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HomeMy WebLinkAbout14-6345 Supreme Co. ennsylvania Cour0o Pleas For Prothonotary Use Only: Civil Cover Sheet f Docket No: ' Cu land` County � yS The i.nforma.tion collected on this fornz is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S Ix' Complaint 0 Writ of Summons Iv=; Petition E 0 Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Northern Properties I, LP Digital Planet, Inc. Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? FX Yes 0 No (check one) €z,outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes El No Is this an MDJ Appeal? Yes 0 No A Name of Plaintiff/Appellant's Attorney: John H. McCullough, for Halbruner Hatch & Guise, LLP 0 Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other Board of Elections 0 Nuisance 0 Dept.of Transportation 0 Premises Liability Statutory Appeal:Other S 0 Product Liability(does not include E mass tort) Employment Dispute: Slander/Libel/Defamation Discrimination C I-0 Other: 0 Employment Dispute: Other 0 Zoning Board T 0 Other: I W Other: O MASS TORT Breach of lease agreement 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration B Other: Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title Other: 0 Medical 0 Other: 0 Other Professional: Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Northern Properties I,LP 71 Mount Top Road Wellsville,PA 17365, Plaintiff < �U I ° r13 V. Digital Planet, Inc. 135 Gilbert Road Dillsburg,PA 17019, Defendant NOTICE 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 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, 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 S. Bedford Street Carlisle,PA 17013 717-249-3166 IL &1gY-7S Northern Properties I,LP IN THE COURT OF COMMON 71 Mount Top Road PLEAS OF CUMBERLAND Wellsville,PA 17365, COUNTY, PENNSYLVANIA Plaintiff CP-21-CV- -2014 V. Complaint filed on behalf of the Plaintiff Digital Planet, Inc. by and through his attorney 135 Gilbert Road Dillsburg, PA 17019, HALBRUNER, HATCH & GUISE,LLP Defendant 2109 Market Street Camp Hill, PA 17011 717-731-9600 Complaint NOW, this 291h day of October, 2014, comes the Plaintiff and presents the following: 1. Plaintiff is Northern Properties, 1,LP, ("Northern") a Pennsylvania Limited Partnership whose principal place of business is 71 Mount Top Road,Wellsville, York County, Pennsylvania. 2. Defendant is Digital Planet, Inc., ("Digital Planet") a Pennsylvania Corporation having a registered business address of 135 Gilbert Road, Dillsburg,York County, Pennsylvania, 17019. 3. The premises in question are 4,000 feet of professional office space located at 2 Market Plaza Way, Mechanicsburg, Cumberland County,Pennsylvania ("the Premises"). 4. On or about August 8, 2012,Northern and Digital Planet entered into a Lease for the Premises ("the Lease"), a copy of which is attached hereto,marked"Exhibit A" and incorporated herein by reference as though more fully set forth at length. 5. The term of the aforesaid lease was September 1, 2012, through December 31, 2015. 6. Under the terms of the lease,rent is due and payable to Northern on the first of each month of the lease. 7. For calendar year 2013, the amount of monthly rent was $5,717.00. 8. For calendar year 2014, the amount of monthly rent was $5,921.00. 9. For calendar year 2015, the amount of monthly rent is $6,125.00. 10. The lease provides for a 5% late fee if the rent payment is more than 10 days late. 11. As of September, 2014, Digital Planet has failed to pay rent in the amount of $53,723.00. 12. As of September, 2014, Digital Planet has,per the terms of the contract,incurred late fees in the amount of$4,951.25. 13. On or about September 11,2014, Northern served upon Digital Planet a Notice to Quit. A copy of this Notice is attached hereto,marked "Exhibit B" and incorporated herein by reference as though more fully set forth at length. 14. Service was made upon Digital Planet by Constable. A copy of the return of service is attached hereto,marked"Exhibit C" and incorporated herein by reference as though more fully set forth at length. 15. Paragraph 5 of the Lease specifies that, "if LESSEE shall be in default in the payment of any installment of Lease Payment or other obligation for the period of thirty (30) days, then in that event, the Lease Payments for the remaining months shall become immediately due and collectable." 