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Home My WebLink About05-1479 ECKERT SEAMANS CHERIN & MELLOTT, LLC THOMAS P. GACKI, ESQUIRE ATTORNEY 10# 44864 213 Market Street, Eighth Floor P.O. Box 1248 Harrisburg, PA 17108-1248 717.237.6029 tgacki@eckertseamans.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BARBARA J. LIS, Plaintiff EJECTMENT BY CONFESSION No. oS: - J4?'j CtuL ~02-...WL. v. NAUTI-L1S, INC., Defendant CONFESSION OF JUDGMENT UNDER RULE 2974 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 and confess judgment in ejectment in favor of the Plaintiff and against the Defendant for possession of the real property described as follows: 254 Lowther Street, Lemoyne, Cumberland County, Pennsylvania. Respectfully submitted, ECKERT S~CH 72r~ Thomas P. Gacki, Esquire 1.0. No. 44864 213 Market Street, Eighth Floor P.O. Box 1248 Harrisburg, PA 17108-1248 717.237.6093 Date: March 15, 2005 Counsel for Plaintiff, Barbara J. Lis (L0292484.1) ECKERT SEAMANS CHERIN & MELLOTT, LLC THOMAS P. GACKI, ESQUIRE ATTORNEY ID# 44864 213 Market Street, Eighth Floor P,O. Box 1248 Harrisburg, PA 17108-1248 717.237.6029 tgacki@eckertseamans.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BARBARA J. LIS, Plaintiff No. n,c: -JJy,,!? CwL 1'UL"'l v. Defendant CONFESSION OF JUDGMENT (EJECTMENT) NAUTI-L1S, INC., COMPLAINT FOR CONFESSED JUDGMENT IN EJECTMENT AND NOW, the Plaintiff, by and through her attorneys, Eckert Seamans Cherin & Mellott, LLC, hereby files this Complaint for Confession of Judgment for Ejectment, and states in support thereof: 1. Plaintiff Barbara J. Lis is an adult individual residing at 3818 Hearthstone Road, Camp Hill, Cumberland County, Pennsylvania 17101. 2. Defendant Nauti-Lis, Inc. is a Pennsylvania corporation with its principal place of business at 254 Lowther Street, Lemoyne, Cumberland County, Pennsylvania. 3. Judgment by confession is not being entered against a natural person in connection with a residential lease, a retail installment sales contract or account, or a consumer credit transaction. {L0292484,1} 4. On September 8,1999, Plaintiff and her husband, Robert J. Lis, entered into a lease agreement (the "Lease") with Defendant, as Lessee. A copy of the Lease is attached hereto as Exhibit "A" and incorporated herein by reference. 5. The real estate that is the subject of the Lease, and for which judgment for possession is confessed, is known and numbered as 254 Lowther Street, Lemoyne, Cumberland County, Pennsylvania, and is more particularly described in the Lease. The real estate was owned jointly by Barbara J. Lis and Robert J. Lis as tenants by the entireties. Robert J. Lis died thereby vesting fee simple title to the property in Plaintiff and allowing her to bring this action. 6. Defendant is in default under the Lease by Defendant's failure to pay when due, monthly installments of rent in the amount of $3,500.00 per month for the months of September, 2004 through February, 2005. 7. Defendant is also in default under Section 3(a) of the Lease by its failure to pay when due real estate taxes assessed against the Property since 2003. 8. On or about February 9, 2005, Plaintiff gave Defendant written notice of default under the Lease. A true and correct copy of said Notice of Default is attached hereto as Exhibit "8". 9. Plaintiff has not confessed judgment in ejectment against Defendant in any jurisdiction. 1 O. Plaintiff is authorized to confess judgment in ejectment against Defendant from possession of premises by warrant of attomey contained in Section 11 (e) of the Lease. -2- 11. The warrant of attorney appearing in Section 11 (e) of the Lease is less than twenty (20) years old, WHEREFORE, Plaintiff, Barbara J. Lis, demands judgment in ejectment against Defendant, Nauti-Lis, Inc., for immediate possession of the above-described premises, as authorized by the warrant of attorney appearing in Section 11(e) of the Lease, and for such other further relief as this Court deems proper. Respectfully submitted, 7L Thomas P. acki, Esquir 1.0. No. 44864 213 Market Street, Eighth Floor P.O. Box 1248 Harrisburg, PA 17108-1248 717.237.6093 Date: March 15,2005 Counsel for Plaintiff, BARBARA J. LIS -3- LEASE AGREEMENT THIS LEASE AGREEMENT made as of this 8th day of September, 1999, between ROBERT J. LIS and BARBARA J. LIS (hereinafter collectively referred to as "Lessor") and NAUTI-LIS, INC. (hereinafter referred to as "Lessee"). 1. LEASE. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the entire premises situate at 254 Lowther Street, Lemoyne, PA, Cumberland County, Pennsylvania, consisting of retail space and associated office area and parking, for a term commencing on the date hereof, and ending at Midnight on the 30th day of September, 2004, for the rental payable in the manner as specified in Paragraph 2 hereof. . 2. RENT. Lessee agrees to and shall pay Lessor at such place as the Lessor shall designate from time to time in writing, as minimum rent for the leased premises, monthly installments of $3,500.00 each, in advance, on the 1st day of each calendar month commencing on the date hereof, and continuing monthly thereafter until the expiration of said lease. Lessor acknowledges receipt of rent for the month of September, 1999. 3. TRIPLE NET LEASE. Lessee agrees to pay as rent, without demand, setoff or deduction, in addition to the rental hereinbefore provided, the following: (a) All real estate taxes, sewer rent, garbage and/or trash collection, utilities, janitorial services, telephone, heat, and light. (b) In addition to the foregoing rental sums, Lessee shall pay and discharge all general and special assessments, and other charges of every description which, during the term of this lease, may be levied on or assessed against the leased premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or to Lessee, or to which either of them may become liable in relation thereto. (c) In addition to the foregoing rental sums, Lessee shall be responsible for all repairs and maintenance of the leased premises. 4. INSURANCE. Lessee shall obtain and maintain general commercial liability, fire insurance, loss of rents and such other insurance as Lessor reasonably believes necessary to protect Lessor's interest in the leased premises. 5. DAMAGE TO PREMISES. If the building or other improvements on the leased premises shall be damaged or destroyed by fire, flood or other casualty, Lessee shall give immediate written notice thereof to Lessor. (a) If the Leased Premises should be totally destroyed by fire, flood or other casualty, or if it should be damaged that rebuilding or repairs cannot reasonably be completed within 120 working days from the date of written notification by Lessee to Lessor of the occurrence of the damage, this lease shall terminate and rent shall be abated for the unexpired portion of this lease, effective as of the date of said written notification. (b) If the leased premises should be damaged by fire, flood or other casualty, but not to such an extent that rebuilding or repairs cannot reasonably be completed within 120 days from the date of written notification by Lessee to Lessor of the occurrence of the damage, this lease shall not terminate, but Lessor shall, if the casualty has occurred prior to the final six months of the lease term, at his sole cost and risk, proceed forthwith to rebuild or repair such leased premises to substantially the condition in which they existed prior to such damage. If the casualty occurs during the fmal six months of the lease term, Lessor shall not be required to rebuild or repair such damage, If the building and other improvements are to be rebuilt or repaired and are untenable in whole or in part following such damage, the rent payable hereunder during the period in which they are untenable shall be adjusted equitably. In the event that Lessor should fail to complete such building or repairs within 120 working days from the date of written notification by Lessee to Lessor of the occurrence of the damage, Lessee may, at its option, terminate this lease by written notification at such time to Lessor, whereon all rights and obligations hereunder shall cease, 6. WASTE. Lessee shall not commit, or suffer to be committed, any waste on the leased premises, nor shall he maintain, commit or permit the maintenance or commission of any nuisance on the leased premises or use the leased premises for any unlawful purpose, 7. CONDITION OF LEASED PREMISES. Lessee agrees to keep the leased premises in good repair, reasonable wear and tear excepted. Lessee further agrees to keep the leased premises clean. 