HomeMy WebLinkAbout04-4730ERIC J. SWlDLER,
Plaintiff
LEE ARTIS WOODALL,
Defendant
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CONFESSION OF JUDGMENT IN EJECTMENT
TO:
Lee Artis Woodall, Defendant
21 West Mulberry Hill Road or 728 North Hanover Street
Carlisle, PA 17013
Pursuant to the authority contained in the warrant of attorney, a true and correct copy of
which is attached to the Complaint (paragraph 10(e) of Exhibit "A") filed in this action, I appear
for the Defendant and confess judgment in ejectment in favor of the Plaintiff and against the
Defendant for possession of the real property described as follows:
728 North Hanover Street
North Middleton Township
Cumberland County
Carlisle, PA ~ //,/'] ~/3 ~
O'~B(rer6e J. ~a~shawsky, Esql~
Supreme Court ID #58799
CUNNINGHAM & CHERNICOFF, P.C.
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
,4ttorneys for Plaintiff, Eric J.. Swidler
Judgment entered as above this ~ day of_~d~, 2004.
F:~/fOME~/~ JW~DOC$ ~E$ WiDLERUUDGEJCT. WPD
Prothonotary ~ ' --
Judgment entered as above this ~ day of ~.~fl~t ,2004.
F:kHOME~B JVq~DOCSkES WIDLERLIUDGE JCT.VqPD
Prothonotary
ERIC J. SW1DLER, :
Plaintiff :
:
v. : No.
:
LEE ARTIS WOODALL, :
Defendant :
:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COMPLAINT FOR CONFESSION OF JUDGMENT IN EJECTMENT
AND NOW COMES Plaintiff, Eric J. Swidler, ("Mr. Swidler") by and through his
attorneys, Cunningham & Chemicoff, P.C., and files the within COMPLAINT FOR
CONFESSION OF JUDGMENT IN EJECTMENT and in support thereof state the following:
1. Plaintiff Eric J. Swidler is an adult individual who resides at 845 Hamilton Street,
Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant Lee Artis Woodall, ("Mr. Woodall"), is an adult individual who resides
at 21 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013.
3. Mr. Swidler is the owner of certain premises located in Cumberland County
known as 728 North Hanover Street, North Middleton Township, Carlisle, Pennsylvania 17013
(the "Premises") which he rented to Defendant under a Lease (the "Lease") dated June 30, 2003,
a true and correct copy of which is attached hereto as Exhibit "A" for the period of August 1,
2003 through August 31, 2008. The Premises is also Defendant's last known business address.
4. The Lease states, in pertinent part, in paragraph 3A that Defendant is to pay a
Base Rent of twenty-five hundred dollars ($2,500.00) per month (and increasing by fifty dollars
($50.00) in each subsequent year of the Lease) payable in advance without any set offor
deduction upon the first day of each calendar month plus interest at a rate of eighteen percent
(18%) per annum for each installment of Rent (as defined in the Lease) which is not paid withing
ten (10) days of/ts due date.
5. Defendant is now and has been in actual possession of the Premises since August
1, 2003, but has only paid Plaintiff the sum total of $10,000.00 representing Base Rent pursuant
to Paragraph 3A of the Lease, for the period of August 1, 2003 through December 31, 2003.
Defendant's last Base Rent payment to Plaintiff was made in December, 2003 and no Base Rent
payments have been made since that time.
6. Defendant has not paid Plaintiff any other monies pursuant to the Lease, despite
repeated requests from Plaintiff for payment.
7. Plaintiff, through undersigned counsel, sent Defendant a letter dated May 25,
2004 via United States Postal Service Express Mail which detailed various violations of the
Lease by Defendant and which letter constituted a Defanlt Notice pursuant to the Lease, a true
and correct copy of which is attached hereto as Exhibit "B" (the "Default Notice").
8. Defendant does not deny his obligation to pay rent under the Lease as is evidenced
by Defendant's email to Plaintiff dated July 30, 2004, a true and correct copy of which is
attached hereto as Exhibit "C".
9. Defendant has not corrected any of the violations contained in the Default Notice
and continues to be in violation of the Lease.
2
10. Defendant has breached his Lease with Plaintiff as follows:
a. By failing to pay Base Rent in a timely fashion for the period January
through September, 2004.
b. By failing to pay Additional Rent in accordance with the Lease.
c. By subleasing the Premises without Landlord's consent.
d. By failing to carry insurance on the Premises.
11. The Lease provides that if Defendant fails to pay the Rent or any part of it when it
is due or shall fail to perform or serve any other agreement or condition on its part under the
Lease, Landlord may terminate the Lease hereunder by giving written notice of such intention to
terminate.
12. Tenant has failed and refuse to timely cure the various defaults under the Lease,
which are more specifically set forth in Exhibit "B".
13. Plaintiffprovided Defendant with Notice of Termination dated September 10, 2004,
a true and correct copy of which is attached hereto as Exhibit "D".
14. Despite the termination of the Lease effective September 10, 2004, Defendant has
failed and refuses to vacate and surrender the Premises to the Plaintiff.
15. Plaintiffhas not confessed judgment against Defendant in any jurisdiction.
16. The Lease has not been assigned.
17. Defendant's failure to pay the Lease and continuing default thereunder provides
Plaintiff with the authority to file this Complaint.
18. All conditions precedent to Plaintiff's recovery hereunder and entry of judgment by
confession, in favor of Plaintiff, have been satisfied and/or waived.
3
19. Plaintiff is authorized to confess judgment against Defendant for ejectment
pursuant to the warrant of attorney contained in paragraph 10(e) of the Lease.
The warrant of attorney appearing in paragraph 10(e) of the Lease is less than 20
20.
years old.
21.
The Lease upon which.judgment is being confessed was for commercial and not
residential purposes, was freely negotiated by the parties thereto, both of whom had the
opportunity to be represented by counsel.
WHEREFORE, Plaintiff, Eric J. Swidler, herein prays that this Honorable Court enter
judgment by confession in Ejectment against the Defendant, Lee Artis Woodall and hereby makes
demand therefor, as authorized by the Lease and to award him possession of the Premises located
at 728 North Hanover Street, North Middleton Township, Carlisle, Pennsylvania 17013.
Supreme Court ID #58799
CUNNINGHAM & CHERNICOFF, P.C.
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
Attorneys for Plaintiff, Eric J. Swidler
VERIFICATION
I, Eric J. Swidler, verify that the statements made in the foregoing COMPLAINT FOR
CONFESSION OF JUDGMENT IN EJECTMENT are true mad correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities.
Eric J. Swidler ~
F:~HOM E~B J W~)OCS~E$ WIDLER\COMPEJCT. WPD
5
ERIC J. SWIDLER, :
Plaintiff :
v. : No.
LEE ARTIS WOODALL, :
Defendant :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
AFFIDAVIT OF LAST KNOWN ADDRESS
I, Bruce J. Warshawsky, Esquire, Attorney for Plaintiff, hereby certify that the last known
residence of the Defendant, Lee Artis Woodall is 21 West Mulberry Road, Carlisle, Pennsylvania
17013 and the last known business address of the Defendant, Lee Arfis Woodall is 728 North
Hanover Street, Carlisle, Pennsylvania 17013.
Supreme Court ID #58799
CUNNINGHAM & CHERNICOFF, P.C.
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
Attorneys for Plaintiff, Eric J. Swidler
Sworn to before mfi
s/~ . day of',J)qOJ~r~,M, 2004
NOTARIAL SEAL
JULIEANNE AMETRANO, Notary Public
Cily of Harrisburg, PA Daup~in County
My Commission Expires Feb. 22, 2(]07
L~AS~
LEASE AGREEMENT dated as of this . day of Jtme, 2003, between Eric J. Swidler,
with an address of 845 Hamilton Street, Carlisle, PA 17013 ("Landlord") and Lee Artis Woodall
with and address of 21 W. Mulberry Hill Road Carlisle, Pennsylvania, 17013("Tenant").
