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13-3838
Supreme Co, o 'Pennsylvania Con r, �0 0% rn o Pleas For Prothonotary Use Only: C i1 C&v � s et b �, Docket No: County 3 83� �' �' L etlo The information collected 017 this form is used solely,for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ❑ Complaint ❑ Writ of Summons © Petition R Transfer from Another Jurisdiction a Declaration of Taking E Lead Plaintiff s Name: Lead Defendant's Name: C to M ti w uf-- V 9 ez M� bnm V Dollar Amount Requested: within arbitration limits I Are money damages requested? Yes 0 No (check one) outside arbitration limits O N Is this a Class Action Suit? E3 Yes No Is this an MDJAppeal? Yes OF No A Name of Plaintiff /Appellant's Attorney: JOHN M' I't Check here if you have no attorney (are a Self - Represented [Pro Sep Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional Ci Buyer Plaintiff Administrative Agencies E3 Malicious Prosecution ❑ Debt Collection: Credit Card 0 Board of Assessment f, Motor Vehicle ❑ Debt Collection: Other I_l Board of Elections Nuisance 0 Dept. of Transportation rJ CJ Premises Liability Statutory Appeal: Other S J Product Liability (does not include Q Employment Dispute: E mass tort) Discrimination CI Slander/Libel/ Defamation 0 Zoning Board C ❑Other: Q g Employment Dispute: Other —1 Other: T I Other: O MASS TORT IJ Asbestos N Cl Tobacco J Toxic Tort - DES �I Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration Other: Q CJ Eminent Domain /Condemnation [3 Declaratory Judgment B 3 Ground Rent n Mandamus Landlord /Tenant Dispute a Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Cl Mortgage Foreclosure: Commercial 0 Quo Warranto Dental Partition 0 Replevin CI Legal Quiet Title L, Other: r Medical IJ Other: LJ Other Professional: Updated 1/1/201] COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM CUMBERLAND MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. /3 — 393 6' Cl U L. NOTICE OF APPEAL e�M Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the Case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ Jaspreet Kaur t/a eZ Mart Handy Markets MDJ- 09 -3 -04 Paula P. Correal ADDRESS OF APPELLANT CITY _ STATE ur CODE 4700 Carlisle Pike Mechanicsburg PA 17050 DATE OF JUDGMENT IN THE CASE OF (Plaintift) (Defendant)' 6/25/13 Ruth M. Wertz Jaspreet Kaur t/a eZ Mart Handy Markets DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT MJ- 09304 -LT- 0000078 -2013 Y1/1. gl This block will be signed ONLY when this notation is required under Pa. f appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Ruth M. Wertz appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 13- Ctlit L ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. T I C' r Sign ture of or attorney or agent RULE: To Ruth M. Wertz appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 / Signature of Prothono eputy Ynn1f'innVt� +y���{S�`yf��G1 +�r� / I YOU MUST INCLUDE A COPY O _ YAE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. zo Z IN ENZ If/ 0 -1. — AOPC 312 -05 L COMMONWEALTH OF PENNSYLVAi ,,,A Notice or Judgment/Transcript COUNTY OF CUMBERLAND Non - Residential Lease Mag. Dist. No: MDJ- 09 -3 -04 Ruth M 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 John M. Kerr, Esq. Docket No: MJ- 09304 -LT- 0000078 -2013 5020 Ritter Rd Ste 104 Case Filed: 5/17/2013 Mechanicsburg, PA 17055 Disposition Details Grant possession. No Grant possession if money judgment is not satisfied by the time of eviction. Yes Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09304 -LT- 0000078 -2013 Ruth M Wertz Jaspreet Kaur t/a eZ Mart Handy Judgment for Plaintiff 06/25/2013 Markets Judgment Summary Participant Joint/Several Liability Individual Liability Amount Jaspreet Kaur Ua eZ Mart Handy Markets $0.00 $9,383.67 $9,383.67 Ruth M Wertz $0.00 $0.00 $0.00 Judgment Detail ('Post Judgment) In the matter of Ruth M Wertz vs. Jaspreet Kaur t/a eZ Mart Handy Markets on 6/25/2013 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $9,200.00 Judgment Component Joint /Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $9,200.00 $9,200.00 Filing Fees $0.00 $146.50 $146.50 Costs $0.00 $5.00 $5.00 Server Fees $0.00 $32.17 $32.17 Grand Total: $9,383.67 Portion of judgment for physical damages arising out of residential lease: $0.00 ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MDJS 315A Page 1 of 3 Printed: 06/25/2013 2:28:55PM Ruth M Wertz DocKet No.. MJ- 09304 -LT- 0000078 -2013 V, Jaspreet Kaur t/a eZ Mart Handy Markets i; Date ' i Senior Magisterial District Judge Paula P. Correal certify that this is a true and correct copy of the record of the proceedings containing the judgment. i Date Magisterial District Judge ' .. s MDJS 315A Page 2 of 3 Printed: 06/25/2013 2:28:55PM Ruth M Wertz Docket No.: MJ- 09304 -LT- 0000078 -2013 V. Jaspreet Kaur t/a eZ Mart Handy Markets Participant List Private(s) John M. Kerr, Esq. 5020 Ritter Rd Ste 104 Mechanicsburg, PA 17055 Plaintiff(s) Ruth M Wertz 3412 Lisburn Rd Mechanicsburg, PA 17055 Defendant(s) Jaspreet Kaur t/a eZ Mart Handy Markets 4700 Carlisle Pike Mechanicsburg, PA 17050 Complainant's Attorney(s) Mark Clifford Duffie, Esq. 301 Market St PO Box 109 Lemoyne, PA 17043 -0109 MDJS 315A Page 