8. IMPROVEMENTS. Lessee shall not alter or improve the leased premises without the prior written consent of Lessor to do so, and any and all alterations, additions, improvements and fixtures (except trade fixtures which Lessee shall be permitted to remove from the leased premises at any time during the term hereof or within 10 days after expiration or sooner termination of this lease and not otherwise if such removal can be effected without injury to the leased premises and if any such fixture shall not have become, by the manner in which it is affixed, an integral part of the leased premises) made or placed in or on said premises shall, on expiration or sooner termination of this lease, belong to Lessor without compensation to Lessee; provided, however, that Lessor shall have the option, to be exercised on expiration or sooner termination of this lease, to require Lessee to remove any or all of such additions, improvements, or fixtures. Before installing any fixtures in or on the leased premises, Lessee shall submit plans and designs therefor to Lessor for approval, and in the event the plans and designs are disapproved by Lessor, such fixtures shall not be installed until any changes required by Lessor are made. 2 9. REMOVAL OF PROPERTY. Lessee shall without demand therefor, and at its own cost and expense, within 10 days after expiration or sooner termination of the term hereof or of any extended term hereof, remove all property belonging to it and all alterations, additions or improvements and fixtures which by the terms hereof it is permitted to remove, repair all damage to the leased premises caused by such removal, and restore the leased premises to the condition they were in prior to the installation of the property so removed. Any property not so removed shall be deemed to have been abandoned by Lessee and may be retained, or disposed of, by Lessor. 10, CONDEMNATION. (a) If the whole of the leased premises shall be taken by any public or quasi-public authority under the power of eminent domain, condemnation, or in the event of a conveyance in lieu thereof, then this lease shall terminate on the date when Lessee is required to yield possession thereof, and Lessee shall have no claim against Lessor nor the condemning authority for the value of the unexpired term of this lease. (b) If any part of the leased premises shall be so taken or conveyed, and if such partial taking or conveyance shall render the leased premises unsuitable for the business of Lessee, then the term of this lease shall end and terminate as of the date on which possession of the leased premises is required to be surrendered to the condemning authority and Lessee shall have no claim against Lessor nor the condemning authority for the value of any unexpired term of this lease. In the event such partial taking or conveyance is not extensive enough to render the leased premises unsuitable for the business of Lessee, this lease shall continue in full force and effect except that the fixed rent shall be reduced in the same proportion that the floor area of the leased premises so taken or conveyed bears to such floor area immediately prior to such taking or conveyance, such reduction commencing as of the date Lessee is required to surrender possession of such portion. Lessor shall promptly restore the leased premises, to the extent of condemnation proceeds available for such purpose, as nearly as practicable to a condition comparable to their condition at the time of such condemnation less the portion lost in the taking or conveyance and Lessee shall promptly make all necessary repairs, restoration and alteration of Lessee's fixtures, equipment and furnishings, and shall promptly re-enter the leased premises and commence doing business in accordance with the provisions of this lease. For purposes of determining the amount of funds available for restoration of the leased premises from the condemnation award, said amount will be deemed to be that part of the award which remains after payment of Lessor's reasonable expenses incurred in recovering same and of any amounts due to any mortgagee of Lessor, and which represents a portion of the total sum so available (excluding any award or other compensation for land) which is equitably allocable to the leased premises. 3 (c) In the event of any condemnation or taking as hereinbefore provided, whether whole or partial, the lessee shall not be entitled to any part of the award as damages or otherwise for such condemnation and Lessor and any mortgagee of Lessor are to receive the full amount of such award as their respective interests may appear. Lessee hereby expressly waives any right or claim to any part thereof and assigns to Lessor any such right or claim to which Lessee might become entitled. (d) Although all damages in the event of any condemnation are to belong to Lessor and any mortgagee of Lessor as aforesaid, whether such damages are awarded as full compensation for diminution in value of the leasehold or to the fee of the leased premises, Lessee shall have the right to the extent that same shall not diminish Lessor's or such mortgagee's award to claim and recover from the condemning authority, but not from Lessor or such mortgagee, such compensation as may be separately awarded or recoverable by Lessee pursuant to the eminent domain code in Lessee's own right for or on account of, and limited solely to, any cost to which Lessee might be put in removing Lessee's merchandise, furniture, fixtures, leasehold improvements and equipment. 