16. As of September 11, 2014,multiple lease payments were more than thirty days past due. 17. The amount of lease payments due under the term of the Lease from October 1, 2014 through December 31, 2015 is $91,263.00. Count 1—Breach of Contract 18. Paragraphs 1 through 17 are incorporated herein by reference as though more fully set forth at length. 19. The Lease specifies that Digital Planet make payments to Northern in the amount of $5,717.00 per month from January 1, 2013 through December 31, 2013. 20. In February, 2013,Digital Planet failed to make timely payment of its Lease payment, incurring a late fee of$285.85. 21. In June,July, and August of 2013, Digital Planet failed to make timely payment of its Lease payment,incurring a late fee of$285.85 per month. 22. In September 2013,Digital Planet failed to make a lease payment,incurring a late fee of$285.85. 23. On or about October 1, 2013, Digital Planet made a payment in the amount of $5,717.00 which was credited to the Digital Planet invoice for September, 2013. 24. In October and November, 2013, Digital Planet failed to make lease payments, incurring late fees of$285.85 in each of those two months.. 25. On or about December 3, 2013, Digital Planet made a payment to Northern in the amount of$5,717.00 which was credited to the Digital Planet invoice for October, 2013. 26. Digital Planet made no further Lease payments in December, 2013. 27. Digital Planet failed to make a lease payment for December, 2013,incurring$285.85 in late fees. 28. On or about January 15, 2014, Digital Planet made a payment to.Northern in the amount of$6,000.00,which was applied to the November, 2013 Lease payment and late fees. 29. Digital Planet made no further lease payments in January, 2014. 30. Under the terms of the lease, the Lease payment increased to $5,921.00 per month in January, 2014. 31. Digital Planet failed to make a Lease payment for January, February, March,April and May, 2014,incurring late fees in the amount of$296.05 per month. 32. On or about June 30, 2014, Digital Planet made a payment in the amount of $2,000.00,which was applied to the December, 2013 bill. 33. On or about August 6, 2014,Digital Planet made a payment in the amount of $3,000.00,which was applied to the December, 2013 bill. 34. Digital Planet has made no further payments. 35. Digital Planet has materially breached the terms of the lease with Northern by failing to pay rent when rent was due as outlined above. 36. As a result of Digital Planet's failure to perform its obligations under the contract, Northern Properties has incurred losses totaling$149,937.25. WHEREFORE, it is respectfully requested this Honorable Court enter judgment in favor of Northern and against Digital Planet in the amount of$149,937.25, together with interest at the statutory rate, costs, and such other relief as the court may deem appropriate in this matter. Count 2—Quantum Meruit 37. Paragraphs 1 through 36 are incorporated herein by reference as though more fully set forth at length. 38. Digital Planet occupied space in the Premises from January 1, 2013 through September 26, 2014. 39. During the aforesaid time, Digital Planet received the benefits of the space without paying adequate consideration therefore. 40. The value of the Premises during the aforesaid time period was $121,893.00. 41. During the aforesaid time period, Digital Planet paid only$68,170.00. 42. As a result of Digital Planet's failure to pay what adequate consideration, Digital Planet was unjustly enriched by$53,723.00. WHEREFORE, Northern demands judgment be entered against Digital Planet in the amount of$53,723.00, together with interest at the statutory rate, costs, and such other relief as the court may deem appropriate in this matter. Count 3—Assumpsit 43. Paragraphs 1 through 42 are incorporated herein by reference as though more fully set forth at length. 44. On or about September 11, 2014, Northern made written demand upon Digital Planet for immediate payment of the amount of arrears. 45. More than 15 days have passed since Digital Planet received the demand. 