For valuable consideration received by each party from the other; the parties, who intend to
be legally bound hereby, agree with each other as follows:
1. Demised Premise~.
(a) Landlord he. by leases to Tenant, and Tenant leases snd takes liom Landlord,
approximately 2,594 square fee~ of spac. e located in Landlord's building known as 728 N. Hanover
Street, Carlisle, PA 17013 (North Middle. ton Township) (the "Property") plus use of the parking
areas in front of the building know as 728 N. Hanover Street. Furthermore, Landlord reserves a
right to access the rear of the Property the access would be over the parking areas in the front of
Landlord's building. The access shRl! b~ tO & from North Hanover Slicer(See Exhibit A), the tear
of the property may be used for any use whatsoever the lamdlord deems fit.
Also, Tenant may develop the land to the rear of the property, for parking purposes ONLY during
the term of this lease, but Landlord reserves the rite to u~ili~e the rear of the Property at anytime
during this Lease, without compensation to Tenant for any improvements made to the rear of the
Property (as des~.~tmated hereto in Exhibit "A"), as such area is no~ part of tl~ PremL~s demised to
Tenant (the Premises demised to Tenant shall be known hereafter as the Demised Premises)
The Demised Premises shall be used only for use as a Auto Detail Shop and related business
(Building & front parking lot).
(b) Tenant accepts the Premises "as is" andin their la~S~mt_pbysi _cai condition, and with their
present legally permitted uses.
2. Term.
(a) The initial term of this Lease shall commffnce on August 1, 2003 (the "Commencemerlt
Date") and shall end on August 3 I, 2008 (the "Initial Term"). This is known as the initial te,~ of 5
years.
(la) Provided that Tenant has fully and faithfiffiy performed its obligations under this Lease
for the Initial Term, Tenant may elect to extend the term off this lease for two(2) additional(5) year
option teems ("Option Terms") commencing at the expiration of the Initial Term or any subsequent
Option Terms by giving written notice of such election to Landlord no later than one hundred eighty
(180) days prior to the expiration of the then current t~rai. All terms and provisions of this Lease
shall govern for the Option Terms.
Rent. A
(a) Tenant agrees to pay Landlord Base Rent for said Demised Premises Thirty Thousand
($30,000.00) Dollars per annum, Two Thousand
Five Hundred Ninety Four ($2,500.00) Dollars monthly ("Base ~nt") dm'lng the first year of the
Lease commencing.on the Rent Commencement Date (as defined heroin), increasing at a rate of
$50.00 per month, per year, each year, while the Lease is in effect, during the haitiai Term and any
Option Te~ms, ha addition to and together with Base Rent, Tenant shall pay to Landlord any sales
or similar tax or levy imposed by the Commonwealth of P~mtqylvania and anypolitieal subdivision
thereof on all Rent and other payments due ,rider this Lease liom T~mmt to Landlord. The term
"Renff as used in this Lease shall include Base Rent, Additional Rem and all other payments due
f~om Tenant to Landlord pursuant to this Le~se. All Rem is payable monthly in advance without
set-offs or deductions of any kind, upon the first day of each calendar month of the Lease.
Rent shall commence on the date which is one (I) months after the Commencement Dat~ or
the dat~ on which Tenant uses the Demised Premises for its intended use, whichever is earlier (the
"Rent Commencemant Date").
ha the event that the Rem Commencement Date of this Lease is other than the first day of a
month, Rent for such first partial month shall be prorated and paid on the si~ing of this Lease by
TenanL
(b) Any payment of Rent hereunder which is not paid within ten (10) days of the due date
shall bear interest at the rate of eighteen percent (10.0%) per anmlm Rlltil the date actually paid, but
the collection of said interest shall not constitute a waiv¢r by Landlord of its remedies herennder for
default of Lease on account of non-payment of Rent.
3. Rent. B Tenant under the terms of this NNN ("Tripple Net")Lease ~hal! be responsible for the
-following:
(a)Proporty taxes. (Property taxes will be paid by the landlord & the total mount of the taxes
paid besed on the tax receipt shall be reimbursed by the tenant to the landlord.)All reimbutsem~ct.~
shall take place within 25 days of the time of payment W the tax collector.
(b) Snow Removal (paid by tenant)
(c) Ground Keeping (paid by tenant)
(d) Parking Lot Maimenrmce (paid by tenant)
(e) Water & Sewer (paid by tenant)
(f) Trash Removal (paid by tenant)
(g) Elecaic (paid by tenant)
(h) Heat (paid by tenant)
(i) Air Conditioning (paid by tenant)
(j) Janitorial (paid by tenant)
(k) I-IVAC Repairs (paid by tenant)
(I) Roof Repairs (paid by landlord)
(m) Light Bulbs (paid by tenant)
(n) Plumb'rog Rqmirs (paid by tenant)
(o)Slmctmal RepaY, paid by landlord)
(p) Property Taxes (paid by tenant)
(q) Insurance (paid by tenant)
4. Conduct of Tenant's Operations. The Tenant covenants: t~t no waste or damage shall
be committed upon or to the saki Dgmised ?~emises or upon the Property by the Tenant or its agents,
servants, ~mployees, invitees or customers. Tenant shall not permit, allow or suff~r to exist any liens
upon the Demised Pr~mises or the Property for labor or materi&is furnished. At the expiration of the
te~n of this Lease or upon cancellation tha, eof~ Tenant shall peacef~ly yield up W Landlord said
Ikmised Premises in good order and repair and broom clea~ Tenant shall a/Yin or display no signs
upon the Demised Premises or the Property without first hav/ng obtained the written approval of
Landlord and all necessary pa-mits and licenses therefor.
Throughout the tx:tm hereof~ Tenant, at Tenanfs own cost and expense, ~hall: mnSnt~in the
Demised Premiss ("Build;n~)in a clean and sanitary condition; make all repairs to the D~i.sed
Premises as are necessary to preserve them in good order and condition, including, but not limited
to, maintenance and repair of the interior walls, all doors and windows, wiring, plumbing pipes and
fixtures, duct-work, HVAC, any signs, and installation of the glass and electrical and lighting
fixtt~s, which repairs and installations shall be equal in quality to the orJ~na! work, or to such
superior condition as to wMch the Demised Premises may be put during the t~im of this Lease;
promptly pay the expense of such repairs and installations; supply and install all lights and lighting
to the extent replacement of ex&qfing lights and lightin~o shall be necessary to keep the D~L,u~d
Premises adequately illuminated; give prompt notice to Landlord of any damage that may occm;,
maintain the heating, ventilating, plumbing and air-conditioning systems; and to execute and comply
with all rules and orders of any Board of Fire Underwriters having jurisdiction over the Demised
Pr i, -s("Building").
Tenant shall make no &Iteration to the Demised Premises or the Property without the prior
written consent of Landlord, which consent may be withheld by Landlord for any reason in
Landlord's sole discretion. Any alterations or improvements by Tenant to the Demised Premises shall
become part of the Demised Premises; provided, however, that at Landlord's election, such
alterafions,-other than-those constitutingTenant~s Work as-described in Section -18 ofthisLease~sh&i1
be removed and the Demised Premises restored to its ori~nal condition at the sole cost and expense
of Tenant upon termination of this Lease for any reason-
Landlord's sole obligation with respect to maintenance or repair of the Demised Premises
shall be to maintain and repair the roof, exterior and the structur&i elements of the Demised
Premises, except to the extent that such maintenance and rap&ir is necessitated by the negligence or
willful acts of Tenant, in which event such malutenance and repair shall be the responsibility of
Tenant at its sole cost and expense.
