be included in the writ.
Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule
3104(a). When the wrjt issues to another county indexing is required as of course in that county by the prothonotary. See Rule 31 04(b).
t
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
NO 04-2636 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HARRY AND SUZY GROSSMAN, Ptaintiff (s)
From VOODOO PARK, INC., MICHAEL DECA V ALCANTE AND ERIC MONTGOMERY
(I) You are directed to levy upon the property of the defendant (sland to sell LEVY UPON ATTACH
AND SELL ALL PERSONAL PROPERTY OF THE DEFENDANT, VOODOO PARK INC.,
INCLUDING ALL FURNITURE, HOUSEHOLD GOODS, APPLIANCES, EQUIPMENT,
COMPUTERS, CASH REGISTERS, ELECTRONIC EQUIPMENT, INVENTORY, TOOLS AND
OTHER MOVEABLE PERSONAL TY SITUATE AT 6TH AND WATER STREETS, NEW
CUMBERLAND, PA 17070 AND LEVY UPON, ATTACH AND SELL ALL PERSONAL
PROPERTY OF THE DEFENDANT, MICHAEL DECA V ALCANTE, INCLUDING ALL
FURNITURE, HOUSEHOLD GOODS, APPLIANCES, EQUIPMENT, COMPUTERS, CASH
REGISTERS, ELECTRONIC EQUIPMENT, INVENTORY, TOOLS AND OTHER MOVEABLE
PERSONALTY SITUATE AT 2926 LINCOLN STREET, CAMP HILL, PA 17011
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachmenl has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the acconn! of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendanl(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 helshe has been added as a
garnishee and is enjoined as above stated.
AmountDue $161,387.36
Interest JUNE 1, 2004
Atty's Comm %
Atty Paid $139.81
Plaintiff Paid
Dale: AUGUST 25, 2004
L.L. $.50
Due Prothy $1.00
Other Cosls
(Seal)
CURTIS R. LONG
Prothonot;q ~
___By: ,t& Q/)J' - P . / (C-Vl/ iU
Depuly
REQUESTING PARTY:
Name DAVID J. LANZA, ESQUIRE
Address: 2157 MARKET STREET
CAMP HILL, PA 17011
Attorney for: PLAINTIFF
A. THOMAS KLINE
Sheriff
RONNY R. ANDERSON
Chief Deputy
EDWARD L. SCHORPP
Solicitor
OFFICE OF THE SHERIFF
JODY S. SMITH
Real Estate Deputy
One Courthouse Square
Carlisle, Pennsylvania 17013
October 15,2004
Harry and Suzy Grossman
vs
Voodoo Park, Inc., Michael Decavalcante,
Eric Montgomery
No. 2004-2636 Civil Term
Property Claim Determination
Dear Sir,
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Reference is made to Property Claim dated October 7, 2004, entered ,:gB
by Lisa Decavalcante, pertaining to Writ of Execution No. 2004-2636 Civil Term;;;."
Harry and Suzy Grossman -vs- Voodoo Park, Inc., Michael Decavalcante, Eric ~:':
Montgomery. ~: >:)
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R. Thomas Kline, Sheriff, has determined that the claimant, Lisa Decavalc<iB,'te, to;-;>
in the above mentioned property claim, is prima facie the owner ofthe property seRbrtIt2
therein.
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R. Thomas Kline, Sheriff
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David Lanza, Atty for Pltff
cc: Voodoo Park, Inc., Deft
Michael Decavalcante, Deft
Lisa Decavalcante, Claimant
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PROPERTY C;'AIM
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001 ~ :2&.'3((;
(! I V/L
~arrT and Suzy Grossman'
Plaintiffs
YS
Voodoo Park, Inc.
Michael DeCavalcante and
~rlc Montgomery,
Defendants
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
The property listed below and levied upon in this case is not the property of the defendant, but is the property of the
undersigned. A list of the claimed property and the values thereof are:
LIST OF PROPERTY
VALUE
See Attached List
THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS:
All property owned by the Defendant Michael DeCavalcante is owned with
h1S w1te Lisa since their marriaqe on January 27, 1996 as tenants
by the entireties. '
Date October 7, 2004
State of Pennsylvania:
County of Cumberland
Claimant~.,<~~~.
SUbSCrib~fi r.e me f
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RENEE L. MURRAY, N
Cartisle Bora, Cumb8l1and
. My Commission Expires 0
being duly sworn according to law, deposes and says that the
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lallnant
above list in the property claim are correct and true.