46. To date, Digital Planet has failed to pay the amount of arrears due. WHEREFORE, Northern demands judgment against Digital Planet in the amount of$53,723.00, together with interest at the statutory rate, court costs, and such other relief as the court may deem appropriate in this matter. Respectfully submitted; B & UISE,LLP J n H. cCullough preme Court ID 87875 109 Market Street Camp Hill,PA 17011 717-731-9600 j.mccullough@hhgllp.com Verification I hereby verify.the facts set forth in the foregoing document are true and correct to the best of my knowledge. I understand that false statements contained herein may be subject to the penalties set forth at 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. William Stambaugh,Member Northern Control,LLC, General Partner of Northern Properties I,LP AGREEMENT OF LEASE THIS AGREEMENT OF LEASE("Lease")entered into this 61n'1 day of August 2012 by and between Northern.Properties I;LP,located at 51.1.N.Manchester. Street,Arlington,VA 22203- 1.038,hereinafter referred to as"LESSOR",and Digital Planet, Inc., hereinafter referred to as "LESSEE". WITNESSETH; That the said LESSOR in consideration of the payments and covenants hereinafter mentioned,does demise,lease and let unto the said LESSEE,to be used as an office,the premises situated in Upper Allen Township,Cumberland County,Commonwealth of Pennsylvania,described as follows,to wit: approximately 4,900 square foot of professional office space(space plan shown on Exhibit A)located on the second floor in the building together with the shared use of all common areas, restrooms and parking, located at 2 Market Plaza Way, Mechanicsburg,PA 17055("Leased Premises") To have and to hold unto the said LESSEE,subject to the terms and conditions of this Lease, for the term beginning on September 1, 2012 and ending on December 31,2015 ("Initial Term"), in consideration of which the said LESSEE agrees that it will pay to the said LESSOR for the use of the Leased Premises,the sum of$3,000.00 per month for October 2012 through December 2012; $5,717.00 per month for January 2013 through December 2013; $5,921,00 per month for January 2014 through December 2014;and$6,125.00 per month for January 2015 through December 2015 for a total of$222,156.00 for the Initial Term of the Lease. Provided that.LESSEE is not in default in the performance of this Lease, LESSEE shall have the option to renew this Lease for two additional two(2)year terms. All of the terms and conditions of this Lease shall apply during the renewal term,except that the Lease Payment shall be increased by three percent(3%)annually. The options shall be exercised by written notice given to LESSOR not less than 30 days prior to the expiration of the Initial Term or option term(s). If notice is not given in the manner provided herein within the time specified,this option shall expire,and the lease shall become a month to month term at the last monthly rental rate of the term or option term. The demise herein contained is made and accepted on the following conditions: 1. LESSOR at LESSOR's cost agrees to finish the space as per the attached plans and specifications,identified as Exhibit A,prior to occupancy by LESSEE. LESSOR grants early occupancy to LESSEE for move-in upon Lease signing and payment of security deposit($5,000.00)and first month's rental (October 2012, $3,000.00)in advance. 2. LESSOR agrees to allow LESSEE to perform future minor modifications of the Leased Page 1 orb Premises provided LESSEE and LESSOR mutually agree to the changes prior to construction. 3. At the end of the initial Tenn or any extension thereof, the Leased Premises shall be delivered in as good of condition as at the commencement thereof; ordinary wear and tear and unavoidable damage by fire,tempest and lightning excepted. 4. Lease Payments are due on the first of each month. If LESSEE shall fail to timely make a Lease Payment within ten(10)days after such payment becomes due and payable as provided in the Lease,such unpaid amounts shall be assessed a late fee at the rate of five percent(5%)of the monthly rent.. 5. If LESSEE should vacate the Leased Premises before the end of the Initial Tenn or any extended term of the Lease, or if LESSEE shall be in default in the payment of any installment of Lease Payment or other obligations for the period of thirty(30)days,then in that event,the Lease Payments for the remaining months of the Lease shall become immediately due and collectable. 6. The Leased Premises shall be occupied and used solely for the purposes of an office. LESSEE shall not carry on any business which will endanger the building from fire or cause a forfeiture of fire insurance or liability insurance that LESSOR has or may hereafter have on the Leased Premises. 7. LESSEE agrees to keep the Leased Premises in good condition of repair. 