HomeMy WebLinkAbout04-4731
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ERIC J. SWIDLER,
Plaintiff
v.
LEE ARTIS WOODALL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. o'{. 473>( ~ ---r;......
CONFESSION OF JUDGMENT FOR MONEY DAMAGES
TO: Lee Artis Woodall, Defendant
21 West Mulberry Hill Road or 728 North Hanover Street
Carlisle, P A 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(d) of Exhibit "A") filed in this action, I appear
for the Defendant and confess judgment in favor of the Plaintiff and against the Defendant for as
follows:
Principal Sum Due
Interest
Attorney's Fees
Costs
TOTAL:
$147,955.05
$ 1,856.17
$ 29,962.36
$ 39.00
$179,812.58
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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
Judgment entered as above this c20.!!- day of xl'f~004.
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Prothonotary
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 0'1- <';'1 3/ Ci"JT~
ERIC 1. SWIDLER,
Plaintiff
LEE ARTIS WOODALL,
Defendant
COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY DAMAGES
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 FOR MONEY DAMAGES and in support thereof states the
following:
I. 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
($50.00) in each subsequent year of the Lease) payable in advance without any set off or
deduction upon the first day of each calendar month plus interest at a rate of eighteen percent
(18%) per annum for each installment of Rent (as defined in the Lease) which is not paid withing
ten (10) days of its due date.
5. Defendant is now and has been in actual possession of the Premises since August
1,2003, but has only paid Plaintiff the sum total of$IO,OOO.OO 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 Default 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 "e".
9. Defendant has not corrected any of the violations contained in the Default Notice
2
and continues to be in violation of the Lease.
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 July, 2004 in the amount of $2,500.00 per month and for August, 2004
and September, 2004 in the amount of $2,550.00 per month for a total of
$22,600.00;
b. By failing to pay the following items of Additional Rent which total
$4,455.65 calculated as follows:
I. Defendant's prorated $1,565.85 Paid by Plaintiff on October 31, 2003.
share of School Tax
8/1/03-7/1/04
11. Defendant's prorated $205.09 Paid by Plaintiff on July 7, 2003.
share of
Township/County Tax
8/1/03-12/31/03
111. Township/County Tax - $524.12 Paid by Plaintiff on August I, 2004.
2004
IV. School Tax: 7/1/04- $1,815.59 Paid by Plaintiff on September 17, 2004.
6/30/05
v. Water/Sewer $445.00 Paid by Plaintiff on September 17, 2004.
c. By subleasing the Premises without Landlord's consent.
d. By failing to carry insurance on the Premises.
II. Plaintiff is also entitled to interest on Rent not paid at the rate of eighteen percent
(18%) per annum pursuant to paragraph 3A(b) of the Lease, which, for Base Rent, through
September, 2004, is calculated to be $1,576.75 and which continues to accrue at a rate of $11.15
3
per day.
12. Interest on the Additional Rent through September, 2004 is due to Plaintiff in the
amount of $279.42, calculated as follows:
a. Interest on 2003-2004 School Tax (from $231.02
December 5, 2003 through September, 2004)
b. Interest on 2003 County Tax (from August II, $ 41.96
2003 through September, 2004)
c. Interest on 2004 County Tax (from September $ 6.44
5, 2004 through September, 2004)
and which interest continues to accrue at a rate of $1.13 per day. Interest on the 2004-2005
School Tax in the amount of $.90 per day begins to accrue on October 22, 2004.
13. 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.
14. Tenant has failed and refuse to timely cure the various defaults under the Lease,
which are more specifically set forth in Exhibit "B".
15. Plaintiff provided Defendant with Notice of Termination dated September 10,
2004, a true and correct copy of which is attached hereto as Exhibit "D".
16. Despite the termination of the Lease effective September 10, 2004, Defendant has
failed and refuses to vacate and surrender the Premises to the Plaintiff.
17. Plaintiff is permitted to declare immediately due and payable all Base Rent for the
balance ofthe current term through August 31, 2008, which is an amount equal to $120,900.00.
4
18. Plaintiff has not confessed judgment against Defendant in any jurisdiction.
19. Plaintiff is authorized to confess judgment against Defendant for money damages
pursuant to the warranty of attorney contained in paragraph 1 O( d) of the Lease, which includes,
inter alia, an authorized attorney's commission of20%.
20. The Lease has not been assigned.
21. The Principal Amount due and owing through September, 2004 to Plaintiff
pursuant to paragraphs 10(a), 10(b) and 17 above total $144.955.65.
22. Interest due and owing through September, 2004 to Plaintiff pursuant to
paragraphs 11 and 12 above total $1.856.17.
23. The attorney's commission of twenty percent (20%) amounts to Twenty-Nine
Thousand Nine Hundred Sixty-two Dollars and Thirty-six Cents ($29.962.36).
24. The warrant of attorney appearing in paragraph 10(d) of the Lease is less than 20
years old.
25. 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 and further is not being entered against a natural persons
in connection with a consumer credit transaction.
26. Defendant's failure to pay the Lease and continuing default thereunder provides
Plaintiff with the authority to file this Complaint.
27. All conditions precedent to Plaintiffs recovery hereunder and entry of judgment by
confession, in favor of Plaintiff, have been satisfied and/or waived.
5
28. Plaintiff is also authorized to confess judgment against Defendant for ejectment
pursuant to the warrant of attorney contained in paragraph I O( e) of the Lease an is entitled to the
payment of costs in connection with said confessed judgment in ejectment which is being
contemporaneously filed herewith.
29. The costs in filing fees for the filing of the instant confessed judgment for money
damages is $19.50 and the costs in filing fees for the filing of the confessed judgment in ejectment
is $19.50, which costs total $39.00 and which are properly recoverable.
WHEREFORE, Plaintiff, Eric J. Swidler, herein prays that this Honorable Court enter
judgment by confession against the Defendant, Lee Artis Woodall, as authorized by the Lease in
the amount of$147,955.65 for principal plus $1,856.17 for interest through September, 2004
with continuing interest at the rate of $12.28 per diem through October 22, 2004 and at a rate of
$13.18 per diem thereafter, plus attorney's fees in the amount of $29,962.36, plus costs of
$39.00, plus continuing costs. The total confessed judgment for money damages demanded is
$179,812.58.
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Supreme Court ID #587
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
Date:
6
VERIFICATION
I, Eric 1. Swidler, verify that the statements made in the foregoing COMPLAINT FOR
CONFESSION OF JUDGMENT FOR MONEY DAMAGES are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to a thorities.
&j
Eric J. Swidler
Date: :; Is ~- y
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7
ERIC J. SWIDLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No.
LEE ARTIS WOODALL,
Defendant
AFFIDAVIT OF LAST KNOWN ADDRESS
I, Bruce J. Warshawsky, Esquire, Attorney for Plaintiff, hereby certity 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 Artis Woodall is 728 North
Hanover Street, Carlisle, Pennsylvania 17013.
B~
Bruce J. Warshawsky, E
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 ;0 before m1
this /...] day ofVIt'l1k./'l1.IJP", , 2004
v/ JiLf U --:J {klhl.u
! N tary Public
(NOTARIAL SEAL
JULlEANNUMETRANO, Notary Public
CIty of Harn6::l1rq, VA Dauphin County
" _My CommisSion Expllb i'eb. 22, 2007
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LEASE
~
LEASE AGREEMENT dated as of this ~ day of June, 2003, between Eric J. Swidler,
with an address of 845 Hamilton Street, Carlisle, PA 17013 ("Landlord") and Lee Artis Woodall
with and address of2l 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 Premises.
(a) Landlord hereby leases to Tenant, and Tenant leases and takes from Landlord,
approximately 2,594 square feet of space located in Landlord's building known as 728 N. Hanover
Street, Carlisle, PA 17013 (North Middleton Township) (the "Property") plus use of the parking
areas in front of the building know as 728 N. Hanover Street. Furthennore, 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 shall be to & from North Hanover Street(See Exhibit A), the rear
of the property may be used for any use whatsoever the Landlord 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 utilize 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 designated hereto in Exhibit "A"), as such area is DQt part of the Premises demised to
Tenant (the Premises demised to Tenant shall be known hereafter as theDemised 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" and in their presentphysical condition, and with their
present legally permitted uses.
2. Term.
(a) The initial term of this Lease shall commence on August 1,2003 (the "Commencement
Date") and shall end on August 31,2008 (the "Initial Term"). This is known as the initial term of5
years.
