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Home My WebLink About13-4924 FOUR LEMOYNE DRIVE ASSOCIATES, IN THE COURT OF COMMON PLEAS LLC, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Docket No.: — jay (• , ADAM TECHNOLOGY PARTNERS, LLC Defendants Civil Action - Law CONFESSION OF JUDGMENT WHERE ACTION COMMENCED BY COMPLAINT Pursuant to the authority contained in the warrant of attorney, the copy of which is attached to the Complaint filed in this action, I appear for the Defendant(s) and confess judgment in favor of the Plaintiff(s) and against Defendant(s) as follows: a. Unpaid rent and invoices due for September 2012 through August 2013 11,100.20 b. Late charges for June 2013 through August 2013 $515.400 -`..+ C. Future Scheduled Rents from September 2013 through c July 2015 $81,956.0 ter, d. Attorneys Fees $1,244.49- Total Amount Due $94,816.09 `�--; *Plus interest from date of judgment until Defendant's obligation is satisfied, plus reasonable attorney fees and costs of suit. CAPOAZI ADLER, P.C. rrney rum, sq ire .D. No.: 91273 dler, P.C. .. 5866 Harrisburg, PA 17110 (717) 233 -4101 J Attorney for Defendant�6 Rix Ivx 4 40 4ce- AWIVI FOUR LEMOYNE DRIVE ASSOCIATES, IN THE COURT OF COMMON PLEAS LLC, OF CUMBERLAND COUNTY, PENNSYLVANIA , Plaintiff �.. t V. Docket No.. ADAM TECHNOLOGY PARTNERS, LLC cs� ~— Defendants Civil Action - Law COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY NOW COMES, Four- Lemoyne Drive Associates, LLC, Plaintiff, by its attorneys, Capozzi Adler, P.C., and files this Complaint in Confession of Judgment against Defendant ADAM Technology Partners, LLC, and in support thereof avers as follows: 1. Plaintiff, Four Lemoyne Drive Associates, LLC, is a Pennsylvania limited liability company having a registered principal office address at 1200 Camp Hill Bypass, Suite 205, Camp Hill, Cumberland County, Pennsylvania, 17110. 2. Defendant, ADAM Technology Partners, LLC, is a Pennsylvania limited liability company having a registered principal office address located at 3117 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On or about February 1, 2012, Defendant entered into a commercial lease agreement (the "Lease ") with Four Lemoyne Drive Associates, LLC with regard to premises known as Suite 104 in the building situated at 4 Lemoyne Drive, Lemoyne, PA 17043 to be used for general office purposes (the "Leased Premises "). A true and correct copy of the Lease is attached hereto and incorporated herein as Exhibit "A ". 4. Paragraph 17 (Consent to Jurisdiction) of the Lease provides that the Lessee consents to 1 the jurisdiction and venue of the Court of Common Pleas of Cumberland County, Pennsylvania. 5. Paragraph 4 (Rent) of the Lease Agreement provides that the Defendant is obligated to make certain monthly payments to Four Lemoyne Drive Associates, LLC. 6. Paragraph 15 (Confession of Judgment) of the Lease authorizes the Confession of Judgment against the Defendant for money due and owing Four Lemoyne Drive Associates, LLC upon Defendant's default under the terms of the Lease and upon Defendant's failure to cure such default after fifteen (15) days written notice from Four Lemoyne Drive Associates, LLC. 7. Paragraph 15 of the Lease authorizes Four Lemoyne Drive Associates, LLC to confess judgment against Defendant "for all or any part of the rent specified in this Lease and then unpaid including the rent for the entire unexpired balance of the term of this Lease, and /or other charges, payments, costs and together with all attorney's fees and expenses incurred by Lessor." 8. Paragraph 5 (Late Charge) of the Lease provides that "[a]ny rent not received at Lessor's principal office before the close of business on the seventh (7) day of the month shall be subject to a 5% late charge." 9. Paragraph 13 (H) (Attorney's Fees) of the Lease authorizes Four Lemoyne Drive Associates, LLC to collect reasonable attorney's fees of all amounts owed and protected advances under the Lease. 10. The Lease has not been released, transferred, or assigned by Four Lemoyne Drive Associates, LLC or by the Defendant. 11. Judgment has not been entered against the Defendant in any jurisdiction. 12. This judgment is being entered in connection with a commercial transaction and is not being entered by confession against a natural person in connection with a consumer credit transaction. 2 • s 13. Defendant defaulted on its obligation under the Lease by failing to make payment when due. A true and correct copy of the Account Summary maintained by Four Lemoyne Drive Associates, LLC on the Lease is attached hereto and incorporated herein as Exhibit `B." 14. On August 1, 2013, Four Lemoyne Drive Associates, LLC mailed to Defendant a Default Notice as required under Paragraph 13(A) (Default) of the Lease. A true and correct copy of the Default Notice is attached hereto and incorporated herein as Exhibit "C." 15. On August 1, 2013, Four Lemoyne Drive Associates, LLC mailed to Defendant a Default Notice as required under Paragraph 15 (Confession of Judgment) of the Lease. A true and correct copy of the Default Notice is attached hereto and incorporated herein as Exhibit "D." 16. To date, Defendant has not cured its default of the Lease. 17. Four Lemoyne Drive Associates, LLC has been financially damaged in the amount of $94,816.09 by Defendant's failure to cure the default of the Lease. 18. The amounts due under the Lease, including late charges and attorney's fees as authorized by the Lease and the Addendum to Lease Agreement, are as follows: a. Unpaid rent and invoices due for September 2012 through August 2013 11,100.20 b. Late charges for June 2013 through August 2013 $515.40 C. Future Scheduled Rents from September 2013 through July 2015 $81,956.00 d. Attorneys Fees $1,244.49 Total Amount Due $94,816.09 *Plus interest from date of judgment until Defendant's obligation is satisfied, reasonable attorney fees and costs of suit. WHEREFORE, Plaintiff, Four Lemoyne Drive Associates, LLC demands judgment against Defendant, ADAM Technology Partners, LLC, in the total sum of $94,816.09, plus post judgment 3 c , interest, reasonable attorney fees, and cost of suit. Respectfully submitted, CAPOZZI ADLER, P.C. Date: By: Marc A Crum, Esquir Attorn y LD.1 91273 Capo A Adler, P.C. P.O Box 5866 Harrisburg, PA 17110 (717) 233 -4101 Attorney for Plaintiff, Four Lemoyne Drive Associates, LLC 4 FOUR LEMOYNE DRIVE ASSOCIATES, IN THE COURT OF COMMON PLEAS LLC, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Docket No.: ADAM TECHNOLOGY PARTNERS, LLC Defendants Civil Action — Law VERIFICATION I, Chad Moser, do hereby verify that the facts made in the foregoing Complaint in Confession of Judgment for Money are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in Title 18 of the Pennsylvania Consolidated Statutes Section 4904, relating to unsworn falsification to authorities. Date: Chad Moser COMMERCIAL LEASE 1. PARTIES This Agreement of Lease, made this first (1) day of February 2012 between FOUR LEMOYNE DRIVE ASSOCIATES, LLC to be known as "Lessor ", and ADAM TECHNOLOGY PARTNERS, LLC, to be known as Lessee. 2. PREMISES Witnesseth, that Lessor, in consideration of the rents and covenants hereinafter mentioned, does demise and lease unto Lessee, all that certain space located at FOUR LEMOYNE DRIVE, SUITE 104, to be used for general office purposes (the "Premises "). The rentable square footage of the Premises is deemed to be 2611 square feet. 3. TERM To have and to hold, unto Lessee, subject to the conditions of this Agreement for an approximate (3 '' /z) three and one /half year term beginning on the first (1) day of February 2012 (the "Commencement Date ") and ending on the (3 1) thirty first day of July 2015. 4. RENT In consideration of which, Lessee agrees to pay to Lessor for the use of the Premises, the sum as follows: (A) For the period beginning on the first (1) day of February 2012, and ending on the (3 1) thirty first day of May 2012, the monthly payment amount shall be $ -0 -. The first (4) four months of rent shall be at no charge to Lessee. (B) For the period beginning on the (1) day of June 2012, and ending on the (3 1) thirty first day of August 2012, the monthly payment amount shall be $2542.00 (based on 2000 square feet). (C) For the period beginning on the (1) day of September 2012, and ending on the (3 1) thirty first day of January 2013, the monthly payment amount shall be $3319.00. (D) For the period beginning on the (1) day of February 2013, and ending on the (3 1) thirty- first day of January 2014, the monthly payment amount shall be $3436.00. (E) For the period beginning on the (1) day of February 2014, and ending on the (3 1) thirty first day of January 2015, the monthly payment amount shall be $3557.00. -I- EXHIBIT A! (F) For the period beginning on the (1) day of February 2015, and ending on the (3 1) thirty first day of July 2015, the monthly payment amount shall be $3682.00. 5. LATE CHARGE Any rent not received at Lessor's principal office before the close of business on the seventh (7) day of the month shall be subject to a five percent (5 %) late charge. payments, when received by Lessor, shall be applied first to delinquent rents, utility and operating expense charges and late charges. 