8. LESSOR shall pay real estate taxes,fire and casualty insurance and liability insurance. 9. LESSOR shall pay for all HVAC and electrical usage,provided to the Leased Premises. 10. LESSOR shall be responsible to maintain roof, structure, plumbing, HVAC and electrical services to the leased premises. LESSOR agrees to deliver the Leased premises in good and clean condition with all electrical(including lights, ballasts and light bulbs),plumbing and HVAC operational. 11. LESSOR shall be responsible for the replacement_of broken or cracked glass after notification that said damage occurs. 12. LESSOR shall pay all water service and sewer rent and trash disposal. LESSOR will also keep parking areas and sidewalks clear of snow and /or ice and maintain lawn and outside landscaping. LESSOR shall pay for all other building operating expenses in connection with this lease, excepting, interior suite janitorial service to the Leased Premises to be paid for by the LESSEE. 13. LESSEE shall be responsible for the cost of removing refuse from the Leased Premises and placing refuse in the dumpster provided by and at the cost of the LESSOR. Page 2 of 9 14. LESSOR shall be responsible to maintain and/or repair interior and exterior common areas. Common areas shall include hallways, restrooms, sidewalks, steps and parking areas. LESSOR shall have the responsibility for compliance with the ADA, and shall hold LESSEE harmless for any cost for ADA compliance with respect to the Leased Premises or common areas. 15. A security deposit of$5,000.00 shall be due upon execution of this lease. The security deposit shall be refunded to LESSEE, within thirty (30) days after expiration of the lease term or option term (s), provided there are no damages other than normal wear and tear and LESSEE has otherwise paid all of its financial obligations under this lease. The first month's rent shall be paid prior to LESSEE taking occupancy. 16. LESSOR covenants and agrees that if the LESSEE pays the Lease Payments and performs all of the covenants herein, that LESSEE shall, at all times during said time, have the peaceable and quiet enjoyment and possession of the Leased Premises at all times without any manner of hindrance from LESSOR, or any persons lawfully claiming through LESSOR. 17. At the expiration of the Initial Term or any renewal or extension thereof, any or all fixtures or construction improvements or any items which are attached to the Leased Premises, without limitation, shall remain a part of the leased premises, and shall become and remain the property of LESSOR. 18. LESSOR will provide necessary occupancy permits, at no cost to LESSEE. 19. LESSEE shall not assign or sublet all or any part of the Leased Premises without first obtaining the written consent of the LESSOR; said consent shall not be unreasonably withheld. 20. LESSEE hereby agrees that it will report any or all problems immediately to the LESSOR. 21. LESSOR shall provide identification signage on the building monument and near the entry to the leased Premises in the lobby of each floor and/or on the building, at LESSOR'S cost. All identification signs must be approved by LESSOR prior to being erected. 22. LESSOR shall carry and maintain at all times a fire and casualty extended risk and liability insurance policy. In the event the Leased Premises be destroyed by fire or other casualty,thereby making the Leased Premises untenable and unfit for occupancy so that the owner thereof deem it advisable to construct a new building, the terms of the Lease shall thereupon cease. LESSEE, however, shall have the first opportunity to lease the rebuilt comparable premises at the then scheduled lease payment. In the event,however,that the said building shall be damaged by fire,but not destroyed,the LESSOR will thereupon cause Cngc 3 of A the same to be repaired and restored to it's original condition, LESSOR to act with the greatest possible diligence,and if the said fire shall have rendered the premises untenable, payment of the lease payment shall be suspended from the time when the LESSEE shall notify the LESSOR of such condition, until such time as the building is ready for occupancy, and the LESSEE herein agrees that in the event that the building shall be so partially destroyed by fire as to render said repairs necessary,LESSOR shall thereupon have the right through its servants and agents to repair same and that the servants and agents of