3 of 3 Printed: 06/25/2013 2:28:55PM 2d 13 AUG 19 P11 1: 13 Johnson, Duffie, Stewart& Weidner CUMBERLAND COIJNRT Y By: Mark C. Duffie PENNSYL.VAN11A I.D. No. 75906 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 RUTH M. WERTZ IN THE COURT OF COMMON PLEAS OF 3412 Lisburn Road CUMBERLAND COUNTY, PENNSYLVANIA Mechanicsburg, Pennsylvania 17055, NO. 13-3838 Plaintiff V. CIVIL ACTION 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 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 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 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, 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 IN THE COURT OF COMMON 3412 Lisburn Road PLEAS OF CUMBERLAND Mechanicsburg, Pennsylvania 17055 COUNTY, PENNSYLVANIA Plaintiff No. 13-3838 V. CIVIL ACTION JASPREET KAUR t/a eZ Marts Handy Markets 4700 Carlisle Pike Mechanicsburg, Pennsylvania 17050 Defendants COMPLAINT AND NOW, this /�` day of August, 2013, comes the Plaintiff, RUTH M. WERTZ, by and through the undersigned attorneys, Johnson, Duffie, Stewart &Weidner, and files this Complaint, and in support thereof avers as follows: 1. Plaintiff Ruth M. Wertz is an adult individual with an address of 3412 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 and the widow of Eugene T. 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. 7. 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. 8. Kaur is currently in possession of the Property pursuant to a Lease Agreement dated December 2, 2010, 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. 9. 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. 10. 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. 11. Kaur was in default of the Lease Agreement for having failed to make the required payments as set forth above in Paragraph 10. 12. 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. A copy of the aforementioned notice of default is attached hereto, made part hereof, and marked Exhibit D. 13. Kaur has failed to surrender possession of the property. 14. Defendant, after Mr. Wertz passed, and after Defendant decided to reduce the rent payments outlined above and after demand for payment was made and suit filed, produced a second lease which was allegedly signed by Mr. Wertz and provided a reduced rent structure. 15. The aforementioned lease was not executed by Mr. Wertz or anyone acting on his behalf and was in fact forged. 16. Defendant and/or Defendant's employees fraudulently represented to Plaintiff's insurance company that Defendant was the owner of the Property in an effort to receive the check directly from Plaintiff's insurance company for damages caused to the Property by Defendants business patrons. 17. These fraudulent actions of Defendant coupled with the rental payment delinquencies and deficiencies constitute multiple material breaches of the lease agreement and warrant an order for possession. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in their favor and against Defendant for possession of the property located at 4700 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, and direct Defendant to vacate said premises immediately. 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 :570790 . VERIFICATION I, Mark C. Duffie, attorney for Ruth M. 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. ffie Date: LAST WILL AND TESTAMENT OF EUGENE T. WERTZ I, EUGENE T. WERTZ, of 3412 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania (piechanicsburg, 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 1 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 Trustee 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. Notwit'astanding 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 _ o 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 made 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 day of - , 2001. EUGENE T. WERTZ -7- ��T 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. of W17101 of 5150'r"S L Cx CL .D/0 g 4 D 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 unduene. T. WERTZ 7A ' 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 lst day of June IF 2001. My Commission Expires: ` otary public Notarial Seal Page Ten of Ten Kimberly D.Brown,Notary Public Harrisburg,Dauphin County My Commission Expires Feb.18,2002 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. e% ..aas, LLC Phone: =013-632-7559 P O BX 71 Email: Jafii;r :Iz Vj ilk t�.�Urt k_amp Hill, Pa 17011 ' - Marts Handy Markets f I Dec 1 Dec 1.2010 To: Gene Wertz/Wertz Rentals Re: Lease opportunity at 4700 Dear Mr Wertz: t-7d8 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 swre/tobacco outlet 'We propose the following terms for a lease aFreetnent: 1. Use-The Leased Premises may be occupied and used by Tenant exclusively as a convenience store/tobacco outlet. 2. Licenses-It shall be he Tenant's responsibility to obtain any and all necessary licenses and the Landlord shall bearno responsibility 3. The initial terin of the lease will be a minimum of 10 years with additional two 5-year options to renew Initial term-Jan 1,2011-Jan 1,2,021 Ist Option-Jon 1,2021-Jan 1.2026. 