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HomeMy WebLinkAbout06-1659David J. Lanza I.D. No. 55782 2157 Market Street Attorney for Plaintiff Camp Hill, Pennsylvania 17011 (717) 730-3775 AMB ASSOCIATES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. C'(o - /(,J 'q (?lot v. CIVIL ACTION - LAW RELIABLE TEMPS, INC. Defendant CONFESSION OF JUDGMENT FOR MONEY DAMAGES Pursuant to the Authority contained in the Warrant of Attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant, Reliable Temps, Inc., and confess judgment in favor of Plaintiff and against the Defendant as follows: Unpaid rent from through October 31, 2007 Late fees - December 2005 Ten percent (10%) attorney fees $20,919.16 89.69 2$ ,100.89 TOTAL $ 23,109.74 Respectfully submitted, By: David J. Lanza Attorney I.D. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff 13216-87 David J. Lanza I.D. No. 55782 2157 Market Street Attorney for Plaintiff Camp Hill, Pennsylvania 17011 (717) 730-3775 AMB ASSOCIATES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. OL -I?S`j l tv ?? l V. CIVIL ACTION - LAW RELIABLE TEMPS, INC. Defendant COMPLAINT PURSUANT TO Pa.R.C.P. 2951(b) FOR CONFESSION OF JUDGMENT FOR MONEY DAMAGES AND NOW, this 18`" day of March 2006, comes the Plaintiff, AMB ASSOCIATES, by and through its undersigned attorney, David J. Lanza, and files this Complaint, and in support thereof avers as follows: 1. The Plaintiff, AMB Associates, is the owner of the real estate situate at 845 Sir Thomas Court, Harrisburg, PA and maintains an address at c/o PMI 1300 Market Street, Lemoyne, Pennsylvania 17043. 2. The Defendant, Reliable Temps, Inc., is a business entity of undetermined nature with a place of business at 671 Willow Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. On or about October 4`h, 2004, Plaintiff and Defendant entered into an Agreement of Lease ("Lease') for the 900 square feet of the premises known as Suite 11A, located on the second floor of 845 Sir Thomas Court, Harrisburg, Dauphin County; Pennsylvania 17109, a true and correct copy of which is attached hereto as Exhibit "A." 4. Said Lease has not been assigned by Plaintiff. 5. No judgment on the Lease has been entered in any jurisdiction. 6. The aforesaid Lease requires Defendant to pay unto Plaintiff the sum of Eight Hundred Seventy-Five and 00/100 Dollars ($875:00) per month from November 1, 2004 through October 31, 2005, with subsequent amounts due as set forth on page 2 of Exhibit "A." 7. Defendant has failed to pay rent in full since October 2005. 8. Defendant has failed to pay any rent at all since November 2005. 9. As a result of Defendant's failure to make the monthly rental payments, the remaining monthly payments (through October 2007) have become immediately due and payable. 10. Pursuant to page 9 of the aforesaid Lease, Defendant is required to reimburse Plaintiff for Plaintiff's attorney fees in the amount of 10% of the balance due. 11. There is justly due and owing to the Plaintiff from the Defendant on account of the aforesaid breach the sum of Twenty three thousand one hundred nine and 74/100 Dollars ($23,109.74), calculated as follows: Unpaid rent from through October 31, 2007 $20,919.16 Late fees - December 2005 89.69 Ten percent (10%) attorney fees $ 2.100.89 TOTAL $ 23,109.74 12. Plaintiff has demanded payment from the Defendant, but Defendant has neglected and refused, and continues to refuse, to pay the same or any part thereof. Wherefore, Plaintiffs demand judgment against Defendant Reliable Temps, Inc. in the amount of $23,109.74 plus costs and interest from December 1, 2005. Respectfully submitted, By: David J. Lanza Attorney I.D. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorneys for Plaintiff 13216-87 VERIFICATION I, Brenda Rineer, Property Manager, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: 3 5 o By: 43l?lc Brenda Rineer COMMERCIAL LEASE PARTIES // THIS AGREEMENT OF LEASE, is made this day of between AMB ASSOCIATES (for the purpose of this Lease to be known as "Lessor") and RELIABLE TEMPS, INC. (for the purpose of this Lease to be known as "Lessee"). PREMISES WITNESSETH, that Lessor in consideration of the rents and covenants hereinafter mentioned, does demise and lease unto Lessee, all that certain space to be used for office purposes, hereinafter referred to as "the Space", and more specifically described as follows: 13UILDING: Olde English Gap ADDRESS: 845 Sir Thomas Court, Harrisburg, Pennsylvania 17109 SQUARE FOOTAGF SU11,I FLOOR. 900 Rentable I I A Second TERM TO HAVE AND TO HOLD, unto Lessee, subject to the conditions of this Lease, for the term beginning November 1, 2004 and ending October 31, 2007. BASE RENT - November 1, 2004 to October 31. 