HomeMy WebLinkAbout05-0544
LINLO PROPERTIES, LP,
a Pennsylvania Limited Partnership,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
vs.
L. J. ULRICH, now known as
LORI J. KUTZ, an individuaL,
tldlb/a KALEIDOSCOPE DAY SPA,
Defendant.
: DOCKETNO.iJ.5"_ ~'f'-lr.,;,,:I T:..-
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a copy of which
is attached to the cornplaint filed in this action, I appear for the defendant and confess judgment in
favor of the plaintiff and against defendant as follows:
(a) Unpaid and accelerated rent:
(b) Interest (6% for 2 months):
(c) Six percent for attorney fees:
(d) Pre-occupancy renovations
(e) Post-breach renovations
$30,249.10
302.49
1,814.94
8,500.00
6.000.00
TOTAL:
$46,866.5
GATES, HALBRUNER & HATCH, P.C.
c-/
&~i
BY:
Cory J. Sno ,Esquire
Sup. Ct. LD. #85734
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
(Attorneys for Plaintiff)
Dated: January ;;F{, 2005
LINLO PROPERTIES, LP,
a Pennsylvania Limited Partnership,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
LORI J. ULRICH, now known as
LORI J. KUTZ, an individnal,
tldIb/a KALEIDOSCOPE DAY SPA,
Defendant.
: DOCKETNO. 05.)'1'1 (J.:H-/
-
) ....-
Notice Under Rule 2958.1 of Judgment
and Execution Thereon
Notice of Defendant's Rights
TO: LORI J. Ulrich, now known as Lori J. Kutz, tld/b/a Kaleidoscope Day Spa, Defendant
A judgment in the amount of$46,866.53 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 rnoney 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 LA WYER 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 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
S;;(C.
Dated: Januaryda' ,2005
COI}; . Sno , Esquire
1013 Mumma Road, Suite 100
Lemoyne, P A 17043
(717) 731-9600
(Attorneys for Plaintiff)
LINLO PROPERTIES, LP,
a Pennsylvania Limited
Partnership,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff,
CIVIL ACTION - LAW
vs.
LORI J. ULRICH, now known as
LORI J. KUTZ, an individual,
tJd/b/a KALEIDOSCOPE DAY SPA,
Defendant.
; DOCKET NO. OS". S'-IY (lu;..P 7;....
COMPLAINT FOR CONFESSION OF JUDGMENT
AND NOW, comes LINLO PROPERTIES, LP (hereinafter "Plaintiff"), by and through its
counsel, Gates, Halbruner & Hatch, P.C., and respectfully complains as follows:
1. Plaintiff is a Pennsylvania limited partnership, with its registered offices at 1013
Mumma Road, Suite 100, Lemoyne, Cumberland County, Pennsylvania 17043.
2. Lori J. Ulrich, was also known as 1. J. Ulrich, and is now known as Lori J. Kutz,
trading and doing business as KALEIDOSCOPE DAY SPA (hereinafter "Defendant") is an adult
individual with a last known address of 310 Indian Creek Drive, Mechanicsburg, Cumberland
County, Pennsylvania 17050.
3. Plaintiff is the owner of a commercial office building located at 3507 Market Street,
Camp Hill, Hampden Township, Pennsylvania 17011.
4. Plaintiff, Linlo Properties, LP, is the successor-in-interest to Linlo Properties, a
Pennsylvania general partnership. Linlo Management, LLC, is the sole General Partner of Linlo
Properties, LP.
5. Linlo Properties, as the Landlord, and Defendant, as the Tenant, entered into a
Commercial Lease dated March 26,2003 (hereinafter "Lease"). A true and correct copy of the Lease
is designated as Exhibit "A" and attached hereto and rnade a part hereof by reference.
6. Defendant has Defaulted on the Lease as defined in Paragraph 26 of the Lease.
Specifically, Defendant has failed to pay rent for the months of November & December 2004, and
January 2005, and Defendant has abandoned and vacated the premises.
7. Judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
8. Plaintiff avers that judgement for the above-captioned matter has not been entered
in any other jurisdiction.
9. Pursuant to the Lease, Plaintiff has the right to accelerate the rent for the unexpired
balance of the term of the Lease and to confess judgment for payment thereof, together with interest
and costs.
10. Plaintiff demands interest at the statutory rate of six (6%) percent from the date of
breach until collection of the judgment.
11. Pursuant to said Lease, Plaintiffmayrequest attorney's fees of six (6%) percent of the
total amount due and owing of$30,249.10. Accordingly, the Plaintiff demands attorney's fees of
$1,814.95 for collection hereof.
12. Because of the unique nature of Defendant's business, extensive renovations were
made to the office suite in question in the amount of $8,500.00, and Defendant breached the Lease
before Plaintiff was able to recover the cost of the renovations under the Lease. Also, Plaintiff must
2
now spend approximately $6,000.00 to re-renovate the suite in order to make it suitable for any
future tenants.
13. As a result of the default described above, Plaintiffis authorized to confess judgment
against Defendant for the following amount:
(a)
(b)
(c)
(d)
(e)
Unpaid and accelerated rent:
Interest (6% for 2 months):
Six percent for attorney fees:
Pre-occupancy renovations
Post-breach renovations
$30,249.1 0
302.49
1,814.94
8,500.00
6.000.00
TOTAL:
$46,866.53
14. Plaintiff now demands judgment as set forth herein and as authorized by the clauses
contained in the Lease.
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment by confession
against Defendant and in favor of Plaintiff in the amount of$46,866.53 plus costs as authorized by
the clauses contained in the Lease.
Respectfully subrnitted,
GATES, HALBRUNER & HATCH, P.C.
BY:
L
ory J. noo, Esquire
Sup. Ct. LD. #85734
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
(Attorneys for Plaintift)
Dated: January ;t[{ ,2005
3
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Commercial Lease
ATLANTIC TRADE CENTER
3507 Market Street, Camp Hill, PA 17011
Suite 101
THIS LEASE AGREEMENT is entered into this ~ day of March, 2003, by and
between LINLO PROPERTIES, a Pennsylvania general partnership, with its principal offices at
1013 Mumma Road, Suite 100, Lemoyne, Cumberland County, Pennsylvania 17043 (the
"Landlord");
AND
1. J. ULRICH, an adult individual, trading and doing business as KALEIDOSCOPE DAY
SPA, with its principal offices at 3507 Market Street, Suite 101, Camp Hill, Hampden Township,
Cumberland County, Pennsylvania 17011 (the Tenant").
