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13-2763
05/16/2013 12:31 FAX 717 761 3015 JDS &W 4 002/002 Supreme C, nnsylvania Cou leas Prottai:ls¢ County - The information collecW? on this form is used .solely for court administration purposes. This form does not supplement or replace the: filing and service of pleadin s or other tapers as required bylaw or rules of court. Commencement of Action: f> G Complaint ❑ Nrit of Summons ❑ Petition yt ® Transfer from Another Ju isdiction [3 Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: Eugene T. Wertz Jaspreet Kaur, Va eZ Marts Handy Markets Dollar Amount Requested: Elwithin arbitration limits Are money damages requested? Yes [3 No •.• (check one) [3 outside arbitration limits -. Is this a Class Action SOW Q Yes El No Is this an MDJAppeal? ® Yes El No Name of Plaintiff /Appel ant's Attorney: Mark C. Duffie, Esquire E3 Chec : here if you have no attorney (are a Self- Represented Pro Se) Litigant) w ..t5 Nature of the Case Plr ce an "X" to the left of the ONE case category that most accurately describes your ` PPIMARYCASE. If you are making more than one type of claim, check the one that yo=.i consider most important. _;;,.: TORT (do not include Mass Tat-t) CONTRACT (do not include Judgments) CIVIL APPEALS Q Intentional Q Buyer Plaintiff Administrative Agencies :' 3 Y g ::: - ' ❑ Malicious Prosecution _ Q Debt Collection: Credit Card Q Board of Assessment ?• Q Motor Vehicle ® Debt Collection: Other Q Board of Elections I Q Nuisance Q Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ^-: ❑ Product Liability (does r-nt include LL E3 Employment Dispute: mass tort) =". Discrimination "° Q Slander/Libel/ Defamation r Q Other: [3 Employment Dispute: Other Q Zoning Board s t ❑ Other: Q Other: MASS TORT ® Asbestos ❑ Tobacco Q Toxic Tort - DES Q Toxic Tort - Implant - '° ❑ Toxic Waste REAL PROPERTY MISCELLANEOUS Q Ejectment © Other: E3 Common Law /Statutory Arbitration Q Eminent Domain/Condemnation ❑ Declaratory Judgment Q Ground Rent Mandamus Landlord/Tenant Dispute g Non - Domestic Relations •, .. Q Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABIITY Q Mortgage Foreclosure: Commercial ❑ Quo Warranto Q Dental Q Partition ❑ Replevin i•• ± Q Legal ® Quiet Title ❑ Other: Medical © Other: r . ® Other Professional: Updated 1/1/2011 aG= iii PROTHONOTARY Johnson, Duffle, Stewart & Weidner �"I IP9PERL�,pd COUNT By: Mark C. Duffie a I.D. No. 75906 Attorneys for Plaintiff PENNSYLVANIA 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043 -0109 (717) 761 -4540 EUGENE T. WERTZ IN THE COURT OF COMMON PLEAS OF 3412 Lisburn Road CUMBERLAND COUNTY, PENNSYLVANIA Mechanicsburg, Pennsylvania 17055, n NO. S - �'v�l Plaintiff )* V. CIVIL ACTION - IN EJECTMENT JASPREET KAUR t/a eZ Marts Handy Markets 4700 Carlisle Pike Mechanicsburg, Pennsylvania 17050, : Defendants NOTICE TO DEFEND To the Defendants: You have been sued in court. If you wish to defend against the claims set forth in the 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 the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. Cumberland County Bar Association Lawyer Referral and Information Service 32 South Bedford St. Carlisle, PA 17013. Telephone (717) 249 -3166 Toll Free (800) 990 -9108 l D� n.& AVISO LISTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED. NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association Lawyer Referral and Information Service 32 South Bedford St. Carlisle, PA 17013 Telephone (717) 249 -3166 Toll Free (800) 990 =9108 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043 -0109 (717) 761 -4540 EUGENE T. WERTZ IN THE COURT OF COMMON PLEAS OF 3412 Lisburn Road CUMBERLAND COUNTY, PENNSYLVANIA Mechanicsburg, Pennsylvania 17055, NO. Plaintiff V. CIVIL ACTION — IN EJECTMENT JASPREET KAUR t/a eZ Marts Handy Markets 4700 Carlisle Pike Mechanicsburg, Pennsylvania 17050, Defendants COMPLAINT AND NOW, this day of May, 2013, comes the Plaintiff, EUGENE T. WERTZ, by and through his undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint, and in support thereof avers as follows: 1. Plaintiff EUGENE T. WERTZ ( " Wertz ") is an adult individual with an address of 3412 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant JASPREET KAUR, t/a eZ Marts Handy Markets ( "Kaur"), is an adult individual with a business address of 4700 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050. COUNT EJECTMENT 3. Paragraphs one (1) and two (2) are incorporated herein as if fully set forth. 4. Plaintiff is the owner of certain improved real property located at 4700 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Property "). A true and correct copy of the legal description of the property is attached hereto, made a part hereof, and marked as Exhibit "A." 5. Kaur is currently in possession of the Property pursuant to a Lease Agreement dated December 2, 2012, by and between Wertz, as "Landlord ", and Kaur, as "Tenant' (hereinafter referred to as the "Lease Agreement'). A true and correct copy of the Lease Agreement is attached hereto, made part hereof, and marked as Exhibit "B." 6. Pursuant to Paragraph 9 of the Lease Agreement, Kaur is required to make monthly rent installment payments of $3,200.00, commencing January 1, 2011, and on the first day of each month thereafter until January 1, 2021. 7. Kaur has failed to make monthly rent payments required under Paragraph 9 of the Lease Agreement for the months of December of 2012, January, February, March, April and May of 2013. Kaur paid $1,500.00 in December of 2012 and $1,700.00 for each of the first five (5) months of 2013. 8. Kaur is in default of the Lease Agreement for having failed to make the required payments as- set forth above in Paragraph 6. 9. By letter dated April 11, 2013, Wertz gave notice to Kaur of her default of the Lease Agreement for failure to make required payments required thereunder. Said letter constitutes a forfeiture of the Lease Agreement and a termination of Lease Agreement as provided therein. A copy of the aforementioned notice of default is attached hereto, made part hereof, and marked Exhibit "C." 2' 10. Said letter, dated April 11; 2013, notified Kaur that both the Lease Agreement and Kaur's right of possession of the Property were terminated. 11. Kaur has failed to surrender possession of the Property. WHEREFORE, Wertz respectfully requests this Honorable Court to enter judgment in his favor and against Kaur for possession of the property located at 4700 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, and direct Kaur to vacate said premises immediately. COUNT II DAMAGES 12. Paragraphs one (1) and eleven (11) are incorporated herein as if fully set forth. 13. As a result of the items of default as set forth in detail in this Complaint, Wertz claims damages in the amount of $9,200.00, plus interest as follows: December, 2012 rent deficiency: $1,700.00 January, 2013 rent deficiency: $1,500.00 February, 2013 rent deficiency: $1,500.00 March, 2013 rent deficiency: $1,500.00 April, 2013 rent deficiency: $1,500.00 May, 2013 rent deficiency: $1,500.00 Total $9,200.00 14. Wertz claims damages for Kaur's unlawful retention of the Property in an amount equal to the deficiency in rental payments -as provided in the Lease Agreement. [THIS SPACE LEFT INTENTIONALLY BLANK] 3 WHEREFORE, Wertz respectfully requests this Honorable Court to enter judgment against Kaur in the amount of $9,200.00 plus Court costs and interest in an amount to be determined at trial. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Mark C. Duffie Attorney I.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043 -0109 Telephone (717) 761 -4540 Attorneys for Plaintiff :556748 4 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY ALL THAT CERTAIN lot or piece of ground situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described according to a survey made by William B. Whittock on June 17, 1963, as follows: ALL THAT CERTAIN piece or parcel of land off the Carlisle Pike (U.S. Route 11) and Hampden Avenue; thence south two degrees thirty -nine minutes east along the aforementioned Hampden Avenue, one hundred eighty -five and forty hundredths feet to a point at the northern line of Lot No. 30 on Plan of Clearview Farms, Section 2 and 3; thence south eighty -six degrees fifty -two minutes west along Lots Nos. 30 and 31, one hundred feet to a point at lands now or late of Nelson Improvement and Development Corporation; thence along aforementioned lands, one hundred eighty -five and forty hundredths feet to a point on the southern side of Carlisle Pike; thence north eighty -six degrees fifty -two minutes east along aforementioned Carlisle Pike, one hundred feet to a point, the PLACE OF BEGINNING. BEING the same premises which S & F Investments, a Pennsylvania general partnership, by its Deed, dated September 24, 2003, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 259, Page 4681, granted and conveyed to Eugene T. Wertz and Ruth M. Wertz, husband and wife, as tenants in common and not as tenants by entireties. BEING further identified as Tax Parcel No. 10 -21- 0279 -041. EXHIBIT "B" gar 27 13 11:01 a WROZIWKZF 717- 6972679 p.2 eZ Marts, LLC Phone: 408- 832 -7559 P o Bx 71 Email: Ja:;1;r :IZC; - y;zlwi +.cixii Camp Hill, Pa 17011 eZ Marts Handy Markets Dec 1 Dec 1. 