any contractor employed by the LESSOR shall have the right to take possession of the Leased Premises for the purpose of making such repairs,and the so taking possession shall not be an eviction of the LESSEE herein and shall in no manner affect this term of Lease. LESSEE shall use the Premises, parking areas, access drives, and all common areas throughout LESSOR'S property and Building,and shall occupy the Premises,at its own risk and releases LESSOR to the full extent permitted by law, except in the case of gross negligence by the LESSOR,from all claims of every kind resulting in loss of life,personal or bodily injury or property damage. LESSEE agrees to be responsible for any damage, except for normal wear and tear,to the property of LESSOR which may result from any use of the Premises or any act done thereon by the LESSEE or any person coming or being therein by the license or permission of the LESSEE express or implied. LESSEE shall provide, at its expense, and keep in force during the term of this Lease, general liability insurance in a good and solvent insurance company or companies licensed to do business in the Commonwealth of Pennsylvania selected by LESSEE and approvedby LESSOR, in amounts satisfactory to LESSOR in its sole and absolute discretion. A certificate of insurance shall be provided to LESSOR prior to the commencement of the Lease and evidence of renewal of the coverage shall be furnished to LESSOR at teastthirty (30) days prior to the date upon which any such insurance expires. Without limiting the foregoing, LESSEE shall provide a minimum of Two Million Dollars($2,000,000.00)in liability insurance against damage to person or property and shall name LESSOR as an additional insured. 23. And further, it is agreed and understood that the LESSOR, its heirs, successors or assigns may enter the Leased Premises in the presence of the said LESSEE for the purpose of ascertaining whether the Leased Premises are being maintained in good order and repair, during normal business hours. Further that the LESSOR reserves the right to display a"For Rent"or"For Sale"sign outside the leased area, and to show same prospective tenants or buyers. 24.All damages or injuries done to the Leased Premises other than those caused by fire and by ordinary wear and tear or by the acts or omissions of the LESSOR shall be repaired by the LESSEE herein. The LESSEE covenants and agrees to make said repairs upon ten(10) days written notice provided by LESSOR,and if LESSEE shall neglect to make said repairs or commence to make the same promptly or within ten(10)days after said notice is given to Pagc 4 ar A LESSEE,LESSOR shall have the right to make the said repairs and the expense and cost to the LESSEE may be collected as additional payments accruing for the month following the date of said repairs, and if the said expense is made at the expiration of the term, then the cost so incurred may be collected by the LESSOR as additional payments for the use of the Leased Premises during the term of the Lease. 25. In the event LESSEE notifies LESSOR of LESSEE'S desire to expand,LESSEE will be provided an opportunity to lease additional space within the building on a space available basis with terms to be negotiated. 26. LESSOR shall have the option to renegotiate the Lease in the event that the Consumer Price Index(CPI)rises ten percent(10%)or more within a twelve(12)month lease period, or there is an official currency re-valuation. 27. Except for termination of the lease as noted on page one of this lease,no termination of this Lease or any taking or recovery of possession of the Premises shall deprive LESSOR of any of its remedies or rights of action against LESSEE,and LESSEE shall remain liable for all past or future rent, including all additional rent payable by LESSEE under this Lease, during the Term. In no event shall the bringing of any action for rent or other default be construed as a waiver of the right to obtain possession of the Premises. 28. Any bill,statement,notice or communication of payment which LESSEE or LESSOR may desire, or be required to give to the other party, shall be sent to the other party by certified mail return receipt requested or by recognized national courier service to the address noted below: If to LESSOR: Northern.Properties 1,LP Attn:William Stambaugh., 511 N.Manchester. Street .Arlington,VA 22203-1.038 If.to LESSEE: Digital.Planet,Inc. Attn:Richard Gurba,President 2 Market Plaza Way,Suite 2 Mechanicsburg,PA 17055 29. This Lease shall inure to the benefit of and be binding upon the successors,executors, heirs and assigns of the parties hereto. 