3°d Option-Jan ],2026-Jan 1,2031 **"We are asking for the initial term to Stan 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. Nevertbeless,we might ask to be allowed to get into premises from time to time in order to get measurements and make rough p)anoararns if schedule permits- I hope you A11 understand our situation. 4. Tine tenant will be allowed a rent free period for a total of 120 days to prepare rbe 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 vrill not be responsible for any Property related taxes..i.e.real estate/school S. Utilities-Tenant shall pay for aU water,sanitation, sewer,elecuicity, Ight, heat-jas, 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 $1 200-7anuary 1,'2011 51600-March 1,2011 S 1600-May 1,2011 S6400-covers se-curify deposit$3200 and first month rent of S3200 eZ rrrs, LLC Phone: 408-832-7559 POBx71 Camp HIII, Pa 17011 t Tenant will continue to pay$3200/month due an 3rd day of each month starting June 1,2011 onwards thru the end of lease period. Please]et us know if we have an agreement to the conditions above and we can move forward. Thank You Ja eet kaur Acceptance of L ease: I, Gene NN'er- ,a,owner of Were Rentals,accept?,he terms and conditions above and aeFee to lease the premises described above to dI _•� + c f%tft iw .3-r— Landlord—Print Dame Sign r Date h T "ant v Data -JERRY R.DUFFIE ELIZABETH D.SNO'VER RICHARD W.STEW.ART CAROLYN B.MCCLAIN EDMUND G.IVJYERS L A W 0 F F 1 C E S JOHN A.LUCY DAVID SDELUGE ^���N ULYSSES S.WILSON JOHN A TATLER ,v` JULIA A.PHILLIPS JEFFREY B.RETTIG MATTHEW RIDLEY MARK C.DUFFIE DUFFIE 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 M'Rurni's ExT.NoMg E-MAIL mcd0qjdsw.com 9171 9690 0935 0033 0692 17 April 11, 2013 ti 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 Vic . - R,1_;1- Jaspreet Kaur 171 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 tfa 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.asset-forth-in-the-•L-ease- •--••- - - - -- -- 301 MARKET STREET P.O.BOX 109 LEMOYNE,PENNSYLXAVIA.17043-0109 WWW.JDSWCOM 717.761.4540 FAX:717.761.3015 MAIL @JDSWCOM 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. Duuffi`e gjm:549002 cc: Robert Wertz Rid 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. -- —• ...s.�rj b�CaCif�' '•'taM ray• ••, Signature of Recipient: Address of Recipient: j� 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 Ronny R Anderson SHERIFF'S OFFICE OF CUMBERLAND COUNTY Sheriff Jody S Smith 01- THE Pr2C}flla�df� lArv`-. Chief Deputytxxxtn�� nambr�r�e� Richard W Stewart 2013 AUG 28, AM 10 3 7 Solicitor OFF CE OF TH;-Z CUMBERLAND COUNTY PENNSYLVANIA Ruth M Wertz vs. Jasprette Kaur t/a eZ Marts Handy Markets Case Number 2013-3838 SHERIFF'S RETURN OF SERVICE 08/22/2013 02:46 PM- Deputy William Cline, being duly sworn according to law, served the Notice by handing a true copy to a person representing themselves to be Chetan Patel Store accepted as "Adult Person in Charge"for Jasprette Kaur t eZ Ma4LIAM t Markets att477 Complaint& Pike, Hampden Township, Mechanicsburg, PA 17055. Clerk, who 00 Carlisle NE, DEPUTY SH ERIFF COST: $39.76 SO ANSWERS, ,7 August 23, 2013 4RRON —A NDERSON, SHERIFF (C)CountySui!e Sh^r,f,Teleeseft.I.— JOHN M. KERR, ESQUIRE ATTORNEY I.D.#26414 JOHN KERR LAW, P,C. 5020 RITTER ROAD SUITE 104 MECHANICSBURG, PA 17055 (717)766-4008 (717)766-4066 (FAX) RUTH M. WERTZ IN THE COURT OF COMMON PLEAS 3412 Lisburn Road CUMBERLAND COUNTY, PENNSYLVANIA Mechanicsburg, Pennsylvania, Plaintiff NO. 13-3838 V. CIVIL ACTION JASPREET KAUR, w t/a eZ Marts Handy Markets 4700 CarlislePike ,M- Mechanicsburg, Pennsylvania 17050, c3 Defendants -r CD° NOTICE TO PLEAD S Tw? `_ ,rTj To: Ruth M. Wertz -•< c/o Marc C. Duffie, Esquire Johnson, Duffie, Stewart & Weidner 301:Market Street P 0:,Box 109 Lemoyne, PA 17043 You are hereby notified to file a written response to the enclosed, Defendant's Answer, New Matter, and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. \`ohn ierraw,PC a 5020 RitterROad Respectfully submitted, Suite 104 McCharticsburg,PA 17055 PHor>e: 717.766.4008 /s/ John M. Kerr FAX: 717.766.4066 John M. Kerr, Esquire i JOHN M. KER�R, ESQUIRE ATTORNEY I.D.#26414 JOHN KERR LAW, P,C. 5020 RITTER ROAD SUITE 104 MECHANICSBURG, PA 17055 (717) 766-4008 (717) 766-4066 (FAX) RUTH M. WERTZ IN THE COURT OF COMMON PLEAS 3412 Lisburn!Road CUMBERLAND COUNTY, PENNSYLVANIA Mechanicsburg, Pennsylvania, Plaintiff NO. 13-3838 V. CIVIL ACTION JASPREET KAUR, t/a eZ Marts(Handy Markets 4700 Carlisle;Pike Mechanicsburg, Pennsylvania 17050, Defendants DEFENDANT'S ANSWER, NEW MATTER AND COUNTERCLAIM AND=W, comes Jaspreet Kaur(hereinafter, "Kaur"),t/a eZMarts Handy Markets, by her attorney;John M. Kerr, Esquire and John Kerr Law, P.C., and files the within Answer, New Matter and Counterclaim,the nature of which is as follows: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. ly0111) PC v 5020 Ritter Road 4. ADMITTED. Suite 104 McChaniCSburg,PA 17055 PHONE: 717.766.4008 5. ADMITTED. FA 717.766.4066 i 6. ADMITTED. 7. ADMITTED. 