6. PLACE OF PAYMENT The rent reserved shall be promptly paid on the several times specified herein, without deduction or abatement, unless hereinafter provided to the contrary, Payment will be made to Four Lemoyne Drive Associates, LLC, Suite 205, 1200 Camp Hill Bypass, Camp Hill, PA 17011 7. HOLDING OVER AS RENEWAL A hold over by Lessee beyond the term of this Lease or any hereinafter duly authorized additional term, or failure of Lessee to give written notice by certified mail of its inten- tion to vacate the Premises at the end of such term at least one - hundred and twenty (120) days prior to such end off term or any hereinafter duly authorized term, shall, at the option of Lessor, be deemed a renewal of this Lease on a year -to -year basis, with the renewal being under and subject to all provisions contained in this Lease, time being of the essence of giving of such notice. Such renewal shall be at the rental rate level prevailing at the end of the term plus five percent (5.0 %). Such renewal of this Lease caused by Lessee's holding over can only be effectuated through written notice by lessor to Lessee. Lessee acknowledges that it shall not rely on any oral representation regarding the renewal of the Lease term In the alternative, if Lessee retains possession of the Premises after the expiration or tennination of the Lease Term or termination of the Lessee's right to possession of the Premises without the written consent of Lessor, Lessee shall pay rent during such holding over at double the rate in effect immediately preceding such holding over computed on a monthly basis for each month or partial month that Lessee remains in possession of the Premises. Lessee shall also pay, indemnify and defend Lessor from and against all claims and damages sustained by Lessor by reason of Lessee's holding over, including reasonable attorney's fees. The provision of this Paragraph do not waive Lessor's right of re -entry or right to regain possession by actions at law or in equity, or any other rights hereunder, and any receipt of payment by Lessor shall not be deemed a consent by Lessor to Lessee's remaining in possession or be construed as creating or renewing any lease or right of tenancy between Lessor and Lessee. -2- 8. SERVICES (A) BUILDING SERVICES Lessor agrees to provide the following services; standard electric, heating, air - conditioning, water, sewer rental, real estate taxes, building insurance, building maintenance, HVAC equipment maintenance, refuse collection, common area maintenance, landscape maintenance and snow removal (B) HOURS OF OPERATION; EQUIPMENT USAGE Multiple shifts of operation, extended operating hours, excessive equipment usage or any other activity in the Premises which results in operating expenses above the standard amount shall require a reimbursement by Lessee to Lessor for this additional operating cost. (C) REFUSE COLLECTION Lessee is strictly prohibited from utilizing the refuse containers for any type of refuse generated from the Premises except for normal day -to -day typical office related refuse. This prohibition specifically includes refuse generated from moving in or out of the Premises (i.e. large quantities of cardboard boxes and/or containers, packing materials, wooden crates, unwanted furniture or office equipment etc.) and refuse generated from the cleaning and /or purging of files from the Premises ( "Non- Standard Refuse Removal "). In the event Lessee requires a refuse container for its Non - Standard Refuse Removal, Lessee shall snake arrangements with the Lessor for the placement of an additional container to be placed at the building for Lessee's use. All costs associated with Lessee's Non- Standard Refuse Removal shall be the sole cost and expense of Lessee. It is understood that such placement of an additional container shall be on a short - term basis only and the location and placement of an additional container shall be directed by Lessor at its sole discretion. (D) INTERIOR SUITE JANITORIAL Janitorial service inside the Premises is the responsibility of the Lessee. The Janitorial service shall conform to guidelines established by Lessor, which shall be reasonable and shall reflect the manner and intensity of the use of the Premises and shall conform to reasonable and generally accepted commercial practices. for care of the floor covering, this specifically requires the use of chair pads /mats and following the carpet maintenance /VCT maintenance /cleaning procedures established by Lessor. Lessee shall maintain the Premises at its own expense in a clean, orderly and sanitary condition, free of insects, rodents and other pests and shall not permit undue accumulation of garbage, trash, rubbish and other refuse, but shall remove from the Premises the same at its own expense and shall keep such refuse in proper containers as set forth in Paragraph 8 (C) of this Lease -3- (E) SERVICE PROVIDERS Lessor reserves the right to reject and bar providers to Lessee of certain routine office products and services if Lessor's rejection is based on commercially reasonable and articulatable grounds. Such service may include, without limitation, bottled water delivery, janitorial service, telecommunications wiring, Satellite dish installation and wiring, an/or any other service or product routinely supplied to /delivered to commercial office tenants. 9. NEGATIVE COVENANTS OF LESSEE (A) WASTE, DAMAGE, OR INJURY TO PREMISES; RESTORATION No waste, damage or injury to the Premises shall be committed, and at the end of the term the Premises shall be restored, at the option of Lessor, to the same condition in which it was at the commencement of the term, and the cost of said restoration shall be paid by Lessee, which cost shall be treated as additional rent due and owing under the terms of this lease. This paragraph is subject to the exceptions of ordinary wear and tear, and unavoidable damage by fire, elements, casualty, or other cause or happening not due to Lessee's negligence. (B) LAWFUL POSSESSION; FIRE PRECAUTIONS; MACHINERY WEIGHTS Lessee shall not carry on any unlawful or immoral business in or about the Premises, and shall not carry on any business which will endanger the building from fire or cause a forfeiture of any fire insurance that Lessor has or may hereafter have on the Building. Lessee shall not conduct activities which would cause a forfeiture of any fire insurance; Lessee shall not operate any machinery or equipment that may be harmful to the building of disturbing to other occupants of the building, nor place weights in any portion of the Premises beyond the safe carrying capacity of the structure (C) SIGNS Lessee shall not place any signs upon the entrance of the Premises nor cause any lettering of any kind whatsoever to be placed upon the outside windows of the Premises. Lessee will be identified by name and business on any sign or directory to be placed outside or inside the building by Lessor for the purpose of identify- ing tenants, at the expense of the tenant. Lessee shall be responsible for all costs associated with the purchase, erection, maintenance and liability of such signs. (D) ALTERATIONS AND IMPROVEMENTS Lessee shall not have the privilege of improving or altering the Premises for Lessee's own purposes, unless Lessor approves any proposed improvement(s) in writing, and improvements are made at Lessee's expense, other than as provided prior to occupancy. -4- (E) ASSIGNING, ETC. BY LESSEE Lessee shall not, without first obtaining the prior written consent of Lessor: (i) assign, convey or otherwise transfer this Lease or any interest hereunder, or sub- lease the Premises, or any part hereof, whether voluntarily or by operation of Law; or (ii) pen the use of the Premises by any person other than Lessee and its employees. Any such transfer, sublease or use described in the preceding sentence (a "Transfer ") occurring without the prior written consent of Lessor shall be void and of no effect. Lessor's consent to any Transfer shall not constitute a Waiver of Lessor's right to withhold its consent to any future Transfer. Lessor's consent to any transfer or acceptance of rent from any party other than Lessee shall not release Lessee from any covenant or obligation under this Lease. Lessor's consent to any transfer shall not relieve Lessee's liability to Lessor for the payment of rent and other sums and for the perfonnance of all obligations of lessee under this Lease. Lessor shall require, as a condition to its consent to any transfer, that the Lessee and assignee execute an instrument which sets forth that Lessee shall not be released from its obligations under the Lease and that Assignee shall assume and agree to fulfill, observe and perform each an every covenant and obligation under the Lease from and after the effective date of such assignment In the event of a subletting of the Premises, Lessor shall, at its sole discretion, designate the real estate broker which will market the Premises. (F) TELEPHONE & COMPUTER WIRING If the Lessee desires to introduce telephone wires and computer wires, the Lessor will direct the manner of placing of same and without such direction, no installation of any such wiring will be permitted. The attaching of wires to the outside of the building is absolutely prohibited. Absolutely no actual wiring for Tenant telephone and computer system shall be performed by Lessor. All costs associated with such installation shall be the sole responsibility of Lessee. The building demarcation point ( "D- Marc ") is locked at all times. The D -Marc is in a secured location and remains locked at all times, unless requested by Lessee or other lessee's in the building. Lessee must notify and request the door to be opened no later than twenty -four (24) hours prior to Lessee requiring the D -Marc door to be opened. In the event Lessee does not provide Lessor with such prior notice a trip charge of $65.00 will be imposed to Lessee. (G) FIBEROPTIC COMMUNICATIONS If the Lessee desires to introduce certain fiber optic communication services into the Premises and /or building, the Lessor will direct the manner of placing of same and without such direction, no installation of any such cabling will be permitted. In the event the Building is equipped with fiber optic communication capabilities, Lessee shall utilize the service provider which is currently in place at the building. Lessee shall be solely responsible for all costs associated with such installation and utilization of such communication services. -5- In the event the Building is not equipped with fiber optic communication capabilities, Lessor shall, at its sole discretion, designate which communication service provider is to be utilized at the Building. Lessee shall be solely respon- sible for all costs associated with such installation charges incurred to equip the Building with fiber optic communication services, and all costs associated with the utilization of such service. Lessee further agrees that it shall be solely responsible for any and all damages which are incurred at the Building and /or Premises due to the installation of such service. (H) SATELLITE DISH /ROOF TOP ANTENNAS In no event shall any installation of satellite dishes or roof top antennas be installed at the Building in which the Premises are located without obtaining in each instance Lessor's prior written consent. All such installations shall be performed at Lessee's expense by Lessor or Lessor's contractors, or, with prior written consent of Lessor, may be performed by Lessee, at its expense, with contractors approved by Lessor and under such rules and procedures as Lessor may prescribe. Upon obtaining Lessor's consent to such installation, Lessor shall provide to Lessee a separate agreement ( "License Agreement ") which will grant Lessee the right to utilize the additional area under the terms and conditions as contained in the License Agreement. Lessee shall pay to Lessor in addition to its monthly rent payment as defined in Paragraph 4 of this Lease, a monthly usage fee which shall be determined at the time of Lessor's approval of the installation. (I) LOCKS It is agreed and understood that Lessor shall maintain, at all times, the Premises and the Building (including exterior and interior door locks) on its master keying system. Lessee shall not have the privilege of placing or causing to be placed any additional locks or bolts of any kind upon any of the doors or windows, nor shall any changes be made to any locks or the locking mechanisms therein, without Lessor's approval. Lessee shall not place or cause to be placed any interior locking and/or custom locking without Lessor's approval. Any interior or other custom locking desired by Lessee shall be performed by Lessor and/or its Subcontractor. Lessee shall reimburse Lessor for all costs incurred by Lessor associated with such installation. Any changes or re- keying of the locks will be at the sole expense of the Lessee. The doors leading to the corridors or main halls shall be kept closed during business hours except as they may be used for ingress or egress. Each Lessee shall, upon the termination of its tenancy, restore to Lessor all keys of offices, storage and toilet rooms either furnished to, or otherwise procured by, such Lessee, and in the event of the loss of any keys so furnished, such Lessee shall pay to Lessor the replacement cost thereof. -6- 10. LESSOR's RIGHTS (A) RIGHT OF INSPECTION It is agreed and understood that Lessor, Lessor's duly authorized agents, contractors, and employees may enter the Premises at reasonable times during the term, for the purposes of inspection, maintenance work, and to show the Premises to prospective tenants. (B) RULES AND REGULATIONS Lessee shall observe and comply and shall cause its subtenants, assignees, invitees, employees, contractors and agents to observe and comply, with the rules and regulations listed on Exhibit A attached hereto and with such reasonable modifications and additions thereto as Lessor may make from time to time. Lessor shall not be liable for failure of any person to obey such rules and regulations against any person, and the failure of any person to obey such rules and regulations shall not constitute a waiver or relieve Lessee from compliance therewith. No rules shall be arbitrary, but shall be reasonable in every respect. Strict adherence to these rules and regulations is necessary to guarantee that each and every tenant will enjoy a safe and undisturbed occupancy of its premises in the Building. Smoking is prohibited inside both the Premises and in the Building. Parking quantity and location shall be regulated by Lessor. 11. RESPONSIBILITY OF LESSEE (A) DAMAGES OR INJURY TO PROPERTY All damages or injuries done to the Premises by Lessee and/or Lessee's custom- ers, clerks, servants, agents, employees, visitors of Lessee, and individuals for whom Lessee is responsible, other than those caused by ordinary wear and tear, shall be repaired by Lessee under the direction of Lessor at the expense of Lessee. Lessee covenants and agrees to make such repairs upon twenty (20) days written notice given to Lessee by Lessor, and if Lessee shall neglect to make said repairs or commence to make the same promptly or complete the same within twenty (20) days after receiving such notice, Lessor shall have the right to make such repairs at the expense and cost of Lessee, and the amount thereof may be collected as additional rent accruing for the month following the date of the said repairs, and if said expense is made at the expiration of the term, then the cost so made may be collected by the Lessor as an additional rent for the use of the Premises during the entire term. (B) PAYMENT OF JUDGMENTS, ETC. Lessee shall bear, pay and discharge when and as the same become due and payable all judgments and lawful claims for damages or otherwise against Lessor, arising from Lessee's use or occupancy of the Premises, and will assume the burden and expense of defending all such suits, whether brought before or after the expiration of this Lease, and will protect, indemnify and save harmless Lessor, or Lessor's agents, servants and employees by reason of or on account -7- of the use or misuse of the Premises, or any part thereof, due to the negligence of Lessee and /or Lessee's agents, clerks, servants, employees, visitors, customers, and individuals for whom Lessee is responsible. (C) DISCHARGE OF LIABILITY In consideration of securing this Lease at the above - stated rent, Lessee does hereby release and discharge the Lessor, its agents, servants and /or employees, and said Lessor's successors and /or assigns, from any and all liability by reason of any injury, loss and /or damage to any person and /or property in the demised Premises, whether belonging to Lessee or any other person, caused by any fire, the breaking, bursting, stoppage and/or leakage of any water pipe, gas pipe, sewer, basin, water closet, steam pipe and drain in any part or portion of the Premises and /or ay part or portion of the building, of which the Premises is a part, and from all liability for any and all injury, loss and /or damage caused by the water, gas, steam, waste and contents of said water pipes, gas pipes, steam pipes, sewers, basins, water closets and drains, or from any king of injury, loss and /or damage which may arise from any other cause on the premises or in the building, unless directly attributable to Lessor's negligence. 12. RESPONSIBILITY OF LESSOR (A) PARTIAL OR TOTAL DESTRUCTION OF PROPERTY In the event that the Building or the Premises shall be totally or substantially damaged by fire or other casualty or happening, this Lease shall not terminate, but in such event Lessor agrees to repair, restore or rebuild the Premises, as the case may be, subject to the availability of insurance proceeds. Lessors' obligation to restore the Premises shall be limited to restoring those improvement in the Premises as of the date of such fire or other casualty which were made at Lessor's expense and shall exclude any furniture, fixtures, equipment, additions, alterations or improvements in the Premises which were made at Lessee's expense. The rent payable hereunder shall entirely abate in the case where the Premises is substantially destroyed or so damaged as to be rendered untenantable until the Premises shall have been restored, repaired, or rebuilt, as the case may be, and put in proper condition for use and occupancy. The rent payable here- under shall abate for the part of the Premises which is untenantable, or if it is not substantially destroyed but rendered untenantable, on a per diem basis from the date of such fire or other casualty until Lessor has substantially completed its repairs and restoration work, provided Lessee does not occupy such part of the Premises during said period. Partial destruction shall be restored within ninety (90) days from the date of destruction and complete destruction shall be completely rebuilt within one - hundred and eighty (180) days from the date of destruction to the extent feasible. In the event the Building or the Premises cannot be repaired, restored or rebuilt as aforesaid, and Lessor is not diligently pursuing such repair and restoration work, Lessee's sole remedy shall be the right to cancel and terminate this Lease without further liability on the part of each party. -8- (B) DAMAGE FOR INTERRUPTION OF USE Lessor shall not be liable for any damage, compensation or claim by reason of inconvenience or annoyance arising from the necessity of making repairs, alterations and /or additions to any portion of Premises, the interruption in the use of the Premises, or the termination of this Lease by reason of the destruction of the Premises. 13. LESSEE'S DEFAULTS AND REMEDIES OF LESSOR (A) DEFAULT The occurrence of any of the following shall constitute a default (a "Default ") by Lessee under this Lease: (i) Lessee fails to pay any Rent when due and such failure is not cured within fifteen (15) days from the date of the notice from Lessor; (ii) Lessee fails to perform any other provision of this Lease and such failure is not cured within thirty (30) days (or immediately if the, failure involves a hazardous condition) after notice from Lessor; (iii) the leasehold interest of Lessee is levied upon or attached under process of law; (iv) Lessee of any guarantor of this Lease dies or dissolves; (v) Lessee abandons or vacates the Premises; or (vi) any voluntary or involuntary proceedings are filed by or against Lessee or any guarantor of this Lease under any bankruptcy, insolvency or similar laws and, in the case of any involuntary proceedings, are not dismissed within sixty (60) days after filing. (B) RIGHT OF RE -ENTRY Upon the occurrence of a Default, Lessor may elect to terminate this Lease, or, Without terminating this Lease, terminate Lessee's right to possession of the Premises. Upon any such termination, Lessee shall immediately surrender and Vacate the Premises and deliver possession thereof to Lessor. Lessee grants to Lessor the right to enter and repossess the Premises and to expel Lessee and any Others who may be occupying the Premises and to remove any and all property There from, without being deemed in any manner guilty of trespass and without Relinquishing Lessor's rights to Rent or any other right given to Lessor here- Under or by operation of law. (C) RELETTING If Lessor terminates Lessee's right to possession of the Premises without Terminating this Lease, Lessor may relet the Premises or any part thereof. In such case, Lessor shall use reasonable efforts to relet the Premises on such terms as Lessor shall reasonably deem appropriate; provided, however, Lessor may first Lease Lessor's other available Premises and shall not be required to accept any Lessee offered by Lessee or to observe any instructions given by Lessee about such reletting. Lessee shall reimburse Lessor for the costs and expenses of reletting the premises including, but not limited to, all brokerage, advertising Legal, alteration and other expenses incurred to secure a new Lessee for the premises. In addition, if the consideration collected by Lessor upon any such reletting, after payment of the expenses of reletting the Premises which have