2010 To: Gene Wertz / Wertz Rentals Re: Lease opportunity at 4700 pt3- Dear Mr Wertz: � r7 iR - t - C �jL �{ { {�- /�-f C C= ( Thank you for taking the time and speaking to us regarding the lease opportunity at your property located at 4700 Market Street in Camp Hill. As you already know that our intended use of this space will be to develop into a convenience store/tobacco outlet. We propose the following terms for a lease agreement: I. Use - The Leased Premises may be occupied and used by Tenant exclusively as a convenience store /tobacco outlet. 2. Licenses - It shall be the Tenant's responsibility to obtain any and all necessary licenses and the Landlord shall bear no responsibility 3. The initial term of the lease will be a minimum of 10 years with additional two 5 -year options to renew Initial term - Jan 1, 2011 - Jan 1, 2021 Ist Option - Jan 1, 2021 - Jan 1, 2026. ' °d Option - Jan 1, 2026 - Jan 1, 2031 * are asking for the initial term to start on January 1, 2011 due to the Holiday schedule. This is the only time we spend with our families during the season and all partners take time off so it becomes almost impossible for us to start developing new location during this period. Nevertheless, we might ask to be allowed to get into premises from time to time in order to get measurements and make rough planograrns if schedule permits_ I hope you will understand our situation_ 4. The tenant, will be allowed a rent free period for a total of 120 days to prepare the facility for operation/ to make alterations and to get proper licensing and permits. Monthly rent will start on May 1, 2011. 5. Tenant will reserve the first right of first refusal to buy if property is put on market during the tenancy. 6. Assignment and Subletting- Tenant shall have the absolute right to transfer and assign this lease or to sublet all or any portion of the Leased Premises 7. Real Estate Taxes - Tenant will not be responsible for any Property related taxes..i.e. real estate / school 8. Utilities- Tenant shall pay for all water, sanitation, sewer, electricity, light, heat, gas, power, fuel, janitorial incident to Tenant's use of the Leased Premises 9. Per our verbal agreement $3200 per month is agreeable. We offer a security deposit of $3200. The initial security deposit and first month rent payments will be paid according to the following schedule: $2000 - Day the lease is signed and finalized $1200 - January 1, 2011 $1600 - March 1. 2011 $1600 - May I , 2011 $6400 - covers security deposit $3200 and first month rent of S3200 tar 27 13 11:01 a WROZNVKZF 717- 6972679 p.3 eZ Marts, LLC Phone: 408 - 832 -7559 P O Bx 71 Email:.i:asj,r; ct r'v411tut .cix ?t Camp Hill, Pa 17011 eZ Marts Handy Markets Tenant will continue to pay $3200 /month due on 3 day of each month starting June 1, 2011 onwards thru the end of lease• period. Please let us know if we have an agreement to the conditions above and we can move forward. Thank You Ja eet Kaur Acceptance of lease: I, Gene Wertz�.ow'ner of Wertz Rentals, accept xhe terms and conditions above and a2 ee to lease the premises described above to 1:' / U Landlord —Print Name Sign i Date T ant Date EXHIBIT "C' JERRY R. DUFFIE ELIZABETH D. SNOVER RICHARD W. STEWART CAROLYN B. MCCLAIN EDMUND G. MYERS L A W O F F I C E S JOHN A. LUCY DAVID W. DELUGE lr T T(� T ULYSSES S. WILSON JOHN A. STATLER O \' J O�\ ! JULIA A. PHILLIPS JEFFREY B. RETTIG v v MATTHEW RIDLEY MARK C. DUFFIE D U FFIE BARRIE B. GEHRLEIN JOHN R. NINOSKY MICHAEL J. CASSIDY OF COUNSEL MELISSA P. GREEVY HORACE A. JOHNSON WADE D. MANLEY C. ROY WEIDNER, JR. CONSTANCE P. BRUNT \h%lZ[Tmfs EKT. NU.289 NIAJI., mcd;%:idsw.com 9171 9690 0935 0033 0692 17 April 11 2013 Via Certified Mail (not restricted) and Via Certified Mail (not restricted) and First Class Mail: First Class Mail: Jaspreet Kaur Jaspreet Kaur t/a EZ Marts t/a EZ Marts 4700 Carlisle Pike 4740 Maple Shade Drive Mechanicsburg, PA 17050 Harrisburg, PA 17110 Vi" - - _ Rnftii- Jaspreet Kau 171 9690 0935 003 0692 24 eZ Marts, LLC P.O. Box 71 Camp Hill, PA 17011 RE: Lease - 4700 Carlisle Pike, Mechanicsburg, PA 17050 Dear Mrs. Kaur: Please be advised that our offices have been retained to represent the interests of Eugene Wertz t/a Wertz Rentals and his property located at 4700 Carlisle Pike, Mechanicsburg, PA 17050. Our client has advised that you have failed to make full rent payments for the months of December, 2012 and January, February, March and April of 2013. Our records indicate that you made a payment of $1,500.00 in December and $1,700.00 for each of the first four (4) months of 2013. Your failure to pay rent in full is in breach of the terms of the Lease Agreement, dated December 1, 2010. Please consider this correspondence a notice of default, demand for payment and termination of the Lease. Please forward $7,700.00 representing your rent deficiencies for the prior five (5) months within five (5) business days of the date of this letter. In addition, my client will expect- the -full- rent -- payment of- $3200,-00 -in -May 201 -3 -as -set forth -in -the -L -ease— - - - - -- 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043 -0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL @JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Jaspreet Kaur April 11, 2013 Page 2 Your failure to make these payments will initiate immediate action under the Pennsylvania Landlord/Tenant Act of 1951. If you have any questions pertaining to this correspondence, feel free to contact my offices. Very truly yours, JO�N ; FFIE, STEWART & WEIDNER Mark C. Duff ie gjm:549002 cc: Robert Wertz UNIT D WES POSIMAL SERVICE. Date: 04/15/2013 GAIL MAHONEY: The following is in response to your 04/15/2013 request for delivery information on your Certified Mail(TM) item number 7196 9009 3500 3306 9217. The delivery record shows that this item was delivered on 04/12/2013 at 12:44 PM in MECHANICSBURG, PA 17050. The scanned image of the recipient information is provided below. Signature of Recipient: r Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service r VERIFICATION I, Mark C. Duffie, attorney for Eugene T. Wertz, hereby certify that the matters asserted herein constitute matters of record, legal arguments and matters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. §4904. i Mark C. Duffie Date: X31 t� SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff at ell lnti"F "Nit PROTJJCN'OTARi Jody S Smith W„ Chief Deputy a 2413 MAY 30 Ne I I Richard W Stewart '* Solicitor OFF CEOFT14F$ UPJPF. CUMBEKAND C(IUNTY PENNSYLVANIA Eugene T Wertz Case Number vs. Jaspreet Kaur t/a eZ Marts Handy Markets 2013-2763 SHERIFF'S RETURN OF SERVICE 05/20/2013 12:00 PM- Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Ahmad Amed, Store Assistant, . who accepted as"Adult Person in Charge"for Jaspreet Kaur t/a eZ Marts Handy Markets at 4700 Carlisle Pike, Hampden Township, Mechanicsburg, PA 17050. LIAM CLINE, DEPUTY SHERIFF COST: $39.76 SO ANSWERS, May 24, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. EUGENE T.WERTZ : IN THE COURT OF COMMON PLEAS 3412 Lisburn Road : CUMBERLAND COUNTY, PENNSYLVANIA Mechanicsburg, Pennsylvania 17055, Plaintiff : NO 13-2763 CIVIL v. : CIVIL ACTION—IN EJECTMENT JASPREET KAUR .. r rrt-`� t/a eZ Marts Handy Markets • 4700 Carlisle Pike • -0•:" - —ate Mechanicsburg, Pennsylvania 17050 -)c) . PRELIMINARY OBJECTIONS TO COMPLAINT IN EJECTMENT _f t�) 7,a AND NOW,comes Jaspreet Kaur,t/a eZ Marts Handy Markets (hereinafter, "eZ Marts Handy Markets"), by her attorney,John M. Kerr, Esquire and John Kerr Law, P.C., pursuant to Rule 1028 of the Pennsylvania Rules of Civil Procedure, and files the within Preliminary Objections,the nature of which are as follows: BACKGROUND 1. On May 16, 2013, Plaintiff Eugene T.Wertz filed a Complaint in Ejectment (see,copy appended to these Objections as Exhibit"A"). 