HomeMy WebLinkAbout14-2075 COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
C U VIA 69L. Ac � � MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No. �► a�x5
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
Judge on the date and in the case referenced below.
NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ
6tAr lKlrt 5 D N %, &5 mt) J " 0 9 " 4 • 5ES5f C i+ g2 rW P
ADDRESS OF APPELLAIPT J CITY STATE ZIP CODE
3 IoC� -1cxtIf -row✓1 ROAD , 14ARIZ te> 0?tt P,4 toff
DATE OF JUDGMENT INTHECAS F Plaintimf) De dan '
3 13 t MVO L LC. �'I;KA- kt 5l ue�eo
DOCK No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGE NI
/1n j • t7 4 Z 0 2 --� tr V- 000 o C) 15— 20 1.4
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED
operate as a SUPERSEDEAS to the judgment for possession in this case. within? ^�' twenty
(20) days after filing the NOTICE ofAPPER r
M
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
7
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in actiF_n before MagistenalDistrict
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
Co
PRAECIPE: To Prothonotary "
Enter rule upon M v L [_ C, appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. / ! �� ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature o appellant or attorney or agent
RULE: To M v R, L L 5 appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) if you do not`file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
r
P The date of service of this rule if service was by mail is the date of the mailing.
Date: 20/1, 1 - 1
Signs ure of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
The appellee and the magisterial district judge in whose office the judgment was rendered must be served with a copy of this Notice
pursuant to Pa.R.C.P.M.D.J. 1005(A).
A/63 xo Pcc .s v
AOPC 312 -05��
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND
K> Case
Mag. Dist. No: MDJ- 09 -2 -02 MVR, LLC
MDJ Name: Honorable Jessica Brewbaker V
Address: 18 North Hanover Street Suite 106 Emeka Kingsley Oguejiofor
Business Central Building
Carlisle, PA 17013
Telephone: 717- 240 -6564
Emeka Kingsley Oguejiofor Docket No: MJ- 09202 -CV- 0000015 -2014
DBA Colonial Auto Sales and Serv
___Case- Eii.ed: 1./271201.4. —.�
3960 Jonestown Road _ _ -- - --
Harrisburg, PA 17109
Disposition Summary (cc - Cross Complaint)
Docket No Plaintiff Defendant Disposition Disposition Date
MJ- 09202 -CV- 0000015 -2014 MVR, LLC Emeka Kingsley Oguejiofor Default Judgment for Plaintiff 03/13/2014
Judgment Summary
Participant Joint /Several Liability Individual Liability Amount
Emeka Kingsley Oguejiofor $0.00 $10,795.50 $10,795.50
MVR, LLC $0.00 $0.00 $0.00
Judgment Finding ( *Post Judgment)
In the matter of MVR, LLC vs. Emeka Kingsley Oguejiofor on MJ- 09202 -CV- 0000015 -2014, on 3/13/2014 the judgment was awarded
as follows:
Judgment Component Joint /Several Liability Individual Liability Deposit Applied Amount
Costs $0.00 $160.50 $160.50
Civil Judgment $0.00 $10,635.00 $10,635.00
Grand Total: $10,795.50
i'
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENT /TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO E`<TER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date Magisterial District Judge Jessica Brewbaker
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge
MDJS 315 Page 1 of 2 Printed: 03/13/2014 11:12:51 AM
MVR, LLC Docket No.: MJ 09202 -CV- 0000015 -2014
V.
Emeka Kingsley Oguejiofor
Participant List
Private(s)
David Allen Baric, Esq.
Baric Scherer
Carlisle, PA 17013
Plaintiff(s)
MVR, LLC
816 N College St
Carlisle, PA 17013
Defendant(s)
Emeka Kingsley Oguejiofor
DBA Colonial Auto Sales and Service
3960 Jonestown Road
Harrisburg, PA 17109
MDJS 315 Page 2 of 2 Printed: 03/13/2014 11:12:51AM
7014 APR -1 PM 1': "9
It t
PENNSYLVANIA
V Ent EV-A k' ioc ,, (e y nq LA t o �-oR- pPe IIAI� (
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF t AA O % 6A- — k* N ; ss
AFFIDAVIT: 1 hereby (swear) (affirm) that I served I - Z) -
a copy of the oti a of Appeal, Common Pleas No. upon the Magisterial District Judge designated therein on
(date of service 1 , 20 P, by personal service ❑ by (certified) (registered) mail,
snd%yeceipt attached hereto, and upon the appellee, (name) , on M \(L �-c C
t) C+10
, 20 1 t ❑ by personal service, by (certified) (registered) mail,
sender's receipt attached hereto. l
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 20
Signature of official befbre *who avit was mad Signature ofaffiant
Prothonotary, Cumberland County , Carlisle, PA
My Commission Exp " tresf a First Monday of Jan. 2018
Title of official U . S . P
MAILTm RECEIPT
My commission expires on , 20 I • • O nly;
r-�
0^ For delivery information visit our website at www.usps.come
ru 71 - .PF Iiti d
N Postage $
rrl s. d
certified Fee J�! G A R 4 l
C3 Return Receipt Fee $2. Here S<
M (Endorsement Required) rC
h
Restricted Delivery Fee $0.0! ! - 0 �
0 (Endorsement Required) U)
ru
O Total Postage &Fees 0 .117J?Ilil
I M 8 O
rrt sent To
AOPC 312A - 05 Q Sfreet, Apt No.; --- -- -- ° -^ - - --------- ,. ----------
. , -.
or PO Box No - ------
I{ - On,, state. Z/P+4 -
PS Form :0i August 2006 See Reverse for Instructions
MVR, LLC, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2014 -2075 CIVIL TERM c�
-03
EMEKA KINGSLEY ma)
OGUEJIOFOR d/b /a COLONIAL .'�'
U,r-
AUTO SALES AND SERVICE, :
Defendant < c)
5C.
r2'.:
NOTICE -<
CJ
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by an attorney and filing in writing with
the court, your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other claim
or relief requested by the plaintiff You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249 -3166
MVR, LLC,
V.