11. DEFAULT. (a) If Lessee shall allow the rent to be in arrears more than 30 days or shall remain in default under any other condition of this lease for a period of 30 days after written notice from Lessor, or should any other person than Lessee secure possession of the leased premises, or any part thereof, by reason of any receivership, bankruptcy proceedings or other operation of law in any manner whatsoever, Lessor may, at its option, without notice to Lessee, terminate this lease and Lessee will forthwith quit and surrender the leased premises, and Lessee shall remain liable as hereafter provided. If this lease shall be terminated as provided in this paragraph: (1) the Lessor may immediately re-enter and resume possession of the leased premises by force or otherwise without being liable for any damages therefor. No re-entry by Lessor shall be deemed an acceptance of the surrender of this lease; (2) the Lessor may relet the whole or any part of the leased premises for a period equal to or greater or less than the remainder of the then term of this lease at such rental and upon such terms and concessions as Lessor shall deem reasonable, to any lessee or lessees which it may deem suitable and satisfactory and for any use and purpose which it may deem appropriate. In no event shall Lessor be liable in any respect for failure to relet the leased premises or in the event of such reletting, for failure to collect thereunder. Any sums received by Lessor on a reletting in excess of the rent reserved in this lease shall belong to Lessor. 4 (b) If Lessee shall be in default as provided in this lease and whether or not the premises shall be relet, Lessor shall be entitled to recover from Lessee and Lessee shall pay to Lessor the following: (1) An amount equal to all expenses, including reasonable counsel fees incurred by Lessor in recovering possession of the leased premises, all reasonable costs and charges for the care of the leased premises while vacant and an amount equal to all expenses incurred by Lessor in connection with the reletting of the leased premises or any part thereof, including broker's commissions, advertising expenses and the cost of repairing, renovating or remodeling the leased premises; which amounts shall be due and payable by Lessee to Lessor at such times as the expenses, costs and charges shall have been incurred; and (2) Lessee shall also pay to Lessor an amount equal to all rent less the net rent, if any, collected by Lessor on reletting the leased premises, which amount shall be due and payable by Lessee to Lessor on the several days in which such rental payments would have become due and payable had this lease not been terminated, and Lessee shall pay to Lessor the amount of any deficiency then existing. The net rent collected by Lessor on reletting shall be computed by deducting from the gross rents collected, the expenses, costs and charges referred to in Part (b)(l) of this paragraph. (c) Separate actions may be instituted by Lessor against Lessee from time to time to recover any damages which at the commencement of any such action shall then or theretofore have become due and payable to the Lessor in any provisions hereof without waiting until the end of the original term of this lease, and neither the institution of suit or suits, proceeding or proceedings, nor the entering of judgment therein shall bar the Lessor from bringing a subsequent suit or proceeding for the damages of any kind, theretofore or thereafter suffered. It is expressly agreed that the forbearance on the part of Lessor in the institution of any suit or entry of judgment for any part of the rent herein reserved to Lessor shall in no way serve as a defense against nor prejudice a subsequent action for such rent. (d) Upon the occurrence of any event of default which is not cured by Lessee within the period of time provided herein, Lessee hereby empowers any prothonotary or any attorney of any court of record within the United States or elsewhere to appear for Lessee and confess judgment against Lessee and in favor of Lessor, its successors or assigns, for any determined amount to which