HomeMy WebLinkAbout13-5650 -David J. Lanza
d.D. No. 55782
2132 Market Street j . ! r R- Attorney for Plaintiff
Camp Hill, Pennsylvania 1701:1: ° "� r li jl ` `0; T m
z- ra -
(717) 730 -3775 '' !'ii
M3SEP 27
CMSERLAND COUNTY
MILLENNIUM REAL ESTATE PENN S Y LVA NIA : IN THE COURT OF COMMON PLEAS OF
PARTNERS, LLC, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff NO.
V. CIVIL ACTION — LAW
JAMES 1 ALKIAS individually and t/d/b /a JK MYERS IN EJECTMENT
CONTRACTNG
Defendant
CONFESSION OF JUDGMENT
FOR MONEY DAMAGES
Pursuant to the Authority contained in the Warrant of Attorney, a copy of which is attached to the
Complaint filed in this action, I appear for the Defendant JAMES HALKIAS individually and t /d/b /a JK
MYERS CONTRACTNG and confess judgment in favor of Plaintiff and against the Defendant as follows:
Unpaid rent through June 2014 $10,945.84
Fifteen percent (15 %) attorney fees $ 1,681.88
TOTAL $12,627.72
Respectfully submitted,
By:
David J. Lanza
Attorney I.D. No. 55782
2132 Market Street
Camp Hill, PA 17011
Telephone (717) 730 -3775
Attorney for Plaintiff
332-1 oe `
62 :5'�
David J. Lanza
I.D. No. 55782
2132 Market Street Attorney for Plaintiff
Camp Hill, Pennsylvania 17011
(717) 730 -3775
MILLENNIUM REAL ESTATE IN THE COURT OF COMMON PLEAS OF
PARTNERS, LLC, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff NO. ' 2 - s6 ff
J Sd C�v` l
V. CIVIL ACTION — LAW
JAMES HALKIAS individually and t/d/b /a JK MYERS IN EJECTMENT
CONTRACTNG
Defendant
CONFESSION OF JUDGMENT
INEJECTMENT
Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the
Complaint filed in this action, I appear for the Defendant and confess Judgment in ejectment in favor of
Plaintiff and against the Defendant for possession of the real property situate at 2250 Millenium Way, 2nd
floor, Suite 402, Enola, Cumberland County, Pennsylvania 17025.
Respectfully submitted,
By:
David J. Lanza
Attorney I.D. No. 55782
2132 Market Street
Camp Hill, PA 17011
Telephone (717) 730 -3775
Attorney for Plaintiff
332 -1
David J. Lanza
•I.1). No. 55782
2132 Market Street Attorney for Plaintiff
Camp Hill, Pennsylvania 17011
(717) 730 -3775
MILLENNIUM REAL ESTATE IN THE COURT OF COMMON PLEAS OF
PARTNERS, LLC, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 13 - 5% S6 c� ✓:
V. CIVIL ACTION — LAW
JAMES HALKIAS individually and t/d /b /a JK MYERS IN EJECTMENT
CONTRACTNG
Defendant
COMPLAINT PURSUANT TO Pa.R.C.P. 2951(b) and Pa.R.C.P. 2971(a)
FOR CONFESSION OF JUDGMENT FOR
MONEY DAMAGES AND POSSESSION
1. The Plaintiff, MILLENIUM REAL ESTATE PARTNERS, LLC, is a Pennsylvania Limited
Liability Company with an address at 3 Lemoyne Drive, Lemoyne, Pennsylvania 17043.
2. The Defendant, James Halkias, is an adult individual with an address at 4075 Linglestown
Road, #244, Harrisburg, Pennsylvania 17112.
3. The name JK Myers Contracting is a fictitious name registered to James Halkias with the
Pennsylvania Department of State.
4. On or about May 24, 2013, Plaintiff and Defendant entered into a Lease ( "Lease ") for the 800
square feet of the premises located at 2250 Millenium Way, 2 " floor, Suite 402, Enola, Cumberland County,
Pennsylvania 17025, a true and correct copy of which is attached hereto as Exhibit "A."
5. Said Lease has not been assigned by Plaintiff.
6. No judgment on the Lease has been entered in any jurisdiction.
7. The aforesaid Lease requires Defendants to pay unto Plaintiff the sum of Nine Hundred
Ninety Five Dollars ($995.00) per month from July 1, 2013 through June 30, 2014.
8. Defendants have failed to pay any rent at all except for the first month's rent.
9. As a result of Defendant's failure to make the monthly rental payments, the remaining
monthly payments (through June 2014) have become immediately due and payable.
10. Pursuant to §19 of the aforesaid Lease, Defendants are required to reimburse Plaintiff for
Plaintiff's attorney fees in the amount of 15% of the balance due.
11. There is justly due and owing to the Plaintiff from the Defendants on account of the aforesaid
breach the sum of Twelve Thousand Six Hundred Twenty -Seven and 72/100 Dollars ($12,627.72),
calculated as follows:
Unpaid rent through June 2014 $10,945.84
Fifteen percent (15 %) attorney fees $ 1,681.88
TOTAL $1Z627.72
12. Plaintiff has demanded payment from the Defendant, but Defendant has neglected and
refused, and continues to refuse, to pay the same or any part thereof.