,
List of Property Value
UR Sofa $25
Chair 150
Rug 400
Pictures (6) Total 300
Televsion 1990 150
VCR 1989 10
F/R Sectional Sofa 500
Chair 50
Coffee/End Table 50
Misc. Furniture 200
Pictures (3) Total 600
D/R Table 500
Chairs (6) Total 500
Buffet 500
Pictures (3) Total 300
Kitchen Bar Stools 500
Microwave 25
Utensils 150
Pols/Pans 50
Refrigerator 1987 100
Stove Unit 500
Washer 1985 100
Dryer 1985 100
Freezer 1979 100
Blender 10
Coffee Pot 50
Toaster 10
Telephones 50
1bedroom Bed 500
Dresser 500
Chair 200
Bureau 200
Night Stand (2) total 250
Phone 10
2bedroom Bed 500
Dresser 500
Chair 500
Lamp 25
Clock 5
3bedroom Bed 25
Dresser 150
.
.
List of Property
Garage Push Mower
Power Drill
Bicycles (2) total
Camping Equipment
Basement Band Saw
Ping Pong Tabel
Bread Machine
Misc. Cherry(look) Cabinet
Entertainment Center
Computer system
Fax Machine, Printer
Electonic Keyboard
Wooden Wardrobe
Cherry Desk
Vaccuum Cleaner 1989
Value
$50
50
350
75
75
20
10
150
200
350
75
75
300
1300
25
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RONNY R ANDERSON
Chief Deputy
R THOMAS KLINE
Sheriff
EDWARD L. SCHORPP
Solicitor
OFFICE OF THE SHERIFF
JODY S. SMITH
Real Estate Deputy
One Courthouse Square
Carlisle, Pennsylvania 17013
November 24, 2004
J
Harry and Suzy Grossman
vs
Voodoo Park, Inc. and Michael
Decavalcante
No. 2004-2636 Civil Term
Property Claim Determination
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Dear Sir,
Reference is made to Property Claim dated November 15, 2004, entered
by Carlos Baiza, pertaining to Writ of Execution No. 2004-2636 Civil Term,
Harry and Suzy Grossman -vs- Voodoo Park, Inc. and Michael Decavalcante.
R. Thomas Kline, Sheriff, has determined that the claimant, Carlos Baiza, in the
above mentioned property claim, is prima facie the owner of the property set forth
therein.
So Answers:
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R. Thomas Kline, Sheriff
By('j cud-;,,- q !?xuLdoceLq/
Harry Grossman, Pltff
cc: Suzy Grossman, Pltff
Voodoo Park, Inc., Deft.
Michael Decavalcante, Deft.
Carlos Baiza, Claimant
PROPERTY CLAIM
In the Court of Common Pleas of
Cumberland County~ Pennsylvania
Harry and Suzy Grossman,
Plaintiffs
VS.
Voodoo Park. Inc.
Miehael DeCavalcante and
Eric Montgomery
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
The property listed below and levied upon in this case is not the property of the defendant, hut is the property of
the undersigned. A list of the claimed property and the values thereof are;
LIST OF PROPERTY VALUE
32 foot wide, 12 foot tall, 40 foot long, vertical N/A
~:~~~~~--------------------------------------------~l~~_~_C2_c.)_______________________
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THE CLAIMANT OBTAINED TITLE TO TIlE PROPERTY AS FOLLOWS,
The above property was obtained by Carlos M. Baiza in 1990. He had a lease agreement with the
defendants.
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Not h
Notarial Seal
Joseph W. Souders, Notary Public
Susquehanna Twp.. Dauphin Counly
My Commission Expires Feb. S, 200S
Member j.)<:>'-!'l.!'''''l''': U<'~f"r,..."pt\on at Notaries
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states that a
Sheriff s Sale of personal property was held on Thursday, December 2, 2004 at which
time the personal property of Voodoo Park, Inc. and Michael Decavalcante, was sold to
Harry Grossman, of, 275 Hillside Drive, New Cumberland, PA 17070, for the sum of
$1.00, it being the highest bid and best price quoted for the same. Date and Time of
Sale, Thursday, December 2, 2004 at, 11:00 A.M.E.D.S.T., at, 6th and Water Streets, New
Cumberland, Pennsylvania, 17070. This writ is returned Abandoned, no action taken in
six months.
