HomeMy WebLinkAbout12-3916IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD J. FARINELLI, CIVIL DIVISION
Plaintiff, NO.: OZ - 3?
vs.
LYNN FROMM and FISHER ROAD, LLC t/a
L'KOSTE VILLA CAFE,
Defendants.
CONFESSION OF JUDGMENT
aged to
Pursuant to the authority contained in the aforesaid Lease, a copy o which is att
for
the Complaint filed in this action, I app judgment ear for the Defendants and confess 'ud?ent in f
..
Plaintiff and against Defendants as follows:
Past Due Rent: $ 33,466.00 - rv r"a
r:
-`
Late Charges: $12,008.60
mac':
12-month Penalty per Lease: $ 44,400.00 -?
TOTAL $ 89,874.60
JAMES, SMITH/DI TE CK
& CONNELLY
BY:
Scott A ett&i6,?e
PA I.D. 55650
Kimberly A. Bonner, Esquire
PA I.D. #89705
Attorneys for Defendants
PRO HAC VICE
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
M?A%4000 0
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD J. FARINELLI, CIVIL DIVISION
Plaintiff, NO.: I ip '7914 CiVLI
vs.
LYNN FROMM and FISHER ROAD, LLC t/a
L'KOSTE VILLA CAFE,
Defendants.
TYPE OF PLEADING:
CIVIL ACTION - COMPLAINT IN
CONFESSION OF JUDGMENT
TO: DEFENDANT(s)
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
3 Kacey Court, Suite 1010
Mechanicsburg, PA 17055
AND THE DEFENDANT(S):
Lynn Fromm
307 Alpat Drive, Dillsburg, PA 17019
Fisher Ro , LLC t/a L'Koste Villa Caff
2151 Fish R ite 101, Mechanicsburg, PA 17055
ATTO Y FOR PLAINTIFF
FILED ON BEHALF OF:
Donald J. Farinelli,
Plaintiff
COUNSEL OF RECORD FOR
THIS PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD J. FARINELLI, CIVIL DIVISION
Plaintiff, NO.: a - '391
VS.
LYNN FROMM and FISHER ROAD, LLC t/a
L'KOSTE VILLA CAFE,
Defendants.
CIVIL ACTION - COMPLAINT IN CONFESSION OF JUDGMENT
And now comes Donald J. Farinelli, by his attorneys, James, Smith, Dietterick &
Connelly, LLP, and files this Complaint in Confession of Judgment as follows:
1. The Plaintiff, Donald J. Farinelli, is an adult individual with an address of 3
Kacey Court, Suite 101, Mechanicsburg, Pennsylvania 17055.
2. The Defendant, Lynn Fromm, is an adult individual with an address of 307 Alpat
Drive, Dillsburg, Pennsylvania 17019.
3. The Defendant, Fisher Road, LLC t/a L'Koste Villa Caf6 is a business with an
address of 2151 Fisher Road, Suite 101, Mechanicsburg, Pennsylvania 17055.
4. On or about May 9, 2008, Defendants executed and delivered a certain
Commercial Lease ("Lease") in favor of Plaintiff for use of the premises at 2151 Fisher Road,
Suite 101, Mechanicsburg, Pennsylvania 17055, which Lease authorized a Confession of
Judgment against Defendants. A true and correct copy of said Lease is marked Exhibit "A",
attached hereto and made a part hereof.
5. The Lease has not been released, transferred or assigned.
6. Judgment has not been entered against the Defendants on the Lease in any
jurisdiction.
7. Defendants are in default under the aforesaid Lease, for failure to make rent
payments.
8. On or about April 25, 2012, notice of default was given to Defendant by Plaintiff
in accordance with the Lease, but Defendant has failed to cure the default. A true and correct
copy of the letter of Plaintiffs counsel to Defendant is marked Exhibit "B", attached hereto and
made a part hereof.
9. The judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
10. The itemization of the amount due as authorized by the Lease is as follows:
Past Due Rent: $ 33,466.00
Late Charges: $ 12,008.60
12-month Penalty per Lease: $ 44,400.00
TOTAL $ 89,874.60
WHEREFORE, Plaintiff as authorized by the Lease, demands judgment against the
Defendants in the amount of $89,874.60, and brings said instrument to Court to recover the said
sum.
JA
BY: X It/ 1144 Z
Scott
PA I.D. # 55650
Kimberly A. Bonner, Esquire
PA I.D. #89705
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
COMMERCIAL LEASE
THIS LEASE, entered into this 9th day of May, 2008 by and
between Donald J. Farinelli, ("Landlord"),
AND
Lynn Fromm and Fisher Road LLC, Trading as
L'Koste Villa Cafe ("Tenant").
NOW, THEREFORE, in consideration of the premises, the
mutual terms, covenants and conditions herein contained, and the
rent reserved to be paid by Tenant to Landlord, the parties
hereto, intending to be legally bound, do hereby agree and
covenant as follows:
2151 A6,L P4h-
1. PREMISES. Landlord eases to Tenant and Tenant leases
from Landlord Suite 101Gettysburg Pike, Upper Allen
Township, Cumberland County, Pennsylvania consisting of
approximately 2,240 square feet (the "Premises"). In addition,
Tenant shall have the nonexclusive right to use, on a first come
first serve basis, the parking area located adjacent to?the
Premises, except that employees of Tenant may be required to
park in areas specifically designated by Landlord.
2. TERM. The term shall commence on or about, depending
on Township permit approvals, June 1, 2008 (the "Commencement
Date") and shall expire on May 31, 2015. Rent shall be,prorated
from the commencement date to the actual occupancy of the
Premises.
3. POSSESSION. Possession of the Premises shall',be
delivered to Tenant upon the Commencement Date.
4. USE. The Premises shall be used by Tenant for a
Restaurant and no other purpose.