not been reimbursed by Lessee, is insufficient to pay monthly the full amount of the -9- rent, Lessee shall pay to Lessor the amount of each monthly deficiency as it becomes due. If such consideration is greater than the amount necessary to pay the full amount of the rent, the full amount of such excess shall be retained by Lessor and shall in no event be payable to Lessee. (D) NON - WAIVER No waiver by Lessor of any breach by Lessee or any of Lessee's obligations agreements or covenants herein shall be waiver of any subsequent breach or of any obligation, agreement or covenant, nor shall any forbearance by Lessor to seek a remedy for any breach by Lessee be a waiver by Lessor of any rights and remedies with respect to such or any subsequent breach. (E) TERMINATION OF LEASE If Lessor terminates this Lease, Lessor may recover from Lessee and Lessee shall pay to Lessor, on demand, as and for liquidated and final damages, an accelerated lump sum amount equal to the amount of Lessor's estimate of the aggregate amount of Rent owing from the date of such termination through the expiration date plus Lessor's estimate of the aggregate expenses of reletting the Premises, exceeds Lessor's estimate of the fair rental value of the Premises for the same period (after deducting from such fair rental value the time needed to relet the Premises and the amount of concessions which would normally be given to a new Lessee), both discounted to present value at the rate of six percent (6 %) per annum. (F) RIGHTS AND REMEDIES CUMULATIVE No right or remedy herein conferred upon or reserved to Lessor is intended to be exclusive of any other right or remedy provided herein or by law, but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statue. (G) OTHER REMEDIES Lessor may but shall not be obligated to perform any obligation of Lessee under this Lease; and, if Lessor so elects, all costs and expenses paid by Lessor in performing such obligation, together with interest at the Default Rate, shall be reimbursed by Lessee or Lessor on demand. Any and all remedies set forth in this Lease: (i) shall be in addition to any and all other remedies Lessor may have at law or in equity, (ii) shall be cumulative, and (iii) may be pursued successively or concurrently as Lessor may elect. The exercise of any remedy by Lessor shall not be deemed an election of remedies or preclude Lessor from exercising any other remedies in the future. (H) ATTORNEY'S FEES Lessee shall be liable to Lessor for all costs and expenses, including reasonable attorney's fees incurred by Lessor in protecting or enforcing its rights under the Lease upon any default by Lessee with regard to any of Lessee's obligations under the Lease. -10- (I) SURRENDER Upon the default of this Lease by Lessee or termination of this Lease prior to the expiration of the Tenn of Lessee's right to possession of the Premises, Lessee shall return the Premises to Lessor in good order and condition, ordinary wear and insured damage by fire or other casualty accepted. Lessor, at its option, may require Lessee to remove any alterations which were made by Lessor on behalf of Lessee, such removal shall be done in a good and workmanlike manner; and upon such removal Lessee shall restore the Premises to its condition prior to the installation of such alterations. If Lessee does not remove such alterations after being requested to do so by Lessor, Lessor may remove the same and restore the Premises; and Lessee shall pay the cost of such removal and restoration to Lessor upon demand. Lessee shall also remove its furniture, equipment, trade fixtures and all other items of personal property from the Premises prior to the tennina- tion of the Tenn or Lessor's right to possession of the Premises and shall restore the carpeting to its move in condition. If Lessee does not remove such items, Lessee shall be conclusively presumed to have conveyed the same to landlord without further payment or credit by Lessor and Lessee; or at Lessor's sole option such items shall be deemed abandoned, in which event Lessor may cause such items to be removed and dispensed of at Lessee's expense, without notice to Lessee and without obligation to compensate Lessee. (J) BANKRUPTCY If Lessee becomes bankrupt, the bankruptcy trustee shall not have the right to assume and assign this Lease unless the trustee complies with all requirements of the United States Bankruptcy Code; and Lessor expressly reserves all of its rights, claims and remedies thereunder. 14. ACCEPTANCE OF NOTICE TO QUIT; DISPOSSESSION; WAIVER OF REMEDIES BY LESSEE; WAIVER OF DEMAND Lessee hereby accepts notice to quit, remove from, and surrender up possession of, the premises to Lessor at the expiration of the term hereof, whenever it may be determined. On failure to pay rent due'for fifteen (15) days, or upon breach of any other condition of this Lease, as possible modified by Section thirteen (13) hereof, despite the distraint, Lessee shall be a nontenant, subject to dispossession by Lessor, without further notice or process of law, with release of error and of damages, and Lessor may re -enter the premises and dispossess Lease without thereby becoming a Trespasser. Lessee hereby waives the benefit (s) of all exemption laws of this Commonwealth that now are in force or may hereinafter be in force, or in any action or actions that may accrue on this Lease, and in any distress or distresses that may be made for collection of the whole of said rent, or any part thereof. Lessee does also hereby waive any and all demands for payment of the rent herein provided for, either on the day due or on any other day, either on the land itself or in any other place, and agrees that such demand shall not be a condition of re -entry or of recovery of possession without legal process or by means of any action or proceeding whatsoever. -11- 15. CONFESSION OF JUDGMENT If rent and /or charges hereby reserved as rent shall remain unpaid for fifteen (15) days beyond any day when the same ought to be paid, and after fifteen (15) days written notice from Lessor, Lessee hereby empowers any Prothonotary or Attorney of any Court of Record to appear for Lessee; in any all actions which may be brought for rent and /or the charges, payments, costs and expenses reserved as rent, or agreed to be paid by Lessee and /or to sign for Lessee an Agreement for entering in any competent Court an amicable action or actions for the recovery of rent or other charges or expenses and in said suit(s) or in said Amicable action or actions to confess judgment against Lessee for all or any part of the rent specified in this Lease and then unpaid including the rent for the entire unexpired balance of the term of this Lease, and /or other charges, payments, costs and together with all attorney's fees and expenses incurred by Lessor. Judgment in ejectment as herein provided may be entered concurrently therewith. Judgment may be confessed repeatedly until any deficiency is collected. 16. EJECTMENT If rent and /or charges hereby reserved as rent shall remain unpaid for fifteen (15) days beyond any day when the same is due, and after fifteen (15) days written notice from Lessor, it is agreed that an amicable action of ejectment may be entered in the Court of Common Pleas, in which Lessor shall be Plaintiff and Lessee, and all who come into possession during the term or continuance of this Lease or under this Lease shall be Defendants, and Lessee hereby authorizes and empowers any attorney of any court of Record to appear for Lessee in such amicable action of ejectment and to confess Judgment therein in favor of Lessor for possession of the leased premises, and Lessee further authorizes the immediate issuance of a writ of possession to Lessor without leave of court. Lessor shall have the right to concurrently confess judgment for money and for possession. 17. CONSENT TO JURISDICTION Lessee thereby consents to the jurisdiction and venue of the Courts of Common Please of Cumberland County, Pennsylvania and/or the United States District Court for the Middle District of Pennsylvania in any and all actions or proceedings arising from this Lease and irrevocably agrees to service of process by personal service upon Lessee, wherever Lessee may be located or by certified or registered mail, return receipt requested, directed to Lessee at its last know address. 18. REMEDIES CUMULATIVE All remedies of Lessor herein shall be cumulative and concurrent. 19. POSSESSION DEFINED Possession of the Premises includes the exclusive use of the same, together with the use, in common with any other occupants of the Building, of the hallways, stairs, toilet rooms, water and parking area. -12- .r 20. CONDEMNATION In the event that the Premises or any part thereof is taken or condemned for a public or Quasi - public use, this Lease, shall, as to the part so taken, terminate as of the date title shall vest in the condemner, and rent shall abate in proportion to the square feet of lease Premises taken or condemned, or shall cease if the entire Premises be so taken. If a part taken substantially and unreasonably interferes with the function and efficiency of Lessee's business, Lessee may terminate this Lease on the remaining portion of the Premises, by delivering thirty (30) days written notice to Lessor. In any event, Lessee waives all claims against Lessor by reason of the complete or partial taking of the Premises 21. SUBORDINATION The rights and interests of Lessee under this Lease shall be subject and subordinate to any mortgage(s) that may be placed upon the Premises and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements and extensions thereof. 22. ASSIGNMENT BY LESSOR Lessor may assign its interest in this Lease, or any part thereof, and such assignee shall thereupon be deemed Lessor hereunder. 23. QUIET ENJOYMENT Lessee, upon paying the said rent and performing the covenants of this Lease, on its part to be performed, shall and may peaceably and quietly have, hold and enjoy the Premises for the term aforesaid and any herein duly authorized additional term, subject, however, to the exceptions, reservations and conditions of this Lease. Lessor hereby reserves the right to prescribe, at its sole discretion, reasonable rules and regulations governing the use and enjoyment of the Premises and the remainder of the Property. Lessee shall adhere to the rules and regulations and shall cause its agents, employees, invitees, visitors and guests to do so. 24. SECURITY DEPOSIT Upon the execution of this Lease, Lessee shall deposit with Lessor a security deposit of $3319.00 for the perfonnance of all terns, covenants and conditions of the Lease. Lessee agrees to forfeit said security deposit to Lessor upon failure to completely satisfy any and /or all tenns and covenants of the Lease Agreement. This deposit shall be non - interest bearing and will be retained in its entirety for the full term of this Lease. 