(b) Provided that Tenant has fully and faithfully performed its obligations under this Lease
for the Initial Tenn, Tenant may elect to extend the term off this lease for two(2) additional(5) year
option terms ("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 term. All terms and provisions of this Lease
shall govern for the Option Tenns.
3. 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 Rent'') during the first year of the
Lease commencing.on the Rent Commencement Date (as defined herein), increasing at Hate of
$50.00 per month, per year, each year, while the Lease is in effect, during the Initial Term. and any
Option Terms. In addition to and together with Base Rent, Tenant shall pay to Landlord any sales
or similar tax or levy imposed by the Commonwealth of Pennsylvania and any political subdivision
thereof on all Rent and other payments due under this Lease from Tenant to Landlord. The term
"Rent" as used in this Lease shall include Base Rent, Additional Rent and all other payments due
from Tenant to Landlord pursuant to this Lease. All Rent 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 (1) months after the Commencement Date or
the date on which Tenant uses the Demised Premises for its intended use, whichever is earlier (the
"Rent Commencement Date").
In the event that the Rent 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 signing of this Lease by
Tenant
(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 (1 0.0%) per annum until the date actually paid, but
the collection of said interest shall not constitute a waiver by Landlord of its remedies hereunder for
default of Lease on account of non-payment of Rent.
3. Rent. B Tenantunder the teriris of this NNN ("Tripple Net")Lease shall be responsible for the
following: .
(a)Propertytaxes. (Property taxes will be paid by the landlord & the total amount of the taxes
paid based on the tax receipt shall be reimbursed by the tenant to the landlord.)All reimbursements
shall take place within 25 days of the time of payment to the tax collector.
(b) Snow Removal (paid by tenant)
(c) Ground Keeping (paid by tenant)
(d) Parking Lot Maintenance (paid by tenant)
(e) Water & Sewer (paid by tenant)
(f) Trash Removal (paid by tenant)
(g) Electric (paid by tenant)
(h) Heat (paid by tenant)
(i) Air Conditioning (paid by tenant)
CD Janitorial (paid by tenant)
(k) HV AC Repairs (paid by tenant)
0) Roof Repairs (paid by landlord)
(m) Light Bulbs (paid by tenant)
(n) Plumbing Repairs (paid by tenant)
(0 )Structural Repairs(paid by landlord)
(P) Property Taxes (paid by tenant)
(q) Insurance (paid by tenant)
4. Conduct of Tenant's Operations. The Tenant covenants: that no waste or ibmAse shall
be committed upon or to the said Demised Premises or upon the Property by the Tenant or its agents,
servants, employees, invitees or customers. Tenant shall not permit, allow or sufIerto exist any liens
upon the Demised Premises or the Property for labor or materials furnished. At the expiration of the
term of this Lease or upon cancellation thereof, Tenant shall peacefully yield up to Landlord said
Demised Premises in good order and repair and broom clean. Tenant shall affix or display no signs
upon the Demised Premises or the Property without first having obtained the written approval of
Landlord and all necessary permits and licenses therefor.
Throughout the term hereof, Tenant, at Tenant's own cost and expense, shall: maintain the
Demised Premises ("Building")in a clean and sanitary condition; make all repairs to the Demised
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. HV AC, any signs, and installation of the glass and electrical and lighting
fixtures, which repairs and installations shall be equal in quality to the original work, or to such
superior condition as to which the Demised Premises may be put during the term of this Lease;
promptly pay the expense of such repairs and installations; supply and install all lights and lighting
to the extent replacement of existing lights and lighting shall be necessary to keep the Demised
Premises adequately illuminated; give prompt notice to Landlord of any dAmAge that may occur;
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
Premises("Building").
Tenant shall make no alteration 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 Pienii.ses; proVIded; however, that at Liuldlord'seleetioD; such
alterations;otherthanthoseconstituting-'fenanf~ Work as described in Section -18 of this. Lease, -shall
be removed and the Demised Premises restored to its original 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 structural elements of the Demised
Premises, except to the extent that such maintenance and repair is necessitated by the negligence or
willful acts of Tenant, in which event such maintenance 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 shall become overdue. Tenant shall pay for
all utilities consumed by Tenant or rendered to the Demised Premises.
4.b At the conclnsion of this lease. Tenant further agrees to return the Demised
(Building)Premises with a fully functional and operating HV AC system upon termination of this
Lease. Furthermore, Tenant shall return the building in a "Vanilla Shell Condition" All waIls to be
drywall, taped, coated, spackled, sanded and painted. The ceiling shall be replaced with 2' x 4'
acoustic tile with the necessary grid and tracking to hold tiles in place.. Lighting fixtures shall be of
sufficient candIe power and lumination based on the original lighting that was installed when tenant
received building (8' fIourescent tube lighting fixtures & lights) from LandIord. The entire floor
swface must be returned and delivered to landlord with a smooth concrete surface (all floor drains
removed). The concrete surface must be suitable for reinstallation of any floor covering that may
follow tenants occupancy. All garage doors shall be removed. The necessary brick and structura.I
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 referenced 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 present or future applicable
laws, ordinances, by-laws, roles and regulations. The Demised Premises shall be used for only the
purposes stated above, shalt not be used for any unlawful purpose, and no violations of law,
ordinance, by-law role or regulation of llI1Y 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 hazardous 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, manufactured, blended, handled, or used in, on,
or about the Demised Premises or the Property for any purpose.
6, 'Assienment. SublettinC oJ'-Encumberin2.-Tenantshallnotassign,-sublet, 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 written consent
of Landlord, which may not be unreasonably withheld. Should Landlord consent to an assignment
or subletting pursuant hereto, Tenant shall nonetheless remain fully liable and responsible for the
performance of each term or condition of this Lease. Landlord shall have the right to assign in whole
or in part, its interest in this Lealie.
7. Landlord Not Liable. Tenant shall indemnify, defend and hold Landlord harmless from
and against any and all actions, claims, demands, fines, liens, penalties, liabilities or costs (including
attorneys' fees) incmred 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 ofIaws, ordinances, by-laws, roles and regulations, any of
which occur in, on or about the Demised Premises or the Property or in the operations or activities
of Tenant and its agents, servants, employees, customers or occupants on or about any portion of the
Demised Premises and the Property.
Tenant agrees to be responsible for any damage to the property of Landlord 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. Insurance. During the Lease Term, Tenant, atits sole cost and expense, shall provide and
keep in force:
(a) commercial genera1liability insurance with the broad form endorsement, including, but
not limited to, personal injury and contractual liability coverage of not less than $1,000,000.00
combined single limit for both bodily injury and property damage resulting from a single occurrence,
occurring in and around the Demised Premises 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 property damage resulting from one occurrence;
(b) workmen's compensation insurance at legally required levels and employer's liability
insurance at limits of not less than $500,000.00 per accident for the benefit of all employees entering
upon the Demised Premises or the Property or any portion thereof as a result of or in connection with
their employment by Tenant;
(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"10 of full
replacement cost of Tenant's leasehold improvements and Owner's and contractor's protective
insUrance aIld independent contractor's Insurance with coverage of atIeast $2,000,000.00 for a single
occurrence and-fol'propertydamage. .
All said insurance shall be with such companies, and in such form, as are satisfactory to
Landlord, and shall contain only such deductible amounts for each such coverage as have first been
approved by Landlord in writing; Tenant shall in any event be responsible for all deductible amounts.
Landlord and its mortgagees shall be desigTIated as additional insured under all said insurance for
the full amount thereof. Tenant shall furnish Landlord proof that Demised Premises are covered by
Tenant's policy(ies) and that said policy(ies) shall not be terminated or fail to be renewed except on
thirty (30) days prior written notice from the insurer to the Landlord. Replacement policies shall be
provided to Landlord at least thirty (30) days prior to expiration 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
occupancy shall be upon all the terms and conditions hereof and shall be by Tenant at its own risk.
9. Security. Tenarit, contemporaneously with the execution of this Lease, has deposited with
Landlord Two Thousand Five Hundred($2,500.00) 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 of Landlord or of Landlord's agent as security forthe faithful
performance by Tenant of all of the terms, covenants, and conditions of this Lease to be kept and
performed by Tenant during the term hereof. However, should Tenant, more than twice in any
calendaryear, defaultin anyrent 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 shall
deposit with Landlord an amount that brings the total security depositto twice the amount held prior
to such default. At the signing of the above-mentioned lease, tenant shall pay landlord the first
months rent & the security deposit equa1 to the first month rent.