2005. IN CONSIDERATION of which, Lessee agrees to pay to Lessor for the use of the Space, the surn of Ten Thousand Five Hundred and 00/100 Dollars ($10,500.00), to be payable in monthly installments of Eight Hundred Seventy Five and 00/100 Dollars ($875.00), in advance, on the first clay of each calendar month during the period beginning November 1, 2004 and ending October 31, 2005. 1 13ASE RENT- November 1. 200-i to October 3t. 2006. IN CONSIDERATION of which, Lessee agrees to pay to Lessor'for the use of the Space, the sum of Ten Thousand Seven Hundred Sixty Two and 56/100 Dollars ($10,762.56), to be payable in monthly installments of Eight Hundred Ninety Six and 88/100 Dollars ($896.88), in advance, on the first day of each calendar month during the period beginning November 1, 2005 and ending October 31, 2006. BASE RENT - November 1, 2006 to October 31, 2007. IN CONSIDERATION of which, Lessee agrees to pay to Lessor for the use of the Space, the sum of Eleven Thousand Thirty One and 60/100 Dollars ($11,031.60), to be payable in monthly installments of Nine Hundred Nineteen and 30/100 Dollars ($919.30), in advance, on the first day of each calendar month during the period beginning November 1, 2006 and ending October 31, 2007. LATI, CHARGE Any rent not paid within ten (10) days of its due date shall be subject to a ten percent (f0%) lute charge. Payments, when received by Lessor, shall be applied first to delinquent rents and late charzes, if any. SECURITY DEVOSiT A "security deposit" in the anwunt of Licht I lundred Seventy Dive and 00/100 Dollars ($S75.00), paid upon the execution of this Leasc, shall be held by Lessor as security for the performance by Lessee of all [tic terms, covenants, and conditions of this Lease and/or file correction of damage in excess of normal wear and tear; otherwise, the "security deposit" , or any balance thereof, shall be returned without interest after the Lessee has vacated and left the premises in acceptable condition and surrendered all keys to Lessor. It is understood and agreed that the said "security deposit" is not to be considered as the last payment under the Lase. PLACE OF PAYMENT The rent reserved shall be promptly paid on the several days and times specified licrein without deduction or abatement, unless hereinafter provided to the contrary, at the principal office of Lessor or such other address as Lessor may from time to time designate in writing. INABILITY'170 GIVE POSSESSION Lessor shall not be liable to Lessee for any damage which may be caused to Lessee by the failure of Lessor to give possession of the Space by November 1, 2004 if the failure is not due to any fault on the part of Lessor, unless hereinafter provided to the contrary. 2 BOLDING OVER AS RENEWAL A hold over by Lessee beyond the terms of this Lease or any hereinbefore duly authorized additional term, or failure of Lessee to give notice of its intention to vacate the Space at the end of such term at least 120 days prior to such end of term, shall, at the option of Lessor, be deemed a renewal of this Lease on a month-to-month basis, with the renewal being under and subject to all provisions contained in this Lease, with the exception of any provision for the base rental rate. Monthly rent owed to Lessor during any hold over period shall be two hundred percent (200%) of the monthly rate upon expiration of the original term. UTILITIES & SERVICES. ETC. Lessor agrees to provide the following: UfiLITIES: Electricity (sufficient to provide an adequate and uniform level of illumination, air conditioning, ventilating and air circulating equipment and other building machinery and e(Juipment, heat, and hot and cold water). Ileat, ventilation, and air conditioning. Water (hot and cold). Public sewer or private septic service (whichever k applicaihlc). Removal and disposal of refuse (with the exception of any refuse which would come under the classification "13iohazard", "Infectious Waste", or "Chemotherapeutic Waste" such as front it medical facility, in which case removal and disposal would be the Ussec's responsibility). SERVICES: Janitorial service in the common areas only. Snow Removal (required removal of snow and ice from the pavernent(s), driveway(s), and parking area(s), if any). Building Repairs (building standard repairs including the changing of light bulbs and fluorescent tubes, plumbing, electrical repairs to and maintenance of existing systems). 