Plaintiff
EMEKA KINGSLEY
OGUEJIOFOR d/b /a COLONIAL :
AUTO SALES AND SERVICE, :
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2014 -2075 CIVIL TERM
COMPLAINT
NOW, comes Plaintiff, MVR, LLC, by and through its attorneys, BARIC SCHERER
LLC, and files the within Complaint and, in support thereof, sets forth the following:
1. Plaintiff, MVR, LLC, is a Pennsylvania limited liability company with a business
address of 816 North College Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant, Emeka Kingsley Oguejiofor d/b /a Colonial Auto Sales and Service
with an address of 3960 Jonestown Road, Harrisburg, Dauphin County, Pennsylvania 17109.
3. Plaintiff is the owner of a certain commercial real estate property known as 469
East North Street, Carlisle, Cumberland County, Pennsylvania 17013 ( "leased premises ").
4. On or about April 12; 2011, the parties entered into a Property Lease Agreement
( "Lease Agreement "). A true and correct copy of the Lease Agreement is attached hereto as
Exhibit "A" and is incorporated by reference.
5. The term of the Lease Agreement was April 15, 2011 through September 15,
2012.
6. The Lease Agreement set rent at $45,000.00 for the term of the lease ($2,500.00
per monthly installment).
7. The Lease Agreement provides for a late charge in the amount of five dollars
($5.00) per day after the fifth (5th) day of the month, with a maximum charge of thirty -five
($35.00) dollars for the month.
8. The Lease Agreement provides that Defendant is to return the premises, to the
condition at the commencement of the lease.
9. The Lease Agreement provides that Defendants agree to obtain written consent
from Plaintiff before making alterations to the premises.
10. The Lease Agreement provides that Defendant shall pay reasonable charges, other
than for normal wear and tear, for the repair of damage to the premises caused by negligence or
willful acts of tenant, members of tenant's household, or guests.
11. On or about May 31, 2013, Plaintiff gave written notice to Defendant that
Defendant was to vacate the property by September 1, 2013.
12. On or about November 1, 2013, Defendant vacated the leased premises.
13. The Lease Agreement provides for the recovery of attorneys' fees and court costs.
BREACH OF CONTRACT
MVR, LLC v. EMEKA KINGSLEY OGUEJIOFOR
d/b /a COLONIAL AUTO SALES AND SERVICE
14. Plaintiff incorporates by reference paragraphs one through thirteen as though set
forth at length.
15. Plaintiff and Defendant entered into a Lease Agreement in which Defendant was
obligated to pay rent, late charges and make repairs to the lease premises as well as court costs
and attorney fees associated with any legal action concerning the Lease Agreement.
16. Defendant has breached their obligation to pay for repairs to the leased premises
to Plaintiff.
17. Defendant has breached his obligation to pay court costs and attorney fees as a
result of his breach of the Lease Agreement.
18. As a direct and proximate result of these breaches, Plaintiff has not been paid for
repairs for the lease premises nor court costs properly due from the Defendant.
WHEREFORE, Plaintiff requests judgment in his favor and against Defendant for the
sum of $10,635.00, plus costs and attorney fees incurred by Plaintiff to the date of award.
Respectfully submitted,
BARIC SCHERER LLC
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249 -6873
VERIFICATION
The statements in the foregoing Complaint are based upon information which has been
assembled by my attorney in this litigation. The language of the statements is not my own. I
have read the statements; and to the extent that they are based upon information which I have
given to my counsel, they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904 relating to unsworn falsifications to authorities.
DATE:
LEASE AGREEMENT
THIS LEASE AGREEMENT, made this day of 2011 between MVR LLC, a Pennsylvania Corporation,
with offices in Harrisburg, Pennsylvania ("Lessor"); and Emeka Kingsley Oguejiofor DBA Colonial Auto
Care Sales and Service("Lessee")
WITNESSETH:
For consideration of the rental herein reserved, and of the covenants , conditions agreements and
stipulations of the lessee hereinafter expressed, the parties agree as follows;
1) The lessor hereby leases to lessee, and lease from lessor, the following described premises.
A, The commercial property known as 469 East North Street, Carlisle Pennsylvania _space is
10,000 square feet. (Leased premises)
B, Together with the right to use any and all existing means of ingress to and egress from the
leased premises. ---
C, The lessee acknowledge that (1) Lessee has inspected the leased premises and hereby accepts
the same in "as is " condition, and (2) the lessor has made no warranties and/or representations
regarding the condition of the leased premises.
2, Term
A, The term of the lease shall be for (1)-one year and 5 months commencing on the 15th day of
April 2011 and terminating on the 15th September 2012.
B, Any holding over after the expiration of the term hereof, or any renewal, shall be consirued to
be a tenancy from month to month.
C, If neither party gives written notice of termination of this lease, the lease shall automatically
renew on the anniversary date of said lease for a like term.
3. Rental, The lessee hereby covenants and agrees to pay to the lessor at 469 East North street,
Carlisle PA 17013 or at such other place as the lessor may from time to time designate in writing
as rental for the leased premises during the term of this lease, an annual rental, payable
monthly in advance beginning on the first day of commencement of this lease and continuing on
the same day of each month thereafter for the entire term of this lease as follows.
A Lessee agrees to pay an annual rental of Thirty thousand dollars(530,000) payable each
month in the amount of Twenty five hundred dollars ($2,500) per month to be paid on the 10th
day of each month during the term of this lease.
LIP 24
Signature...evict/04..
LA-
111S' 61* AA vic 1 t sept-ertz-- Fi
ii —retx.g7 ezet-c-c-Cg-eif1 c:? rcswit--- r\--txP IT
LL 4Drvt/t-C4=1 1EICASW1 9 111 14.1
EXHIBIT "A"
Warehouse
L
•EASE AGREEMENT
THIS LEASE AGR.F,ErvVENT, made this day of "„qween MYR,
Li...C.; a -Pennsylvania. C:orporation, with offices in Harrisburg,1;ennsylvania (Lessor"); and
6.;.(1-.1) r•-h4•-• •D( etiff-•E- 1.0\-10 -CEirkttig _ ("Lessee").
• W1TNESSETH:
For and -in consideration of the rentai herein reserved, and of the covenants, conditions,
agreements. and stip:at:tons of the Lessee hereinafter expressed, the parties agree as follows:
. • Premises. The Lessor hereby leases to Lessee, and Lessee hereby leases
from Lessor, the following described premises.
A. The c.oininercial property known as 469 East North Street, Carlisle,
_Space: eviins6d //Arc ("1-emed Premises").
Lit cot 64- U.Sed 4 i.00-4
13. Together with the right to use any and all existing means of ingress to
lirrd ,a.Fre;t:.--rfs.zzi the Leased Premises.