In the event of the failure of Tenant to keep and perform any of the terms, covenants and
conditions of this Lease to be kept and performed by Tenant, then Landlord, at its option may, with
or without terminating this Lease, apply the Security Deposit, or so much thereof as may be
necessary, to compensate Landlord for all costs, expenses, loss or damage, includingattomey's fees,
sustained or suffered by Landlord due to such breach on the part of Tenant. Should the entire deposit
or any portion thereofbe applied by Landlord for the payment of overdue rent or other smnsdue and
payable to Landlord by Tenant hereunder, then Tenant shall, upon the written demand of Land lord,
forthwith remit to Landlord an amount sufficient to restore the Security Deposit to the OriginalSUIn
deposited, and Tenant's failure to do 80 within ten (10) days after receipt of such demand shall
constitute a breach of this Lease. lfthe monthly Base Rent shall, from time to time, increase during
the term of this Lease, Tenant shall thereupon deposit with Landlord an additional Security DepOsit
so that the amount of-the Security Deposit -held-by -Landlord shall. at-all times- bear--the-same
proportion to current Base Rent as the original Security Deposit bears to the original monthly Base
Rent set forth in Section 3 hereof. Should Tenant comply with all of the terms, covenants and
conditions of this Lease 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 80 much thereof as may
remain shall be returned in :full to Tenant (or, at Landlord's option, to the last assignee, if any, of
Tenant's interest herein) at the expiration or earlier termination of this Lease.
10. Default by Tenant.
(a) A default hereunder shall occur if: (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, including, but not limited to Tenant's failure to
exercise due diligence in connection with the pursuit of all governmental approvals as referenced
in paragraph 18, and if Tenant shalI fail to cure said failure within ten (I 0) days after written notice
of said failure from Landlord; (Ui) Tenant or any guarantor of this Lease shall suffer an attachment
or levy upon execution against any of his or its real or personal property; (iv) Tenant or any guarantor
of this Lease shalI become insolvent or shalI file bankruptcy or reorgsni7J1tion proceedings under
federal or state law, or such proceedings are filed against Tenant or a guarantor of this Lease; (v) a
receiver shall be appointed for Tenant or a guarantor of this Lease or any of his or its property; or
(vi) Tenant or a guarantor of this Lease shall make an assignment 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 all of Landlord's rights and remedies under this Lease, including the right 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 termin..te this Lease or Tenant's right of
possession unless written notice of such intention is given by Landlord to Tenant. Landlord may elect
to terminate this Lease upon are-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
(f..m..ges 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 third parties for Tenant's account. Re-Ietting may be for a period
shorter or longer than the rem..inil1g term of this Lease. Tenant shall pay to Landlord the Rene due
under this Lease on the dates the Rent is due, plus the amounts necessary to compensate Landlord
as specified in subparagraphs (i) through (ill) below, less the Rent Landlordreceives from any
re-letting. If Landlord re-Iets the Demised Premises for Tenant's account as provided in this
subsection, Rent that Landlord receives from re-letting shall be lIpplied to the payment of: (i) first,
all-cestsincurred-by Landlord. for-re-Ietting, such as-(without limitation) repairs and refurnishing,
broker's commissions, attorneys' fees and rent inducements: (ll) second, any indebtedness from
Tenant to Landlord other than Rent due from Tenant; and (ill) finally, Rent due and unpaid under
this Lease. After deducting the payments referred to in this subsection, any sum rem..ining from the
Rent Landlotd receives from re-Ietting shalI be held by Landlord and applied in payment offuture
Rent as Rent becomes due under this Lease. If, on the date Rent is due under this Lease, the Rent
received from the re-letting and applied to Rent due is less than the Rent due on that date, Tenant
shall pay to Landlord the remaining Rent due.
(ll) Terminate this Lease and all rights of Tenant and any subtenants, licensees or.
concessionaires hereunder by giving 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 of the 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 peIform its obligations under this Lease or which in the
ordinary course of events wonld be likely to result therefrom, including Landlord's attorneys' fees.
(Hi) Declare immediately due and payable all Base Rent for the balance of the then current
term.
(iv) Distrain for rent and any other sum due Landlord hereunder. Tenant agrees that any
removal of goods from the Premises causing, or dining defanlt 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 undertbis Lease, Landlord may, but shall not be required to,
cure such defanlt at 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 ATTORNEY OF ANY COURT OF
RECORD TO APPEAR FOR TENANT, AND WITH OR WITHOUT COMPLAINT FILED, TO
CONFESS MONEY JUDGMENT AGAINST TENANT, AND IN FA VOR OF LANDLORD FOR
.
TIIE SUM OF mE RENT mEN DUE (INCLUDING WITHOUT LIMITATION ALL UNPAID
ADDmONALRENT ACCRUING HEREUNDER) AND FOR THE SUM DUE BY REASON OF
ANY BREACH OF ANY COVENANT BY TENANT, WITH COSTS OF SUIT AND AN
ATTORNEY'S COMMISSION OF 20 PERCENT FOR COLLECTION, AND TO ISSUE
EXECUTION TIIEREON WITH RELEASE FOR ALL ERRORS AND WIlROUT STAY OF
EXECUTION. SUCH AUTIlORITY SHALL .NOT BE EXHAUSTED BY ONE EXERCISE
THEREOF, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT
TO BE INVALID, VOIDABLE OR VOID, BUT JUDGMENT MAYBE CONFESSED AS
AFORESAID FROM TIME TO TIME AS OFTEN AS ANY DEFAULT IN TIIE PAYMENT OF
ANY SUCH SUM SHALL OCCUR. IF A TRUE AND CORRECT REPRODUCTION OF THE
ORIGINAL OF TIllS LEASE SHALL HAVE BEEN FILED IN SAID PROCEEDING, IT SHALL
NOT BE NECESSARY TO FlLE THE ORIGINAL AS AW ARRANT OF ATTORNEY. .
(e) IN THE EVENT OF ANYDEF AULTBYTENANT AND THE FAILURE OF TENANT
TO CURE SUCH DEFAULT WITIUN THE TIME PROVIDED HEREIN, IF ANY, OR AT THE
EXPIRATION OF THE TERM OF TIllS LEASE, TENANT HEREBY AUTHORIZES 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 EJECTMENT OF THE PREMISES WITH COSTS OF SUIT AND
ATTORNEY'S FEES, AND TO ISSUE WRITS OF EXECUTION AND POSSESSIONTIIEREON
WITH RELEASES OF ALL ERRORS AND WITHOUT STAY OF EXECUTION. SUCH
AUTHORITY SHALL NOT BE EXHAUSTED BY ONE EXERCISE THEREOF BUT
JUDGMENTS IN EJECTMENT MAYBE CONFESSED AS AFORESAID FROM TIME TO
TIME AS OFTEN AS IT BE NECESSARY FOR LANDLORD TO OBTAIN POSSESSION OF
TIIE PREMISES IN ACCORDANCE WITH ANY PROVISIONS OF TIllS LEASE. IF A TRUE
AND CORRECT REPRODUCTION OF THE ORIGINAL OF TIllS LEASE SHALLHA VEBEEN
FILED IN SAID PROCEEDING, IT SHALL NOT BE NECESSARY TO FILE TIIE ORIGINAL
AS A WARRANT OF ATTORNEY.
11. A Removal of Tenant's Property. Upon the expiration, termination or cancellation of
this Lease, if Tenant bas failed to remove any property brought upon the Demised Premises or the .
Property by Tenant, then and in that event said property shall be deemed abandoned by Tenant and
shall become the property of Landlord, 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 addition to any other
remedies available to it: (a) sell the property at a public or private sale, on the Demised Premises
or elsewhere (Without thereby waiving any claim against Tenant for any deficiency in sums owing
Landlord from Tenant over the proceeds of the sale), and after deducting any sums due to Landlord
hereunder, hold any balance for the account of Tenant; or (b) remove said property as the 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 fann ofwarehonse 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, andTenant
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 given 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 I. 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 if delivered 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 Claims Aninst Landlord. Notwithst'IMding anything to the contrary in
this Lease, any judgment or award obtained by Tenant against 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 this
Lease or its obligations as Landlord of the Demised Premises or owner of the Property. 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 judgment hereunder. In no event shall Landlord be required to pay a sum of money
greater than the value of its equity in the Property in order to satisfy any judgment or order
against Landlord arising from litigation or arbitration. In the event of any sale or transfer of the
Demised Premises or the Property, the seller, transferor or assignor shall be and hereby is entirely
freed and relieved of all agreements, covenants and obligations of Landlord thereafter to be
performed, and it shall be deemed and construed without further agreement between the parties
or their successors in interest or between the parties and the purchaser, transferee or assignee in
any such sale, transfer or assignment that such purchaser, transferee or assignee has assumed and
agreed to carry out any and all agreements, covenants and obligations of Landlord hereunder.