Tenant shall pay all personal property taxes and excises assessed upon Tenant's goods and
properties located at the Demised Premises before same shah become overdue. Tenant nba!l pay for
&il utilities consumed by Tenant or rendered to the Demised Premises.
4.b At the conclusion of this le~se. Tenant further agrees to return the Demised
(Building)Premises with a fully functional and operating HVAC system upon to~,,ination of this
Lease. Furthermore, Tensmt shall, return the building in a"Vani~a Shell Condition" All walls to be
drywall, taped, coated, spackled, sanded and painted. The ceiling shall be replaced with 2' x 4'
acoustic file with the necessary grid and tracking to hold files in place.. Lighiing fixtures shall be of
sufficient cam(lie power and lurnlnation based on the original lighting that was installed when tenant
received building (8' flourescem robe lighting fixtures & lights) from Landlord. The entire floor
surface must be returned and delivered to landlord with a smooth concrete surface (all floor drain.~
removed). The concrete soffuce must be suitable for reinstallafion of any floor covering that may
follow tenaras occupancy. All garage doors shall be removed. The necessary brick and structural
work that needs to be done in order to restore the building to its original integrity and look shall be
completed by the tenant at the tenants sole cost. All of the above referencod work shall be conducted
with licensed and qualified restoration contractors. The aforementioned work shall be inspected by
th landlord to meet up with his sole discretion & reasonable standards.
5. Conduct of Business. Tenant shall always conduct its business in a good and orderly
manner, secure all necessary permits and licenses and comply with all presem or future applicable
laws, ordinances, by-laws, rules and regulations. The Demised Premises shall be used for only the
purposes stated above, shall not be used for any unlawful purpose, and no violations of law,
ordinance, by-law rule or regulation of any governmental authority shall be committed thereon.
Tenant covenants and agrees that the business activities which it intends to conduct in the
Demised Premises do not use any ba~'~rdous materials or substances. Tenant and its successors,
assigns, subtenants, licensees, concessionaires and occupants and their agents, employees,
contractors, and invitees, shall not, at any time during the term hereof cause or permit any hazardous
materials or substances to be brought upon, stored, manufacttm~ blended, handled, or used in, on,
or about the Demised Premises or the Property for any purpose.
6~ Assignment, Subletting.or-Eneumbering,-Tenant shall not assign,~ublet, mortgage or encumber
this Lease or the Demised Premises or suffer or permit the Demised Premises or any part thereof to
be used by any other person or entity, without on each occasion obtaining the prior wriRetl cozk~nt
of Landlord, which may not be ~nably withheld. Should Landlord consent to an assi~ment
or subletting pursuant hereto, Tenant shall nonetheless remain fully liable and responsible for the
performance of each term or condition of this Lease. Landlord shali have the right to assign in whole
or in part, its interest in this Lease.
7. Landlord Not Liable. Tenant shall indemnify, defend and hold Landlord harmless from
and again~ any and all actions, claim.~, demands, fines, liens, penalties, liabilities or costs (including
attorneys' fees) incurred in connection with any loss, damage or injury to persons (including the
Tenant, its agents, servants, employees, customers or occupants), to property (including that of the
Tenant), or on account of violations of laws, ordinances, by-laws, rules and regu]ations, any of
which occur in, on or about the Demised Premises or the Property or in the operations or activities
of Temmt and its agents, servants, employees, customers or occupants on or about any portion of the
Demised Prem;ses and thc Property.
Tenant agrees to be responsible for any damage to the propewtyofLandlord which may result
from any use of the Demised Premises or the Property, or any act done or omitted by the Tenant, its
agents, servants or employees, or any person coming or being thereon and on the Property by the
license or sufferance of the Tenant, express or implied.
8. ln~uranee~ During the Lease Term, Tenant, at its sole cost and expense, shallprovide and '
keep in rome:
(a) commercial general liability insurance with the broad form endorsement, including, but
not limited to, pe~onal injury and contractual liability coverage of not less than $1,000,000.00
combined single limit for both bodily injury and property damage resulting fi'om a single occurtance,
occttrdng in and around the Demised Pr~ni~s and any exterior signs maintained by Tenant, and
automobile liability insurance with limits of not less than $1,000,000.00 combined single limit for
both bodily injury and pmpeay damage resulting from one occurreace;
Co) worlanen's compensation insurance at legally required levels and employer's liability
insurance at limits ofnot less than $500,000.00 pet accident for the benefit of all employees entering
upon the Demlned premises or the Prope~ or any portion thereof as a result of or in connection with
their employment by Temat;
(c) casualty and other insurance covering loss, injury and damage to Tenant's personal
property and fixtures in or on the Demised Premises; and
(d) at all times during which construction is being performed upon the Demised Premises by
Tenant, "All Risk" builders risk insurance with limits of coverage not less than 100% of full
replacement cost of Tenant's leasehold improvements and Owner's and contractor's protective
insurance and indeptmdent contractor's insurance with coverage ofat least $2,000,000.00 for a single
-occtlrreace and-for.property, damage
All said insurance shall be with such companies, and in such form, as are satisfactory to
landlord, and shall contain only such deductible mounts for each such coverage as have first been
approved by Landlord in writing; T~ant shall in any event be responsible for all deductible mounts.
Landlord and its mortgagees shall be designated as additional insured under all said in~mrance for
the full amount thereof. Tenant shall furnish Landlord proof that Demised Premises are covered by
Tenant's policy(les) and that said poliey(ies) shall not be terminated or fail to be renewed except on
th/ny O0) days prior written notice from the insurer to the Landlord. Replacement policies shall be
provided to l. andlord at least thirty O0) days prior to exphallon of a previous policy. If Tenant shall
use the Demised Premises prior to the term hereof, Tenant shall be liable as herein set forth and such
occllpallcy shall be upoll all the It:amS and conditions hereof and shall be by Tenant at its own risk.
9. Security, Tenarit, contemporaueouslywiththe executionofthisLeasc, hasdepositedwith
Landlord Two Thousand Five Hundred($2,$00.00) Dollars (the "Security Deposit"), receipt of
which is hereby acknowledged by Landlord, The Security Deposit shall be held by Landlord without
interest and deposited with other funds ofl. zndlord or of Landlord's agent as security for the faithful
performance by Tenant of all of the terms, covenants, and conditions of this Lease to be kept and
performed by Tenant during the tam hereof. However, should T~umt, more than twice in any
calendar year, default in any rent obligations owed to Landlord, regardless of whether or not any such
default is thereafter cured, then, within ten (10) days of written demand from Landlord, Tenant shal!
deposit with Landlord an amount that brings the total security deposit to twice the amount held prior
to such default. At the si~ing of the above-mentioned lease, ~enant ~hal! pay landlord the first
months rent & the security deposit equal to the first month ren~
In the event of the failure of Tenant to keep and perform any of the terms, covenants and
conditions ofthi.~ Lease to be kept and performed by Tenant, then I. amdlord, at its option may, with
or without terminating thi~ Lease, apply thc Security Deposit, or so much thereof as may be
necessary, to compensate Landlord for all costs, expenses, loss or d~mage, including attorney's fees,
sustained or suffe~cl by Landlord due to such breach on the pm-t of TenanL Should the entire deposit
or any portion thereof be applied by Landlord for the payment of overdue rent or other sums
payable to Landlord by Tenant hereunder, then Tenant shall, upon the written demand of Landlord,
forthwith remit to Landlord an amount sufficient ~o restore the Security Deposit to the original sum
deposited, and T~nznt's failure to do so within ten (10) days after receipt of such demand shall
constitute a breach of this Lease. If the monthly Base Rent shall~ from time to 6m¢, increase during
the t~m~ of this Lease, Temmt shall thereupon deposit with Landlord an additional Security Deposit
so that fl~e. amount of-the Security Deposit -held&y-Landlord shaILat-all timesbear_~the_same.