C. The Lessee acknowledges that: I) Lessee has inspected the Leased
llereby accepts the same in as is condition, and (2) the Lessor has made no
• warrantieS and/or representations regarding the condition oldie Leased ?remises.
• •
2. • Term.
. „
The tern of the Lease shall be for ona-(+) year commencing on the j"
• .
. .
. .
•
• .6:Y.,(.".1 A:pc ; 29.1i and terminating on the "ay of S/-.44 tker 20 a
. . .
Any holding over after the expiration of the teen hereof, or any renewal,
• ..';sball.lietsetrued to be a tenancy from month to month,
. • ••
If neither party gives written notice of termination of this Lease, the
. ,
..:easc:57,-4.9-p automatically. reneki: on the anniversary •date of said Lease JOT a like term.
Rental. The -Lessee hereby covenants and agrees to pay to the Lessor at 469 East
North:-.Sti:eet.. Carlisle PA 17013 or at such other place as the Lessor inay from time to tinie
designate in ;7,Titints as rental for the Leased Premises during ihe term of this Lease, an annual
...rental, ;Payable monthly in advance beginning on the first day of commencement of this lease and
centi•iig:Orl the same day of each month thereafter for the entire term of this Lease as follows:
A. • Lessee agrees to oay an annual rental of -1- y .()
I" 1
Dollars go „a (),Q) payaPIe each .t.nonth, as //Q. , ..ae amount
At/ ebt Dollars (s a400._) per month to be paid on the lOay
.1Ofeaolitorrthduring the terin of this Lease. • A - 1
B. The Lessee shall not make any changes, alterations, additions, or
improvements to the Leased Premises without the prior written consent of Lessor.
C. For those buildings which currently have plumbing and heating lines, the
Lessor shall maintain the plumbing and heating lines: however, all repairs to the plumbing and
heating lines necessitated by the action of Lessee or Lessee's agent or employees shall be at the
expense of the Lessee.
D. The Lessee shall promptly remove all snow, ice, and rubbish from the
Leased Premises and the common areas surrounding the building which houses the Leased
Premises and the driveway entrance.
7. Utilities and Taxes. -- SSA ?1A1�
A. All electric light, power, telephone, sewer water, and other utility service
charges and assessments shall be paid by the Lessee for the benefit of the Leased Premises.
B. The Lessor shall pay all Real Estate Taxes and special assessments,
levied, assessed, or imposed against the Leased Premises and surrounding common areas which
are assessed during the term of this Lease.
8. Trash Services. The Lessee agrees to keep all rubbish and garbage in
containers while on the Leased Premises and shall dispose of all of such rubbish and garbage in
proper containers. The. Lessee shall pay for all trash removal services required on the Leased
Premises. SptIcz's -A-No DNe pits46r
9. Damage to Lessee's Property or Premises.
A. The Lessor and its agents shall not be liable in damages, by abatement in
rent or otherwise, for any damage, either to the person or the property of the Lessee, or for the
loss or damage to any property of the Lessee by theft or from any other cause whatsoever,
whether similar or dissimilar to the foregoing. The Lessor or its agents shall not be liable for any
injury or damage to persons or property, or loss or interruption to business resulting from fire,
explosion, falling plaster, steam, gas, electricity, water, rain, snow, or leaks from any part of the
building, or from the pipes, appliances, or plumbing works, or from the roof, street, or subsurface,
or from any other place, or by dampness, or by any cause of whatsoever nature; nor shall lessor or
its agents be liable for any damage caused by the other tenants or persons in said building, or
caused by operations in construction of any private or public or gas - public work. None of the
limitations of the liability of Lessor or its agents provided for in this subsection (A) shall apply if
such loss, injury, or damage is proximately caused by the gross negligence or breach by Lessor,
its agents, employees, or independent contractors.
B. Lessee's Liability For Damage to Lessor's Property. The Lessee
shall be liable for any damage to the leased Premises and the building of which it is a part or
property therein which may be caused by its act or negligence, or the acts of its agents,
employees, or customers, and the Lessor may, at its option, repair such damage, and Lessee shall
thereupon reimburse and compensate the Lessor as additional rent, within five (5) days after
rendition of a statement by Lessor, for the total costs of such repair and damage.
10. Indemnity. Liability Insumnce,Building Insurance. Waiver of Subrogation.
A. The Lessee hereby indemnifies and agrees to hold the Lessor harmless
and free from damages sustained by person or property, and against all claims of third persons for
damages arising out of the Lessee's use of the Leased Premises, and for all damages and Moines
paid out by Lessor in settlement of any claim or judgments, as well as for all expenses and
attorneys' fees incurred in connection therewith.
B. The Lessee shall, during the entire term of this Lease and any renewal
hereof, keep in frill force and effect a policy of public liability and property damage insurance
with respect to the Leased premises, with minimum coverage of Five Hundred Thousand Dollars
($500,000.00) per accident, occurrence, or casualty. Such insurance shall insure Lessee and
Lessor as its interest may appear.
C. The Lessor shall be responsible for the cost and expense of keeping the
building and improvements ( including the Leased Premises) insured against loss or damage by
fire or other casualty insurable under standard fire and extended coverage insurance in an amount
equal to the full current replacement cost of said building.
11. Damage or Destruction to Premises.
A. If the Leased Premises, or any portion thereof, shall be damaged during
the term by fire or any casualty insurable under the standard fire and extended coverage insurance
policies, but are not wholly untenantable, Lessor shall repair and /or rebuild the same as promptly
as possible, provided that the proceeds from Lessor's insurance policies are available to Lessor.
The Lessor shall not be required to repair or rebuild any fixtures, installations, improvements, or
leasehold improvements made to the interior of the Leased Premises by Lessee, nor Lessee's
exterior signs; such repairs and/or replacements are to be made by Lessee. In such event, the
Lease not terminate, but shall remain in full force and effect, and a proportionate reduction
in the `fixed minimum monthly rental shall be made from the time of such fire or casualty until
said premises are repaired or restored, except (1) if Lessee can use and occupy the Leased
Premises without substantial inconvenience; or (ii) if said repairs are delayed at the request or by
reason of any act on the part of Lessee which prevents or delays the repair of said premises by
Lessor, there shall be no reduction in rental while said premises are being repaired, nor for any
period of delay caused by or requested by Lessee. The Lessor's obligation to repair shall be
subject to any delays from labor troubles, material shortages, insurance claim negotiations, or any
other causes, whether similar or dissimilar to the foregoing, beyond Lessor's control.