2. In fact,the Plaintiff, Eugene T.Wertz, had passed away five days before the Complaint in Ejectment had been filed (see,obituary appended to these Objections as Exhibit"B"). 3. The Verification appended to the Complaint was signed by Plaintiff's counsel without any suggestion that Plaintiff had passed away. PRELIMINARY OBJECTIONS ° ,PC I Preliminary Objection—Failure of Pleading To Conform To Law or Rule of Court 5020 Ritter Road Sutte 104 Mechanicsburg,PA 17055 Biome: 717.766.4008 4. Rule 1028(a)(2) of the Pennsylvania Rules of Civil Procedure authorizes preliminary FAx: 717.766.4066 objections for"failure of a pleading to conform to law or rule of court..." 5. Rule 2355 of the Pennsylvania Rules of Civil Procedure provide in relevant part: • Notice of a Death of a Party. Substitution of Personal Representative (a) If a named party dies after commencement of an action,the attorney of record for the deceased party shall file a notice of death with the prothonotary.The procedure to substitute the personal representative of the deceased party shall be in accordance with Rule 2352. 6. Rule 2352 of the Pennsylvania Rules of Civil Procedure, relating to the substitution of successor, states in pertinent part: (a) The successor may become a party to a pending action by filing of record a statement of the material facts on which the right to substitution is based. 7. Rule 1024 of the Pennsylvania Rules of Civil Procedure requires that every pleading containing an averment of fact be verified by one or more of the parties filing the pleading except if the parties lack personal knowledge or are outside the jurisdiction of the court. Neither of these exceptions applied and there was no basis under the rule for counsel to sign said Verification. 8. Plaintiff's counsel has failed to comply with these rules of court. WHEREFORE, it is requested that the Complaint be dismissed for failure to conform to law or rule of court. II. Preliminary Objection—Lack of Capacity to Sue or Non-Joinder of a Necessary Party 9. The averments set forth at paragraphs 1-3 above are incorporated by reference,as if fully set forth in their entirety. 10. As set forth above,the Plaintiff was deceased prior to the filing of the Complaint. 11. As such,the personal representative was the only individual empowered to bring this yohnrerr j.aw,PC action.5020 Ritter Road Suite 104 Mechanicsburg,PA 17055 PHONE: 717.766.4008 12. The Plaintiff identified in this Complaint was not the personal representative. Fax: 717.766.4066 WHEREFORE, it is requested that the Complaint be dismissed for failure of the action to be initiated by the personal representative of the deceased plaintiff. III. Preliminary Objection-Demurrer 13. Rule 1028(a)(4)of the Pennsylvania Rules of Civil Procedure authorizes a preliminary objection based upon the legal insufficiency of a pleading. 14. The purported lease appended as Exhibit"B"to the Complaint does not contain a default or condition of breach provision.There are no remedies specified for non-payment of rent. WHEREFORE, it is requested that the Complaint be dismissed for failure to state a cause of action for which relief may be granted. IV. Preliminary Objection—Pendency of a Prior Action. 15. Rule 1028(a)(6) of the Pennsylvania Rules of Civil Procedure authorizes a preliminary objection where there is a prior pending action. 16. There is presently pending a Recovery of Real Property Complaint before Senior Magisterial District Judge Paula Correal, docketed at MJ-09304-LT-0000078-2013, requesting essentially the same relief as this Complaint in Ejectment. WHEREFORE, it is requested that the Complaint be dismissed based upon the pendency of a prior action. Respectfully submitted, 9../ , , 4 Jo/n M. Kerr, Esquire you y rr.4ti.PC Attorney I.D.#26414 5020 Ritter Road Suite 104 John Kerr Law, P.C. Mechanicsburg,PA 17055 PHONE: 717.766.4008 5020 Ritter Road FAX: 717.766.4066 Suite 104 Mechanicsburg, PA 17055 (717)766-4008 Dated:June 13, 2013 • Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie �>c—'. I.D. No. 75906 Attorneys for Plaintiff r 301 Market Street P. O. Box 109 " " 'r Lemoyne, Pennsylvania 17043-0109 —� (717) 761-4540 EUGENE T. WERTZ • IN THE COURT OF COMMON PLEAS OF 3412 Lisburn Road • CUMBERLAND COUNTY, PENNSY VANIA Mechanicsburg, Pennsylvania 17055, • _ n NO. .)� S • Plaintiff v. CIVIL ACTION — IN EJECTMENT • JASPREET KAUR • t/a eZ Marts Handy Markets • 4700 Carlisle Pike • Mechanicsburg, Pennsylvania 17050, • Defendants NOTICE TO DEFEND To the Defendants: You have been sued in court. If you wish to defend against the claims set forth in the 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 the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. Cumberland County Bar Association Lawyer Referral and Information Service 32 South Bedford St. Carlisle, PA 17013 Telephone (717) 249-3166 Toll Free (800) 990-9108 TRUE COPY FROM RECO9.) In Testirnonv whereof; I here unto set: Pm hand and the seal of said Cou at Carlisle, Pa. This � ay of Ma/ ,20 3 Prothonotary EXHIBIT A a. n AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en as siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en Ia Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por Ia Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association Lawyer Referral and Information Service 32 South Bedford St. Carlisle, PA 17013 Telephone (717) 249-3166 Toll Free (800) 990-9108 • • Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 EUGENE T. WERTZ IN THE COURT OF COMMON PLEAS OF 3412 Lisburn Road : CUMBERLAND COUNTY, PENNSYLVANIA Mechanicsburg, Pennsylvania 17055, • NO. • Plaintiff v. CIVIL ACTION — IN EJECTMENT • JASPREET KAUR • t/a eZ Marts Handy Markets • 4700 Carlisle Pike • Mechanicsburg, Pennsylvania 17050, Defendants COMPLAINT AND NOW, this day of May, 2013, comes the Plaintiff, EUGENE T. WERTZ, by and through his undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint, and in support thereof avers as follows: 1. Plaintiff EUGENE T. WERTZ ("Wertz") is an adult individual with an address of 3412 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant JASPREET KAUR, t/a eZ Marts Handy Markets ("Kaur"), is an adult individual with a business address of 4700 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050. COUNT I EJECTMENT 3. Paragraphs one (1) and two (2) are incorporated herein as if fully set forth. 4. Plaintiff is the owner of certain improved real property located at 4700 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Property"). A true and correct copy of the legal description of the property is attached hereto, made a part hereof, and marked as Exhibit "A." 5. Kaur is currently in possession of the Property pursuant to a Lease Agreement dated December 2, 2012, by and between Wertz, as "Landlord", and Kaur, as "Tenant" (hereinafter referred to as the "Lease Agreement"). A true and correct copy of the Lease Agreement is attached hereto, made part hereof, and marked as Exhibit "B." 6. Pursuant to Paragraph 9 of the Lease Agreement, Kaur is required to make monthly rent installment payments of $3,200.00, commencing January 1, 2011, and on the first day of each month thereafter until January 1, 2021. 7. Kaur has failed to make monthly rent payments required under Paragraph 9 of the Lease Agreement for the months of December of 2012, January, February, March, April and May of 2013. Kaur paid $1,500.00 in December of 2012 and $1,700.00 for each of the first five (5) months of 2013. 8. Kaur is in default of the Lease Agreement for having failed to make the required payments as set forth above in Paragraph 6. 9. By letter dated April 11, 2013, Wertz gave notice to Kaur of her default of the Lease Agreement for failure to make required payments required thereunder. Said letter constitutes a forfeiture of the Lease Agreement and a termination of Lease Agreement as provided therein. A copy of the aforementioned notice of default is attached hereto, made part hereof, and marked Exhibit "C." 2 10. Said letter, dated April 11, 2013, notified Kaur that both the Lease Agreement and Kaur's right of possession of the Property were terminated. 