13. Plaintiffs are entitled to judgment against Defendant in the amount of $12,627.72.
14. Plaintiffs are entitled to immediate possession of the leased premises at 2250 Millenium Way,
2nd floor, Suite 402, Enola, Cumberland County, Pennsylvania 17025.
Wherefore, Plaintiffs demand judgment against Defendant for possession of the premises and in the
amount of $12,627.72 plus costs, attorney fees and interest.
Respectfully submitt
By:
David J. Lanza
Attorney I.D. No. 55782
2132 Market Street
Camp Hill, PA 17011
Telephone (717) 730 -3775
Attorney for Plaintiff
VERIFICATION
I, W. Gregory Rothman, verify that the statements made in this Complaint are true and correct to the
best of my knowledge, information and belief. I understand that false statements made herein are made
subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities.
Date: By .
W. Gregory Rot an
NON- RESEDENTIAL LEASE FOR REAL ESTATE LC1
PART ONE OF A TWO PART AGREEMENT
This farm reaommmiled end approved for, but not rmHaed to We by. mmnhms of the Penney) -aura Assomarioq of MALTORM when u6ed with as approved &ddendum ahaded hereto,
LESSOR'S BUSINESS RELATIONSHIP WITH PA LICENSED BROILER
BROKER (Company) RSR R"Jtore PHON (717) 763 -1212
ADDRESS 3 Lemovnp Drive Suite 100, Lemoyne, PA 17063 FAX 717 763 - 1656
LICENSEE(S) Andrew L. I ie)o Designated Agent? Q Y [3N0 No
BROKER IS THE AGENT FOR LESSOR, OR (if checked below):
Broker is NOT the Agent far Lessor and is a /an: (-f AC EN FOR LESSEE n TRANSACTION LICEN ISEE
LESSEE'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER
I BROKER (Company) RSR Realtors _ MOM, 717 ray -izil
l ADDRESS 3 Lemoyne Drive Suite 100 X,emoyne, AA 17043 _ FAX (717) 763 -1656
LICENSEE($) Hill Morrow Designated Agent? ❑ Yes ❑ Nn
i ?ti OKFR lS rHF a CFNT FnR I,FSCFf,_ OR (ITrheekrd helnwl: 1
Broker Is NOT the Agent for Lessee and is a /Rn: []AGENT FOR LESSOR ❑SUBAGENT FOR LE SSOR ❑TRANSACTION LICENSEE
When the same broker Is Broker for Lessor and Broker for Lessee, Broker is a Dual Agent. All of Broker's licensees are also Dual Agents UNLESS there are
separate Designated Agents for Lessor and Lessee. If the same Licensee is designated for Lessor and Lessee, the Licensee Is a Dual Agent. Broker(s) may per-
form services to assist unrepresented parties in complying with the terms of this Lease-
1 1. This Agreement, dated Hav 24 , 2613
2 is between ium RE Pt67Ctrtere . .LP
3 - - called "Lessor," and
4
5 called "Lessee."
62, PROPERTY
7 (A) Lessor agrees to lease to Lessee the premises known as
8 in the city of AnOIA
9 County of Cumberimd -_ in the Commonwealth of Pennsylvania, Zip Code
10 with improvements consisting of Bee seats 2a _ n
11
12 upon the following terms and conditions:
13 (B) Toll] rental for t )Mirc tern payable to Lessor $ 11, 940.00
14 (C) Payments in advance ❑ Monthly ❑Q in the amount of: S 995.00
15 (D) Cash or check to be paid before possession by Lessee which is to be applied on account as follows:
16 Advance rent I.Bt month to Paid $ Due $ 995.00
17 On account of final payment of tent Paid $ Due $
1S Security deposit (see paragraph 2 (f)) Paid $ Due $ 995.00
19 Credit report Paid $ Due S
20 Paid $ Due $
21
22 Totals - Paid to date . . .... . ...... ........... Paid $
23 Balance due before possession ......... .... . . . . . . ....... . . . . .. . . .. . . .. Due $ 1 , 990.00
24
25 (E) Adjusted payment of rent until regular due date, if any $
26 (F) Security deposit $
27 (G) Late charge if rent not paid within grace period $
Lessee Initials - _ L Page I of z Lessor Initials: e 1
Pennsylvania Assocl0on of REALTORS' COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS& 2007
03107
RSR REALTORS, LLC 3 Lemoyne Drive Lemoyne, PA, 17043
Phone, 717- 612.2I66 Pax; 717 - 763.1656 Andrew Lick 2250 Millenniu
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28 (I•I) Due date for each payment th
29 (I) Term of this lease
tien to Ranew
30 (1) Commencement date of lease Juiv 1. 2013
31 (K) Expiration date of lease .]tine 30 . 2014
32 (L) Required written notice to terminate This lease 50 days ha ate ��-
33 (M) Renewal Term if not terminated by either party Two Yaars
34 (N) Lessee'wilI OC C UPY premises ONLY as ProfesAi office
35 (0) Maximum number of occupanjs under this lease N/A T
36 (P) Payments to be made promptly wheat due in U,S. Dollars to:
37 0 Lessor ❑ Broker for Lessor
38 (Q) Utilities & services wilt be supplied as follows:
39 Lessor Lessee Lessor Lessee
40 Pays pays pays pays
41 ® ❑ Cold Water Q Gas
42 � 1:1 Hot Water
1 ❑O Lawn and Shrubbery Care
44
L Heai ElecTric _ L J C'essnoo! t.'le€,r.�r+.