proportion to current Base Rent as the ori~nal Security Deposit bears to thc original monthly Base
Rent set forth in Section 3 hereof. Should Tenant comply with all of the terms, covenants and
conditions of thi~ Lea~ and promptly pay all the rental herein required as it falls due and all other
sums payable by Tenant to Landlord hereunder, the Security Deposit or so much thereof as may
remain simll be returned in full to Tenant (or, at Landlord's option, to the last assignee, ff any, of
Tenaot~s interes~ herein) at th~ expiration or earlier t~mination ofthi~
10. Default by Tenant.
(a) A default hel~llllder shall occur i~: (i) Tenant shall fail to pay any amount due Landlord
on or before the date due; (ii) Tenant shall fail to perform or observe any other agreement or
condition on its part to be performed or observed, includlng~ but not limited to Tcnnnt's faJJure to
exercise due diligence in connection with the pursuit of afl governmental approvals as referenced
in paragraph 18, and if Tenant shall fail to cure said failure wjthln ten (10) days after written notice
of said failure/~om Landlord; (ih') Tenant or any gumantor of this Lease shall suffer an attachment
or levy upon execution agaJn.~t any of bls or its real or pc~r,oonal property; (iv) Tensmt or any guarantor
of this Lease shall become insolvent or shall file bankruptcy or reorgani?atiun proceedings under
f~leral or ~ote. law, o1' $nch proce~[ings ~ filled again~ Tenant or a gumantor of this Lease; (v) a
receiver shall be appointed for Tenant or a guarantor of this Lease or any othis or its property; or
(vi) Tenant or a guarantor of this Lease shall make an assi~mament for the benefit of his or its
creditors.
(b) Upon a default by Tenant under this Lease, Landlord may:
(i) elect not to terminate this Lease or Tenant's right to possession of the Demised Premises,
and enforce afl of Landlord's rights and remedies under this Lease, including the fight to recover the
Rent as it becomes due and payable by Tenant. No acts by Landlord to maintain, preserve or re-let
the Demised Premises, or to appoint a receiver to protect Landlord's interest under this Lease, or to
remove property or store it at a public warehouse or elsewhere at the cost of and for the account of
Tenant, or otherwise, shall constitute an election to tr. sminate this l.p. ase or Tenant's right of
possession unless written notice of such intention is given by Landlord to Tenant. Landlord may elect
to t~ ,,,inate this Lease upon a re-letting of the Demised Premises or at any other time after electing
the remedy provided by this subsection, in which event the rent shall cease to accrue and the
damages provided by subsection (ii) shall become available to Landlord.
During the period Tenant is in default, Landlord may enter the Demised Premises and re-let
them, or any part of them, to th/rd parties/'or Tenant's account. Re-le~tln£ may be for a period
shorter or longer than the remaining term of this Lease. Tenant .qhall pay to Landlord the Rent' due
under this Lease on the dates the Rent is due, plus the amounts necessary to compensate Landlord
as specified in subparagraphs (i) through (iii) below, less the Rent Landlord receives from any
re-letting, ff Landlord re-lets the Demi.qed Premises for Tenant's account as provided in this
subsection, Rent that Landlord receives t~om re4etting shallbe applied to the paYment of: (i)first,
afl-costs incurred~b¥l_andlord for-re4etfng, such as-(vfthout limitation) repairs and refurnishing,_
broker's commissions, attorneys' fees and rent inducements: (ii) second, any indebtedness from
Tenant to Landlord other than Rent due t~m Tenant; and (iff) finally, Rent due and unpaid under
this Lease. After deducting the payments referred to in this subsection, any sum remaining from the
Rem Landlord receives from re-letting shall be held by Landlord and applied in paYment of future
Rent as Rent becomes due under this Lease. If, on the date Rent is due nnder th/s Lease, the Rent
received from the re-letting and applied to Rent due is less than the Rent due on that date, Tenant
shall payto Landlord the remoJning Rent due.
(ii) Terminate this Lease and all rights of Tenant and any subtenants, licensees or
concessionaires herennder by giv/ng written notice of such intention to terminate. In the event that
Landlord shall elect to terminate this Lease as provided in this subsection, then Landlord may
forthwith recover from Tenant: any Rent then due, as well as the excess of the total rent reserved for
the remainder of the term over the rental value oftbe Demised Premises for the said residue of the
term, together with any other amount necessary to compensate Landlord for all the detriment
proximately caused by Tenant's failure to pe~orm its obligations under this Lease or which in the
ordinary course of eve~s would be likely to result therefiom, includlnE Landlord's attorueys' fees.
(iii) Declare immediately due ancl payable all Base Rent for the balance of the then current
(iv) Distrain for rent and any other sum due Landlord hereunder. Tenant agrees that any
removal of goods from thc Premises causing, or during default shall be deemed fraudulent, and
goods so removed shall remain liable to distress and sale for 30 days after removal. Tenant waives
the benefit of all appraisement, stay, and exemption laws.
(c) Upon a default by Tenant undex thi~ Lease, Landlord may, but shall not be-required to,
cure such default a~ the sole cost and expense of Tenant, and the cost of such cure shall be payable
to Landlord upon demand.
(d) TENANT DOES HEREBY EMPOWER ANY A2rTORNEY OF ANY COURT OF
RECORD TO APPEAR FOR TENANT, AND WITH OR WITHOUT COMPLAINT FILED, TO
CONFESS MONEY JUDGMENT AGAINST TENANT, AND IN FAVOR OF LANDLORD FOR
THE SU/vl OF THE RENT THEN DUE (INCLUDING WITHOUT LI/vliTATION ALL UNPAID
ADDITIONAL RENT ACCRUING HEREUNDER) AND FOR THE SUM DUE B Y REASON OF
ANY BREACH OF ANY COVENANT BY TENANT, VvTfH COSTS OF SUIT AND AN
ATTORNEY'S COlVIMISSION OF 20 PERCENT FOR COLLECTION, AND TO ISSUE
EXECUTION TI-IEREON WITH RELEASE FOR ALL ERRORS AND WITHOUT STAY OF
EXECUTION. SUCH AUTHORITY SHALL .NOT BE EXHAUSTED BY ONE EXERCISE
THEREOF, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT
TO BE INVAI.rD, VOIDABLE OR VOID, BUT JUDGlVIENT MAY BE CONFESSED AS
AFORESAID FROM TIME TO TIME AS OFTEN AS ANY DEFAULT IN THE PAYMENT OF
ANY SUCH SUM SHAH. OCCUR. IF A TRUE AND CORRECT REPRODUCTION OF THE
ORIGINAL OF TI-lIS LEASE SHALL HAVE BEEN FILED IN SAID PROCEEDING, IT SHALL
NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTOKNEY.
(e) IN THE EVENT OF ANY DEFAULT BY TENANT AND THE FAILURE OF TENANT
TO CURE SUCH DEFAULT WITHIN THE TIME PROVIDED HEREIN, IF ANY, OR AT THE
EXPIRATION OF TI~ TERM OF THIS LEASE, TENANT HEREBY AUTHORIZRS AND
EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR TENANT
AND CONFESS JUDGMENT AGAINST TENANT AND IN FAVOR OF LANDLORD IN AN
AMICABLE ACTION OF EJEC~ OF THE PREMISES wrrH COSTS OF SUIT AND
ATTORNEY'S FEES, AND TO ISSUE WRITS OF EXECUTION AND POSSESSION THEREON
WITH RELEASES OF ALL ERRORS AND WITHOUT STAY OF EXECUTION. SUCH
AUTHORITY SHALL NOT BE EXHAUSTED BY ONE EXERCISE THEREOF-BUT
JUDGMENTS IN F_JF_~TMENT MAY BE CONFESSED AS AFORESAID FROM TIME TO
TIME AS OFTEN AS 1T BE NECESSARY FOR LANDLORD TO OBTAIN POSSESSION OF
THE PREMISES IN ACCORDANCE WITH ANY PROVISIONS OF THIS LEASE. IF A TRUE
AND CORRECT REPRODUCTION OF THE ORIGINAL OF THIS LEASE SHALL HAVE BEEN
FILED IN SAID PROCEEDING, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL
AS A WARRANT OF ATI'ORNEY.