3 Lessee agrees to provide (including but not limited to) the following: Telephone system and service janitorial services within the leased Space. If Lessee desires to introduce computer or telephone wires and instruments, the Lessor will place or direct the placing of same as to where, and how, and to what extent they are to be placed, and without such direction, no boring or cutting for wires will be permitted. The attaching of wires to the outside of the Building is absolutely prohibited. No attachment shall be made to the electrical system of the Building for the running of electric fans or motors, for storing of electricity, or for any other purpose without the written consent of the Lessor. Further, the electricity supplied to the demised premises shall not be used for any other purpose than lighting fluorescent and incandescent lamps, typewriters, calculators, electric clocks, letter folders, dictating equipment, personal computers, and other office equipment that will not require an unusual amount of electricity, without the written consent of Lessor. "The Lessor, in all cases, reserves and retains the right to require the placing and using of electrical protecting devices to prevent the transmission of excessive currents of electricity in, to, or through the Building, and to rcquirc the changing of wires and their placing and arrangement as the Lessor may deem necessary; and further, to require compliance on the part of all using or seeking access to such wires with such rules as the Lessor may establish rclating thereto, and in the event of noneumpliancc with the requirements and rules, the Lessor shall have the right to immediately cut and prevent the use of such wires. In case the I.essee, in the reasonable judgment of the Lessor, uses electricity in an extravagant or unrcasonahlc manner, said Lessor may rcquirc said Lessee to put in a meter or meters and pay for the amount used (if such would occur, the rental payments would be reduced by the amount allocated therein for the costs incident to supplying a reasonable amount of electricity to the demised premises), or in default thereof, the supply to be cut off. NEGATIVE COVENANTS OF LE'SSE'E (a) Waste DamaLC or Injury to Premises; Restoration No waste, damage, or injury to the Space shall be committed, and at the end of the term, the Space shall be restored, at the option of the Lessor, to the same condition in which it was at the commencement of the term, and the cost of said restoration shall be paid by Lessee, which cost shall be treated as additional rent due and owing under the terms of this Lease. This paragraph is subject to the exceptions of ordinary wear and tear and unavoidable damage by fire, elements, casualty, or other cause or happening not due to Lessee's negligence. 4 (b) Lawful Possession, Fire Precautions, Machinery, Weiehts Lessee shall not carry on any unlawful or immoral business in or about the Space, and shall not carry on any business which will endanger the Building from fire or cause a forfeiture of any fire insurance that Lessor has or may hereinafter have on the Building. Lessee shall use every precaution against fire or activities which would cause a forfeiture of any fire insurance. Lessee shall not operate any machinery or equipment that may be harmful to the Building or disturbing to other occupants of the Building, nor place weights in any portion of the Space beyond the safe carrying capacity of the structure. (c) Suns Lessee shall not place any signs upon the exterior of the Space nor cause any lettering of any hind whatsoever to be placed upon the outside windows of the Space. Lessee may, however, place a sign upon its door. (d) Alterations and Improvements Lessee shall make no alterations, additions, or improvements in or about the Space without Lessor's prior written consent. All such work shall be done at such time and in such manner as shall minimize any inconvenience to other occupants of the Building. As a condition precedent to LCSSOr'S consent, I.eSSCC shall deliVC[ to Lessor written plans and specifications for all work and written plans and specifications for all healing, ventilating, and air conditioning alterations and/or improvements. Lessor shall have the right to approve any contractor to be used by Lessee in connection with any approved alterations and/or improvements to the Space. Lessee shall comply with all governmental rules and regulations in connection with such work and shall prevent any lien or obligation from being created against or imposed upon the Mlilding and will discharge all liens and charges for services rendered or materials furnished immediately after said liens occur or such charge becomes clue and payable. Any alterations, additions, or improvements made by Lessee and any fixtures installed as part thereof, shall at Lessor's option becomo the property of Lessor upon the expiration or sooner termination of this Lease; provided, however, that Lessor shall have the right to require Lessee to remove such fixtures or improvements and restore the Space to its original condition at Lessee's cost upon the expiration or sooner termination of this Lease. (c) Vacation Lessee shall neither vacate nor desert the Space during the term of this Lease nor permit same to be empty and unoccupied. (t) Assianin2, etc. by Lessee Lessee shall not have the privilege of assigning or subletting the Space, or mortgaging any interest it may have by virtue of this Lease, unless the written consent of Lessor is first obtained, such consent to be reasonable and shall not be arbitrarily withheld. 