HomeMy WebLinkAbout14-4421 Timothy B.Anderson(PA 54034)
Justin G. Weber(PA 89266)
PEPPER HAMILTON LLP is'
100 Market Street,Suite 200
Post Office Box 1181
Uhl
Harrisburg,PA 17108-1181 L,I ji YL Vilk[i I y,
(717)255-1155 k Attorneys for Plaintiff
(717)238-0575 Fax Valley Quarries,Inc.
VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
CIVIL ACTION—CONFESSION
JUDGMENT
VS. �lUt
[ OF
NO. Jq-LJL4D1
DOUGLAS W. STATLER
Defendant JURY TRIAL DEMANDED
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a copy
of which is attached to the complaint filed in this action, I appear for the Defendant Douglas W.
Statler, and confess judgment in favor of the Plaintiff Valley Quarries, Inc., and against the
Defendant Douglas W. Statler as follows:
Total Monthly Lease Payments Due: $4,125.81
(For the Period September 2013
through July 14, 2014)
Attorneys' Fees (15%) 618.87
Minus Security Deposit (500.00)
Balance Due $4,244.68
plus costs of suit.
Dated: July 28, 2014 �r-C•�V-(—
TIMCr,pftY
B. ANDERSON (PA 59891)
JUSTIN G. WEBER(PA 89266)
Pepper Hamilton LLP
100 Market Street, Suite 200
P.O. Box 1181
Harrisburg, PA 17108-1181
717.255.1155
717.238.0575 (fax)
andersont@pepperlaw.com
weberjg@pepperlaw.com
Attorneys for Plaintiff
Valley Quarries, Inc.
-2-
Timothy B. Anderson(PA 54034)
Justin G. Weber(PA 89266)
PEPPER HAMILTON LLP
100 Market Street, Suite 200 n ._ `' ' ub
Post Office Box 1181 u '� ''L +hjrUC�r _
Harrisburg,PA 17108-1181 t' � $YLV�� ;r,'�1 s,I it
(717)255-1155 �'�' Attorneys for Plaintiff
(717)238-0575 Fax Valley Quarries, Inc.
VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
CIVIL ACTION—CONFESSION OF
JUDGMENT
VS. t i Ia (�V �
NO. N-L—`
DOUGLAS W. STATLER
Defendant JURY TRIAL DEMANDED
COMPLAINT IN CONFESSION OF JUDGMENT
Plaintiff Valley Quarries, Inc. ("Valley Quarries"), by and through its undersigned
attorneys, files this Complaint in Confession of Judgment for money against Defendant Douglas
W. Statler("Defendant"), and alleges as follows:
PARTIES
1. Valley Quarries is in the business of selling stone and other items and has
an office located at 297 Quarry Road, P.O. Box 2009, Chambersburg, Franklin County,
Pennsylvania 17201.
2. Defendant is an adult individual with a last known address of 42 Jumper
Road, Shippensburg, Franklin County, Pennsylvania 17257.
INSTRUMENT
3. On or about February 1, 2012, Defendant and Plaintiff entered into an
agreement whereby Defendant executed and delivered to Plaintiff a Lease Agreement for the
monthly payment of the amount due ("Lease Agreement").
4. In the Lease Agreement, Plaintiff, in consideration of the monthly
payment, leased to Defendant the premises situate in the County of Cumberland described as
"the former equipment repair garage at the prior location of the Valley Transit Mix off of
Garfield Street in Shippensburg, Pennsylvania, leased space to be limited to four(4) bays" to be
used for storage and mechanical work of a non-commercial nature and for no other purpose
("Leased Premises"). A true and correct copy of the Lease Agreement and the Addendum to
Lease Agreement are attached hereto as Exhibit A.
DEFAULT
5. The Lease Agreement required Defendant to make payments to Plaintiff in
monthly installments commencing February 1, 2012.
6. Defendant has failed to pay Plaintiff the monthly installments since
September 2013 and Defendant owes Plaintiff in excess of$4,200.00.