® U U U Ia111LQP Service
43 Qx ❑Yearly Oil Aurnar Cleaning ❑ �]s In Svit,� _ I ns ur an ce __
46 O 0 Water in Excess ofvearly minimum Charge Q [J' B TCikna Tnsuranee
47 [XJ L] Snow Removal Ll V
48
/�ti /Rl LTnlace �,he.,,,; �.. eTai rid i Nrar ...ill na„ *ham nngt o f amt nr ail ranaire of amp U;.arl �r
50 merit of this lease where the individual cost of each repair is less than S Sloe)
51 (S) No pets or animals of any kind whatsoever will be permitted on or within the herein described premise excepting
52
53
543, SPECIAL CLAUSES
55 (A) Lessor and Lessee have received the Consumer Notice as adopted by the STate Real E tate Commission at 49 Pa.
56 Code §35.336 and $35.337.
57 (B) rirst month's rant plus security deposit totaling $1,990 will be due at Lease signing with next,
58 subeogisont paymont due August 1, 2013,
59
60 Per Lease Proposal, Lesser, at LolsOr'S oxpen>ao, will construct a doorway at shared entrance to the
61 Suite to be coapleted betora r7uly 1, 2o13 occupancy.
62
63 Landlerd shall be aoioly responsible for any and all broker leasing fees made payable to RsR
64 Realtors at 64 annually.
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80 4. ADDENDUM
81 The Lessor and Lessee agree for themselves, their respective heirs and successors and assigns to the herein described terms and
82 also to those set forth in the addendum attached hereto entitled "TERMS AND CONDITIONS," (PART TWO) all of which are
83 to be regarded as binding and as strict legal conditions,
Lessee Initials: LCI Page 2 of 2 Lessor Initials:
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NON- RESIDENTIAL LEASE LC2
FART TWO OF A TWO -FART AGREEMENT
TERMS AND CONDITIONS
This fh m recommended and approved for, but not remised to use by, The members of the l'011FAvanla A6106ation Of REALTORS®
Copyright Pennsylvania Accociation of REALTORS$ 2007
Spueelal
Clauses
Taxes 5. (a) t_. ^._e . - _ _ -tile h0fflill Wai%'4 gill lakes f
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sallie kle OY 11. 131:39 ��Heitkii !"M OR at' Betio a Vd) dp� . Ha tile 16, obtV for
•�,1 ;;+'ti'rsc - ^C`iit� =taro r. ;,.,��.....� ";.. ..t,� ;':'- ';^:.~'- ..��,� ., h�..!...L• c-'`: _:•.t?¢ap I
...,_...�_... .. .._.._ -..... .. :. -•- •. :...,......, .w _. .L.. s.,.aa:,.. � err �. ,y,.�..:. :•.... s.,
Flea t (c) Lesee further agrees to pay TO Lessor as addirional rear sl increase or increasca in Etc indutpncc p .nit:nrs upon ncC dcmiacd premise: and'or
Insurance the building of which the demised premises is a pan, due to an increase in the rate of fire insurance in excess of The rote on the demised premises at the time
Premiums of mak erg this tease, if said increase is caused by any acT or neglect of m¢ Lessee or rile uanire of die Lxssee's b tint ss,
Sewer Rent (d) Lessee further agrees to pay as additional rent, if there is a metered water connection To said premises, all sewer rental or charges for use of
sewers, sewer system, and sewage Treatment works servicing the demised premises in excess of the yearly minimum of such sewer charges, iiiiirediarely
when the seine become due.
Condition of (e) a Fs, au m i n gs a e(ho
Pavement of th keep File paii fi fi sfle� Aid tee, id! � eg, pnd;� li ab l e feF 11145' eeeidema, Ak ae ii;leg6
Security Deposit 6. The 'security deposit" speciGed in Paragraph 14 (1) shall be held by rirpkw for Lessor as seouriry for the performance of all The Tcnns, Covenants and
(12 -85) conditions of this lease and for the post of may trash removal, housecleaning and the cost of repairs and/or die correction of damage (which is, in the opinion
of the Lessor and/or Broker for Lessor, in excess of normal wear and Tear); aherwise, the "seeurity deposit' or any balance thereof shell be returned after
The Lessee has vacated and left tilt premises in an acceptable condition (following a personal inspection by Lessor and/or Broker for Lessor) and surrendered
all )C yS to Broker for Lessor. If the Lessor determines That any loss, damage or injury chargeable to the Lessee hereunder, exceeds the security deposit, the
Lessor at his option, may retain the said scan as liquidated damages or may apply the sum against any actual loss, damage or injury and die balance (hereof
will be the responsibility` of the Lessee. Lessor's deierminadon of The amount, if arty, to be returned to the Lessee shall be final. It is further understood and
agreed char The said seventy deposit is not to be considered as the last payment under the lease, however the rights of rho Lessor shall not be hindered to
retain the security deposit, or a portion thereof as payment on account of uncollected rents, if oily,
She aforementioned "security deposit" shall be paid to the Broker far Lessor who will deposit same in a separate custodial Type account. Broker for
Lessor shall keep records of all funds so deposited as required in accordance with The Act of February 19, 1984, P.L. 15, No, 9, seedon 604 (63 P.S. 455,604),
Said account will be dearly identified as required indicating The date and from whom he received money, the dare deposited, the date of withdrawals mid
other pertinent information concerning this Transaction. It is understood and agreed that should the prppery herein mentioned be sold. exchanged, transferred
or conveyed to a new awner, that at the tirnt of miement, any money held as a secunry deposit shall be Transferred to die new owner or his agent, To be
continued to be hod as a security deposit.