NOW, THEREFORE, in consideration of the premises, the mutual terms, covenants and
conditions herein contained, and the rent reserved to be paid by Tenant to Landlord, the parties
hereto, intending to be legally bound, do hereby agree and covenant as follows:
1. PREMISES.
A. Commercial Space. Landlord leases to Tenant and Tenant leases from
Landlord approximately 1,500 mil gross square feet of commercial office space in Suite 101 (the
"Suite") of the building known as ATLANTIC TRADE CENTER, 3507 Market Street (the
"Building"), Hampden Township, Camp Hill, Cumberland County, Pennsylvania 17011, and
surrounding real estate, parking lot and sidewalks (the "Premises").
B. Parkin~ Facilities. It is understood that Tenant, its vendors and customers
of Tenant shall be permitted to use the parking facilities appurtenant to the Premises in common
with other Tenants. No employee parking shall be permitted in the five (5) parking spaces
directly in front of the building on the Market Street side of the Building during regular
business hours for the Building, specifically 8:30 AM to 5:00 PM (houts for parking
restriction may change subject to variations in high volume hours for the Building). Tenant
is requested to inform employees and Vendors that employees and Vendors are discouraged from
parking in the aforementioned spaces.
2. TERM. The three (3) year term (the "Term") shall commence on June 1, 2003
(the "Commencement Date"), and shall expire at 12:00 midnight on May 31, 2006 (the
"Termination Date"). Tenant may occupy the Suite on or after the date on which this lease is
signed.
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Tenant shall have the right and option to renew the term for three (3) additional terms of
three (3) years. Tenant shall exercise its right to renew the term by providing Landlord with
written notice thereof at least one hundred twenty (120) days prior to the expiration of the then
existing term, provided that Tenant shall have no right or option to renew the term of this Lease if
Tenant is in default of any of the terms or provisions of this Lease upon the date of giving of the
notice to renew or any time thereafter through and including the expiration date of the then-
existing term of this Lease.
3. POSSESSION. Possession of the Premises shall be delivered to Tenant on or
after the date on which this lease is signed.
4. USE. The Premises shall be used by Tenant for professional commercial office
space use.
5. RENTAL RATE. Tenant shall pay Landlord as minimum rent during the Term of
this Lease the following listed amounts. All rent shall be payable in advance, punctually and
without demand, deduction or set off, payable on the 1" day of each month during the Term of
this Lease at such place as Landlord may from time to time designate in writing.
During the Term of this Lease, the minimum rental amounts are as follows:
Time Period
06-01-2003 to 05-31-2004
06-01-2004 to 05-31-2005
06-01-2005 to 05-31-2006
Annual Rental Amount
$18,750.00
$18,750.00
$19,311.60
Monthlv Rental Amount
$1,562.50
$1,562.50
$1,609.30
6. LATE CHARGE. If Tenant fails to make any rental or other payment within five
(5) days of the date it is due hereunder, a late charge equal to four percent (4.0%) of the amount of
the payment due shall be immediately due and collectable as additional rent hereunder.
7. OPTIONAL TERM RENTAL RATE. If Tenant exercises its right to extend
this Lease for any of the three (3) additional three (3) year terms, as provided in paragraph 2, then
Tenant shall pay Landlord as minimum rent during the Optional Term of this Lease the amounts
as set forth below. All rent shall be payable in advance, punctually and without demand,
deduction or set off, payable on the 1 Sl day of each month during the Optional Term of this Lease
at such place as Landlord may from time to time designate in writing.
During the First Optional Term of this Lease, the minimum rental amounts will be as
follows:
Time Period
06-01-2006 to 05-31-2007
06-01-2007 to 05-31-2008
06-01-2008 to 05-31-2009
Annual Rental Amount
$23,592.00
$23,592.00
$24,300.00
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Monthlv Rental Amount
$1,966.00
$1,966.00
$2,025.00
During the Second Optional Term of this Lease, the minimum rental amounts will be as
follows:
Time Period
06-01-2009 to 05-31-2010
06-01-2010 to 05-31-2011
06-01-2011 to 05-31-2012
Annual Rental Amount
$25,032.00
$25,032.00
$25,788.00
Monthlv Rental Amount
$2,086.00
$2,086.00
$2,149.00
During the Third Optional Term of this Lease, the minimum rental amounts will be as
follows:
Time Period
06-01-2012 to 05-31-2013
06-01-2013 to 05-31-2014
06-01-2014 to 05-31-2015
Annual Rental Amount
$26,556.00
$26,556.00
$27,360.00
Monthlv Rental Amount
$2,213 .00
$2,213.00
$2,280.00
8. PERSONAL PROPERTY TAXES. Tenant shall pay before delinquency all
taxes, assessments, license fees, and other charges that are levied and assessed against personal
property or fixtures installed or located in or on the Premises and that are payable during the term.
9. SECURITY DEPOSIT. Upon the execution of this Lease, Tenant shall pay to
Landlord the sum of FIFTEEN HUNDRED SIXTY-TWO AND 50/100 DOLLARS
($1,562.50) as a security deposit against damage to the Premises or Tenant's failure to pay any
installments, sums, charges or expenses due under this Lease. The security deposit shall not bear
interest. As a further security for the rent and all other sums and expenses to be paid by Tenant
hereunder, Tenant grants, bargains and sells to Landlord all property of every kind, on or to be
brought onto the Premises, and whenever rent or anything reserved as rent is unpaid, Landlord
may seize or distrain said property, on or off the Premises, and sell the same on due legal notice
for all rent or other payments due as rent, expenses, etc., and for all rent not due holding the same
as security.
10. SUBSTITUTE TAXES. If at any time during the Term the laws concerning the
methods of real property taxation prevailing at the commencement of the Term are changed so
that a tax or excise on rents or any other such tax, however described, is levied or assessed against
Landlord as a direct substitution in whole or in part for any real property taxes, Tenant shall pay
its share before delinquency of the substitute tax or excise on rents.
11. COMPLIANCE WITH LAWS AND CONDITION OF PREMISES. Tenant
shall comply with all laws, ordinances, regulations and insurance requirements concerning the
Premises and any fixtures, machinery or equipment therein, and Tenant's use of the Premises.