5. RENTAL. Tenant shall pay Landlord as minimum rent
during the first year of this Lease the sum of $43,128 payable
in equal monthly installments of $3,594. Tenant accepts the
Premises and agrees to the rental herein provided. The minimum
rent for the balance of the term being as follows:
Year 2, 6-1-2009
Year 3, 6-1-2010
Year 4, 6-1-2011
Year 5, 6-1-2012
Year 6, 6-1-2013
Year 7, 6-1-2014
to
to
to
to
to
to
5-31-2010,
5-31-2011,
5-31-2012,
5-31-2013,
5-31-2014,
5-31-2015,
$43,128 per
$43,128 per
$44,400 per
$45,744 per
$47,112 per
$48,528 per
year
year
year
year
year
year
$3,594/month
$3,594/month
$3,700/month
$3,812/month
$3,926/month
$4,044/month
After Year 7 The tenant has the right to extend the lease for 3
separate 5 year terms, for a total of 5, 10 or 15 additional
years. The decision to extend the lease may be done at the
conclusion of each 5 year term, but no later than 6 months prior
to the current term expiration.
In the event the building becomes available for sale the! Tenant
or assigns will have the first right of refusal to purchase the
property.
All rent shall be payable in advance, punctually and without
demand, deduction or set off, payable on the first day Of each
month during the term of this Lease to Donald J. or Jeanine K.
Farinelli at 3 Kacey Court, Suite 101, Mechanicsburg,
Pennsylvania or at such other place as Landlord may from time to
time designate in writing.
5.1. ADDITIONAL RENT. N/A
6. LATE CHARGE. If Tenant fails to make any rental or
other payment within ten (10) days of the date it is duo;
hereunder, a late charge equal to ten percent (100) of 'he
amount of the payment due shall be assessed and shall be
immediately due and collectible as additional rent hereunder.
7. SECURITY DEPOSIT. On execution of this Lease, Tenant
shall deposit with Landlord $3,594 as a security deposit for the
performance by Tenant of the provisions of this Lease. If
Tenant is in default, Landlord can use the security deposit, or
any portion of it, to cure the default or to compensate Landlord
for damage sustained by Landlord resulting from Tenant's;
default. Tenant shall immediately on demand pay to Landlord a
sum equal to the portion of the security deposit expended or
applied by Landlord as provided in this paragraph so as !to
maintain the security deposit in the sum initially deposited
with Landlord. If Tenant is not in default at the expiration or
termination of this Lease, Landlord shall return the security
deposit to Tenant. Landlord's obligations with respect 'to the
security deposit are those of a debtor and not a trustee.
Landlord can maintain the security deposit separate and apart
from Landlord's general funds or can commingle the security
deposit with Landlord's general and other funds. Landlord shall
not be required to pay Tenant interest on the security deposit.
This paragraph shall not be deemed to restrict Landlord''s rights
solely to the security deposit in the event of Tenant
default(s), and all other rights and remedies are hereby
reserved by Landlord.
8. UTILITIES AND SERVICES. Landlord shall pay and fully
discharge the sewer, water, subject, however, to the provisions
of paragraph 5.1. Tenant shall make arrangements for and pay
for all other utilities and services furnished to or used by it,
including without limitation, Electric, trash removal, Grease
trap cleanout, telephone service, TV cable, satellite service,
gas and for all connection charges.
9. REAL ESTATE TAXES AND ASSESSMENTS. Landlord shall pay
and fully discharge all real property taxes and
assessments.
10., COMPLIANCE WITH LAWS. Tenant shall comply with all
federal, state and local laws, statutes, ordinances, rules,
regulations, orders and requirements relative to the Ten;ant's
use and occupancy of the Premises. Tenant further agrees to
permit nothing to be done in, on or concerning the Premises
which would invalidate, conflict with or increase the premiums
for the fire, casualty or liability insurance covering the
Premises.
10.1. SMOKE-FREE BUILDING. Landlord and Tenant agree that
it is in the best interest of the parties, their employees and
the public to provide a smoke-free environment. Landlord and
Tenant shall use their best efforts to enforce a smoke-free
environment including, but not limited to, discouraging the
public from smoking on the premises, signage and other
reasonable actions to maintain a smoke-free building.
10.2. NON STANDARD TENANT IMPROVEMENTS. (See Build-out Proposal
from Farinelli Construction Inc. dated 6-4-2007)
11. MAINTENANCE. Tenant at its cost shall maintain the
Premises and any fixtures, machinery or equipment therein, in
good condition. Landlord shall not have any responsibility to
maintain the Premises except for exterior appearance, building
structure, lawn maintenance, snow removal in the parking, area
adjacent to the Premises, and major systems repairs such as
repairs to the heating or central air conditioning systems. The
term "major system repairs" as used herein shall mean a',repair
to a major mechanical or structural system exceeding a cost of
one Hundred ($200.00) Dollars.
Landlord does not provide any janitorial services. Tenant
shall, at its own expense, maintain the Premises in a neat and
orderly fashion.
Landlord shall use its best efforts to provide adequate
snow removal provided, however, that Tenant shall be responsible
for snow removal from the sidewalk, porch and vestibule of the
Premises.
Upon expiration or termination of the term, Tenant shall
yield up the Premises to Landlord in as good condition and
repair as existing on the commencement of the term, ordinary
wear and tear alone excepted.
12. STRUCTURAL ALTERATIONS. Tenant shall not make any
structural or exterior alterations to the Premises without
Landlord's prior written consent.
13. NONSTRUCTURAL ALTERATIONS. Except as provided in
paragraph 10.2, Tenant at its cost after obtaining Landlord's
written consent may make nonstructural alterations to the
interior of the Premises and may place and attach such
equipment, machinery and fixtures therein as Tenant requires in
order to conduct its business on the Premises.
14. MECHANICS' LIENS. Tenant will not permit any'
mechanics' claim or lien to be placed upon the Premises lor any
building or improvement constituting a part thereof during the
term, and in case of the filing of any such claim or lien.
Tenant will promptly discharge same or procure a lien release
bond by a good and sufficient surety corporation in an amount
equal to one and one-half times the amount of the claim ior lien.
15. SIGNAGE. Landlord shall provide one (1) sign visible
from Fisher Road which shall identify the Tenants of Landlord's
building. No other signs shall be allowed without the
Landlord's prior written consent. Other signage will be'the
responsibility of the Tenant.