8. ADMITTED in part and DENIED in part. It is admitted that Kaur,trading as eZMarts Handy Markets(hereinafter, "eZ Marts") is in lawful possession of the property. It is denied that it is pursuant to a lease agreement dated December 2, 2010. Instead, it is pursuant to a lease agreement, effective December 18, 2010,which replaced the memorandum lease dated December 2,2010 (copy of December 18, 2010 Lease Agreement is appended to this Answer). Both lease agreements were drafted by Jaspreet Kaur and returned signed by Eugene Wertz, then owner of the property. 9. ADMITTED in part and DENIED in part. Pursuant to the current lease, para. 2,the entire term of the lease was divided into various discreet sections.The "prep term," which was from January 1, 20.11—April 30, 2011,was to be rent free.The "initial term," an eighteen month period from May 1, 2011 through October 30, 2012, was to be for the "normal rent schedule," e.g.. $3,200.00 monthly.The first five year option,from November 1, 2012—October 30, 2017, was to be contingent on the gross sales clause in the lease.The final three five (5) year options were to follow the normal rent schedule. 10. DENIED. Pursuant to paragraph 4 of the current lease—"reduced rent based upon 'monthly gross sales'—during this five year period,when gross monthly sales as defined under the lease were less than $40,000 monthly, the rent due was five (5%)percent of the monthly sales, but in no event less than $1,500.00 monthly.This provision was negotiated by Jaspreet Kaur and Eugene Wertz. During the months November, 2010—present, gross monthly sales failed to exceed $20,000 in any given month. Kaur left the area in January, 2012. Before doing �ohnerr�aw.PC so, she had a meeting with Eugene Wertz,where she explained that she would be absent for 5020 Ritter Road Suite 104 Mechanicsburg,PA 17055 P1lorte: 717.766.4008 some time and that Arshwinder Grewal (hereinafter, "Grewal") would maintain the business Fnx: 717.766.4066 during her absence. Pursuant to paragraph 4 of the current lease, Kaur paid $1,500.00 for December, 2012. For the first five months of 2013, Grewal mistakenly remitted the sum of $1,700.00 monthly—rather than the$1,500.00 required under the lease if gross sales were under$40,000. When the landlord initiated the present action before the District Justice, eZ Marts remitted the sum of$3,200 monthly and paid the alleged deficiency amount,without waiving its rights to challenge the proper amount owing. 11. DENIED. Under the current lease agreement, based upon gross monthly sales of approximately$20,000 from December, 2012—September, 2013, eZ Marts has overpaid Wertz a minimum of$7,800.00. 12. ADMITTED in part and DENIED in part. It is admitted that opposing counsel forwarded a letter to Kaur such as is contained at Exhibit"D"to the complaint. Any attempt to characterize the writing's contents is denied. 13. ADMITTED. By way of further answer, neither of the lease agreements, dated December 2 or 18,2010 contain a default clause. Moreover,all payments are current even if the December 2,2010 Lease Agreement is assumed to govern the parties. Plaintiff lacks any entitlement to evict Defendant from the premises. 14. ADMITTED. By way of further answer,this lease was drafted by Jaspreet Kaur and returned to her store on Erford Road at the time executed. 15. DENIED. 16. DENIED. The incident referred to did not implicate any insurance policy owned by Plaintiff. Instead, it had to do with a wholesale delivery several months ago from Coremark, a contractual supplier of eZ Marts. During a routine delivery,the driver ran into an eZ Marts pole ''c sign, completely damaging and breaking the sign.Since it was Coremark's fault,they agreed to 5020 Ritter Road Suite 104 Mechanicsburg. 17055 PROtve: 717.766.6.4005 submit it to their insurance carrier and to take care of the problem.The claim number was given Fnx: 717.766.4066 to Arsh Grewal, and he began to work with the insurance carrier to get the sign fixed.The sign was a business asset of Defendant eZ Marts—and did not belong to Plaintiff in any manner.The insurance representative sent an adjuster to take pictures and measurements. While the adjuster was'doing so, Robert Wertz was outside in the parking lot and asked him about the details.The adjuster explained to Grewal that the insurance company would get back in touch as to the damages and that a check would be sent for repairs. A number of sign companies contacted Grewal in order to obtain the business since it was visible from the street. He began obtaining quotes from different sign companies in order to get it fixed. Plaintiff's only connection with this matter was that it received a letter from the township which requested that, as property owner,the remains of the sign be removed from the main portion of the street or have the sign fixed, since it was causing issues blocking the side street view for those making a left turn. Ultimately, KMG Signs appeared and fixed the sign, putting it back together, but leaving the electrical work undone.When Grewal telephoned the owner of the sign company, he was informed that the landlord authorized them to complete the work.As of this date,the electrical work has not been completed, and the sign is not illuminated. 