5 LESSOR'S RIGHTS (a) Riaht of Inspection It is agreed and understood that Lessor, Lessor's duly authorized agents, contractors, and employees may enter the Space at reasonable times during the term for the purpose of inspecting. (b) Rules and Reeulations Lessor may from time to time establish reasonable rules and regulations for the safety, care, and cleanliness of the Space and the Building, and for the preservation of good order therein. Such rules and regulations shall, when notice thereof is given to Lessee, form a part of this Lease. REMEDIES OF LESSOR If Lessee should remove or prepare to remove, or attempt to remove from the Space before the expiration of the term or at any time during the continuance of this Lease, or if Lessee shall be in default of any installment of rent for the period of twenty (20) days, or should there be a default in any of the covenants or conditions as herein contained, and should Lessee fail to remedy such default within twenty (20) days of notice, or if Lessee should become insolvent, or make an assignment for the benefit ol'creditors, or if a petition in bankruptcy is filed by or against Lessee or a Bill of fiyuity or other proceeding for the appointment of a receiver for Lessee is filed, or it proceedings for reorganization or for composition with creditors under any state or federal law he instituted by or against Lessee, or if the real or personal property of Lessee shall be sold after levy by any Slucriff, Marshal, or Constable, then in that event, runt for the unexpired portion of the then current term of this Lease, at the rate which is then due and collectible under the terms of this Lease, shall immediately become due and payable and shall be collectible by distraint or otherwise, and Lessor shall have the further right in said event, to forfeit and terminate this Lease; the said forfeiture to be effected by giving notice in writing to Lessee herein or to the person then in charge of the Space. 6 RESPONSIBILITY OF LESSEE (a) Damages or Injury to Property All damages or injuries done to the Space by Lessee and/or Lessee's customers, clerks, servants, agents, employees, visitors of Lessee, and individuals for whom Lessee is responsible, other than those caused by ordinary wear and tear, shall be repaired by Lessee at its expense. Lessee covenants and agrees to make such repairs upon twenty (20) days' written notice given to Lessee by Lessor, and if Lessee shall neglect to make said repairs or commence to make the same promptly or complete the same within twenty (20) days after receiving such notice, Lessor shall have the right to make such repairs at the expense and cost of Lessee, and the amount thereof may be collected as additional rent accruing for the month following the date of the said repairs, and if said expense is made at the expiration of the term, then the cost so made may be collected by the Lessor as additional rent for the use of the Space during the entire term. (b) Pavment of,Iudgment, etc. Lessee shall bear, pay, and discharge when and as the same become due and payable all judgments and lawful claims for damages or otherwise against Lessor, arising from Lessee's use or occupancy of the Space and will assume the burden and expense of defending all such suits, whether brought before or after the expiration of this Lease, and will protect, indemnify, and save harmless Lessor, or Lessor's agents, scrvants, employees, and the public at large. (c) Discharye of Liability In CUn11dCl ahOll Of scouring this Lcasc at the above-stated rent, L;sscc does hereby release and discharge (lie Lessor, its agents, scrvants, and/or employees, and said Lessor's successors and/or assigns, from any and all liability by reason of any injury, loss, and/or clannt,e to any person and/or property in the demised premises, whether belonging to Lessee or any other person, caused by any fire, the breaking, bursting, stoppage and/or leakage of any water pipe, gas pipe, sewer, basin, water closet, steam pipe, and drain in any part or portion of the Space and/or any part or portion of the Building of which the Space is a part, and from all liability for any and all injury, loss and/or damage caused by the water, gas, steam, waste, and contents of said water pipes, gas pipes, steam pipes, sewers, basins, water closets, and drains, or from any kind of injury, loss and/or damage which may arise from any other cause on the premises or in the Building. 