11. Kaur has failed to surrender possession of the Property. WHEREFORE, Wertz respectfully requests this Honorable Court to enter judgment in his favor and against Kaur for possession of the property located at 4700 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, and direct Kaur to vacate said premises immediately. COUNT H DAMAGES 12. Paragraphs one (1) and eleven (11) are incorporated herein as if fully set forth. 13. As a result of the items of default as set forth in detail in this Complaint, Wertz claims damages in the amount of $9,200.00, plus interest as follows: December, 2012 rent deficiency: $1,700.00 January, 2013 rent deficiency: $1,500.00 February, 2013 rent deficiency: $1,500.00 March, 2013 rent deficiency: $1,500.00 April, 2013 rent deficiency: $1,500.00 May, 2013 rent deficiency: $1,500.00 Total $9,200.00 14. Wertz claims damages for Kaur's unlawful retention of the Property in an amount equal to the deficiency in rental payments as provided in the Lease Agreement. [THIS SPACE LEFT INTENTIONALLY BLANK] 3 WHEREFORE, Wertz respectfully requests this Honorable Court to enter judgment against Kaur in the amount of $9,200.00 plus Court costs and interest in an amount to be determined at trial. Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER By: Mark C. Duffie Attorney L.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :556748 4 LEGAL DESCRIPTION OF THE PROPERTY ALL THAT CERTAIN lot or piece of ground situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described according to a survey made by William B. Whittock on June 17, 1963, as follows: ALL THAT CERTAIN piece or parcel of land off the Carlisle Pike (U.S. Route 11) and Hampden Avenue; thence south two degrees thirty-nine minutes east along the aforementioned Hampden Avenue, one hundred eighty-five and forty hundredths feet to a point at the northern line of Lot No. 30 on Plan of Clearview Farms, Section 2 and 3; thence south eighty-six degrees fifty-two minutes west along Lots Nos. 30 and 31, one hundred feet to a point at lands now or late of Nelson Improvement and Development Corporation; thence along aforementioned lands, one hundred eighty-five and forty hundredths feet to a point on the southern side of Carlisle Pike; thence north eighty-six degrees fifty-two minutes east along aforementioned Carlisle Pike, one hundred feet to a point, the PLACE OF BEGINNING. BEING the same premises which S & F Investments, a Pennsylvania general partnership, by its Deed, dated September 24, 2003, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 259, Page 4681, granted and conveyed to Eugene T. Wertz and Ruth M. Wertz, husband and wife, as tenants in common and not as tenants by entireties. BEING further identified as Tax Parcel No. 10-21-0279-041. • eL . .arts, LLC Phone: 408-832-7559 P 0 Bx 71 Email: laf-Tire iz 3:v:::ht.o.eoin Camp Hill, Pa 17011 eZ Marts Handy Markets Dec 1 Dec 1, 2010 To: Gene Wertz/Wertz Rentals Re: Lease opportunity at 4700 r , 1. Illl, F., G � Dear Mr Wertz: iR—L t. 5L (t t{�— �t,� C' 8�c> A Thank you for taking the time and speaking to us regarding the lease opportunity at your property located at 4700 Market Street in Camp Hill. As you already know that our intended use of this space will be to develop into a convenience store/tobacco outlet We propose the following terms for a lease agreement: 1. Use-The Leased Premises may be occupied and used by Tenant exclusively as a convenience store/tobacco outlet. 2. Licenses -It shall be the Tenant's responsibility to obtain any and all necessary licenses and the Landlord shall bear no responsibility 3. The initial term of the lease will be a minimum of 10 years with additional two 5-year options to renew Initial term—Jan 1,20]1—Jan 1,2021 Ist Option—Jan 1, 2021—Ian 1, 2026. 2°d Option—Jan 1,2026—Jan 1, 2031 ***We are asking for the initial term to start on January 1, 2011 due to the Holiday schedule. This is the only time we spend with our families during the season and all partners take time off so it becomes almost impossible for us to start developing new location during this period. Nevertheless, we might ask to be allowed to get into premises from time to time in order to get measurements and make rough planograms if schedule permits. I hope you will understand our situation. 4. The tenant will be allowed a rent free period for a total of 120 days to prepare the facility for operation/to make alterations and to get proper licensing and permits. Monthly rent will start on May 1,2011. 5. Tenant will reserve the first right of first refusal to buy if property is put on market during the tenancy. 6. Assignment and Subletting-Tenant shall have the absolute right to transfer and assign this lease or to sublet all or any portion of the Leased Premises 7. Real Estate Taxes-Tenant will not be responsible for any Property related taxes..i.e.real estate/school 8. Utilities-Tenant shall pay for all water, sanitation, sewer, electricity, Ight, heat,gas, power,fuel, janitorial incident to Tenant's use of the Leased Premises 9. Per our verbal agreement$3200 per month is agreeable. We offer a security deposit of$3200. The initial security deposit and first month rent payments will be paid according to the following, schedule: $2000—Day the lease is signed and finalized $1200—January 1, 2011 $1600—March 1,2011 $1600—May 1, 2011 $6400—covers security deposit$3200 and first month rent of S3200 • eZ h arts, LLC Phone: 408-832-7559 P 0 Bx 71 Entail: j a:z:piY":1:'.:' 'V:ah c'.L o n Camp Hi!!, Pa 17011 eZ Marts. Handy Markets Tenant will continue to pay$3200/month due on 3rd day of each month starting June 1, 2011 onwards thru the end of lease period. Please let us know if we have an a-eement to the conditions above and we can move forward. Thank You Ja eet Kam.' Acceptance of Lease: I, Gene Wer- owner of Wertz Rentals,accept�he terms and conditions above and aepee to lease the premises described above to / t/ Landlord—Print Name Sign v/ Date --�L%"45-2!-•�� / IL/ i Tyrant Date jollg-rE frYiLtr-N • EXHIBIT "C" -.•JERRY R.DUFFIE ELIZABETH D.SHOVER RICHARD W. STEWART CAROLYN B.MCCLAIN EDMUND G.MYERS L A W O F F I C E S JOHN A.LUCY JOH\SON JULIA A.PHILLIPS JEFFREY B.RETTIG MATTHEW RIDLEY MARK C.DUFFIE J Tt F IE BARRIE B.GEHRLEIN JOHN R.NINOSKY MICHAEL J.CASSIDY OF COUNSEL MELISSA P.GREEVY HORACE A.JOHNSON WADED.MANLEY C.ROY WEIDNER,JR CONSTANCE P.BRUNT • • WRrrEI{'S EST.No.289 E-MAIL mcdt«jdsw.com • 9171 9690 0935 0033 0692 17 April 11, 2013 • Via Certified Mail (not restricted) and Via Certified Mail(not restricted) and First Class Mail: First Class Mail: Jaspreet Kaur Jaspreet Kaur t/a EZ Marts t/a EZ Marts 4700 Carlisle Pike 4740 Maple Shade Drive • Mechanicsburg, PA 17050 Harrisburg, PA 17110 Vi; - - _ Kell• Jaspreet Kaur 9690 0935 0033 0692 24 eZ Marts, LLC P.O. Box 71 Camp Hill, PA 17011 RE: Lease -4700 Carlisle Pike, Mechanicsburg, PA 17050 Dear Mrs. Kaur: Please be advised that our offices have been retained to represent the interests of Eugene Wertz t/a Wertz Rentals and his property located at 4700 Carlisle Pike, Mechanicsburg, PA 17050. Our client has advised that you have failed to make full rent payments for the months of December, 2012 and January, February, March and April of 2013. Our records indicate that you made a payment of$1,500.00 in December and $1,700.00 for each of the first four(4) months of 2013. Your failure to pay rent in full is in breach of the terms of the Lease Agreement, dated December 1, 2010. Please consider this correspondence a notice of default, demand for payment and termination of the Lease. Please forward $7,700.00 representing your rent deficiencies for the prior five (5) months within five (5) business days of the date of this letter. In addition, my client will _____-_expect..the_full.._rent payment-of..$3,-200,-00-in--May,-2013-as-set forth-in-the-Lease-------------------- 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. Jaspreet Kaur April 11, 2013 Page 2 Your failure to make these payments will initiate immediate action under the Pennsylvania Landlord/Tenant Act of 1951. If you have any questions pertaining to this correspondence, feel free to contact my offices. Very truly yours, JOHNS FFIE, STEWART &WEIDNER Mark C. Duffle gjm:549002 cc: Robert Wertz • UNITED STATE POSTAL SERVICE Date: 04/15/2013 GAIL MAHONEY: The following is in response to your 04/15/2013 request for delivery information on your Certified Mail(TM) item number 7196 9009 3500 3306 9217. The delivery record shows that this item was delivered on 04/12/2013 at 12:44 PM in MECHANICSBURG, PA 17050. The scanned image of the recipient information is provided below. ---------_. „may a•csori . ���� . Signature of Recipient: ►--- Address of Recipient: n 1 ;�! ! .r Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service VERIFICATION I, Mark C. Duffie, attorney for Eugene T. Wertz, hereby certify that the matters asserted herein constitute matters of record, legal arguments and matters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. §4904. Mark C. Duffle Date: C113113 COMMONWEALTH OF PENNSYLVE L )LORD AND COUNTY OF: Cumberland TENANT COMPLAINT • Magisterial District Number. 