Lessor would be entitled as damages under the provisions of this lease agreement, including also an attorneys' fee for collection of the same of 15 % percent of the total amount of such damages, together with cost of suit, and Lessee hereby waives all errors, defects and imperfections in entering said judgment on in any writ, or process, or proceeding thereon or thereto or in anywise touching or concerning the same; and for the confession and entry of such judgment, this lease or a true and correct copy thereof shall be sufficient warrant and authority. The authority and power contained herein shall not be exhausted by one exercise thereof, but judgment may be confessed as aforesaid from time to time and as often as there is an occurrence of any event of default which is not 5 cured by Lessee as provided herein, and furthermore, such authority and power may be exercised during the original term and any extension or renewal thereof, or after the expiration or earlier termination of the term hereof. (e) When this lease shall be terminated or cancelled by reason of the breach of any provision hereof, either during the original term of this lease or any renewal thereof, and also as soon as the term hereby created or any renewal thereof shall have expired, it shall be lawful for any attorney as attorney for Lessee to file an agreement for entering in any court of competent jurisdiction an amicable action and confession of judgment in ejectment against Lessee and all persons claiming under Lessee for the recovery by Lessor of possession of the leased premises, for which this lease or a true and correct copy thereof shall be his sufficient warrant, whereupon, if Lessor so desires, a writ of possession may issue forthwith, without any prior writ or proceedings whatsoever, and provided that if for any reason after such action shall have been commenced the same shall be terminated and possession remain in or be restored to Lessee, Lessor shall have the right upon any subsequent default or defaults, or upon termination or cancellation of this lease as hereinbefore set forth, to bring one or more amicable action or actions as hereinbefore set forth to recover possession as aforesaid. Lessee hereby empowers any prothonotary or any attorney of any court of record within the United States or elsewhere to appear for Lessee and to confess judgment in ejectment against Lessee and in favor of Lessor, its successors and assigns upon any event of default which is not cured by the Lessee within the period of time provided herein. 12. INSPECTION. Lessee shall permit Lessor and his agents to enter into and upon the leased premises at all reasonable times for the purpose of inspecting the same or for the purpose of maintaining or making repairs or alterations to the leased premises. 13. ASSIGNMENT. Lessee shall not have the right, without the prior written consent of Lessor, to assign this lease, or any interest therein or to sublet the leased premises, or any part thereof, or any right or privilege appurtenant thereto. 14. NOTICE. All notices provided to be given under this agreement shall be given by certified mail, addressed to the proper party at the following address, or personally delivered to the proper party's authorized representative. ROBERT J. LIS 3818 Hearthstone Road Camp Hill, PA 17011 NAUTI-LIS, INC. 254 Lowther Street Lemoyne, P A 17043 15. BINDING AGREEMENT. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, legal representatives, successors and assigns when permitted by this agreement. 6 16. LAW OF PENNSYLVANIA. This agreement shall be construed under and in accordance with the laws of the Commonwealth of Pennsylvania, and all obligations of the parties created hereunder are performable in Cumberland County, Pennsylvania. 17. VALIDITY OF AGREEMENT. In case anyone or more of the provisions contained in this lease shall for any reason be invalid, illegal or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision thereof and this lease shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. l8. WHOLE AGREEMENT. This lease constitutes the sole and only agreement of the parties hereto and supersedes any prior leases or understandings or written or oral agreements between the parties respecting the within subject matter. 19. MODIFICATION. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 20. REMEDIES. The rights and remedies provided by this lease are cumulative and the use of anyone right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 2l. WAIVER. No waiver by the parties hereto to any default or breach of any term, condition or covenant of this lease shall be deemed to be a waiver of any other breach of the same or any other term, condition or covenant contained herein. In the event either party breaches any of the terms of this agreement whereby the other party employs attorneys to protect or enforce its rights hereunder and prevails, then the losing party agrees to pay prevailing party reasonable attorneys' fees so incurred by such party. 22. TIME. Time is of the essence of this agreement. 23. RIGHT OF FIRST REFUSAL. In the event Lessor decides to sell the Leased Premises, Lessor shall so notify Lessee and Lessee shall cooperate with Lessor in showing the Leased Premises to any prospective purchaser. In the event Lessor obtains a bona fide written offer to purchase the Leased Premises from a Third party, Lessor shall assure that such offer complies with Lessee's Right of First Refusal contained in this Paragraph. In the event Lessor obtains a bona fide written offer to purchase the Leased Premises, Lessor will provide Lessee with a copy of the bona fide written offer. Lessee shall have ten days from receipt of the Third party offer to substitute itself or its assigus as buyer under all the terms and conditions at the Third party offer. If Lessee so notifies Lessor in writing that Lessee desires to exercise this right, Lessee shall be substituted as buyer under all the terms and conditions of the Third party offer. If Lessee does not 7 exercise the Right of First Refusal, Lessor may proceed with the sale to the Third party buyer, subject to the remaining term of this Lease, if any. Lessor may not make any material modifications to the agreement of sale with the Third party buyer (other than an extension of the closing date) without resubmitting the revised offer to Lessee under the terms and conditions of this Paragraph. 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. Wl/{rJ1-l . . LESSOR: R~~' 6a~kt~~ BARBARA J. S WITNESS: ~~ .- AssT. $ECI<ETARY LESSEE:NC. () NA LI ':~1 G G. GEIBEL, PRESIDENT TPG:mch1188959 140579.??oo3 8 ~~lmNs Eckert Seamans Cheri!) & Mellott, [ 213 Market Street - 8th Floor Harrisburg, PA 17101 m 7172376000 FAX 7172376019 www.eckertseamans.com Thomas P. Gadd 717.237.6093 tgacki@eckertseamans.com February 9, 200S VIA CERTIFIED MAlL- RETURN RECEIPT REQUESTED Mr. Gregory G. Geibel Bushey's Cycling 254 Lowther Street Lemoyne, PA 17043 Re: Nauti-Lis, Inc. - Notice of Default Dear Mr. Geibel: This letter will follow up my phone conversations with your legal counsel and serve as a formal notice of default issued pursuant to the terms of the Stock Purchase Agreement dated September 8,1999 between Nauti-Lis, Inc., Robert J. Lis, and yourself, your Note dated September 8,1999 in the amount of$120,000 payable to Robert J. Lis, and the Lease Agreement between Robert J. Lis, Barbara J. Lis and Nauti-Lis, Inc. dated September 8,1999. Nauti-Lis, Inc. is in default under the Lease Agreement for failing to make rent payments for the months of September, 2004 through February, 200S pursuant to paragraph 2 of the Lease Agreement. In addition, Nauti-Lis, Inc. is in default under the Lease Agreement for failing to pay real estate taxes since 2003. The "cure period" to remedy the failure to pay rent has now expired, and you are hereby notified that Barbara J. Lis, as your surviving landlord, is exercising the option under Section I I (a) under the Lease to terminate the Lease as ofthe date of this letter. You are hereby ordered to immediately vacate the leased premises. You are further notified that you are in default under the terms of the referenced Note for failure to pay the balloon payment due under the Note on September 8, 2004. This is a breach of both the terms of the Note and the Agreement of Sale. All this being said, my client's desire, as you know, is merely to obtain possession of the real estate in order to market it to a third-party buyer, free of your lease which has now been terminated. I have not been directed to institute any collection litigation against you personally at this point. We understand the long personal and professional relationship you had with Bob Lis and it is Barb's desire to obtain control of the real estate and sell the property in as an amicable manner as is possible. I will remain in contact with your counsel on a regular basis and HARRISBURG, PA PITTSBURGH. PA PHILADELPHIA, PA BOSTON, MA WASHINGTON, DC WILMINGTON, DE MORGANTOWN, WV SQLJTHPOINTf, PI>, ALCOA CENTER, PA {L0291386.l } ~~IWNS Mr. Gregory G. Geibel Bushey's Cycling February 4, 2005 Page 2 we will inform you if and when any prospective purchaser is identified and desires possession of the real estate. Please arrange to vacate the property as soon as possible. lil?