I 1. A Removal of Tenant's Property. Upon the expiration, t~cthination or cancellation of
this Lease, ir'Tenant has failed to remove any property brought upon the Demised Pscxuises or the
Property by Tenant, then and in that event said property shall be deemed abandoned by Tenant and
shall become the property.of Landlorck or Landlord may notify Tenant to remove same at Tenant's
own cost and expense, and upon failure of Tenant so to do Landlord may, in ad_clifton to any other
remedies available to it: (a) sell the pwperty at a public or private sale, on the Demised lh~nises
or elsewhere (without thereby waiving any g.lalm agah~t Tenant for any deficiency in sums owing
Landlord fi'om Tenant over thc proceeds of the sale), and after deducting any sums due to Landlord
hereunder, hold any balance for the account of Tenam; or Co) remove said property as thc duly
authorized agent of Tenant, and store the same in the name and at the expense of Tenant or those
claiming through or under it under any usual or proper form of warehouse receipt, whether or not
authorizing the sale of said property for nonpayment of storage charges, without in any way being
liable for conversion or negligence by reason of the acts of Landlord or anyone claiming under it or
by reason of the negligence of any person in caring for said property while in storage, and Tenant
will pay to Landlord the costs of removal and storage, irrespective of the length of time of storage.
12. Notice. Notice from Tenant to Landlord shall be properly g~ven if delivered by nationally
recognized overnight courier service such as Federal Express or Express Mail to Landlord to the
above address with a copy and as follows: to Bruce J. Warshawsky, Esquire at The Law Office of
Metzger Wickersham,3211 N. Front Street, Harrisburg, PA 17110. Notice from Landlord to
Tenant shall be properly given ffdelivered by such nationally recognized overnight courier
service to the Tenant, to the above address where the tenant is doing business or home address.
13. Tenant's C-'~lim. Against Landlord. Notwithstanding anything to the conWary in
this Lease, any judgment or award obtained by Tenant agaln~t Landlord shall be satisfied only
out of Landlord's interest in the Property and the monies receivable by Landlord therefrom.
Neither Landlord nor any of its general or limited partners, officers, directors, shareholders,
beneficiaries or employees shall have any personal liability for any matter in connection with thi~
Lease or its obligations as Landlord of the Demised Premises or owner of the Prope~. Tenant
shall not institute, seek or enforce any personal or deficiency judgment or award against Landlord
or any of its general or limited partners, officers, directors, shareholders, beneficiaries or
employees, and none of their personal or real property except for the Property shall be available
to satisfy any judEmeut hereunder. In no evem shall Landlord b~ required to pay a sum of money
greater than the value 02[' its equity in the Property in order to satisfy any judgment or order
against Landlord arising from litigation or arbitration~ In the event nf any sale or mmsfer of the
Demised Premises orthe Property, the seller, transferor or assignor nhsll be and hereby is entirely
freed and relieved of all agreements, covenants and obligations of Landlord thereatter to be
performed, and it shall be deemed and construed without further atpeement between the parties
or their successors in interest or between the parties and the purchaser, transferee or assignee in
any such sale, tran~t'er or assignment that such pure. hair, transferee or assignee has assumed and
agreed to eauy out any and all agreements, covenants and obligations of Landlord hereunder.
14. Subordismtiom Certificates: Financial Reporting. This Lease shall always be
subordinate to any mortgage or mortgage deed of trust which is now or hereafter a lien or
encumbrance again~ the Demi~ Premises or the Property, without the necessity of any further
act or instrument on the part of the Tenant. Notwithstanding, the Tenant agrees that within sevell
(7) days of a writmn request by Landlord, Tenant will deliver to the Landlord or any prospective
mortgagee or purchaser a written and acknowledged statement (i) that this Lease is valid,
subs'rating, in full force and effect and unmodified (or, if modified, that the Lease as modified is
valid, subsisting and in full force and effect and stating with specificity all modifications); (ii) the
dates to which the rent and other charges have been paid; (iii) the Lease t~m; (iv) that all
conditions to Tenant's possession of the Demised Premises and commencement of the Lease
Term have been satisfied, if aeeorate, and if not, stating those conditions which have not been
satisfied; (v) that neither party is in default under any provisions of this Lease, ff accorate, and ff
not, stating any defaults; (vi) that there are no offsets-or defenses which either party has against
the other (or ffthere are any offsets or defenses then claimed, stating the nature of same with
specificity); and (vii) such other information as may be reasonably requested. It is intended that
any such sUaement delivered pursuant to this Section may be relied upon by the parties for whom
it is intended.
15. Brokers. Tenant represents and warrants that it has dealt with no broker, agent or
finder on account of this Lease, other than Lalldlord's broker, Eric Swidler, NAI Commercial-
Industrial-Realty, whose commission shall be Landlord's sole responsibility. Tenant agrees to
defend, indemnify and hold harmless Landlord fxom and agaln~ any and all claim-% damages and
costs, including attorneys' fees, in connection with any claim for brokerage, findus or similar
fees, or compensation related to this Lease, which may be made Or alleged as a result of acts or
agreements of the Tenant witha person-or enfityother.than-the one specifiedin this~paragrapl~ It .....
is hereby understood and disclosed tint Eric J. Swidler is a licensed sales person at NAI
/Commercial-Industrial Realty Company (Cig:).
16. C~sualty: Eminent Domain. In the event that the Demised Premises or the building
covtainlng the Demised Premises are, wholly or in part, damaged by rte or other casualty, taken
by eminent dora~in~ or sold to a public authority in lieu of being taken by eminent domain, then
Landlord may termlnate this Lease on thirty 00) days wrJtt~ notice to Tenant.
If this Lease is terminated under the preceding sentence, neither Landlord nor Tenant
shall be obligated to repair, restore or reconstruct the Demised Premises. If this Lease shall not be
terminated as provided above, this Learsc shall continue in full force and effect, and Landlord
shall, within thirty 00) days after receipt of casualty insurance proceeds or an eminent domain
award (as the case may be), and solely to the extent thereof (after deductin4 Landlord's costs and
attorneys' fees of collecting the said insurance proceeds or said award), proceed with the repair
or restoration of/he Demised Pr~m/~s and the bui~a;n~ cuntsin;~ the ~ ~s ~d
~ ~ ~ised ~i~ ~d ~ b~ cun~ ~e ~ ~es to ~b~y
D~ ~s ~ be ~d~ ~ble an accost of such c~ ~e or ~,
~n~ ~ ~ ~ f~ ~e ~on of ~e D~ ~ ~ ~le ~ ~ ~me
~ ~ ~1~ ~ T~L U~n ~ord's ~b~ ~mpl~on off,on of ~e
D~s~ ~s, Te~t sh~l! ~fly r~ or ~l~e ~ ofi~ ~ ~ed or
de~y~ ~cl~ing, b~ nut limi~ W, i~ ~e ~s ~d ~.