14. Subordination: Certificates: Financial Reportine. This Lease shall always be
subordinate to any mortgage or mortgage deed of trust which is now or hereafter a lien or
encumbrance against the Demised 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 seven
(7) days of a written 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,
subsisting, 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); (ll) the
dates to which the rent and other charges have been paid; (iii) the Lease term; (iv) that all
conditions to Tenant's possession of the Demised Premises and commencement of the Lease
Term have been satisfied, if accurate, and if not, stating those conditions which have not been
satisfied; (v) that neither party is in default under any provisions of this Lease, if accurate, and if
not, stating any defaults; (vi) that there are no otfsets-or defenses which either party has against
the other (or if there 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 statement 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 Landlord'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 from and against any and all claims, (lSlmll8es and
costs, including attorneys' fees, in connection with any claim for brokerage, finder's or similar
fees, or compensation related to this Lease, whiCh may be made or alleged as a result of acts or
agreements of theTenant withaperson.or entity-otherthan-the one specified in this-paragraph.. It
is hereby understood and disclosed that Eric 1. Swidler is a licensed sales person at NAI
ICommercial.Industrial Realty Company (CIR).
16. Casualty: Eminent Domain. In the event that the Demised Premises or the building
containing the Demised Premises are, wholly or in part, damaged by fire or other casualty, taken
by eminent domain, or sold to a public authority in lieu of being taken by eminent domain, then
Landlord may tenninSlte this Lease on thirty (30) days written notice to Tenant.
If this Lease is terminSlted 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 Lease shall continue in full force and effect, and Landlord
shall, within thirty (30) days after receipt of casualty insurance proceeds or an eminent domain
award (as the case may be), and solely to the extent thereof (after deducting Landlord's costs and
attorneys' fees of collecting the said insurance proceeds or said award) , proceed with the repair
or restoration of the Demised Premises and the building containing the Demised Premises and
return the Demised Premises and the building CODtaining the Demised Premises to substantially
the same condition they were immediately preceding the tlRmage or destruction. If any of the
Demised Premises shall be rendered unusable on account of such casualty tlllmlJge or taking,
Rent shall be abated for the portion of the Demised Premises rendered unusable until the same
are again usable by Tenant. Upon Landlord's substantial completion of restoration of the
Demised Premises, Tenant shall promptly repair or replace all ofits personalty tlaftlllged or
destroyed, including, but not limited to, its trade fixtures and furniture.
17. Tenant's Work and SiIm. Notwit:hsta1>ding any other provisions of this Lease to the
contnuy, Tenant shall perform at Tenant's sole cost and expense upon and to the Demised
Premises, all work necessary to open Tenants business including all due diligence with
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 "Tenant's Work") . All materials comprising the Tenant's Work shall be new and ofiirst
class quality. All Tenant's Work shall be performed in a good and workmAnlike manner, shall not
adversely affect the structural 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,
roles and regulations 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
construction plans, if any. Any sign erected by Tenant shall be erected at Tenant's expense and
in compliance with all applicable laws and regulations.
18. Iutemretation of A~ment. The agreements, terms, covenants and conditions herein shall
be governed and interpreted by the laws of the Co=onwealth of Pennsylvania. Jurisdiction to
resolve all disputes under this Lease shall be exclusive in the Co=onwealth of Pennsylvania
and venue exclusive in Cumberland County. Nothing contained in this Lease sball be deemed or
construed as creating a partnership or joint venture between Landlord and Tenant Although this
Lease shall bind and inure to the beneiit of Landlord, Tenant and their respective heirs, personal
representatives,-successors .andpermitted assigns, this section shall-not-constitute a permission-or
authorization by Landlord to Tenant to assign or in any way transfer its interest in this Lease.
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 1inal 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 terminAtP.d 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 shall 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 shall not be binding on Landlord or Tenant until executed by Landlord
and Tenant and delivered. 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 WHEREOF, this Lease Agreement has been duly executed by the parties
bereto-under.seal.8S-ofthe date.written.above.
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May 25, 2004
SINCE l888
3211 North Front Street
P.O. Box 5300
Harrisburg, P A 17110-m00
717-238-8187
Fax: 717-234-9478
VIA EXPRESS MAIL
Other Offices
Colonial Park Mechanicsbur,
717-652-7020 717-691-5577
MiIIersburg Sltippensburg
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 Woodall 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:
1. You have failed to pay rent for five (5) months, since December 2002;
2. You have violated other terms of the Lease including: (i) failure to pay real estate taxes,
(ii) failure to carry insurance on the property, (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 collector. School District Real Estate Taxes for the Premises for
the period July 1, 2003 to June 30, 2004 in the amount of$I,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.
James F. Carl
Edward E. Knauss, IV'
Jered L. Hock
Steven P. Miner
QarkDeVere
Milton Bernstein
Bruce J. Warshawsl<y
Francis J. Lafferty. IV
David H. Martineau
Andrew W. Norfleet
Andrew C. Spears
Young-Suh Koo
.. Botml Certified in civil
~. ~ a~d "4voau:y
.' .
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 2(b) 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.
Furthermore, 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 10(b)(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 inslnunent that will restore your option
terms pursuant to paragraph 2.
You must immediately:
1. 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. Swidler 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,
MET7Jif/J WICKERSHAM, KNAUSS & ERB, P.C.
~{).~ .
Bruce J. Warshawk
Special Counsel
BJW:deh
cc: Eric Swidler
305550-1
.Bruce J. Warshawsky
From:
Sent:
To:
Subject:
leewoodall@comcast.net
Thursday, July 29. 2004 6:04 PM
Eswidler@aol.com
Re: Rent / Other Charges Owed on 728 N. Hanover Street / Leased By Lee Woodall
t9
Rent / other
:harges 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"
1
JORDAN D. CUNNINGHAM
ROBERT E. CHERNICOFF
MARC W. WITZIG
BRUCE J. WARSHAWSKY
JOHN M. HYAMS
KELLY M. KNIGHT
CUNNINGHAM & CHERNICOFF, P.c.
ATTORNEYS AT LAW
P.O. BOX 60457
HARRISBURG, PENNSYLVANIA 17106-0457
HERSHEY TELEPHOI
(717) 534-2833
IRS NO. 23-2274135
Street Address:
2320 N. 2nd Street
Harrisburg. PA 17110
TELEPHONE (717) ~70
FAX (717) 238-4809
WrJter', Dlred EmaD:
bJ~c;cJ.wPC.l:om
September 10, 2004
VIA EXPRESS MAIL
Lee Artis Woodall
21 West Mulberry Hill Road
Carlisle, P A 17013
RE: Lease Agreement dated June 30, 2003, by and between
Eric J. SwidIer as Landlord and Lee Artis Woodall as Tenant
for Premises at 728 North Hanover Street, Carlisle, P A 17013
File No: 608504
Dear Mr. Woodall:
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 ofS524.12 was paid on
August I, 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.e.
ATTORNEYS AT LAW
Lee Artis 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 of20% of the sums due and owing.
Very truly yours,
COFF, P.C.
BIWlja
cc Eric J. Swidler
F:\HOME\BJW\DOCS\BSWIDLER\LTR9JOO4. WPD
ERIC J. SWIDLER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
No. 0'/- 4731 C4J Ib-
LEE ARTIS WOODALL,
Defendant
NOTICE UNDER RULE 2958.1 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 in the amount of$179,812.58 has been entered against you and in favor of
the plaintiff without prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The sheriff may take your money or
property to pay the judgment at any time after thirty (30) days after the date on which this notice
is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HA VB 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 MAYBE 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: 0; II 1/0'1
(/i
ce 1. arshawsky, Esquire
Supreme Court ID #58799
CUNNINGHAM & CHERNICOFF, P.e.
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
Attorneys for Plaintiff, Eric J Swidler
F:\HOME\BJW\DOCS\ESWIDLER\DEFRlGT. WPD
2
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
No. 0'-1- Y7 31 ~ u-
ERIC 1. SWIDLER,
Plaintiff
LEE ARTIS WOODALL,
Defendant
NOTICE OF JUDGMENT
TO: Lee Artis Woodall, Defendant
21 West Mulberry Hill Road and 728 North Hanover Street
Carlis]e, PA ]7013
YOU HEREBY ARE NOTIFIED that on ~Z-L_ ~ 2b , 2004, judgment by
confession was entered against you in an amount of $179,812.58, plus continuing interest at the rate of
$ 12.28 per diem through October 19,2004 and at the rate of$13.18 per diem thereafter.