B. If the Leased Premises are rendered wholly untenantable by fire or other
cause, or if the Leased Premises or the building in which they are located should be damaged or
destroyed by fire or other casualty, to the extent of fifty percent (50 %) or more of the monetary
value of either thereof, whether the Leased Premises themselves be damaged or not, or so that
lift; percent (50 %) or more of the floor space contained in either thereof shall be rendered
untenantable, then, and in that event, Lessor may, at its option, terminate this Lease or elect to
repair or rebuild the same. If, as a result of any damage either to the Leased Premises or to the
building of which they are a part, the Lessor determines to demolish or rebuild the leased
Premises, or the building of which it is a part, then, and in any such event, Lessor may also
terminate this Lease. In any of the foregoing instances, Lessor shall notify the lessee as to its
election within sixty (60) days after the casualty in question. If Lessor elects to terminate this
Lease, then the same shall terminate three (3) days after such notice is given, and Lessee shall
immediately vacate the leased Premises and surrender the same to lessor, paying the rent to the
4
time of such vacation and surrender, subject to an equitable abatement from the time of said
damage. If Lessor doe not elect to terminate this Lease, Lessor shall repair and /or rebuild the
leased Premises as promptly as possible, subject to any delay from causes beyond its control
reasonable control, and the term shall continue in full force and effect, subject to equitable
abatement in the fixed minimum monthly rental from the time of said damage or destruction until
said premises are repaired or restored.
12. Eminent Domain. If the Leased Premises, or any part thereof, shall
be taken under eminent domain proceedings, or transferred to a public authority in lieu of such
proceedings, lessor may terminate this lease as of the date when possession is taken. All damages
awarded for such taking shall belong to and be the property of lessor. The Lessee shall have no
claim against Lessor by reason of such taking or termination and shall not have any claim or right
to any portion of the amount that may be awarded or paid to Lessor as a result of any such taking,
except that Lessee shall have the right to make a claim against such public authority for its loss of
business and for any other relief available to Lessee by law in the event such taking involves the
physical taking of all or a portion of the Leased Premises, and, in such event, Lessee shall also
have the right to terminate this Lease as of the date when possession is taken by the public
authority.
13. Estoppel Certificate Statement, Attornment, Subordination, and Execution of
Documents.
A. The Lessee agrees that at any time and from time to time at reasonable intervals, within
ten (10) business days after written request by Lessor, Lessee will execute, acknowledge, and
deliver to Lessor, Lessor's mortgage, or other designated by Lessor, a certificate in such form as
may from time to time be provided, ratifying this Lease and certifying:
(i) That this Lease is in full force and effect, and has not been assigned,
modified, supplemented, or amended in any way or if there has been any
assignment, modification, supplement, or amendment, identifying the
same.
(ii) That this Lease represents the entire agreement between Lessor and
Lessee as to the subject matter her of and if there has been any
assignment, modification, supplement, or amendment, identifying the
same.
(iii) The Commencement Date and Termination Date.
(iv) That all conditions under this lease to be performed by lessor has been
satisfied and if not, what conditions remain unperformed.
(v) That to the knowledge of the signer of such writing, no default exists in
the enforcement of this lease by Lessor or specifying each default,
defense, or offset of which the signer may have knowledge.
(vi) That no rental has been paid in advance other than for the month in
which such certificate is signed by Lessee.
(vii) The amount of security deposited with Lessor pursuant to Paragraph 4
hereof.
5
(viii) The date to which all rentals due hereunder have been paid under this
Lease.
B. The Lessee shall, in the event any proceedings are brought for the
foreclosure of, or in the event of exercise of the power of sale under mortgage covering the
Leased Premises, attorn to the purchaser upon any such foreclosure or sale and recognize such
purchaser as the Lessor, subject to all of Lessee's duties, obligations, rights, and options under
this Lease.
C. Upon request by the Lessor, Lessee shall subordinate its rights hereunder
to the lien of any mortgage or mortgages, or the lien resulting from any other method of financing
or refinancing, now or hereafter in force against the land and /or the buildings of which the leased
premises are a part, or against any buildings hereafter placed upon the land of which the Leased
Premises are a part, and to all advances made or hereafter to be made upon the security thereof;
provided, however, that a condition precedent to Lessee's requirements to subordinate hereunder
shall be that Lessee, upon any default in the terms of such financing by Lessor, shall have the
right to pay the rental due hereunder directly to the mortgagee or other persons to whom Lessor
may be obligated under such financing and, so long as Lessee does so pay the rentals as herein
provided, this Lease and all Lessee's right and options hereunder shall remain in full force and
effect as to such mortgagee or other financing obligee of Lessor.
D. The Lessee, upon request of any party in interest, shall execute, within
ten (10) days of Lessee's receipt, such instruments or certificates to carry out the intent of these
paragraphs above as shall be requested by the Lessor. Provided, however, that nothing contained .
in such instruments or certificates required by Lessor shall be in derogation of any rights granted
to Lessee hereunder, nor expand Lessee's obligations hereunder, and if any such instruments or
certificates would have the effect of accomplishing one or both of the foregoing, either explicitly
or implicitly, then Lessee shall not be obligated to execute the same.
14. Default.
A. If Lessee shall, at any time, begin default of the payment of either rent or
any payments required of Lessee hereunder or any part thereof, for more than ten (10) days after
the same shall be due hereunder, regardless of whether demand has been made therefor, of if
Lessee shall be in default of any of the other covenants and conditions of this Lease to be kept,
observed, and performed by Lessee for more than thirty (30) days after the giving of written
notice by the Lessor to the Lessee of such default, or if Lessee shall vacate or abandon the leased
Premises, or fail to take possession of the leased Premises and actively operate its business
therein, or if Lessee shall be adjudged a bankrupt, or if a receiver or trustee shall be appointed and
shall not be discharged with thirty (30) days from the date of such appointment, then and in any
such events, the Lessor may reenter the Leased Premises by summary proceedings or otherwise,
and thereupon may expel all persons and remove all property therefrom, without becoming liable
to persecution therefor, and may, amount other remedies, elect:.