15.1. MAILBOXES. Landlord shall provide a cluster box for
mail delivery, the location of which shall be agreed toiby the
Postal Service.
16. INDEMNITY AND EXCULPATION; INSURANCE.
A. Exculpation of Landlord.
Landlord shall not be liable to Tenant for any damage
to Tenant or Tenant's property from any cause, including
any defective condition of any part of the Premises,
whether or not such condition existed prior to the date of
this Lease. Tenant waives all claims against Landlord for
damage to person or property arising for any reason, except
that Landlord shall be liable to Tenant for damage to
Tenant resulting from the negligent acts or omissions of
Landlord or its authorized representatives.
B. Indemnity.
Tenant shall hold Landlord harmless from all damages
arising out of any damage to any person or property
occurring on the Premises, except that Landlord shall be
liable to Tenant for damage resulting from the acts or
omissions of Landlord or its authorized representatives.
Landlord shall hold Tenant harmless from all damages
arising out of any such damage. A party's obligation under
this paragraph to indemnify and hold the other party
harmless shall be limited to the sum that exceeds the
amount of insurance proceeds, if any, received by the party
being indemnified.
C. Insurance.
Tenant shall obtain and submit to the Landlord
insurance policies (or certificates) for $1,000,000.00
public liability and $2,000,000.00 for property damage,
fire and casualty (commonly known as "Renters Insurance")
insurance in form satisfactory to Landlord. Tenant shall
keep such insurance in effect during the term of this
Lease.
Tenant shall cause each insurance policy obtained by
it to provide that the insurance company waives all right of
recovery by way of subrogation against either party in
connection with any damage covered by any policy. Neither party
shall be liable to the other for any damage caused by fire or
any of the risks insured against under any insurance policy
required by this Lease.
All insurance required under this Lease shall:
(i) Insure performance by Tenant of the indemnity
provisions of subparagraph B above, name both parties as
coinsureds, and contain a cross liability endorsement.
(ii) Be issued by a reputable insurance company
authorized to do business in the Commonwealth of
Pennsylvania.
(iii) Contain an endorsement requiring thirty (30)
days' written notice from the insurance company to both
parties before cancellation or change in the coverage,
scope, or amount of any policy.
(iv) Each policy, together with evidence of payment of
premiums, shall be deposited with the Landlord at the
commencement of the term, and on renewal of the policy not
less than twenty (20) days before the expiration of the
term of the policy.
(v) Contain a provision that no act or omission of
Tenant shall affect the obligation of the insurer to pay
the full amount of any loss sustained with respect to any
policy upon which Landlord is a named insured.
17. DESTRUCTION AND RESTORATION. If the Premises are
destroyed or damaged by fire, or other casualty to the extent
that they are untenable in whole or in part, then Landlord may,
at Landlord's option proceed to rebuild and restore the
Premises, provided that within ten (10) days after such damage
or destruction Landlord shall in writing notify Tenant of
Landlord's intention to do so, and during the period of such
rebuilding or restoration, the rent shall be abated in the same
ratio as the square footage in the portion of the Premises
rendered untenable shall bear to the total square footage in the
Premises. If Landlord shall reasonably determine that such
destruction or damage cannot be repaired within thirty (30) days
from the date of notice, it shall so notify Tenant within ten
(10) days. In such event, either Landlord or Tenant may within
ten (10) days after such notice, terminate this Lease. If
neither party terminates the Lease during the ten (10) day
period, this Lease shall remain in effect and Landlord shall
diligently proceed to repair or reconstruct the Premises and the
rent shall be abated as set forth above.
18. CONDEMNATION. If the whole or any part of the
Premises shall be taken under power of eminent domain or like
power, or sold under eminent threat thereof to any public
authority or private entity having such power, this Lease shall
terminate as to the part of the Premises so taken or sole,
effective as of the date possession is required to be delivered
to such authority or entity. Rent for the remaining term shall
be reduced in the proportion that the total square footage of
the Premises is reduced by the taking. If a partial taking or
sale (i) substantially reduces the area of the Premises
resulting in the inability of Tenant to use the Premises for
Tenant's business purposes, or (ii) renders the building
commercially non-viable to Landlord (in Landlord's sole
judgment), Tenant in the case of (i) and Landlord in the case of
(ii) may terminate this Lease by notice to the other party
within thirty (30) days after the terminating party received
written notice of the portion to be taken or sold, to be
effective one hundred twenty (120) days thereafter or when the
portion is taken or sold, which ever is sooner. All
condemnation awards and similar payments shall be paid and
belong to Landlord, except any amount separately awarded and
paid specifically to Tenant.
19. ENVIRONMENTAL MATTERS. Tenant hereby agrees to
indemnify, to defend and to hold harmless Landlord of, from and
against any and all expenses, loss or liability due to Tenant
and suffered by state and federal environmental statutes
("Environmental Statutes") or failure to properly handle
hazardous substances, including but not limited to:
(1) Any and all expenses that Landlord may incur
in complying with any Environmental Statutes;
(2) Any and all costs that Landlord may incur in
in studying or remedying any contamination of the Premises
caused by Tenant;
(3) Any and all fines, penalties, or other
sanctions assessed upon Landlord by reason of failure of
Tenant to have complied with Environmental Statutes.
(4) Any and all loss of value of the Premises by
reason of:
(i) Tenant's failure to comply with
Environmental Statutes; .
(ii) The presence on the Premises of any
hazardous substances; and
(iii) Any and all legal and professional fees and
costs incurred by Landlord in connection with'the
foregoing.
For the purposes of this paragraph "hazardous substances"
shall mean "hazardous substances" as defined pursuant to the
Comprehensive Environmental Response, Compensation and Liability
Act, 42 U.S.C. §§9601-9657, as amended by the Superfund'
Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499,
100 Stat. 1613 (Oct. 17, 1986), "Regulated substances" within
the meaning of subtitle I of the Resource Conservation and
Recovery Act, 42 U.S. C. §§6991-6991i, as amended by the
Superfund Amendments and Reauthorization Act of 1986, Pub. L.