25. SUBSTITUTION OF OTHER PREMISES At any time hereafter, Lessor may upon thirty (30) days' prior notice to Lessee, substitute for the Premises other Premises in the Building or into any other building which is owned and /or managed by Lessor or any other entity controlled by the Principals of Lessor (the "New Premises "), provided that the New Premises shall be responsibly usable for Lessee. Lessor shall pay the expenses of moving Lessee from the Premises to the new Premises and for improving the New Premises so that they are substantially similar to the Premises. 1 -13- 26. RENEWAL OPTION Lessee shall have the right and option of renewing this Lease upon the same terms and conditions as herein contained, for one (1) additional (2) year period, provided that: (A) The rental paid during the renewal term shall be the rental paid at the end of the original term, in addition to an annual adjustment to be negotiated with the Lessor. (B) Lessee is not in default hereunder. (C) Lessee gives written notice by certified mail or nationally recognized overnight courier of its exercise of this option not less than one - hundred twenty (120) days prior to the expiration of the original term or any hereinbefore duly authorized additional term, time being of the essence in giving of such notice. 27. NOTICES All notices and demands to be given one party to the other party under this Lease shall be given in writing, mailed or delivered to Lessee or Lessor, as the case may be, at the address set forth above or at such address as either party may hereafter designate. Notices shall be delivered by hand, or by United States certified or registered mail, postage prepaid, return requested, or by a nationally recognized overnight air courier. 28. BROKER Lessee represents that no broker procured this Lease or is entitled to any commission in Connection herewith. Lessee agrees to indemnify, defend and hold Lessor, its property Manager and its respective employees harmless from and against any claims for a free or Commission made by any broker claiming to have acted by or on behalf of Lessee in Connection with this Lease. Notwithstanding anything to the contrary contained herein, Lessor shall not be Responsible for any fees or commission in connection with the extension, renewal, Expansion, early termination or any other modifications made to the Lease (the "Modification "). In the event Lessee procures a broker ( "Lessee's Broker ") to assist Lessee in its negotiations of a Modification, Lessee shall be solely responsible for the direct payment of any such fees or commissions due to Lessee's Broker. Lessee agrees to indemnify, defend and hold Lessor harmless, its properly manager and its respective employees harmless from and against any claims for a fee or commission made by Lessee's Broker or any other broker claiming to have acted by or on behalf of Lessee in connection with any Modification. 29. LEASE CONTAINS ALL AGREEMENTS It is expressly understood by the parties that the whole agreement between them is embodied in this Lease (executed in duplicate), and that no part or items are omitted, unless the same be hereinafter modified by written agreement(s). 30. HEIRS, ETC. This Lease shall be binding upon the parties hereto and their respective successors and /or assigns. -14- 31. EXECUTION AND DELIVERY Submission of this Lease for examination or signature by Lessee is neither an offer, an option for lease, a reservation of space nor a contract. No party shall have any legal rights or obligations on account of this Lease, and no party shall rely upon the Lease unless and until full execution of the Lease. Lessor shall never be obligated to execute this Lease or be liable for its failure or refusal for any reason or no reason to do so, even after extended negotiations and /or agreement in principal and /or execution or acceptance of proposals, terms sheets or letters of intent. 32. HEADINGS NO PART OF LEASE Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Lease, nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, company name , as Lessor, has caused this instrument to be signed on the date and year first below written. WITNESS: LESSOR: FOUR LEMOYNE DRIVE ASSOCIATES, LLC r 1�1 B Dat - 2 -- Z ou' =J: Capoz r., S Membe Tax ID IN WITNESS WHEREOF, name of tenant L ee, has caused this Instrument to be signed on the date and year first below written. ESS: LESSEE: m . ADAM TECHNOLOGY PARTNERS, LLC. BY Date L u A. nto, Jr., Director C9 7- �� / Tax ID# -15- EXHIBIT "A" RULES AND REGULATIONS This Exhibit "A" is attached to and made a part of that Agreement of Lease dated February 1, 2012 (the "Lease ") between FOUR LEMOYNE DRIVE ASSOCIATES, LLC ( "Lessor "), and ADAM TECHNOLOGY PARTNERS, LLC (the "Lessee "). Unless the context otherwise requires, the terms used in this Exhibit that are defined in the Lease shall have the same meaning as provided in the Lease. The following rules and regulations have been formulated for the safety and well -being of all Lessees of the Building and to insure compliance with governmental and other requirements. Strict adherence to these rules and regulations is necessary to guarantee that each and every Lessee will enjoy a safe and undisturbed occupancy of its premises in the Building. Any continuing violation of these rules and regulations by Lessee shall constitute a default by Lessee under the Lease. Lessor may, upon request of any Lessee, waive the compliance by such Lessee of any of the following rules and regulations, provided that (i) no waiver shall be effective unless signed by Lessor's authorized agent, (ii) any such waiver shall not relieve such Lessee from the obligation to comply with such rule or regulation in the future unless otherwise agreed to by Lessor, (iii) no waiver granted to any Lessee shall relieve any other lessee from the obligation of complying with these rules and regulations, unless such other Lessee has received a similar written waiver from Lessor, and (iv) any such waiver shall not relieve such Lessee from any liability to Lessor for any loss or damage occasioned as a result of such Lessee's failure to comply. 1. The sidewalks, entrances, passages, court, elevators, vestibules, stairways, corridors, roof, halls and other parts of the Building not exclusively occupied by any Lessee shall not be obstructed or encumbered by any Lessee or used for any purpose other than ingress and egress to and from each Lessee's premises. Lessor shall have the right to control and operate the public portions of the Building, and the facilities furnished for common use of the Lessees, in such manner as Lessor deems best for the benefit of the Lessees generally. No Lessee shall permit the visit to its premises of persons in such numbers or under such conditions as to interfere with the use and enjoyment of the entrances, corridors, elevators as to interfere with the use and enjoyment of the entrances, corridors, elevators and other public portions or facilities of the Building by the Lessees. 2. No awnings or other projections shall be attached to the outside walls of the Building without the prior written consent of Lessor. No drapes, blinds, shades or screens shall be attached to or hung in, or used in connection with any window or door of the Premises, without the prior written consent of Lessor. All awnings, projections, curtains, blinds, shades, screens and other fixtures must be of a quality, type, design and color, and attached in the manner approved by Lessor. 3. No Showcases or other articles shall be put in front of or affixed to any part of the exterior of the Building or any Lessee's premises, nor placed in the halls, corridors or vestibules without the prior written consent of Lessor. 4. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were constructed, and no debris, rubbish, rags or other substances shall be thrown therein. All damage resulting from any misuse of the fixtures shall be borne by the Lessee who, or whose servants, employees, agents, visitors or licensees shall have caused the same. 5. There shall be no marking, painting, drilling into or defacement of the Building or any part of any Lessee's. Lessee's shall not construct, maintain, use or operate within their respective premises any electrical device, wiring or apparatus in connection with a loud speaker system or other sound system, except as reasonably required as part of a communication system approved prior to the installation thereof by Lessor. No such loud speaker or sound system shall be constructed, maintained, used or operated outside the premises of any Lessee. 6. No bicycles or vehicles and no animals, birds or pets of any kind shall be brought into or kept in or about the Building or any Lessee's premises, except that this rule shall not prohibit the parking of bicycles or vehicles in areas specifically designated therefore by Lessor. No cooking or heating of food shall be done or permitted by any Lessee on its premises except for prepared in portable microwave ovens (provided that no odors are emitted). No Lessee shall cause or permit any unusual or objectionable odors to be produced upon or permeate from its premises. 7. No Premises in the Building shall be used for the manufacture of goods for sale in the ordinary course of business, or for the sale at auction of merchandise, goods or property of any kind. Furthermore, the use of its premises by any Lessee shall not be changed without the prior approval of Lessor. 8. No Lessee shall make any unseemly or disturbing noises or disturb of interfere with the occupants of the Building or neighboring buildings or premises or those having business with them, whether by the use of any musical instrument, radio, talking machine, whistling, singing, or in any other way. No Lessee shall throw anything out of the doors or windows or into or down the corridors or stairs of the Building. 9. No flammable, combustible, or explosive fluid, chemical or substance shall be brought into or kept upon the Premises. 10. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by any Lessee, nor shall any changes be made in any existing locks or the locking mechanism therein, without Lessor's approval. The doors leading to the corridors or main halls shall be kept closed during business hours except as they may be used for ingress or egress. Each Lessee shall, upon the termination of its tenancy, restore to Lessor all keys of stores, offices, storage and toilet rooms either furnished to, or otherwise procured by, such Lessee and in the event of the loss of any keys so furnished, such Lessee shall pay to Lessor the replacement cost thereof. Lessee' key system shall be separate from that for the rest of the Building. 11. Lessor reserve the right to inspect all freight to be brought into the Building and to exclude from the Building all freight which violates any of these rules and regulations of the Lease. 12. No Lessee shall pay for any employees on its premises, except those actually working for such Lessee at the Lessee's premises. 13. The Premises shall not, at any time, be used for lodging or sleeping of for any immoral or illegal purposes. 14. Lessee assumes full responsibility for protecting the Premises from theft, and each Lessee, before closing and leaving the Premises at any time, shall see that all doors and windows are closed and locked, and all lights turned off. 15. Lessor's employees shall not perform any work or do anything outside of their regular duties, unless under special instruction from the management of the Building. The requirements of Lessees will be attended to only upon application to Lessor, and any such special requirements shall be billed to Lessee (and aid when the next installment of rent is due) in accordance with the schedule of charges maintained by Lessor from time to time or at such charge as is agreed upon in advance by Lessor and Lessee. 16. Canvassing, soliciting and peddling in the Building and on the Property are prohibited and each Lessee shall cooperate to prevent the same. Peddlers, solicitors and beggars shall be reported to Lessor. 17. There shall not be used in any Premises, or in the public halls of the Building. Either by any Lessee or by jobbers or others in the delivery or receipt of merchandise, any hand trucks, except those equipped with rubber tires and side guards. Lessee shall be responsible to Lessor for any loss or damage resulting from any deliveries made by or for Lessee to the Building. 18. Mats, trash or other objects shall not be placed in the public corridors of the Building. 19. Lessor does not maintain suite finishes which are non - standard, such as kitchens, bathrooms, wallpaper, special lights, etc. However, should the need arise for repairs of items not maintained by Lessor, Lessor will arrange for the work to be done at Lessee's expense. 20. Drapes installed by Lessor for the use of Lessee or drapes installed by Lessee, with Lessor's approval, which are visible from the exterior of the Building, must be cleaned by Lessee at least once a year, without notice, at the Lessee's own expense. 21. The Building directory located in the Building lobby as provided by Lessor shall be available to Lessee solely to display its name and location in the Building, which display shall be as directed by Lessor. 22. Lessee shall not cause any unnecessary janitorial labor or services by reason of Lessee's carelessness or indifference in the preservation of good order and cleanliness. 23. Lessee shall not install linoleum, tile or carpet or other floor covering so that the same shall be affixed to the floor of the Premises in any manner except as approved by Lessor. 24. Carpets must be restored to the condition they were in at the time of commencement of lease 25. No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the elevators, except between such hours and in such elevators and other such other conditions as shall be designated by Lessor. 26. Lessee shall not waste heat or air - conditioning and shall cooperate fully with Lessor to assure the most effective operation of the Building's heating and air - conditioning, and shall refrain from attempting to adjust any controls other than room thermostats installed for Lessee's use. 27. Lessor shall have sole power and discretion to control the quantity, size, location, and design of all Lessee identification signage. No such signage shall be erected without Lessor's written consent. 28. The loading dock area is exclusively reserved for authorized traffic and Lessee shall not use same for temporary parking. 29. No eating, drinking, sleeping, or loitering shall be permitted in the lobby areas. 30. Lessee shall not dispose of any foreign substances in the toilets, urinals, sinks or other washrooms facilities, not shall Lessee permit such items to be used other than for their intended purposes; and Lessee shall be liable for all damages as a result of a violation of this rule. 31. Lessee in no event shall allow its employees, subtenants, assignees, invitees, contractors or agents to smoke in the Premises or in the public areas of the Building. 32. Lessor may from time to time alter or amend these Rules and Regulations, and Lessee shall comply with the Amended Rules and Regulations. ' FOUR. LEMOYNE DRIVE ASSOCIATES, LLC SUITE 305 355 N. 21' STREET CAMP HILL, PA. 17011 Adam. Technology Partners LLC INVOICE #004 Suite 201. 4 Lemoyne Drive DATE: August 1_5, 201.3 Lemoyne, PA 17043 RE: Money due Four Lemoyne .Drive Associates, LLC 5/1/1.3 Rent balance due $612.20 Balance Due $ 612.20 6/1/13 Rent $3,436.00 Late Fee $1.71.80 $4,220.00 7/1 /13 Rent $ 3,436.00 Late Fee $171.80 $7,827.80 8/1/13 Rent $3,436.00 Late Fee $1.71.80 $11,435.60 9/1/I3 to 1/1/14 Rent $3.436.00 x 5 months $17,1.80.00 $28,615.60 2/1/14 to 1/31/15 Rent $3,557.00 x 12 months $42,684.00 $71,299.70 2/1/15 to 7/31/15 Rent $3,682.00 x 6 months $22,092.00 $93,391.60 Invoice dated 9/4/12 $180.00 $93,571.60 TOTAL DUE UPON RECEIPT $93,57L.60 Please make checks payable to Four Lemoyne Drive Associates, LLC and mail to the above address. Thanks EXHIBIT Capozzi Adler, P.C. P. O. Box 5866 Harrisburg, PA 17110 Telephone: (717) 233 -4101 Fax: 717- 233 -4103 As at Aug 15, 2013 Four Lemoyne Drive Associates, LLC P. O. Box 5866 Harrisburg, PA 17110 REMINDER NOTICE Bill Date Matter # Inv # Billed Int Due Paid Due Aging Oct -24 -12 1454 -08 67038 125.00 14.49 0.00 139.49 > 120 days Nov -14 -12 1454 -08 67893 125.00 13.19 0.00 138.19 > 120 days May -17 -13 1454 -08 70722 122.50 1.81 0.00 124.31 < =120 days Aug -15 -13 1454 -08 72666 842.50 0.00 0.00 842.50 < =30 days Totals $1,215.00 $29.49 $0.00 $1,244.49 Balance Due and Owing $1,244.49 Your account is past due. If you require copies of any of the invoices listed above, please call our Billing Department. Your prompt attention to these past -due invoices would be greatly appreciated. if payment has already been sent, please disregard this notice. Louis J. Capozzi, Jr., Esquire* Daniel K. Natirboff, Es quire Cpp ti Wi. , 1200 Camp Hill Bypass Donald R. Reavey, Esquire r, Camp Hill, PA 17011 a'. Craig I. Adler, Esquire Mailing Address: P.O. Box 5866 Andrew R. Eisemann, Esquire Harrisburg, PA 17] ]0 Bruce G. Baron, Esquire Dawn L. Richards, Esquire Telephone: (717) 233 -4101 Matthew A. Thomsen, Esquire# Facsimile: (717) 233 -4103 Brandon S. Williams, Esquire www.capozziadler.com Paul R. Van Fleet, Esquire Marc A. Crum, Esquire Timothy Ziegler, Sr. Reimb. Analyst Mid -Penn Abstract Company Erin E. Motter, Jr. Reimb. Analyst 1 >, F Charter Settlement Company Karen L. Fisher, Paralegal ' Telephone: (717) 234 -3289 Keyoung J. Gill, Paralegal k Facsimile: (717) 234 -1670 Gwenn M. Keene, Paralegal *(Licensed in PA, NJ and MD) * *(Licensed in PA and NJ) August 1, 2013 Tony Santo ADAM Technology Partners, LLC 4 Lemoyne Drive, Suite 104 Lemoyne, PA 17043 RE: Notice of Default Dear Mr. Santo, This law firm represents Four Lemoyne Drive Associates, LLC with regard to the commercial lease executed February 1, 2012, for the office space at 4 Lemoyne Drive, Suite 104, Lemoyne, PA 17043 (the "Lease"). This letter constitutes formal notice of default under Section 13(A) of the Lease for unpaid rent through July 31, 2013. Furthermore, the rent for August 2013 is due and payable, and so the total amount of unpaid rent according to our records is $11,263.80, including late fees. You have fifteen (15) days from the date of this notice to cure this default, or our client will be forced to pursue alternative remedies, such as an action in confession of judgment, to collect all rent currently due. Please contact our offices immediately to arrange payment. Sincerely, r .. aul R. Van Fleet, Esq. EXHIBIT d Louis J. Capozzi, Jr., Esquire* Daniel K. Natirboff, Esquire w' � 1200 Camp Hill Bypass Donald R. Reavey, Esquire ° a Camp Hill, PA 17011 Craig 1. Adler, Esquire Andrew R. Eisemann Esquire "a Mailing Address: P.O. Box 5866 Bruce G. Baron, Esquire ?: Harrisburg, PA 17110 Dawn L. Richards, Esquire ** Telephone: (717) 233 -4101 Matthew A. Thomsen, Esquire . Facsimile: (717) 233 -4103 Brandon S. Williams, Esquire * ;, Paul R. Van Fleet, Esquire www.cLipozziadler.com Marc A. Crum. Esquire x' Timothy Ziegler, Sr. Reimb. Analyst Mid -Penn Abstract Company Erin E. Molter, Jr. Reimb, Analyst Charter Settlement Company Karen L. Fisher, Paralegal, Telephone: (717) 234 -3289 Keyoung J. Gill, Paralegal Facsimile: (717) 234 -1670 GWenn M. Keene, Paralegal *(Licensed in PA, NJ and MD) * *(Licensed in PA and NJ) August 1, 2013 Tony Santo ADAM Technology Partners, LLC 4 Lemoyne Drive, Suite 104 Lemoyne, PA 17043 RE: Notice of Default Dear Mr. Santo, This law firm represents Four Lemoyne Drive Associates, LLC with regard to the commercial lease executed February 1, 2012, for the office space at 4 Lemoyne Drive, Suite 104, Lemoyne, PA 17043 (the "Lease "). This letter constitutes a formal notice of our client's intention to confess judgment against you in the Court of Common Pleas of Cumberland County, Pennsylvania, pursuant to Section 15 of the lease, because of rent monies due that are greater than 15 days in arrears. The total amount of rent monies owed, including late fees, is $11,263.80, You have fifteen (15) days from the date of this notice to cure this default, or our client will file an action in confession of judgment to collect all rent currently due, all charges, payments, costs, and expenses reserved as rent, and the entire unexpired balance of rent due under the term of the Lease. Please contact our offices immediately to arrange payment. Sincerely,-- _ Paul R. Van Fleet, Esq. EXHIBIT