Affirmative 7. (s) If the Lessee so desires, Lessor, if possible, may make available to Lessee, without charge, a space in The building for the iroraga of goods and
Covenants of effects of Lessee. In consideration of the fact that no extra charge is made for the furnishing of such space by the Lessor, it is understood That Lessor shall
Lessor not be liable for Ions or damage to any stored goods through fire or theft or my cause whatever, and Lessee expressly releases Leaser as bailee or otherwise
from all claims for any such loss or damage. It is further understood that the use of storage space by the Lessee shall be limited to the time of the Lessee's
ocatpancy, and that goods left over thirty days after the expiration of Lessee's occupancy may be sold for storage charges at public or private sale witboar
further notice to Lessee.
(b) The Lessor may furnish additional service not herein provided for bur any such service shall be gratuitous unless odiarwke agreed and shall
not be an obligation of the Lessor or part of the consideration for the rent.
Place of Payment 8, All rent shall be payable without prior notice or demand at the office of Lessor or Broker for Lessor as speoit;ed in paragraph #2, (p.).
9. Lessee covenants and agrees than he will without demand;
Affirmative (a) Pay the real and all other charges herein reserved as rent on ilia days and times and at the place that the same are made payable, without fail.
Covenants of and if Lessor shall at any rime or rimes accept said rent or rent charges after the same shall have, become due and Payable, suoll Weptbnce shall not excuse
Lessee delay upon subsequent occasions, or connihite or be, oonsttued as a waiver of any of Lessor's rights. Lessee agreca That any charge or payment herein
(11 -74) reserved, included, or agreed To be Treated or collected as rent and/or any charges, expenses, or costs herein agreed to he paid by the Lessee may be proceeded
for and recovered by the Lessor by legal process in the same marmer as rent due and in turrars,
Payment of Rent (b) All rental payments arc due and payable on fire due date as speed in paragraph k2. (h) of this agreement cr within five days Thereafter (grace
Late Charges period) without penalty. However, after 5:00 P.M. on the fifth day after due date as aforementioned, any rental payment not paid in full will be subject to it
(11.74) late charge. Payments not made on or before 5:OD P.M. oil the tenth day after due date, Together with hate charge, may be reforted to Magisterial District
Justice or Justice of the Peace for the collection and/or ajectment,
Cleaning, (c) Keep the demised premises clean and free from all ashes, dirt and other refuse matter, replace 0 broken glass windows, doors, arc.; keep all
Repairing, etc, waste and drain pipes open; repair all damages to plumbing and To the demised premises; in general, keep the same in as good order and repair as they are
at the beginning of the tern of this lease, reasonable wear and tear and damage by acnidental fare or other casualty not occurring through negligence of
Lessee or those employed by at acting for Lessee alone excepted. The Lesace agrees to surrender the demised premises in the tame condition in which
Lessee has herein agreed to keep the same during the ccmtinumpe of this lease,
Requirements of (d) Comply with any requirements of any of the cormirured public aurhoritieti and with the IMS of any State or Federal stanitc or local ordinance
Public Authorities or regulation applicable to Lessee or his use of the demised promises, and save Lessor harmless from penalties, fines, costs or damages resuluag from failure
to do so.