17. DENIED. WHEREFORE, it is requested that the Court enter judgment in favor of Defendant and against Plaintiff, dismissing the request for possession. NEW MATTER 18. Defendant's answers to paragraphs 1-17 of the Complaint are incorporated by reference, as if fully set forth in their entirety. \`onnerr�aw.Pc 19. Defendant,Jaspreet Kaur,drafted the Lease Agreement, dated December 18, 2010; v 5020 Ritter Road Suite 104 Mechanicsburg, 6.17055 executed the same; and forwarded it to Eugene Wertz for his signature. Pr+oNe: 717.766.4008 g g Fnx: 717.766.4066 20. A fully executed Lease Agreement was returned to Kaur at her store then located at Erford Road in Camp Hill, Pennsylvania. 21. Defendant,Jaspreet Kaur,drafted the provision in the December 18, 2010 Lease Agreement, entitled "gross sales." This was first hand-written and later reduced to a typed document. 22. This provision was negotiated between Kaur and Eugene Wertz.Their ultimate C agreement reflected a meeting of the minds following negotiations. G 23. The December 2, 2010 Memorandum of Agreement was meant to be temporary and to be replaced by a more comprehensive agreement. G 24. Each of the Lease Agreements contained a right of first refusal to purchase the premises. 25. During the Spring,2013, representatives of Morris Laundromat appeared at the leased premises taking measurements and the like.They explained that they would be purchasing the leasfehold premises. No right of first refusal was offered to the Defendant. 126. Neither of the two Lease Agreements, dated December 2, 2010 and December 18, 2010, G contained a default provision or a termination clause. Breach of the agreements was not l defined. 27. The Lease Agreement,dated December 18, 2010,contained a 'Tt 5 yr.Option," from November 1; 2012 until October 30, 2017. Under the terms of that Option,the tenant could pay a reduced rent where gross monthly sales was less than$40,000. Rent was calculated at five (55 ) percent of gross monthly sales, but in no event less than $1,500.00 monthly. 28. From November, 2012 to the present date,gross monthly sales have ranged generally (�°t'n f`e«.4.,v.PC fro n $15,000-$20,000. 5020 Ritter Road Sutte 104 Mecharlicsburg,PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 E COUNTERCLAIM 29. The factual averments contained in answer to paragraphs 1-17 above and the allegations found at paragraphs 19-28 of New Matter are incorporated by reference, as if fully E set forth in their entirety. r 30. As set forth in answer to paragraphs 10-11 above, Defendant has overpaid Plaintiff at least the sum of$7,800.00 under the terms of the December 18, 2010 Lease Agreement. i WHEREFORE, it is requested that judgment be entered in favor of Defendant,and against Plaintiff, in the amount of$7,800.00, plus taxable costs and attorney's fees, as appropriate. Respectfully yours, Joh M. Kerr, Esquire I Att rney I.D.#26414 John Kerr Law, P.C. 5020 Ritter Road i Suite 104 Mechanicsburg, PA 17055 I (717)766-4008 Dated: September 4, 2013 \yohnerr�aw.PC v 5020 Ritter Road SUM 104 McCharlimbwg,PA 17055 Riom: 717.766.4008 FAx: 717.766.4066 --------------------RETAIL. LEASE AGREEMENI--------------------- This Commercial Retail Lease Aareem.ent ('Lease") is made and effective December ,18, 2010byand between 1Nertz Rentals/Eugene Wertz ("L9ndlord") and Ez Marts Handy Markets ("Tenant"). Landlord is the owrier of land and improvements commonly known and numbered as 4700 Carlisle Pike, MechanicsbUrCl, Pa. and described as the premises ("building") The building constitutes of a free standing/stand-alone Retail Space of approximately 2500 square feet. Therefore, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Tenant will occupy the premises on van 1, 2011 in order to prepare the building for operation Tenant will be allowed a "NC Rent" period of four months/one hundred twenty days (120 days) tn make a.;feratior!s suitable for agreed use 2.s a convenience store and to get proper licensing and permits in place. 2. Term : Landlord hereby leases the Building to Tenant, and tenant hereby leases the same from Landlord, for an "initial term"of eighteen months (18 months)and additional options as below: Term Dates Additional Details Prop Term Jan 1,2011 -Apr 30,2011 RENT FREE PERIOD Initial Term May 1,2011 - Cot 30,2012 First 18 month C th -. �rp, Normal Rent Schedule ist 5 Yr Orton Nov 1,2012 -Oct 30,2017 Ist 5 year option will be contingent on "Gross Sales"Clause in This lease 2nd 5 Yr. Option Nov 1;201 t- Oct 30,2022 2nd 5 year option term, Normal Rent Schedule 3rd 5 Yr. Option Nov 1,2022 - Oct 30,2027 3rd 5 year option term, Normal Rent Schedule 4th 5 Yr. Option Nov 1,2027 - Oct 30,2032 4th 5 year option 'term, Normal Rent Schedule .J. Rental Tenant agreas to pay the landlord starting the "initial term"a rent of$32tJ0/monfli", z installments payable, to the landlord at office located at 4701 Carlisle Pike, Mechanicsbi_!,'g, Pa or at such other place designated I:v written notice from landlord. Tenant will pay the monthly rent amount of$3200 for the entire term ol thle Lease with the exception of conditions during. ti�E, 5 Year Option, exercisable with restrictions agreed in "Gross Sales" clause , whereas, Tenant will have the 3utornificritqnt to reduction in rent based on Gross Sales as agreed by both parties. 