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HomeMy WebLinkAbout11-5622REED-OFFICE "'- THE' PROTHONOTARY 20 i 1.!UL 12 A 411: 2 6 CUMBERLAND COUNTY PENNSYLVANIA REAGER & ADLER, P.C. Thomas O. Williams, Esquire Attorney I.D. No. 67987 TWilliams@ReagerAdlerPC.com Wayne S. Martin, Esquire Attorney I.D. No. 208078 WMartin@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 : IN THE COURT OF COMMON PLEAS OF Szeles Real Estate Development Co., L.P., CUMBERLAND COUNTY Plaintiff PENNSYLVANIA V. Civil Action Heritage Wealth Advisors, LLC, Defendant No. - s? as ct v? I Confession of Judgment in Ejectment CONFESSION OF JUDGMENT IN EJECTMENT Pursuant to the authority in the Warrant of Attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in ejectment in favor of the Plaintiff and against Defendant for possession of the real property described as follows: Premises located at Anchor Place, 645 N. 12`n Street, Lemoyne, Cumberland County, Pennsylvania 17043. aot4 salsa H QY-1 ?,.?- aac?a? 1??I7E3 led REAGER & ADLER, P C. Date: July 11, 2011 Thomas O. lliams, Esquire Attorney I.D. No. 67987 Wayne S. Martin, Esquire Attorney I.D. No. 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 3 T c N 1TA,?jf iz_ r: CUMI1"3ER1 _AN COUNTY R d SYL'IANIA REAGER & ADLER, P.C. Thomas O. Williams, Esquire Attorney I.D. No. 67987 TWilliarns@ReagerAdlerPC.com Wayne S. Martin, Esquire Attorney I.D. No. 208078 WMartin@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff Szeles Real Estate Development Co L.P. : IN THE COURT OF COMMON PLEAS OF Szeles Real Estate Development Co., L.P., CUMBERLAND COUNTY Plaintiff PENNSYLVANIA V. Civil Action Heritage Wealth Advisors, LLC, Defendant No. I, s? as C. (V? Confession of Judgment in Ejectment COMPLAINT IN CONFESSED JUDGMENT FOR POSSESSION OF REAL PROPERTY 1. Plaintiff, Szeles Real Estate Development Co., L.P. (hereinafter "Szeles"), is a limited partnership doing business under the laws of the State of Delaware, with its principal place of business located at 945 East Park Drive, Suite 201, Harrisburg, Pennsylvania 17111- 2804. 2. Defendant, Heritage Wealth Advisors, LLC (hereinafter "Heritage"), is a Pennsylvania limited liability company with an address of 645 North 12th Street, Lemoyne, Pennsylvania 17043. 3. This matter is an action to confess judgment for possession of real property arising out of Heritage's default under the terms of a commercial lease agreement (hereinafter the "Lease Agreement") entered into between Szeles and Heritage on or about April 5, 2011. A true and correct copy of said Lease Agreement is attached hereto and incorporated herein, as Exhibit "A". 4. The Warrant of Attorney is contained in paragraph 25 of the Lease Agreement. Judgment is not being entered by confession of judgment against a natural person in connection with a residential lease. 6. The property at issue is an office of the Defendant located at Anchor Place, 645 N. 12th Street, Lemoyne, Cumberland County, Pennsylvania 17043. 7. Heritage has defaulted under the terms of the Lease Agreement by failing to pay for rent and late charges pursuant to the terms of the Lease Agreement. 8. Heritage currently owes Szeles $19,829.60 for past due rent and late charges pursuant to the terms of paragraph 5 of the Lease Agreement. 9. Judgment in ejectment and for possession of the real property at issue is demanded as authorized by the Warrant of Attorney contained in the Lease Agreement attached as Exhibit "A". 10. The Lease Agreement under which judgment is being confessed has not been assigned. 2 11. Judgment is not being entered by confession of judgment against a natural person in connection with a consumer credit transaction. 12. The Warrant of Attorney appearing in the attached Lease Agreement is less than twenty (20) years old. 13. Szeles has taken all actions or complied with all conditions precedent to the filing of this action. WHEREFORE, Plaintiff, Szeles Real Estate Development Co., L.P., demands judgment in ejectment against Defendant, Heritage Wealth Advisors, LLC, and for possession of the premises located at Anchor Place, 645 N. 12th Street, Lemoyne, Cumberland County, Pennsylvania 17043 as authorized by the Warrant appearing in the attached Lease Agreement. REAGER C Date: July 11, 2011 Thorn s . Williams, Esquire Attorney I.D. No. 67987 Wayne S. Martin, Esquire Attorney I.D. No. 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff STANDARD OFFICE LEASE THIS LEASE is made between Landlord and Tenant named below. 1. THE PARTIES. A. The name and address of Landlord is: Szeles Real Estate Development CO, L.P. 945 East Park Drive, Suite 201 Harrisburg, Pennsylvania 17111-2804 B. The name and address of Tenant is: Heritage Wealth Advisers 645 North 1211, Street Lemoyne, PA 17043 2. BUILDING AND PREMISES. A. The name and address of the Building in which the Premises will be located is: Anchor Place 645 North 12111 Street Lemoyne, PA 17043 B. The premises covered by this Lease are described as follows: 1 st Floor: 2500 rentable square feet. 3. RELOCATION OF PREMISES. A. Landlord may, at its option, before or after the Commencement Date, elect by written notice ("Relocation Notice") to Tenant to substitute for the Premises other office space as designated by Landlord in the Building ("Substitute Premises"), provided that the Substitute Premises contains at least the same usable square foot area as the Premises and has a configuration substantially similar to that of the Premises. The Relocation Notice shall be accompanied by a plan of the Substitute Premises, and such notice or the plan shall set forth the usable square foot area of the Substitute Premises. Tenant shall vacate and surrender the Premises and shall occupy the Substitute Premises promptly (and, in any event, not later than fifteen (15) days after (i) Landlord has substantially completed the work to be performed by Landlord in the Substitute Premises, if any, pursuant to Paragraph 3(b) or (ii) the date of the Relocation Notice. Tenant shall pay the same Rent, Additional Rent and all other charges with respect to the Substitute Premises as were payable with respect to the Premises without regard to the usable square foot area of the Substitute Premises. B. Tenant shall not be entitled to any compensation for any inconvenience or interference with Tenant's business nor to any abatement or reduction of Rent, Additional Rent or any other charges due under the Lease, [but Landlord shall, at Landlord's expense, do the following: (i) furnish and install in the Substitute Premises fixtures, equipment, improvements and appurtenances at least equal in kind and quality to those contained in the Premises as of the date of the Relocation Notice; (ii) promptly reimburse Tenant for Tenant's actual and reasonable out-of-pocket costs incurred by Tenant in connection with the relocation of any telephone or other communications equipment from the Premises to the Substitute Premises]. Tenant agrees to cooperate with Landlord so as to facilitate [the prompt completion by Landlord of its obligations, if any, under this Paragraph 3 and] the prompt surrender by Tenant of the Premises. Without limiting the generality of the preceding sentence, Tenant agrees (i) to provide to Landlord promptly any approvals or instructions and any plans and specifications or any other information reasonably requested by Landlord and (ii) to promptly perform in the Substitute Premises any work to be performed. therein by Tenant to prepare the same for Tenant's occupancy. C. From and after the date that Tenant shall vacate and surrender the Premises to Landlord, this Lease (i) shall no longer apply to the Premises, except with respect to obligations which accrued on or prior to such date and (ii) shall apply to the Substitute Premises as if the Substitute Premises had been the space originally demised under this Lease. 