09-3-04 PLAINTIFF: NAME and ADDRESS Eugene T. Wertz MDJ Name:Hon. Paula P. Correal 3412 Lisburn Road Address: 5275 East Trindle Road, Suite 110 Mechanicsburg, PA 17055 Mechanicsburg, PA 17050 L_ Telephone: (717 697-2201 VS. DEFENDANT: NAME and ADDRESS Amount Date Paid r Jaspreet Kaur Filing Costs $ f t}L.5 O t/a eZ Mart Handy Markets Postage $ / / Service Costs $ a,t / / 4700 Carlisle Pike Constable Ed. $ r,, 0 0 / / Mechanicsburg, PA 17050 Total $ l 5451. II '1 S i I 1 / t • Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by Docket No.: cT--I 8-I 3 *43 • the prevailing party. Date Filed: 5-t 7-t 3 .4 ' TO THEDEFENDANT:The above named plaintiff(s)asks judgment together with costs against you for the possession of real property and for: Lease is❑ Residential M Nonresidential. • Damages for injury to the real property,to wit: in the amount of: $ O Damages for the unjust detention of the real property in the amount of $ • Rent remaining due and unpaid on filing date in the amount of $ 9,inn-nn And additional rent remaining due and unpaid on hearing date $ Attorney fees in the amount of $ Total: $ THE PLAINTIFF FURTHER ALLEGES THAT: 1. The location and address,if any,of the real property is 4700 Carlisle Pike, Mechanicsburg, PA 17050 2. The plaintiff is the landlord of that property. 3. He leased or rented the property to you or to under whom you claim. 4. ® Notice to quit was given in accordance with law,or ❑ No notice is required under the terms of the lease. 5. ❑ The term for which the property was leased or rented is fully ended,or A forfeiture has resulted by reason of a breach of the conditions of the lease,to wit: Failure tO pay rent ® Rent reserved and due has,upon demand,remained unsatisfied. 6. You retain the real property and refuse to give up its possession. Mark C. Duffie Counsel for Plaintiffverify that the facts set forth in this complaint are true and correct to the best of my knowledge,intormation and beliiet. I his statement is made subject to the penalties of Section 4904 of the Crimes Cod .C.S.§4904) relating to unswom falsification to authorities. (S griaturlree of PI •nt , Counsel The plaintiffs attorney shall file an entry of appearance with the magisterial district court pursuant to Pa.R.C.P.M.D.J.207.1. IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises,which is in the magisterial district judge jurisdiction and which you intend to assert at the hearing,YOU MUST FILE it on a complaint form at this office BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING,a judgment for possession and costs,and for damages and rent if claimed,may nevertheless be entered against you. A judgment against you for possession may result in your EVICTION from the premises. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services,please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. Remarks and Summary of Testimony May be Recorded on Reierse Side. AOPC 310A-11 COMMONWEALTH OF PENNSYLVH.+IA _ Recovery of Real Property Hearing c.OUNTY OF CUMBERLAND 41 �:. Notice Mag. Dist. No: MDJ-09-3-04 Eugene T Wertz MDJ Name: Honorable Paula P. Correal v. Address: 5275 East Trindle Road Jaspreet Kaur t/a eZ Mart Handy Markets Suite 110 Mechanicsburg,PA 17050 Telephone: 717-697-2201 Jaspreet Kaur t/a eZ Mart Handy Markets Docket No: MJ-09304-LT-0000078-2013 4700 Carlisle Pike Case Filed: 5/17/2013 Mechanicsburg, PA 17050 A Recovery of Real Property Hearing has been scheduled for the above captioned case to be held on/at: Date:Tuesday, May 28,2013 Place: Magisterial District Court 09-3-04 5275 East Trindle Road Suite 110 Time: 9:30 AM Mechanicsburg, PA 17050 717-697-2201 Notice To Defendant A landlord/tenant complaint has been filed against you for the recovery of possession of real property, and or money and damages associated with the above captioned case. If you have a defense to this complaint,you may present it at the hearing. If you have a claim against the plaintiff arising out of the occupancy of the premises,which is within the jurisidiction of the magisterial district judge and which you intend to assert at the hearing,you must file it on a complaint form at this office before the time set for the hearing. If you do not appear at the hearing,a judgment for possession and costs,and for damages and rent if claimed,may nevertheless be entered against you. A judgment against you for possession may result in your eviction from the premises. -L May 17,2013 '`- J"" f`r '. • Date Senior Magisterial District Judge Paula P.Correal ' If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. You can make case payments online through Pennsylvania's Unified Judicial System web portal. Visit the portal at httpi/ujsportal.pacourts.us to make a payment. MDJS 308 1 Printed:05/17/2013 7:32:31AM 1 ugene Theodore Wertz Obituary: View Eugene Wertz's Obituary by Pa... http://obits.pennlive.com/obituaries/pennlive/obituary.aspx?pidw 1647... /14C(13,..,9/4Z8Lisfedett dr Mlnffia fef rdretnilt<y#11e a4a6ruaiieetabzsesa K> 7a) NEWS(ITI P://WWW.PINNLIVECOM/NEWS/) OPINION(ErrrP://WWW.PENNLIVE.COM/OPINION/ it illI tip PA TRIPS st TRAIN penntive.0 Om SPORTS(Nr1'://WWW.PENNIIVGCXM/SPORTS/) I IS.SPORTS(HTIP://11IGIISCIIX)SPORTS.PENNIlatiR) s. /RealMedia/ads/click Ix.a ds E NTT:RTAINMINT(ITrIP://WWW.PENNIIVI?(X)M/ENITERTAINMENT/) I.IVING(ITr1P://WWW.PE.NNLIVVE COM/1IV1S\IGA www. . nn Iv ,. orn/thi[dparty.. JOBS(HTTP://WWW.PENNLIVE.COM/JOBS/) AUTOS(IITTP://AUTOS.PENNLIVE.COM/) REAL ESTATE(HrTP://REALESTATE.PFNNLIVE.CMge`yl'i'Lh3)4f2859F0226 RENTALS(iitIi://REALESTATE.PENNLIVE.COM/FOR-RENT/) CLASSIFIEDS(HTrP://CLASSIFIEDS.PENNLIVE.COM/) /SiteSponsor/PENNLIVE OBITUARIES(HTTP://OBITS.PENNLIVE.COM/OBITUARIES/PENNLIVE/) FIND N SAVE(HTTP://FINDNSAVE.PENNLIVE.COM/) /AMTRAKIO_PN_ROS_SiteSpon LOCAL BUSINESSES(HTTP://BUSINESSFINDER,PENNLIVE,COM/PA-HARRISBURG) /thk202918.html _..._ .. ..__..... .. ., ._...... ...... ._.._.. ....... .._.-.._....... _.__......... ......._•..., .. •__.._._._.._ .__.-.... ............_./F7ZRQRRrAoRrAT2F4r1'3C.A FA9A77S Resources Newspaper Archive to 1690 File for SSt Disability Sympathy Baskets Find Death Certificates Eugene Theodore Wertz Obituary Guest Book Search Obituaries&Guest Books Eugene Theodore Wertz, 90, of "My sincere condolences to the You are searching ALtf.diiaI'Xiiw Mechanicsburg died in his sleep Jitunily.Gene teas 11 good..." By person By town YR, peacefully at home surrounded by family winter'miller if, on Saturday morning, May 11, 2013. First Name Last Name ' Born in Lebanon County on July 10, r. ; 1922, Gene was the second son of Keyword Past 2 weeks 1 Joseph David Wertz and Bertha Agnes Vi!•w Milli • 4,. t Becker Wertz. His older brother, Witham, preceded him in death in 1999 Powered by Legacy.com at the age of 78. Gene is survived by his loving and devoted wife of 61 years, Ruth Margaret Hertz Wertz; son William Henry of Baltimore, Maryland; daughter, Julia Kathryn Sandnes and husband, Mark,of New Cumberland;son Robert Eugene ADVERTISEMFNr- Wertz and wife,Beverly of Mechanicsburg;grandchildren Emily Meagan Wertz of Tacoma Park, MD; Chelsea Elizabeth Wertz Richardson and husband, Nathan, of Mechanicsburg; Spencer AuChty: Anthony VanGorder of Mechanicsburg; Ella Sophia Sandnes of New Cumberland;and Grayson Henry Wertz of Mechanicsburg. Asked recently about what he did for a living Gene replied, "I sold throw rugs and soft pretzels." True, and he could have added numerous additional entrepreneurial endeavors along the way, but Gene Wertz is best known for founding Wertz Business Equipment, a primary provider of cash registers and all sorts of office machines for decades in Central Pennsylvania and beyond. Gene was a devoted member of Pleasant Hills Christian Church, where he served many terms as a board member, exercising his gift of administration in ministry to the church.Another gift that shone through Gene and Ruth is that of hospitality,hosting many events and visitors,some passing through and others who lived for months or even years in their