7. To the date of this Complaint, despite demands by Plaintiff, Defendant has
failed to pay the outstanding amounts due to Plaintiff, thereby constituting a default.
8. In the Lease Agreement, Defendant authorized "the Prothonotary or any
attorney of any court of record"to "appear for and confess judgment . . . for the whole of said
rent . . . with costs, and attorney's commission of fifteen(15)per cent or one hundred ($100.00)
dollars, whichever is greater."
-2-
ITEMIZED COMPUTATION OF AMOUNT DUE
9. An itemized computation of the amounts due from Defendant to Plaintiff
as of July 14, 2014, under the Agreement is as follows:
Total Monthly Lease Payments Due: $4,125.81
(For the Period September 2013
through July 14, 2014)
Attorneys' Fees (15%) 618.87
Minus Security Deposit (500.00)
Balance Due $4,244.68
JUDGMENT NOT BEING ENTERED AGAINST A NATURAL PERSON
IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION
10. The judgment is not being entered by confession against a natural person
in connection with a consumer credit transaction.
NO ASSIGNMENT OF THE INSTRUMENT
NO PRIOR ENTRY OF JUDGMENT ON THE INSTRUMENT
11. The Lease Agreement was not previously assigned.
12. Judgment has not been entered on the Lease Agreement in any
jurisdiction.
INSTRUMENT NOT MORE THAN TWENTY YEARS OLD
13. Defendants executed the Lease Agreement less than twenty years ago.
-3-
DEMAND FOR JUDGMENT
WHEREFORE, as authorized by the warrant contained in the Lease Agreement,
Plaintiff demands judgment against Defendant in the amount of$4,244.68, plus costs of suit.
C���
TI Y B. ANDERSON (PA 54034)
JUSTIN G. WEBER (PA 89266)
Pepper Hamilton LLP
100 Market Street, Suite 200
P.O. Box 1181
Harrisburg, PA 17108-1181
717.255.1155
717.238.0575 fax
andersont@pepperlaw.com
weberjg@pepperlaw.com
Attorneys for Plaintiff
Dated: July 28, 2014 Valley Quarries, Inc.
-4-
EXHIBIT A
LEASE AGREEMENT
MADE THIS first day of February , 2012 , by and between Valley Quarries, Inc.. P.O.
Box 2009, Chambersburg, PA 17201-0809(hereinafter called Lessor),and Douglas W. Statler,
42 Jumper Rd., Shippensburg, PA 17257, (hereinafter called Lessee).
WITNESSED,that Lessor,in consideration of the rents and covenants hereinatler
mentioned, hereby leases unto Lessee, the premises situate in the County of Franklin and/or
Cumberland ,and Commonwealth of Pennsylvania,described as follows:
The former egui nrR ent repair YurUge crt the prior locrr 'on d the Lq&a, !'_ensu Mix off o/'
9—ar,fi dd Strees in Sfty en burg, P�1 Lensed space to he llmfted to four(#)trctvs
to be used for storage and mechanical work of a non commercial nature and for no other purpose,
beginning on the I"day of Feb rtaa- ,2012,and ending on the last day of JAgj!M. 2013 .
CONSIDERATION OF WHICH,the Lessee agrees to pay to Lessor, the sum of
$500.0 ars, payable as follows:
Payable in advance on the 30th day of each month while this Lease remains in effect as
renewed monthly.
Furtherniore,a security depose �' 00be due and payable along with the first
months rent upon execution of this lease..
AS A FIIRTIIF?R CONSIDERATION,for the use and occupancy of said premises,the Lessee hereby
.agrees to faithfully keep and be bound by the following covenants,conditions and agreements:
1. '17he premises are to be kept and maintained by Lessee in as good repair and condition as at present and
at the expiration of this lease they are to he surrendered in like repair and condition,except for ordinary wear and
tear and damage by accidental fire or other casualty not due to negligence of Lessee or those acting for or employed
by Lessee. If the Lessee fails to make the necessary repairs or restoration,Lessor may,but need not,make repairs
and collect the cost as rent due. Alterations are prohibited unless approved in writing,by Lessor.