4. TERM. The term of this Lease begins on March 1, 2011. The term of this Lease ends on February 28, 2016. A. If Tenant fails to notify the Landlord in writing twelve (12) months prior to the expiration of this lease that it intends to vacate the premises upon the expiration date of the Lease, Landlord may terminate this Lease upon expiration. If Tenant fails to give such notice, and Landlord does not exercise Landlord's option to terminate this Lease, this Lease will be automatically renewed for another twelve (12) month term at a rental rate to be determined by the Landlord, not to exceed two (2) dollars per square foot over the square foot rental rate the Tenant is paying during the last month of the original lease term. B. The occupancy date set forth in this paragraph is contingent upon (i) the prompt review and approval by any federal, state and local governments or -2- quasi-governmental authorities (the "Authorities") having jurisdiction over the Premises of the plans and specifications for construction of Exhibit "A". Any delay of the Authorities ("Delay") shall not give rise to any cause of action in favor of Tenant and against Landlord, nor shall any Delay entitle the Tenant to terminate the Lease. Landlord shall not be responsible for any loss, claim, damage or expense of any nature whatsoever arising out of any Delay, and Tenant waives all claims arising out of any Delay. If the occupancy date cannot be met because of any Delay, the parties agree to execute a written modification of the Lease setting forth a new occupancy date and extending the term of the Lease accordingly. 5. RENT. The yearly base rent is &42,492.00 payable in equal monthly , installments of $3,54 1.00 subject to adjustment as outlined in Paragraph 28 (the "Base Rent"). Base Rent, "Additional Rent" as defined and set forth hereinafter at subparagraphs 5(A) and 5(B), and all other charges are due on the first of each month and shall be paid to the Landlord without notice or demand and without abatement, deduction or setoff. A. ADDITIONAL RENT ATTRIBUTABLE TO LATE CHARGES. In the event Landlord receives rent payment five (5) days after due date, Landlord shall be entitled to assess and collect, as Additional Rent, a late charge of ten (10%) percent of such total monthly installment (including Base Rent, all Additional Rent, and all other charges due) and an additional ten (10%) percent for each and every month the balance remains unpaid. B. ADDITIONAL RENT ATTRIBUTABLE TO INCREASED OPERATING EXPENSES. 1) The following terms shall have the following meanings: (a) "Operating Expenses" shall mean the costs and expenses paid or incurred by Landlord in connection with the management, operation, maintenance and repair of the Building, including, without limitation: (i) the cost of heating ventilation, air conditioning, electricity, gas, water, sewer service, mechanical, elevator, and other systems and all other utilities, and the cost of supplies and equipment and maintenance and service contracts in connection therewith directly servicing the Premises or common areas, except to the extent paid directly by Tenant to the applicable utility; (ii) the cost of repairs, replacements, maintenance, including, without limitation, other service agreements and trash removal; -3- (iii) the cost of fire, extended coverage, boiler, sprinkler, apparatus, public liability, property damage, rent, earthquake, and other insurance as Landlord carries; (iv) a reasonable management fee of 4% of gross rents; (v) the cost of any capital improvements made to the Building after the date of this Lease intended to effect economics in the operation or maintenance of the Building (amortized over such reasonable period as Landlord shall determine), together,with interest on the unamortized balance(s) at the rate of ten percent (10%) per annum or such other market rate as may actually be payable by Landlord on funds borrowed for the purpose of constructing such capital; (vi) the cost of any capital improvements made to the Building after the date of this Lease that is required under any governmental law or regulation that was not applicable to the Building at the date of this Lease (amortized over such reasonable period as Landlord shall determine), together with interest on the unamortized balance(s) at the rate of ten percent (10%) per annum or such other market rate as may actually be payable by Landlord on funds borrowed for the purpose of constructing such capital improvements; (vii) the cost of supplies, materials, equipment, and tools used in the management, operation, maintenance and repair of the Building, including, without limitation, any rental fees; (viii) all costs and fees for licenses, inspections, or permits that Landlord may be required to obtain; (ix) exterior landscaping; (x) reasonable fees, costs, and disbursements incurred in connection with proceedings to contest, determine, or reduce Operating Expenses or Real Estate Taxes; and (xi) business privilege taxes payable by Landlord in connection with the Building and Landlord's business with respect thereto. (b) "Comparison Year" shall mean, as to Operating Expenses, each calendar year after the Operating Costs Base Year and, as to Real Estate Taxes, each calendar year after the Real Estate Tax Base Year. -4- (c) "Excess Real Estate Taxes" with respect to a given Comparison Year shall mean the excess of Real Estate Taxes for that Comparison Year over Real Estate Taxes for the Real Estate Tax Base Year. The calculation of Real Estate Taxes for the Base Year and of Excess Real Estate Taxes for any Comparison Year shall assume that such taxes were paid within any applicable period for obtaining a discount thereof. (d) "Excess Operating Expenses" with respect to a given Comparison Year shall mean the excess of Operating Expenses for that Comparison Year over Operating Expenses for the Operating Expense Base Year. (2) Payment of Tenant's Proportionate Share of Operating Expenses. Commencing on March 1, 2012 Tenant shall pay to Landlord as Additional Rent one twelfth (1/121h) of Tenant's Proportionate Share of Excess Operating Expenses for each Comparison Year on or before the first day of each month during such Comparison Year, in advance, in an amount reasonably estimated by Landlord to be 2% higher than the prior year's expenses. Within one hundred twenty (120) days after the expiration of each Comparison Year, Landlord shall furnish Tenant with a statement setting forth the actual amount of Operating Expenses for such Comparison Year, and Tenant's Proportionate Share of Excess Operating Expenses. If the actual amount of Tenant's Proportionate Share of Excess Operating Expenses due for such Comparison Year differs from the estimated amount of Tenant's Proportionate Share of Excess Operating Expenses paid by Tenant for such Comparison Year, then, if Tenant owes any amounts to Landlord, such amounts shall be paid by Tenant (whether or not this Lease has terminated) within thirty (30) days after receipt of Landlord's statement, and if Landlord owes any amounts to Tenant, such amounts shall be credited against the next installments of Base Rent and Additional Rent due from Tenant (or if the Lease has terminated for any reason other than Tenant's default, paid to Tenant within thirty (30) days after delivery of Landlord's Tax Statement); provided, however, that in no event shall Excess Operating Expenses actually payable for a given Comparison Year be less than zero. The Building is 15.000 rentable square feet. The Tenant's proportionate share Is 17%. (3) The Base Year for the calculation of all pass throughs will be calendar year 2011 (January through December). (4) The variable components for all portions of any expense year shall be adjusted to reflect an office building at 95% occupancy. -5- 6. LEASING CLAUSE. Landlord is the owner of the Building and has full rights and authority to make this Lease. Landlord hereby leases the Premises to Tenant in accordance with the provisions of this Lease. Tenant hereby accepts this Lease. 7. NOTICES. A requirement in this Lease that notice be given shall be satisfied by actual notice in writing: if to Landlord, at the address shown in Paragraph 1; and if to Tenant, by delivery to Tenant at the Premises, Attention: Mr. Sam Phillips. 8. ENTIRE AGREEMENT. This Lease constitutes the entire agreement between the parties and may be amended only by written agreement of the parties. No agreement will be binding upon Tenant unless signed by its President, a Vice President, or a Secretary of the corporation. 