This Lease is expressly conditioned upon Tenant being able to obtain such permits and approvals
to put the Premises to the proposed use. Landlord shall comply with all reasonable requests for
assistance in such compliance. Landlord warrants that upon tender of possession the Premises is
in compliance with all pertinent governmental and regulatory ordinances and codes. Tenant has
3
examined and knows the condition of the Premises, and acknowledges that no representations as
to the condition and repair thereof have been made by the Landlord or its agents prior to or at the
execution of the Lease that are not herein expressed, and accepts the Premises in an "as is"
condition without warranty as to their suitability for any particular use.
12. MAINTENANCE. Landlord, at its cost, shall maintain the Prernises, including
the structural components, the roof and exterior of the Premises and any fixtures, machinery or
equipment therein. Tenant, at its cost, shall be responsible for any and all janitorial services
within its office Suite, including the removal, as necessary, of any and all trash and refuse.
Landlord, at its cost, shall be responsible for any and all janitorial services in the common areas of
the Premises, including the removal, as necessary, of any and all trash and refuse. Tenant, at its
cost, shall be responsible for the replacement of any and all light bulbs andlor flourescent light
tubes, and to provide any and all sanitary paper products used in its office Suite. Except as
described in this Lease Agreement, Tenant shall have no responsibility to rnaintain the Premises.
The term "maintain" as used in this Lease shall include re airs. Prior to the. Commencement \
Date of this Lease, Landlord will, at its expense, "II
"~ /
13. STRUCTURAL ALTERATIONS. Tenant shall not make any structural or
exterior alterations to the Premises without Landlord's prior written consent.
14. NON-STRUCTURAL ALTERATIONS AND FIXTURES. Tenant at its cost
after obtaining Landlord's written consent may make nonstructural alterations to the interior of its
office space and may place and attach such equipment, machinery and fixtures therein as Tenant
requires in order to conduct its business in the Building. In making any alterations, etc., Tenant
shall comply with the following:
A. Unless waived in writing by Landlord, Tenant shall submit reasonably
detailed plans and specifications of the proposed alterations or placing of fixtures, machinery or
equipment to Landlord at least fifteen (15) days prior to the date Tenant intends to commence the
alterations or fixturing.
B. The alterations and fixturing, etc., shall be approved by all appropriate
government agencies, and all applicable permits and authorizations shall be obtained before
commencement of the work.
Any alterations made shall remain on and be surrendered with the Building on expiration
or termination of the term, except that Landlord may elect to require Tenant at Tenant's cost to
remove any alterations that Tenant has made to the Building, and Tenant shall restore the
Building to as good condition as existed at the commencement of the Term. Landlord shall
provide Tenant with a complete list of items Tenant must remove no less than sixty (60) days
before the end of the lease Term or any renewal period.
15. MECHANICS' LIENS. Tenant will not permit any rnechanics' claim or lien to
4
be placed upon the Premises or any building or improvement constituting a part thereof during the
Term, and in case of the filing of any such claim or lien, Tenant will promptly discharge same or
procure a lien release bond by a good and sufficient surety corporation in an amount equal to one
and one-half times the amount of the claim or lien. If default in discharge thereof or procuring of
a bond shall continue for thirty (30) days after written notice from Landlord to the Tenant, the
Landlord shall have the right and privilege at Landlord's option of paying the same or any portion
thereof without inquiry as to the validity thereof, and any amounts so paid including expenses and
interest shall be deemed additional rental due and payable by Tenant to Landlord.
16. TAXES. INSURANCE. UTILITIES AND SERVICES. Landlord shall rnake
arrangements for and pay for all real estate taxes, insurance, utilities (except electricity/HV AC)
and services furnished to or used by Tenant, including without limitation, gas, water, sewerage
and trash collection, and for all connection charges. Tenant shall make arrangements for and pay
for electricity/HV AC, and all other services used and consumed in the office space, including
telephone service, television cable, internet services and computer services.
17. INDEMNITY AND EXCULPATION: INSURANCE.
A. Exculpation of Landlord. Landlord shall not be liable to Tenant for any
damage to Tenant or Tenant's property from any cause, including any defective condition of any
part of the Premises, excepting that caused by Landlord's willful acts or negligence and whether or
not such condition existed prior to the date of this Lease. Tenant waives all claims against
Landlord for damage to person or property arising for any reason, except that Landlord shall be
liable to Tenant for damage to Tenant resulting from the willful or negligent acts or omissions of
Landlord or its authorized representatives.
B. Indemnitv. Tenant shall hold Landlord harmless from all damages arising
out of any damage to any person or property occurring in, on, or about the Premises, except that
Landlord shall be liable to Tenant for damage resulting from the willful acts or omissions of
Landlord or its authorized representatives. Landlord shall hold Tenant harmless from all darnages
arising out of any such damage. A party's obligation under this paragraph to indemnify and hold
the other party harmless shall be limited to the sum that exceeds the amount of insurance
proceeds, if any, received by the party being indemnified.
C. Public Liabilitv and Property Damal!e Insurance. Tenant at its cost
shall maintain public liability and property damage insurance and products liability insurance with
liability limits of not less than One Million Dollars ($1,000,000.00) per person and Two Million
Dollars ($2,000,000.00) per occurrence, and property damage limits of not less than Seven
Hundred Thousand Dollars ($700,000.00) per occurrence, with an aggregate coverage of Seven
Hundred Thousand Dollars ($700,000.00) insuring against all liability of Tenant and its
authorized representatives arising out of and in connection with Tenant's use or occupancy of the
Premises.
All public insurance, and property damage insurance shall insure performance by Tenant
of the indemnity provision of subparagraph B above. Both parties shall be named as co-insureds,
5
and the policy shall contain a cross-liability endorsement.
D. Tenant's Fire Insurance. Tenant at its cost shall maintain on all its
personal property, Tenant's improvements, and alterations, in, on, or about the Premises, a policy
of standard fire and extended coverage insurance, with vandalism and malicious mischief
endorsement, to the extent of at least one hundred percent (100%) of their value. The proceeds
from any such policy shall be used by Tenant for the replacement of personal property or the
restoration of Tenant's improvements or alterations.
E. Plate Glass Insurance. Landlord at its cost shall maintain full coverage
plate glass insurance on the Premises. Both parties shall be named as co-insured.