Pennsylvania Assoclatlon of REALTORS COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSQO 2007
11/99
RSR iZALTORS, LLC 3 Lemoyne Drive Lemoyne, PA 17043
Phone; 717.612 -2166 Fax: 717.763.1656 Andrew Lick 2250 Millennia
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The Lessor hereby approves This contract on this (date) bray 24, 2012 and in
consideration of the services rendered in procuring the herein =ad Lessee aridlor collection of rents as agreed and specified in pan one of this lease. the
Lessor agrees to pay the herein named Broker for Lessor a fee in die amount Of FA AweoaT 1 y ehared 50 / 5 0 for
ObWuing Lessee together with a fee of N/A for the collection of rents during the term, renewal or cxrension of this
lease or additional lease with the hereill narded Lessee, Should the Lessee purchase the demised promises from the Lessor during die term of this lease, or
during a Ttraewal, extenaitm or any additional lease between said parries for the demised premises, or within a reasonable period of tune after the expiration
of any such lease, die Lessor agrees to pay the Broker for LAssot, at the hme of settlement, it sales fee of/from the specified sale price
WITNES �� LESSOR DATE 13
Mil t um F2E P mars, LP
WITNESS LESSO DATE
dRc*i - t FOR A 'E5SCPR torm
1
ACCEPTED BY DATE
i
i
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11199
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David J. Lanza
I.D. No. 55782
2132 Market Street � ' H E P R O T H Wi � `t'1 ' � Attorney for Plaintiff
Camp Hill, Pennsylvania 17011
(717) 737 -3775 201 3 SEP 27 AM I I : t44
'"' U1T
FdNSYLVANIA
MILLENNIUM REAL ESTATE IN THE COURT OF COMMON PLEAS OF
PARTNERS, LLC, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff NO
V. CIVIL ACTION — LAW
IN EJECTMENT
JAMES HALKIAS individually and t/d/b /a JK MYERS
CONTRACTNG
Defendant
NOTICE UNDER RULE 2958.1 OF
JUDGMENT AND EXECUTION THEREON
TO: James Halkias individually and t/d/b /a JK Myers Contracting
4075 Linglestown Road, #244
Harrisburg, Pennsylvania 17112
A judgment in the amount of $12,627.72 has been entered against you and in favor of the Plaintiff without any prior notice
or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff
may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is
served on you.
You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST
FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30)
DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240 -6200
David J. Lanza
David J. Lanza
I.D. No. 55782
2132 Market Street 1 �'Ati 'yifi?laintiff
Camp Hill, Pennsylvania 17011 1613 SEP
(717) 737 -3775 7 4H H. 4 4
J PE NNs t 0 00 U T t'
YLV ANI,A
MILLENNIUM REAL ESTATE IN THE COURT OF COMMON PLEAS OF
PARTNERS, LLC, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff NO. 3 ,
V.
CIVIL ACTION — LAW
IN EJECTMENT
JAMES HALKIAS individually and t/d/b /a JK MYERS
CONTRACTNG
Defendant
NOTICE UNDER RULE 2973.2
OF JUDGMENT AND EXECUTION
TO: James Halkias individually and t/d/b /a JK Myers Contracting
4075 Linglestown Road, #244
Harrisburg, Pennsylvania 17112
A judgment for possession of real property has been entered against you and in favor of the Plaintiff without
prior notice and hearing based on a confession of judgment contained in a promissory note or other document allegedly
executed by you. The Sheriff may remove you from the property 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 being removed from the property. ANY
PETITION SEEKING RELIEF FROM THE JUDGMENT MUST BE FILED WITHIN THIRTY (30) DAYS AFTER THE
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240 -6200
David J. Lanza
David J. Lanza
I.D. No. 55782
2132 Market Street Attorney for Plaintiff
Camp Hill, Pennsylvania 17011
(717) 730 -3775
MILLENNIUM REAL ESTATE IN THE COURT OF COMMON PLEAS OF
PARTNERS, LLC, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff NO.
V. CIVIL ACTION — LAW
JAMES HALKIAS individually and t/d/b /a JK MYERS IN EJECTMENT
CONTRACTNG
Defendant
TO: JAMES HALKIAS individually and t/d/b /a JK MYERS CONTRACTNG
You are hereby notified that on Cj 2 , 2013, judgment by confess'on was entered
against you in the sum of $12,627.72, in the above - captioned c e.
DATE: C} .�2 7 _ -? I? A
Prot onotary
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.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240 -6200
I hereby certify that the following is the address of the Defendant stated in the certificate of residence:
James Halkias
4075 Linglestown Road, #244
Harrisburg, Pennsylvania 17112
Attorney for Plaintiff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson L
Sheriff ' I t
Jody S Smith .1/3
fr Chief Deputy `'' t° (C
Solicitor W Stewart € s l t;i _ k ;utv ,i; :'
Millennium Real Estate Partners, LLC Case Number
vs.
James Halkias d/b/a J.K. Myers Contracting 2013-5650
SHERIFF'S RETURN OF SERVICE
10/15/2013 03:00 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint in
Confession of Judgment by"personally"handing a true copy to a person representing themselves to be
the Defendant, to wit: James Halkias d/b/a J.K. Myers Contracting at 5540 Westbury Drive, Hampden
Township, Enola, PA 17025.
R1.77 BURGETT, DEPU
SHERIFF COST: $96.26 SO ANSWERS,
9_.,, X'.1.
October 16, 2013 RONNK ANDERSON, SHERIFF
c)C curivSu tc - --r Te,oso.,_.,.,.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson � � of ecotrrtt ,,G Sheriff �
Jody S Smith Richard W Stewart
Chief Deputy ',FP.-CE*�3€'.. •EPIFF Solicitor
Millennium Real Estate Partners, LLC Case Number
vs.