FOUR LEMOYNE DRIVE ASSOCIATES, IN THE COURT OF COMMON PLEAS LLC, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Docket No.: ADAM TECHNOLOGY PARTNERS, LLC Defendants Civil Action - Law NOTICE UNDER PA.R.C.P RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: ADAM Technology Partners, LLC, Defendant: A judgment in the amount of $94,816.09, plus post judgment interest, attorneys' fees and costs of suit, has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a Confession of Judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (3'0) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717- 249 -31 �-� Date: 1`3 ;mQ M Marc Crum, Esqui e Att ey I.D. No.: 91273 ° C pozzi Adler, P.C. v P.O. Box 5866 = C) e c r Harrisburg, PA 17110 (717) 233 - 4101 Attorneys for Plaintiff FOUR LEMOYNE DRIVE ASSOCIATES, IN THE COURT OF COMMON PLEAS LLC, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Docket No.: 1 - �� 2 L / 0/ ADAM TECHNOLOGY PARTNERS, LLC Defendants Civil Action - Law CERTIFICATE OF RESIDENCE UNDER RULE 2951 I do hereby certify that the precise residence and complete post office address of the Plaintiff, Four Lemoyne Drive Associates, LLC is 1200 Camp Hill Bypass, Suite 205, Camp Hill, PA 17011. I do hereby certify that the precise residence and complete post office address of the Defendant, is ADAM Technology Partners, LLC, 3117 Chestnut Street, Camp Hill, PA 17011. CAPOZZI ADLER, P.C. Marc . Crum, Esquire Atto ey I.D. No.: 91273 Ca zzi Adler, P.C. P.O. Box 5866 Harrisburg, PA 17110 (717) 233 -4101 Attorney for Plaintiff, Four Lemoyne Drive Associates, LLC Dated: f I q - { c MW r CC,) r— s r CC3 — v; � Cn FOUR LEMOYNE DRIVE ASSOCIATES, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. : Docket No.: / 3 ADAM TECHNOLOGY PARTNERS, LLC _ " `�� L ✓M Defendants Civil Action - Law Rule 236 NOTICE OF ENTRY OF JUDGMENT NOTICE OF DEBTOR'S RIGHTS TO: ADAM Technology Partners, LLC, Defendant You are hereby notified that on by confession was entered against you in the s4 of $94,816.09, plus Post-judgment reasonable attorney fees, and costs of suit post jgment i to e DATE: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 1 hereby certify that the following is the address of the Defendant(s) stated in the certificate of residence: ADAM Technology Partners, LLC 3117 Chestnut Street Camp Hill, PA 17011 CAPOZIA ADLER, P.C. Marc Crum, Esquire Atto ey I.D. No.: 91273 P. . Box 5866 arrisburg, PA 17110 (717) 233 -4101 Attorney for Plaintiff, ADAM Technology Partners, LLC, Defendido/a Usted esta siendo notificado que el del 2013, se anoto en contra suya un fallo por confesion en suma de $94,816.09 en el caso mencionado en el epigrafe. FECHA: Protonotario USTED DEBE LLEVAR INMEDIATAMENTE ESTE DOCUMENTO A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 Certifico que la. siguiente direccion es la del defendido /a segun indicada en el certificado de residencia: ADAM Technology Partners, LLC 3117 Chestnut Street Camp Hill, PA 17011 Abogado del Demandante SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson O F!'; Sheriff �4ti�'Ax�v qt tirw�b�r•��b Jody S Smith 1013',3EP 16 PM Chief Deputy Cz � �? Richard W Stewart CUMBERLAND COUNTY Solicitor OFFICE OF TmE SHERIFr PENNSYLVANIA Four Lemoyne Drive Associates, LLC Case Number vs. Adam Technology Partners, LLC 2013-4924 SHERIFF'S RETURN OF SERVICE 09/12/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Adam Technology Partners, LLC, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Confession of Judgment for Money& Notice under PA.R.C.P. Rule 2958.1 of Judgment and Execution theron Notice of Defendant's Rights as"Not Found"at 3117 Chestnut Street, Camp Hill Borough, Camp Hill, PA 17011. SHERIFF COST: $44.95 SO ANSWERS, September 12, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Te!eosoft,Inc. FOUR LEMOYNE DRIVE ASSOCIATES, : IN THE COURT OF COMMON PLEAS LLC, : OF CUMBERLAND COUNTY, ; PENNSYLVANIA x.:.) Plaintiff • me ° 74:1 v. : Docket No.: 13-4924 --3 ADAM TECHNOLOGY PARTNERS, LLC : -<? ° C) Defendants : Civil Action - Law =o • _....G �; PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Pursuant to Pa. R.C.P. 401, please reinstate the above-captioned Complaint, attached. Date: it /`j ar A. Crum, Es• .ire Atttrney I.D. No.: 91273 C.pozzi Adler, P.C. P.O. Box 5866 arrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff tt i ) .7 P_Af Do( s C C �L qq SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ( i Jody S Smith ;»,. Chief Deputy 10 1" 3 0 Ki Richard W Stewart i l9�:yEt�� Solicitors E _ EW,1SYLVAIA11A Four Lemoyne Drive Associates, LLC vs. Case Number Adam Technology Partners, LLC (et al.) 2013-4924 SHERIFF'S RETURN OF SERVICE 10/09/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Louis Santo, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint in Confession of Judgment according to law. 10/16/2013 01:50 PM -The requested Complaint in Confession of Judgment served by the Sheriff of York County upon Joy Santo, Spouse, who accepted for Louis Santo, at 312 Meadow Trail, Dillsburg, PA 17019. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, October 25, 2013 RbNW R ANDERSON, SHERIFF u-11 SuJto•hart',Te SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations 4k Chief Deputy,Administration FOUR LEMOYNE DRIVE ASSOCIATES, LLC, Case Number vs. 13-4924 CIVIL ADAM TECHNOLOGY PARTNERS. LLC (et al.) SHERIFF'S RETURN OF SERVICE 10/16/2013 01:50 PM - DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CONFESSION OF JUDGMENT(CONF JUDG) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE JOY SANTO, SPOUSE, WHO ACCEPTED AS"ADULT PERSON IN CHARGE" FOR LOUIS SANTO AT 312 MEADOW TRAIL, DILLSBURG, PA 17019. MICHAEL IfONOVAN, DEPUTY SHERIFF COST: $45.60 S S, October 22, 2013 RICHARD P KEUE EBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E.Cook,Notary Public City of York,York County My Commission Expires Feb.1,2017 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES NOTARY Affirmed and subscribed to before me this 22ND day of OCTOBER 2013 FOUR LEMOYNE DRIVE ASSOCIATES, IN THE COURT OF COMMON PLEAS OF LLC, ; CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Docket No.: 13-4924 ADAM TECHNOLOGY PARTNERS, LLC, 314 Meadow "fi`rb-Z t Defendant Civil Action - Law 'a;ttsbu"9 affi`t�o� INTEGRITY BANK, Nqb? 4�(4 �"tt�►+ 1 tj ;T 4 ;;f`. and CITIZENS BANK, w 4101 GxUM PLO-Garnishees I'Ul/ PRAECIPE FOR WRIT OF EXECUTION — :}c FOR ATTACHMENT AND GARNISHMENT OF BANK ACCOUNTS HELI & '' — DEFENDANT AT INTEGRITY BANK AND CITIZENS BANK ' "CONFESSED JUDGMENT" TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue Writ of Execution in the above matter: 1. Directed to the Sheriff of Cumberland County, Pennsylvania 2. Against Adam Technology Partners, LLC, Defendant; and 3. Integrity Bank and Citizens Bank, Garnishees; and 4. Enter this Writ in the Judgment Index against Integrity Bank and Citizens Bank, Garnishees, as a lis pendens against the personal property of the Defendant as follows: Proceed to levy upon any and all property of the Defendant located at any branch with a local address of: Integrity Bank,4407 Carlisle Pike, Camp Hill,PA 17011 Citizens Bank, 4101 Carlisle Pike, Camp Hill, PA 17011. 5. This Praecipe is based upon a confessed judgment. The Prothonotary is authorized to issue the Writ of Execution because notice has been served pursuant to Rule 2958.1 as evidenced by a return of service filed of record. 6. Amount Due Judgment entered 8/19/13 $94,816.09 Interest from 8/19/13 $ 935.17 Attorney's fees from 8/19/13 $ 561.00 SUBTOTAL: $96,312.26 Costs to be added TOTAL: * Plus post-judgment interest at the legal rate of 6% per annum, reasonable attorney's fe s, aAd costs of collection. Date: —////V/3 ,�, ''_tt Marc . Crum, Esquire co CLO-t-, Atto ey I.D. #91273 L N A6 S Ca zzi Adler,P.C. {t a+ P. O. Box 5866 3�. C3t� Harrisburg, PA 17110 .(717) 233-4101 t � Attorneys for Plaintiff k� � WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-4924 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FOUR LEMOYNE DRIVE ASSOCIATES, LLC Plaintiff(s) From ADAM TECHNOLOGY PARTNERS,LLC.,312 MEADOW TR61;1, DILLSBURG,PA 17109 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: LEVY UPON ANY AND ALL PROPERTY OF THE DEFENDANT LOCATED AT ANY BRANCH WITH A LOCAL ADDRESS OF: INTEGRITY BANK,4407 CARLISLE PIKE,CAMP HILL,PA 17011 CITIZENS BANK,4101 CARLISLE PIKE,CAMP HILL,PA 17011 and to notify the garnishee(s)that: (a) an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$94,816.09 Plaintiff Paid$ Interest FROM 8/19/13-$935.17 Attorney's Comm. % Law Library$.50 Attorney Paid$168.70 Due Prothonotary$2.25 Other Costs$561.00 ATTORNEY FEES FROM 8/19/13 ' Date: 11/22/13 -1 dyi(�,' �j J� I David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name : MARC A.CRUM,ESQUIRE CAPOZZI ADLER,P.C. Address: P.O. BOX 5866 HARRISBURG,PA 17110 Attorney for: PLAINTIFF Telephone: 717-233-4101 Supreme Court ID No. 91273 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson : j _U Sheriffs+ r; yy of s iNrity Jody S Smith Chief Deputy JC Richard W Stewart Clal�lBE�LAIID CG11, ' Solicitor PENNSYLVANIA Four Lemoyne Drive Associates, LLC Case Number vs. Adam Technology Partners, LLC (et al.) 2013-4924 SHERIFF'S RETURN OF SERVICE 11/27/2013 09:23 AM - Brian Grzyboski, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Citizens Bank, 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Tabitha Zarichansky- Personal Universal Banker, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. 4/1110:44: / /H/ BRIAN GRZY:o KI, Di t TY SO ANSWERS, December 02, 2013 RONR ANDERSON, SHERIFF sU« f Tcl.;osof'. . ,. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , L I JE i 'i- Sheriff lit: ,, g;, Au of"... abee, , Tr Jody S Smith Chief Deputy ,,t, _ Vii' 2 Richard W Stewart CUMBERLAND COUNT`` Solicitor g "F ' = PENNSYLVANIA Four Lemoyne Drive Associates, LLC vs. Case Number Adam Technology Partners, LLC (et al.) 2013-4924 SHERIFF'S RETURN OF SERVICE 12/03/2013 03:10 PM - Dennis Fry, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Integrity Bank, 3345 Market Street, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County, by handing to Sabrina M. Jianniney,Vice president Branch Manager, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on December 5, 2013 to Adam Technology Partners, LLC, 312 Meadow Trail, Dillsburg, PA 17109. DEN FRY, D P. -1% SO ANSWERS, December 05, 2013 RONR ANDERSON, SHERIFF ,,-t, h,a ,`t^fEt i "-USGJf !!..,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION FOUR LEMOYNE DRIVE ASSOCIATES, LLC --*. 