17. Tenmat's Work ~d Si/re. Notwithstanding any other provisions of this Lease to tho
cunt, T~t ~ pe~orm at Tenanfs sole coz and e~n.~ apun and m ~e D~
P~ses, all work ueces~ to o~m Tenants business incllg ~ due ~gence
governmental entities to secure permits and approvals, which due diligence must be pursued by
Tenant, otherwise Tenant shall be in default under this Lease (hereinaFter collectively referred to
as the "Tenunt's Work"). All materials comprising the Tenanfs Work shall be new and of first
elaas quality. Ail Tenant's Work shall be performed in a good and workmanlike manner, shall not
adversely affect the stmetmal integrity of the improvements of the Property and shall be and
remain in full compliance with all applicable federal, state and local laws, ordinances, by-laws,
niles and reg~,lations and in strict conformity to the plans and specifications provided to
Landlord. Prior to commencing Tenant's Work, Tenant shall deliver to Landlord copies of
applications and permits certified by Tenant to be true, complete and correct, and copies of
construetiun plans, if any. Any sign ~ by Tenant shall be erected at Tenant's expense and
in compliance with all applicable laws and regulations.
1 g. Interpretation of Agreement. The agreements, terms, covenants and conditions herein shall
be governed and interpreted by the laws of the Commonwealth of Penn~lvani~ Jurisdiction to
resolve all disputes under this Lease shall be exclusive in the Commonwealth of penn.,5'lvaula
and venue exclusive 'in Cure.and County. Nothing conmlned in this Lease shall be deemed or
co~med as crea~g a parmership or joint ven~ ~ween ~mdlord and Tenant
~ s~i bind and inure to the ~efit o£Limdlord, Tenant and th~ res~ve he~,
representative%-suecessors and pen:nitted ~sj~ons,-.thi~ section sh~!!-not-constitute, a t~mission-or
authorization by Landlord to Tenant to assign or in anyway transfer its interest in this I~se.
Tenant hereby acknowledges that except as and to the extent specifically provided for in this
Lease, neither landlord nor any of its agents, representatives or employees, have made any
representations, warranties, agreements or promises, and none shall be implied by law. This
Lease is intended by the parties to be a final expression and a complete and exclusive statement
of the agreement of the parties regarding the subject matter hereof, and all negotiations between
the parties are merged herein. Except as expressly provided herein, this Lease cannot be changed,
modified or termlnated orally, but may be amended only by an instrument in writing executed by
the party against whom enforcement of any waiver, change, modification or discharge is sought.
Time nhal! be of the essence hereunder. The delivery of an unsigned copy of this Lease to Tenant
shall not constitute an offer to lease the Demised Premises or grant any rights to Tenant as a
result thereof.. This Lease ~hall not be b~dlng on Landlord or Tenant until executed by landlord
and Tenant and delivenxL The parties agree that this Lease should not be construed against one
or the other based upon which party prepared or drafted the Lease.
IN WITNESS WHI~REOF, this Lease Agreement hs~ been duly executed by the parties
hereto~under.seal as-o/~thc datc-wi/tten above.
LANDLORD:
J DRAWING OF PREMISES AND IMPROVEMENTS - PLOT P~N ~_~,~zJ ~
May 25, 2004
SINC~ t8~8
3211 North l~ront Street
EO. Box 5300
Harrisbuxg, PA 17110-0300
717-238-8187
Fax: 717-234-9478
VIA EXPRESS MAIL
Other O[ficea
Colonial Park Mec. hanicsburg
717-652-7020 717691-5577
Millersburg Shippensburg
717-692~5810 717-530-7515
Lee Artis Woodall
21 West Mulberry Hill Road
Carlisle, PA 17013
Re:
Lease Agreement Dated June 30, 2003, By and Between Eric J.
Swidler as Landlord and Lee Artis Woodali as Tenant for Premises
at 728 North Hanover Street, Carlisle, Pennsylvania, 17013
Dear Mr. Woodall:
Please be advised that I represent Eric J. Swidler, the landlord under the above referenced Lease
· Agreement.
Please accept this notice pursuant to paragraph 12 of said Lease Agreement that you are in
default pursuant to paragraph 10 of the Lease Agreement for the following reasons:
I. You have failed to pay rent for five (5) months, since December 2002;
You have violated other terms of the Lease including: (i) failure to pay mai estate taxes,
(ii) failure to carry insurance on the proper~y, (iii) failure to pay for utilities, specifically
the water bill, and (iv) subleased to Enterprise Rent-A-Car without Mr. Swidler's
previous written consent in accordance with the Lease.
Paragraph 3(a) requires you to pay Mr. Swidler for the taxes within twenty-five (25) days from
the time of payment to the tax colieetor. School District Real Estate Taxes for the Premises for
the period July 1, 2003 to June 30, 2004 in the amount of $1,708.37 were paid by the landlord on
October 31, 2003. Your share of School District Real Estate Taxes is $1,565.85 (One Thousand
Five Hundred Sixty Five Dollars and Eighty Five Cents), which is prorated for the period
August 1, 2003 to June 30, 2004.
lames E Carl
Edward E. Knauss, IV*
Jex~l L. Hock
Steven R Miner
Clark DeVem
Milton Bernstein
Bruce J. Warshawsky
Francis I. [M:fm~, IV
David H. Mart~eau
Andrew W. Nortleet
Andrew C. Spears
Young-Sub Koo
· B~rd Cerfffied in civil
Lee Artis Woodall
May 25, 2004
Page 2
The County, Township & Library Real Estate Taxes for the period March 1, 2003 to February
29, 2004 in the amount of $492.21 were paid by the landlord on July 7, 2003. Your share of the
County, Township & Library Real Estate Taxes is $261.02 (Two Hundred Sixty One Dollars and
Two Cents) which is prorated for the period August 1, 2003 to February 29, 2004.
The August 1, 2003 date represents your first full month of occupancy at 728 N. Hanover Street.
Paragraph 3(e) requires you to pay for water and sewer.
Paragraph 6 of the Lease prohibits you from assigning or subletting the premises without
Mr. Swidler's prior written consent, which you have not obtained.
Paragraph 8 requires you to keep various insurance policies in effect on the premises, which you
are failing to do.
Mr. Swidler has the right to invoke a variety of remedies in connection with your various
breaches.
First, because you have failed to pay rent in a timely fashion, your right to invoke the option
terms under paragraph 2Co) of the Lease are no longer available to you, because you have not
fully and faithfully performed your obligations under the Lease during the initial term.
Furth,imore, all rent due and owing is now payable with interest at the rate often (10%) percent
per year. Because your monthly rental rate is $2,500.00 and you are more than five (5) months
behind in your rent, you currently owe rent in the amount of $12,500.00 plus interest.
Pursuant to paragraph 9, Mr. Swidler is entitled to double the amount of the security deposit
currently being held in the amount of $2,500.00, to the sum of $5,000.00, because you have,
more than twice during the calendar year of 2004, failed to pay rent and you were notified by
letter dated March 8, 2004 that you are delinquent in your rent and you are hereby notified in this
letter, that you have failed to pay rent timely.
Therefore, we hereby demand that you provide the sum of $2,500.00 as an additional security
deposit pursuant to the Lease.
At this time, Mr. Swidler does not elect to terminate the Lease or your right to the possession of
the demised premises in accordance with paragraph 10Co)(i).
305550-1
Lee Artis Woodall
May 25, 2004
Page 3
Mr. Swidler only wants you to come current on all your obligations and insure the premises
properly. If you do so, he is willing to execute a consent to your sublease with Enterprise Rent-
A-Car and, further, is agreeable to entering into a written instnunent that will restore your option
terms pursuant to paragraph 2.
You must immediately:
l. Bring your rent up to date through May 2004 plus interest;
2. Provide an additional $2,500.00 in security deposit;
3. Pay all overdue water bills;
4. Pay for all taxes that have been paid by Mr. Swidler; and
5. Provide proper insurance and proof thereof in accordance with the Lease.
This is a legal notice pursuant to the Lease and your failure to correct the defaults identified
herein shall be considered a breach and default. Mr. Swidier will then avail himself of all legal
rights available to him under the Lease ten (10) days after your receipt of this notice.