Sheriffs Costs:
Dockcting
Poundage
Advertising
Law Library
Prothonotary
Milage
Surcharge
Levy
Post Pone Sale
Gamishee
TOTAL
$
\8.00
2.64
10.00
.50
1.00
22.20
'40.00
40.00
Pd by Defendant
$ 134.34
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Sworn and Subscribed to before me
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This 5q: day of 94
2005 A.D. n..., L j) /h,:.1 fL, ; 1if4
ful{h'6notary
R. Thomas Kline, Sheriff
By oJ a.uJu ~ Ef\.o...uJbcJCL(
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SHERIFF'S SALE
BY VIRTUE OF WRIT OF EXECUTION NO. 2004-2636 CIVIL TERM ISSUED OUT
OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A, AND
TO ME DIRECTED, I WILL EXPOSE TO PUBLIC SALE ON THURSDAY THE 2ND
DAY OF DECEMBER 2004 AT 11:00 A.M., THE PROPERTY OF VOODOO PARK,
INC. AND MICHAEL DECA V ALCANTE, AT, 6TH AND WATER STREETS, NEW
CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
THE FOLLOWING PROPERTY TO WIT:
WOODEl ~ R&vIl'
MISC. PLYWOOD SECTIONS (25)
~ISC. SECTIONS OF FRAMING AND WOOD
'R1\MP STRUCTURE&k23J.2J.....
STAND ALONE TELEVISION (ZENITH)
RESTAURANT STYLE DINNER TABLES (6)
TOOLBOX
PLASTIC GARBAGE CANS (2)
PLASTIC CASE W /3 DRAWERS
VCR
STEREO SYSTEM (AIW A)
FLOOR FAN
MISC. PADS (KNEE, ELBOW, HELMET)
I BOX MISC. CLIMBING GEAR
WETIDRY V AC
MICROWAVE
CIRCULAR SAW (2)
KEROSENE FLOOR HEATER
SAW HORSES (2)
UNIVERSAL GYM SET
ORANGE TRAFFIC CONE
MISC. WOODEN SKATEBOARDING RAMPS
PUSH BROOM
CROW BAR
MISC. CARPET REMNANTS
CASH REGISTERS (2)
THERMOS
TELEVISION (HITACHI)
SPEAKERS (3)
EXTENSION LADDER
PATIO TABLE
WALL CLOCK
1 ROLL OF FENCING
PLASTIC CONTAINER
GAS CANS (2)
FLOOR DOLLY
COUCHES
PLASTIC TRASH CANS
HAMMER
FAN BLOWER (2)
WEIGHT BENCH
(A)
ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH
THE SHERIFF BEFORE THE SALE, ALONG WITH THE PRESCRIBED FEE
OF FIFTY-FIVE DOLLARS ($55.00)
(B)
ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF
BEFORE DISTRIBUTION.
(C)
THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED IN HIS
OFFICE ON THE 7TH DAY OF DECEMBER 2004 NOT LATER THAN FIVE
(5) DAYS AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN
ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED
WITHIN THE TEN (10) DAYS THEREAFTER.
TOGETHER WITH ALL THE BALANCE OF THE DEFENDANT'S PERSONAL
PROPERTY SEIZED AND TAKEN IN EXECUTION AS PROPERTY OF VOODOO
PARK, INC. AND MICHAEL DECA V ALCANTE, AT, 6TH AND WATER STREETS,
NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
AND TO BE SOLD BY:
R. THOMAS KLINE, SHERIFF
CUMBERLAND COUNTY SHERIFF'S OFFICE
CARLISLE, PA 17013
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POSTED II AJ Iff 'I j 'f IV tlf-
CUMBERLAND COUNTY'
SHERIFF'S OFFICE
CARLISLE, PA 17013
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that due
and legal notice having been given according to law, he sold the personal property
of Voodoo Park, Inc. and Michael Decavalcante, by handing to Harry Grossman,
of275 Hillside Drive, New Cumberland, Pennsylvania 17070, for the sum of
$1.00, it being the highest bid and price quoted for the same. Date and Time of
sale, Thursday, December 2,2004, at 11 :00 A.M.E.D.S.T., at 6th and Water
Streets, New Cumerland, Pennsylvania.
this
day of
;~~~
R. Thomas Kline, st:f!- "
By e .~ QtiJ,o-- BN.LLhJ~ ('
Sworn and Subscribed to before me
2005 A.D.
Notary Public