No. 99-499, 100 Stat. 1613 (Oct. 17, 1986), "hazardous waste" as
defined pursuant to the Pennsylvania Solid Waste Management Act,
Pa. Stat. Ann. Tit. 35 Pa. C.S.A. §§6018.101 to .1003, or any
other substances which may be the subject of liability pursuant
to Sections 316 or 401 of the Pennsylvania Clean Streams Law,
Pa. Stat. Ann. Tit. 35 Pa. C.S.A. §§691.1 to .1001.
20. ASSIGNMENT AND SUBLETTING. Tenant shall not assign or
sublet all or any part of this Lease or the Premises, without
the consent of Landlord, which consent shall not be unreasonably
withheld. Any assignment by operation of law, attachment or
assignment for the benefit of creditors, shall, at Landlord's
option, be inoperative. Notwithstanding any subletting or
assigning, Tenant shall remain obligated to Landlord for the
full and faithful performance of all terms and conditions of
this Lease.
21. TRANSFER BY LANDLORD. The interest of the Landlord
herein may be assigned in whole and also in one or more parts.
In the case of any such assignment the Landlord shall advise the
Tenant of the name or names of the assignee or assignees,.and
Landlord shall have no liability hereunder from and after the
effective date of any such assignment, except for obligations
which may have theretofore accrued.
22. QUIET ENJOYMENT. Landlord covenants to allow Tenant
quietly and peaceably to enjoy possession of the Premises free
from interference or interruption of Landlord or any other
person claiming under or through Landlord, and Landlord
represents to Tenant that it has a sufficient ownership interest
in the Premises to enter into and carry out the provisions of
this Lease.
23. ACCESS TO PREMISES. Tenant will allow Landlord free
access to the Premises in the event of an emergency and during
normal business hours for the purpose of examining or exhibiting
the same, or for any other proper purpose, and will allow to
have placed upon the Premises, at any time, "For Sale" signs,
and during the last six (6) months of the term of this Lease,
"For Rent" signs, and will not interfere with the same.'
24. NONLIABILITY OF LANDLORD. Landlord shall not',be
liable for any damage occasioned by failure of the Premises to
be in repair, nor for any damage done or occasioned by or from
plumbing, gas, water, sprinkler, steam or other pipes or,
sewerage, or the bursting, leaking or running of any tank,
washstand, water closet or waste pipe in, above, upon or about
the Premises or improvements constituting a part thereof;, nor
for any damage occasioned by water, snow or ice being upon or
coming through the roof, skylights, trap door or otherwise.
25. BANKRUPTCY OR INSOLVENCY. If any transfer of 'Tenant's
interest in the Premises created by this Lease shall be ;made
under execution or similar legal process, or if a petition is
filed by or against Tenant to adjudicate Tenant a bankrgpt or
insolvent under any Federal or State law, or if a receiver or
trustee shall be appointed for Tenant's business or property and
such appointment is not vacated within ten (10) days, or if a
petition or answer is filed by or against Tenant under any
provision of Federal or State law seeking a reorganization of
Tenant or an arrangement with its creditors, or if Tenant makes
an assignment or deed of trust for the benefit of its creditors,
or if in any other manner Tenant's interest under this Lease
shall pass to another by operation of law, then, in any of said
events, Tenant shall be deemed to have committed a material
breach of this Lease and an Event of Default, and Landlord may
at its option, exercise its remedies under this Lease without
prior notice or opportunity to cure.
26. NOTICES. All notices or other communications pursuant
hereto to any party shall be in writing and shall be deemed
given when delivered personally or deposited in the United
States mail, postage prepaid, return receipt requested,
addressed to the parties at the addresses set out below, or at
such other address as provided for by a notice complying with
this paragraph:
If to Landlord: Donald J. or Jeanne K. Farnelli
3 Kacey Court, Suite 101
Mechanicsburg, PA 17055
If to Tenant: At the Premises.
27. DEFAULT.
A. Tenant's Default.
The occurrence of any of the following shall
constitute an Event of Default by Tenant:
(i) Failure to pay rent or any other sum of money
(including deposits) when due, if the failure continues for
five (5) days after notice has been given to Tenant.
(ii) Abandonment and vacation of the Premises (failure
to occupy and operate the Premises for thirty (30)
consecutive days shall be deemed an abandonment and
vacation).
(iii) Failure to perform any other provision of this
Lease if the failure to perform is not cured within thirty
(30) days after notice has been given to Tenant. if the
default cannot reasonably be cured within thirty (30) days,
Tenant shall not be in default of this Lease if Tenant
commences to cure the default within the thirty (30) day
period and diligently and in good faith continues to cure
the default; provided, however, that Landlord's interests
in the Premises are not prejudiced in the interim.
Notices given under this paragraph shall specify the
alleged default, and shall demand that Tenant perform the
provisions of this Lease or pay the rent that is in arrears, as
the case may be, within the applicable period of time. No such
notice shall be deemed a forfeiture or a termination of this
Lease unless Landlord so elects in the notice.
B. Landlord's Remedies.
Upon the occurrence of an Event of Default by the
Tenant, in addition to any other rights or remedies that
Landlord may have under this Lease or at law or in equity,
Tenant covenants and agrees that Landlord shall have the
following rights:
(i) To accelerate the rent for the term of twelve
(12) months at the rate it is then due and payable under
the terms of the Lease, as well as all other charges,
payments, costs and expenses herein agreed to be paid by
Tenant, and any rent or other charges, payments, costs and
expenses if so accelerated shall, in addition to any and
all installments of rent already due and payable and in
arrears, and/or any other charge or payment herein
reserved, included or agreed to be treated or collected as
rent and/or any other charge, expense or cost herein agreed
to be paid by Tenant which may be due and payable n
arrears, be deemed due and payable as if, by the terms and
provisions of this Lease, such accelerated rent and other
charges, payments, costs and expenses were on that date
payable in advance. In the event Tenant's obligations
continue under this Lease beyond twelve (12) months,
Landlord may, from time to time, accelerate the rent for
the term of twelve (12) months as it becomes due and
payable.