7 RESPONSIBILITY OF LESSOR (a) Partial or Total Destruction of Property In the event that the Building or the Space shall be totally or substantially damaged by fire or other casualty or happening, this Lease shall not terminate, but in such event Lessor agrees to repair, restore, or rebuild the Space as the case may be, subject to the availability of insurance proceeds, to its condition immediately prior to such damage or destruction with due diligence and within four (4) months after such damage; and in the event that the demised premises cannot be repaired, restored, or rebuilt as aforesaid, within such four (4) months' period, Lessor's sole remedy shall be the right to cancel and terminate this Lease without further liability on the part of either party. The rent payable hereunder shall entirely abate in case the demised premises are substantially destroyed or so damaged as to be rendered untenantable, or abate proportionately according to the extent of the injury or damage sustained by the Space, if it is not substantially destroyed but is rendered partially untenantable, until the Space shall have been restored, repaired, or rebuilt, as the case may be, and put in proper condition for use and occupancy. Lessor agrees to institute such repairs immediately after such damage and to complete the same with due diligence and within a reasonable time. Partial destruction shall be restored within ninety (90) days from the date of destruction, and complete destruction shall be completely rebuilt within 120 days from the date of destruction to the extent feasible. (b) Dama?:c for Interruption of Use Lessor shall not be liable lift any data-c, compensation, or claim by reason of' inconvenience or annoyance arising from the necessity of making repairs, alterations, and/or additions to any portion of the Space, the interruption in the use of tlic Spacc, or the termination of this Lease by reason of the destruction of the Space- ACCEM'ANCE OF NOTICE TO QUIT• DISPOSSESSION- WAIVER OF REMEDIES BY LESSEE; WAIVER OF DEMAND Lessee hereby accepts notice to quit, remove from, and surrender up possession of the Space to Lessor at the expiration of the term hereof, whenever it may be determined. On failure to pay rent due for twenty (20) days, or upon breach of any other condition of this Lease, as possibly modified by the Paragraph entitled "Remedies of Lessor" hereof, despite the distraint, Lessee shall be a nontenant, subject to dispossession by Lessor, without further notice or process of law, with release of error and of damages, and Lessor may reenter the premises and dispossess Lessee without thereby becoming a trespasser. Lessee hereby waives the benefit(s) of all exemption laws of this Commonwealth that are now in force or may hereinafter be in force, or in any action or actions that may accrue on this Lease, and in any distress or distresses that may be made for collection of the whole of said rent, or any part thereof. Lessee also waives the benefit of stay of 8 execution, inquisition, extension, right of appeal, certiorari, and all errors in all proceedings arising out of this Lease. Lessee does also hereby waive any and all demand for payment of the rent herein provided for, either on the day due or on any other day, either on the land itself or in any other place, and agrees that such demand shall not be a condition of reentry or of recovery of possession without legal process or by means of any action or proceeding whatsoever. CONFESSION OF JUDGMENT If rent and/or charges hereby reserved as rent shall remain unpaid for twenty (20) days beyond any day when the same should be paid, Lessee hereby empowers any Prothonotary or Attorney of any court of Record to appear for Lessee, in any and all actions which may be brought for rent and/or the charges, payments, costs, and expenses reserved as rent, or agreed to be paid by Lessee and/or to sign for Lessee an agreement for entering into any competent court an amicable action or actions for the recovery of rent or other charges or expenses, and in said suit(s) or in said amicable action or actions to confess judgment against Lessee for all or any part of the rent specified in this Lease and then unpaid including the rent for the entire unexpired balance of the term of this Lease, and/or other charges, payments, costs, and expenses reserved as rent or agreed to be paid by Lessee, and for interest and costs together with an attorney's commission of ten percent (10%); and judgment in ejectment as herein provided may be entered concurrently therewith. Judgment may be confessed repeatedly until any deficiency is collected. EJECTMENT At the end of said term, whether the same shall be determined by forfeiture or expiration of the term, or upon the [)reach of any of the conditions of this Lease, as possibly modified by the Paragraph entitled "Remedies of Lessor" hereof, lessee authorizes any attorney Of a court of record in PCmrSylvania to appear for Lessee in an amicable action of ejectment and confess judgment against Lessee in such action and I_.csscc in such event further authorizes the immediate issuance of a Writ of Possession for the same, with Writ of Execution for