HomeMy WebLinkAbout12-5364 Johnson, Duffle, Stewart & Weidner
Ulysses S. Wilson
I.D. No. 312598 F Attorneys for Plaintiff
301 Market Street _ } •~.~~°U~°~
P O. Box 109 ~ t pr'~,fl d ~f~~~J „{r r
Lemoyne, Pennsylvania 17043-~AU6 28
(717) 761-4540 P~ 2': D,p,
P~ ~ 'Yl:V~,t~tA ~
LEMOYNE PARTNERS, LLC, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. ' ~ _ `J3~D ~ v l
v.
CIVIL ACTION -LAW
RANDALL R. ROBERTSON and
MOLLY LANDON ROBERTSON,
Defendants
CONFESSION OF JUDGMENT FOR MONEY DAMAGES
AND FOR POSSESSION OF REAL PROPERTY
Pursuant to the authority contained in paragraph 17(B) and 17(C) of the written lease
agreement, a true and correct copy of which is attached as Exhibit B to the Complaint filed in
this action, the undersigned appears for the Defendants and confesses judgment in favor of the
Plaintiff and against the Defendants, jointly and severally, as follows:
Unpaid rent from February 2012 -August 2012 $ 12,500.00
Late fees 2,300.00
15 % attorney fees 2,220.00
TOTAL $ 17,020.00
And for possession of the real property described as follows:
300-302 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043
JOHNSON, DUFFIE, STEWART & WEIDNER
Ulysses S. Wilson
I.D. No. 312598
301 Market Street
Lemoyne, PA 17043-0109
Attorneys for Plaintiff
Judgment entered as above, , 2012.
Prothono
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Johnson, Duffie, Stewart & Weidner:`; ]~}~f~
By: Ulysses S. Wilson, Esquire ~~~~'rt';
I.D. No. 312598 2~~aUG 28 Attorneys for Plaintiff
301 Market Street PM Q,~
P. O. Box 109 i?Q~~ i ~E,
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
usw@jdsw.com
LEMOYNE PARTNERS, LLC, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVl4NIA
Plaintiff
. NO d
RANDALL R. ROBERTSON and,
MOLLY LANDON ROBERTSON,
CIVIL ACTION -LAW
Defendants
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in tthe
following pages, you must take action within twenty (20) days after this complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with tfne
court your defenses or objections to the claims set forth against you. You are warned that if yDu
fail to do so the case may proceed without you and a judgment may be entered against you Iby
the Court without further notice for any money claimed in the complaint or for any other claim br
relief requested by the plaintiff. You may lose money or property or other rights important to ydu.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NCbT
HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THMS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YCIU
CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YC1U
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES ~'O
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166 or (800) 990-9108
Le hen demandado en la Corte. Si usted quiere defenderse de estas demands
expuestas en las paginas siguientes, usted tiene viente (10) dies de plazo alparticr de la feclha
de la demanda y la notificacion. Hace falta asentar una comparecia escrita o en persona o cbn
un abogado y entregar a la Corte en forma escrita sus defensus o sus objeciones a 18s
demandas en contra de su persona. Sea avisado que si usted no se defiende, in Corte tomalra
medidas y puede continues la demanda en contra suya sin previo aviso o notificacion. Adem~s,
fa Corte puede decidir a favor del demandante y requiere que listed cumpla con Codas Ids
provisiones de esta demanda. Usted puede perer dinero 0 sus propiedades u otros derechbs
imporantes pare usted. ~ c~,~a S~ ~ t~
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LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
LISTED NO TIENE ABOGADO. VAYA EN PERSONA 0 LLAME POR TELEFONO LA OFICINA
NOMBRADA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA
LEGAL. ESTA OFICINA PUEDE PROPORCIONARLE LA INFORMACION SOBRE
CONTRATAR A UN ABOGADO.
SI LISTED NO TIENE DINERO SUFICIENTE PARA PAGAR A UN ABOGADO, ESI~A
OFICINA PUEDE PROPORCIONARLE INFORMACION SOBRE AGENCIAS QUE OFREC~N
SERVICIOS LEGALES A PERSONAS QUE CUMPLEN LOS REQUISITOS PARR UN
HONORARIO REDUCIDO O NINGUN HONORARIO,
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166 or (800) 990-9108
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Johnson, Duffle, Stewart 8~ Weidner
_,t
Ulysses S. Wilson w
xy
I.D. No. 312598 Attorneys for Plaintiff
301 Market Street N
P. O. Box 109 '
Lemoyne, Pennsylvania 17043-0109 ~
(717) 761-4540
LEMOYNE PARTNERS, LLC, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIlA
Plaintiff
v.
CIVIL ~4CTION -LAW
RANDALL R. ROBERTSON and
MOLLY LANDON ROBERTSON,
Defendants
COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY DAMAGES
AND FOR POSSESION OF REAL PROPERTY
In accordance with Rule 2950, et. seq., and Rule 2970, et seq., of the Pennsylvania
Rules of Civil Procedure, the Plaintiff, Lemoyne Partners, LLC, through its attorneys Johnson,
Duffle, Stewart, and Weidner, confesses judgment against Defendants, Randall R. Robertsan
and Molly Landon Robertson, jointly and severally, for money damages and for possession of'a
portion of the real property, 300-302 Market Street, Lemoyne, Cumberland County,
Pennsylvania, 17043. pursuant to a Lease between the parties dated September 1, 2011, ~s
follows:
1. Plaintiff, Lemoyne Partners, LLC, is a limited liability company located at 301
Market Street, Lemoyne, Pennsylvania 17043.
2. Defendants, Randall R. Robertson and Molly Landon Robertson, are adult
individuals residing at 2101 Mayfred Lane, Camp Hill, Pennsylvania 17011. A certification of
residence is attached hereto as Exhibit A.
3. Plaintiff leased a portion of the property, 300-302 Market Street, Lemoyne,
Cumberland County, Pennsylvania ("Leased Premises") to the Defendants, Randall R.
Robertson and Molly Landon Robertson, under a Commercial Lease ("Lease") dated September
1, 2011. The term of the Lease is two (2) years, commencing on September 1, 2011 and
ending on August 31, 2013. A true and correct copy is attached as Exhibit B.
4. Plaintiff has fully performed its obligations under the Lease.
5. The Lease has not been assigned by the Plaintiff.
6. No judgment on the Lease has been entered in any jurisdiction.
7. The Lease requires, inter alia, Defendants to pay an annual base rent to the
Plaintiff in the amount of Twenty-four Thousand ($24,000.00) Dollars, payable in equal
consecutive monthly installments of Two Thousand ($2,000.00) Dollars.
8. Defendants defaulted by failing to pay the monthly rental installments a7f
$2,000.00 for March 2012, April 2012, May 2012, June 2012, July 2012, August 2012, and only
paid One-thousand Five Hundred Dollars ($1,500.00) towards February 2012 rent. Amou~ht
owed for rent is as follows:
August 2012 $2,000
July 2012 $2,000
June 2012 $2,000
May 2012 $2,000
April 2012 $2,000
March 2012 $2,000
February 2012 500
TOTAL $12, 500
9. Pursuant to paragraph 5(E) of the Lease, failure to pay the monthly rent installme~ht
by the tenth (10'h) calendar day of the month for which it is due generates a late charge equal do
five (5%) percent of the monthly rental installment. The late charge is payable for each monllh
thereafter until the delinquent monthly rent is paid. Late charges have accrued as follows:
August 2012 $100
July 2012 $200
June 2012 $300
May 2012 $400
April 2012 $500
March 2012 $600
- _ ~ _ _
February 2012 700
TOTAL $2800
10. On or around August 26, 2012, Defendants delivered a check to Plaintiff for Fiv~-
Hundred Dollars ($500.00). Said amount was applied towards the outstanding late feei;,
bringing the amount of late fees owed by Defendants to Two-Thousand Three Hundred Dollars
($2, 300.00).
COUNT I -CONFESSION OF JUDGMENT FOR MONEY DAMAGES
PURSUANT TO Pa. R.C.P. 2950
11. Paragraphs 1 - 10 are incorporated herein as if fully set forth.
12. Pursuant to paragraph 17(B) of the Lease, Plaintiff is authorized to confess
judgment for money against Defendants upon default.
13. Pursuant to paragraph 17(B) of the Lease, Defendants are required to reimburse
Plaintiff for Plaintiff's attorney fees in the amount of 15% of any and all amounts due under the
lease.
14. There is justly due and owing to the Plaintiff from the Defendants on account df
the aforesaid default the sum of $17,020.00 calculated as follows:
Unpaid rent from February 2012 through August 2012 $ 12,500.00
Late fees 2,300.00
15 % attorney fees 2,220.00
TOTAL $ 17.020.00
15. Notice of default was given to Defendants by letter dated August 2, 2012, a copy
of which is attached as Exhibit C.
16. Defendants have failed to cure their default.
17. Plaintiff is entitled to judgment against the Defendants, jointly and severally, inn
the amount of $17,020.00.
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18. This judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally,
for money damages in the amount of $17,020.00 plus costs.
COUNT II -CONFESSION OF JUDGMENT FOR POSSESION OF REAL PROPERTY
PURSUANT TO Pa.R.C.P. 2970
19. Paragraphs 1 - 18 are incorporated herein as if fully set forth.
20. Pursuant to paragraph 17(C) of the Lease. Plaintiff is authorized to confess
judgment in ejectment against Defendants for possession of the Leased Premises.
21. The Lease upon which judgment is being confessed, is for commercial, and ndt
residential purposes, and was freely negotiated by the parties thereto.
22. This judgment is not being entered against a natural person in connection with a
residential lease.