(i) To relet said Leased Premises as the agent of the Lessee, and reserve the
rent therefrom, applying the same first to the payment of the reasonable
expense of such reentry, and then to the payment of the rent accruing
hereunder, but whether or not the Leased Premises are relet, the Lessee
shall remain liable for the equivalent of all rent and other charges
provided for under this lease, plus the cost of reletting, if any, which said
6
amount shall be due and payable to the Lessor as damages, or rent, as the
case may be, on the successive monthly rent days hereinabove provided;
or
(ii) To- terminate this Lease and immediately resume possession of the
Leased Premises, wholly discharged from any obligations under the term
of this Lease, and may reenter and repossess said Leased Premises, free
from any and all claims on the part of the Lessee. Termination of the
Lease does not discharge or in any way affect Lessee's obligation to pay
Lessor all the rents or other charges or payment accruing under the Lease
up to the date of termination.
B. The Lessor shall not be in default unless it fails to perform the
obligations require of Lessor by this lease Agreement within (60) days after written notice by
Lessee to lessor specifying which obligation (s) Lessor has failed to perform. Provided, however,
that if the nature of the specified obligaton(s) is such that more than sixty (60) days are required
for performance, then Lessor shall not be in default if it commences performance within such
sixty -day period and thereafter diligently prosecutes the same to completion. If Lessor has not
cured or commenced to cure the default set forth in said notice within said sixty-day period,
lessee may, at its option, either: (i) cure such default and deduct the reasonable cost and expense
incurred from the next and succeeding rent payment(s), or (ii) cancel this Lease and, in such
event, this lease shall thereupon ease, terminate, and come to an end with the same force and
effect as though the original demised term had expired at that time.
15. Subletting and Assigning. The Lessee shall not sublet any portion of the
Leased Premises nor assign this Lease in whole or in part without the written consent of Lessor as
to both the terms of such assignment or sublease and the identity of such assignee or sublessee,
which consent shall not unreasonably be; withheld, and in the event of a subletting so approved
by Lessor, Lessee shall nevertheless remain obligated to Lessor under the terms of this Lease
Agreement.
16. Quiet Enjoyment. The Lessor covenants and agrees with Lessee that upon
Lessee paying the said rent and performing all of the covenants and conditions aforesaid on
Lessee's part to be observed and performed, Lessee shall and may peaceably and quietly have,
hold, and enjoy the Leased Premises hereby leased, for the term aforesaid; subject, however, to
the terms of this Lease, any mortgage, or other instruments now or hereafter created by Lessor.
17. Signs. The Lessee shall not alter, replace or add to any sign anywhere on the
property constituting the Leased Premises or the building in which it is housed, whether such sign
be neon, translucent, plastic, or otherwise, unless plans and specification shall first be submitted
to Lessor in writing and Lessor shall have the right to direct and determine the size, content,
design, construction and location of such sign on the Leased Premises.
18. Hazardous Materials. The Lessee agrees that it will not store, treat, or
discharge, produce, transport or dispose of any hazardous waste, polychlorinated biphenyls,
asbestos or other hazardous substance as defined by the Comprehensive Environmental Response
Compensation and Liability Act of 1980, and the failure of Lessee to comply with this provision
shall constitute a default under this Lease.
19. Notices. All notices to be given under this Lease shall be in writing and
shall either be served personally or sent by certified mail, return receipt requested. All notices
7
mailed as herein provided shall be deemed received two (2) days after mailing. Notices to Lessee
shall be sent to 611 South York Street, Mechanicsburg, Pennsylvania, 17055, or such other
address as the Lessee may specify in Written notice to Lessor. Notices to lessor shall be sent to:
RLC Inc., P.O. Box 3886, Harrisburg, Pennsylvania 17105, or such other address as the Lessor
may specify in written notice to Lessee.
20. Memorandum of Lease. The Lessee agrees that it will not record this
Lease or otherwise make it a matter of public record unless required in any litigation, involving
Lessee. If Lessee or Lessor request, the parties will enter into a short -form lease, describing the
premises and the term of the lease, and including any other terms necessary to permit the
recording of such short -form lease. Such recording, if requested by Lessee, shall be at it's cost
and expense.
21. Expense of Enforcement. If either Lessor or Lessee should prevail in any
litigation by or against the other party related to this Lease, or if either party should become a
party to any litigation instituted by or against the other with respect to any third party, then as
between Lessor and Lessee, the losing party shall indemnify and hold the prevailing party
harmless from all costs and reasonable attorneys' fees incurred by the prevailing party in
connection with such litigation.
22. Inspection. The Lessee will permit Lessor, its agents, employees, and
contractors to enter all parts of the Leased Premises to inspect the same and to enforce or carry
out any provisions of this Lease.
23. Nonwaiver. The Lessor's or Lessee's failure to insist upon strict performance
of any covenant of this lease or to exercise any option or right herein contained shall not be a
waiver or relinquishment for the future of such covenant, right, or option, but the same shall
remain in full force and effect.
24. Captions. The captions and headings herein are for convenience and
reference only and should not be used in interpreting any provision of this Lease.
25. Applicable Law. This Lease shall be governed by and construed under the
laws of the Commonwealth of Pennsylvania. If any provision of this Lease, or portion thereof, or
the application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Lease shall not be affected thereby, and each provision of
this Lease shall be valid and enforceable to the fullest extent permitted by law. Time is of the
essence in this Lease.
26. Successors. This Lease and the covenants and conditions herein contained
shall inure to the benefit of and be binding upon Lessor, its personal representatives, successors,
and assigns; and shall be binding upon Lessee, its successors and assigns; and shall inure to the
benefit of Lessee and only such assigns of Lessee to whom the assignment by Lessee has been
consented to by Lessor.
27. Force Majeure. The time within which any of the parties hereto shall be required
to perform any act or acts under this lease, including the performance of lessor's and Lessee's
work, shall be extended to the extent that the performance of such act or acts shall be delayed by
acts of god, fire, windstorm, flood, explosion, collapse of structures, riot, war, labor disputes,
delays or restrictions by governmental bodies, inability to obtain or use necessary materials, or
any cause beyond the reasonable control of such party, other than lack of monies or inability to
8
procure monies to fulfill its commitment or obligation under this Lease; provided, however, that
the party entitled to such extension hereunder shall give prompt notice to the other party of the
occurrence causing such delay. The provision of this Paragraph 28 shall not operate to excuse
Lessee from prompt payment o rent, additional rent, or any other payments required by the terms
of this Lease.
28. Parking. The Lessee shall be permitted to use available parking
spaces located on the Leased Premises.