Date: ..1,.:t.t~.;l() , 2004
~ r?. j; ,
PROTHONOTARY """1'/
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
Date:
CJ!,{!VVl
F:\HOME\BJW\DOCS\ESWIDLER\NOTJUDGE. WPD
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: (800) 990-9108
~~
Supreme Court ill #58799
CUNNINGHAM & CHERNICOFF, P.c.
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
Attorneys for Plaintiff. Eric 1. Swidler
2
ERIC 1. SWIDLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 04-4731 - CIVIL
LEE ARTIS WOODALL,
Defendant
RETURN OF SERVICE
I, Bruce J. Warshawsky, Esquire, for the law office of Cunningham & Chemicoff, P.C.,
do hereby swear and affirm that I have entered an appearanl:e 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 2958.1 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
PaRC.P.440:
Lee Artis Woodall, Defendant
21 West Mulberry Hill Road and 728 North Hanover Street
Carlisle, PA 17013
~~ICO~.PC
U;& J. Warshawsky, Esquire
2320 North Second Street
P.O. Box 60457
Harrisburg, P A 1711 0
(717)238-6570
F:\HOME\BJW\DOCS\ESWIDLER\CERT2958.WPD
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
On this, the I qfb day of {)tY7)tJuL ,2004, bf:fore me, a Notary Public, the
undersigned officer, personally appeared Bruce J, Warshawsky, Esquire, known to me (or
satisfactorily proven) to be the person described in the within instrument, and acknowledged that
he executed the same in the capacity therein stated and for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(~~duttMu amd~(,
Notary Public
NOTARIAL SEAL ,
J~LlEANNE AMETRANO, Notary Public
City of Harrisburg, PA Dauphin County
My Commission Expires Feb. 22, 2007
ERIC J. SWIDLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No.
0'4 -vt11\
LEE ARTIS WOODALL,
Defendant
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NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION TIji~RE~
~i'~ ~ - _
NOTICE OF DEFENDANT'S RIGHTS
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OJ
TO: Lee Artis Woodall, Defendant
21 West Mulberry Hill Road or 728 North Hanover Street
Carlisle, PA 17013
Ajudgment in the amount of$179,812.58 has been entered against you and in favor of
the plaintiff without prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The sheriff may take your money or
property to pay the judgment at any time after thirty (30) days after the date on which this notice
is served on you.
You may have legal rights to defeat the judgment OIr to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITIDN THIRTY (30) DAYS AFTER THE
DATE ON WHICH TIllS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
TIDS OFFICE CAN PROVIDE YOU WITH INFORMA lION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO IDRE A LA WYlER, TIllS OFFICE MAYBE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
",
LEGAL SERVICES TO ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE.
Pennsylvania Lawyer Referral Service
Pennsylvania Bar Associaltion
P.O. Box 186
Harrisburg, PA 17108
Telephone: (800) 692-7375
Cumberland County Bar Association
32 South Bedford Strel:t
Carlisle, PA 17013
Telephone: (800) 990-9108
Date:
1/' r-JO'1
,
2~
ce~~hawsky, Esquire
Supreme Court ID #58799
CUNl'IlNGHAM & CHERNICOFF, P.C.
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
Attorneys for Plaintiff, Eric J. Swidler
f,IHOMElBlWIOOCSlESWlDLERIDEFlUGT.WPD
2
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
vs.
( ~onfessed Judgment
( . ) Other
File No. 04 - 4 7 31
Amount Due $179,812. 58 ~
Interest $392.96 + $13. 18/day beginning
Atty's Comm Included 10-22-04
Costs To be Added
Caption:
Eric J. Swidler, Plaintiff
Lee Artis Woodall, Defendant
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County,
for debt, interest and costs, upon the following described property of the defendant(s)
All personal property a~ated at 728 North Hanover street, Carlisle, PA
and at 21 West MulberrY~ROad, Carlisle, PA
"k
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumber land County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
SEE ATTACHED
and all other property of the defendanHs) in the possession, custody or control of the said garnishee(s).
o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date
10-21-04
Signature:
Print Name:
Address:
-.,
Bruce J. Warshawsky, Esquire
Cunningham & Chernicoff, P.C.
2320 N. 2nd Street, Hbg, PA
Attorney for:
Telephone:
Supreme Court 10 No.:
Eric J. Swidler
717-238-6570
17110
58799
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ATTACHMENT TO WRIT OF EXECUTION
1. Garnishee: Commerce Bank.
Address: 20 Noble Boulevard, Carlisle, PA 17013
Description of Property:
Account No: #536266125/Routing No: #031301846 under a/k/a Lee Artis
Woodall, alk/a Lee A. Woodall, alk/a Lee Woodall
(Name and Social Security number of Defendant and any and all other deposit
accounts)
2. Garnishee: First Union Bank.
Address: 1200 Camp Hill Mall, Camp Hill, PA 17011
Description of Property:
Account No: #1010042362643/Routing No: #031000503
(Name and Social Security number of Defendant and any and all other deposit
accounts)
3. Garnishee: Mr. and/or Mrs. Robert Woodall
Address: 21 West Mulbeny Road, Carlisle, P A 17013
Description of Property: tXt l -Jb
Any and all items of personal property which befongs to the Defendant at the
address listed above.
F:\HOMEIBJW\DOCS\ESWIDLERIgarnish. wpd
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-4731 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ERIC J. SWIDLER Plaintiff(s)
From LEE ARTIS WOODALL, 21 W. MULBERRY HILL RD., CARLISLE PA 17013.
(1) You are directed to levy upon the property ofthe defendant (s)and to sell ALL PERSONAL
PROPERTY LOCATED AT 728 N . HANOVER ST., CARLISLE PA 17013 AND 21 W.
MULBERRY HILL RD., CARLISLE PA 17013.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of COMMERCE BANK, 20 NOBLE BLVD., CARLISLE P A 17013: FIRST UNION BANK, 1200
CAMP HILL MALL, CAMP HILL P A 17011: AND MR. AND/OR MRS. ROBERT WOODALL,
21 W. MULBERRY HILL RD., CARLISLE P A 17013.GARNISHEE(S) as follows:
SEE ATTACHED SHEET FOR GARNISHEE INFORMATION.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $179,812,58
Interest FROM 10/22/04 @ $13.18 per diem =
Atty's Comm %
Atty Paid $37.50
Plaintiff Paid
Date: OCTOBER 21, 2004
(Seal)
REQUESTING PARTY:
Name BRUCE J. WARSHAWSKY, ESQ.
Address: 2320 NORTH 2ND ST..
HARRISBURG PA 17110
Attorney for: PLAINTIFF
Telephone: (717) 238-6570
Supreme Court In No. 58799
L.L. $.50
$392.96
Due Prothy $1.00
Other Costs
:~~GJJ i~~
(J Deputy U
SIRLIN GALLOGLY & LESSER, P.C.
By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
ERIC J. SWIDLER
: COURT OF COMMON PLEAS
: COUNTY OF CUMBERLAND
vs,
LEE ARTIS WOODALL
and
: NO. 04-4731
W ACHOVIA BANK, N.A.,
GARNISHEE
F:NTRV OF APPF:ARANCF:
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Wachovia Bank, N.A., Garnishee, in the
above-captioned matter.
~
JON C. Sffi1-
Attorney for
Date:
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SIRLIN GALLOGLY & LESSER, P.e.
By: Jon e. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, P A 19102
(215) 864-9700
Attorney for Garnishee
ERIC 1. SWIDLER
: COURT OF COMMON PLEAS
: COUNTY OF CUMBERLAND
vs.
LEE ARTIS WOODALL
and
: NO. 04-4731
W ACHOVIA BANK, N.A.,
(J A RNTSHRR
ANSWRRS TO TNTRRROGA TORTRS TN ATT ACHMRNT
TO: ERIC 1. SWIDLER, PLAINTIFF
1. No.
2. Yes, an account titled Lee A. Woodall with a zero balance. This account has been
restricted pursuant to this writ.
3.-6 No.
7. See Answer to number two above.
Dated:
\\ ,1""0' i,1 IL"Ii" \. \.