9. SUCCESSOR AND ASSIGNS. This Lease is for the benefit of and is binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. 10. OCCUPANCY LEVEL. The systems in this Building are designed to accommodate up to one employee for every 100 square feet of office space. The Tenant agrees to limit the density of occupants within the Premises to no more than one (1) person for every 100 square feet occupied. If at anytime during this Lease Tenant exceeds this ratio, it is the Tenant's sole financial responsibility to make any modifications or improvements within the Premises necessary to insure the Premises can accommodate the increased density and meets all applicable federal, state, and local codes. 11. ASSIGNMENT. Tenant will not assign this Lease or sublet the Premises or any part thereof, except to a subsidiary or affiliate of Tenant, without the prior written consent of Landlord, but such consent shall not be unreasonably withheld or delayed. An assignment or subletting will not release Tenant from Liability under this Lease. Upon any assignment or subletting of the Premises, Tenant shall immediately provide Landlord with a true and correct copy of the assignment or subletting agreement. 12. ENJOYMENT OF PREMISES. Landlord covenants that Tenant will be entitled to peaceful and quiet enjoyment of the Premises during the term of this Lease. Landlord will maintain the character of the Building as a first-class office building. 13. INSPECTION AND REPAIR OF PREMISES. Landlord shall inspect and repair the Premises at reasonable times with the consent of Tenant, which consent shall not be unreasonably withheld or delayed. Landlord may make s -6- emergency repairs without Tenant's consent. In making any repairs to the Premises, Landlord will take reasonable measures to protect Tenant's property and personnel from loss and injury and to avoid disrupting Tenant's regular business routine. Landlord may show the Premises to prospective tenants at reasonable times during the last six (6) months of the term. 14. ABANDONMENT A. Tenant shall provide at least ten (10) days' written notice to Landlord if Tenant (i) intends to abandon the Premises or (ii) intends to leave Premises vacant or unoccupied for any period of time in excess of seventy-two (72) hours whether or not such conduct amounts to abandonment of the Premises. Nothing contained in this paragraph shall be deemed to constitute Landlord's consent to, approval of or acceptance of Tenant's abandonment of the Premises which consent, approval or acceptance may be given or withheld at the sole and absolute discretion of Landlord. Tenant shall in all events be liable for the maintenance of the Premises in accordance with the terms of this Lease regardless of Tenant's election to abandon or vacate the Premises. B. In the event Landlord receives from Tenant the written notice required by Paragraph 14.A of this Lease or if Landlord has reason to believe that Tenant (i) has abandoned or vacated the Premises or has left the Premises unoccupied for a period of time in excess of seventy-two (72) hours or (ii) Tenant intends to abandon or vacate the Premises or leave the Premises unoccupied for a period of time in excess of seventy-two (72) hours, then Landlord shall have the right (but not the obligation), without further notice to Tenant, to enter upon the Premises and to take such action as Landlord deems necessary or proper to preserve, protect and safeguard the Premises. The cost of any such action taken by Landlord shall be added to the Rent or Additional Rent payable by Tenant, and such cost shall be due and payable to Landlord upon the presentation to Tenant of an invoice thereof. 15. DAMAGE TO PREMISES. A. NOTICE TO LANDLORD - If the Premises or any improvement on the Building should be damaged or destroyed by fire, flood, or other casualty, Tenant shall give immediate written notice of the damage or destruction to Landlord, including a description of the damage and, as far as known to Tenant, the cause of the damage. B. TOTAL DESTRUCTION - If the Premises are totally destroyed by fire, flood, or other casualty not the fault of the Tenant or any person in or about the Building with the express or implied consent of Tenant so that rebuilding or repairs cannot, in Landlord's reasonable judgment, be 4 7- completed within 180 working days, this Lease shall terminate, at the option of the Landlord, and rent shall be abated for the unexpired portion of this Lease, effective as of the date of the written notification as required by Paragraph 15.A. Should the Landlord elect, nevertheless, not to terminate the Lease, then the rent payable during the period in which the Premises are untenantable shall be adjusted equitably, and the Landlord shall proceed immediately to rebuild or repair the damaged Premises to substantially the condition in which they existed prior to such damage. C. PARTIAL DESTRUCTION - If the Premises are damaged by fire, flood, or other casualty not the fault of Tenant or any person in or about the Building with the express or implied consent of Tenant, but not to such an extent that rebuilding or repairs cannot reasonably be completed within 180 working days, this Lease shall not be terminated except as prgvided in Subparagraphs (1) and (2). (1) If the partial destruction of the Premises or Building occurs prior to the final six (6) months of the Lease term, Landlord shall, at its sole cost and expense, proceed immediately to rebuild or repair the damaged Building to substantially the condition in which it existed prior to such damage; provided, however, that Landlord shall not be required to expend monies in excess of insurance proceeds made available to Landlord for such purpose. If the Premises are untenantable in whole or in part following such damage, the rent payable during the period in which they are untenantable shall be adjusted equitably. In the event that Landlord should fail to complete such rebuilding or repairs within 180 working days from the date of written notification by Tenant to Landlord of the occurrence of the damage, provided the Tenant has been prompt in meeting all of their responsibilities such as finish selections, telephone and data wiring and similar requirements, Tenant may terminate this Lease by written notification to Landlord. On such notification, all rights and obligations under this Lease shall cease except for any such rights or obligations which, by the express provisions of this Lease, survive the termination of this Lease. (2) If partial destruction of the Premises or the Building occurs in the final six (6) months of the Lease term, or if any mortgagee holding a lien on the Building refuses to permit insurance proceeds to be applied to the restoration of the Building, or if the insurance proceeds available for restoration are not sufficient to restore the building to substantially its condition prior to the casualty, Landlord need not rebuild or repair the Building and shall notify Tenant in writing of Landlord's intention not to rebuild or repair. If Landlord elects not to rebuild or repair the Building and the Premises are untenantable in whole or in part following such damage, Tenant may elect to terminate the Lease as of -8- the date of Tenant's notice described in Paragraph 14.A above or to continue the Lease with the rent for the remainder of the Lease period adjusted equitably. Tenant shall notify Landlord of such election within ten (10) days after receipt of Landlord's notice under this Section 15.C.(2). D. EXTENT OF REPAIR OBLIGATIONS. In any event in which the Landlord proceeds with the repair and restoration of the Building, Landlord shall be under no obligation to repair, restore, replace or rebuild any of Tenant's property or any alterations or additions to the Premises made by the Tenant. 16. EMINENT DOMAIN. If the Premises or Building, or any part of either, is taken by the right of eminent domain, which such taking renders the Tenant premises untenantable, Tenant may thereupon end the term of this Lease, effective as of the date of such taking. If the term is not so ended, a just proportion of the rent will abate; according to the extent the Premises are untenantable. 