(ii) To enter the Premises and without further demand
or notice proceed to distress and sale of the goods,
chattels and personal property there found, to levy the
rent and/or other charges herein payable as rent, and
Tenant shall pay all costs and officers' commissions,
including watchmen's wages and sums chargeable to Landlord,
and further including the five (50) percent chargeable by
the Act of Assembly as commissions to the constable or
other person making the levy and in such case all costs,
officers' commissions and other charges shall immediately
attach and become part of the claim of Landlord for rent,
and any tender of rent without said costs, commissions and
charges made, after the issuance of a warrant of distress,
shall not be sufficient to satisfy the claim of Landlord.
(iii) To reenter the Premises and remove all persons and
all or any property therefrom either by summary dispossess
proceedings or by any suitable action or proceeding at law,
without being liable to indictment, prosecution or damages
therefor, and repossess and enjoy the Premises, together
with all additions, alterations and improvements. "Upon
recovering possession of the Premises by reason of or based
upon or arising out of a default on the part of Tenant,
Landlord may, at Landlords option, either terminate this
Lease or make such alterations and repairs as may be
necessary in order to relet and/or operate the Premises or
any part or parts thereof, either in Landlord's name or
otherwise, for a term or terms which may at Landlord's
option be less than or exceed the period which would
_ otherwise have constituted the balance of the term of this
Lease and other terms and conditions as in Landlord's sole
discretion may seem advisable and to such person or persons
as may in Landlord's discretion seem best; upon each such
reletting all rents received by Landlord from such
reletting shall be applied: first, to the payment of any
costs and expenses of such reletting, including brokerage
fees and attorney's fees and all costs of such alterations
and repairs; second, to the payment of rent due and unpaid
hereunder; and third, to the payment of any indebtedness
other than rent due hereunder from Tenant to Landlord; and
the residue, if any, shall be held by Landlord and applied
in payment of future rent as it may become due and payable
hereunder. If such rentals received from such reletting
during any month shall be less than that to be paid, during
that month by Tenant hereunder, Tenant shall pay any such
deficiency to Landlord. Such deficiency shall be
calculated and paid monthly. No such reentry or talking
possession of the Premises or the making of alterations
and/or improvements thereto or the reletting thereof shall
be construed as an election on the part of Landlord to
terminate this Lease unless written notice of such
intention be given to Tenant. If Landlord chooses!to
terminate the Lease and to relet the Premises, Landlord
shall use its best efforts to relet the Premises and to
collect the fair rental charged therefor. Tenant, for
Tenant and Tenant's successors and assigns, hereby',
irrevocable constitutes and appoints Landlord as thjeir
agent to collect the rents due and to become due under all
subleases of the Premises or any parts thereof without in
any way affecting Tenant's obligation to pay any unpaid
balance of rent due or to become due hereunder.
Notwithstanding any such reletting without termination,
Landlord may at any time thereafter elect to terminate this
Lease for such previous breach.
(iv) To cure any default by Tenant at Tenant's cost.
If Landlord at any time, by reason of Tenant's default,
pays any sum or does any act that requires the payment of
any sum, the sum paid by Landlord shall be due immediately
from Tenant to Landlord at the time the same is paid, and
if paid at a later date shall bear interest at the rate of
fifteen percent (15%) per annum from the date the sum is
paid by Landlord until Landlord is reimbursed by Tenant.
The sum together with interest on it, shall be additional
rent.
(v) To terminate this Lease and the term hereby created
without any right on the part of Tenant to waive the
forfeiture by payment of any sum due or by other
performance of any condition, term or covenant broken,
whereupon Landlord shall be entitled to recover, in
addition to any and all sums and damages for violation of
Tenant's obligations hereunder in existence at the time of
such termination, damages for Tenant's default in an amount
equal to the amount of the rent reserved for the balance of
the term of this Lease, as well as all other charges,
payments costs and expenses herein agreed to be paid by
Tenant, less the fair rental value of the Premises for the
remainder of said term, all of which amount shall be
immediately due and payable from Tenant to Landlord.
(vi) If Tenant shall default in the payment of the rent
herein reserved or in the payment of any other sums due
hereunder by Tenant, Tenant hereby authorizes and empowers
any Prothonotary or attorney of any court of record to
appear for Tenant in any and all actions which may be
brought for said rent and/or said other sums; and/or to
sign for Tenant an agreement for entering in any competent
court an amicable action or actions for the recovery of
said rental and/or other sums; and in said suits or in said
amicable action or actions to confess judgment against
Tenant for all or any part of said rental and/or said other
sums, including but not limited to the amounts due from
Tenant to Landlord under subparagraphs (i), (ii), (iii),
(iv), and/or (v) of this Paragraph; and for interest and
costs, together with reasonable attorney's fees. Such
authority shall not be exhausted by one exercise thereof,
but judgment may be confessed as aforesaid from time to
time as often as any of said rental and/or other sums shall
fall due or be in 'arrears, and such powers may be exercised
as well after the expiration of the initial term of this
Lease and/or during any extended or renewal term of this
Lease and/or after the expiration of any extended or
renewal term of this Lease.
(vii) When this Lease and the term or any extension or
renewal thereof shall have been terminated on account of
any default by Tenant hereunder, and also when the term
hereby created or any extension or renewal thereof shall
have expired, it shall be lawful for any attorney of any
court of record to appear as attorney for Tenant as well as
for all persons claiming by, through or under Tenant, and
to sign an agreement for entering in any competent court an
amicable action in ejectment against Tenant and all person
claiming by, through or under Tenant and therein confess
judgment for the recovery by Landlord of possession of the
Premises, for which this Lease shall be sufficient warrant;
thereupon, if Landlord so desires, an appropriate writ of
possession may issue forthwith, without any prior writ or
proceeding whatsoever, and provided that if for any reason
after such action shall have been commenced it shall be
determined that possession of the Premises remain in or be
restored to Tenant, Landlord shall have the right for the
same default and upon any subsequent default or defaults,
or upon the termination of this Lease or Tenant's right of
possession as hereinbefore set forth, to bring one or more
further amicable action or actions as hereinbeforeset
forth to recover possession of the Premises and confess
judgment for the recovery of possession of the Premises as
hereinbefore provided.