F. Fire Insurance on Building and Other Improvements. Landlord, at its
expense, shall maintain on the building and other improvements that are a part of the Premises a
policy of standard fire and extended coverage insurance (including plate glass insurance, sprinkler
leakage, collapse and vandalism and malicious mischief, also known as "All Risks of Physical
Loss" coverage), to the extent of at least full replacement value. The insurance policy shall be
issued in the names of Landlord and Tenant as their interests appear and shall contain a standard
mortgagee endorsement in favor of the holder of any mortgage having a lien against the Premises.
G. Business interruption Insurance. Landlord at its cost shall maintain
business interruption insurance to insure that the monthly rent will be paid to Landlord for a
period of up to one (1) year if the Premises are destroyed or rendered inaccessible or unusable by
a risk insured against by a policy of standard fire and extended coverage insurance, with
vandalism an malicious mischief endorsements.
H. Workmen's Compensation Insurance. Tenant at its cost shall maintain
legally required limits of Workmen's Compensation Insurance on all persons which it employs
and employer liability coverage as required by law.
I. Waiver of Subrol!ation. The parties release each other, and their
respecti ve authorized representatives, from any claims for damage to any person or to the
Premises and to the fixtures, personal property, Tenant's improvements, and alterations of either
Landlord or Tenant in or on the Premises that are caused by or result from risks insured against
under any insurance policies carried by the parties and in force at the tirne of any such damage.
To the extent that such consent can be obtained, each party shall cause each insurance
policy to provide that the insurance company waives all right of recovery by way of subrogation
against either party in connection with any damage covered by any policy. Neither party shall be
liable to the other for any damage caused by fire or any of the risks insured against under any
insurance policy required by this Lease.
J. Other Insurance Matters. All insurance required under this Lease shall:
(i) Be issued by insurance companies authorized to do business in the
Commonwealth of Pennsylvania, with a high financial rating in the most
6
recent edition of Best's Insurance Reports.
(ii) Contain an endorsement requiring thirty (30) days written notice from the
insurance company to both parties before cancellation or change in the
coverage, scope, or amount of any policy.
(ill) Each policy, together with evidence of payment of premiums, shall be
deposited with the Landlord at the commencernent of the term, and on
renewal of the policy not less than twenty (20) days before the expiration of
the term of the policy.
(iv) Contain a provision that no act or omission of Tenant shall affect the
obligation of the insurer to pay the full amount of any loss sustained with
respect to any policy upon which Landlord is a named insured.
18. FIRE OR OTHER CASUALTY.
A. If the premises are partially damaged by fire or other casualty, the damages
shall be repaired by and at the expense of Landlord, and the rent, until such repairs shall be made,
shall be apportioned from the date of such fire or other casualty according to the part of the
Premises which is usable by Tenant, which such percentage shall be agreed upon by Landlord and
Tenant and shall be based, in part, upon the affect of the fire damage on Tenant's business
operation. Landlord agrees to repair such damage within a reasonable period of time after receipt
from Tenant of written notice of such damage, except that Tenant agrees to repair and replace its
own furniture, furnishings, and equipment.
B. If the Premises are totally damaged or are rendered wholly untenantable by
fire or other casualty and if Landlord shall decide not to restore or not to rebuild the same, or if
the Building shall be so damaged that Landlord shall decide to demolish it or to rebuild it, then or
in any such events landlord shall, within thirty (30) days after such fire or other casualty, give
Tenant written notice of such decision, and thereupon the Term of this Lease shall expire by lapse
of tirne upon the third day after such notice is given, and Tenant shall vacate the Premises and
surrender the same to Landlord. Upon the termination of this Lease under the conditions
hereinbefore provided, Tenant's liability for rent shall cease as of the day following the casualty.
C. The restoration shall be accomplished as follows:
(i) Landlord shall complete the restoration within one hundred eighty (180)
days after final plans and specifications and working drawings have been
approved by the appropriate government bodies and all required permits
have been obtained (subject to a reasonable extension for delays resulting
from causes beyond Landlord's reasonable control).
(ii) Landlord shall retain a licensed contractor that is bondable. The contractor
shall be required to carry public liability and property damage insurance,
standard fire and extended coverage insurance, with vandalism and
7
malicious mischief endorsements, during the period of construction. Such
insurance s hall contain waiver of subrogation clauses in favor of the
Landlord.
D. Abaternent of Rent. In case of destruction, there shall be an abatement or
reduction of rent as provided in Paragraph 18(A), above, and a total release of liability for rent
payments as provided in Paragraph 18(B) until the Premises is restored as provided above.
19. CONDEMNATION.
A. Definitions.
(i) "Condemnation" means (a) the exercise of any governmental power,
whether by legal proceedings or otherwise, by a condemner and (b) a voluntary sale or transfer by
Landlord to any condemner, in lieu of condemnation, under threat of condemnation or while legal
proceedings for condemnation are pending.
(ii) "Date of taking" means the date the condemner has the right to possession
of the property being condemned.
(iii) "Award" means all compensation, sums, or anything of value awarded,
paid, or received on a total or partial condemnation.
(iv) "Condemner" means any public or quasi-public authority, or private
corporation or individual, having the power of condemnation.
B. Parties' Ri~hts and oblil!ations to be Governed bv Lease. If, during the
term, there is any taking of all or any part of the Premises or any interest in this Lease by
condemnation, the rights and obligations of the parties shall be determined pursuant to this
paragraph.
C. Total Takinl!. If the Premises are totally taken by condemnation, this
Lease shall terminate on the date of taking.
D. Partial Takinl!.
(i) Effect on Lease. If any portion of the Premises is taken by condemnation,
this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the
remaining portion of the building or other improvements or the parking area that are a part of the
Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to
terminate this Lease, Tenant must exercise its right to terminate pursuant to this paragraph by
giving notice to Landlord within thirty (30) days after the nature and the extent of the taking have
been determined. If Tenant elects to terminate this Lease as provided in this paragraph Tenant
also shall notify Landlord of the date of termination, which date shall not be earlier than thirty
(30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to
terminate; except that this Lease shall terminate on the date of taking if the date of taking falls on
a date before the date of termination as designated by Tenant. If Tenant does not terminate this
8
Lease within the thirty (30) day period, this Lease shall continue in full force and effect, except
that the monthly rent shall be reduced pursuant to this paragraph.
(ii) Effect on Rent. If any portion of the Premises is taken by condemnation
and this Lease remains in full force and effect, on the date of taking the monthly rent shall be
reduced by an arnount that is in the same ratio to monthly rent as the value of the area of the
portion of the Premises taken bears to the total value of the Premises irnmediately before the date
of taking.