17. TENANT'S OBLIGATIONS. A. Tenant will conduct its business in a quiet, lawful and orderly manner and in such a way that will not interfere with or be disruptive to other Tenants in the building. B. Tenant will pay the rent on the first day of each month to Landlord or to whomever Landlord may from time to time name in writing. C. At the end of the term, Tenant will remove its property from the Premises and will surrender the Premises to the Landlord without further notice and in as good a condition as when entered by Tenant, except for loss or damage resulting from hostile or warlike action in time of peace or war, unavoidable accident, ordinary wear and tear, or perils covered by the standard forms of fire and extended coverage insurance policies. D. Included in the above-referenced Tenant's property are all of the phone boards in the communication closets and all of the telephone & data wiring in the ceiling and/or racks. This equipment must all be removed without damaging the Premises at the conclusion of the Lease. E. Tenant will provide its own in suite janitorial service and maintain the premises in a commercially acceptable manner. 18. LANDLORD'S OBLIGATIONS. -9- A. Landlord will deliver the Premises to Tenant on the occupancy date in good condition. B. Landlord will carry standard fire and extended coverage insurance policies on the Building and Premises. C. Landlord will maintain the Building, the Premises, and any parking lot, Building grounds or appurtenant structures without cost to Tenant in a first-rate manner, except that the Tenant will reimburse the Landlord for the first $100.00 of maintenance and repair cost for any item needing repair inside the Tenant's Premises. D. Landlord will furnish the following facilities, maintenance and services without cost to Tenant with first-rate materials and in a first-rate manner: (1) Electricity for lighting and customary office machinery. (2) Elevator Services. (3) Such repainting as is necessary to maintain Premises in first-class condition. (4) Sufficient heat, air conditioning and fresh air supply to keep the Premises comfortable for office use throughout Tenant's regular business hours. Landlord hereby agrees that the lighting, heating, air conditioning and ventilation systems of the building will be operational Monday through Friday, from 7:30 A.M. to 6:00 P.M. and 8:00 A.M. to 1:00 P.M. Saturdays to provide the above-mentioned comfortable office environment (climate control). (5) Adequate toilet facilities, hot and cold water, and sewage disposal. (6) Refrigerated drinking water. 19. LIABILITY AND INDEMNITY. A. Tenant shall store its property in and shall occupy the Premises at its own risk and releases Landlord to the full extent permitted by law from all claims of every kind resulting in loss of life, personal or bodily injury or property damage. B. Landlord shall not be responsible or liable at any time for any loss or damage to the Tenant's equipment, fixtures, merchandise or other personal property of Tenant or Tenant's business. _10- C. Landlord shall not be responsible or liable to Tenant or those claiming by, through or under Tenant for any loss or damage to either the person or property of Tenant that may be occasioned by or through the acts or omissions of persons occupying adjacent, or adjoining Premises. D. Landlord shall not be responsible or liable for any defect, latent or otherwise in the Premises or in the building or any of the equipment, machinery, utilities, appliances or apparatus therein. E. Tenant shall indemnify Landlord and save it harmless from suits, actions, damages, liability and expense (including reasonable attorney's fees) in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon or at the Premises or the occupancy or use by Tenant of the Premises or any part thereof, or, occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, invitees or licensees. Tenant shall, at its own cost and expense, defend any and all suits or actions (just or unjust) which may be brought against Landlord or in which Landlord may be impleaded with others upon any such above mentioned matter, claim or claims. F. Tenant agrees to be responsible for any damage to the property of Landlord which may result from any use of the Premises or any act done thereon by the Tenant or any person coming or being therein by the license or permission of the Tenant express or implied. G. Tenant shall provide at its expense and keep in force during the term of this Lease, general liability insurance in a good and solvent insurance company or companies licensed to do business in the Commonwealth of Pennsylvania selected by Tenant and approved by Landlord, in amounts satisfactory to Landlord in its sole and absolute discretion. Certificates of insurance shall be provided to Landlord prior to the commencement of the Lease and evidence of renewal of the coverage shall be furnished to Landlord at least thirty (30) days prior to the date upon which any such insurance expires. Without limiting the foregoing, Tenant shall provide a minimum of Two Million Dollars ($2,000,000.00) in liability insurance against damage to person or property and shall name Landlord as an additional insured. 20. ALTERATIONS AND INSTALLATIONS BY TENANT. A. Provided that this Lease is in full force and effect and Tenant is not otherwise in default of any of the obligations by it to be performed hereunder, the Tenant may, at its expense, make such interior, non-structural alterations and improvements to the Premises or install interior partitions as it may require, provided that such alterations and -11- improvements are done in a workman-like manner in keeping with all applicable building codes, ordinances, and regulations, and in no way harm or impair the structure of the building or the Premises or diminish the value thereof. At the expiration date or sooner termination of the Lease term, Tenant, if requested to do so by Landlord, shall restore the Premises to substantially the same condition as existed on the commencement date and repair any damage thereto resulting from the installation or removal of any such improvements, partitions, fixtures or equipment as may have been so installed by Tenant. B. All of such changes, additions or alterations shall be made solely at the expense of Tenant and Tenant agrees to protect, indemnify and save harmless the Landlord on account of any injuries to third persons or property, by reason of any such changes, additions or alterations, 4nd to protect, indemnify and save harmless Landlord from the payment of any claim of any kind or character on account of bills for labor or materials furnished or claimed to have been furnished therewith. C. Tenant shall not permit any mechanics or similar liens to be lodged against or remain upon the Premises for labor performed or materials furnished to Tenant or claimed to have been performed or furnished to, on behalf of, or otherwise at the direction of or with the consent of Tenant, at, in, or upon the Premises, whether such work was performed or materials furnished before or after the commencement of the term of this Lease. D. Excepting those items which Landlord specifically requests be removed from the Premises, any alterations, additions improvements and fixtures therein installed or paid for by the Tenant, other than unattached movable trade fixtures and decorations, shall, upon the expiration date or earlier termination of this Lease become the property of the Landlord. 21. WAIVER OF SUBROGATION. Each party hereto does hereby waive, for itself and its insurance company, any right of or claim to subrogation against the other party as a result of any loss covered by insurance as provided for herein, but such waiver shall extend only to the coverage of such insurance. Provided, however, that if either party cannot obtain insurance as required by this lease solely as a result of this waiver of subrogation, such waiver shall be null and void and the parties shall meet and negotiate a solution to that problem and to the need by either of them for a waiver of subrogation as provided for herein. 