2. The premises are to be kept In a clean and sanitary condition and all ashes,trash and garbage which
may accumulate thereon,as well as snow on sidewalks,shall be removed,and in case of failure to remove the same,
the Lessor may collect as rent due double the cost of removal.
3, The Lessee shall and will pay for water,electricity,gas or other services for the use ol'the said
premises,as the same shall become due,during the term of this lease agreement or any renewal thereof,unless
otherwise provided herein,and on failure to pay for such services when due,the Lessor inay pay for such services
and collect the same from the Lessee as rent due.
4. The Lessee agrees to obey all regulations of Lessor%ohich Lessee is given written notice of before the
execution of this agreement by Lessee.
S. Neither the whole nor any portion of the said premises shall be sublet nor shall this lease or any interest
thereon be assigned or mortgaged by the Lessee,
6. Nothing shall he done upon said premises contrary to the conditions of the policies of insurance upon
the buildings thereon,whereby the hazard may be increased or the insurance invalidated.
7. No business contrary to any governmental laws,regulations or ordinance shall at any time be conducted
on the premises. Lessee agrees that Lessor has no responsibility for determining that Lessee's use is permitted by
zoning or other governmental requirements.
8. The Lessor expressly reserves the right to enter upon the premises at reasonable times for the purpose
of making necessary inspections,repairs,or to show the same to prospective purchasers or lessees,and may display
"For Sale"or"For Rent"cards thereon.
9. in the event of fire or other casualty not due tothe negligence of Lessee or his servants,Lessor may,at
his option(a)abate the rent for the portion of the premises unfit for Lessee's use and repair the damage,or(b)
terminate the lease.
14. In the event the premises or any part thereof are taken or condemned for public or quasi public use,this
iease shall,as to the part so taken,terminate as of the date title shall vest in the condemnor. 'the Lessee waives all
claims against the Lessor by reason of the complete or partial taking of the premises and waives all right to
participate in any award other than damage specifically allowed Lessee under the Eminent Domain Code of
Pennsylvania. if only part of the premises are taken,the rent shall abate for the portion so taken,or,at Lessor's
option,the entire lease may terminate.
1 l. This lease is subordinate to mortgages and other encumbrances now on the premises,as well as any
lease or arrangement whereby Lessor is in control of the premises and Lessee agrees,if Lessor's control shall
terminate,this leasee shall terminate,and Lessee waives all claims because of Such termination. The Lessee agrees,
at Lessor's request,to execute subordination agreements to implement or confirm this subordination.
12. if default shall be made in the payment of any part of the said rent after the same becomes due,or in
case of a breach or evasion or any attempt to break or evade any of the covenants or conditions of this agreement,
the entire rent reserved for the full term of this lease remaining unpaid shall become due and payable at once and
may forthwith be collected by distress or otherwise,and at the same time the Lessor may forfeit and annul the
unexpired portion of this lease and enter upon and repossess the said premises with or without process of law,and
without giving any notice whatsoever. Payment of rent in arrears shall not,as Lessor's option,avoid forfeiture. The
Lessee waives the usual notice to quit and agrees to surrender,without any notice whatsoever,at the expiration of
said term or termination of this lease as provided herein.
13. in the event of any default,the Lessor,or anyone acting on Lessors behalf,may,without notice or
demand,eater the premises,breaking open locked doors if necessary.without liability for prosecution or damages
for such entry or for the manner thereof,for the purpose of distraining or levying and for any other purposes and
take possession of and sett all goods at auction atter three days notice served in person on the Lessee or left on the
premises,and pay the Lessor out of the proceeds. The removal of any goods from the premises,whether by day or
by night,without the written consent of lessor,shall be dectned a clandestine and fraudulent removal and such
goods shall remain subject to distress for a period of ninety(90)days after such removal,wherever they may be
found.