WACHOVIA
I'.l). Bu, ;;h(\~
1'/,,1.1.1"'1' I] i". 1"'1111"" .1" ],1 1'1 1111::(,t, 7
\'crilicatioll
1,~\thk'el1 (;lIrll1k~. hell1g dul~ S\\Or!1 ~lccllrdit1g to [el\\. deposes and says that she is the
\\1 Il ~)I'I,\.('ellll~)ll .\dl11inl~lr~llnr ur \\'aeho\ ia Bank. N,A. Garnishee herein, and verifies
thell thL' statcment:-; made in the I'orcgoing :\n5\\CrS to Interro:~atories are true and COlTect
II) 1111...' h\..'st \)1"111...'1' kl1\1\\ kdgL'. Said Carnishcc undcrstands thal false statements herein are
llLllk ,uhIL'ct tn !)L'll;t!tics n( I S Pel. ('.S. Sectilln .+<)()...L relating to s\vom falsification to
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-04731 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
SWIDLER ERIC J
VS
WOODALL LEE ARTIS
, Sheriff or Deputy Sheriff of
And now DAVID MCKINNEY
Cumberland County, Pennsylvania, who being duly sworn according
to law, at 0015:20 Hours, on the 19th day of November, 2004, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
, in the
WOODALL LEE ARTIS
hands, possession, or control of the within named Garnishee
COMMERCE BANK 20 NOBLE BLVD
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
BETH A. WAGNER (ASST. BRANCH MANAGER)
personally 3 true and attested copies of the within
WRIT OF EXECUTION and made the contents thereof known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers:
.00
.00
.00
.00
.00
.00
~~~. .,.' .,"1'
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. AtI'..t ~j,;)~p
R. Thomas Kline
Sheriff of Cumberland County
11/29/2004
By
p ~#~-~ /~
Deputy Sheriff zr
Sworn and subscribed to before me
t;:- "}
this /~ - day Ofl..../''''._'J
,;( I/O ,~ A . D .
Cl~",_Q ~ A~
Proth notary I
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-04731 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
SWIDLER ERIC J
VS
WOODALL LEE ARTIS
And now DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according
to law, at 0016:55 Hours, on the 19th day of November
2004, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
WOODALL LEE ARTIS in the
hands, possession, or control of the within named Garnishee
WACHOVIA F/K/A FIRST UNION 1200 CAMP HILL MALL
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
JEFF KNAUB (MANAGER)
personally 3 true and attested copies of the within
WRIT OF EXECUTION and made the contents thereof known to His .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers:
.00
.00
.00
.00
.00
.00
....., -,'
~~._-'<....~~,
.
R. Thomas Kline
Sheriff of Cumberland
County
~ aP7f~f
. Deputy Sheriff
00/00/0000
By
Sworn and subscribed to before
this /1 ~ day O~"'A'
.J~ A.D. i
~~. Q ~,Pjl,., J~4
Pro 0 otary ,
me
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-04731 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
SWIDLER ERIC J
VS
WOODALL LEE ARTIS
And now RONALD E. HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according
to law, at 0012:25 Hours, on the 2nd day of December, 2004, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
WOODALL LEE ARTIS
, in the
hands, possession, or control of the within named Garnishee
ROBERT WOODALL 21 WEST MULBERRY HILL ROAD
CARLISLE, PA 17013
Cumberland County, pennsylvania, by handing to
ROBERT WOODALL
personally 3 true and attested copies of the within
WRIT OF EXECUTION and made the contents thereof known to His .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
So answers: .
~~<..p::!!!..
R. Thomas Kline
Sheriff of Cumberland County
00/00/0000
By
~~i2ee~'/tY/'
Deputy Sheriff
Sworn and subscribed to before me
this ~'1k day of ~""'7
,2tro _ A.D.
Qv;o ~'ot,., ~
Pr t onotary ,
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-04731 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
SWIDLER ERIC J
VS
WOODALL LEE ARTIS
, Sheriff or Deputy Sheriff of
And now RONALD E. HOOVER
Cumberland County, pennsylvania, who being duly sworn according
to law, at 0012:25 Hours, on the 2nd day of December 2004, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
WOODALL LEE ARTIS in the
hands, possession, or control of the within named Garnishee
MRS ROBERT WOODALL 21 WEST MULBERRY HILL ROAD
CARLISLE, PA 17013
Cumberland County, pennsylvania, by handing to
ROBERT WOODALL
personally 3 true and attested copies of the within
WRIT OF EXECUTION and made the contents thereof known to His .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
So answers:
~~~..~ -"d~:..
R. Thomas Kline
Sheriff of Cumberland County
00/00/0000
By
/i
-.,,/ ./ /,'c ~
~-Kc/
Deputy Sheriff
Sworn and subscribed to before me
this /'I E' day of h
;lU1!6 A.D.
~Q~oo,., ~'
Pro h notary ,
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-04731 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
SWIDLER ERIC J
VS
WOODALL LEE ARTIS
And now RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according
to law, at 0015:30 Hours, on the 2nd day of December, 2004, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
WOODALL LEE ARTIS , in the
hands, possession, or control of the within named Garnishee
ERIC SWIDLER 728 N. HANOVER ST
AD
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
ERIC SWIDLER
personally 3 true and attested copies of the within
WRIT OF EXECUTION and made the contents thereof known to His .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers:
.00
.00
.00
.00
.00
.00
?""~-~~,~~
R. Thomas Kline
Sheriff of Cumberland County
00/00/0000
By
./). ~
-~>~..
Deputy Sher.' ff
Sworn and subscribed to before me
this ? f' day Of~
dN_ A.D.
(J~/,-- W)y,,, &~h) (H'
Pr h notary I
ERIC J. SWIDLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL V ANL\
v.
No. 04-473 I-CIVIL
LEE ARTIS WOODALL,
Defendant
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Assistant, of the law finn of Cunningham & Chemicoff, P.C.,
hereby certifY that I served a true and exact copy of the foregoing Interrogatories in Aid of Execution
pursuant to Pa. R.C.P. 3 I 17 in the foregoing action by first class mail, postage prepaid, this {rJ1J day
I
ofheIJai(Jf~ 2005, on the following:
f
Lee Artis Woodall
21 West Mulberry Hill Road
Carlisle,PA 17013
Defendant
CUNNINGHAM & CHERNICOFF, P.e.
. 't1../~(,~d.,u.
! J ieanne Ametrano
( 2 20 North Second Street
arrisburg, PAl 7 I 10
, 717) 238-6570
ERIC J. SWIDLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
No.04-4731-CIVIL
LEE ARTIS WOODALL,
Defendant
INTERROGATORIES IN AID OF EXECUTION
PURSUANT TO Pa.R.C.P. 3117
TO: Lee Artis Woodall, Defendant
21 West Mulberry Hill Road
Carlisle, P A 17013
Plaintiff, by its counsel, Cunningham & Chemicoff, P.C. hereby demands that the above-
named Defendant answer the following Interrogatories, under oath, pursuant to the Rules of Civil
Procedure, within thirty (30) days after date of service hereof. These Interrogatories shall be
deemed continuing, so as to require supplemental answers if the affiant or anyone on Defendant's
behalf obtains further information between the time the answers are served and the time of trial.
The foregoing instructions are deemed to be incorporated into the Interrogatories which must be
answered strictly in accordance with the same.
A. If the Interrogatory is answered based upon infomlation not within the
Defendant's direct personal knowledge, identify the person and r<ecord supplying said information
in accordance with all the following instructions concerning identification and records.
B. The word "describe" when referring to an inspection (which is deemed to include
the terms: analysis, comparison, evaluation, tests or investigation) shall request the following
information:
1. Identify the person or persons conducting said inspection in accordance with
instructions for identifying persons;
2. State the purpose of said inspections;
3. Summarize the method and procedure used in conducting said inspection;
4. Set forth the result of said inspection;
5. Give the date of said inspection;
6. State if a report or other writing was made of or concerning said inspection;
7. Identify the said report or other writing in accordance with the instructions for
identifying documents;
8. State if said inspection was conducted in the ordinary course of Defendant's
business;
C. The word "identify" when referring to persons shall request the following
information about the person(s):
1. Names, nicknames, maiden names, married name(s) and aliases;
2. Residence and business addresses;
3. Residence and business telephone number;
4. Job title, position and description of association with any party;
5. Duties with any party;
6. Dates of association with any party;
7. Name and addresses and telephone number(s) of current association, if no longer
associated with Plaintiff;
8. Educational and professional background.
9. If an outside consultant, state the name and address of persons and employer and
the dates he performed services for defendant.