23. Plaintiff is entitled to immediate possession of the Leased Premises.
WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally,
for possession of the Leased Premises, 300-302 Market Street, Lemoyne, Cumberland County,
Pennsylvania.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
Date: cal"~~ 1 Z gy: c ~ f , ~~,!~/~~,y~,.
Ulysses S. Wilson
I.D. No. 312598
.512402
VERIFICATION
I, Edmund G. Myers, Managing Member of Lemoyne Partners, LLC, verify that the
statements made in the foregoing Complaint are true and correct to the best of my knowledgte,
information and belief. I understand that false statements made herein are subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
LEMOYNE PARTNERS, LLC
Edmund G. Myers, Manager
Dated; ~ Z~( Zoly
LEMOYNE PARTNERS, LLC, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.
v.
CIVIL ACTION -LAW
RANDALL R. ROBERTSON AND
MOLLY LANDON ROBERTSON, IN ASSUMPSIT
IN EJECTMENT
Defendants
CERTIFICATE OF RESIDENCE
I hereby certify that the following is the address of the Defendants:
Randall R. Robertson and Molly Landon Robertson
2101 Mayfred Lane
Camp Hill, PA 17011
JOHNSON, DUFFIE, STEWART & WEIDNER
r
Ulysses S. Wilson
Attorneys for Plaintiff
i
I~
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COMMERCIAL LEASE
(300-302 Market Street, Borough of Lemoyne)
THIS COMMERCIAL LEASE ("Lease"), made this ~ day of w ~~~-~-~---;-'2011, effective
September 1, 2011, by and among LEMOYNE PARTNERS, LLC, with its principal place of business located
at 301 Market Street, Lemoyne, Pennsylvania, hereinafter called "Landlord" and RANDALN_ RAY
ROBERTSON and MOLLY L. LANDON ROBERTSON, adult individuals, of 2101 Mayfred Lane, Comp Hill,
Pennsylvania, hereinafter individually and collectively called "Tenant,"
BACKGROUND
A. Landlord is the owner of an improved parcel of real estate situate in the Borough of Lemoyne,
Cumberland County, Pennsylvania, having erected thereon a two (2) story commercial building containing
approximately 3,688 square feet, municipally known as 300-302 Market Street, Lemoyne, Pennsylvania.
B. Tenant is in possession of part of said premises pursuant to existing Leases, dated September
28, 2005 and October 29, 2010, the term of which said Leases expires on August 31, 2011.
C, Tenant desires to extend Tenant's use and occupancy of the above-described reel estate,
together with the improvements erected thereon, under and subject to the terms and conditions set forth in this
Lease.
D. Landlord and Tenant desire to confirm their understanding in writing.
NOW, THEREFORE, the parties hereto, each intending to be legally bound, agree as follows:
1. Background. The Background set forth above is incorporated herein.
2. Existing Lease. The existing Lease, dated October 29, 2010, among Lemoyne Parthers, LLC
and Randall Ray Robertson and Molly L. Landon, is incorporated herein by reference (hereinafter "Existing
Lease."}
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3. Leased Premises. The premises to be demised ("Leased Premises"} pursuant to the terms
and conditions of this Lease, shall be part of the existing two (2) story commercial building containing
approximately 3,688 square feet ("Building") and the parking area adjacent thereto, subject to the rights of
Landlord, set forth in Paragraph 8 and any other Tenants and its guests, Landlord leases to Tenant a'portion
of the Building, together with the right in common with other Tenants, Landlord and Landlord's employees, to
the uninterrupted access to and from the parking area of the Leased Premises to Market Street through the
existing parking area and access drive located east and south of the Building. The portion to be leased to
Tenant is the first floor front (approximately 1.,384 square feet) and the second floor (appro~kimately
1,384 square feet). Tenant will remove any of Tenant's items in the rear of the first floor no later than Dctober
1, 2011.
4. Term. The term of this Lease ("Term") shall commence on September 1, 2011 ("Term
Commencement Date") and shall expire on August 31, 2013.
5. Annual Rent; Effective Date; Additional Rent; Late Charge.
A. Effective Date. Rent for the Leased Premises shall commence on the Term
Commencement Date.
B. Rent. The annual rent ("Annual Rent"') payable for the Leased Premises for tlhe Lease
Year shall be as set forth in the schedule set forth below:
Lease Year Annual Rent Monthly Installment
i
9/1111- 8/31/11 $24,000.00 $ 2,000.00
9!1/12- 8/31/13 $24,000.00 $ 2,000.00
Each monthly installment of Annual Rent, as set forth above, shall be paid, in advance, on or
before the first day of each month during the Term to Landlord or Landlord's duly authorizedi agent or
representative at 301 Market Street, Lemoyne, Pennsylvania 17043, or at such other address as
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Landlord designates. Tenant shall pay the monthly installment of Rent without demand or without
abatement, deduction or setoff, except as otherwise provided in this Lease.
C. Additional Rent. Tenant shall pay for the water, gas, electric and trash with respect to
the Leased Premises as additional rent ("Additional Rent"). Tenant's obligation to pay water, gas,
electric and trash shall be effective as of the Term Commencement Date and shall continue until the
expiration or termination of the Term. Tenant shall, on or before the Term Commencement Date,
September 1, 2011, cause the water, gas, electric and trash bills to be placed in Tenant's name and
shall be responsible to timely pay the periodic statements provided by the suppliers of such sr;rvices,
and such periodic statements shall be paid by Tenant prior to the due date of such statement.
D. Lease Year. The term "Lease Year" shall mean twelve (12) consecutive months,
commencing on September 1gt of each calendar year and continuing for twelve (12) months andl ending
on the last calendar day of the twelfth (12~') month (August} of the next calendar year.
E. Late Charge. If Tenant shall fail to pay any monthly installment of Annual Remt by the
tenth (10th) calendar day of the month, then Tenant shall pay a late charge equal to five (5%X percent
of the unpaid portion of such monthly installment. Said late charge shall be paid each month, until the
monthly installment is paid, in full, for the month in which the late charge was initially assessed.;
6. Leasehold Improvements/Leased Premises. Tenant shall, subject to the provisions of
Paragraph 12, make whatever leasehold improvements Tenant desires with respect to the first floor front and
second floor of the Building including, but not limited to, partitioning, carpeting and painting ("L~asehold
Improvements").
7. "As Is" Condition. Tenant accepts the Leased Premises in an "as is" condition, and (there are
no warranties or representations made by Landlord, either expressed or implied, with respect to thecondition
of the Leased Premises.
8. Reserved Parking Spaces. Landlord reserves the right during the Term to use and gccupy six
(6) parking spaces located upon the Leased Premises. Specifically, Landlord reserves the right to fuse three
(3} parking spaces which abut the south end of the Building and three (3) parking spaces located irrimediately
behind the three (3) parking spaces abutting the south end of the Building. In addition, any other Terhant in the
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Building, the Landlord and Landlord's employees shall have the right of uninterrupted access to and from the
parking spaces at all times. After 6:00 p.m. each business day, Tenant shall have the right to use the six (6)
reserved parking spaces. In addition, Tenant shall have the right during weekends and holidays to utilize the
six (6) reserved parking spaces.
9. Subordination. This Lease shall be subject and subordinate at all times to the lien of the
existing mortgage between Landlord (mortgagor) and Integrity Bank (mortgagee), dated May 16,' 2005,
recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Boolk 1907,
Page 2328, Further, this Lease shall be subject and subordinated at all times to the lien of any future
mortgage pertaining to the Leased Premises and no instrument or act on the part of Tenant shall be necessary
to affect such subordination, provided, however, Tenant shall, nevertheless, execute and deliver such) further
instrument required to evidence the subordination of this Lease to the lien of any existing or future mortgage as
may be reasonably requested by Landlord or mortgagee. Further, with respect to any future mortgage,'Tenant
agrees to subordinate this Lease to the lien of any such future mortgage provided, however, tJhat the
mortgagee shall agree, in writing, in form and substance acceptable to Tenant, that the mortgagee shall not,
during the Term interfere with Tenant's possession of the Leased Premises and Tenant's rights and privileges
under this Lease, or disturb Tenant's occupancy of the Leased Premises. Mortgagee shall not join Tenant as
a party defendant in any action or proceeding for the purpose of terminating Tenant's interest under thVs Lease
because of any default under that Mortgage, provided that Tenant shat) join in the execution and dslivery of
such agreement and shall agree to the effect that if the mortgagee shall succeed to the interest of l~and(ord
under this Lease (whether as a consequence of a foreclosure or any other circumstance), Tenant !shall be
bound to the mortgagee (as landlord) under all of the terms and conditions of this Lease for the balance of
the Term remaining after that succession and Tenant will attorn to that mortgagee as its landlord ulpon that
succession.
10. Snow Removal. During the Term Landlord shall, at Landlord's sole cost and expense, timely
remove or cause to be removed the snow from the parking area of the Leased Premises. Tenant. shall, at
Tenant's sole cost and expense, timely remove the snow from the sidewalks abutting the Building end snow
from sidewalks abutting the access drive.
11. Landlord's Responsibilities. Landlord shall be responsible for the maintenance and repair of
the roof and structural components of the Building, parking areas and access drive. Landlord shall also be
responsible for the repair and replacement of the furnace and electrical and plumbing systems. Tenant shall,
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at Tenant's sole cost and expense, be responsible for all other maintenance including plate glass with respect
to the Leased Premises.
12. Alterations. Tenant may make alterations ("Alterations") to the Leased Premises provided that
Tenant shall first submit to Landlord a statement or plans pertaining to any proposed Alterations for Lanldlord's
approval, which said approval shall 'not be unreasonably withheld or delayed. All Alterations of the li.eased
Premises shall be at Tenant's sole cost and expense and shall remain upon the expiration or termination of
this Lease.