the costs, and with reasonable attorney's fees for prosecution of such action. LIABILITY RELIEF Lessee hereby relieves Lessor from all liability by reason of any injury, loss, and/or damage to any person or property in the Space which may arise from or be due to the use, misuse, or abuse or the elevator(s), if any, hatches, openings, stairways, or hallways, that may be (or have been) constructed in the Building, or from any hind of injury, loss, and/or damage which may arise from any other cause on the premises or in the Building. POSSESSION DEFINED Possession of the Space includes the exclusive use of the same, together with the use, in common with any other occupants of the Building, of the hallways, stairs, elevator(s), if any, toilet rooms, parking area, if any, heat, air conditioning, electricity, lighting, and water. 9 REMEDIES CUMULATIVE All remedies of Lessor shall be cumulative and concurrent. CONDEMNATION In the event that the Space or any part thereof is taken or condemned for a public or quasi-public use, this Lease shall, as to the part so taken, terminate as of the date title shall vest in the condemnor,.and rent shall abate in proportion to the square feet of leased space taken or condemned or shall cease if the entire Space be so taken. If a part taken substantially and unreasonably interferes with the function and efficiency of Lessee's business, Lessee may terminate this Lease on the remaining portion of the Space by delivering a fifteen (15) day written notice to Lessor. In any event, Lessee waives all claims against Lessor and the condemning authority by reason of the complete or partial taking of the Space. SUBORDINATION OR SUPERIORITY; ASSIGNMENT BY LESSOR The rights and interests of Lessee under this Lease shall be Subject and subordinate to any first mortgage that may be placed upon the Space and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements, and extensions thereof. Any mortgagec may elect to give the rights and interest of Lessee under this Lease priority over the lien of its nuxtgagc. In the event of such election and upon notification by such mort!,agec to Lessee to that effect, the rights and interests of l cssee under this Lease shall be dcemcd to have priority over the lien of said mortgage, whether this Lease is dated prior to or subsequent to the data of said mortgage. Lessee shall execulc and deliver whatever instruments may be required 1'01 such purposes and in the event I.r sec fails to do so within tell (10) days after demand in writing, Lessee does hereby make, constitute, and irrevocably appoint Lessor as its attorucy-in- fact and in its name, place and stead so to do. Lessor may assign its interest in this Lease or any part thereof, and such assignee shall thereupon be deemed Lessor hereunder. QUIET ENJOYMENT Lessee, upon paying the said rent and performing the covenants of this Lease, on its part to be performed, shall and may peaceably and quietly have, hold, and enjoy the Space for the term aforesaid and any herein duly authorized additional term. ELEVATOR Lessor will have, and keep in operation, an automatic-type passenger elevator and keep the same in good repair; all ordinary cleaning of, and repair to said elevator shall be effected so far as possible, out of business hours, but all extraordinary repairs or improvements rendered necessary by accident or other cause may be made at any time, and in such case, Lessor shall not be responsible for suspension of elevator service, provided such repairs or improvements be made with reasonable diligence. 10 NOTICE OF TERMINATION Anything heretofore notwithstanding, a written notice that Lessee intends to terminate this Lease shall be delivered to Lessor at least 120 days prior to the end of the term of this Lease or Lessee's inaction shall, at the option of Lessor, result in the renewal of this Lease for a further term of thirty (30) days, and so on from month to month and the renewal(s) shall be under and subject to all the provisions as contained in this Lease; provided, however, that such renewal(s) shall be at a rental rate equal to two hundred percent (200%) of the monthly rate upon the expiration of the original term. SPACE PREPARATION It is clearly understood that the demised Space shall be rented by the Lessee on an "as is" basis, and the only space preparation work that shall be done shall be the work outlined on Addendum #1 attached to and made a part of this Lease. LEASE CONTAINS ALL AGREEMENTS It is expressly understood by the parties that the whole agreement between them is embodied in this Lease (executed in duplicate or triplicate as the case may be) and that no part or items are omitted, unless the same be hereinafter modified by written agreement(s). HEIRS, E-FC. This Lcasc shall be binding upon the partics hereto and their respective successors and/Or IN WITNESS WHEREOF the parties have hereunto set their hands as individuals or the hands and seals of their respective corporation or partnership, hereunto duly authorized, intending fully to be bound thereby. Titlc: p(-Uy? WITNESS: /)C%y«cC? LESSEE: RELIABLE TEMP (-, INC. Dale: io 1 IS (,X-( '4?f_M s. Title: ??