D. The word "identify" when referring to a corporation, partnership,
I. Name and fictitious name registrations (including all information recorded in such
registrations and the date and location of same);
2. Addresses;
3. Type or form of entity;
4. Nature of relationship with any party;
5. Dates of relationship with any party;
E. The word "identify" when referring to a record (which term is deemed to include
but not be limited to mean any report, memorandum, writing, c:orrespondence, tape, audio-
reproduction computer program, videotape, notes or other manual, stenographic, mechanical,
digital or electronic form of record) shall request the following information:
1. Description of the type of record;
2. Title or record and date it was made;
3. Detailed description of the contents and subject matter of the record (or provide a
copy of same;
4.
the record;
Identification of the person or persons contributing to the drafting and making of
5. Identification of the custodian ofthis record in accordance with the instructions for
identifying persons;
6. The current location of the record;
7. Whether the record was made in the ordinary CO\LTse of business and, if not, the
circumstances under which it was made;
8. The reason why said record was kept or not kept.
Each Interrogatory and sub-part is to be deemed severablt:. If objection is made to
answering any Interrogatory or sub-part thereof, the remainder should be answered.
Your answers are not limited by the space provided. Attach additional sheets by
referencing your answers to each Interrogatory as needed.
INTERROGATORIES
1. REAL ESTATE. Does the Defendant hav\: an ownership or interest in any
real estate anywhere in the United States? If so, set forth a brief description thereof, include the
structure and lot size and type of construction; the location, including the state, county, and
municipality; the volume and page number of the official record thereof; and state further whether
the defendant owns it solely or together with another person or persons and give their full names
and addresses. Supply the current value of the property and th,~ basis for the valuation (estimate,
tax assessment, appraisal, etc.). If any of the above properties are mortgaged, supply the name
and addresses of lenders, the date and amount of the mortgage, where it is recorded, the monthly
payments and the balance now due. Also supply the purchase date, purchase price and the name
of the party from whom the property was purchased.
2. TRANSFER OF REAL EST ATE. In the six years preceding to the date ofthese
Interrogatories has the Defendant transferred any real property either by sale, gift, exchange, or
otherwise? If so, please give a description of the property so transferred, the method or manner
of transfer, the name of the person, firm or other entity to whom transferred, the consideration or
amount received by the Defendant and the time and place of the transfer.
3. TRANSFERRED ASSETS AND GIFTS: If, in the preceding six years, the
defendant has transferred any assets (real property, personal property, chose in action), not
covered by the immediate preceding Interrogatory, to any person, and/or, if the defendant has
given an gift valued at more than $250.00, of any asset, including money, to any person; set
forth, in detail, a description of the property, the type of transa';tion, and the name and address of
the transferee or recipient.
4. AGREEMENTS: State whether the Defendant has any agreements involving
the purchase of any real state anywhere in the United States. If so, state with whom this
agreement is made, and state whether or not any persons are joined with the Defendant in the
agreement. Supply full names and addresses of all parties concerned. If the said agreement is
recorded, provide the state and county of recordation, with volume and page numbers.
5. ACCOUNTS RECEIVABLE. DEBTS. NOTES AND JUDGMENTS.
State the names and addresses of any and all persons whom the defendant believes owes
the defendant money and set forth in detail the amount of money owed, the terms of payment and
whether or not the defendant has written evidence of this indebtedness, and if so, the location
thereof. Also state if the matter is in litigation, and if so, give full details. If the defendant holds
Mortgages or judgments as security for any of these debts, state whether and when such was
recorded or entered; and the County, Book, Page number and term where recorded. If the
defendant holds this judgment or Mortgage jointly with any other person or persons, give their
names and addresses.
6. INSURANCE. State whether or not the defendant is the owner of any life
insurance contracts. If so, state the persons whose lives are so insured, the serial or policy
number or numbers of said contracts, the face amount, the exact name and address of the
insurance companies, the named beneficiary or beneficiaries and their present address. If the
defendant owns this insurance jointly with any other person or persons, give their name and
address. State whether such policies are term, whole life or some other type of policy. State also
whether such policies have any cash value and whether there exist any loans against such policies
and, if so, state all amounts.
7. GOVERNMENT. MUNICIPAL OR CORPORATE BOND. State whether
or not the defendant owns individually or jointly any corporate: or governmental bonds. If so,
include the face amount, serial numbers and maturity dates and state the present location thereof.
If the defendant owns any of these bonds jointly with any other person or persons, give their
names and addresses.
8. SHARES OR INTEREST. State whether or not the defendant owns any stocks,
shares, or interest in any corporation, or unincorporated association or partnership interest,
limited or general and state the location thereof. Include the nilmes and addresses of the
organizations and the serial numbers ofthe shares or stocks. If the defendant owns any of the
stocks, shares or interest jointly with any other person or persons, give their names and address.
9. DEPOSITORY ACCOUNTS. State whether or not the defendant maintains
any checking, savings, or other depository accounts. If so, state the name and location of the
depository institution and the branch or branches thereof, the i.dentification numbers of those
accounts, and the amount or amounts the defendant has in each account. If the defendant
maintains any of these jointly with another person, give their name and address.
10. SAFETY DEPOSIT BOXES. State whether or not the defendant
maintains any safety deposit box or boxes. If so, include the mune of the institution, branch or
branches, and the identification number or other designation of the box or boxes. Include a full
description of the contents and also the amount of cash among those contents. If the defendant
maintains any ofthese jointly with another person, give their full name and address.
11. PERSONAL PROPERTY. State whether or not the defendant owns any
personal property. Include a full description of all machinery, equipment, inventory, furniture,
fixtures, furnishings and any other items of personal property with full description, giving full
value and present location. State also whether or not there are any encumbrances or liens on that
property and if so, the name and address of the encumbrance or lien holder, the present balance
owing on that encumbrance and the transaction which gave ris,~ to the existence of the
encumbrance. State where and when the encumbrance or lien was recorded. If the defendant
owns any personal property with any other person or persons, ~~ve their name and address.
12. RENTED PROPERTY. Is any of the property of the defendant is rented to,
leased to or otherwise in possession of a third person? If so, state the full description of the
property; the name and address of the person, firm or other entity who has possession of the
property; the circumstances and reason why the property is in possession of the third person; the
consideration or payment received by the defendant; the name ;and address of the person who
receives the rents or other consideration on behalf of the defendant.
13. MOTOR VEHICLES. State whether or not the defendant owns or has any
rights in any motor vehicles. Include a full description of each such motor vehicle, including
color, model, title number, serial number and registration plate number. Also show the name or
names in which each motor vehicle is registered, the present value of each motor vehicle and their
present location and place of regular storage, garaging or parking. Whether also whether or not
there are any encumbrances on those motor vehicles and if so, Ilbe name and address of the
encumbrance holder, the date of the encumbrance, the original amount of that encumbrance, the
present balance of the encumbrance and the transaction which gave rise to the existence of the
encumbrance. If not owned, state the extent of the defendant's rights in and to such vehicles.
14. OTHER ASSETS. If the Defendant has any assets claims or accounts
receivables which are not disclosed in the preceding interrogatories, please set forth all details
concerning the same.
Dated: J-I&-Ct]
CUNNINGHAM & CHERNICOFF, P.C.
By
Bru . W shaw sky, Esquire
Attorney LD. No. 58799
P.O. Box 60457
2320 North Second Street
Harrisburg, PA 17110-0457
(717) 238-6570
Attorneys for Plaintiff
Eric Swidler
SIRLIN GALLOGLY & LESSER, P.C.
~ By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
ERIC J. SWIDLER
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
vs.
LEE ARTIS WOODALL
and
: NO. 04-4731
W ACHOVIA BANK, N.A.,
GARNISHFE
To: Bruce J. Warshawsky, Esquire
2320 North 2nd Street
Harrisburg, P A 17110
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pe1U1sy1vania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
X PRAECIPE FOR RULE OF NON PROS
JUDGMENT BY DEFAULT
MONEY JUDGMENT
JUDGMENT IN REPLEVIN
JUDGMENT FOR POSSESSION
JUDGMENT ON AWARD OF ARBITRATION
JUDGMENT ON VERDICT
JUDGMENT ON COURT FINDINGS
SIRLIN GALLOGLY & LESSER, P.C.
, By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnnt Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
ERIC J. SWIDLER
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
vs.
LEE ARTIS WOODALL
and
NO. 04-4731
W ACHOVIA BANK, NA,
GARNTSHFF
PR A F.f'TPE
TO THE PROTHONOTARY:
Kindly enter il Rule upon Plllintiff to either seek judgment against Garnishee, Wachovia
Bank, N.A., formerly known as First Union National Bank under Rule 3143(g) or to place the issue
between Plaintiff and Garnishee upon the list for trial, or in the alternative, to suffer judgment of
non pros against Plaintiff and in favor of Garnishee. Wachovia Bank, N.A.. formerly known as First
Union National Bank.