13, Janitorial Services. Tenant shall, at Tenant's sole cost and expense, provide janitorial
services with respect to the Building, and remove loose trash, waste and other debris from the parking areas
and access drive, Tenant shall be responsible to remove ail trash, waste and other debris from the Leased
Premises.
14. Tenant's Right to Assign and Sublet. Tenant shall have the right, at Tenant's option, to
assign or sublet the Leased Premises, or any part thereof, to others. If Tenant desires to assign or sublet all or
a portion of the Leased Premises, Tenant shall provide written notice to Landlord providing the rhame of
assignee or subtenant and the proposed use which shall be subject to the approval of the Landlordl. If this
Lease is assigned, or the Leased Premises or any part thereof is occupied by anyone other than ,Tenant,
Landlord may, in the event of Tenant's default, collect rent from the assignee, subtenant or occupant ahd apply
the net amount collected to the Rent herein reserved. Any assignment, subletting, occupancy of all or a
portion of the Leased Premises by a third party shall not release Tenant from performance by Tenaht of the
covenants of this Lease including, but not limited, to, Tenant's financial obligation to pay Rent, including the
late charges, and the Additional Rent. Any subletting shall be subject to all terms and conditions of this Lease.
15. Use of Leased Premises. Tenant shall use the Leased Premises for the purpose ofl the sale
and servicing of musical instruments, providing lessons and any other use directly or indirectly related thereto.
Further, if Tenant elects to assign this Lease or to sublet or permit the Leased Premises, or any part thereof,
to be used by others then upon written request of Tenant, Landlord shall within fifteen (15) days re>?iew and
respond to the request of Tenant to approve the proposed use by such third party.
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16. Tenant's Default. The following shall constitute an event of default ("Event of Default"}
pursuant to this Lease.
A. Payment of Rent. Tenant's failure to pay any monthly installment of Annual Rent by
the tenth (10th) business day of any calendar month and such default is not cured within tin (10)
calendar days after written notice to Tenant by Landlord,
B. Non-Compliance. Tenant fails to comply with any material term, covenant or prlovision
of this Lease other than the payment of monthly installment of Annual Rent, and if Tenant shall fail to
take reasonable measures to cure such non-compliance within thirty (30) calendar days after written
notice thereof from Landlord.
C. Bankruptcy. Tenant shall file a petition of bankruptcy or receivership or ifsuch a
petition is filed against Tenant and reasonable measures are not taken by Tenant to dischargje same
within thirty {30} calendar days of either Tenant's filing or Tenant's receipt of such petition.
D. Assignment. Tenant shall make an assignment for the benefit of creditors or become
insolvent.
17. Landlord's Remedies. fn the Event of Default, as described in Paragraph 16, Landlord may
enter the Leased Premises as agent of Tenant without being liable for any prosecution therefor and ~relet the
Leased Premises as the agent of Tenant and receive reasonable rent therefor without liability to', Tenant,
except as hereinafter provided.
A. Further, the Annua! Rent and Additional Rent reserved under this Lease shall continue to be
due and payable under the terms of this Lease in the Event of Default; and any and all costs associated with
the recovery of the Rent reserved hereunder shall be deemed Rent hereunder and shall become imrhediately
due and payable. This shall include Court costs and all attorneys' fees. Landlord shall use reasonable.iefforts to
relet all or a portion of the Leased Premises and to mitigate damages. All rights of Tenant to possess the
Leased Premises under this Lease shall be forfeited. Such entry by Landlord shall not operate tb release
Tenant from any obligations or covenants to be performed under this Lease to include, but not limited to,
payment of Annual Rent and Additional Rent for the Term. Landlord shall be authorized to make reasonable
repairs in or to the Leased Premises as deemed necessary to place the Leased Premises in good order and
condition for purposes of reletting. Tenant shall be liable to Landlord for the reasonable cost of repairs to the
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Leased Premises and for all reasonable expenses for reletting, including any real estate broker's commission.
If the amount of rent received by Landlord from any reletting is insufficient to satisfy the monthly installment of
Annual Rent provided in Paragraph 5-B for the balance of the Term, Tenant shall be required to day to
Landiard any deficiency monthly.
B. CONFESSION OF JUDGMENT FOR MONEY. UPON THE OCCURRENCE C?F AN
EVENT OF DEFAULT DESCRIBED IN SECTION 16, THE TENANT HEREBY IRREVO ABLY
AUTHORIZES THE PROTHONOTARY OR ANY ATTORNEY OF ANY COURT OF RECD D IN
PENNSYLVANIA OR ELSEWHERE, TO APPEAR FOR AND CONFESS JUDGMENT AGAINS THE
TENANT FOR ANY AND ALL AMOUNTS DUE HEREUNDER, TOGETHER WITH ANY THER
CHARGES, COSTS AND EXPENSES FOR WHICH TENANT IS LIABLE UNDER THIS LEASE` AND
TOGETHER WITH ATTORNEYS' FEES IN THE AMOUNT OF FIFTEEN PERCENT (15%) OF ANlY OR
ALL OF THE FOREGOING (BUT IN NO EVENT LESS THAN ONE THOUSAND AND 001100 DO LARS
($1,000.00)) AND COSTS OF SUIT. IF A COPY OF THIS LEASE, VERIFIED BY AFFIDAVIT, HALL
HAVE BEEN FILED IN SUCH PROCEEDING, IT SHALL NOT BE NECESSARY TO FILE THE ORt INAL
AS A WARRANT OF ATTORNEY. THE TENANT HEREBY WAIVES THE RIGHT TO ANY ST Y OF
EXECUTION AND THE BENEFIT OF ALL EXEMPTION LAWS NOW OR HEREAFTER IN EFFEC NO
SINGLE EXERCISE OF THIS WARRANT AND POWER TO CONFESS JUDGMENT SHALL BED EMED
TO EXHAUST THIS POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD B ANY
COURT TO BE INVALID, VOIDABLE, OR VOID, BUT THIS POWER SHALL CONTINUE UNDIMI (SHED
AND MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE LANDLORD SHALL LECT
UNTIL ALL SUMS DUE HEREUNDER SHALL BE PAID IN FULL. INTEREST SHALL CONTINUE TO
ACCRUE AFTER ENTRY OF JUDGMENT HEREUNDER, Y CONFESSION, DEFAULT , OR
OTHERWISE, AT THE JUDGMENT RATE OF INTEREST U D P ABLE LAW.
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L on Roe ,
C. CONFESSION OF JUDGMENT IN EJECTMENT. IN ADDITION TO ALL 'OTHER
RIGHTS AND REMEDIES WHICH THE LANDLORD MAY HAVE, TENANT AGREES THAT LA DLORD
MAY, UPON THE OCCURRENCE OF AN EVENT OF DEFAULT, CAUSE A JUDGMENT IN EJE TMENT
(WITHOUT ANY STAY OF EXECUTION OF APPEAL) TO BE ENTERED AGAINST THE TENA T FOR
POSSESSION OF ANY PORTION OF THE LEASED PREMISES WHICH MAY BE OCCUPIED B THEM.
AT SUCH TIME AND FOR THAT PURPOSE, THE TENANT AUTHORIZES AND EMPOWE~tS ANY
PROTHONOTARY OR ATTORNEY OF ANY COURT OF RECORD, WITHOUT ANY LIABILITY bN THE
PART OF SAID ATTORNEY, TO APPEAR FOR THE TENANT AND TO CONFESS JU GMENT
AGAINST THE TENANT IN EJECTMENT (WITHOUT ANY STAY OF EXECUTION OF APPE L) FOR
POSSESSION OF THE LEASED PREMISES AND AGREES THAT THE LANDLORD MAY CO MENCE
AN ACTION PURSUANT TO THE PENNSYLVANIA RULES OF CIVIL PROCEDURE FOR THE ENTRY
OF AN ORDER FOR POSSESSION OF THE LEASED PREMISES, AND THE TENANT F~JRTHER
AGREES THAT A WRIT OF POSSESSION PURSUANT THERETO MAY BE ENTERED FORtHWITH,
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FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT, A COPY OF THIS LEASE, SHALL BE
SUFFICIENT WARRANT. IF, FOR ANY REASON, AFTER SAID ACTION SHALL HAVE BEEN
COMMENCED, THE ACTION SHALL BE TERMINATED AND POSSESSION OF ANY PORTION O THE
LEASED PREMISES SHALL REMAIN IN, OR BE RESTORED TO, THE TENANT, THE LAND ORD
SHALL HAVE THE RIGHT TO COMMENCE SUCCESSIVE ACTIONS FOR POSSESSION A D TO
CAUSE THE ENTRY OF SUCCESSIVE JUDGMENTS FOR POSSESSION. NO SINGLE EXERCI E OF
THE FOREGOING WARRANT SHALL BE DEEMED TO EXHAUST THE POWER TO COf~FESS
JUDGMENT GRANTED HEREUNDER, WHETHER OR NOT ANY SUCH ACTION BE HELD B ANY
COURT TO BE VOID, INVALID OR VOIDABLE, BUT THE POWER SHALL CONTINUE UNDIMIN SHED
AND MAY BE EXERCISED FROM TIME TO TIME AS THE LANDLORD SHALL DEEM NECES ARY.
THE TENANT HEREBY WAIVES AND RELEASES ANY ERRORS AND DEFECTS WHATSOE ER IN
THE ENTERING OF SUCH ACTION OR JUDGMENT, OR CAUSING SUCH WRIT OF POSSESSI NOR
OTHER PROCESS TO BE ISSUED, OR IN ANY PROCEEDING THEREON, OR CONCERNIN THE
SAME, AND HEREBY AGREES THAT NO WRIT OF ERROR OR OBJECTION OR EXCEPTION SHALL
BE MADE OR TAKEN THERETO.
a all ~~s~on
oily ndo ob son
18. Cumulative Remedies. The specified remedies tv which Landlord may resort unifier this
Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which
Landlord may be lawfully entitled in case of any breach or threatened breach by Tenant of any proWision or
provisions of this Lease. Nothing set forth in the Lease or otherwise shall be construed as a v~aiver of
remedies by the Landlord.