guest quarters. Gene was once dubbed"GenePa"by one of the young children who lived in the Wertz home, a fitting name that stuck and has been used subsequently by others. Having come from far less than ideal childhood circumstances, like many from"the greatest generation", Gene chose to pull himself up by his bootstraps and focus -ADVERTISEMENT- on solutions rather than indulge in self pity and excuse making. He will be remembered and missed for his sense of humor and turn of phrase, for being a devoted and dependable husband, father, grandfather, friend, business man and church member.A Celebration of Life service will be held at Faith Presbyterian Church, 1801 Colonial Road, Harrisburg at 3:00 p.m. on Saturday, May 18th,2013. Burial will be private. In lieu of flowers memorial contributions to Hospice of Central PA are encouraged. Dailey Funeral Home is honored to serve the Wertz family.Please sign the guest book on r't',:ra Ive rt,nJ■iL„•,. Published in Patriot-News on May 14,2013 EXHIBIT B 6/13/2013 10:14 AM CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Preliminary Objections to Complaint in Ejectment," on the below named individual in the manner indicated: VIA ELECTRONIC TRANSMISSION Mark C. Duffie, Esquire Johnson, Duffie, Stewart&Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 • l / 1,41„, John . Kerr. Esquire 50 0 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717)766-4008 Dated:June 13, 2013 yohn 5020 Ritter Road Suite 104 Mechanicsburg,PA 17055 PHor4E: 717.766.4008 Fm: 717.766.4066 5 C's c_ rra rte-- Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie -< I.D. No. 75906 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 RUTH M. WERTZ and THE ESTATE OF EUGENE : IN THE COURT OF COMMON PLEAS OF T. WERTZ : CUMBERLAND COUNTY, PENNSYLVANIA 3412 Lisburn Road • Mechanicsburg, Pennsylvania 17055, • NO. 13-2763 • Plaintiff • CIVIL ACTION—IN EJECTMENT v. JASPREET KAUR • t/a eZ Marts Handy Markets • 4700 Carlisle Pike • Mechanicsburg, Pennsylvania 17050, • Defendants NOTICE TO DEFEND To the Defendants: You have been sued in court. If you wish to defend against the claims set forth in the 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 the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. Cumberland County Bar Association Lawyer Referral and Information Service 32 South Bedford St. Carlisle, PA 17013 Telephone (717) 249-3166 Toll Free (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de Ia notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en Ia Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acciOn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en Ia demanda o cualquier otra reclamaciOn o remedio solicitado por el demandante puede ser dictado en contra suya por Ia Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association Lawyer Referral and Information Service 32 South Bedford St. Carlisle, PA 17013 Telephone (717) 249-3166 Toll Free (800) 990-9108 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 RUTH M. WERTZ, individually and RUTH M. : IN THE COURT OF COMMON PLEAS OF WERTZ, EXECUTRIX of the Will of Eugene T. : CUMBERLAND COUNTY, PENNSYLVANIA Wertz, 3412 Lisburn Road NO. 13-2763 • Mechanicsburg, Pennsylvania 17055, • CIVIL ACTION—IN EJECTMENT Plaintiffs • v. • JASPREET KAUR • t/a eZ Marts Handy Markets • 4700 Carlisle Pike Mechanicsburg, Pennsylvania 17050, Defendants AMENDED COMPLAINT AND NOW, this 3rd day of July, 2013, comes the Plaintiff, RUTH M. WERTZ, individually, and RUTH M. WERTZ, EXECUTRIX of the Will of Eugene T. Wertz, by and through the undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and file this Amended Complaint, and in support thereof avers as follows: 1. Plaintiff Ruth M. Wertz ("Ms. Wertz") is an adult individual with an address of 3412 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 and the widow of Eugene T. Wertz (Mr. Wertz). 2. Ruth M. Wertz is the named Executrix of the Will of Eugene T. Wertz. A copy of the Last Will and Testament of Eugene T. Wertz, is attached as Exhibit A. 3. Ruth M. Wertz is in the process of probating the Will of Eugene Wertz in Cumberland County, and will be named the Executrix of the Estate of Eugene Wertz. 4. Defendant Jaspreet Kaur, t/a eZ Marts Handy Markets ("Kaur"), is an adult individual with a business address of 4700 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050. 5. Mr. and Mrs. Wertz owned certain improved real property located at 4700 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Property") as tenants-in-common. A true and correct copy of the legal description of the property is attached hereto, made a part hereof, and marked as Exhibit B. 6. Mr. Wertz died on May 11, 2013. COUNT I EJECTMENT 7. Paragraphs one (1) through six (6) are incorporated herein as if fully set forth. 8. Plaintiff Ruth Wertz is the only beneficiary under the Will of Eugene Wertz and will be the fee simple owner of the Property immediately following administration of the Estate. 9. Kaur is currently in possession of the Property pursuant to a Lease Agreement dated December 2, 2012, by and between the late Mr. Wertz, as "Landlord", and Kaur, as "Tenant" (hereinafter referred to as the "Lease Agreement"). A true and correct copy of the Lease Agreement is attached hereto, made part hereof, and marked as Exhibit C. 10. Pursuant to Paragraph 9 of the Lease Agreement, Kaur is required to make monthly rent installment payments of $3,200.00, commencing January 1, 2011, and on the first day of each month thereafter until January 1, 2021. 11. Kaur had failed to make monthly rent payments required under Paragraph 9 of the Lease Agreement for the months of December of 2012, January, February, March, April and May of 2013. Kaur paid $1,500.00 in December of 2012 and $1,700.00 for each of the first five (5) months of 2013. 12. Kaur was in default of the Lease Agreement for having failed to make the required payments as set forth above in Paragraph 10. 13. By letter dated April 11, 2013, Mr. Wertz gave notice to Kaur of her default of the Lease Agreement for failure to make required payments required thereunder. Said letter constitutes a forfeiture of the Lease Agreement and a termination of Lease Agreement as provided therein. A copy of the aforementioned notice of default is attached hereto, made part hereof, and marked Exhibit D. 14. Said letter, dated April 11, 2013, notified Kaur that both the Lease Agreement and Kaur's right of possession of the Property were terminated. 15. Kaur has failed to surrender possession of the Property. 16. Defendant, after Mr. Wertz passed, produced a lease which was allegedly signed by Mr. Wertz and provided a reduced rent structure. 17. The aforementioned lease was not executed by Mr. Wertz or anyone acting on his behalf and was in fact forged. WHEREFORE, Plaintiffs respectfully requests this Honorable Court to enter judgment in their favor and against Kaur for possession of the property located at 4700 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, and direct Kaur to vacate said premises immediately. [THIS SPACE LEFT INTENTIONALLY BLANK] Respectfully submitted, JOHNSON, DUFFIE, STEW' ° &WEIDNER By: 1.ark C. Duffie Attorney I.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :567437 VERIFICATION I, Mark C. Duffie, attorney for Ruth M. Wertz, individually and Ruth M. Wertz, Executrix of the Will of Eugene T. Wertz, hereby certify that the matters asserted herein constitute matters of record, legal arguments and matters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. §4904. Mark C. Duffie Date: ? 