1-41 1r Plaintiff(s), D _ ~ rn = -ra ; r 13-4924 cn 2) vs. A.l O -v Q-?i c7 r� cs pa r. •• ADAM TECHNOLOGY PARTNERS, o LLC Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): NUMBERS 1 to 9; at the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The garnishee, Citizens Bank of Pennsylvania, states that it maintains no record of any deposit accounts in the name of the defendant Adam Technology Partners, LLC. Accordingly, no funds are being held subject to this Writ of Execution. Certificate of Service I, Bruce Mountjoy, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this /1 day of ��J� , 2013. MARC A CRUM, ESQ CAPOZZI ADLER, PC P.O. BOX 5866 HARRISBURG, PA 17110 ADAM TECHNOLOGY PARTNERS, LLC Bruce Mountjoy FOUR LEMOYNE DRIVE ASSOCIATES, : IN THE COURT OF COMMON PLEAS OF LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : Docket No.: 13-4924 ADAM TECHNOLOGY PARTNERS, LLC, Defendant : Civil Action - Law `== and BANK, • = , Garnishee • 00 C7 =• T-4 PRAECIPE FOR ENTRY OF JUDGMENT -+f"` BY ADMISSION AGAINST GARNISHEE `'� .., TO THE PROTHONOTARY/CLERK OF SAID COURT: Pursuant to Pa.R.Civ.P. No. 3146, please enter Judgment in favor of Plaintiff and against Integrity Bank, Garnishee, in the amount of Fourteen Thousand,Eight Hundred Sixty Dollars and 50/100 ($14,860.50) admitted in its Answers to Interrogatories as being owing to the Plaintiff, which is not greater than the sum due from Defendants to Plaintiff. I hereby certify that the last known address of the Garnishee is: Integrity Bank, 3345 Market Street, Camp Hill, PA 17011. Date: / (kitii / Marc • . Crum, Esquire Atto ey I.D. No. 91273 Ca ozzi Adler, P.C. P. O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff $,ith C 1L gs9 sr,c) / ft1at / l FOUR LEMOYNE DRIVE ASSOCIATES, : IN THE COURT OF COMMON PLEAS OF LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : Docket No.: 13-4924 ADAM TECHNOLOGY PARTNERS, LLC, : Defendant : Civil Action - Law and INTEGRITY BANK, Garnishee • CERTIFICATE OF SERVICE I do hereby certify that I caused a true and correct copy of the foregoing Praecipe to Enter Judgment by Admission to be served via first class U.S. mail, postage prepaid addressed as follows: Integrity Bank Integrity Bank 3345 Market Street 4407 Carlisle Pike Camp Hill, PA 17011 Camp Hill, PA 17011 Integrity Bank Adam Technology Partners, LLC Attn: Melissa Peters 312 Meadow Trail P. O. Box 844 Dillsburg, PA 17019 Buffalo, NY 14240 Date: //027/1 '- Marc • Crum, Esquire Atto -y I.D. No.: 91273 Cap• zi Adler, P.C. P. •. Box 5866 H..rrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff FOUR LEMOYNE DRIVE ASSOCIATES, : IN THE COURT OF COMMON PLEAS OF LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : Docket No.: 13-4924 ADAM TECHNOLOGY PARTNERS, LLC, : Defendant : Civil Action- Law and INTEGRITY BANK, • Garnishee • RULE 236 NOTICE OF ENTRY OF JUDGMENT TO: Integrity Bank, Garnishee You are hereby notified that on l 41q , 2014, Judgment was _ entered against you in the above-captioned case. Judgment entered in favor of Plaintiff and against Garnishee in the sur f Fourteen Eight Hundred Sixty Dollars and 50/100 ($14,a0.50).4*'- Date: 114 IN Prothonotary I hereby certify that the name and address of the proper person to receive this Notice under Pa.R.Civ.P. 16 is: Integrity Bank, 3345 Market Street, Camp Hill, PA 17011. Date: Marc A. irum, Esquir• Attorne I.D. No. 91273 Capo i Adler, P.C. P. O. :ox 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff FOUR LEMOYNE DRIVE ASSOCIATES, LLC, IN THE COURT OF COMMON PLEAS OF V. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ' ADAM TECHNOLOGY PARTNERS, LLC, Docket No.: 13-4924 z f- Defendant and Civil Action - Law "'Co ' INTEGRITY BANK, z �' r -- Garnishee �t�' °' CD PRAECIPE TO DISSOLVE ATTACHMENT x- Z© cam,,° TO THE PROTHONOTARY: CD Please dissolve the attachment of Integrity Bank with all branches located in Pennsylvania with a main office at Integrity Bank, 3345 Market Street, Cam Hill P P A 17011. This matter was indexed for the following: Judgment by Confession entered in the Court of Common Pleas of Cumberland Count On August 19, 2013 y Lien in the amount of$94,816.09 Attached on Garnishee on January 8, 2014 Date: yAttoey m, Esquir . No.: 91273 ler, P.C. 66 Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff FOUR LEMOYNE DRIVE ASSOCIATES, LLC, IN THE COURT OF COMMON PLEAS OF V. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ADAM TECHNOLOGY PARTNERS, LLC, Docket No.: 13-4924 and Defendant Civil Action - Law INTEGRITY BANK, Garnishee DISSOLUTION OF ATTACHMENT CERTIFICATE AND NOW dissolve the attachment of the property of the Defendant, Adam Technology Partners, LLC, with all branches of the Integrity Bank located in Pennsylvania ce at 3314 Market Street, Cam Hill PA y with a main office Camp � , pursuant to the lien that was executed on January 8, 2014 the above-referenced action. Dated: PROTHONOTARY FOUR LEMOYNE DRIVE ASSOCIATES, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ADAM TECHNOLOGY PARTNERS, LLC, Docket No.: 13-4924 and Defendant Civil Action - Law ' INTEGRITY BANK, Garnishee CERTIFICATE OF SERVICE I do hereby certify that I caused a true and correct copy of the foregoing Praeci e to Dissolve Attachment to be served via first class U.S. mail p postage prepaid addressed as follows: Integrity Bank 3345 Market Street Integrity Bank 4407 Carlisle Pike Camp Hill, PA 17011 Camp Hill, PA 17011 Integrity Bank Adam Technology Partners, LLC Attn: Melissa Peters P. O. Box 844 312 Meadow Trail Buffalo, NY 14240 Dillsburg, PA 17019 Date: Marc A. rum, Esquire Atto y I.D. No 91273 Cap zzi Adler, P.C. P. . Box 5866 Harrisburg, PA 17110 (717)233-4101 Attorney for Plaintiff FOUR LEMOYNE DRIVE ASSOCIATES, : IN THE COURT LLC, : CUMBERLAND Plaintiff v. ADAM TECHNOLOGY PARTNERS, LLC, Defendant OF COMMON PT 'ASSF COUNTY, PENN LWNI2L,n : Docket No.; 13-4 : Civil Action - La 924 w AFFIDAVIT AND OBJECTION TO POUNDAGE FEE FOR A GARNISHMES4 rJ N) I, Marc A. Crum, am the attorney of record for Four Lemoyne Drive Associates, LLC in the matter docketed in the Cumberland County Court of Common Pleas at Docket No.: 13-4924. Under penalty of perjury and any statute relating to unsworn falsification to authorities, I hereby swore or affirm, under oath, the following: 1. On November 27, 2013, the Cumberland County Sheriff garnished the accounts of the Defendant at Citizens Bank and Integrity Bank. 2. On December 11, 2013, Citizens Bank provided its Answers to Interrogatories to Plaintiff's counsel advising Plaintiff that there were no funds being held in Defendant's accounts subject to the Writ of Execution. 3. On December 18, 2013, Integrity Bank provided its Answers to Interrogatories to Plaintiff's counsel advising Plaintiff that $14,860.50 remained in Defendant's accounts. Objection to Poundage Fee for Garnishment 4. On July 2, 2014, Plaintiff received from the Cumberland County Sheriff an "Invoice Personal Property" in the amount of $450.67, which is approximately six months after Plaintiff's counsel forwarded the garnishment proceeds to its client. A copy of the Invoice is attached as Exhibit "A." 5. Plaintiff paid a.deposit for execution in the amount of $200.00 to conduct the attachment execution as required by Cumberland County's fee schedule. CD 6. Although Plaintiff is liable to the Cumberland County Sheriff for costs under Pennsylvania Rule of Civil Procedure No. 3138 to serve the Writ for Garnishment, Plaintiff is not liable to Sheriff for the 2% poundage under 42 P.S. §§21106(b) and 21107. 7. The Sheriff's attachment of Defendant's account at Integrity Bank does not involve an "amount bid for the property" as required under 42 P.S. §21106(b). 8. The Pennsylvania statutes that govern the assessment of poundage fees reference the Sheriff's extra efforts involving activities such as levy, bidding, and sales, generally in relation to the sale of real estate. Clearly, the Sheriff should be entitled to a commission for these time-consuming actions. But these actions do not occur in the garnishment process. 9. Plaintiff's counsel is not aware of any Pennsylvania case law to support Cumberland County Sheriff s attempt to recover poundage on execution of a Writ for garnishment, and proof thereof is requested by Plaintiff's counsel. 10. Cumberland County is one of very few counties in Pennsylvania that still attempt to collect a poundage fee or commission from a garnishment. IN WITNESS WHEREOF, and intending to be legally bound, I have executed this Affidavit as of the date indicated below next to my signature. Respectfully submitted, Sworn to . nd subscribed before me CAPOZZI ADLER, P.C. this y of July 2014. Notary P ( lic My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Keyoung J. Gill, Notary Public East Pennsboro Twp., Cumberland County My Commission Expires April 4, 2017 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Marc A Crum, Esquire Attor y I.D. No.: 91273 Cap or zi Adler, P.C. P. O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Date: 7 2 Received: Jul 2 2014 12:26am 'Jul, 2. 2014 12:22PM Cumberland County Sherrif No. 0600 P. 2 Ronny R Anderson Sheriff Jody 8 Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY �4uop Of C11114hrr/kb OFFiCEOF rkE SWERIFF Richard W Stewart Solicitor Date: July 02, 2014 To: Capozzl Adler, P.C. P,O, Box 5866 Harrisburg, PA 17110 INVOICE PERSONAL PROPERTY Four Lemoyne Drive Associates, LLC VS. Adam Technology Partners, LLC (et al.) Case Number 2013-4924 The following costs have been incurred in the above captioned action. Money owed is due upon receipt. Thank you for your cooperation in this matter. BALANCE DUE: DATE CATEGORY $ $250.67 11/25/2013 Advance Fee 11/26/2013 Docketing 11/25/2013 Surcharge 11/25/2013 Law Library 11/25/2013 Prothonotary 11/26/2013 Garnishee 11/25/2013 Garnishee 12/02/2013 Levy 12/02/2013 Service Mileage 12/05/2013 Levy 12/05/2013 Service Mileage 07/02/2014 Postage 07/02/2014 Poundage MEMO Advance Fee COSTS 6F27- RONNY R ANDERSON, SHERIFF Integrity Bank Citizen's Bank Citizen's Bank Citizen's Bank Integrity Bank Integrity Bank Ally collected $ 14,860.50 CHK DEBIT CREDIT 27166 $0.00 $200.00 94092 $18.00 $0.00 94091 $50,00 $0.00 $0.50 $0.00 $2.25 $0.00 94092 $900 50.00 04082 $9.00 $0.00 94092 $20.00 80.00 94092 $6.78 $0.00 84425 $20.00 $0.00 94425 $16.95 $0.00 80.96 $0.00 5297.21 50.00 BALANCE: $460.67 5200.00 $(250.67) Cumberland County Sheriff, Carlisle, Pennsylvania, 17013, (717) 240-6390, (717) 240-6397 (fax) (r.} Couc y$uita Sha riff, 'letaoson. Inc.