14. It is further agreed,that if the Lessee shall become insolvent,make an assignment for the benefit of
creditors,commit any act of bankruptcy,file a voluntary petition in bankruptcy,or if any judgment shall be entered
or an involuntary petition in bankruptcy filed against the Lessee,all the rent reserved for the full term of this lease
shall become due and collectible,immediately by distress or otherwise,at Lessors option.
15. The Prothonotary or any attorney of any court of record,is hereby authorized to appear for and confess
,judgment against the Lessee and in favor of the Lessor for the whole of said rent,as hereinbefore set forth,with
.costs,and attorney's commission of fifteen(15%)per cent,or one hundred($100.00)dollars,whichever is greater,
waiving all rights to strike or open.judgment as well as any affidavit of non-military service and further waiving any
exemption. no lessee waives all notice of levy as well as rights to release from levy of any and all real and
personal property levied upon attached. The Lessee further waives ail defects or irregularity in the writ of
execution,levy,or service,as well as all legal and equitable grounds for stay or setting aside of execution. The
Lessee agrees that the cost of any bond or security required by the SheritT for retaining possession of and preserving
property of the Lessee that has been levied upon shall be taxed as costs. Any cost of moving,selling or storing
levied property removed under a writ of possession,may,at the option of the Lessor,be collectible as rent due. The
Lessee also waives all notice of sale and all rights to set aside any Sherilt's or executing officer's sale,or make
exception to any Sheriff's or executing officer's distribution. Judgment may be confessed,as aforesaid, from time to
time.and such power may be exercised after expiration of the lease and during any extension of the lease or renewal
of this lease. The Lessee waives all requirements of notice of distress and all remedies set forth in the Landlord and
Tenant Act of 1951,or anv successor Act of Assembly,as well as all rights to replevin,appeal or writ of certiorari.
Lessee further waives the benefit of all appraisernent,stay and exemption laws and all bankruptcy or insolvency
laws now in tierce or hereafter passed. Lessee releases Lessor from damages for wrongful entry of judgment,
distraint or errors.
16. Upon the breach of any of the covenants or agreements of this lease,or upon its termination by
forfeiture,default or expiration,the Prothonotary or any attorney of any court of record, is hereby authorized to
appear for the Lessee and to confess judgment in ejectment against the Leasee and in favor of the Lessor for the
leased premises,and the Lessee further authorizes the immediate issuance of a writ of possession,or,by a Justice of
the Peace,an order of possession,waiving any notice,hearing,stay of execution or setting aside of execution based
on exemption, immunity,or any act of congress or assembly,as well as any defects in the order,writ,or service and
any other legal or equitable grounds and further expressly waives all notice to remove. Should judgment in
ejectment be confessed against the Lessee,the Lessee agrees to pay Lessor an attorney's commission of S 100.00,
which sum may be collectible as rent due.
17. Acceptance by the Lessor of any of the said rent at any time after the same shall become due,after
default has been made in the payment thereof,or any failure to enforce any of the rights herein reserved to Lessor,or
any of the penalties, forfeitures or conditions herein contained,shall not in any way be considered a waiver of the
right to enforce the same,ai any time,without any notice whatsoever,and any attempt to collect the rent by one
proceeding shall not be considered as a waiver of the right to collect the same by any other proceeding,but all of the
rights of the lessor and all forfeitures,penalties,and conditions may be enforced together or successively at the
option of the Lessor.
18. It is further agreed that the terms and conditions of this agreement shall in no way be changed or
altered except by a writing signed by all the parties hereto. If this agreement is executed by Lessor's agent,Lessee
waives any requirement that such agent's authority be in writing.
19. If the Lessee shall continue in possession of the premises after the expiration of the term of this lease,
at the option of the Lessor,such holding over may be held and deemed a renewal of this agreement for another like
term,the same as though a new agreement,identical with this,had been executed and delivered by the parties hereto
for a succeeding term.