(iii) Restoration of Premises. If there is a Partial taking of the Premises and
this Lease remains in full force and effect, Landlord at its cost shall accomplish all necessary
restoration. Rent shall be abated or reduced during the period f rom the date of taking until the
completion ofrestoration, but all other obligations of Tenant under this Lease shall remain in full
force and effect. The abatement or reduction of rent shall be based on the extent to which the
restoration interferes with Tenant's use ofthe Premises.
E. Award Distribution. The entire award shall belong to and be paid to
Landlord except that Tenant shall receive from the award the following:
(I) A sum attributable to Tenant's improvements or alterations made to the
Premises by Tenant in accordance with this Lease, which Tenant's improvements or alterations
Tenant has the right to remove from the Premises pursuant to the provisions of this Lease but
elects not to remove; and,
(ii) A sum attributable to that portion of the award constituting Tenant's
relocation costs if included in the award; and,
(iii) Any special damages which by their nature are awardable only to the
Tenant and would not, under any circumstances nor under any provision of this Lease be
awardable to Landlord.
20. ASSIGNMENT AND SUBLETTING. Tenant shall not assign or sublet all Of
any part of this Lease or the Premises, without the consent of Landlord, which shall not be
unreasonably withheld, provided, however, that any relative increase in traffic, or change of use
which would affect the character of the shopping center or the traffic patterns thereof, among
other things, shall be deemed the reasonable basis for objecting to an assignment or subletting.
Any assignment by operation of law, attachment or assignment for the benefit of creditors, shall,
at Landlord's option, be inoperative. Notwithstanding any subletting or assigning, Tenant shall
remain obligated to Landlord for the full and faithful performance of all terms and conditions of
this Lease. An assignment within the meaning of this paragraph shall be deemed to include one
or more sales or transfers, by operation of law or otherwise, or creation of new stock, by which an
aggregate of more than fifty percent (50%) of Ten ant's stock shall be vested in a party or parties
who are non-stockholders as of the date hereof.
21. TRANSFER BY LANDLORD. The interest of the Landlord herein may be
9
assigned in whole and also in one or more parts. In the case of any such assignment, the Landlord
shall advise the Tenant of the name or names of the assignee or assignees, and Landlord shall
have no liability hereunder from and after the effective date of any such assignment, except for
obligations which may have theretofore accrued.
22. OUIET ENJOYMENT. Landlord covenants to allow Tenant quietly and
peaceably to enjoy possession of the Premises free from interference or interruption of Landlord
or any other person claiming under or through Landlord, and Landlord represents to Tenant that it
has a sufficient ownership interest in the Premises to enter into and carry out the provisions of this
Lease.
23. ACCESS TO PREMISES. Tenant will allow Landlord reasonable access to the
Premises for the purpose of examining or exhibiting the same, or for any other proper purpose,
and will allow to have placed upon the Premises, at any time, "For Sale" signs and during the last
nine (9) months of the Term of this Lease, "To Rent" signs, and will not interfere with the same.
24. BANKRUPTCY OR INSOLVENCY. If any transfer of Tenant's interest in the
Premises created by this Lease shall be made under execution or similar legal process, or if a
petition is filed by or against Tenant to adjudicate Tenant a bankrupt or insolvent under any
Federal or State law, or if a receiver or trustee shall be appointed for Tenant's business or property
and such appointment is not vacated within thirty (30) days, or if a petition or answer is filed by
or against Tenant under any provision of Federal or State law seeking a reorganization of Tenant
or an arrangement with its creditors, or if Tenant makes an assignment or deed of trust for the
benefit of its creditors, or if in any other manner Tenant's interest under this Lease shall pass to
another by operation of law, then, in any of said events, Tenant shall be deemed to have
committed a material breach of this Lease and an Event of Default, and Landlord may at its
option, exercise its remedies under this Lease without prior notice or opportunity to cure.
25. NOTICES. All notices or other communications pursuant hereto to any party
shall be in writing and shall be deemed given when delivered personally or deposited in the
United States mail, postage prepaid, return receipt requested, addressed to the parties at the
addresses set out below, or at such other address as provided for by a notice complying with this
paragraph:
If to Landlord:
Linlo Properties
Attn: Lowell R. Gates
10 13 Mumma Road, Suite 100
Lemoyne, P A 17043
If to Tenant:
1. J. Ulrich
Kaleidoscope Day Spa
3507 Market Street, Suite 101
CampHill,PA 17011
10
26. DEFAULT.
A. Tenant's Default. The occurrence of any of the following shall constitute
an Event of Default by Tenant:
(i) Failure to pay rent or any other sum of money (including deposits) when
due, if the failure continues for five (5) days after notice has been given to Tenant.
(il) Abandonment and vacation of the Premises (failure to occupy and operate
the Premises for thirty (30) consecutive days shall be deemed an abandonment and vacation).
(iii) Failure to perform any other provision ofthis Lease if the failure to perform
is not cured within thirty (30) days after notice has been given to Tenant. If the default cannot
reasonably be cured within thirty (30) days, Tenant shall not be in default of this Lease if Tenant
commences to cure the default within the thirty (30) day period and diligently and in good faith
continues to cure the default; provided, however, that Landlord's interest in the Premises are not
prejudiced in the interim.
(iv) Notices given under this paragraph shall specify the alleged default, and
shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as
the case maybe, within the applicable period of time. No such notice shall be deemed a forfeiture
or a termination of this Lease unless Landlord so elects in the notice.
B. Landlord's Remedies. Upon the occurrence of an Event of Default by the
Tenant, in addition to any other rights or remedies that Landlord may have under this Lease or at
law or in equity, Tenant covenants and agrees that Landlord shall have the following rights:
(i) To accelerate the whole or any part of the rent for the entire unexpired
balance of the term of this Lease, as well as all other charges, payments, costs and expenses herein
agreed to be paid by Tenant, and any rent or other charges, payments, costs and expenses if so
accelerated shall, in addition to any and all installments of rent already due and payable and in
arrears, and/or any other charge or payment herein reserved, included or agreed to be treated or
collected as rent andlor any other charge, expense or cost herein agreed to be paid by Tenant
which may be due and payable and in arrears, be deemed due and payable as if, by the terms and
provisions of this Lease, such accelerated rent and other charges, payments, costs and expenses
were on that date payable in advance.