29. Amendments in Writing. This Lease sets forth all of the covenants,
promises, agreements, conditions, and understandings between lessor and Lessee concerning the
Leased Premises, and there are not covenants, promises, agreements, conditions, or
understandings, oral or written, between them other than are herein set forth. Except as herein
otherwise provided, no subsequent alteration, amendment, change, or addition to this lease shall
be binding upon Lessor and Lessee unless reduced to writing and signed by both parties.
30. Authority. The Lessee warrants and represents to Lessor that Lessee's
execution of this Lease has been duly authorized by the Lessee's Board of Directors.
31. Copies. This Lease shall be executed in multiple copies, any one of
which may be considered and used as an original.
IN. WITNESS THEREOF, the parties have hereto executed this instrument on the day
and year first above written.
LESSOR:
MVR, LLV�
y�i■I By:
Name:_Mich* D. Vishneksy Name: _Gre gg M'olle
Title:
Co-0 ner Title: Co -Owner
MVR, LLC
ATTEST:
WITNESSES: �tJo6_, I
9
LESSEE:
CERTIFICATE OF SERVICE
I hereby certify that on April A4-, 2014, I, David A. Buie, Esquire of Baric Scherer LLC,
did serve a copy of the Complaint, by first class U.S. mail, postage prepaid, to the party listed
below, as follows:
Emeka Kinglsey Oguejiofor
d/b/a Colonial Auto Sales and Service
3960 Jonestown Road
Harrisburg, Pennsylvania 17109
David A. Buie, Esquire
Benjamin L. Cox, Esquire
108 Hamilton Circle
Post Office Box 1408
Harrisburg, Pennsylvania 17105
(717) 608-8649
Supreme Court ID# 68929
Attorney for Defendant, Emerka Kingsley
MVR, LLC
Plaintiff
vs.
EMEKA KINGSLEY OGUEJIOFOR
dba Colonial Auto Sales and Service,
Defendant
OF TIE PRO THOU ° TA
R
20iii!IA Y 14 441 8 48
CUMBERLAND COUNTY
PENNS YLVANIA
Oguejiofor dba Colonial Auto Sales & Service
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -- LAW
: NO. 2014-2075 CIVIL TERM
PRELIMINARY OBJECTIONS OF DEFENDANT, EMEKA KINGSLEY OGUEJIOFOR
dba COLONIAL AUTO SALES & SERVICE TO COMPLAINT BY PLAINTIFF, MVR, LLC
PURSUANT TO PA.R.C.P. 1028 (a)(3)
Defendant, Emerka Kingsley Oguejiofor dba Colonial Auto Sales & Service
("Defendant"), by and through his attorney, Benjamin L. Cox, Esquire, files these Preliminary
Objections to Plaintiff, MRV, LLC's ("Plaintiff'), Complaint pursuant to Pa.R.C.P. 1028 (a)(3)
and avers as follows:
1. Plaintiff filed its Complaint on or about April 24, 2014.
2. Plaintiff's Complaint, inter alia, alleges that Defendant breached the terms of a
lease contract between the parties. See Plaintiff's Complaint.
3. Plaintiff's Complaint should be dismissed because it evidences insufficiency of
specificity in a pleading.
4. Pennsylvania Rule of Civil Procedure 1028 (a)(3) authorizes a defendant to file
preliminary objections to a complaint where the action was filed with insufficiency of specificity
in a pleading.
5. Attached to Plaintiff's Complaint as its Exhibit "A", which purports to be a Lease
Agreement between Plaintiff and Defendant.
6. However, incongruity exists between Paragraph 6 of Plaintiffs Complaint and Paragraph
2A and 3A of the Lease Agreement. Is rent for the term $45,000.00 or $30,000.00.
7. Additionally, it appears that Plaintiff's Exhibit consists of two (2) Lease Agreements,
instead of one.
8. Defendant is placed at a distinct disadvantage because he is not certain to which Lease
Agreement Plaintiff's Compliant refers, especially since neither Lease Agreement recites a
$45,000.00 as rent for the lease term.
9. Contrary to Paragraph 17 of Plaintiffs Complaint, the Lease Agreement does not
automatically award attorney fees to Plaintiff, rather the prevailing party is entitled to have the
losing party pay its attorney fees. Of course, that is one source of Defendant's confusion:
Plaintiff may be referring to another Lease Agreement.
10. Pennsylvania is a specific pleading jurisdiction. A party cannot prepare, file, and serve a
Complaint in Pennsylvania that is riddled with generalities and expect the defendant to "read
between the lines", as it were. Plaintiff's Complaint must be clear and concise and the facts
well -pleaded in order for the plaintiff to comprehend fully the force and impact of the cause of
action plaintiff is filing against him/her/them.
11. Plaintiff's Complaint contains a prayer for a judgment against Defendant in excess of
$10,000.00. However, a perusal of the Complaint reveals that Plaintiff did not attach any
exhibits or state any facts upon which it contends to be entitled to collect over $10,000.00 from
Defendant. No itemization is attached to Plaintiff's Complaint to inform Defendant how the
ostensible damages accrued.
WHEREFORE, Defendant, Emerka Kingsley Oguejiofor dba Colonial Auto Sales &
Service, respectfully requests that this Honorable Court enter an Order sustaining Defendant's
Preliminary Objections and dismissing Plaintiff, MRV, LLC's Complaint for preparing and
filing a complaint that suffers from insufficiency of specificity in a pleading, together with any
and all other relief deemed just by this Honorable Court.
By:
Respectfully submitted,
Benjami'W ox, Esquire
108 Hamilton Circle
Post Office Box 1408
Harrisburg, Pennsylvania 17105
(717) 608-8649
Supreme Court ID# 68929
Attorney for Defendant,
Emerka Kingsley Oguejiofor dba Colonial
Auto Sales & Service
VERIFICATION
I, Emerka Kingsley Oguejiofor dba Colonial Auto Sales & Service, verify the facts set
forth in the foregoing Preliminary Objections are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
Emerka Kingsley Oguejiofor dba Colonial
Auto Sales & Service
Dated: 0-0131(
PRAECIPE FOR LISTING CASE FOR ARGUMENT
3r.
(Must be typewritten and submitted in tri licate)Ji ff0 III Rtlfi'
=rltf•
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the witl1i jmatter for the)next 7
Argument Court.) E3 i tI 3 ,
CAPTION OF CASE Ut3HI3ERLAND COUNTY
(entire caption must be stated in full) PENNSYLVANIA
MVR, LLC
Plaintiff
vs.