20. The conditions of this agreement shall extend to the administrators and executors of all the parties
hereto.
IN WITNESS WHEREOF,the parties hereto,intending to be legally bound, have
hereunto set their hands and seals the day and year first above written.
Attest: VALLEY QUARRIES, INC.
,—" ) b (Seal)
Attest: Lessee:
AGREEiMENf-Land Lls5 Indemnification Agreement
'this Agreement,entered into this 1st day of February 2012,between Douglas W.Starter,42 Jumper St.,
Shippensburg,IIA 17257("Licensee")and Valley Quarries,Inc. ("Owncr'},Witness to:
Whereas I..icensee has requested permission to visit or otherwise utilize the properly of Owner and Owner
agrees to allow I.t`censce to visit/utilize Owner's property located at 24 Garfield Street, Shippensburg, PA
("Owner's Property) for the following purposes only storage and mechanical work of a non commercial
nature and under the conditions set forth in this Agreement.
Now therefore,in consideration of allowing Licensee to utilise Owner's property, Licensee shall indemnify
and hold harmless Owner and its agents and employees from and against all claims, damages, losses and
expenses including attorney's fees arising out of or resulting from the use of Owner's property,provided that
any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to
injury or destruction of tangible property including the loss of use resulting therefrom, and (b) is caused in
whole or part by an act or omission of Licensee,anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by the
Owner. lith regard to any claims against Owner,Licensee agrees to waive any inimunity or limitation for
contribution or indemnification pursuant to any workers'compensation law or other sim0ar law.
It is further agreed that Licensee is solely and exclusively responsible for the performance of all aspects of the
activities involved in this Agreement and exclusively responsible for Safety involving said activities. licensee
agrees to comply with all local, state mid federal laws (luring the performance of said activities. licensee
agrees that it is performing said activities exclusively pursuant to Licensee's sole judgment. licensee agrees
that Owner has made no representations concerning its property or the suitability of the property for
Licensee's activities. Iecensee agrees to exclusively perform all inspections necessary to assure Ownex's
property is safe for frcensee's activities. Licensee agrees that Owner has made no representations regarding
the C)wnces property or the use of said property and T.icensee further agrees that use of(homer's property is
permitted based upon Licensee's agreement to be solely and exclusively responsible for the condition of
Owner's property and its use for the activities by Licensee. licensee further agrees that it will not enter
Owner's property or utilise Owner's property for any activity other than the activity identified in this
Agreement and licensee agrees that licensee is a trespasser for any use or activity not identified in this
Agreement.
licenser: agrees to furnish proof of the attached Insurance Requirements including adding Owner as an
additional insured on all liability policies on a primary and non-contributory basis with the exception of
Workers'Compensation. Licensee agrees that failure to meet the insurance requirements constitutes a breach
of this Agreement and any permission granted will be considered revoked.
IN WT'INESS WI IEiREOF,the parties hereto have set their hands and seals the day and year fir.;t above
written.
��`ttt1C93 l.tC, (SCC
tl 1 a BY.,
Dare wryer
Revised 05/tN)
ADDENDUM
TO
LEASE AGREEMENT
MADE THIS first day of February , 2012 , by and between Valley Quarries, Inc., P.O.
Box 2009, Chambersburg, PA 17201-0809 (hereinafter called Lessor), and Douglas W. Statler,
42 Jumper Rd., Shippensburg, PA 17257, (hereinafter called Lessee).
WITNESSED, that Lessor, in consideration of the rents and covenants hereinafter
mentioned, hereby leases unto Lessee, the premises situate in the County of Franklin and/or
Cumberland , and Commonwealth of Pennsylvania, described as follows:
The former equipment repair garage at the prior location of the Valley Transit Mir off of
Garfield Street in Shippensburg PA I eased space to he limited to friur(4) ham
to be used for storage-and mechanical work of a non commercial nature and for no other purpose,
beginning on the I"day of February , 2012 , and ending on the last day of January, 2013 .