19. Certificates. Tenant shall, without charge, at the request of Landlord, from time l to time,
execute certificates to any mortgagee, assignee or purchaser of Landlord; (a) that this Lease is unmodified and
in full force and effect or, if there have been modifications, that the Lease is in full force and effect as'modified
and stating the modification ar modifications; (b) the dates, if any, to which Annual Rent hereunder I~as been
paid in advance; (c) whether Landlord is or is not, as the case may be, in default of the performance of any of
the covenants or conditions on Landlord's part to be pertormed; (d) such other information with respect to this
Lease as Landlord may reasonably request.
..g_
~ - -
2Q. Tenant's Insurance.
A. Insurance Coverages. Tenant shall, at Tenant's sole expense, maintain in effedt at all
times during the Term insurance coverages with limits of not less then those set forth below with
insurers licensed to do business in the Commonwealth of Pennsylvania and reasonably acceptable to
Landlord and under standard forms of policy for such coverages. None of the requirements cothtained
herein as to types, limits or Landlord's approval of insurance coverage to be maintained by Telnant is
intended to or shall in any manner limit, qualify or quantify the liabilities and obligations o{ either
Landlord or Tenant under this Lease or otherwise provided by law.
(1j Workers' Compensation.
Workers' Compensation Statutory Limits
Employer's Liability $100,000 per accident, $100,000 fdr
disease per employee to a maxim+Um limit
of $500,000
{2) Commercial General Liability.
Bodily Injury/Property Damage
(occurrence basis) $1,000,000 each occurrence; subject
to a $1,000,000 aggregate
This policy shall be in a form acceptable to Landlord, endorsed to include the landlord
as an additional insured, contain cross-liability and severability of interest endorsement,
state that this insurance is primary insurance as regards any other insurance curried by
Landlord, and shall include the following coverages: (i) premises/operatipns, (ii)
independent contractors, (iii) broad form contractual liability consistent ~uvith the
provisions of this Lease, (iv) broad form property damage, and (v) personal injury
liability with employees and contractual exclusions removed.
B. Evidence of Insurance. Evidence of insurance coverage required to be mainiiained by
Tenant under this Paragraph 20, represented by Certifrcates of Insurance issued by the i~hsurance
carrier or carriers, shall be furnished to Landlord prior to the Term Commencement Date. Certificates
of Insurance shall specify the additional insured status mentioned above as well as the uvaiver of
subrogation, Such certificates of insurance shall state that Landlord shall be notified in writing thirty
(30) days prior to cancellation, material change or non-renewal of insurance. Timely renewal
certificates will be provided to Landlord as coverage renews.
_g_
_ - ~ _
21. Subrogation. The Landlord and Tenant hereby waive any right of subrogation.
22. Destruction of Leased Premises -Partial. If the Leased Premises shall be partially dat~aged
by fire or other cause and Tenant can reasonably carry on its business in substantially the same mar7ner in
which it had theretofore been ordinarily conducted, the damage thereto shall be repaired or restored prd~mptly
by Landlord, at no expense to Tenant and without reduction in Rent. In the event the Leased Premised shall
be partially damaged by fire or other cause so that Tenant cannot carry on its business in substantially the
same manner in which it had theretofore been ordinarily conducted, but the damage is not sufficient sb as to
cause Tenant to cease operation, the damage thereto shall be repaired or restored by Landlord within ninety
(90) calendar days at no expense to Tenant. Unti! the Leased Premises are satisfactorily repaired or restored,
and Tenant has been restored the full possession thereof, Tenant's obligation to pay Rent for such period of
non-use shall be abated pro Canto to the same extent of Tenant's deprivation of its full use of the leased
Premises.
23. Destruction of Leased Premises -Total. !n the event of the total destruction of the LLeased
Premises, Landlord shall have the option to rebuild and Rent shall abate until such time as the Leased
Premises are available to Tenant in substantially the same condition before destruction as evidenced by notice
thereof from Landlord to Tenant, at which time Rent shall again commence and the Term of this Lease shat! be
deemed tolled for such rebuilding. Iri the event Landlord does not within sixty (60) calendar days after the
destruction commence to rebuild or repair, or does not within one hundred twenty {120) calendar days make
available to Tenant the Leased Premises, this Lease shall, at the option of Tenant, terminate and Tenant shall
be released from any further obligations under this Lease. Notwithstanding the foregoing, if total destruction of
the Leased Premises shall occur within six (6) months prior to the expiration of the Term, Landlord shill not be
required to rebuild or repair the Leased Premises, unless Landlord shall, in Landlord's sole and exclusive
option, elect to do so. If Landlord shall elect not to rebuild or repair the Leased Premises, Landlord sNali notify
Tenant within forty-five {45) days after the date of destruction. Rent sha(I abate from the data of total
destruction.
24. Condemnation. if all of the Leased Premises shall be taken for any public or quasi-public use
under any governmental law, ordinance or regulation, or by right of eminent domain, or should be scold to the
condemning authority under threat of condemnation, this Lease shall terminate and the Rent shall k~e abated
during the unexpired portion of this Lease, effective thirty (30) days prior to the actual taking of possession of
-10-
said Leased Premises by the condemning authority, and Tenant shall be released from any further obligations
under this Lease as of said day, provided, however, that Tenant reserves all rights which it may have with
respect to relocation or other damages against the condemning authority. If less than all of the Leased
Premises shall be taken for any public or quasi-public use under any governmental law, ordinance or
regulation, or by right of eminent domain, or should be sold to the condemning authority under threat of
condemnation, this Lease shall not terminate but Landlord shall, at its sole expense, within ninety (90)
calendar days from the date of the actual taking of possession by the condemning authority, restdre and
reconstruct the Building or other improvements (including the parking areas and access drives), providled that
such restoration and reconstruction shall make the same reasonably tenable and suitable for the ulses for
which the Leased Premises are leased, as determined by Tenant. Rent payable hereunder during the
unexpired portion of this Lease shall be adjusted equitably. Landlord and Tenant shall each be enkitled to
receive and retain such separate awards and portions of lump sum awards as may be allocated to the
respective interest in any condemnation proceeding. The termination of this Lease shall not affect the fights of
the respective parties to such awards.
25. Landlord's Right of Entry. Tenant shall permit Landlord and Landlord's agents to enter into
and upon the Leased Premises at all reasonable times for the purpose of inspecting the same, maintaining the
Building, making repairs to any other portion of the Building, including the erection of scaffolding, drops or
other mechanical devices, or for the purpose of posting notice of non-liability for repairs, without any debate of
Rent to Tenant or damages for any loss of occupation or quiet enjoyment of the Leased Premises thereby
occasioned and shall permit Landlord, at any time within sixty (60) calendar days prior to the expiratidn of this
Lease, to put upon the Leased Premises any usual or ordinary "to let" or "to lease" signs. Landlord and its
agents may, during said last mentioned period, at reasonable hours, enter upon the Leased Premises and
exhibit the same to prospective tenants. Landlord shat! employ reasonable care and shall not disturb,!Tenant's
business.
26. Signage. Tenant shall have the right to maintain the existing business identification $ign (wall
mounted) located on the Building facing Market Street. Tenant shall not install or cause to be instilled any
additional sign on the Building or otherwise without Landlord's prior written consent.
27. Surrender of Leased Premises. Tenant shall, upon the expiration or sooner termlination of
the Term or of any month-to-month tenancy, promptly surrender and deliver the Leased Premises to
Landlord without demand therefor in good condition, damage by fire or other casualty and ordinary'wear and
-11-
tear all excepted. Tenant shall remove or cause to be removed all personal property, trade fixtures,
business equipment and all other items which Tenant may be entitled to remove under the terms of this
Lease from the Leased Premises. Tenant shall surrender the Leased Premises to Landlord in a broom
clean condition.
28. Hold Over. If Tenant holds possession of the Leased Premises after the expiration of the Term
Tenant shall become a Tenant from month-to-month upon the terms herein specified, at a monthly rent,
however, equal to one hundred twenty (120%) percent of the monthly rental payable for the month next
preceding the month of expiration, which said sum shall be payable monthly in advance, on the first', day of
each month. Said month-to-month tenancy shall continue until such time as either Landlord or Tena~ht shall
give the other at least thirty (30) days' prior written notice of intention to terminate the month-to-month tenancy.
Termination shall be effective as of the last calendar day of the month in which the notice period expires.
29. Indemnification. Tenant shall be responsible for, indemnify and hold Landlord harmless from
any and all liability by reason of any damage or injury to any person or property which may arise from any
cause on or about the Leased Premises, unless such damage or injury shall be a direct result) of the
negligence of Landlord, Landlord's agents or employees. Such obligation to indemnify shall include, bUt not be
limited to, reasonable attorneys' fees, expert witness fees, cost of discovery, or any other reasonable cast
directly or indirectly related to any litigation or defense of any such claim, demand, charge or cause df action
and shall include any and all monetary damages imposed upon Landlord as a result thereof. Landlord shalt
have the right to settle any claim against it for which it may have a right of indemnity from Tenant. Ainy such
settlement shall conclusively be presumed to be reasonable and of a claim 'for which Landlord was liable.