1 4. Gross Sales-Reduced Rent based on "Monthly Gross Sales" It is acknowledged and agreed by the pates hereto that part consideration of the leasing of the premises to tenant,is pn-yrneni of rent based on Itenant'silmonlilly "Gross Sales" from the premises during the first five year option as listed. Definition of Gross Monthly Sales & Exceptions: Gross Monthly Sales" means the Fctual sa!es Prices of all 000ds, waires, sc!'J a! the premises w,!'th the Of Pennsylvania State 1-o,t-tery Revenue. The Gross Sales includes ail sarvices performed by tenant at o;r from the leased ,)remi,:,es,whetter for.;ash, credit, or o4hervv;se. Gross sha i 1:11CLIdle vilfthout limitation sales, ren!'s, receipts, and services- (1) where the orders therefore originale, in, at or from the prernises, v-rhether die!iven/or performance isrnade frorn the Initials : ! Tenantit 2, _Lk_Land1ord premises '2)made or performed by mail, telephone, or telegraph orders received at the premises (3) made of performed from course of its the premises or received electronically via internet, e-mail, or website (4)which tenant is the normal and customa ry business, would credit and attribute to its operations at the premises (5) the amount of Gross sales of any lease term month shall not be carried over into any other leased month. Its is further mutually agreed by both landlord and tenant that the following items should be excluded from calculation of Monthly Gross Sales: a. Any and all sales revenue collected by the tenant as a Retailer for Lottery, b. Any exchange of merchandise between other stores of tenant where such exchange is made solely for the convenient operation of tenants business. c. Returns to shippers or Manufacturers d. Cash or credit refunds to customers or transactions, otherwise included in gross sales, not in excess of selling price. e. Any revenue retrieved from the equipment, or fixtures, owned by the tenant. In order for tenant to exercise the reduced rent based on gross sales, tenant agrees to follow the guideline of a monthly gross sales amount of$40,000 (foFt-y--th-OLisand per month). if and only if, tenants Gross Monthly Sales calculated as agreed -TF- moat tenant will have the absolut, and automatic rigim to exercise fne jalls under the guideline amount of fo, y-Mousand per mont 1.1 El I CIE: 1 L) 1-:1' 'Lr-0,Ta---I-month I y s reduced rent payable to Ine landlord calculated as tni�-maximum of 517o (tive-r :: lit:::5: _J, in no case, ess rtian $1500 (fitteen-11,01nored dollarsTper man-th. Tenants Statement of Gross Sales: If tenant exercises its option of reduced rent tinder this clause, Landlord has the right to request a Gross Sales Monthly Statement, within, thirty(30)days of accepting the reduced rental amount. Tenant further agrees to deliver or cause to be delivered to landlord within thirty(30) days of request received from landlord in writing. The report presented could be in the form of a monthly auto report received from Cash registers/or any Point of Sale system used by the tenant for accounting/sales or prepared by an accountant. Landlord can additionally hold the tenant to present the records filed for Sales tax from State of Pennsylvania ona quartely basis. If tenant shall fail to deliver the foregoing to landlord after thirty days after tenant received a written notice from landlord, of such failure, Tenant shall be liable to the full rent as agreed and such sum shall be immediately payable by tenant to landlord, The receipt by landlord of any statement of Gross Sales for subsequent month shall not constitute an admission of the correctness thereof and landlord holds the right to hire a third party auditor at landlords own expense. 5. Licensing/Use The leased building will be occupied and used by tenant as a convenience store/tobacco outlet. Tenant agrees to obtain any and all necessary permits and licenses according to Hampden Township Licensing Authority. N1 oti.vithsta n ding and forgoing, Tenant shat! not use the Leased Building for the purpose of storing, manufacturing or selling any explosives, flamniabies or other inherently dangerous substance, chemical, thing, or device prohibited by law. 6. Sublease and Assignment Tenant shall have the right without Landlord's consent, to assign this lease to a subsidiary of the tenant or any third party who purchases substantially all of tenants assets. Tenant shall have the absolute right to sublease all or any part of the leased oremises in whole or in part without landlord's consent, 7. Right of First refusal to Purchase Tenant will reserve the first right of refusal to buy if property is placed on market during any time of the tenancy. Landlord agrees to the terms of this Clause according to all legal state guidelines. 8. Security Deposit Tenant agrees to a security deposit of$3200 (thirty-two hundred dollars). The initial security deposit and first month's rent payment of$3200 will be paid according to the following schedule: $2000- Date this lease is confirmed, signed, finalized and keys received by tenant. $1200 - january 1, 2011 $1600- March 1, 2011 $1600 - May 1, *2011 9, Utilities Tenant shall pay for all utilities billed directly to the tenant incident to the tenant's use of leased premises. 