EMEKA KINGSLEY OGUEJIOFOR
d/b/a Colonial Auto Sales
and Service,
Defendant
No. 2014-2075 Civil.:
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Preliminary Objections of Defendant Emeka Kinglsey Oguejiofor
dba Colonial Auto Sales & Service To Complaint By Plaintiff,
2. Identify all counsel who will argue cases: MVR , LLC , Pursuant To Pa .R.C.P. 1028(a)(3 ;
(a) for plaintiffs:
David A. Baric, Esquire
(Name and Address)
19 West South Street, Carlisle, Pennsylvania 17013
(b) for defendants:
Benjamin L. Cox, Esquire
(Name and Address)
108 Hamilton Circle, Harrisburg, Pennsylvania 17105
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: August 15 , 2014
Date:
b/p/
ignature
David A. Baric, Esquire
Print your name
Plaintiff
Attorney for
INSTRUCTIONS:
1. Original and two copies of aII briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 14 days prior to argument.
3. The responding party shall file their brief 7 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
g/9 7s
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
CAPTION OF CASE
(entire caption must be stated in full)
C)
3 - ---s
MVR, LLC, nnrn
=7.)rn
cn vINDrr
-<..,,, c
EMEKA KINGSLEY v6GUEJIOFOR r- - T',
d/b/a Colonial Auto Sales _v?`
and Service, - CZ
No. 2014-2075 Civik':rm(,,)
-r-
1.
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Preliminary Objections Of Defendant, Emeka Kingsley Oguejiofor
dba Colonial Auto Sales & Service To Complaint By Plaintiff
2. Identify all counsel who will argue cases: MVR , LLC , Pursuant To Pa . R . C . P . 1028(a)(3
(a) for plaintiffs:
David A. Baric, Esquire
Plaintiff
Defendant
(Name and Address)
19 West South Street, Carlisle, PA 17013
(b) for defendants:
Benjamin L. Cox, Esquire
(Name and Address)
108 Hamilton Circle, Harrisburg, PA 17105
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
September 26,-2014
August 19, 2014
Date:
ignature
David A. Baric, Esquire
Print your name
Plaintiff
Attorney for
INSTRUCTIONS:
1. Original and two copies of a II briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 14 days prior to argument.
3. The responding party shall file their brief 7 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted
419.7spdAby
e -#02N/4
t2*-3/oa83
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MVR, LLC
Plaintiff
2014
NO. -2075
CIVIL TERM F2..
VS
rri c.r,
rn
z•
(f)
Emeka Kingsley Oguejiofor d/b/a Colonial Auto Sales & Service :
Defendant
CD
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially
following form:
THE PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
David A. Baric, Esquire , counsel for the plaintifficiefexclunix in the above
action (or actions), respectfully represents that:
1. The above -captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 10,635.00
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
Benjamin L. Cox, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
AND NOW,
petition, Esq., and
Esq., and Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
David A. Baric, Esquire
ORDER OF COURT
, 20 14 , in consideration of the foregoing
By the Court,
KEVIN A. HESS, P.J.
ekh
"14 3 // 676
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MVR, LLC
vs
Plaintiff
Emeka Kingsley Oguejiofor d/b/a Colonial Auto Sales & Service
Defendant
RULE 1312-1
following form:
No. 2014-2075
CI
T
C)
The Petition for Appointment of Arbitrators shall be substantially iniac
C:3
THE PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
David A. Baric, Esquire , counsel for the plaintiff/ddeNdttntx in the above
action (or actions), respectfully represents that:
1. The above -captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 10,635.00
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
Benjamin L. Cox, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
fully su ' u itted,
CD :,
David A. Baric, Esquire
ORDER OF COURT
AND NOW, 1(0 e,� �p , 20 14 , in consideration of the foregoing
petition,�/ 1 L
Esq., and G!/)2.
Esq., andt. GL Esq., are appointed arbitrators in the
captioned action (or actions) as prayed for.
szd _ a 4
a/Sye
,66:i 3 // 676
61riG
; L. eoy ,
e0)04 mcc,/ell 1dho/ii-c
Y-114
By the Court,
C-) r
C= ca
m W CD
fTl C-)
cam, c
KEVIN A. HE
#14.
MVR, LLC,
Plaintiff
V.
EMEKA KINGSLEY
OGUEJIOFOR d/b/a
COLONIAL AUTO SALES
And SERVICE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2014 - 2075 CIVIL TERM
IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS
BEFORE GUIDO, MASLAND, JJ.
ORDER OF COURT
AND NOW, this 151:14 day of OCTOBER, 2014, by agreement of the parties the
Defendant's Preliminary Objections are withdrawn and the matter is to be submitted to
compulsory arbitration.
David A. Baric, Esquire
Benjamin L. Cox, Esquire
-- Court Administrator - .464A1 d4,4e4.47/
:sld /144,4-41 10// 7 //
Edward E. Guido, J.
c-)
-0
Benjamin L. Cox, Esquire
108 Hamilton Circle
Post Office Box 1408
Harrisburg, Pennsylvania 17105
(717) 608-8649
Supreme Court ID# 68929
Attorney for Defendant, Emerka Kingsley Oguejiofor dba Colonial Auto Sales & Service
2.1714 NOV 24 PM 12: 32
CUMBERLAND COUNTY
MVR, LLC
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -- LAW
: NO.2014-2075 CIVIL TERM
EMEKA KINGSLEY OGUEJIOFOR :
dba Colonial Auto Sales and Service,
Defendant
•
ANSWER TO THE COMPLAINT-OF=PLAINTIFF, MVR, LLC
Defendant, Emerka Kingsley Oguejiofor dba Colonials Auto Sales & Service
("Defendant"), by and through his attorney, Benjamin L. Cox, Esquire, files this Answer to
Plaintiff, MRV, LLC's ("Plaintiff'), Complaint pursuant to applicable Pa.R.C.P. and avers as
follows:
1. This averment requires no answer. However, Plaintiffs Exhibit "A" and related
documents attached to its Complaint list its offices as being in Harrisburg, Pennsylvania.
2. Admitted.
3. This averment requires no answer.
4. This averment is expressed denied. Attached to Plaintiffs Complaint are two
documents under the rubric Exhibit "A". Both purport to be a "LEASE AGREEMENT."