22. SUBORDINATION. This lease shall be subject and subordinate to the lien of any present or future mortgage or Deed of Trust on the Building, the land upon which it stands, or both, or to any present or future underlying Lease without the necessity of any further instrument or act on the part of Tenant. Tenant covenants and agrees to execute and deliver upon demand such further 4 -12- instrument or instruments evidencing such subordination of this Lease to the lien of such mortgage, Deed of Trust, or Lease, as shall be desired by any party thereto. Tenant hereby appoints Landlord as Attorney-in-Fact of Tenant irrevocably to execute and deliver any such instrument or instruments for and in the name of Tenant. 23. ESTOPPEL CERTIFICATES. Tenant shall, without charge, within five (5) days after receipt of any request therefore, execute and deliver to Landlord a certificate stating: (i) whether this Lease is unmodified and in full force and effect (or if there has been modifications, that the Lease is in full force and effect and setting forth all such modifications); (ii) whether there then exist any defenses against the enforcement of any right of Landlord hereunder (and if so specifying the same in detail); (iii) The dates to which rent and any other charges hereunder have been paid by Tenant; (iv) The Tenant has no , knowledge of any then uncured defaults under this Lease (or if Tenant has knowledge of any such defaults, specifying the same in detail); (v) That the Tenant has no knowledge of any event that will or may result in the termination of this Lease (or if Tenant has knowledge, specifying the same in detail); (vi) The address to which notices to Tenant are to be sent; and (vii) such other information as may be required by a prospective purchaser of the Building or by a prospective or existing mortgagee of the Building. It is understood that any such certificates may be relied upon by Landlord, any mortgagee, prospective mortgagee, ground lessor, prospective ground lessor, or purchaser or prospective purchaser of the Land or the Building. 24. INSOLVENCY. (a) The appointment of a receiver or trustee to take possession of all or a portion of the assets of Tenant, or (b) an assignment by Tenant for the benefit of creditors, or (c) the institution by or against Tenant of any proceedings for bankruptcy or reorganization under any state or federal law (unless in the case of involuntary proceedings, the same shall be dismissed within thirty (30) days after institution), or (d) any execution issued against Tenant which is not stayed or discharged within fifteen (15) days after issuance of any execution sale of the assets of Tenant, shall constitute a breach of this Lease by Tenant. Landlord in the event of such a breach shall have, without need of further notice, the rights enumerated in. Paragraph 34 herein. 25. CONFESSION OF JUDGMENT IN EJECTMENT. Upon termination of this Lease at the expiration of its term, or any renewal or extension thereof, or for Tenant's default under any of the terms or conditions contained herein, it shall be lawful for any attorney of record to file in any competent court, as attorney for Tenant, an agreement for an amicable action and for entry of judgment in ejectment (without stay of execution or appeal) against Tenant and any and all persons claiming under Tenant, to recover possession of the Premises described in this lease, and with full waiver and release of all errors in the judgment and any related process and proceedings, for which this lease shall be sufficient warrant. Further, if Landlord so desires, Landlord may -13- issue a writ of execution for possession of the Premises without any prior writ or proceedings; provided, however, that termination of this lease by such action, and the recover of possession by Landlord, shall not operate to relieve Tenant from liability in damages for the breach of any of the terms and provisions set forth in this Lease. 26. SUBSTANTIAL COMPLETION OF PREMISES. Tenant accepts the Premises in its existing condition. Landlord will make no modification to the suite. 27. INTENTIONALLY DELETED. 28. INCREASE IN ANNUAL RENT. The annual rent stated in Paragraph 5 for each subsequent year of this Lease will be increased by three percent over the prior year. 29. PARKING. Landlord agrees that Tenant shall have the right to the use of a reasonable number of parking spaces for its employees and business invitees at any time during the term of this Lease. Said parking spaces shall be located in the adjacent paved parking lot and may be used as Tenant requires. Landlord will keep the parking area clean, lighted, and in good repair. Landlord hereby agrees that during the term of this Lease, Landlord will maintain separate parking spaces for the subject premises, which spaces shall be clearly reserved for visitors to the facility. It is understood that use of the parking area and visitor parking is a right shared in common with all other tenants and with the Landlord. 30. SIGNS. Landlord will pay the cost of the manufacture, foundation, construction, erection and maintenance of the Landlord's base building signs and will also pay for the cost of electricity when required. Landlord reserves the right to approve all Tenant signage. This is subject to the rules and ordinances of township or other governing body. 31. BUILDING DIRECTORY. Landlord shall install, at Landlord's sole cost, Building Directories on the first floor of the Building. 32. SPECIAL EQUIPMENT. If Tenant shall use special equipment, such as but not limited to computer and related cooling equipment, Tenant agrees to separately meter such equipment and its accessories, and pay for the utility expense to operate the same, said payment to be to the Landlord as additional rent, or by direct payment to the utility company. Standard office equipment, such as servers, printers, and personal computers is not considered special equipment. 33. SMOKING REGULATIONS. Employees may smoke outside at the rear employee entrance only. -14- 34. DEFAULT BY TENANT. If Tenant shall default in fulfilling any of the covenants or provisions of this Lease on its part to be performed and shall fail to remedy such default within ten (10) days (except that Landlord may sue for any payment of rent immediately after it becomes due) after Landlord shall have given Tenant written notice of such default or within such period as may reasonably be required to remedy the default, if the default cannot be cured within ten (10) days, then Landlord shall have any right, power or remedy permitted to it by law, except that Landlord shall not have the right to terminate this Lease unless it has given Tenant prior written notice of the date of termination. 35. REMEDIES OF LANDLORD. Upon default by Tenant, Landlord shall have, in addition to the remedies hereinabove referred to, the following remedies: A. The right to terminate this Lease without any right on the part of Tenant, or those claiming under Tenant, to reinstate the lease by payment or other performance of the conditions or provisions violated and, thereupon, any attorney may as attorney for Tenant, or those claiming under Tenant, at the request of Landlord, sign an agreement for entering in any competent court an amicable action and confession of judgment in ejectment to any term then past or present (without any stay of execution) against Tenant and all persons claiming under Tenant for the recovery by Landlord of possession of the Premises together with costs, including reasonable attorney's fees (which shall be no less than $2,000.00), for which a copy of this Lease shall be a sufficient warrant; and B. The right to accelerate the rent due for the unexpired term of this lease and to have any attorney, as attorney for Tenant, or those claiming under Tenant, at the request of Landlord, sign an agreement for entering in any competent court an amicable action and confession of judgment for all rent and other charges due, or which may at any time become due under the terms of this Lease, or any extension or renewal thereof, without any liability on the part of Landlord, including reasonable attorney's fees of 5% or $500.00, whichever is greater, for which a copy of this Lease shall be a sufficient warrant. Upon the confession of said judgment or judgments, a writ of execution may issue forthwith for rent