10. Insurance Initials: ,4/4-Tenant ;Zz Landlord 3ndlord will carry fire and extended coverage Insurance on the building. anant will carry public liability insurance including the personal injury, and on the inventory, assets,-equipment, and 1. Damage to premises the premises are damaged through fire or other cause not the fault of tenant, tenant will owe no rent for any period during hick tenant is substantially deprived of the use of premises. If tenant is deprived of the use of premises for more than 30 )ys because Of Such damage, tenant may terminate this lease by delivering written notice of termination to landlord. ?. Taxes 3ndlord will pay all real property taxes levied and assessed against the premises, 3nant will pay all personal property taxes levied and assessed against Tenant's personal property and business. 3. Maintenance and Repair anant agrees to remodel and restore the leased premises at their own cost and ensure passing of all zoning and code gulations based on Hampden Township requirements. Tenant will maintain the premises in good condition with the exception all necessary repairs to Roof, Foundation, Heating, and air-conditioning systems, which will be landlords' responsibility. 1. Performance there is a default with respect to any of landlord's convents, warranties, or representations under this lease, and if the default )ntinues more than fifteen 05) days after, Tenant may at its option and without affecting any other remedy hereunder, cure 1ch default and deduct the cost thereof from the next accruing installment of rent payable hereunder until tenant sha!I have ,en fully reimbursed for such expenditures. i. Notice of Default. Before starting a legal action to recover possession of the premises based on tenant's default cf this ase, Landlord will notify tenant in writing of the default. Landlord will take legal action only if tenant does not initiate steps to )rrect the default according to the terms of this lease. i. Eminent Domain ?nant will have the right to terminate the lease if any part of the leased premises are taken by eminent domain. Tenant has the 1ht to receive and keep any amount of money that the agency taking the premises by eminent domain pays for the value of nants lease, its loss of business, and for moving and relocation expenses. if tenant remains in possession after this lease ends, the continuing tenancv will be from month to month. i. Entire,Agreement ie parties agree that this is the entire agreement between tenant and landlord. it replaces and supersedes any and all ora! Ireements between the parties, as well as any prior writings. ). Successors and Assignees its lease binds and benefits the heirs, successors, and assignees of the parties. Compliance with law inant sha!l comply with all laws, orders, ordinances, and other public requirements now or hereafter pertaining to tenant's use the leased premises. Landlord shall comply with all laws, orders, ordinances, and other public requirements affecting the ased prernises. us lease will be governed by and construed in accordance with the laws of State, Of Penns-ylvania . M-odification its lease may be modified on!,✓ by a writing signed by both parties. 1. Waiver one party waives any term or provision of this lease at any time, that waiver will be effective only for the specific instance and iecific purpose for wt,Jch the waiver was given. If either party fails to exercise or delays exercising any of its rights or medies under this lease, that party retains the right to enforce that term or provision with in 90 days of delay. i. Severability any court determines that any provision of this lease is inv�;fid or Linen f(Gro-eabie, any invalli.dity will affect only that provisio.-, ,d will not make any other provision in this lease invalid, and shall be modified, amended or limited only to the extent Ulm ME )ecessary to render it valid and enforceabl-e. ?a.. Final Agreement/Acceptance of Lease Fhis agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This greemer.t may be modifies only by a further writing that is duly executed by both parties. Gene Wertz, owner cif`Hertz rentals and real property located at 4700 Carlisle Pike, Mechanicsburg, Pa, agree to Lease the ;aid premises to Ez Masts Handy Markets / Ez Marts Networks Corp according to the terns and conditions in this lease. Eugene Wertz DATE: _andlord - Print Name n Date Jaspreet Kaur, on behalf of Ez Marts randy Markets, agree to the terms of this lease agreement. 1.aspreet Kaur Dec. 1 8, 201 0 cal` ';nnant - Print Name :1 Date i i I i eZ Marts, LLC Phone: 408-832-7559 P0Bx71 Camp Hill, Pa 17011 • Dec 1 Dec 1, 2010 To: Gene Wertz/Wertz Rentals Re: Lease opportunity at 4700 , A /7050 Dear Mr Wertz: Thank you for taking the time and speaking to us regarding the lease opportunity at your property located at 4700 As you already know that our intended use of this space will be to d op into a convenience store/tobacco outlet. We propose the following trims for a lease agreement: Use-The Leased Premises may be occupied and used by Tenant exclusively as a convenience CJ store/tobacco outlet. Y� 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. 