(ii) To enter the Premises and without further demand or notice proceed to
distress and sale of the goods, chattels and personal property there found, to levy the rent andlor
other charges herein payable as rent, and Tenant shall pay all costs and officers, commissions,
including watchmen's wages and sums chargeable to Landlord, and further including the five
percent chargeable by the Act of Assembly as commissions to the constable or other person
making the levy and in such case all costs, officers' commissions and other charges shall
immediately attach and become part of the claim of Landlord for rent, and any tender of rent
without said costs, comrnissions and charges made, after the issuance of a warrant of distress,
11
shall not be sufficient to satisfy the claim of Landlord.
(iii) To re-enter the Premises and remove all persons and all or any property
therefrom, either by summary dispossess proceedings or by any suitable action or proceeding at
law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor,
and repossess and enjoy the Premises, together with all additions, alterations and improvernents.
Upon recovering possession of the Premises by reason of or based upon or arising out of a default
on the part of Tenant, Landlord may, at Landlord's option, either terminate this Lease or make
such alterations and repairs as may be necessary in order to relet andlor operate the Premises or
any part or parts thereof, either in Landlord's name or otherwise, for a term or terms which may at
Landlord's option be less than or exceed the period which would otherwise have constituted the
balance of the term of this Lease and other terms and conditions as the market will bear to such
person or persons as may in Landlord's discretion seem best; upon each such reletting all rents
received by Landlord from such reletting shall be applied: first, to the payment of any costs and
expenses of such reletting, including brokerage fees and attorney's fees and all costs of such
alterations and repairs; second, to the payment of rent due and unpaid hereunder; and third, to the
payment of any indebtedness other than rent due hereunder from Tenant to Landlord; and the
residue, if any, shall be held by Landlord and applied in payment of future rent as it may become
due and payable hereunder. If such rentals received from such reletting during any month shall be
less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such
deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry
or taking possession of the Premises or the making of alterations andlor improvements thereto or
the reletting thereof shall be construed as an election on the part of Landlord to terminate this
Lease unless written notice of such intention be given to Tenant. Excepting a lack of due
diligence Landlord shall in no event be liable in any way whatsoever for failure to relet the
Premises or, in the event that the Premises or any part or parts thereof are relet, for failure to
collect the rent thereof under such reletting. Tenant, for Tenant and Tenant's successors and
assigns, hereby irrevocably constitutes and appoints Landlord as their agent to collect the rents
due and to become due under all subleases of the Premises or any parts thereof without in any way
affecting Tenant's obligation to pay any unpaid balance of rent due or to become due hereunder.
Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect
to terminate this Lease for such previous breach.
(iv) To cure any default by Tenant at Tenant's cost. If Landlord at any time, by
reason of Tenant's default, pays any sum or does any act that requires the payment of any sum, the
sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is
paid, and if paid at a later date shall bear interest at the rate of fifteen percent (15.0%) per annum
from the date the sum is paid by Landlord until landlord is reimbursed by Tenant. The sum,
together with interest on it, shall be additional rent.
(v) To terminate this Lease and the term hereby created without any right on
the part of Tenant to waive the forfeiture by payment of any sum due, other than rent or by other
performance of any condition, term or covenant broken, whereupon Landlord shall be entitled to
recover, in addition to any and all sums and damages for violation of Tenant's obligations
hereunder in existence at the time of such termination, as well as all other charges, payments,
12
costs and expenses herein agreed to be paid by Tenant, all discounted at the rate of nine percent
(9.0%) per annum to their then present worth, less the fair rental value of the Premises for the
remainder of said term, also discounted at the rate of nine percent (9.0%) per annum to its then
present worth, all of which amount shall be immediately due and payable from Tenant to
Landlord.
(vi) If Tenant shall default in the payment of the rent herein reserved or in the
payment of any other sums due hereunder by Tenant, Tenant hereby authorizes and empowers any
prothonotary or attorney of any court of record to appear for Tenant in any and all actions which
may be brought for said rent andlor said other sums; and/or to sign for Tenant an agreement for
entering in any competent court an amicable action or actions for the recovery of said suits or in
said amicable action or actions to confess judgment against Tenant for all or any part of said
rental andlor said other sums, including but not limited to the amounts due from Tenant to
Landlord under subparagraphs (i) (iii), (iv), andlor (v) of the Paragraph; and for interest and costs,
together with any attorney's commission for collection of six (6.0%) percent. Such authority shall
not be exhausted by one exercise thereof, but judgment may be confessed as aforesaid frorn time
to time as often as any of said rental and/or others sum shall fall due or be in arrears, and such
powers may be exercised as well after the expiration of the initial term of this Lease andlor during
any extended or renewal term of this Lease andlor after the expiration of any extended or renewal
term of this Lease.
(vii) When this Lease and the term or any extension or renewal thereof shall
have been terminated on account of any default by Tenant hereunder, and also when the term
hereby created or any extension or renewal thereof shall have expired, it shall be lawful for any
attorney of any court of record to appear as attorney for Tenant as well as for all persons claiming
by, through or under Tenant, and to sign an agreement for entering in any competent court an
amicable act on in ejectment against Tenant and all persons claiming by, through or under Tenant
and therein confess judgment for the recovery by Landlord of possession of the Premises, for
which this Lease shall be his sufficient warrant; thereupon, if Landlord so desires, an appropriate
writ of possession may issue forthwith, without any prior writ or proceeding whatsoever, and
provided that if for any reason after such action shall have been commenced it shall be determined
that possession of the Premises remain in or be restored to Tenant, Landlord shall have the right
for the same default and upon any subsequent default or defaults, or upon the termination of this
Lease or Tenant's right of possession as hereinbefore set forth, to bring one or more further
amicable action or actions has hereinbefore set forth, to bring one or more further amicable action
or actions as hereinbefore set forth to recover possession of the Premises and confess judgment
for the recovery of possession of the Premises as hereinbefore provided.
(viii) In any amicable action of ejectment andlor for rent andlor other sums
brought hereon, Landlord shall first cause to be filed in such action an affidavit made by Landlord
or someone acting for Landlord, setting forth the facts necessary to authorize the entry of
judgment, of which facts such affidavit shall be prima facie evidence, and if a true copy of this
Lease (and of the truth of the copy such affidavit shall be sufficient evidence) shall be filed in
such suit, action or actions, it shall not be necessary to file the original as a warrant of attorney,
any rule of Court, custom or practice to the contrary notwithstanding.