and other charges and for recovery of possession; and C. The right to enter the Premises for the purpose of taking possession of the Premises without liability to Tenant or those claiming under Tenant. The warrants of attorney herein provided for shall not be exhausted by the exercise thereof but may be employed from time to time as often as any breach of the terms, conditions, covenants, or provisions of this Lease shall occur. Tenant, for itself and those claiming under Tenant hereby -15- releases to Landlord all errors and defects whatsoever in entering such action or judgments or causing such writs of execution to issue. Tenant, on behalf of Tenant and those claiming under Tenant, further expressly waives all right to an appeal from, writ of error, or certiorari to any judgment, order, or decree that may be given or entered by any court against Tenant or those claiming under Tenant for rent, damages, costs, or any other charges payable as rent, possession or otherwise, and agrees that such judgment, order, or decree shall be final and conclusive upon Tenant and those claiming under Tenant. All of the remedies provided for at law or in equity or in any of the terms or provisions of this Lease shall be cumulative and concurrent. 36. ENVIRONMENTAL COMPLIANCE. A. Tenant hereby covenants and agrees to use and occupy the Premises and to conduct its business and operations thereupon in full compliance with all applicable statutes, codes, rules, regulations and ordinances as they may change from time to time pertaining to the protection of the environment and to hazardous substances and hazardous wastes as those terms may be defined from time to time in such statutes, codes, rules, regulations and ordinances ("Environmental Laws"). B. Tenant shall promptly provide Landlord with copies of a correspondence from or to the U. S. Environmental Protection Agency, the Pennsylvania Department of Environmental Resources or any other federal, state or local governmental agency which pertains to the Premises regarding but not limited to the following: (1) Tenant's compliance with the Environmental Laws; (2) any permits which Tenant may be required to obtain pursuant to the Environmental Laws; (3) any release or threat of release of a hazardous substance or hazardous waste which has occurred in the Premises. C. Tenant shall immediately notify Landlord of its receipt of any notices of alleged violations of the Environmental Laws from any other party including but not limited to governmental agencies including request for information. D. Tenant shall promptly provide Landlord with copies of any documents required to be kept or prepared by Tenant or maintained at the Premises pursuant to the Pennsylvania Worker Right to Know Act, 35 P.S. 7301 et seq. and the regulations promulgated thereunder. E. Tenant shall promptly supply to Landlord true and complete copies of all sampling and test results obtained from any samples and tests taken at or around the Premises. -16- F. In the event of any "release" of a "hazardous substance" or "hazardous waste" as those terms are defined in any of the Environmental Laws, which release requires notification of any governmental agency, Tenant shall immediately notify Landlord of the release and provide a full, true and complete description of the release, the substances involved and the remedial efforts taken. G. At anytime during the term hereof, Landlord shall have a right to enter upon the Premises to inspect the Premises and to evaluate Tenant's compliance with the Environmental Laws. Such right of access shall include a right to review Tenant's records pertaining to compliance with the Environmental Laws. Tenant hereby agrees to cooperate with Landlord in any such inspection and evaluation. H. Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against, any and all claims, demands, judgments, suits, liens, actions and other proceedings, arising out of or relating to the removal, remediation, corrective action or cleanup of any hazardous waste or hazardous substance as defined in the Environmental Laws or any other proceedings or actions threatened, or brought for the enforcement of any Environmental Laws now or hereafter applicable to the Premises and resulting from or arising out of Tenant's use, operation and occupation thereof during the term of this Lease. Such indemnification shall include but not be limited to costs of investigation, engineering fees, and attorney's fees, costs of remediation and cleanup and future site maintenance. 1. Prior to the commencement date of this Lease, Tenant shall supply to Landlord an affidavit of an officer or principal of Tenant setting forth Tenant's SIC number and a detailed description of Tenant's operation and the processes Tenant will undertake at the Premises, including a description and quantification of any hazardous substances and hazardous waste generated, manufactured, refined, transported, treated, stored, handled or disposed of at or from the Premises. Following the commencement of the Lease term, Tenant shall update this affidavit in the event of any changes in Tenant's operation; SIC number or use of hazardous substances and waste. Tenant shall also supplement and update such affidavit upon each anniversary of the commencement of the Lease term. J. All of the terms and conditions of this section shall survive the termination of this Lease agreement for so long as any liability may arise under the Environmental Laws with respect to the Premises. 37. REQUIREMENTS OF LAW. Landlord shall at its own expense promptly observe and comply with all present and future laws, ordinances, -17- requirements, orders, directions, rules and regulations of the federal, state, county and city governments and of all governmental authorities having jurisdiction directly or indirectly over the Premises, Building or appurtenances or any part thereof (including, but not limited to Title III of the Americans with Disabilities Act and such regulations or standards as are or may be promulgated under- the Federal Occupational Safety and Health Act of 1970, or similar federal, state or local requirements pertaining to the Tenant's use of the Premises and the Building) whether the same are in force at the commencement of the term or may in the future be passed, enacted or directed. It is understood, however, that the Landlord is not required to procure any permits or licenses or certificates or other authorizations necessary for the Tenant to conduct its business in the leased Premises. Tenant shall at its own expense, promptly observe and comply with all present and future laws, ordinances, requirements, orders, directions, rules and regulations of the federal, state, county, and city governments and of all other governmental authorities having jurisdiction with respect to the operation of the Tenant's business. 38. RULES AND REGULATIONS. Tenant and Tenant's officers, employees, agents, and invitees shall comply fully with all of the rules and regulations pertaining to the Building, the Premises, and related facilities. Current rules and regulations, if any, are attached to this Lease as Exhibit "C" and they are made a part of the Lease as though fully set out in the Lease. The absence of rules and regulations at the inception of this Lease shall not preclude Landlord's adoption and implementation of rules and regulations at any time during the term of the Lease or any extensions or renewals thereof. Landlord shall at all times have the right to make reasonable changes, additions, or deletions to any such rules and regulations for the purpose of ensuring or enhancing the safety, care, cleanliness, maintenance, or preservation of the Building, the Premise, and related facilities, as well as for the purpose of preserving good order in and on the Building, the Premises, and its related facilities. Tenant and Tenant's officers, employees, agents, and invitees shall be bound by the adoption and implementation of rules and regulations and by any changes, additions, or deletions to the rules and regulations upon receipt by Tenant of written notice from Landlord setting forth the rules and regulations or the changes, additions, or deletions, as the case may be. Tenant shall be fully responsible and accountable for the compliance of Tenant's officers, employees, agents and invitees with all such rules and regulations. -18- ATTACHMENTS AND DELETIONS. The following exhibits attached to this Lease form a part hereof and were attached hereto before this Lease was signed by the parties: EXHIBIT "A" - FLOOR PLAN OF SUITE EXHIBIT "B" - RULES & REGULATIONS EXHIBIT "C" - INTENTIONALLY DELETED EXHIBIT "D" - INTENTIONALLY DELETED IN WITNESS WHEREOF, Landlord and Tenant have signed and dated this Lease. LANDLORD: TENANT: ?.J ?L.?,09? •r??'TCi ??v• G? 1-I.??TAGk, i7?ili.TN ?