31,5 EXHIBIT "A" LAST WILL AND TESTAMENT OF EUGENE T. WERTZ I, EUGENE T. WERTZ, of 3412 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania (Mechanicsburg, PA 17055) , being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all Wills and Codicils at any time heretofore made by me. ITEM I - I hereby direct my hereinafter named Personal Representative to pay all of my just debts, funeral expenses, and estate and inheritance taxes as soon after my death as may be found convenient. I further direct that my Personal Representative pay all estate, inheritance and other death taxes as expenses of the administration of my estate with respect to property constituting my gross estate for death tax purposes, whether or not such property passes under this Will. ITEM II - I give and bequeath, to my wife, Ruth M. Wertz, any motor vehicles, household furnishings, personal effects and other tangible personal property that I own at the time of my death. Page One of Ten ITEM III - All the rest, residue and remainder of my estate whether real, personal or mixed, of whatsoever nature and kind and wheresoever situated, including any property over which I hold a power of appointment, I give, devise and bequeath to the trustee hereinafter named, IN TRUST, to hold the same for the purposes set forth below: A. I appoint Robert E. Wertz as Trustee. If he declines or is unable to serve then I appoint Julia K. Sandnes as Trustee. B. The Trustee shall pay the net income to my wife, Ruth M. Wertz, during her lifetime and said payments shall be made at least quarter-annually and shall be made monthly if she should so request. C. The Trustee, in the Trustee ' s sole discretion, may invade the principal of this trust whenever, in the Trustee' s judgment, such invasions are necessary for the support, maintenance, well being and medical care of my wife in order to keep her in accordance with the standard of living established during my lifetime of the Trustor, after taking into consideration other resources available, including other sources of income and available public funds and grants. D. Upon the death of my wife, the Trustee shall distribute the entire trust fund, both principal and income, in equal shares to my children, Robert E. Wertz, Julia K. Sandnes and Page Two of Ten William H. Wertz, and the trust shall be terminated. If at that time any of my children shall be deceased and shall have left issue who are at that time living, the share of the trust estate to which such deceased child would otherwise have been entitled shall continue to be held by the Trustee for the benefit of the deceased child' s issue, per stirpes. Under such circumstances, the Trustee but shall be authorized, in the Trustee' s sole discretion, to apply income and principal of the trust account held for any such issue for the support, maintenance, medical care and education of the beneficiary entitled thereto after taking into consideration other revenues available to the beneficiary, including other sources of revenue, student loans and available public funds and grants. When such beneficiary shall have reached twenty-three (23) years of age, the trust for that beneficiary shall be terminated and the balance remaining therein shall be delivered to the beneficiary free of the trust. E. If at the death of my wife, any of my children shall have died and left no issue who are at that time living, the share of the trust estate to which such deceased child would otherwise have been entitled shall become part of the balance divided among my other children or their issue. F. In the event any beneficiary should die prior to the time set for distribution of the trust fund established for him Page Three of Ten or her, the Trustee pay part or all of his or her funeral expenses and the remaining principal and undistributed income shall be distributed to his or her then living issue, per stirpes. If any beneficiary should die without leaving issue surviving him or her, then the remaining principal or accumulated income shall be distributed among my then living issue, per stirpes. G. The Trrustee shall have the power, in the Trustee' s sole discretion, to terminate one or more of the trust funds created hereunder if, in the Trustee' s discretion, such funds have become so small as to be impractical to be further administered. Under such circumstances, the Trustee may, in the Trustee' s sole discretion, distribute the funds to the beneficiary then entitled to the income or, if the beneficiary is under the age of twenty-one (21) years, to a Custodian for him or her under the Pennsylvania Uniform Transfers to Minors Act (or similar act in any other state) . Trustee shall select the Custodian who may be the same as the Trustee. H. Notwithstanding any provision hereof to the contrary, if any trust hereunder created shall violate any applicable rule against perpetuities, accumulations or any similar rule or law, the Trustee is hereby directed to terminate such Trust on the date limited by such rule or law and there upon the property held Page Four of Ten in trust shall be distributed to the persons entitled to share therefrom. ITEM IV - In the event my wife, Ruth M. Wertz, should predecease me, then I give, devise and bequeath the residue of my estate to my children, Robert E. Wertz, Julia K. Sandnes and William H. Wertz, in equal shares. In the event any child should predecease me, I give the share of such deceased child to his or her issue, per stirpes; provided, however, that if any such issue should be under the age of twenty-three (23) years, then I give the share of such deceased child to the Trustee under the trust provisions referred to in Item III above. In the event any deceased child should die without issue surviving him or her, then the share of such deceased child shall be distributed among my other children or their issue. ITEM V -If any beneficiary under this Will should be under the age of twenty-one (21) years when he or she is entitled to distribution under this Will, then my Personal Representative or Trustee is authorized in my Personal Representative or Trustee' s sole discretion, to deliver such beneficiary' s share to a Custodian for him or her under the Pennsylvania Uniform Transfers to Minors Act (or similar Act in any other state) . My Personal Representative shall select the Custodian who may select himself or herself. Page Five of Ten ITEM VI - Any amounts, whether principal or income, which are payable to a beneficiary under this Will may, at the discretion of my Personal Representative or Trustee, be paid to the guardian of the person and/or property of such beneficiary, or directly to such beneficiary, or may be applied for the use or benefit of such beneficiary. The receipt of such amounts by the guardian or beneficiary, or evidence of the application of such amounts, shall be a full and complete discharge of my fiduciaries hereunder to the extent of such payment or application. ITEM VII - No interest of any beneficiary of my estate, either in income or principal, shall be subject to anticipation or to pledge, assignment, alienation, sale or transfer in any manner, or to attachment or claims of creditors while in the possession or control of my fiduciaries. ITEM VIII - In the event that any assets of my estate, by the terms of this my Will, are to become a part of any trust and if such assets will immediately distribute upon the receipt thereof by the Trustee, such assets may be distributed by the Personal Representative hereunder in exactly the same manner as provided in the involved trust without requiring that they pass through the said trust. Page Six of Ten ITEM IX - I appoint Ruth M. Wertz as Executrix of this my Last Will and Testament. If Ruth M. Wertz, should predecease me or otherwise be unable to serve, then I appoint Robert E. Wertz as Executor, but if he should also predecease me or otherwise be unable to serve then I appoint Julia K. Sandnes as Executrix. ITEM X - My Personal Representatives and Trustees named in this Will shall have the following powers in addition to those given by law: A. To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; B. To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; C. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; D. To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; Page Seven of Ten E. To engage in litigation and compromise, arbitrate or abandon claims; F. To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to macye reasonable determinations or current values; and G. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes without obligation to adjust the distributive share of income or principal of any person affected thereby; and H. To retain un-invested cash, in such amounts and for such period of time as the fiduciary shall deem advisable for the proper administration of the property. ITEM XI - I direct that my Personal Representatives and Trustees shall not be required to give bond for the faithful performance of their duties in any jurisdiction. Page Eight of Ten IN WITNESS WHEREOF, I have hereunto set my hand and seal this f r day of j/l.