Please be guided accordingly.
Very truly yours,
M2ETZ_~ WICKERSHAM, KNAUSS & ERB, P.C.
Brace J. Warshaw~ ~
Special Counsel
BIW:deh
cc: Eric Swidler
305550-1
Bruce J. Warshawsky
From:
Sent:
To:
Subject:
leewoodall@comcast, net
Thursday, July 29, 2004 6:04 PM
Eswidler@aoLcom
Re: Rent / Other Charges Owed on 728 N. Hanover Street / Leased By Lee Woodall
Rent / Ot~
· a~ Owed on 7.
--Eric this is Lee Woodall the back payment can not be paid today so if
you want to stop up from doing business in the place please call
249-3961 and we will leave and we will not conduct business in your
establishment any longer and we will pay what is owed back to you in
stallments thank you for your time and if we are to be evicted let me
know and in august we will no longer do business and keys will be turned
back to you. Please inform me before august 2, 2004. I will pay all
back payment and I will appreciate a formal eviction letter stating all
claims and we will go from there thank you. Lee,]
I was going to change it over to a training place but I will not procede
because of the debt load owed to you thanks
Lee Woodall's unity and development
inc.
"CLOSING THE GAP"
JORDAN D. CUNNINGHAM
ROBERT E. CHERNICOFF
MARC W. Wr f,etG
BRUCE J'. WARSHAWSKY
JOHN M. HYAIV~
KELLY M. KNIGHT
CUNNINGHAM & CHERNICOFE EC.
ATTORNEYS AT LAW
P.O. BOX 60457
HARRISBURG, PENNSYLVANIA 17106-0~57
TELEPHONE (717) 2.38-687O
FAX (71;') 238-~09
HERSHEY TELEPHONE
(717) 534-2S33
IRS NO. 23-2274135
Stxeet Add.ss:
2320 N. 2nd Street
Harrisburg, PA 17110
W~lter'~ DIr~t Em~ll:
blw~cchw~e.com
September 10, 2004
VIA EXPRESS MAIL
Lee Artis Woodall
21 West Mulberry Hill Road
Carlisle, PA 17013
Lease Agreement dated Jurle 30, 2003, by and between
Eric J. SMeller as Landlord and Lee Aais Woodall as Tenant
for Premises at 728 North Hanover Street, Carlisle, PA 17013
File No: 608504
Dear Mr. Woodalh
Please be advised that you continue to be in default under the above-referenced Lease
Agreement as is more specifically set forth in my letter dated May 25, 2004. You have also failed
to make payments for June, July, August and September, 2004, all of which are now past due.
Please also be advised that the 2004 county/township tax in the amount of $524.12 was paid on
August 1, 2004 and the 2004-2005 school taxes in the face amount of $I,815.59 are now due and
owing.
Please be advised that the Landlord, Eric J. Swidler, hereby provides you with notice that
the Lease is terminated effective immediately.
Arrangements should be made for you to pay all sums due and owing to Mr. Swidler and
for your prompt removal from the Premises. Rent and other charges under the Lease will
continue to accrue pursuant to the Lease.
CUNNINGHAM & CHERNICOFF, P.C.
ATTORNEYS AT LAW
Lee Anis Woodall
September 10, 2004
Page 2
Litigation will be instituted in the Court of Common Pleas of Cumberland County for your
failure to comply with the terms and conditions of the Lease immediately, (that is, payment of full
sums due and your prompt removal). If litigation is initiated, you will also be required to pay Mr.
Swidler's attorney's fees in the amount of 20% of the sums due and owing,
Very truly yours,
CLrNNINGHAM & c~rR.NICOFF, P.C.
Bruce J. Warshawsky
BJW/ja
cc Eric J. Swidler
ERIC J. SWIDLER,
Plaintiff
LEE ARTIS WOODALL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NOTICE UNDER RULE 2973.2 OF JUDGMENT AND EXECUTION THEREIN
NOTICE OF DEFENDANT'S RIGHTS
TO:
Lee Artis Woodall, Defendant
21 West Mulberry Hill Road or 728 North Hanover Street
Carlisle, PA 17013
A judgment for possession of real property has been entered against you and in favor of
the plaintiff without prior notice and heating based on a confession of judgment contained in a
promissory note or other document allegedly executed by you. The sheriff may remove you from
the property at any time after thirty (30) days after the date on which this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your being removed from
the property. ANY PETITION SEEKING RELIEF FROM THE JUDGEMENT MUST BE
FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS
SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, 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.
Pennsylvania Lawyer Referral Service
Pennsylvania Bar Association
P.O. Box 186
Harrisburg, PA 17108
Telephone: (800) 692-7375
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: (800) 990-9108
Date:
Supreme Corot ID #58799
CUNNINGHAM & CHERNICOFF, P.C.
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
Attorneys for Plaintiff, Eric d. Swidler
F:~HOME~B JW~DOCS~ESWIDLER~DEFR[GHT. WPD
2
ER/C J. SWIDLER,
Plaintiff
LEE ARTIS WOODALL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NOTICE OF JUDGMENT
TO:
Lee Artis Woodall, Defendant
21 West Mulbeny Hill Road and 728 North Hanover Street
Carlisle, PA 17013
YOU HEREBY ARE NOTIFIED that on .~}o;t/ ~ 0)O ,2004, judgment by
confession was entered against you in ejectment in favor of the Plaintiff and against the Defendant for
possession of the real property described as follows:
728 North Hanover Street
North Middleton Township
Cumberland County
Carlisle, PA 17013
Date: c~ ' o~ c5 ,2004
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.
Pennsylvania Lawyer Referral Service
Pennsylvania Bar Association
P.O. Box 186
Harrisburg, PA 17108
Telephone: (800) 692-7375
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: (800) 990-9108
Brace J. Warshawsky, Esquire
Supreme Court ID #58799
CUNNINGHAM & CHERNICOFF, P.C.
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
A ttorneysfor Plaintiff/; Eric J. Swidler
F:~HOME~JVq~)cK2S~ES WIDLER~OTJUDG2, WPD
2
ERIC I. SWIDLER, :
Plaintiff :
'V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-4730 - CIVIL
LEE ARTIS WOODALL,
Defendant
RETURN OF SERVICE
I, Brace I. Warshawsky, Esquire, for the law office of Cunningham & Chemicoff, P.C.,
do hereby swear and affirm that I have entered an appearance for the Defendant in a Confession
of Judgment filed September 20, 2004 and further that a true and correct time-stamped copy of
the attached Notice under Rule 2973:2 in the above-captioned matter was sent via first class U.S.
Mail, First Class Mail, postage prepaid on September 20, 2004, to the following, pursuant to
Pa.R.C.P. 440:
Lee Artis Woodall, Defendant
21 West Mulberry Hill Road and 728 North Hanover Street
Carlisle, PA 17013
CUNNINGHAM & CHERNI.~COFF'~
B~shawsky' E~tlre
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17110
(717)238-6570
COMMONWEALTH OF PENNSYLVANIA
SS.
co 1¥ oF D^uPunq
On this, the / q '~- day of ~ 2004, before me, a Notary Public, the
undersigned officer, personally appeared Bruce J. Warshawsky, Esquire, ~own to me (or
satisfactorily proven) to be the person described in the within ins~ment, ~d ac~owledged that
he executed the same in the capaciW ~erein stated and for the pu~oses therein contained.
~ ~ESS WHE~OF, I hereunto set my h~d ~d official seal.