` ?iSEfLS u.c,. B _ By: A. Richard Szel Title: Managing Partner Title: s?c?csc Date: `1--5 - -0 0 // Date: -19- EXHIBIT "B" RULES AND REGULATIONS Tenant shall at all times during the term of the Lease: 1. Observe all traffic regulations, including posted speed restrictions and warnings and stop signs around the Building and parking area. Landlord shall have the right of enforcing these regulations and of prohibiting use of access streets, service driveways and parking areas to violators. 2. Smoking shall be permitted only in areas designated by the Landlord. 3. Use, maintain and occupy the Leased Premises in a careful, safe, proper and lawful manner, keep the Leased Premises and its appurtenances, including adjoining areas, vestibule, entry and hallways, in a clean and safe condition. 4. Keep all glass in the doors and windows of the Leased Premises clean, except as otherwise provided by Landlord in writing. 5. Not permit undue accumulations of garbage, trash, rubbish and other refuse in the Leased Premises, keep refuse in closed containers within the interior of the premises until removed. 6. Not use, permit or suffer the use of any apparatus or instruments for musical or other sound reproduction or transmission in such manner that the sound emanating there from or caused thereby shall be audible beyond the interior of the Leased Premises. 7. Keep all mechanical apparatus free of vibration and noise which may be transmitted beyond the confines of the Leased Premises. Not cause or permit objectionable odors to emanate or be dispelled from the Leased Premises. 9. Not overload the floors or electrical wiring and not install any additional electrical wiring or plumbing without Landlord's prior written consent. 10. Not solicit business in the common areas of the Building or distribute handbills or other materials in the common areas, and if this provision is violated Tenant shall pay Landlord the cost of collecting same from the common areas for trash disposal. -20- 11. Automobiles belonging to Tenant, its employees and invitees, shall be parked only in the areas that may be designated by Landlord, subject to the provisions of this Lease. 12. Doors in the Leased Premises shall not be covered or obstructed by Tenant. 13. Water closets and other plumbing shall be used for no other purpose than those for which they were intended and no sweepings, rubbish, rags, or improper articles and materials shall be thrown therein. It is recognized by the parties that chemicals, paints and thinners are especially injurious to the functioning of the property's sewage disposal system and, without limitation, shall not be disposed of in such sewage system. 14. No signs or notices of any kind shall be painted or affixed to any part of the outside of the Building or Leased Premises without the prior written permission of Landlord. 15. No person of disorderly character will be allowed to frequent or remain on or about the Building or Leased Premises and Landlord shall have the right to exclude or expel such person(s) there from. 16. No nuisance, public or private, shall be created or permitted in the Building and the Leased Premises shall be conducted so as that no annoyance is caused to Landlord, Landlord's employees or other tenants of the Owner. The parties agree that the Landlord shall have the exclusive and sole right of determining as to what constitutes an annoyance and that its determination shall be binding and absolute. 17. Upon termination of the Lease, doors and windows (if applicable) of the Leased Premises shall be left securely fastened and the keys to the Leased Premises shall be delivered to the Landlord. 18. Tenant shall not bring into or keep in or about the Leased Premises or the common areas of the Building any bicycles, vehicles or animals of any kind or permit Tenant's agents, servants or employees to do so. 19. Upon taking possession of the Leased Premises Tenant shall furnish Landlord with "after-hours" emergency telephone numbers. 20. Landlord reserves the right to waive any rule in any particular instance or as to any particular person or occurrence. Landlord further reserves the right to amend or rescind any of these rules or make, amend and rescind new rules to the extent Landlord, in it sole judgment, deems suitable for the safety, care and cleanliness of Landlord's property and the conduct of high standards of services therein. Tenant agrees to conform to such new or amended rules upon receiving written notice of them. -21- -22- VERIFICATION I, Tod Shutt, hereby verify that I am the Property Manager of Szeles Real Estate Development Co., L. P. and, as such, I am authorized to verify that the averments of the foregoing document are true and correct to my personal 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: ?' g' Z0 11 By: Tod Shutt, Property Manager Szeles Real Estate Development Co., L.P. REAGER & ADLER, P.C. Thomas O. Williams, Esquire Attorney I.D. No. 67987 TWilliams@ReagerAdlerPC.com Wayne S. Martin, Esquire Attorney I.D. No. 208078 WMartin@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff Szeles Real Estate Development Co L.P. : IN THE COURT OF COMMON PLEAS OF Szeles Real Estate Development Co., L.P., CUMBERLAND COUNTY Plaintiff PENNSYLVANIA V. Civil Action Heritage Wealth Advisors, LLC, .Z o t v?? Defendant No. Confession of Judgment in Ejectment PRAECIPE FOR ENTRY OF JUDGMENT IN EJECTMENT BY CONFESSION To the Prothonotary: Kindly enter judgment in ejectment by confession in the above-captioned matter against the Defendant for possession of the real property described below: Premises located at Anchor Place, 645 N. 12th Street, Lemoyne, Cumberland County, Pennsylvania 17043. REAGER & ADLE P.C. Date: July 11, 2011 K?Z' Thomas O Williams, Esquire Attorney I.D. No. 67987 Wayne S. Martin, Esquire Attorney I.D. No. 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff Szeles Real Estate Development Co., L.P., Plaintiff V. Heritage Wealth Advisors, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Civil Action // 11 No. Confession of Judgment in Ejectment AFFIDAVIT THAT JUDGMENT IN EJECTMENT IS NOT IS NOT BEING ENTERED BY CONFESSION OF JUDGMENT AGAINST A NATURAL PERSON IN CONNECTION WITH A RESIDENTIAL LEASE Commonwealth of Pennsylvania ) ) ss: County of Cumberland ) I, Thomas O. Williams, being duly sworn according to law, hereby state that the judgment being entered by confession is not being entered against a natural person in connection with a residential lease. Sworn to and subscribed Before me this t I kk-day of Tho as O. Williams, Esquire -'" NoUlial Seal Public paborah L Brenneman, )?l ry Camp Hill Boro, Cumberland Cou 014 My Commission Expires June 18, otary Public Szeles Real Estate Development Co., L.P., Plaintiff V. Heritage Wealth Advisors, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Civil Action No. c w Confession of Judgment in Ejectment NOTICE UNDER 42 Pa C.S.A. 2737.1 OF RIGHT TO RECOVER ATTORNEY FEES AND COSTS AND PROCEDURE TO FOLLOW TO STRIKE OFF OR OPEN A CONFESSED JUDGMENT TO: HERITAGE WEALTH ADVISORS, LLC Pursuant to 42 Pa.C.S.A. 2737. 