13
(ix) No right or remedy herein conferred upon or reserved to Landlord is
intended to be exclusive of any other right or remedy herein or by law provided 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 statute.
(x) Tenant hereby waives and releases all errors and defects which may
intervene in the Landlord's exercise of any of its remedies hereunder, including the summary
remedies; Tenant further waives the right of inquisition on any real estate leveled on and Tenant
voluntarily condemns the same and consents to an immediate execution upon any judgment
obtained by Landlord; Tenant also waives and releases all relief from any and all appraisements,
stay or exemption law of any state now in force or hereafter enacted; Tenant waives any notice to
quit required by any law now in force or hereafter enacted, and Tenant waives its right to trial by
JUry.
27. SIGNS. Tenant at its cost may place, construct and maintain on the Premises a
sign advertising its business at the Premises, consistent with the existing signs and with prior
written approval of Landlord. Landlord will, at Landlord's expense, provide a space for Tenant's
advertisement on the exterior lighted sign along Market Street. Any future changes or corrections
to the exterior lighted sign will be made at Tenant's expense. Landlord will, at Landlord's
expense, provide a space for Tenant's name and suite number on the interior building signs.
28. SUBORDINATION AND CERTIFICATES. If a lender to Landlord requires
that this Lease be subordinate to any encumbrance recorded after the date of this Lease affecting
the Premises, this Lease shall be subordinate to that encumbrance, if Landlord first obtains from
the lender a written agreement that provides substantially the following:
"As long as Tenant performs its obligations under this Lease, no foreclosure of,
deed given in lieu of foreclosure of, or sale under the encumbrance, shall affect
Tenant's rights under this Lease."
Tenant shall attorn to any purchaser at any foreclosure sale, or to any grantee or transferee
designated in any deed given in lieu of foreclosure. Tenant shall execute the written agreement
and any other documents requested by the lender to accomplish the purpose of this paragraph, and
upon failure to do, hereby irrevocably constitutes Landlord as its attorney-in-fact to execute said
documents in its name.
Landlord and Tenant shall, without charge at the request of the other, from time to time
execute certificates to any mortgagee, assignee or purchaser of Landlord and Tenant:
A. That this Lease is unmodified and in full force and effect (or, if there has
been rnodification or default, that the same is in full force and effect as modified and stating the
modification or default).
B. The dates, if any, to which the rent and other charges, if any, hereunder
have been paid in advance.
14
C. Whether Landlord or Tenant is or is not, as the case may be, in default in
the performance of any covenant, condition or agreement on Landlord's or Tenant's part to be
performed.
D. Such other pertinent information with respect to this Lease as Landlord or
Tenant may reasonably request of the other party.
29. WAIVER. No delay or omission in the exercise of any right or remedy of
Landlord on any default by Tenant shall impair such a right or remedy or be construed as a
waiver.
The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of
any other default. It shall constitute only a waiver of timely payment for the particular rent
payment involved. Any waiver by Landlord of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this Lease.
30. ACCORD AND SATISFACTION. No payment by Tenant or receipt by
Landlord of a lesser amount than any payment of rent or other sum herein stipulated shall be
deemed to be other than on account of the earliest stipulated rent or other sum then due and
payable, nor shall any endorsement or statement on any check or any letter accompanying any
check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such
check or payment without prejudice to Landlord's right to recover the balance of such rent or
pursue any other remedy provided in this Lease, at law or in equity.
31. SURRENDER OF PREMISES. Upon the expiration or earlier termination of
this Lease for any reason, all fixtures, equipment, improvernents and appmienances attached to or
built into the Premises in such a manner as to become part of the freehold, whether or not by or at
the expense of Tenant, shall become and remain a part of and be surrendered with the Premises,
except that Landlord may elect to require Tenant, at Tenant's expense, to remove any or all of
such fixtures, equipment, improvements and appurtenances, and Tenant shall restore the Premises
to as good condition as existed on the Commencement Date subject to the conditions and terms
set forth in Paragraph 14 above. Any furniture, furnishings and other articles of movable personal
property owned by Tenant and located in the Premises, shall be and shall remain the property of
Tenant and maybe removed by it any time during the term of this Lease so long as Tenant is not
in default of any of its obligations under this Lease, and the same have not become a part of the
freehold; provided that if any of Tenant's property is removed, Tenant shall repair or pay the cost
of repairing any damage to the Premises resulting from such removal.
Landlord can elect to retain or depose of in any manner any alterations or Tenant's fixtures
or personal property that Tenant does not move from the Premises on expiration or termination of
the term as allowed or required by this Lease by giving at least thirty (30) days' notice to Tenant.
Title to any such alterations or Tenant's fixtures or personal property that Landlord elects to retain
or dispose of on expiration of the thirty (30) day period shall vest in Landlord. Tenant waives all
claims against Landlord for any damage to Tenant resulting from Landlord's retention or
disposition of any such alterations or Tenant's fixtures or personal property. Tenant shall be liable
15
to Landlord for Landlord's costs for storing, removing, and disposing of any alterations or
Tenant's fixtures or personal property, and for Landlord's costs for repairing any damage to the
Premises occasioned by such removals.
If Tenant fails to surrender the Premises to Landlord upon the expiration or termination of
the term as required by this paragraph, Tenant shall hold Landlord harmless from all damages
resulting from Tenant's failure to surrender the Premises, including, without limitation, claims
made by a succeeding tenant.
32. HOLDING OVER. If Tenant, with Landlord's consent, remains in possession of
the Premises after expiration or termination of the term, or after the date in any notice given by
Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a
month-to-month tenancy terminable on thirty (30) days' notice given at any time by either party.
All provisions of this Lease except those pertaining to term, shall apply to the month-to-month
tenancy.
33. TIME IS OF THE ESSENCE. Time is of the essence of each provision of this
Lease. Tenant hereby waives notice to quit the Premises, at the expiration of the term of this
Lease or any earlier termination, and this Lease shall constitute sufficient notice to quit without
any obligation upon Landlord to provide Tenant with any additional notice thereof.
34. REAL ESTATE BROKERS. Each party represents that it has not had dealings
with any real estate broker, finder, or other person, with respect to this Lease, except for Andy
Kohr of Anderson Kohr Commercial-Industrial Realty. Each party shall hold harmless the other
party from all damages resulting from any clairns that may be asserted against the other party by
any broker, finder, or other person, with whom the other party has or purportedly has dealt, except
the above-named broker. Landlord shall pay any commissions or fees that are payable to the
above-named broker or finder with respect to this Lease.