~ Thomas P. Gacki cc: Mrs. Barbara J. Lis John Feichtel, Esquire David Radcliff, Esquire Mr. Peter Gemorra, NAI/CIR HARRISBURG, "to.. PITTSBURGH. PA PHILADELPHIA, f'A BOSTON, MA WASHINGTON, DC WilMINGTON, DE MORGANTOWN, WV SOUTHI'OlNTE", PA ALCOA CENTER, PA {L0291386J) "DOmestiC Return Receipt 1 02595-02-M-1540 _ i ..D <0 cr l'- cr ..D CJ <0 U.S. Postal Service", CERTIFIED MAIL" RECEIPT . , (Domestic Mail Only; No Insurance Coverage Provided) Return Reclept Fee (End_ Requlled) CJ Restricted DelIVery Fee '" (Enclor<emenI AaqUIled) l'- CJ Total Postage &"... $ :r CJ CJ l'- . . . COMPLETE THIS SECTION ON DELIVERY . Complete items 1, 2, llI'ld 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can retUrn the card to you. . Attach this card to the back of the mailplece, or on the front if space permits. 1.. Articl~ Addressed to; WJ~G,GelW OIeh2Ys CYdtrb &~ ~ strro+ \Q(roYrQ PA n043 D. Is deUveryaddress different from item 11 If YES. enter delivery address below: 3. Setvice Type ):f Certified Mali o Registered o Insured Mail Cl Express Mail o Return. Receipt for Merchandise Cl C.O.D. 4. Restricted Deliv""!? (8dnl Fee) 0 Yes 2. .ArticleNu'mtier ; ! (Trans'e: tro.m setylce 'ebe~ pS F6rm3811; FebruaryZo04 7004 0750 0002 8069 7986 . VERIFICA liON I, Barbara J. Lis, hereby verify that all of the averments of fact contained in the foregoing Complaint for Confessed Judgment in Ejectment 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.SA S4904, relating to unsworn falsification to authorities. Date: March~, 2005 &~Q~ Barbara J. Lis! -4- t ~ f~ " I.r) F ~ () () :'I .0 ~ V ;:; D U) fi:- Bl. ~ 'Cl ~ 12 [-..., .1'---..... ~ f'") -.."~ CJ) C,'; ..;.:,..' If . .' ECKERT SEAMANS CHERIN & MELLOTT, LLC THOMAS P. GACKI, ESQUIRE ATTORNEY 10# 44864 213 Market Street, Eighth Floor P.O. Box 1248 Harrisburg, PA 17108-1248 717.237.6029 tgacki@eckertseamans.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BARBARA J. LIS, EJECTMENT BY CONFESSION Plaintiff No. 05-1479 Civil Term v. NAUTI-L1S, INC., Defendant PRAECIPE FOR WRIT OF POSSESSION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue writ of possession upon the judgment in ejectment by confession in the above matter. * ~ S 1../ J.J)L-J-!.LEIL. Q~ L€.YYtc>y~€.., M . {L0292484.1 } > . CERTIFICATION I certify that: (1) This Praecipe is based upon a judgment entered by confession, and notice pursuant to Rule 2973.2 has been served at least thirty (30) days prior to the filing of this Praecipe as evidenced by a return of service filed of record. Respectfully submitted, ECKERT SEAMANS CHERIN & MELLOTT, LLC 7L;/~ Thomas P. Gacki, Esquire 1.0. No. 44864 213 Market Street, Eighth Floor P.O. Box 1248 Harrisburg, PA 17108-1248 717.237.6093 Date: May 4, 2005 Counsel for Plaintiff, Barbara J. Lis ~ I' . ComplEJteJtems 1, 2, and :'. nlso complete 11eM 4 If Restricted Delivery is desired. ,i Print your name arid address on the reverse so that We canretum the card to you. . Attach this ca,rd tathe back of the mail piece, or on the fi'<>pllf space permits. q' Agenl o Ad_ Iv '7b~ (FJtnted Name) 9i Data of E?e, ',"u,?,ve ~1121l1 ~-~8"-().;,. dOI;."'Y address dl_~trilm ~1(W Ves 1, Article Addressed 10:. (1fY~ onl';; d~IIVelYadd"""~: 0 No N8U-t"l-l\S ](c..\~ Ec"-rt ~ns 8.54 Lo\.lJ-1h2r s-h-mt r Cheril\ & MeUott Lerolfl<2PA ' I nC4S I I I 3. Service Type \ ~CertifiedMall a~NItA .' . . 0 RegisleM8fn.~pi'lor M<l!!:handlse o Insured Mall 0 .Q:O:ift~ ,pi!:, 4. Restricted DeJl""'lll (Exttil Fee) " 0 '(.. - DomestIc Return Receipt " .j ',','~~.M-1540 '~'7( -.. ~'...: _ 2. ArtjcleNum~ri r, -,', (Transfer froin lieniid.. 186e~ , PS Form 3811, February 2004 7004 0750 0002 80b9 800b "H"''''"'' -II CI CI <0 II"" -II CI <0 U.S. Postal Service"" CERTIFIED I'MIL", RECEIPT (Domhtic Mail Only~nsurance Coverage Provided) fU CI CI CJ Retum Recfept Fee (Endorsement Required) CJ Flestrlcted De!!veJy Foo Lf) (Endorsement ReqUired) ...... CI USE P- $ CertrfledFee Total Postage & Fees .:r- CI CI ...... ~, +- () ~ ~7i -) '- w -v ~:::.. CJ VJ..() ~ ~ ~ ~ ~ - ()' v k{ l -6q, ~ w -.. ~ -l:: -() II( ...., () CJ -\"1 C'.,':::) -- V) 8 CJ'I :::! V) \) \) C\ f:n \Y I I -u -- ~ ~ 0 ~ ~~ <:' - ~:I;: r:~ 'iJZ L~ (..) .--j ~ -.'.... ,. ~ ~~ ~r lL-v, p ~ f ~ WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) BARBARA J. LIS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No, 05-1479 CIVIL Term No. Term Costs Att'y. $ 34.50 Pl'ff (s) $ Proth y. $ 1.00 NAUTI-LIS. INC.. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: RARBAR/\ ,1. LIS Plaintiff (s) being: (Premises as follows): 254 LOWTHER STREET LEMJYNE. PA. (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell hislher (or their) interest therein. CURTIS R. LONG Date MAY 10, 2005 Prothonotary. Common Pleas Court ofCumrerland County, Pennsylvania ,By: ~rv,~ P ~a-1.r17J (SEAL) Deputy P C/J ":I ":I ~ Z Z ::l"" (3 :::; (""J_ 0. r> ~ I p P 0. ..., & ~ ':< ez @ ~ ':< '" ~..., C/O ~ 0 C/O H o==:: 111 I t"lt"l I ~~ ~~~~ ~ t""' H . I--> ....... :":I:;; H ::tl(""J .... o~ Ow (/) c:.., t"'o '-J ;.,~ ~~I~~ - . "" ?O::tl H t""' Pe () .;:..~ ('"p~ ~ 0 (""J- ti H Z::tl H .J::o. I "'0 003 '"0 . ..., (/) 0..., ;:; :x"" .,~ H ii' :":10 . (""Jo 0) 0 '"tj N t""' .Po tv ~..,c::.. ":"I"J ~ n w'" 0", l..O ~ co tf) 0 -"tl < en 3~ j (J)~ R 0 C/O Q\o '" ~o ~ ,?", ., _H '" l...(l-' ~p.l ... w'" ~~ -> _. -t"l 0"...... ... a Q\", ":I~ (tic ::0-. en", Ct'J0) /:'1H~ t"lo ~ f H 2..-.. t"l- Zz H ~ C/O H ...,0 ;:;' ;:;' riN 2'\"--' ~ 0Z z"tl o.~ ~ Vt Vt Vt Vt "'t"' ..., ..., '<t"l 3 .3 ~t""' w ~> H ... . P'" >O~ 0 111 ZO 0 0 -", ;.- t""' R By virtue of this writ, on the day of I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this day of So Answers, Sheriff Prothonotary By Deputy 't:oI V4"" "'.J.V J', . " - SCHl!:PtJLl!I "An Name: Mehring. Scott A. ALL THAT CERTAIN piece or parcel of land in the Borough of the New Cumberlane, County of cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: ' BEGINNING at a paint on the Northerly line of Simpson Ferry Road (60 feet wide) at the dividing line between Lots Nos. 13an,d 14 on the hereinafter mentioned plan of lots; thence in a Northerly, direction along the said dividing line 105 feet to Lot No, 1S on' -'saidplanr 'thence" in "a" westerly "direction' 'along" said Lot"No .- "1S;- -70' , feet to the BasteJ:"ly line of Barbara Street; thence in 'a southerly direction along the easterly line of Barbara Street, 90 feet to a point; thence in a southeasterly direction along a curve to the left havi~g a radius of 15 feet, a distance of 23:56 feet to the northerly line of Simpson Ferry Roadl thence in an easterly direction along the northerly line of Simpson Ferry Road, 5S feet to the place of BEGINNING. Being the same premises conveyed to Scott A, Mehring by Deed recorded 10107/93 in Liber 36-0 of Deeds at page 670. 1433 Simpson Ferry Road New Cumberland. ~A Assessment Number: 26-24-0809-105 Property Address: ~ "" 'Y j l'rH ~ \.. ., lte:<!" CSLo1t-A meh'\(\~ )113~ CO, m?SOf) ~e f'lr'C) ~Q)Q~ :!l , 'l' <e ~~~ "'.r I !.":'~..' ') n 'r: BARBARA J. LIS. WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-1479 CIVIL Term No. Term Costs Att'y. $ 34.50 Pl'ff (s) $ Prothy. $ 1.00 NAUTI-LIS. INC.. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND County, Pennsylvania (I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: RARHIl.RA .1. LIS Plaintiff (s) being: (Premises as follows): 254 LC:Wl'HER STREET LEMJYNE, PA. (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. CURTIS R. LONG Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania (SEAL) ,By: -A 0-, '4. P ~C4/1/17J Date MAY 10, 2005 Deputy ~ ",~~ !Z.i-~ "'"'lj<, J {bj~-;;_: <S- .'0 c:::.:. -~ IL' ~~~i~ ;p [fJ '" '" ;p Z Z 0. :7 ., 5i ~ (")..... " 0 ~ ~ I " " 0. ., ~ ':<~ ~Z ., ~ :7 ~ " ':< :::.. S:..., 0r- a vo ,., c:I:;t: (JI I t"lt"l I ~-J ~~Ni ~ t"' f-' . ~ ...... :':I:; ~ ::r=(") "'" CJ-.I OW (Jl c., t""o -J ~~ ~BI ~ . ..0 ?:l::r= ;p~ w ""'U) ...... ~ t"' Z::r= () "'" -J "~:x: 0 (")..... t5 ~ ~ ....l'O Ul3 ~ . ..., (Jl 0..., co P f-' ~ . :':10 . (")0 ~ '" '0 N t"' ,J::.. (b~,f=o, ........, ~ n w"" 0.." ~ 00 CIl 0 ""'''C C :3~ .., ., 0 < Z(") :J> ~ Ul", :>:: or- ~O 'f' ~ ~ 9>00 ...,0 lS'"~:; ~ 8- vo woo .:<S: .....t"l ~gJ-> .. :a ~ ~oo "Cs: ~ 0 "'- "'co ttl H;:::: "'00 t"l0 ~ I H Z~ t"l- Zz <f-' ~ or- ~ ...,0 ;:;l ;:;l (tiN (2"1'-' 12 0Z Z"C 0."'" fA fA fA fA ~t"" ., ., co ~ t""t"l :3 :3 ~t"' w ~~ f-' "'" . . "'~ 0 (JI ZO 0 0 ~~ t"' ?1 By virtue of this writ, on the 7th day of July 2005 I caused the within named Barbara J. Lis . to have possession of the premises described *ltKN~K~~~lImf( 254 Lowther St Lemoyne, PA 17043 Sheriff's Docketing Surcharge Pro thy Milage Possession Post"EP Return 18.00 20.00 1.00 26.18 30.00 . 17 95.55 Advance Costs: Sheriff's Costs 150.00 95.55 54.45 ~~. ': II ' , .. Refunded to Atty on 7/8/05 ; fr Sworn and ~scribed to before me this /t~ day of '=}- L .;J &V ~ ,ll"r" b ~;Ol... . #' Prothonotary SOAnp~~ By~la.uJi~~ Slriff Lif\J) t 1 ')b:tlt/ J <yO t.Je.. !;v5J..? , e...." ,U31