(viii) In any amicable action of ejectment and/or for
rent and/or other sums brought hereon, Landlord shall first
cause to be filed in such action an affidavit madeby
Landlord or someone acting for Landlord, setting forth the
facts necessary to authorize the entry of judgment,' of
which facts such affidavit shall be prima facie evidence,
and if a true copy of this Lease (and of the truth of the
copy such affidavit shall be sufficient evidence) shall be
filed in such suit, action or actions, it shall not be
necessary to file the original as a warrant of attojrney,
any rule of Court, custom or practice to the contrary
notwithstanding.
(ix) No right or remedy herein conferred upon or
reserved to Landlord is intended to be exclusive oflany
other right or remedy herein or by law provided but', each
shall be cumulative and in addition to every other ''right or
remedy given herein or now or hereafter existing at law or
in equity or by statute.
(x) Tenant waives any notice to quit required by any
law now in force or hereafter enacted; and Tenant waives
its right to trial by jury.
C. Landlord's Default and Tenant's Remedies.
If the Landlord shall default in fulfilling any of
The covenants or provisions of this Lease on its part to'be
performed, tenant shall be entitled to the remedies provided by
law or in equity after first providing Landlord with 30 days
written notice of the alleged default. Landlord shall have the
opportunity to cure the default within 30 days or such time as
is reasonably required to cure such default.
28. SUBORDINATION; ATTORNMENT AND CERTIFICATES. This
Lease is and shall be subordinate to any existing and all future
mortgages placed upon the Premises by Landlord. This clause
shall be self operative and no further instrument of
subordination shall be required by any mortgagee or trustee.
Notwithstanding the foregoing, in confirmation of such
subordination, Tenant shall at Landlord's request promptly
execute any requisite or appropriate certificate, subordination
agreement or other document.
Tenant shall execute and return within ten (10) working
days any certificate that Landlord may request from time to
time, stating that this Lease is unmodified and in full force
and effect, or in full force and effect as modified, and stating
the modification. The certificate also shall state the amount
of monthly rental and the dates to which the rent has been paid
in advance, and the amount of any security deposit or prepaid
rent; that there is no present default on the part of Landlord,
or attach a memorandum stating any such instance of default;
that Tenant has no right to set off and no defense or
counterclaim against enforcement of its obligations under the
Lease; and that Tenant has no other notice of any sale, transfer
or assignment of this Lease or of the rentals. Failure to
deliver the certificate within ten (10) working days shall be
conclusive upon Tenant for the benefit of Landlord and any
successor to Landlord that this Lease is in full force and
effect and has not been modified except as may be represented by
the party requesting the certificate. If Tenant fails to
deliver the certificate within ten (10) working days, Tenant by
such failure irrevocably constitutes and appoints Landlord as
its special attorney-in-fact to execute and deliver the
certificate to any third party.
Tenant covenants and agrees to attorn to any purchaser at
any foreclosure sale, or to any grantee or transferee designated
in any deed given in lieu of foreclosure.
29. WAIVER. No delay or omission in the exercise of any
right or remedy of Landlord on any default by Tenant shall
impair such a right or remedy or be construed as a waiver. The
receipt and acceptance by Landlord of delinquent' rent shall not
constitute a waiver of any other default; it shall constitute
only a waiver of timely payment for the particular rent payment
involved.
Any waiver by Landlord of any default must be in writing
and shall not be a waiver of any default concerning the same or
any other provision of this Lease.
30. ACCORD AND SATISFACTION. No payment by Tenant or
receipt by Landlord of a lesser amount than any payment of rent
or other sum herein stipulated shall be deemed to be other than
on account of the earliest stipulated rent or other sum then due
and payable, nor shall any endorsement or statement on any check
or any letter accompanying any check or payment as rent be
deemed an accord and satisfaction, and Landlord may accept such
check or payment without prejudice to Landlord's right to
recover the balance of such rent or pursue any other remedy
provided in this Lease, at law or in equity.
31. SURRENDER OF PREMISES. Upon the expiration of this
Lease with Tenant in default or earlier termination of this
Lease for any reason, all fixtures, equipment, improvements and
appurtenances attached to or built into the Premises in such a
manner as to become part of the freehold, whether or nott; by or
at the expense of Tenant, shall become and remain a part of and
be surrendered with the Premises, except that Landlord may elect
to require Tenant, at Tenant's expense, to remove any or all of
such fixtures, equipment, improvements and appurtenances, and
Tenant shall restore the Premises to as good condition as
existed on the Commencement Date. Provided, however, in the
event of expiration of the Lease with Tenant not then in
default, Tenant shall be permitted to remove its trade fixtures,
and equipment only from the Premises. Landlord, at Tenaint's
expense, shall restore the walls and floors from which said
items are removed to a condition, which in the sole opinion of
the Landlord, is as good a condition as existed on the
Commencement Date.
32. HOLDING OVER. If Tenant, with Landlord's consent
remains in possession of the Premises after expiration or
termination of the term, or after the date in any notice given
by Landlord to Tenant terminating this Lease, such possession by
Tenant shall be deemed to be a month-to-month tenancy terminable
on thirty (30) days' notice given at any time by either party.
All provisions of this Lease except those pertaining to 'term,
shall apply to the month..-to-month tenancy.
33. TIME IS OF THE ESSENCE. Time is of the essence of
each provision of this Lease.
34. GOVERNING LAW. The construction of this Lease and the
rights and remedies of the parties hereto, shall be governed by
the law of the Commonwealth of Pennsylvania.
35. AMENDMENTS, ADDITIONS AND CHANGES. No modification,
amendment, change or addition to this Lease shall be binding on
the parties unless reduced to writing and signed by their
authorized representatives.