~OTARIAL SEAL ~
NE AMETRANO, Notary Public ~
Cib~ of Harrisburg, PA Dauphin Cou~ ~
~'~mission Expires Feb. 22,200-' J
ERIC J. SWIDLER,
Plaintiff
LEE ARTIS WOODALL,
Defendant
NOTICE UNDER RULE 2973.2 OF JUDGMENT AND EXECUTION THEREIN
NOTICE OF DEFENDANT'S RIGHTS
TO: Lee Artis Woodall, Defendant
21 West Mulberry Hill Road or 728 North Hanover Street
Carlisle, PA 17013
· ession of real property has been entered against you and,~ fav, o.r of
A judgment for. poss ..... -'-~ ~-~oed on a confession of judgment contameo m a
the plaintiff without prior nouce ana nemm~ v,~
promissory note or other document allegedly executed by you. ~Pae sheriff may remove you from
the property at any time after thirty (30) days after the date on which this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your being removed t~om
the property. ANY PETITION SEEKING RELIEF FROM TI-[E IUDGEMENT MUST BE
FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS
SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, 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.
Date:
Pennsylvania Lawyer Referral Service
pennsylvania Bar Association
P.O. Box 186
Harrisburg, PA 17108
Telephone: (800) 692-7375
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: (800) 990-9108
Bruce I. Warshawsky, l~ire
Supreme Court ID #58799
CUNNINGHAM & CHERNICOFF, P.C.
2320 North Second Street
P.O. Box 6(1457
Harrisburg, PA 17106-0457
(717) 238-6570
Attorneys fi~r Plaintiff, Eric J. Swidler
2
ERIC J. SWIDLER,
Plaintiff
LEE ARTIS WOODALL,
Defendant
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:No. 04-4730 - CIVIL
PRAECIPE FOR ISSUANCE OF WRIT OF POSSESSION
UPON A CONFESSED JUDGMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue a Writ of Possession upon the judgment in ejectment entered by confession in the above matter.
I hereby certify that:
CERTIFICATION
This Praecipe is based upon a judgment entered by confession, and
Notice pursuant to Rule 2973.2 has been served at least thirty (30) days
prior to the filing of this praecipe as evidenced by a remm of service filed
of record.
Date:
Respectfully Submitted,
CUNNINGHAM & CHERNICOFF, P.C.
By'
B
PA Sup. Ct. ID#58799
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17110
(717)238-6570
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
ERIC J. SWIDLER
No.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-4 730 CIVIL Term
vs.
LEE ARTIS WOODALL
21 W. Mulberry Hill
Carlisle PA 17013
Rd.
No.
Att'y.
Pl'ff (s)
Prothy.
Costs
15.00
1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
CUMBERLAND
To the Sheriff of
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:
Eric J. Swidler
being: (Premises as follows):
728 N. Hanover Street
Carlisle PA 17013
Plaintiff (s)
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Date
October 21, 2004
(SEAL)
CURTIS R. LONG
Prothonotary, Common Pleas~Coq~t of Cumberland County, Pennsylvania
By - ~
' / Deputy
~: ;~0
By virtue of this writ, on the day of
I caused the within named
have possession of the premises described with the appurtenances, and
, to
Sworn and subscribed to before me this
day of
So Answers,
By
Sheriff
Prothonotary Deputy
JORDAN D. CUNNINGHAM
ROBERT E. CHERNICOFF
MARC W. WITZIG
BRUCE J. WARSHAWSKY
JOHN M. HYAMS
KELLY M, KNIGHT
CUNNINGHAM & CHERNICOFE P.C.
ATTORNEYS AT LAW
P.O. BOX 60457
HARRISBURG, PENNSYLVANIA 17106-0457
TELEPHONE (717) 238-6570
FAX (717) 238-4809
HERSHEY TELEPHONE
(717) 534-2833
IRS NO. 23-2274135
Street Address:
2320 N. 2nd Street
Harrisburg, PA 17110
Writer's Direct Email:
biw~cclawoc.com
October 21, 2004
R. Thomas Kline
Sheriff
County of Cumberland
One Courthouse Square
Carlisle, PA 17013-3387
Docket Nos: 04-4730 and 04-4731
File No: 608504
Dear Sheriff Kline:
Attached are the Praecipes for Writ of Possession/Writ of Possession for the docket
number 04-4730 with respect to property located at 728 North Hanover Street, Carlisle, PA
17013 and the Praecipe for Writ of Execution/Writ of Execution for the docket number 04-4731,
a money judgment. A check in the amount of $150.00 for each case is included with this
correspondence.
With respect to the Writ of Possession, the Plaintiff, Eric J. Swidler, is the Landlord for
the Premises and the Defendant, Lee Artis Woodall, is the Tenant. The Premises are locked and
equipment and various items of personalty are inside. In order to coordinate with Mr. Swidler,
who will make himself available and also make available the services of a professional locksmith
(if needed), you are hereby authorized to communicate directly with Mr. Swidler at his cell phone
number of 717-439-1780.
With regard to the items of equipment and personalty inside, you will see that the Writ of
Possession authorizes you to levy upon as much of the equipment as is necessary to pay the costs
in connection with the case docketed to 04-4730. The Writ of Execution also authorizes you to
levy upon any other items of equipment or personalty at the Premises in connection with t,_he
judgment to docket number 04-4731 and which is the subject of the Writ of Execution.
R. Thomas Kline
Sheriff
October 21, 2004
Page 2
CUNNINGHAM & CHERNICOFE P.C.
ATTORNEYS AT LAW
The Writ of Execution also authorizes you to levy upon items of personalty owned by the
Defendant located at 21 West Mulberry Road, Carlisle, PA 17013. We have also included any
items of personalty owned by the Defendant in control of the Garnishees, the Defendant's parents,
Mr. and/or Mrs. Robert Woodall, who we believe also reside at the same address. Although we
believe the Defendant resides at 21 West Mulberry Road, as well, it is possible that he does not so
reside there at the present time, but is believed that various items owned by the Defendant are
located at that address and it is anticipated that Mr. and/or Mrs. Robert Woodall may make a
claim that either the Defendant no longer resides there and/or any items contained at the premises
which we believe may belong to the Defendant are actually owned by Mr. and/or Mrs. Robert
Woodall. Obviously, if Mr. and/or Mrs. Robert Woodall make such a claim, then they will have
to prove same. This is why we have included Mr. and/or Mrs. Robert Woodall as Garnishees on
the Writ.
The other two (2) Garnishees are banks in which we believe the Defendant ha~ ,agtive bank
accounts and we have provided you with information about such bank accounts that we are aware
of, however, we would like to garnish upon any and all bank accounts in the name of the
Defendant of those financial institutions.
Any questions you may have with respect to the above matters, may be referred directly to
me at the above address and/or phone number. I will be out of my office and away until Monday,
October 25, 2004.
Thank you in advance for your attention to this matter.
Very truly yours,
HAM & CHERNICOFF, P.C.
BJW/ja
Attachment
cc Eric J. Swidler
F:~IOM E~B JW~DOCS~ES WIDLER~L 102104.WPD
WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.)
ERIC J. SWIDLER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-4730 CIVIL Term
No. Term
vs. Costs
LEE ARTIS WOODALL Att'y. $ 15.00
21 W. Mulberry Hill Rd. Pl'ff (s) $
Carlisle PA 17013
Prothy. $ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
CUMBERLAND
To the Sheriff of
County, Pennsylvania
(]) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
Eric J. Swidler
Plaintiff (s)
beipg: (Premises as follows):
728 N. Hanover Street
Carlisle PA 17013
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell hislher (or their) interest therein.
CURTIS R. LONG
of Cumberland County, Pennsylvania
,
Date
October 21. 2004
By:
(SEAL)
Deputy
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Advance Costs: 150.00
Sheriff's Costs 7h.16
75.S4
Sherif f' s
Docketing
SULc.lli:.1.L~t=
Poundage
Prothy.
Possession
Milage
Return
18.00
20.00
1.46
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