30. Title. Landlord covenants and warrants that Landlord has full right and lawful authority) to enter
into this Lease for the Term and that Lanclord has fee simple good and marketable title to the Building and the
Leased Premises. Further, Landlord covenants and agrees that Tenant shall, upon payment of Bent and
observing and performing all of the material terms, covenants and conditions on Tenant's part to be observed
and performed, enjoy the Leased Premises for the Term.
31. Notices. All notices to be given under this Lease shall be in writing and shalt be piersonally
delivered or deposited in the United States mail, certified, postage prepaid, return receipt requested, .and shall
-12-
-
be deemed received as of the day of personal delivery, or if by mail two (2) business days after the postmark,
addressed to Landlord or Tenant at the address set forth below:
To Landlord: Lemoyne Partners, LLC
ATTN: Edmund G. Myers, Manager
301 Market Street
Lemoyne, PA 17043
To Tenant: Randall Ray Robertson and
Molly L. Landon Robertson
300 Market Street
Lemoyne, PA 17043
Landlord and Tenant, by notice in accordance with the Perms of this Paragraph 31, sha11 have the right
to change the address for notice to be sent to either Landlord or Tenant and shall have the right to,~ add or
substitute entities to which a copy of any notice shall be sent by the other party.
32. Parties Bound. This Lease shall be binding upon and shall inure to the benefit of thy' parties
hereto, their respective heirs, successors and assigns permitted by this Lease. RANDY RAY ROBERTSON
and MOLLY L. LANDON ROBERTSON agree to be bound jointly and severally.
33. Governing Law. This Lease shall be construed under and in accordance with the lavivs of the
Commonwealth of Pennsylvania and all obligations of the parties created hereunder are performable in
Cumberland County, Pennsylvania.
34. Legal Construction. In case one or more of the provisions contained in this Lease. shall be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability sshall not
affect any other provision thereof and this Lease shall be construed as if such invalid, illegal or unenflorceable
provision had never been contained herein.
35. Survival of Remedies. The remedies provided to Landlord and Tenant this Luse shall
survive the expiration or termination of this Lease.
36. Waiver. The failure of Landlord or Tenant to exercise any of the rights granted.; to either
Landlord or Tenant under the terms and conditions of this Lease shall not be deemed a waiver of thdse rights.
Landlord or Tenant shall only be deemed to waive a specific right if said waiver is in writing, signed byi the party
waiving the right.
-13-
i _
37, Recording. Recording of this Lease by the Tenant is prohibited.
38. Entire Agreement. Except for the Disclosure for the Confession of Judgment, this Lease
contains the entire agreement regarding the subject matter hereof between Landlord and Tenant arrd this
Lease shall not be modified, altered or amended except in writing signed by Landlord and Tenant.
39. Termination -Existing Lease. Effective as of the Term Commencement Date (Septenhber 1,
2011), the Existing Lease between the parties shall expire and shall be terminated and be of no further force
and effect except for the enforcement provisions and for any unpaid Rent or other charges payable by tenant
to Landlord pursuant to the terms and conditions of the aforesaid Existing Lease.
!N WITNESS WHEREOF, Landlord, by its duly authorized Manager, and Tenant, individuallyi, have
caused this Lease to be signed and delivered, in duplicate, as of the day and year first above written.
Landlord:
Lemoyne Partners, LLC;
By: ~ SEAL
( )
Edmund G. My rs, Manager
Tenant:
By: ~I(SEAL)
R Ra
By: (SEAL)
~ ' o ly a n Robertso
:455743v9
- 14-
DISCLOSURE FOR THE CONFESSION OF JUDGMENT
We, RANDALL RAY ROBERTSON and MOLLY L. LANDON ROBERTSON, certify that we are
executing, this ~f~ day of er-n 2011, a Commercial Lease obligating each of us, jointly and
severally, to pay the amounts ther in specified to LEMOYNE PARTNERS, LLC.
Initials:
We understand that the Commercial Lease contains wording that would permit LEMOYNE
PARTNERS, LLC to enter judgment (for money and/or for possession) against us at the courthause,
without notice to us and without offering us an opportunity to defend against the entry of judgment.
Initials:
By executing this Commercial Lease, we confirm that we are knowingly, understandingly and
voluntarily waiving our rights to resist the entry of judgment against us at the court house and are
consenting to the confessions of judgment in the Lease.
Initials:
We each certify that our annual income exceeds Ten Thousand Dollars ($90,000.00).
DATE: (SEAL)
RAN A ERTSON
DATE: ~ ! _ SEAL)
M LY L O SON
:416350v3
_
i
LEMOYNE PARTNERS, LLC
301 MARKET STREET
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE 717-761-4540
FACSIMILE: 717-761-301.5
August 2, 2012
Randall R. Robertson
Molly L. Landon Robertson
c/o Triple R. Guitar
300 Market Street
Lemoyne, PA 17043
RE: NOTICE OF DEFAULT
Commercial Lease on 300-302 Market Street, Lemoyne, PA
Dear Randy and Molly,
As you are aware, there remains an outstanding rent payment of $ 500.00 for February
2012. Additionally, you have made no rent payments for March 2012, April 2012, May 2012,
June 2012 and July 2012. Additionally, August 2012 rent was due yesterday.
Under Paragraph 5 E. of the Lease a failure to pay the monthly installment of Anrnlal
Rent by the tenth (10t~') calendar day of the month generates a late charge equal to five (5%)
percent of the monthly xental installments. The late charge is payable for each month thereafter
until the delinquent monthly rent is paid.
Accordingly, the late charge for the February 2012 rent is $600.00, that is $ 100.00 per
month for February 2012, March 2012, April 2012, May 2012, June 2012, and July 2012. For
March 2012, the late charge is $ 500.00, that is $ 100.00 per month for March 2012, Apri12012,
May 2012, June 2012, and July 2012. For Apri12012, the late charge is $400.00, that is $ 100.00
per month for April 2012, May 2012, June 2012, and July 2012. For May 2012, the late charge
is $300.00, that is $ 100.00 per month for May 2012, June 2012, and July 2012. For June 2012,
the late charge is $200.00, that is $ 100.00 per month for June 2012, and July 2012. For July
2012, the late charge is now $ 100.00. Therefore, as of the end of July 2012, the total amount
due for late charges is $ 2,100.00. As each month goes by without full payment of the rent for
each specific month, you incur an additional $ 100.00 per month.
As of the date of this letter, the total delinquent rent is $ 10,500.00 and the Iate charge is
$ 2,100.00 for a total due of $ 12,600.00.
I am aware that you have informed Laura Dobbin that due to the economy business has
been slow. We certainly understand your situation, but we can not continue to permit you to
make sporadic payments.
I
_ -
Randall R. Robertson
Molly L. Landon Robertson
Page 2 of 2
August 2, 2012
Under Paragraph 16 A. of the Lease, you must pay at least $ 12,600.00 of the total
amount due within ten (10) calendar days upon receipt of this notice. This will satisfy the
delinquent rent and late charges for February 2012, March 2012, April 2012, May 2012, June
2012 and July 2012 in full. Failure to pay this amount will constitute an Event of Default,
triggering the Landlord's remedies. Please note that in the Event of a Default, Paragraph 17-
Landlord's Remedies, you are both still liable for any rents in arrears and additional rent incurred
until the end of the Lease. The August 2012 rent in the amount of $ 2,000.00 must be paid no
later than Friday, August 10, 2012.
If you would like to discuss this matter further, please do not hesitate to contact Laura or
myself.
Very truly yours,
LEMOYNE PARTNERS, LLC
Edmund G. Myers, Manager
EGM: lld
Enclosure: 491289
Sent by cef•tified mail: 9171 9690 0935 0005 8315 14
Also hand delivered on August 2, 2D12
Also sent be email.• info(~tri~lergz~itar.com
r i ~' .~
JOHNSON, DUFFIE, STEWART 8~ WEIDNER
By: Ulysses S. Wilson
I. D. No. 312598
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
usw@jdsw.com
:~~ qtr+~p ~..
t , ., : ~.. k .~ f i ti l~ i wa E
Attorneys for Plaintiff
- zh~~` L...,Y~H~1~~1
LEMOYNE PARTNERS, LLC,
Plaintiff
v.
RANDALL R. ROBERTSON and MOLLY
LANDON ROBERTSON,
Defendants
RETURN OF SERVICE
NO. 2012-5364
CIVIL ACTION -LAW
AND NOW, this 13th day of November, 2012, the undersigned does hereby certify that on
October 12, 2012, Notices under Rule 2973.2 and 2958.1 were served upon Defendants Randall
R. Robertson and Molly Landon Robertson, pursuant to Pa. R.C.P. No. 403, by causing them to
be sent via certified mail addressed to the Defendants' residence. The delivery records from the
United States Postal Service confirming the Notices were mailed on October 12, 2012 and
undelivered, to the Defendants along with the cover letter are attached hereto collectively as
Exhibit A. The Notices were also sent via ordinary mail and were not returned within fifteen
days after mailing.
Respectfully submitted,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
JOHNSON, DUFFIE, STEWART &WEIDNER
By: ~~`_.
Ulysses S. Wilson
Attorney for Plaintiff
:525061
~~
EXHIBIT A
r
Date: 11 /12/2012
ULYSSES WISLON:
In response to your request dated 11/12/2012, we regret to inform you that we were unable to
locate any delivery information in our records regarding your item number 7196 9009 3500
0583 2580.
If you require additional assistance, please take this receipt to your local Post Office or postal
representative.
Sincerely,
United States Postal Service
i
~~~~~ ~~~
Date: 11 /12/2012
ULYSSES WILSON:
In response to your request dated 11/12/2012, we regret to inform you that we were unable to
locate any delivery information in our records regarding your item number 7196 9009 3500
0583 2597.
If you require additional assistance, please take this receipt to your local Post Office or postal
representative.