36. ENTIRE AGREEMENT. This Lease contains the entire
understanding between the parties and supersedes any prior
written or oral agreements. There are no representations,
agreements, arrangements, or understandings oral or written,
between and among the parties hereto relating to the subject
matter of this Lease which are not fully expressed herein.
37. SEVERABILITY. If any term or provision or portion
thereof of this Lease, or application thereof to any person or
circumstance be held invalid, the remainder of said term or
provision and/or of this Lease shall not be affected thereby;
and, to this end, the parties hereto agree that the terms and
provisions of this Lease are severable.
38. CONSTRUCTION. Wherever the context so requires, the
feminine gender shall be substituted for the masculine, the
masculine for the feminine or the neuter for either; the,
singular shall be substituted for the plural and vice versa.
Paragraph headings are for convenience only and do not
constitute a part of this Lease. The terms "Landlord" and
"Tenant' shall mean and include where required by the context,
all agents, employees, contractors, successors and assigns of
Landlord and Tenant, except where expressly otherwise provided.
39. JOINT AND SEVERAL LIABILITY. The liability of Tenant
under this lease shall be joint and several.
40. LEGALLY BINDING. Except as herein otherwise
specified, this Lease shall legally benefit and bind the, parties
hereto and their respective successors and assigns.
41. COUNTERPARTS. This Lease may be executed in any
number of counterparts, each of which shall be deemed to be an
original, but all of which together shall constitute but one and
the same instrument.
IN WITNESS WHEREOF, the parties hereto with intent to be
legally bound hereby have hereunto set their hands and seals the
day and year first above written.
WITNESS: 7 / n
LANDLO
Donald Farinelli
WITNESS:
164-X-al, 4-0 gp?-?
TENANT:
Fromm
EXHIBIT "B"
JAMES SMITH DmTrmICK & CONNELLY LLP
April 25, 2012
Sent Certified Mail and First Class Mail P.O. BOX 650
HERSHEY, PA 17033
Address
Lynn Fromm 13434'SI L AVI AVE
1 SIPS NUE
Fisher Road, LLC HUMMELSTOWN. 1A 170"6
t/a L'Koste Villa Cafe TFI . ,i; 533.3260
2151 Fisher Road WWw..ISDC.cOM
Suite 101
Mechanicsburg, PA 17055
RE: NOTICE OF DEFAULT
Commercial Lease, dated May 9, 2008
Unit: Suite 101, 2151 Fisher Road
Landlord: Donald J. Farinelli
Dear Ms. Fromm: GARY L. JAMES
MAX J. SMITH, JR.
Our firm represents the Landlord regarding your above-referenced Lease. Please be JOHN J. CONNELLY, JR.
SCOTT A. DIETTERICK
advised that you are in default for failure to pay monthly rental payments when due. You JAMES F. SPADE
MATTHEW CHABAL, III
currently owe rent in the amount of $25,866.00, plus late charges of $10,528.60 for a
? NEIL
YARN
R
EDWA
RD P. SEEBER
total amount past due of $36
454.60 as of April 1
2012. RONALD T TOMASKO
,
, SUSAN M. KADEL
COURTNEY K. POWELL
Pursuant to Section 27 of the Leases you have five (5) days from the date of this letter to
Y KIMBERLY A. BONNER
KAREN N. CONNELLY
cure the default by paying the total amount past due. Should you fail to pay within said `.FI1"NINE T. BRAN"
time period, Landlord reserves his right to pursue any and all remedies available to him, JESSICA E. LOWE
GREGORY A. KOGUT, JR.
including, but not limited to termination of the Lease, confession of judgment for THOMAS J. CAR
RALPH M. SALVIA
possession of the remises and/or confession of 'ud ent for money equal to all amounts
p J TERESA M. REIFSNYDER
J
D
Y
AMES
.
OUNG
which he is entitled under the terms of the Lease.
OF COUNSEL:
GREGORY K. RICHARDS
Please do not ignore this Notice. I have copied your attorney, Michael L. Bangs, with BERNARD A. RYAN, JR.
this Notice. Should you have any questions, please direct them to Mr. Bangs and have
him contact me. Thank you.
Sincerel
JAMES, WITH, HIIETTERICK & CONNELLY LLP
Scott!
SAD:dlf
cc: Michael L. Bangs, Esquire
Donald J. Farinelli (via e-mail)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD J. FARINELLI, CIVIL DIVISION
Plaintiff, NO.:
vs.
LYNN FROMM and FISHER ROAD, LLC t/a
L'KOSTE VILLA CAFE,
Defendants.
VERIFICATION
I, Donald J. Farinelli, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904
relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading
are true and correct to the best of my information, knowledge and belief.
Date: tJ? I? i B
Y•
Donald J. Farinelli
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD J. FARINELLI,
Plaintiff,
VS.
LYNN FROMM and FISHER ROAD, LLC t/a
L'KOSTE VILLA CAFE,
Defendants.
CIVIL DIVISION
NO.: 1 3 1 C ^n -??/?
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
I, Scott A. Dietterick, Esquire and/or Kimberly A. Bonner, Esquire, attorneys for and
authorized representative of Plaintiff, Donald J. Farinelli, hereby certify, subject to the penalties
of 18 Pa.C.S.A. §4904, that the Defendants, are not in the military s ice f t United States of
America to the best of my knowledge, information and belief. &14hft-" "I
SWORN TO AND SUBSCRIBED BEFORE ME THIS
S I DAY OF JUNE, 2012.
C?A .S;h Ay- L S t C
Notary Public
My Commission Expires:
NOTARIAL SEAL
CHRISTINE L SPURLOCK
Notary Public
HUMMELSTOWN BORO, DAUPHIN COUNTY
My Commission Expires Jun 23, 2012
S6%WA. Dietterick, Esquire
Kimberly A. Bonner, Esquire
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD J. FARINELLI, CIVIL DIVISION
Plaintiff, NO.: 1 ' ?- l I
vs.