However, neither contains the degree of specificity sufficient to satisfy Pennsylvania's Rules of
Civil Procedure pertaining to 'fact specific pleadings.' _ Presumably, Plaintiff intends for both
documents to serve as evidentiary support for its proposition that it and the Defendant entered
into a contractual relationship. To Plaintiff's chagrin, those documents do not support that
proposition. Their terms seem contradictory to the extent of being mutual neutralizing.
5. Two LEASE AGREEMENTS show a term of April 15, 2011 to September 15, 2012 .ase
Agreement between Plaintiff and Defendant.
6. Denied. Plaintiff's Complaint lacks clarity and conciseness. Assuming without deciding
that both LEASE AGREEMENTS constitute and compose one seamless document, one part of
the document sets the rent at $30,000.00 annually and the other sets the rent at $45,000.00
annually! The Defendant is betwixt and between due to Plaintiff's imprecise draftsmanship. for
adversarial advantage, Plaintiff would promote the $45,000.00. annual rent versus the $30,000.00
annual rent.
7. Denied. Plaintiff's Exhibit "A", in its various permutations, contains no such late charge
language as set forth in Plaintiff's Complaint.
8. Denied. After a reasonable reading and exhaustive examination of Plaintiff's Exhibit
"A" the Defendant is not certain what condition the premises were to have been delivered to
him/it in at the commencement of Plaintiff's Exhibit "A."
9. Admitted. Exhibit "A" can be reasonably read to require the Defendant to obtain
Plaintiff's written consent before making alterations to the premises. However, conspicuous by
its absence is any averment by Plaintiff that the Defendant made any alternations to the premises,
with or without obtaining Plaintiff s.written consent, rendering that issue moot.
10. Admitted. Exhibit "A" can be reasonably read to provide for the Defendant to repair
damages caused by his/its_ negligence or willful acts of tenant, members of tenant's household, or
guests. However, conspicuous by its absence is any averment by Plaintiff that the Defendant or
any tenant, tenant's household, or guests caused damage to the premises by negligence or willful
acts.
11. Denied. Conspicuous by its absence is any exhibit attached to Plaintiff's Complaint that
supports its averment of giving the Defendant written notice to vacate the property by September
1, 2013.
12. Denied. It is denied that the Defendant vacated any leased premises owned by the
Plaintiff on November 1, 2013.
13. Paragraph 21 of Plaintiff's convoluted Exhibit "A" contains language to the effect that
the losing party in any litigation arising from said Exhibit shall indemnify and hold harmless the
prevailing party in connection with such litigation, with the operative word being "reasonable."
BREACH OF CONTRACT
MVR, LLC v. EMEKA KINGSLEY OGUEJIOFOR
dba COLONIAL AUTO SALES AND SERVICE
14. This paragraph requires no answer
15. Denied. It requires a strained and/or tortuous reading of Plaintiff's. Exhibit "A" to draw
the conclusion that the Defendant was obligated to pay late charges and repair the leased
premises when nowhere in its Complaint does the Plaintiff aver that rent payments were late
and/or that repairs were required to be made to the leased premises. Exhibit "A" requires the
losing party in any litigation filed to pay the reasonable attorney fees and costs incurred by the
prevailing party in said litigation.
16. Denied. Plaintiff's Complaint does nor aver and does not contain any exhibits supportive
of its specious claim that any repairs were made to the leased premises during the Defendant's
tenancy, if, in fact, the Plaintiff can prove that such a tenancy ever existed.
17. Denied. No court has ruled on the merits of the Plaintiffs Complaint. In all likelihood,
given that the burden of proof is on the Plaintiff, it will not prevail on its Complaint. Therefore,
it will be the losing party. Therefore, the Defendant, the prevailing party, will be entitled to
reasonable attorney fees and court costs.
18. Denied. The Plainfiff's Complaint has not set forth or averred any cause of action that
established a breach of contract action by the Defendant. The Plaintiff has not identified any
repairs undertaken, provided any receipts as exhibits or photographs sand has not provided an
itemized listing of its cause of action that would provide the Defendant with notice sufficient to
satisfy Pennsylvania's strict requirement of `specific fact pleadings' in Complaint filings.
WHEREFORE, Defendant, Emerka Kingsley Oguejiofor dba Colonial Auto Sales &
Service, respectfully requests that this Honorable Court enter an Order dismissing Plaintiff,
MRV, LLC's Complaint and enter a judgment in his/its favor, including, as set forth in
Paragraph 21, reasonable attorney fees and court costs and to order any and all other relief
deemed just and merited. by this Honorable Court.
By:
Respectfully submitted,
Benja U . Cox, Esquire
108 Hamilton Circle
Post Office Box 1408
Harrisburg, Pennsylvania 17105
(717) 608-8649
Supreme Court ID# 68929
Attorney for Defendant,
Emerka Kingsley Oguejiofor dba Colonial
Auto Sales & Service
VERIFICATION
I, Emerka Kingsley Oguejiofor dba Colonial Auto Sales & Service, verify the facts set
forth in the foregoing ANSWER are true and correct to the best of my knowledge,
information and belief I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
Dated: I I -AA
Emerka Kingsley Oguejiofor dba Colonial
Auto Sales & Service
Benjamin L. Cox, Esquire
108 Hamilton Circle
Post Office Box 1408
Harrisburg, Pennsylvania 17105
(717) 608-8649
Supreme Court ID# 68929
Attorney for Defendant, Emerka Kingsley
MVR, LLC
Plaintiff
vs.
Oguejiofor dba Colonial Auto Sales & Service
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -- LAW
: NO.2014-2075 CIVIL TERM
EMEKA KINGSLEY OGUEJIOFOR :
dba Colonial Auto Sales and Service,
Defendant
CER TFICATE OF SERVICE
I hereby certify that on November 21 , 2014, I, Benjamin L. Cox, Esquire, did serve a true and
correct copy of the foregoing Defendant's ANSWER, by first class mail, United States Postal
Service, postage prepaid, to the Plaintiffs Attorney named below:
BARIC SCHERER, LLC
do David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
Dated: By:
Benj :i . x, Esquire
108 Ha on Circle
Post Office Box 1408
Harrisburg, Pennsylvania 17105
(717) 608-8649
Supreme Court ID# 68929
Attorney for Defendant
Emerka Kingsley Oguejiofor dba Colonial
Auto Sales & Service