Sincerely,
United States Postal Service
JERRY R. DUFFLE ELIZABETH D. SNOVER
RICHARD W. STEWART SARAH E. HOFFMAN
EDI•NND G. MYERS LAW O F F I C B S CAROLYN B. MCCLAIN
DAVID W. i~ELUCE JOHN A. LUCY
JOHN A. STATLER \ ~JC~\ ~ J~~\ ~ ULYSSES S. WILSON
JEFFER50N J. SHIPMAN `J ~,~j~ ~~jj ~~~•J// v JULIA A. PHILLIPS
JEFFREY B. RETTIG FFIE
MARK C. DUFFLE OF COUNSEL
U
JOHN R. NINOSKY HORACE A. JOHNSON
MICHAEL J. CASSIDY C. ROY WEIDNER, JR.
MELISSA PEEL GREEVY CONSTANCE P. BRUNT
WADED. MANLEY
WRr<~ix'S Lrr. N0. I%I~I
9171 9690 0935 0005 8325 97 1;-AL~IL uswC"?jdsw.com
October 12, 2012 ~ ~~~
~~ ~ .ae.
Molly Robertson
2101 Mayfred bane
Camp Hill, PA 17011
Re: Triple RGuitar -Judgment Notices
Dear Ms. Robertson:
Enclosed herewith please find a copy of the Entry of Judgment, Notice under Rule 2958.1,
and Notice under Rule 2973.2 concerning the 300-302 Market Street property.
Very truly yours,
Johnso~n,',ID~uffle/, Stewart & Weidner
Ulysses S. Watson
USW:519653
Enclosures
301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109
WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM
JOHNSON, DUFFIE, STEWART. & WEIDNER, P..C.
JERRY R. DUFFLE ELIZABETH D. SNOVER
RICHARD W. STEWAR'C SARAH E. HOFFMAN
EDMUND G. MfERS LAW O F F I C E S CAROLYN B. MCCLAIN
T ~ ~'(~
~ T
DAVID W DELUGE JOHN A. LUCY
~~
O
JOHN A.~TATLER O ~\V' J ~\V' ULYSSES S. WILSON
JEFFERSON J. SHIPMAN JULIA A. PHILLIPS
JEFFREY B. RETTIG UFFIE
OF COUNSEL
MARK C. DUFFIE HORACE A. JOHNSON
JOHN R. NINOSKY C. ROY WEIDNER, JR.
MICHAEL J. CASSIDY CONSTANCE P. BRUNT
MELISSA PEEL GREEVY
WADE D. MANLEY
64'h.rrER's7?~~r. No. 11.1
E-RLarL u:~~a rLjdsw.com
9171 9690 0935 0005 8325 80
October 12, 2012
~ ~ t,~~
Randall Robertson
2101 Mayfred Lane
Camp Hill, PA 17011
Re: Triple RGuitar -Judgment Notices
Dear Mr. Robertson:
Enclosed herewith please find a copy of the Entry of Judgment, Notice Under Rule 2958.1,
and Notice Under Rule 2973.2 concerning the 300-302 Market Street property.
Very truly yours,
Johns/~o/n~, Duffle, Ste art & Weidner
~ G~'~
Ulysses S. Wilson
USW: 519653
Enclosures
301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109
WWWJDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL~JDSW.COM
JOHNSON, DUFFIE, STEWART &WEIDNER, P.C.
~:si~~i~iY?0 P~1 l~ o~J
re ~~'~~:Etti_h~,~",, Cl~L~6 i I Y
Joseph B. Sobel, Attorney for Defendants
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
Tel: (717) 234-2200
Fax: (717) 234-2211
lqj b~aol. com
LEMOYNE PARTNERS, LLC, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
~• Civil Action 12-5364 Civil
RANDALL R. ROBERTSON and,
MOLLY LANDON ROBERTSON,
Defendants
CIVIL ACTION -LAW
Johnson Duffie Stewart 8v Weidner
Ulysses S. Wilson. Esquire
I.D. No. 312598
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Tel: (717) 761-4540
usw@dsw. com
Attorneys for Plaintiff
Joseph B. Sobel,
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
Tel: (717) 234-2200
Fax: (717) 234-2211
1 Zj~aol.com
LEMOYNE PARTNERS, LLC,
Plaintiff
v.
RANDALL R. ROBERTSON and,
MOLLY LANDON ROBERTSON,
Attorney for Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action 12-5364 Civil
CIVIL ACTION -LAW
Defendants
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Randal R. Robertson and Molly Landon Robertson, Defendants in the above-
captioned action, have filed for relief from the Bankruptcy Court under Chapter 7 of the
U. S. Code. A copy of the Voluntary Petition in Bankruptcy is attached.
Joseph B. Sobel
Attorney for Defendants
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
(717) 234-2200
Joseph B. Sobel
P.O. Box 828
Harrisburg, PA 17108-0828
I.D. No. 17715
Tel: (717) 234-2200
Fax: (717) 234-2211
jo~bs(~;.aol.com
LEMOYNE PARTNERS, LLC,
Plaintiff
v.
RANDALL R. ROBERTSON and,
MOLLY LANDON ROBERTSON,
Defendants
Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action 12-5364 Civil
CIVIL ACTION -LAW
I hereby certify that on November 30, 2012, a true and correct copy of the
foregoing Suggestion of Bankruptcy was served upon Plaintiff, LEMOYNE PARTNERS,
LLC, by mailing same by United States Mail, First Class, postage prepaid, to its attorney
of record, at the following address:
ULYSSES S WILSON ESQUIRE
JOHNSON DUFFIE STEWART Ss WEIDNER
301 MARKET STREET
PO BOX 109
LEMOYNE PA 17043-0109
Joseph B. Sobel
Attorney for Defendants
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-082$
(717) 234-2200
Bl (Official Form 11 (12/111
United States Bankruptcy Court
Middle District of Pennsylvania
,.:;
Name of Debtor (if individual, enter Last, First, Middle): Name of Joint Debtor (Spouse) (Last, First, Middle):
Robertson, Randal, Ray Robertson, Molly, Landon
AI I Other Names used by the Debtor in the last 8 years All Other Names used by the Joint Debtor in the last 8 years
(include marred, maiden, and trade names): (include married, maiden, and trade names):
Randal Ray Robertson Sr Molly L Robertson
Randal R Robertson
Last four digits of Soc. Sec. or Individual-Taxpayer LD. (1TIN)/Complete EIN(if more Last four digits of Soc. Sec. or Individual-Taxpayer LD. (IT[N)/Complete EIN(if more than
than one, state all): 9510 one, state all): 7030
Street Address of Debtor (No. & Street, City, and State): Street Address of Joint Debtor ('No. & Street, City, and State):
2101 Mayfred Lane 2101 Mayfred Lane
Camp Hill, PA Camp Hill, PA
ZIP CODE 17011 ZIP CODE 17011
County of Residence or of the Principal Place of Business: County of Residence or of the Principal Place of Business:
Cumberland Cumberland
Mailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address):
ZIP CODE ZIP CODE
ovation of Principal Assets of BusinesSDebtor (if different from street address above):
Z~ CODE
ype of a for Nature of Business apter o an ptcy o e n er c
(Form of Organization)
(Check one box.) (Check one box) the Petition is Filed (Check one box)
® Individual (includes Joint Debtors) ^ Health Care Business
^ Single Asset Real Estate as defined in I 1 Cha ter 7
® p ^ Chapter l5 Petition for
See Exhibit D on page 2 oJ7his form.
U.S.C. § I O l (51 B) Cha ter 9 Recognition of a Forei
^ P g°
^ Corporation (includes LLC and LLP)
^ Railroad Main Proceeding
^ Chapter 1 I
^ Partnership
^ Stockbroker ^ Chapter IS Petition for
^ Chapter 12
^ Other (If debtor is not one of the above entities,
^ Commodity Broker Recognition of a Foreign
Nonmain Proceeding
^
check this boa and state type of entity below.) ^ Clearing Bank Chapter 13
^ Other
Chapter 15 Debtors Tax-Exempt Entity Nature of Debts
Country of debtor's center of main interests: (Check box, if appl icable) (Check one box)
^ Debtor is atax-exempt organization ® Debts are primarily consumer ^ Debts are primarily
under Title 26 of the United States debts, defined in 11 U.S.C. business debts
Each country in which a foreign proceeding by, regarding
Code (the Internal Revenue Code.) .
§ 101(8) as "incurred by an
or against debtor is pending: individual primarily for a
personal, family, or house-
hold ose."
Filing Fee (Check one box) Chapter 11 Debtors
® Full Filing Fee attached Check one box:
^ Debtor is a small business debtor as defined in I 1 U.S.C. § 101(51 D).
^ Filing Fee to be paid in installments (applicable to individuals only). Must attach ^ Debtor is not a small business debtor as detned in I I U.S.C. § 10 ] (51 D).
signed application fur [he court's consideration certifying that the debtor is Check if:
unable to pay fee except in installments. Rule 1006(6) See Official Form 3A.
^ Debtor's aggregate noncontingent liquidated debts (excluding debts owed to
^ Filing Fce waiver requested (applicable to chapter 7 individuals onl
)
Must insiders or affiliates) are less than $2,343,300 (amount subject to adjustment on
4/
/
y
.
attach signed application fur [he court's consideration. See Official Form 3B. 0!
!3 and every three years thereafter).
Check all applicable boxes
^ A plan is being filed with this petition
^ Acceptances of the plan were solicited prepetition from one or more classes
of creditors, in accordance with 11 U.S.C. § 1126(6).
StatlsticaUAdministrative Information
^ Debtor estimates that funds will be available for distribution to unsecured creditors. THIS SPACE IS FOR
COURT USE ONLY
® Debtor estimates that, after any exempt property is excluded and administrative
expenses paid, there will be no funds available for distribution to unsecured creditors.