LYNN FROMM and FISHER ROAD, LLC t/a
L'KOSTE VILLA CAFE,
Defendants.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: ( ) Plaintiff
(X) Defendant - LYNN FROMM
( ) Additional Defendant(s)
You are hereby notified that an Order, Decree or Judgment was entered in the
above-captioned proceeding on JA*e_ ;G, 26 la
( ) A copy of the Order or Decree is as follows:
or
(X) The judgment is as follows: $ 89,874.60
Prothonotary
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD J. FARINELLI,
Plaintiff,
VS.
LYNN FROMM and FISHER ROAD, LLC t/a
L'KOSTE VILLA CAFE,
CIVIL DIVISION
?? I to CXV 1
NO.. a?
Defendants.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: ( ) Plaintiff
(X) Defendant - FISHER ROAD, LLC t/a L'KOSTE VILLA CAFE
( ) Additional Defendant(s)
You are hereby notified that an Order, Decree or Judgment was entered in the
above-captioned proceeding on '-)or-\-
A ) A copy of the Order or Decree is as follows:
or
(X) The judgment is as follows: $ 89,874.60
ab
Prothonotary
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD J. FARINELLI, CIVIL DIVISION
Plaintiff, NO.:
VS.
LYNN FROMM and FISHER ROAD, LLC t/a
L'KOSTE VILLA CAFE,
Defendants.
CERTIFICATION OF ADDRESS
I hereby certify that the address of the parties in the above action are as follows:
Address of Plaintiff-
3 Kacey Court, Suite 101
Mechanicsburg, PA 17055
Address of Defendants:
Lynn Fromm
307 Alpat Drive
Dillsburg, PA 17019
Fisher Road, LLC t/a L'Koste Villa Caf6
2151 Fisher Road, S 101
Mechanicsburg, PA 055,
JAMES, SMITH/DW1tR1U&,& CONNELLY LLP
BY:
Scott A.'7Eetterick, Esquire
PA I.D. # 55650
Kimberly A. Bonner, Esquire
PA I.D. #89705
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD J. FARINELLI, CIVIL DIVISION
a-'
Plaintiff, NO.:
VS.
LYNN FROMM and FISHER ROAD, LLC t/a f. e
L'KOSTE VILLA CAFE, "r Y ~'
r?.
Defendants. r- sv
NOTICE UNDER RULE 2958.1 C
- C7
OF JUDGMENT AND EXECUTION THEREON :y
Notice of Defendant's Rights
To: Lynn Fromm
307 Alpat Drive
Dillsburg, PA 17019
A judgment in the amount of $89,874.60 has been entered against you and in favor of the
plaintiff without any prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The sheriff may take your money or
other property to pay the judgment at any time after thirty (30) days after the date on which this
notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
Respectfully
JAMES, S1#I7
By:
& CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Attorney I.D. #55650
Kimberly A. Bonner, Esquire
Attorney I.D. #89705
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD J. FARINELLI, CIVIL DIVISION
Plaintiff, NO.:
VS.
LYNN FROMM and FISHER ROAD, LLC t/a
L'KOSTE VILLA CAFE,
Defendants.
NOTICE UNDER RULE 2958.1<
c,1 -rte c:? `-:
OF JUDGMENT AND EXECUTION THEREON
2c7 _i
Notice of Defendant's Rights "-7
C;,
To: Fisher Road, LLC t/a L'Koste Villa Cafe
2151 Fisher Road, Suite 101
Mechanicsburg, PA 17055
A judgment in the amount of $89,874.60 has been entered against you and in favor of the
plaintiff without any prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The sheriff may take your money or
other property to pay the judgment at any time after thirty (30) days after the date on which this
notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
Respectfully X.rT&K JAMES, SMIT & CONNELLY LLP
By:
ScottVA. D1'etterick, Esquire
Attorney I.D. #55650
Kimberly A. Bonner, Esquire
Attorney I.D. #89705
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD J. FARINELLI, CIVIL DIVISION
Plaintiff, NO.: 12-3916 Civil
vs.
LYNN FROMM and FISHER ROAD, LLC t/a c ? = t
L'KOSTE VILLA CAFE,
Defendants.
ACCEPTANCE OF SERVICE 4c-
rZQ C:)f 7
I, Michael Bangs, Esquire, accept service of the Civil Action - Complaint in< co
Confession of Judgment and 2958.1 Notice, on behalf of the Defendants, Lynn Fromm
and Fisher Road, LLC t/a L'Koste Villa Cafe.
Date: a0 l
By: W-1ali '
Michael Bangs, Esquire
429 S. 18th Street
Camp Hill, PA 17011
ff%r rif r,
ti z;; ,
PH 1: 2
ERLAND CCUly Y
Scott A.Dietterick,Esquire P'NNS YLVAN j
Supreme Court I.D.55650
James,Smith,Dietterick&Connelly,LLP
PO Box 650
Hershey,PA 17033
(717)533-3280
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD J. FARINELLI, CIVIL DIVISION
Plaintiff, NO.12-3916-CIVIL
VS.
LYNN FROMM and FISHER ROAD,LLC
t/b LWOSTE VILLA CAFE,
Defendants
PRAECIPE TO SATSIFY
TO THE PROTHONOTARY:
KINDLY mark the above-captioned judgment as Satisfied and Paid in Full.
JAMES, SMI , D K
& CONNEL L
BY:
SC A4. Dietterick, Esquire
DATE: January 27, 2014
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD J. FARINELLI, CIVIL DIVISION
Plaintiff, NO.12-3916-CIVIL
VS.
LYNN FROMM and FISHER ROAD, LLC
t/b L'KOSTE VILLA CAFk,
Defendants
CERTICATE OF SERVICE
I, Scott A. Dietterick, Esquire, of James, Smith,Dietterick&Connelly, LLP attorney for the
above-named Plaintiff,hereby certify that I have served a copy of the foregoing Praecipe to Satisfy
on the following,by first class mail:
Michael Bangs, Esquire
429 S. 18th Street
Camp Hill, PA 17011
JAMES, S ,DI TERICK
& CONNE LL
BY:
Sco A. Dietterick, squire
DATE: January 27, 2014