James Halkias d/b/a J.K. Myers Contracting 2013-5650
SERVICE COVER SHEET
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!LEO-U �" i
. `E PRO'FHB J i' ri '
James Halkias individually and Pro Se Defendant
JK Myers Contracting Pro Se 2013 NOV -7 AM II; 48
4075 Linglestown Rd #244 CUMBERLAND COUNTY Harrisburg, PA 17112 PENNSYLVANIA
MILLENIUM REAL ESTATE • IN THE COURT OF COMMON PLEAS OF
PARTNERS LLC, ▪ CUMBERLAND COUNTY, PENNSYLVANIA
•
Plaintiff
v. • NO. 13-5650 CIVIL ACTION LAW
•
JAMES HALKIAS individually and ▪ IN EJECTMENT
t/d/b/a JK MYERS CONTRACTING .
PRELIMINARY OBJECTION
Defendant MOTION TO DISMISS AND STRIKE JUDGEMENTS
MOTION TO DISMISS COMPLAINT WITH PREJUDICE AND STRIKE CONFESSION OF
JUDGEMENTS PERSUANT TO CUMERLAND COUNTY LOCAL RULE 1051-1
Defendants affirm and swear that they have never been in possession of or
occupied any of plaintiffs real estate ever, and pursuant to CUMBERLAND
COUNTY LOCAL RULE 1051-1 EJECTMENT "the action shall stop as to those
disclaiming". Because there are no other defendants, the defendants must be
dismissed from this action in EJECTMENT with prejudice.
Defendants request the court DISMISS THIS ACTION WITH PREJUDICE and
instruct the prothonotary to STRIKE THE CONFESSION OF JUDGMENTS against
defendants in this matter.
Respec full ubmitted,
By
J e Halkias individually and dba JK Myers Contracting
4075 Linglestown Rd #244
Harrisburg, PA 17112
267-265-6445
Pro Se defendants
• .
•
VERIFICATION
I, James Halkias individually and dba JK Myers Contracting, swear and verify that
the statements made in this statement that I never occupied any of Plaintiffs
property are true and correct to the best of my knowledge, information and
belief. I understand that false statements made herein are made subject to the
penalties of 18 PA C.S.A §4904, relating to unsworn falsification to authorities.
Date: 1 l7//) By:
James Halkias individually and
dba JK Myers Contracting
•
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David J. Lanza
I.D.No. 55782
2132 Market Street Attorney for Plaintiff
Camp Hill,Pennsylvania 17011
(717) 730-3775
MILLENNIUM REAL ESTATE • IN THE COURT OF COMMON PLEAS OF
PARTNERS,LLC, CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiff • NO. 13-5650
v CIVIL ACTION—LAW•
JAMES HALKIAS individually and t/d/b/a JK MYERS IN EJECTMENT
CONTRACTNG
Defendant
PLAINTIFF'S ANSWER TO MOTION OF DEFENDANT
1. Denied. To the extent that this filing contains an averment, said averment is denied as irrelevant
as a matter of law. Plaintiffs judgment is based on a confession clause contained in a written lease
executed by Defendant. It does not matter whether Defendant ever physically took possession of
the real estate. Plaintiff's filing includes a judgment for money damages, which judgment
Defendant fails to address. Defendant incorrectly invokes Rule 1051-1 - as Defendant must offer
judgment (under that Rule) for possession. Because Plaintiff already has judgment, said Rule is
irrelevant to these proceedings. Defendant is well aware of the process for challenging a confessed
judgment, as evidenced by the attached Court opinion from Dauphin County relating to another
judgment that was confessed against Defendant.
===
Crl s Respectfully submitted,
{
--f
By
Davi J. Lanza
Attorney I.D. No. 55782
2132 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
332-1
CERTIFICATE OF SERVICE
AND NOW, this 19th day of November, 2013, the undersigned does hereby certify that he did this
date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited
in the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows:
James Halkias
4075 Linglestown Road
#244
Harrisburg, PA 17112
By:
David Lanza
332-1
p +0�3 ��1AL
es Thstr,buted 1�
D;atre a ' .E it als
DANIEL DEITCHMAN, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondant : DAUPHIN COUNTY, PENNSYLVANIA
v. : NO. 2010 CV 13990 NT
JAMES P. HALKIAS, •
Defendant/Petitioner : CIVIL ACTION—LAW
MEMORANDUM and ORDER
Before the Court is the Motion of James P. Halkias to Strike off the Judgment-Aid
Petition to Open the Judgement(hereinafter"Defendant's Motion").This case was initiated via
• Complaint with Confession of Judgment filed October 25,2010. On November 24, 2010,
. Defendant filed the instant Motion. A hearing pertaining to the petition to open was held January
18, 2011.
A summary of the facts giving rise to this case are as follows. On August 27,2010,
Defendant notified Plaintiff about a real estate opportunity involving a factory and the machinery
contained therein(previously used to make dance tights). According to Plaintiff at the January
18, 2011 hearing, Defendant signed the Guarantee and authorized the confession of judgment in
the amount of$350,000 in return for Plaintiffs financing of the factory machinery for
Defendant. Plaintiff purchased the real estate property for himself with the intention of leasing
the space back to Defendant over the course of ten years.