2nd 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 operatiord to rn'ake 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 riot be responsible for any Property related taxes..i.e. real esta(e/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 $1 200—January 1, 201 I $1600— March 1, 2011 $1600—May 1, 2011 $6400—covers security deposit$3200 and first month rent of$32-00 VERIFICATION The undersigned,Jaspreet Kaur,, hereby states that she is the owner of eZ Marts, LLC and,as such, is authorized to execute this Verification, and that any factual statement contained in the preceding Answer, New Matter,and Counterclaim is true and correct to the best of her knowledge, information and belief. She understands that false statements are subject to the penalties prescribed at 18 Pa.C.S.§4904. relating to unsworn falsification made to authorities. 411a mdIRIZu r CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Defendant's Answer, New Matter and Counterclaim," upon the below-identified individual in the manner indicated: First Class Mail, Postage Prepaid Mark C. Duffie, Esquire Johnson, Duffie,Stewart&Weidner 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043 Jo M. Kerr, Esquire 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717)766-4008 Dated: September 4, 2013 \`ohnerr�aw.PC 5020 Potter Road State 104 Mech..burg,PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 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 IN THE COURT OF COMMOW t 3412 Lisburn Road PLEAS OF CUMBERLA Mechanicsburg, Pennsylvania 17055 COUNTY, PENNSYLVAMM N) Plaintiff No. 13-3838 Q' ' v. CIVIL ACTION - JASPREET KAUR ``= 4� t/a eZ Marts Handy Markets 4700 Carlisle Pike Mechanicsburg, Pennsylvania 17050 Defendants PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, this r7 day of September, 2013, comes the Plaintiff, RUTH M. WERTZ, by and through the undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Reply to Defendant's New Matter, and in support thereof avers as follows: 18. Denied. This averment is deemed denied as one to which no responsive pleading is required. 19. Denied. There is no lease agreement dated December 18, 2012 regarding the subject property. The purported lease agreement dated December 18, 2010 alleged to exist by the Defendant is a forgery. 20. Denied. 21. Denied. By way of further answer, there is no lease agreement dated December 18, 2012 regarding the subject property. The purported lease agreement dated December 18, 2010 alleged to exist by the Defendant is a forgery. 22. Denied. Paragraph 22 states a legal conclusion(s) to which no response is required. To the extent, however, that a response is deemed necessary, said averment(s) are specifically denied and strict proof thereof is demanded at the time of trial. 23. Denied. A more comprehensive agreement was contemplated by the parties, but the agreement dated December 2, 2010 was not temporary and it was never replaced, amended, or otherwise changed, amended, supplemented, or replaced. 24. Denied. It is admitted that the one and only lease contained a right of first refusal. It is specifically denied that a second agreement exists and averred that any other lease so presented is a forgery. 25. Denied in part and Admitted in part. It is admitted that representatives of Morris Laundromat took measurements of the leased premises. It is denied in that Defendant had no right of first refusal as the lease dated December 10, 2013 was terminated due to Defendant's default. 26. Admitted. By way of further answer, failure to timely pay rent on a commercial lease constitutes a breach regardless of whether or not the lease defines the term. 27. Denied. There is no lease agreement dated December 18, 2012 regarding the subject property. The purported lease agreement dated December 18, 2010 alleged to exist by the Defendant is a forgery. 28. Denied. After reasonable investigation, the Plaintiff is without sufficient information as to the truth or falsity of said averments. Therefore, said averments are denied and strict proof thereof is demanded at the time of trial. By way of further answer, Defendants gross monthly sales are irrelevant as the only effective lease does not contain a rent reduction clause. PLAINTIFF'S REPLY TO DEFENDANT'S COUNTERCLAIM 29. Denied. This averment is deemed denied as one to which no responsive pleading is required. 30. Denied. Paragraph 30 sets forth a factual and legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. By way of further answer, there is no lease agreement dated December 18, 2012 regarding the subject property. The purported lease agreement dated December 18, 2010 alleged to exist by the Defendant is a forgery. WHEREFORE, WHEREFORE, Plaintiff, Ruth M. Wertz, respectfully requests this Honorable Court enter judgment in her favor and against the Defendant with costs and prejudice imposed. Respectfully submitted, JOHNSON, DUFFIE, ST WART &WEIDNER By: Mark C. Cluffie Attorney I.D. No. 75 6 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :582140 CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Reply to New Matter and Counterclaim has been duly served upon the following via first-class mail by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on September 25, 2013: 9&MO John M. Kerr Attorney for Defendant 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055