30.Art Campbell of Campbell Commercial Real Estate,Inc.represents the LESSOR and the LESSEE. LESSOR agrees to pay all brokerage fees in connection with this lease. LESSOR Pngc 5.f R and LESSEE agree to indemnify each other against any other leasing fees.. 31. There are no oral promises, representations, terms or conditions of any kind as inducement to the execution hereof or in effect between the Parties. This Agreement may not be altered, amended, modified or changed except in writing and executed by both LESSOR and LESSEE. 32. LESSOR reserves the right to establish and enforce reasonable rules and regulations for the operation of the Building in which the leased premises is located. SIGNATURE PAGF_.TO FOLLOW Pose ri d 9 IN WITNESS HEREOF,and intending to be legally bound,the parties hereto set their hands and seals on the day and date first above written. LFSSOR: Northern.Properties 1,LP 17 41 A t Z 4TN By: William Stambaugh,M tuber ESS Northern Control, LLC,General Partner Of Northern Properties 1, LP I,ESSEF. i ital 1 et, lzr- By: Ri iard Gurba '�`�L`^�1 WITNESS Digi al Planet, Inc. President Pagc 7 org Law Offices of & Guis _- _ .... 2109 MARKET STREET•CAMP HILL, PENNSYLVANIA 1 701 1 ~ MARK E.HALBRUNER (717) 731-9600•FAX: 717 CRAIG A. ( ) 731-9627 HATCH,CELA BRANCH OFFICE: Certified as an Elder Law Attorney by CORRESPONDENCE ADDRESS: - 3 WEST MONUMENT SQUARE,SUITE 304 the National Elder Law Foundation Camp Hill Office CLIFTON mGUISE LEWISTOWN,PA 17044 Also Admitted WEB SITE: (717)248-6909tted to practice before the com hh II U.S.Patent 8 Trademark Office www. 9 p• STACEY L.NACE Paralegal JOHN H.MCCULLOUGH TRACI L.SEPKOVIC Of Counsel Paralegal TRACI L.HILFERDING Paralegal September 10, 2014 Digital Planet, Inc. Attn: Richard Gurba, President 2 Market Plaza Way, Suite 2 Mechanicsburg, PA 17055 Re: Notice to Quit Premises at 2 Market Way, Suite 2, Mechanicsburg, PA Dear Mr. Gurba: Please be advised that I represent Northern Properties I, LP who is your landlord at 2 Market Plaza Way, Mechanicsburg, PA. Digital Planet, Inc. has failed to meet its obligations under the written lease dated August 8, 2012, and the addenda thereto - by failing to make timely rent payments. Your rent is currently in arrears by$53,723.00. It is hereby demanded that Digital Planet, Inc. pay the above amount immediately. Failure to do so shall require Northern Properties I, LP or its agents to pursue any and all remedies it may have under the lease or at law with respect to your tenancy. Nothing contained in this letter shall constitute a waiver as to any rights Northern Properties I, LP or its agents may have under the lease or applicable laws. As a result of the foregoing defaults, Digital Planet, Inc., is hereby notified that said lease agreement shall terminate 15 days after service of this notice.At or before that time, Digital Planet, Inc., is to deliver possession of the lease premises to Northern Properties 1, LP. If Digital Planet, Inc.,fails to do so, legal proceedings will be instituted against Digital Planet; Inc., for the purpose of recovering possession of the lease premises as well as monetary damages, punitive damages,attorneys' fees and costs. Sincerely, (in H. McCullough c, Client File 'effrep 30 Rinner Office of Conotabie - Cumberianb Countp . O. Alox 3202, ObiremanotoWn VZI 17011 717.329.2543 jbubigner@comca�t.ttet Certificate of Oerbice I, Jeffrey W Kisner, will swear upon oath,the document listed below has been served Upon: DIGITAL PLANET,INC. TIM RITTER(ADULT) At location: 2 MARKET PLACE WAY SUITE 2 MECHANICSBURG PA On date: 9/11/2014 at time: 3:53 PM In accordance of directions given to me by HALBRUNER HATCH& GUISE, LLP Document: NOTICE TO QUIT Jeffrey W Kisner 54' ' 9/22/2014 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY rifoiLL itl DE.0 _4 4 culIBERI PE;� NN.-S'. r r. (*TICE 0FT3 6.0.;ERIFF Northern Properties I, LP vs. Digital Planet, Inc. (et al.) Case Number 2014-6345 SHERIFF'S RETURN OF SERVICE 11/20/2014 03:24 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Richard Gurba at 7 W Winding Hill Road, Upper Allen Township, Mechanicsburg, PA 17055. SHERIFF COST: $39.79 SO ANSWERS, November 21, 2014 RONI4S' R ANDERSON, SHERIFF tot CouuntySu :e Sharif', Te eosaft...c.