Defendant's Motion raises two arguments in favor of striking the judgment and one
argument in favor of opening the judgment.First,Defendant argues that the judgment should be
stricken because the notice served was not in compliance with Pa. R.C.P. No. 2958.1. Second,
Defendant argues that the judgment should be stricken because judgment was entered for items
not authorized by the warrant of attorney. Third, Defendant argues that this Court should open
the judgment because Defendant has raised meritorious defenses.
I. Petition to Strike
According to our Supreme Court:
"A petition to strike a judgment may be granted only for a fatal defect or
irregularity appearing on the face of the record. In considering the merits of a
petition to strike, the court will be limited to a review of only the record as filed
by the party in whose favor the warrant is given,i.e., the complaint and the
documents which contain confession of judgment clauses. Matters dehors the
record filed by the party in whose favor the warrant is given will not be
considered. If the record is self-sustaining, the judgment will not be stricken."
Resolution Trust Corp. v. Copley Qu-Wayne Assocs., 683 A.2d 269, 273 (Pa. 1996) (emphasis in
original; internal citation omitted).
a. Defective Notice
Defendant first argues that the judgment in this case should be stricken because the
required notice filed by Plaintiff and served on Defendant pursuant to Pa. R.C.P.No. 2958.1 was
defective. Pa. R.C.P. No. 2958.1(a)states that, "[a] written notice substantially in the form
prescribed by Rule 2964 shall be served on the defendant at least thirty days prior to the filing of
2
the praecipe for a writ of execution."Specifically, Defendant argues that plaintiff erroneously
used the form prescribed by Dauphin County Local Rule 236 rather than the form identified by
Pa. R.C.P. No. 2964.The instructions contained in the Pa. R.C.P. No. 2964 form are as follows:
"A judgment in the amount of$ has been entered against you and in favor
of the plaintiff without any prior notice or hearing based on a confession of
judgment contained in a written agreement or other paper allegedly signed by
you. The sheriff may take your money or other property to pay the judgment at
any time after thirty(30)days after the date on which this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or
•
property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF
•
FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY
(30)DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON
YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
• ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE."
•
The instructions contained in the Dauphin County Local Rule 236 form for notice in
confession of judgment cases are as follows here:
"You are hereby notified that on
19 ,judgment by confession was entered against you
in the sum of$ in the above-captioned case.
***
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.
•
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 North Front Street
3
Harrisburg, PA 17101
(717)232-7536"
(the instructions are then repeated in Spanish). It is clear from the record that Plaintiff used the
form prescribed by Dauphin County Local Rule 236. See Complaint, 1 (October 25,2010).
Obviously, the two forms are not identical. From a procedural standpoint, two questions are
• raised by this difference: 1)is the form contained in Local Rule 236"substantially in the form
prescribed by Rule 2964,"and 2) if there is a"substantial"difference between the forms, is such
a difference sufficiently prejudicial to Defendant that the judgment should be stricken.
One:both sets of instructions inform the defendant that judgment has been entered
against them, inform him/her of the amount of the judgment, advise that the defendant seek
counsel, and instruct the defendant on how to find a lawyer. What the Local Rule 236
instructions lack are a statement of the consequences for inaction,an instruction to file a petition,
and information about a thirty day time limit. Lack of knowledge about any of the three extra
instructions found in Rule 2964 could conceivably cause considerable prejudice to a defendant.
As a result, we find that there is"substantial"difference between the two forms.
Two: because there is a"substantial"difference, we must now address whether or not
there was prejudice to Defendant.
"It has always been held that formal defects, mistakes and omissions in •
confessions of judgment may be corrected by amendment where the cause of
action is not changed, where ends of justice require the allowance of such
amendment,and where the substantive rights of defendant . . . will not be
. prejudiced thereby."
Atl. Nat'l Trust, LLC v. Stivala Invs., Inc., 922 A.2d 919, 923 (Pa. Super. 2007) (quoting West
Penn Sand& Gravel Co. v. Shippingport Sand Co., 80 A.2d 84, 86(Pa. 1951)). Here,despite
having no warning about inactivity, instruction to file a petition,or information about a thirty day
4
time limit; Defendant acted by hiring counsel and filing the same timely"Motion of James P.
Halkias to Strike off the Judgment and Petition to Open the Judgement"that is the subject of our
current analysis. It is apparent that this Defendant was not prejudiced by the difference between
forms. Therefore, Defendant's Motion cannot succeed on the basis of his first argument.
b. Items Not Authorized by Warrant of Attorney
Defendant's second argument claims that Plaintiff's Complaint is flawed because it seeks
judgment on items not authorized by the warrant of attorney. Specifically, Defendant argues that
the Complaint improperly contains no averment that Defendant received the use or value of
$350,000 where the warrant of attorney authorized judgment"for value received." In response,
Plaintiff argues that no such statement is required of them under Pa.R.C.P. No. 2952(which
details the contents of a complaint for a confession for judgment of money).