Estimated Number of Creditors
1- 50- 100- 200- 1,000- 5,001- 10,001- 25,00
49 1- 50,001- Over
99 199 999 5,000 10,000 25,000 50,000 100,000 100,000
Estimated Assets
$0 to $50,001 to $100,001 to $SOQ,UOt W $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 Morc than $1
$50,000 $100
000 $500
000 $1
,
,
to$10 [0$50 to$100 to $500 toSl billion billion
million million million million million
Estimated Liabilities
SO to $50,001 to $100,001 to $500,001 to $1,000,001 $10,000,001 $50,000,001 $100,000,001
$50,000 $100,000 $500,000 $ I to $ ] 0 to $50 to $100 $SOO,OOQ,001 More than $ I
to $500
million million million million million to S1 billion billion
- -- --• • - .......~.. .,. v..vv wrcin r
Document Page 1 of 3
R1 (official Fnrm 11 (12/111
FORM Bl, Page 2
Voluntary Petition Name of Debtor(s):
(This page must he completed and filed in every case) Randal Ray Robertson, Molly Landon Robertson
All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet.)
Location Case Number: Date Filed:
Whcrc Filed: NONE
Location Case Number: Date Filed:
Where Filed:
Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet)
Name of Debtor: Case Number: Date Filed:
NONE
District: Relationship: Judge:
Exhibit A Exhibit B
(To be completed if debtor is required to file periodic reports (e.g., forms I OK and (To be completed if debtor is an individual
I OQ) with the Securities and Exchange Commission pursuant [o Section 13 or I5(d) whose debts are primarily consumer debts)
of the Securities Exchange Act of 1934 and is requesting relief under chapter 11.) I, the attorney for the petitioner named in the foregoing petition, declare that I
have informed the petitioner that [he or she] may proceed under chapter 7, 11,
12, or 13 of title 11, United States Code, and have explained the relief
available under each such chapter. I further certify that I have delivered to the
debtor the notice required by I I U.S.C. § 342(b).
^ Exhibit A is attached and made a part of this petition. X /Joseph B Sobel 11-30-12
Signature of Attorney for Debtor(s) Date
Joseph B Sobel 17715
Exhibit C
Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety?
^ Yes, and Exhibit C is attached and made a part of this petition.
® No
Exhibit D
(To be completed by every individual debtor. If ajoim petition is filed, each spouse must complete and attach a separate Exhibit DJ
Exhibit D completed and signed by the debtor is attached and made a par[ of this petition.
[f this is a joint petition:
[~ Exhibit D also completed and signed by [he joint debtor is attached and made a part of this petition.
Information Regarding the Debtor -Venue
(Check any applicable box)
~f Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately
preceding [he date of this petition or for a longer part of such 180 days than in any other District.
^ There is a bankruptcy case concerning debtor's affiliate. general partner, or partnership pending in this District.
^ Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United Slates in this District. or
has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in
this District, or the interests of the parties will be served in regazd to the relief sought in this District.
Certification by a Debtor Who Resides as a Tenant of Residential Property
(Check all applicable boxes.)
^ Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following).
(Name of landlord that obtained judgment)
(Address of landlord)
^ Debtor claims [hat under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the
entire monetary default that gave rise to the judbrrnent for possession, after the judgment for possession was entered, and
^ Debtor has included in this petition the deposit with the court of any rent that would become due during the 30-day period after [he
tiling of the petition.
^ Debtor certifies that he/she has served the Landlord with this certification. (] 1 U.S.C. $ 3620)).
Case 1:12-bk-06845 Doc 1 Filed 11/30/12 Entered 11/30/12 11:35:26 Desc Main
Document Page 2 of 3
Bl (Official Form 1) (12/11)
FORM Bl, Page 3
Voluntary Petition Name of Debtor(s):
(This page must be completed and.rled in every case) Randal Ray Robertson, Molly Landon
Robertson
Si natures
Signature(s) of Debtor(s) (IndividuaUJoint) Signature of a Foreign Representative
[ declare under penalty of perjury that the information provided in this petition is true I declare under penalty of perjury that the information provided in this petition is true
and correct. and correct, that I am the foreign representative of a debtor in a foreign proceeding,
[If petitioner is an individual whose debts are primarily consumer debts and has and that I am authorized to file this petition.
chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12
or 13 of title 11, United Slates Cude, understand the relief available under each such (Check only one box.)
chapter, and choose to proceed under chapter 7.
[If no attomey represents me and no bankntptcy petition preparer signs the petition] I ~ I request relief in accordance with chapter 15 of Title 11, United States Code.
have obtained and read the notice required by 11 U.S.C. § 342(b). Certified Copies of the documents required by I 1 U.S.C. § 1515 are attached.
~ Pursuant to I 1 U.S.C. § 1511, [request relief in accordance with [he
i request relief in accordance with the chapter of title 1 I, United States Code, specified chapter of title 11 specified in the petition. A certified copy of the
in this petition. order l,Ranting recognition of the foreign main proceeding is attached.
X s/ Randal Ray Robertson X Not Applicable
Signature of Debtor Randal Ray Robertson (Signature of Foreign Representative)
X s/ Molly Landon Robertson
Signature of Joint Debtor Molly Landon Robertson (Printed Namc of Foreign Representative)
Telephone Number (If not represented by attomey)
11-30-12 Date
Date
Signature of Attorney Signature of Non-Attorney Petition Preparer
X /Joseph B Sobel
Signature of Attorney for Debtor(s) I declare under penalty of perjury that: (I) I am a bankruptcy petition preparer as defined
in 11 U.S.C. ¢ 110; (2) I prepared this document for compensation and have provided the
Joseph B Sobel Bar No. 17715 debtor with a copy of this document and the notices and information required under 1 1
U.S.C. §§ 110(b)
110(h)
and 342(b); and
(3) if roles or guidelines have been
Printed Namc of Attorney for Debtor(sj /Bar No. ,
,
,
promulgated pursuant to 11 U.S.C. § 1 ] 0(h) setting a maximum fee for services chargeable
by bankruptcy petition preparers, I have given the debtor notice of the maximum amount
Law Offices Joseph B Sobel before preparing any document for filing for a debtor or accepting any fee from the debtor,
Finn Name
as required in that section. Official Form 19 is attached.
PO Box 828 Harrisburg, PA 17108-0828
Address Not Applicable
Printed Name and title, if any, of Bankruptcy Petition Preparer
717
234
2
717
X
)
-
200 (
) 234-2211
Telephone Number Social-Security number (If the bankruptcy petition preparer is not an individual, state
the Social-Security number of the officer, principal, responsible person or partner of
11-30-12 [he bankruptcy petition preparer.) (Required by 11 U.S.C. § 1 10.)
Date
'In a case in which § 707(b)(4)(D) applies, this signature also constitutes a Address
certification that the attomey has nu knowledge after an inquiry that the
infomration in the schedules is incorrect.
Signature of Debtor (Corporation/Partnership) X Not Applicable
I declare under penalty of perjury that the information provided in this petition is true
and correct, and [hat I have been authorized to file this petition on behalf of the Date
debtor.
Signature of bankruptcy petition preparer or officer, principal, responsible person, or
The debtor requests the relief in accordance with the chapter of title 11, United States partner whose Social-Security number is provided above.
Code, specified in this petition. Names and Social-Security numbers of all other individuals who prepared or assisted
Not A
licable in preparing this document unless the bankruptcy petition preparer is not an
pp
X individual.
Signature of Authorized Individual If more than one person prepared this document, attach to [he appropriate official form
for each person.
Printed Name of Authorized Individual A bankruptcy petition preparer sJailure to comply with the provisions ol'title 11 and
the Federal Rules of Bankruptcy Procedure may resell in,fines or imprisonment or
Title of Authorized Individual hath. 11 CLS.C. $ 110; /R U.S.C. ,¢' ISh.
Date
Case 1:12-bk-06845 Doc 1 Filed 11/30/12 Entered 11/30/12 11:35:26 Desc Main
Document Page 3 of 3
B 1D (Official Form 1, Exhibit D) (12/09)
UNITED STATES BANKRUPTCY COURT
Middle District of Pennsylvania
In re Randal Ray Robertson Molly Landon Case No.
Robertson
Debtor(s) (~f known)
EXHIBIT D -INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH
CREDIT COUNSELING REQUIREMENT
Warning: You must be able to check truthfully one of the five statements regarding credit
counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court can
dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your creditors
will be able to resume collection activities against you. If your case is dismissed and you file another
bankruptcy case later, you may be required to pay a second filing fee and you may have to take extra steps
to stop creditors' collection activities.
Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete and file
a separate Exhibit D. Check one of the five statements below and attach any documents as directed.
~ 1. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit
counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities
for available credit counseling and assisted me in performing a related budget analysis, and I have a certificate
from the agency describing the services provided to me. Attach a copy of the certificate and a copy of any debt
repayment plan developed fhrough the agency.
^ 2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit
counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities
for available credit counseling and assisted mein performing a related budget analysis, but I do not have a
certificate from the agency describing the services provided to me. You must file a copy of a certificate from the
agency describing fhe services provided to you and a copy of any debt repayment plan developed fhrough the
agency no later than 74 days after your bankruptcy case is filed.
^ 3. I certify that I requested credit counseling services from an approved agency but was unable to
obtain the services during the seven days from the time I made my request, and the following exigent
circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case now.
(Summarize exigent circumstances here.)
If your certification is satisfactory to the court, you must still obtain the credit counseling briefing
within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the
agency that provided the counseling, together with a copy of any debt management plan developed
through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any
extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days.
Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy
case without first receiving a credit counseling briefing.