35. GOVERNING LAW. The construction of this Lease and the rights and remedies
of the parties hereto, shall be governed by the law of the Commonwealth of Pennsylvania.
36. AMENDMENTS, ADDITIONS AND CHANGES. No rnodification,
amendment, change or addition to this Lease shall be binding on the parties unless reduced to
writing and signed by their authorized representatives.
37. ENTIRE AGREEMENT. This Lease contains the entire understanding between
the parties and supersedes any prior written or oral agreements between them respecting the
within subject. There are no representations, agreernents, arrangements, or understandings oral or
written, between and among the parties hereto relating to the subject matter of this Lease which
are not fully expressed herein.
38. SEVERABILITY. If any term or provision or portion thereof of this Lease, or
application thereof to any person or circumstance be held invalid, the remainder of said term or
Provision and/or of this Lease shall not be affected thereby. To this end, the parties hereto agree
16
that the terms and provisions of this Lease are severable.
39. CONSTRUCTION. Wherever the context so requires, the feminine gender shall
be substituted for the masculine, the masculine for the feminine or the neuter for either; the
singular shall be substituted for the plural and vice versa. Paragraph headings are for convenience
only and do not constitute a part of this Lease. The terms "Landlord" and "Tenant" shall mean
and include where required by the context, all agents, ernployees, contractor, successors and
assigns of Landlord and Tenant, except where expressly otherwise provided.
40. LEGALLY BINDING. Except as herein otherwise specified, this Lease shall
legally benefit and bind the parties hereto and their respective successors and assigns.
41. COUNTERPARTS. This Lease may be executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which together shall constitute but one
and the same instrument.
IN WITNESS WHEREOF, the parties hereto with intent to be legally bound hereby have
hereunto set their hands and seals the day and year first above written.
WITNESS:
//
.-/
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'------"~
LANDLORD:
Linlo ProlJ r . es
Lowe I R. Gates, General Partner
TENANT:
il!
Ibla Kaleidoscope Day Spa
17
VERIFICATION
The undersigned verifies that the statements contained in the foregoing Complaint are true
and correct to the best of his knowledge, information and belief. This Verification is made subject
to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities.
LINLO PRO
a Pennsylv ia
TIES, LP,
'ted partnership
BY: '{
LOW LL R. GATES, Member
Linl Management, LLC, General Partner
Dated: January d... ~ ,2005
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WRIT OF EXECUTION and/or A TT ACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
N005-544 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due LINLO PROPERTIES, L.P., Plaintiff (s)
From L.J. ULRICH NOW KNOWN AS LORI J. KUTZ, AN INDIVIDUAL TID/B/A
KALEIDOSCOPE DAY SPA, 228 GARLAND DRIVE, CARLISLE, PA 17013
(I) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY
(2) You are also directed to attach the property ofthe defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
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;
(3) Ifproperty 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 $46,866.50
Interest FROM 1/28/05 - $970.71
L.L. $.50
Atty's Cormn %
Ally Paid $37.00
Plaintiff Paid
Date: JUNE 6, 2005
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
ProthO~ ~
~y: f2.-. b P 7?/7/r. ~
Deputy
REQUESTING PARTY:
Name LOWELL R. GATES, ESQUIRE
Address: GATES, HALBRUNER & HATCH, P.c.
1013 MUMMA ROAD, SUITE 100
LEMOYNE, PA 17043-1144
Attorney for: PLAINTIFF
Telephone: 717-731-9600
Supreme Court ID No. 84180
.- -.,.-.....
Gates Halbruner & Hatch, P .C.
By: L~we\l R. Gates, Esquire
PA Attorney 10 No. 84~80
~O~3 Mumma Road, suite ~OO
Lemoyne, PA 17043-~ ~44
(717) 73~-9600
(717) 73~-9627 facsimile
a.peterlin@ aateslawfirm.com
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
______________________________________________________>t
L1NLO PROPERTIES, L.P.,
Plaintiff,
Civil Action
51./1.(
Case No. OS-654-Civil Term
v.
L.J. ULRICH, now known as
LORI J. KUTZ, an individual tJd/b/a
KALEIDOSCOPE DAY SPA,
Defendant.
______________________________________________________>t
PRAECIPE FOR WRIT OF E>tECUTION
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter,
(~ )
(2)
directed to the Sheriff of Cumberland County;
against L.J. Ulrich, now known as Lori J. Kutz, an individural tJd/b/a
(a)
_ p~'f ';lucL aLL ?EJUo~ (
'p.u>f~ '*
.;J;U> ~/)Q.iur....
e.~'sk /)() 17M'!, _/..{2,'
against L.J. Ulrich, now known as Lori J. Kutz, an indivldural tJd/b/a
Kaleidoscope Day Spa, defendant; and
(3)
(4)
against, garnishee;
and index this writ
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Kaleidoscope Day Spa, defendant and
(b) against
, as garnishee as a lis pendens against real
property of the defendant in name of garnishee as follows:
(5) Amount Due
$46,866.50
Interest from01/28/2005 $ 970.71
[Costs to be added] $ 165.00
Respectfully Submitted,
Dated: ~/31 D~
H LBRUNER & HATCH, P.C.
By:
ell R. Gates, Esquire
Att rneys for Plaintiff
. ... -.10--..
CERTIFICATE OF SERVICE
I, Jeffrey L. Shaffer, Legal Assistant, hereby certify that a true and correct
copy of the foregoing Praecipe for Writ of Execution has been seNed this day Upon the
following parties by United States first class mail, postage prepaid, addressed as
follows:
Lori J. Kutz Vd/b/a Kaleidoscope Day Spa
228 Garland Dr.
Carlisle, PA 17013-4271
pro se
GATES, HALBRUNER & HATCH, P.C.
Date: &13/05
By:
J ey L Shaffer, Le 'I Assistant
Attorneys for Plainti~
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Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED, DEFENDANT MOVED TO DAUPHIN COUNTY.
Sworn and Subscribed to before rne
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Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
Postage
TOTAL $
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Advance Costs:
Sheriff's Costs:
150.00
55.02
$ 94.98
18.00
1.08
.50
1.00
3.70
30.00
Refunded to Atty on 06129/05
.74
55.02
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By ClaudIa A. Brewbaker
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