JON C. SIRL
Attorney for Garnishee
Date:
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SIRLIN GALLOGLY & LESSER, P.c.
o - .' By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
ERIC J. SWIDLER
: COURT OF COMMON PLEAS
: COUNTY OF CUMBERLAND
vs.
LEE ARTIS WOODALL
and
: NO. 04-4731
W ACHOVIA BANK, NA,
GARNTSHFF
R IrJ.E
TO THE PROTHONOTARY:
AND NOW, this~ayof {)r~a.; /
. 2005, a Rule is hereby granted upon Plaintiff
to seek judgment against Garnishee, Wachovia Bank, N.A., formerly known as First Union
National Bank, under Rule 3143(g) or to place the issue between Plaintiff, Defendant and
Garnishee upon the list for trial within twenty (20) days after the service hereof or to suffer
Judgment of Non Pros against Plaintiff.
V'f~~flVV~ ~u;~~ rAA ~15 864 9669
SG and L
ERIC J. SWIDLER
vs.
LEE ARnS WOODALL
and
W ACHOVIA BANK, NA
nA RN1~J..l'FK
: COURT OF COMMON PLEAS
: COUNTY OF CUMBERLAND
: NO. 044731
AITORNEY I.D.#
OROlCR TO 1)T~ rONTfNIJF. A 'IT Ar~NT EXRCll110N
TO THE PROTHONOTARY:
l,t] 002/002
Kindly mark the attachmen, against the Garnishee, Wachovia Bank, NA discontinued, upon
payment of your costs only.
'shee
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R. Thomas Kline, Sheriff, who being duly swom according to law, states that a
Sheriffs Sale of personal property was held on Monday February 7, 2005 at which time
the personal property of Lee Artis Woodall, was sold to Eric J. Swidler, of 845 Hamilton
Street, Carlisle, PA 17013, for the sum of $1.00, it being the highest bid and best price
quoted for the same. Date and Time of Sale, Monday February 7, 2005 at, 11 :00
A.M.E.D.S.T., at, 728 North Hanover Street, Carlisle, Pe1U1sylvania, 17011.
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Postage
Garnishee
TOTAL
So Answers;
18.00
4.86
10.00
.50
1.00
9.64
Advance Costs: 250.00
Sheriffs Costs 250.00
000.00
50.00
120.00
36.00
250.00
Sworn and Subscribed to before me
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R. Thomas Kline, Sheriff
B~ 1cll1 , ri 0 c'-' n~bC(~{'
2005 A.D.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
$
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i2v. /~')J~p
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL VANTA)
COUNTY OF CUMBERLAND)
NO 04-4731 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ERIC J. SMDLER PIaintiff(s)
From LEE ARTIS WOODALL, 21 W. MULBERRY HILL RD., CARLISLE P A 17013.
(I) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL
PROPERTY LOCATED AT 728 N . HANOVER ST., CARLISLE PA 17013 AND 21 W.
MULBERRY HILL RD., CARLISLE P A 17013.
,
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of COMMERCE BANK, 20 NOBLE BLVD., CARLISLE PA 17013: FIRST UNION BANK, 1200
CAMP HILL MALL, CAMP HILL PA 17011: AND MR. AND/OR MRS. ROBERT WOODALL,
21 W. MULBERRY HILL RD., CARLISLE P A 17013.GARNISHEE(S) as follows:
SEE ATTACHED SHEET FOR GARNISHEE INFORMATION.
and to notify the garnishee(s) that: (a) an attacl=.'.lnt has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defenclant(s) not levied upou an subject to attachmbnt is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $179,812,58
Interest FROM 10/22/04 @ $13.18 per diem =
Atty's Comm %
Atty Paid $37.s0
Plaintiff Paid
Date: OCTOBER 21, 2004
L.L. $.50
$392.96
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
JJ.
Deputy
REQUESTING PARTY:
Name BRUCE J. WARSHAWSKY, ESQ.
Address: 2320 NORTH 2ND ST..
HARRISBURG PA 17110
Attorney for: PLAINTIFF
Telephone: (717) 238-6570
Supreme Court ill No. 58799
SHERIFF'S SALE
BY VIRTUE OF WRIT OF EXECUTION NO. 2004-4731 CIVIL TERM ISSUED OUT
OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND
TO ME DIRECTED, I WILL EXPOSE TO PUBLIC SALE ON MONDAY THE 7TH
DAY OF FEBRUARY 2005 AT 11:00 A.M., THE PROPERTY OF LEE ARTIS
WOODALL, AT, 728 NORTH HANOVER STREET, CARLISLE, CUMBERLAND
COUNTY, PENNSYLVANIA.
THE FOLLOWING PROPERTY TO WIT:
BRIGGS AND STRATTON 6.5 HORSEPOWER POWER WASHER
FOUR SHELF STEEL UNIT (MAGUIRES)
CAR WASH SOAP AND WAX (5 GALLONS)
MISC. CAR WAXES AND CAR CLEANING PRODUCTS
DEWALT ELECTRIC CAR BUFFERS (2)
COFFEE POT
ELECTRIC HALOGEN WORK LAMP
GRAND PRIX II HP 100 CARPET SHAMPOO MACHINE
2.0 HORSE POWER INDUSTRIAL SHOP V ACS (2)
WOODEN DESK
VERIFONZ CREDIT CARD MACHINE
CASIO CASH REGISTER
POLAROID INSTANT CAMERA
AQUAFINA REFRIGERATOR
(A) ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH
THE SHERIFF BEFORE THE SALE, ALONG WITH THE PRESCRffiED FEE
OF FIFTY-FIVE DOLLARS ($55.00)
(B) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF
BEFORE DISTRIBUTION.
(C) THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED IN HIS
OFFICE ON THE 11 TH DAY OF FEBRUARY 2005 NOT LATER THAN FIVE
(5) DAYS AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN
ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED
WITHIN THE TEN (10) DAYS THEREAFTER.
TOGETHER WITH ALL THE BALANCE OF THE DEFENDANT'S PERSONAL
PROPERTY SEIZED AND TAKEN IN EXECUTION AS PROPERTY OF LEE ARTIS
WOODALL, AT, 728 NORTH HANOVER STREET, CARLISLE, CUMBERLAND
COUNTY, PENNSYLVANIA.
AND TO BE SOLD BY:
R. THOMAS KLINE, SHERIFF
CUMBERLAND COUNTY SHERIFF'S OFFICE
CARLISLE, PA 17013
POSTED 1-,)./-05" I:; l 0 s kS
CUMBERLAND COUNTY
SHERIFF'S OFFICE
CARLISLE, P A 17013
R. Thomas Kline, Sheriff, who being duly swom according to law, says that due
and legal notice having been given according to law, he sold the personal property
of Lee Artis Woodall, by handing to Eric J. Swidler, of 845 Hamilton Street, .
Carlisle, Pennsylvania 17013, for the sum of $1.00, it being the highest bid and
price quoted for the same. Date and Time of sale, Monday February 7, 2005, at
11 :00 A.M.E.D.S.T., at 728 North Hanover Street, Carlisle, Pennsylvania.
CLAUDIA A. BR .
Carlisle Bo o.
200S QIu.f!j); on
Sworn ~~cribed to before me
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R. Thomas Kline, Sheriff
ByCl0L1~Q,-~b~
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ERIC J. SWIDLER,
Plaintiff
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:No. 04-4731 - CIVIL
LEE ARTIS WOODALL,
Defendant
and
COMMERCE BANK,
Garnishee
PRAECIPE TO DISSOLVE ATTACHMENT
TO THE PROTHONOTARY:
Please kindly mark the Attachment against the Garnishee, Commerce Bank, in the above-
referenced matter dissolved.
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
Date:
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Bruce J. Warshawsky, Esquire
PA Supreme Court LD. #58799
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorney for Plaintiff)
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CERTIFICATE OF SERVICE
I, JuIieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chemicoff,
P.c., hereby certifY that I served a true and correct copy of the PRAECIPE TO DISSOLVE
A TT ACHMENT upon the following via first Class Mail, postage prepaid.
Amy Auckerman
Levy Specialist
Commerce Bank/Harrisburg N.A.
P.O. Box 8599
100 Senate Avenue
Camp Hill, PA 17011
CUNNINGHAM & CHERNICOFF, P.c.
Date:
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By:
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Julieanne Ametrano
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