-4../ .4L- , 2001. //44;/--- \ EUGENE T. WERTZ :/,?'" Signed, sealed, published and declared by the above Testator, EUGENE T. WERTZ, as and for his Last Will and Testament, in our presence, who, at his request, in his presence and in the presence of each other, we believing him to be of sound mind and memory have hereunto subscribed our names as witnesses. �c"-` `� `�' o f d- / ' ' StT /74t4,14 £:, 7/0/ Alt j. . I of 1 _ _ Dior, C ).,S?L ►TR f -1//'; Page Nine of Ten COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss We, EUGENE T. WERTZ, Testator, Kent H. Patterson and Mary A. Deise , witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority, the Testator signed and executed the instrument as his Last Will and Testament and that he signed it willingly and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witnesses and that, to the best of their knowledge, the Testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue i e. /^ /�, '41gW5rT. WERTZ e )'T) J�° !—C.7 b Subscribed, sworn to and acknowledged before me by Eugene T. Wertz, the Testator and subscribed and sworn to before me by Kent H. Patterson and Mary A. Deise witnesses, this 1st day of June , 2001. My Commission Expires : / ,-fiiotary public Notarial Seal Page Ten of Ten Kimberly D.Brown,Notary Public Harrisburg,Dauphin County My Commission Exoires Feb. 18,2002 EXHIBIT "B" LEGAL DESCRIPTION OF THE PROPERTY ALL THAT CERTAIN lot or piece of ground situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described according to a survey made by William B. Whittock on June 17, 1963, as follows: ALL THAT CERTAIN piece or parcel of land off the Carlisle Pike (U.S. Route 11) and Hampden Avenue; thence south two degrees thirty-nine minutes east along the aforementioned Hampden Avenue, one hundred eighty-five and forty hundredths feet to a point at the northern line of Lot No. 30 on Plan of Clearview Farms, Section 2 and 3; thence south eighty-six degrees fifty-two minutes west along Lots Nos. 30 and 31, one hundred feet to a point at lands now or fate of Nelson Improvement and Development Corporation; thence along aforementioned lands, one hundred eighty-five and forty hundredths feet to a point on the southern side of Carlisle Pike; thence north eighty-six degrees fifty-two minutes east along aforementioned Carlisle Pike, one hundred feet to a point, the PLACE OF BEGINNING. BEING the same premises which S & F Investments, a Pennsylvania general partnership, by its Deed, dated September 24, 2003, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 259, Page 4681, granted and conveyed to Eugene T. Wertz and Ruth M. Wertz, husband and wife, as tenants in common and not as tenants by entireties. BEING further identified as Tax Parcel No. 10-21-0279-041. EXHIBIT "C" . .arts, LLC Phone: 408-832-7559 POBx71 Email: Camp Hill, Pa 17011 Dec 1 Dec 1, 2010 To: Gene Wertz/Wertz Rentals Re: Lease opportunity at 4700 Madr.....zts,tip liii].Fa lQ 5L % f K�- /t.( G C �s d'C t,J i G j tF;0e-1/-6r Dear Mr Wertz: 1 D_5C1 Thank you for taking the time and speaking to us regarding the lease opportunity at your property Iocated at 4700 Market Street in Camp Hill. As you already know that our intended use of this space will be to develop into a convenience store/tobacco outlet. We propose the following terms for a lease agreement: 1. Use-The Leased Premises may be occupied and used by Tenant exclusively as a convenience store/tobacco outlet. 2. Licenses-It shall be the Tenant's responsibility to obtain any and all necessary licenses and the Landlord shall bear no responsibility 3. The initial term of the lease will be a minimum of 10 years with additional two 5-year options to renew Initial term-Jan 1,2011-Jan 1,202] Ist Option-Jan 1, 2021-Jan 1.2026. 2od Option-Jan 1,2026--Jan 1,2031 **"We are asking for the initial term to start on January 1,2011 due to the Holiday schedule. This is the only time we spend with our families during the season and all partners take time off so it becomes almost impossible for us to start developing new location during this period. Nevertheless, we might ask to be allowed to get into premises from time to time.in order to get measurements and make rough plenograms if schedule permits. I hope you will understand our situation. 4. The tenant will be allowed a rent free period for a total of 120 days to prepare the facility for operation/to make alterations and to get proper licensing and permits. Monthly rent will start on May 1,2011. 5. Tenant will reserve the first right of oust refusal to buy if property is put on market during the tenancy. 6. Assignment and Subletting-Tenant shall have the absolute tight to transfer and assign this lease or to sublet all or any portion of the Leased Premises 7. Real Estate Taxes-Tenant will not be responsible for any Property related taxes..i.e.real estate/school 8. Utilities-Tenant shall pay for all water,sanitation, sewer, electricity, Ight, heat,gas, power,fuel, janitorial incident to Tenant's use of the Leased Premises 9. Per our verbal agreement$3200 per month is agreeable. We offer a security deposit of$3200. The initial security deposit and first month rent payments will be paid according to the following schedule: $2000-Day the lease is signed and.finalized $1200—January 1,2011 5 1600—March 1.2011 $1600-May I, 20I1 $6.400-covers security deposit$3200 and first month rent of 33200 eZ r,urts, LLC Phone: 408-832-7559 P 0 Bx 71 Email:.i;ri�:�':•�C'.� °�•�+hl�c�.ci�i�l Camp Hill, Pa 17011 eZ. Marts. Handy..Markets... :. . Tenant will continue to pay$3200/month due on 3rd day of each month starting June 1,2011 onwards thro the end of lease period. • Please Jet us know if we have an a 'eement to the conditions above and we can move forward. Thank You Jai eet Kaur Acceptance of Lease: I, Gene Wert owner of Wert.Rentals,accept r,he terms and conditions above and agree to lease the premises described above to I r Landlord—Print Name Sign 7i Date / / �'/ t/ 1D T "ant Dare t(! ff -: .0.re-C.,/ /6-.116- LI r • EXHIBIT "D" JERRY DUFFIE ELIZABETH D.SNOVER RICHARD W.STEWART CAROLYN B.MCCLAIN • EDMUND G.MYERS L A W O F F I C E S JOHN A.LUCY DAVID W.DELUGE ULYSSES S.WILSON JOHN A.B.RET R JOl L M-ATTHEW RIDLEY MARK JEFFREY B.U FIE DUFFIE MARK C.DUFFIE BARRIE B.GEHRLEIN JOHN R.N[NOSKY MICHAEL J.CASSIDY OF COUNSEL MELISSA P.GREEVY HORACE A.JOHNSON WIDE D MANLEY C.ROY WEIDNER JR. CONSTANCE P.BRUNT • • WRLTi LYS ExT.Nu.289 E.-MAIL mcdtT4idsw.com • 9171 9690 0935 0033 0692 17 April 11, 2013 • Via Certified Mail (not restricted) and Via Certified Mail(not restricted) and First Class Mail: First Class Mail: Jaspreet Kaur Jaspreet Kaur t/a EZ Marts t/a EZ Marts 4700 Carlisle Pike 4740 Maple Shade Drive Mechanicsburg, PA 17050 Harrisburg, PA 17110 Vi; - - �e�Gl• Jaspreet Kaur 9690 0935 0033 0692 24 eZ Marts, LLC P.O. Box 71 Camp Hill, PA 17011 RE: Lease -4700 Carlisle Pike, Mechanicsburg, PA 17050 Dear Mrs. Kaur: Please be advised that our offices have been retained to represent the interests of Eugene Wertz t/a Wertz Rentals and his property located at 4700 Carlisle Pike, Mechanicsburg, PA 17050. Our client has advised that you have failed to make full rent payments for the months of December, 2012 and January, February, March and April of 2013. Our records indicate that you made a payment of$1,500.00 in December and $1,700.00 for each of the first four(4) months of 2013. Your failure to pay rent in full is in breach of the terms of the Lease Agreement, dated December 1, 2010. Please consider this correspondence a notice of default, demand for payment and termination of the Lease. Please forward $7,700.00 representing your rent deficiencies for the prior five (5) months within five (5) business days of the date of this letter. In addition, my client will expect.the-full.rent..payment.-of$3,200-00...in-.May;201.3 as-set-forth-in the-Lease.- - • 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. • • Jaspreet Kaur April 11, 2013 Page 2 Your failure to make these payments will initiate immediate action under the Pennsylvania Landlord/Tenant Act of 1951. If you have any questions pertaining to this correspondence, feel free to contact,my offices. Very truly yours, JOHNS N, FFIE, STEWART&WEIDNER Mark C. Duffle gjm:549002 cc: Robert Wertz - ..��.. UNITED STATES POSTAL SERVICE., Date: 04/15/2013 GAIL MAHONEY: The following is in response to your 04/15/2013 request for delivery information on your Certified Mail(TM) item number 7196 9009 3500 3306 9217. The delivery record shows that this item was delivered on 04/12/2013 at 12:44 PM in MECHANICSBURG, PA 17050. The scanned image of the recipient information is provided below. -- ----Rs san' Signature of Recipient: d • Address of Recipient: — Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service