Case 1:12-bk-06845 Doc 1-1 Filed 11 /30112 Entered 11 /30/12 11:35:26 Desc
Exhibits D Page 1 of 4
B 1D (Official Form 1, Exh. D) (12109) -Cont.
^ 4. I am not required to receive a credit counseling briefing because of: (Check the applicable
statement.] (Must be accompanied by a motion for determination by the court.]
^ Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or
mental deficiency so as to be incapable of realizing and making rational decisions with respect to financial
responsibilities.);
^ Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being
unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or
through the Internet.);
^ Active military duty in a military combat zone.
^ 5. The United States trustee or bankruptcy administrator has determined that the credit counseling
requirement of 11 U.S.C. ' 109(h) does not apply in this district.
I certify under penalty of perjury that the information provided above is true and correct.
Signature of Debtor: s1 Randal Ray Robertson
Randal Ray Robertson
Date: 11-30-12
Case 1:12-bk-06845 Doc 1-1 Filed 11/30/12 Entered 11/30/12 11:35:26 Desc
Exhibits D Page 2 of 4
B 1D (Official Form 1, Exhibit D) (12/09)
UNITED STATES BANKRUPTCY COURT
Middle District of Pennsylvania
In re Randal Ray Robertson Molly Landon Case No.
Robertson
Debtor(s) (d known)
EXHIBIT D -INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH
CREDIT COUNSELING REQUIREMENT
Warning: You must be able to check truthfully one of the five statements regarding credit
counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court can
dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your creditors
will be able to resume collection activities against you. If your case is dismissed and you file another
bankruptcy case later, you may be required to pay a second filing fee and you may have to take extra steps
to stop creditors' collection activities.
Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse musf complete and file
a separate Exhibit D. Check one of the 1•ive statements below and attach any documents as directed.
~ 1. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit
counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities
for available credit counseling and assisted me in penforming a related budget analysis, and I have a certificate
from the agency describing the services provided to me. Attach a copy of the cert~cate and a copy of any debt
repayment plan developed through the agency.
^ 2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit
counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities
for available credit counseling and assisted mein performing a related budget analysis, but I do not have a
certificate from the agency describing the services provided to me. You must file a copy of a certificate from the
agency describing the services provided to you and a copy of any debf repayment plan developed through the
agency no later than 14 days after your bankruptcy case is filed.
^ 3. I certify that I requested credit counseling services from an approved agency but was unable to
obtain the services during the seven days from the time I made my request, and the following exigent
circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case now.
(Summarize exigent circumstances here.]
If your certification is satisfactory to the court, you must still obtain the credit counseling briefing
within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the
agency that provided the counseling, together with a copy of any debt management plan developed
through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any
extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days.
Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy
case without first receiving a credit counseling briefing.
Case 1:12-bk-06845 Doc 1-1 Filed 11 /30/12 Entered 11 /30/12 11:35:26 Desc
Exhibits D Page 3 of 4
B 1 D (Official Form 1, Exh. D) (12/09) -Cont.
^ 4. I am not required to receive a credit counseling briefing because of: (Check the applicable
statement.) (Must be accompanied by a motion for determination by the court.]
^ Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or
mental deficiency so as to be incapable of realizing and making rational decisions with respect to financial
responsibilities. );
^ Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being
unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or
through the Internet.);
^ Active military duty in a military combat zone.
^ 5. The United States trustee or bankruptcy administrator has determined that the credit counseling
requirement of 11 U.S.C. ' 109(h) does not apply in this district.
I certify under penalty of perjury that the information provided above is true and correct.
Signature of Debtor: s/ Molly Landon Robertson
Molly Landon Robertson
Date: 11-30-12
Case 1:12-bk-06845 Doc 1-1 Filed 11 /30/12 Entered 11 /30/12 11:35:26 Desc
Exhibits D Page 4 of 4
Johnson, Duffie, Stewart & Weidner
By: Ulysses S. Wilson
LD. No. 31259$ Attorneys for Plaintiff
301 Market Street .-s '-'
~..:: _.
P. O. Box 109 ; ~ -
Lemoyne, Pennsylvania 17043-0109 , , ~ ~ ,~ ~~ _
(717) 761-4540 ~ ~-
_ ~,__.
._ c~ -
_ .- ~..,.
~'~ ~ ~ `-
_ 5 1y
LEMOYNE PARTNERS, LLC, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 2012-CV-5364
v. :
CIVIL ACTION -LAW
RANDALL R. ROBERTSON and
MOLLY LANDON ROBERTSON,
Defendants
PRAECIPE FOR WRIT OF POSSESSION
UPON A CONFESSED JUDGMENT
TO THE PROTHONOTARY:
Please issue a writ of possession upon the judgment in ejectment entered by confession in
the above matter for the property located at 300-302 Market Street, Lemoyne, Cumberland
County, Pennsylvania containing approximately 3,688 square feet and known as Triple R Guitar.
The Market Street property, for which a legal description is attached, is the property to be levied
upon. However, the defendants are rarely present at that address and should be served at their
residence at 2101 Mayfred Lane, Camp Hill, PA 17011.
CERTIFICATION
I certify that:
1. This Praecipe is based upon a judgment entered by confession; and
2. Notice pursuant to Rule 2973.2 has been served at least 30 days prior to the filling
of this praecipe as evidenced by affidavits of service filed of record.
JOHNSON, DUFFIE, STEWART 8~ WEIDNER
Date: !/~~? d //~ By: ~/~
Ulysses S. ilson
s I.D. No. 312598
519496
~ ~. do `"~ ~ ~ s~, 4s ~r c~~~
~, u ~, u ~ 8~~~_~ I i )d ~ ~ Gass T~~~
Lot 1:
ALL that certain parcel of land situate in the Borough of Lemoyne, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point at the southwest corner of Third and Market Streets; THENCE South 37
degrees 40 minutes East along the west line of Third Street, 131.26 feet to a point; THENCE
South 66 degrees 30 minutes West along line of lands now or formerly of the Irvin Heiges
Estate, 49.48 feet to a stake; THENCE by the same, South 23 degrees 44 minutes East, 54.50
feet to a stake at the right-of-way line of the Pennsylvania Railroad Company; THENCE by the
latter, South 55 degrees 2 minutes West, 23.96 feet to a stake; THENCE along property now or
late of Jess Kemberling North 23 degrees 44 minutes West, 186.24 feet to a point on the south
line of Market Street, THENCE by the latter North 66 degrees 16 minutes East, 41.4 feet to the
place of BEGINNING.
HAVING ERECTED THEREON a two story brick building being known and numbered as No.
300 Market Street.
UNDER AND SUBJECT to the right of the municipal authority of the Borough of Lemoyne to
maintain a sanitary sewer line across the easterly portion of the lot.
BEING the same premises which Beth A. Mc Graw, widow, by her Deed dated May 13, 2005,
and recorded May 17, 2005 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Deed Book 268, Page 4550, granted and conveyed unto Lemoyne
Partners, LLC, a Pennsylvania limited liability company, Plaintiff herein.
Lot 2:
ALL that certain parcel of land situate in the Borough of Lemoyne, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point in the southwesterly line of Third (formerly Rossmoyne) Street at the
northern line of Penn Central Railroad; THENCE along lands of said railroad, South 55 degrees
02 minutes West, 61.17 feet to line of lands formerly of I. W. Tillman, now of Beth A. McGraw;
THENCE along the latter lands, North 23 degrees 44 minutes West, 54.5 feet to a point;
THENCE by the same, North 66 degrees 30 minutes East, 49.48 feet to a point in the
southwesterly line of Third Street; THENCE along the latter line, South 37 degrees 40 minutes
East, 43.67 feet to the place of BEGINNING.
CONTAINING 2682 square feet according to a survey by D. P. Raffensperger, Registered
Surveyor, revised September 14, 1976.
BEING the same premises which Beth A. Mc Graw, widow, by her Deed dated May 13, 2005,
and recorded May 17, 2005 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Deed Book 268, Page 4550, granted and conveyed unto Lemoyne
Partners, LLC, a Pennsylvania limited liability company, Plaintiff herein.
:527589
for z
WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LEMOYNE PARTNERS, LLC,
VS.
RANDALL R. ROBERTSON and
MOLLY LANDON ROBERTSON
2101 MAYFRED LANE
CAMP HILL, PA 17011
Attorney's
Plaintiff s
Prothonotary
Costs
No. 12-5364 Civil Term
$ 150.45
$ 2.25
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Cumberland County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver
possession of the following described property to: (Plaintiff (s))
LEMOYNE PARTNERS, LLC,
being: (Premises as follows):
**see Exhibit A**
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any
property of the defendant (s) and sell his/her (or their) interest therein.
l
David D. Buell, Prothonotary,
Common Pleas Court of Cumberland Coun PA
Date I I /3 0/ 12 ~~ ~ , % C~ ~
(Seal)
2 of 2
No 12-5364 Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LEMOYNE PARTNERS, LLC,
VS.
RANDALL R. ROBERTSON and MOLLY LANDON ROBERTSON
WRIT OF POSSESSION
P.R.C.P. 3160-3165 ETC.
Costs
Att'y $ 150.45
Plff (s~ $
Prothy $ 2.25
Sheriff $
Plaintiff (s) attorney name and address:
ULYSSES S. WILSON, ESQUIRE - ID #312598
JOHNSON, DUFFIE, STEWART & WEIDNER
301 MARKET STREET, P.O. BOX 109
LEMOYNE, PA 17043
717-761-4540
Attorney for Plaintiff (s)
Where papers may be served
By virtue of this writ, on the day of I caused the within
named , to have possession of the premises described with the
appurtenances, and
Sworn and subscribed to before me this
Day of ,
Prothonotary
So Answers,
Sheriff
By
Deputy