• In support of his argument, Defendant cites Langman v. Metropolitan Acceptance Corp.,
465 A.2d 5 (Pa. Super. 1983), which states that, "if the confessed judgment includes an item not
authorized in the warrant, the judgment is void in its entirety and must be stricken."In Langman,
the warrant of attorney gave the plaintiff the right to recover,"rent and/or any charges reserved
in this lease as rent."Id. at 6. The lease stated that if the lessee failed to make prompt repairs (per
agreement),the lessor was permitted to enter the property to do so, and would charge the lessee
the cost of any repairs made as rent.Id.The Superior Court ruled that the Langman plaintiffs
complaint was stricken because the plaintiff sought judgment on repair costs as rent despite
making no averment that any repairs were actually made. Though it was not cited, the court in
Langman echoed Pa. R.C.P. No. 2952(a)(6), which requires that"if the judgment may be entered
5
only after a default or the occurrence of a condition precedent, an averment of the default or of
the occurrence of the condition precedent,"shall be contained in the complaint.
Here, the warrant of attorney states in pertinent part,"[t]hirty(30) days after date, for
value received, James P. Halkias ... does promise to pay to the order of DANIEL
DEITCHTMAN ... the sum of Three Hundred Fifty Thousand and No/I 00 Dollars."Compl.,
Exhibit B(entitled"Judgment Note"; emphasis in original). While the Complaint makes
numerous statements that Defendant owes money to Plaintiff,the Complaint contains no
statement to the effect that Defendant has received the value of or control over the disposition of
$350,000. See Compl.,generally. Unfortunately, as our analysis of a petition to strike is
constrained to"the complaint and the documents which contain confession of judgment clauses,"
Resolution Trust Corp.,supra, we cannot take the testimony of January 18, 2011 hearing,
pertaining to the petition to open,into account. As a result,we find that the October 25,2010
Complaint is deficient under Pa.R.C.P. No. 2952(a)(6) and Langman. Therefore, Defendant's
Motion to Strike will be granted. However, Plaintiff will be granted thirty days to file an
amended Complaint.
Il. Petition to Open
Because the judgment will be stricken, Defendant's Petition to Open is denied as moot. In
anticipation of the filing of an Amended Complaint in Confession of Judgment by Plaintiff and
the filing of a subsequent Petition to Open/Strike the judgment by Defendant,this Court wishes
• to make it clear that while the current judgment will be stricken, the testimony heard at the
January 18, 2011 hearing will remain on the record. In keeping with the precepts of judicial
6
efficiency,testimony in any subsequent hearing sought by either party on a Petition to Open will
be permitted only insofar as it pertains to newly averred content.
Accordingly, we enter the following: •
7
•
ORDER
AND NOW,this day of February 2011,upon consideration of Motion of James
P. Halkias to Strike off the Judgment and Petition to Open the Judgement,
IT IS HEREBY ORDERED that Defendant's Motion is GRANTED IN PART AND
DENIED IN PART. The portion of Defendant's motion that seeks to strike the judgment is
granted. The portion of Defendant's motion that seeks to open the judgment is denied as moot.
IT IS FURTHER ORDERED that Plaintiff is hereby granted thirty(30) days to Bile an
Amended Complaint in Confession of Judgment.
w
•
BY THE COURT: .' r4 t, =•_ . 4_.
• l
ANDREW H. DOWLING
JUDGE
DISTRIBUTION:
David A. Mills, Esquire, 17 East Market Street,York, PA 17401
Jayson R. Wolfgang and Jan L. Budman, Esquires, 213 Market Street, 3rd Floor, Harrisburg, PA
17101-2121
Deborah S. Freeman, Esquire, Deputy Court Administrator(Civil)
8 •
MILLENNIUM REAL ESTATE : IN THE COURT OF COMMON PLEAS OF
PARTNERS, LLC : CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V. •
•
JAMES HALKIAS individually and •
t/d/b/a JK MYERS CONTRACTING, •
DEFENDANT : NO. 13-5650 CIVIL
ORDER OF COURT
AND NOW, this 22nd day of November, 2013, upon consideration of the
Defendant's Pro Se Motion to Dismiss Complaint with Prejudice and Strike Confession
of Judgments pursuant to Cumberland County Local Rule 1051-1 and the Answer filed
by the Plaintiffs;
IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Motion is
DENIED.
By the Court,
i
M. L. Ebert, Jr., I J.
avid J. Lanza, Esquire
Attorney for Plaintiff
James Halkias, Pro Se
Defendant
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—4
. rJ , .
David J. Lanza
I.D.No. 55782
2132 Market Street Attorney for Plaintiff
Camp Hill,Pennsylvania 17011
(717) 730-3775
MILLENNIUM REAL ESTATE • IN THE COURT OF COMMON PLEAS OF
PARTNERS,LLC, • CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiff • NO. 13-5650
•
•
v. • CIVIL ACTION-LAW
•
JAMES HALKIAS individually and t/d/b/a JK MYERS • IN EJECTMENT
CONTRACTNG •
•
Defendant ,
c7 o r
G _t
s _
T1
PRAECIPE to SATISFY and DISCONTINUE mr-Ca7.. , 4.1
, r F
<C3 To Gam,
To the Prothonotary:
p C)'
Please mark the above captioned action satisfied and discontinued.
Respectfully submitted,
By:
David J. Lanza
Attorney I.D. No. 55782
2132 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
332-1