IN CONSIDERATION OF WHICH, the Lessee agrees to pay to Lessor, the sum of
500.00 dollars, payable as follows:
Payable in advance on the 30`f'day of each month while this Lease remains in effect as
renewed monthly.
Furthermore, a security deposit of$500.00 shall be due and payable along with the first
months rent upon execution of this lease .
(Originally Signed: January 31, 2012)
Now therefore, Prior to the expiration of the initial term, Lessor does hereby give notice to
lessee of their intent to not renew said lease for a second like term. Any future renewal
shall be conditioned on full payment of rent due lessor within 30 days of the signing of this
instrument.
Leesee: Valley Quarries, Inc.: Date:
41
VERIFICATION
1, Randal L. Van Scyoc, hereby state that I am Vice President for Valley Quarries,
Inc.,and am authorized to make this verification on its behalf. I verify that the statements made
in the foregoing document are true and correct to the best of my knowledge,information and
belief.
I understand that the statements in the foregoing document are made subject to the
penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities.
l ......
Randal L. Van Scyoc
CERTIFICATE OF SERVICE
I hereby certify that on July 28, 2014, I served a copy of the foregoing document
upon defendant by United States mail, first class postage prepaid, addressed as follows:
Douglas W. Statler
42 Jumper Road
Shippensburg, Pennsylvania 17257
Just' . Weber(PA 89266)
Timothy B.Anderson(PA 54034)
Justin G. Weber(PA 89266) L.
PEPPER HAMILTON LLP L4J
100 Market Street, Suite 200 JUL 2 A +
Post Box 1181 1"",
,E -�
Harrisburg,PA 17108-1181 ,PP"N���- `fiJ L��l�¢y`,r'f
(717)255-1155 }'r IVA+ A Attorneys for Plaintiff
(717)238-0575 Fax Valley Quarries, Inc.
VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
CIVIL ACTION—CONFESSIO OF
JUDGMENT
VS. t�ua
NO.
DOUGLAS W. STATLER
Defendant JURY TRIAL DEMANDED
AFFIDAVIT OF NON-MILITARY SERVICE
1. I am a competent adult and an attorney duly admitted to the Bar of the
Supreme Court of the Commonwealth of Pennsylvania, having Attorney Identification Number
89266.
2. Based upon a search of Defendant's name, as of July 25, 2014 ("Active Duty
Status Date"), there is no information in the Department of Defense Manpower Data Center which
indicates the individual is in Active Duty Status.
TIMVY B. ANDERSON (PA 59891)
JUSTIN G. WEBER (PA 89266)
Pepper Hamilton LLP
100 Market Street, Suite 200
P.O. Box 1181
Harrisburg, PA 17108-1181
717.255.1155
717.238.0575 (fax)
andersont@pepperlaw.com
weberjg@pepperlaw.com
Attorneys for Plaintiff
Valley Quarries, Inc.
Sworn to and subscribed
Before me this 28`" day of
July, 2014.
Notary Public
My Commission Expires: 01 S�
NOTARIAL SEAL
PAMELA K.BISHONotary���
C. of Harrisburg, Pte'
ommissW Expires June 5,2015
VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
CIVIL ACTION—CONFESSION OF
JUDGMENT
VS. ' Cl vt
NO. Lld
DOUGLAS W. STATLER
Defendant JURY TRIAL DEMANDED
NOTICE OF ENTRY OF JUDGMENT BY CONFESSION
TO: Douglas W. Statler
42 Jumper Road
Shippensburg, PA 17257
Pursuant to the requirements of Pa. R. C. P. No. 236, you are hereby notified that on
�U. : , 2014,judgment was entered against you in the amount of$4,244.68 lus
Rx�
i
costs of suit.
10Q
Date: a 1 I q ~
Prothonotary
Counsel for Plaintiff certifies that that name and address of the proper party/person to receive this
notice is:
Douglas W. Statler
42 Jumper Road
Shippensburg, PA 17257