1, you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 42 Pa.C.S.A. § 273 you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. REAGER aDDL .C. Date: July 11, 2011 Thomas O, squire A ttorneys for Plaintiff PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If a written notice is served upon the petitioner pursuant to Rule 2959.1(c)(2) or Rule 2973.1(c), then petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief, the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) the court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment of or any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. Szeles Real Estate Development Co., L.P., Plaintiff V. Heritage Wealth Advisors, LLC, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : PENNSYLVANIA Civil Action No. / l .. ?? o cN Confession of Judgment in Ejectment NOTICE UNDER RULE 2973.3 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Heritage Wealth Advisors, LLC A judgment for possession of real property has been entered against you and in favor of the plaintiff without prior notice and hearing based on a confession of judgment contained in a promissory notice or other document allegedly executed by you. The court has issued and the sheriff has served a writ of possession which directs the sheriff to remove you from possession of the real property. You may have legal rights to defeat the judgment or to prevent your being removed from the property or to regain possession of the property if you have been removed, if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. ANY PETITION SEEKING RELIEF FROM THE JUDMENT AND TO REGAIN POSSESSION MUST BE FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. If you have been removed from the property without notice or the opportunity for a hearing, you have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the request for hearing which accompanies the writ of possession and deliver it to the Sheriff of Cumberland County at Cumberland County Courthouse - Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717-249-3166) } -OFFICE OF TNLLROTNONOTAa-2011 JUL 12 AN If: 27 CUMBERLAND COUNTY PENNSYLVANIA REAGER & ADLER, P.C. Thomas O. Williams, Esquire Attorney I.D. No. 67987 TWilliams@ReagerAdlerPC.com Wayne S. Martin, Esquire Attorney I.D. No. 208078 WMartin@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 IN THE COURT OF COMMON PLEAS OF Szeles Real Estate Development Co., L.P., CUMBERLAND COUNTY Plaintiff PENNSYLVANIA V. Civil Action Heritage Wealth Advisors, LLC, Defendant No. 11 . S LP OA;)- 0_ ?i' Confession of Judgment in Ejectment TO THE PROTHONOTARY: ENTRY OF APPEARANCE Enter my appearance for the above-named Defendant pursuant to the Warrant of Attorney contained in the Lease Agreement, attached to the Complaint in Confessed Judgment for Possession of Real Property filed concurrently. REAGER & ADLER, P.C. Date: July 11, 2011 Thomas! WIlliams, Esquire Attorney I.D. No. 67987 Wayne S. Martin, Esquire Attorney I.D. No. 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 r ILED-O FICE ;F THE PROTHONOTARY 2011 JUL 12 AM 11: 4 4 CUMBERLAND COUNTY PENNSYLVANIA REAGER & ADLER, P.C. Thomas O. Williams, Esquire Attorney I.D. No. 67987 TWilliams@ReagerAdlerPC.com Wayne S. Martin, Esquire Attorney I.D. No. 208078 WMartin@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff Szeles Real Estate Development Co., L.P. : IN THE COURT OF COMMON PLEAS OF Szeles Real Estate Development Co., L.P., CUMBERLAND COUNTY 9i-1 S f. Q1,- k- F Plaintiff PENNSYLVANIA V. S"iw a01 lkbg . Pit om Heritage Wealth Advisors, LLC, by chw PIQ C P. Defendant bq S N. I ,?. Sa-, t&,w rl c, (* )-7()q? Civil Action No. I _ s (p O 1. (1? Confession of Judgment in Ejectment PRAECIPE FOR WRIT OF POSSESSION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a Writ of Possession upon the judgment in ejectment entered by confession in the above matter. Certification I certify that (1) This praecipe is based upon a judgment entered by confession; and (2) Notice pursuant to Rule 2973.3 will be served with the writ of possession. am?%ay.000 a 0)1.50 CSF 1.so F8 61 c? . a p4e- V? -? Iw W on a -?- ('C) S r REAGER & ADLER, P.C. Date: July 11, 2011 ALufi&j Thomas O. Williams, Esquire Attorney I.D. No. 67987 Wayne S. Martin, Esquire Attorney I.D. No. 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff tof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SZELES REAL ESTATE DEVELOPMENT CO., L.P. 945 EAST PARK DRIVE, SUITE 201 HARRISBURG, PA 17111 VS. No. 11-5622 Civil Term HERITAGE WEALTH ADVISORS, LLC ANCHOR PLACE 645 NORTH 12TH STREET LEMOYNE, PA 17043 Costs Attorney's $ 51.50 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) SZELES REAL ESTATE DEVELOPMENT CO., L.P. being: (Premises as follows): ANCHOR PLACE, 645 NORTH 12TH STREET, LEMOYNE, PA 17043 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. David D. Buell, P thonotary Common Pleas Court of Cumberland County, PA Date JULY 12. (Seal) 2 of 2 No 11-5622 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SZELES REAL ESTATE DEVELOPMENT CO., L.P. vs. HERITAGE WEALTH ADVISORS, LLC WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 51.50 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: THOMAS O. WILLIAMS, ESQUIRE 2331 MARKET STREET CAMP HILL, PA 17011 717-763-1383 ID #67987 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of , _ . I caused the within named to have possession of the premises described with the appurtenances, and So Answers, Sworn and subscribed to before me this Day of __ By Sheriff SZELES REAL ESTATE DEVELOPMENT CO., L.P., PLAINTIFF V. HERITAGE WEALTH ADVISORS, LLC DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 11-5622 CIVIL TERM ORDER OF COURT h''' z rri -.A. :Z-117 T-` -? Cf> '-r? BCD t Rf,3' Z_ AND NOW, this day of August, 2011, upon consideration of Heritage Wealth Advisors, LLC's petition, a hearing is scheduled to commence at 10:30 a.m., Monday, August 15, 2011, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. The court also notes that although Sam Phillips signed the Request for Hearing as the Defendant, the Defendant in this matter is an LLC. It is well settled that any limited liability entity may only appear through an attorney admitted to practice before the court. Walacavage v. Excell 2000, Inc., 480 A.2d 281, 284 (Pa. Super. Ct. 1984). As such, Defendant, as a registered LLC, shall obtain counsel before appearing at the scheduled hearing. By the Court, Albert H. Masland, J. Thomas O. Williams, Esquire For Plaintiff Sam Philli?s 645 N. 12t Street Lemoyne, PA 17043 ies M t DID :saa 5 Szeles Real Estate Development Co., L.P., Plaintiff V. Heritage Wealth Advisors, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Civil Action No. c'J I Confession of Judgment in Ejectment PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Notice of the hearing should be given to me at .r N• sT Street Address Lf 14t- Pq (7o f3 City, State `71-1- (-1 1 -(o I1 A Telephone Number Dated: a? -1 l 3 4-- PX4 (ELI F} Defendant SZELES REAL ESTATE DEVELOPMENT CO., L.P., PLAINTIFF V. HERITAGE WEALTH ADVISORS, LLC DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 'v i- rnUJ P? ?. r- ?-<z rv 11-5622 CIVIL TERM icy ORDER OF COURT AND NOW, this --? day of August, 2011, upon consideration of Heritage Wealth Advisors, LLC's request for a continuance, opposed by counsel for Plaintiff, the request is GRANTED. The hearing scheduled for Monday, August 15, 2011, is cancelled and rescheduled to commence at 3:30 p.m., Monday August 22, 2011, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Thomas O. Williams, Esquire 2331 Market Street Camp Hill, PA 17011 For Plaintiff ? Sam Philli?s 645 N. 12t Street Lemoyne, PA 17043 Albert H. Masland, J. 00P165 414" r? C saa SZELES REAL ESTATE DEVELOPMENT CO., L.P., Plaintiff V. HERITAGE WEALTH ADVISORS, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,., n CIVIL ACTION - LAW rnm C =-n NO. 11-5622 CIVIL TERM =;0 ur- ?? N mC7 CONFESSION OF JUDGMENT IN EJF LENT --ta IN RE: DEFENDANT'S PETITION TO STRIKE JUDGMENT n 3 X =F 5>-c - Orrn ORDER OF COURT c-n > aT AND NOW, this 22nd day of August, 2011, after hearing, the Court finds that the Plaintiff has shown by a preponderance of the evidence that the Defendant has voluntarily, intelligently, and knowingly waived the right to notice and hearing prior to the entry of the judgment, consequently, the Defendant's Petition to Strike Judgment is dismissed, and any stay associated therewith is hereby terminated. By the Court, r C. Albert H. Mas nd, J. ? Thomas O. Williams, Esquire 2331 Market Street Camp Hill, PA 17011 For the Plaintiff Heritage Wealth Advisors, LLC, Defendant pro Se Sam Phillips Anchor Place 654 North 12th Street Lemoyne, PA 170433 0ie,5 M ll Slag/off pcb