- F,Zoo wrrNESS: Dale: c l1 LESSOR: AbIBASS0CIATES ADDENDUM #1 it is agreed that the following work shall be performed to the demised Space by the Lessor at no cost to the Lessee: 1. Repaint suite. 2. Add Lessee signage to outside directory, lobby directory, and floor as needed and according to building standards. LESSOR: AMBA.SSOCIATF.S WI"fNI?SS:????L/c,•? ! ??1?rc'?Qn? LE'SSEE': RELIABLE 77"MPS, INC. Title: ()'0P--i L Date: ?vI l 4 ? ?? ? SV["CN?rsS. ?7& Title: /UAtvQ 1?CvL? Date: ?)C. /, /M L 12 . ? ? ? _ ? ? - a _ ? ? U`i C p Y J ? --?J ?_ ?? n? r; ?N ?., t?' T ?i _,? '"i.::; _?,, ,, t David J. Lanza I.D. No. 55782 2157 Market Street Attorney for Plaintiff Camp Hill, Pennsylvania 17011 (717) 730-3775 AMB ASSOCIATES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. - L) V. CIVIL ACTION - LAW RELIABLE TEMPS, INC. Defendant TO: Reliable Temps, Inc. 671 Willow Street Lemoyne, Pennsylvania 17043 You are hereby notified that on P2006, judgment by confession was entered against you in the sum of $23,109.74 in the above-captioned case. I DATE: Prothonota 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 I hereby certify that the following is the address of the Defendants stated in the certificate of residence: Reliable Temps, Inc. 671 Willow Street Lemoyne, PA 17043 r? Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMB ASSOCIATES, Plaintiff V. RELIABLE TEMPS. INC. Defendant Docket No. 06-1659 CIVIL TERM CIVIL ACTION - LAW PETITION TO STRIKE JUDGMENT REQUEST FOR A PROMPT HEARING I hereby certi fy that I did not voluntarily, intelligently and knowingly give up a right to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unworn falsification to authorities. Notice of this hearing should be given to me at: 671 Willow Street Lemoyne, Pa. 17043 1-877-612-1287 (Phone) Simon Tran- Sales Manager DATE CERTIFICATE OF SERVICE I hereby certify that I am this 130' day of April, 2006 serving a copy of the foregoing Petition to Strike Judgment Request For Prompt Hearing upon the person and in a manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first class postage prepaid as follows: Mr. David J. Lanza, Esq. 2157 Market Street Camp Hill, Pa. 17011 C. Antony Ulen, Rep senta1 ve 1 f f Dated: j f1 tf _? i_ s: r .t _ AMB ASSOCIATES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1659 CIVIL RELIABLE TEMPS, INC. Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 10th day of May, 2006, upon consideration of the foregoing Petition to Strike Judgment, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Plaintiff to show cause why the Defendant is not entitled to the relief requested; 2. The Plaintiff will file an answer to this petition on or before May 30, 2006; 3. A copy of said answer will be filed with this Court; 4. The petition shall be decided under Pa.R.C.P. No. 206.7; 5. If the Plaintiff files an answer to the Rule to Show Cause, an evidentiary hearing shall be held on the 14th day of July, 2006, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse. If no answer to the Rule to Show cause is filed by the required date, the relief request by Defendant shall be granted. By the Court, ,/avid J. Lanza, Esquire Attorney for Plaintiff 1 mon Tran bas M. L. Ebert, Jr., J. oX3 / 01 VINVi ,SNN3d 19 :01 WV I 1 ANION A8ViC NC' iCU- d ]JOLLY-10 -©M Jr David J. Lanza I.D. No. 55782 2157 Market Street Attorney for Plaintiff Camp Hill, Pennsylvania 17011 (717) 730-3775 AMB ASSOCIATES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 6- 1 6 5?j v. CIVIL ACTION - LAW RELIABLE TEMPS, INC. Defendant PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO STRIKE AND NOW, this 30th day of May 2006, comes the Plaintiff, AMB ASSOCIATES, by and through its undersigned attorney, David J. Lanza, and files this Answer to Defendant's Petition to Strike, and in support thereof avers as follows: 1. Denied. Defendant executed the Agreement of Lease, which Agreement contained the warrant of attorney allowing Plaintiff the right to confess judgment against Defendant. The terms of the aforesaid Agreement were negotiated between the parties prior to execution. Pursuant to Defendant's demands, Plaintiff reduced the rent by almost $3.00 per square foot and incurred painting expenses for the interior of the premises. Plaintiff made these concessions prior to the execution of the Agreement. Wherefore, Plaintiffs request that Defendant's Petition be dismissed. Respectfully submitted, By: Allk David J. Lanza Attorney I.D. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorneys for Plaintiff 13216-87 VERIFICATION I, Eric Kunkle, Property Manager, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unswom falsification to authorities. Date: 5 130106 By. Eric Kunkle CJ SHERIFF'S RETURN - REGULAR CASE NO: 2006-01659 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMB ASSOCIATES VS RELIABLE TEMPS DOULGAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGMENT was served upon RELIABLE TEMPS INC the DEFENDANT , at 1024:00 HOURS, on the 24th day of March 2006 at 671 WILLOW STREET LEMOYNE. PA 17043 by handing to C ANTHONY ULEN, PRESIDENT, ADULT IN CHARGE a true and attested copy of CONFESSION OF JUDGMENT together with COMPLAINT FOR CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.1 and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 491 Service 14.08 Postage .39 Surcharge 10.00 R. Thomas Kline 00 42.47 3/27/2006 DAVID LANZA Sworn and Subscribed to before me this day of `y"-'7 abOG A.D. By: f ep ;#S F Prot IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AMB ASSOCIATES, Plaintiff V RELIABLE TEMPS, INC. Defendant Docket No. 06-1659 CIVIL ACTION LAW MOTION TO CONTINUE HEARING AND NOW, this 12'h day of July 2006 comes the Defendant, Reliable Temps, Inc, pro se, and requests that the hearing presently scheduled for July 14, at 1:30 pm in courtroom 5 before The Honorable M.L. EBERT, JUDGE on the above-captioned matter be continued. In support of this motion Defendant avers the following: 1. On July 10, 2006 Defendant, whose national origin and ancestry is Vietnamese submitted a complaint alleging discrimination by the plaintiff in the terms and conditions of the lease in general and the section of the lease that is the source of the complaint before this Honorable Court, to wit, "Confession of Judgment". This complaint was submitted to the U.S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity. (A copy of the complaint is attached hereto and is identified as Exhibit A and is made a part of this Motion To Continue Hearing and is incorporated by reference thereto). 2. On July 12, 2006 your Defendant submitted answers to a questionnaire propounded by the Pennsylvania Human Relations Commission Regional Office in an effort to pursue a complaint of discrimination based on Defendant's national origin, Vietnam and ancestry, Vietnamese. (See attached copy of the Questionnaire that is identified as Exhibit B and is incorporated into this motion by reference thereto). WHEREFORE, Your Defendant respectfully requests that this Honorable Court CONTINUE THE JULY 14, 2006 HEARING scheduled for 1:30 pm until such time as the Pennsylvania Human Relations Commission and the US Department of Housing and Urban Development complete there individual investigations, prepare a finding and the process is completed. Respectfully submitte Simon Tran ro e. VERIFICATION I, Simon Tran, verify that the statements made in the Motion To Continue Hearing are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are made subject to the penalties of 18 Pa. CSA sections 4904, relating to unworn falsification to authorities. //'? 1adz)& DA E BY: Sim Tran CERTIFICATION I, C. Antony Ulen, an adult individual, hereby certify that on July 12, 2006 I hand delivered the MOTION TO CONTINUE HEARING to: Mr. David J. Lanza, Esq. Attorney For Plaintiff 2157 Market Street Camp Hill, Pa. 17011 l C. Antony len ?? C j'6y# a 14 U.S. Department of Housing Housing Discrimination and Urban Development complaint office of Fair Housing and Equal opportunity p lease type or print this form OMB Apoloval No 2 (exp 4r30r200' F, ublic Reporting Burden for this collection of Information is estimated to average 1 hour per response, including the lime forreviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Ft ead this entire form and all the Instructions carefully before completing. All questions should be answered. However, if you do not know the answer or if a question is not applicable, leave the question unanswered and fill out as much of the form as you can. Your complaint should be signed and dated. Where more than one individual or organization is filing the same complaint, and•all information is the same, each additional individual or organization should compieie boxes t and 7 of a separate complaint form and attach it to the original form. Complaints maybe presented in person or mailed to the HUD State Office covering the State where the complaint arose (see list on back of form), or any focal HUD Office, or to the Office of Fair Housing and Equal Opportunity, U.S. Department of HUD, Washington, D.C. 20410. 'T'itle seetion in for HUD use only. Number (Ctfeok the applicable box) JurisdtetloKk Signature of HUD personnel who asta?blial" Jurlediction Referral & Agency (spedfy) [] Yes [] No 1Fllirq ate [] Syabmk [] Additional Info Allll" Rsfetrtral 1. Name of Aggrieved Person or Organization (last name, fist name, middle initial) rs.,Mia,Ma.) Home Phone Ci4MAIL T?w•l?.. ?ol?r?.tn1.o "F',,'JeMp- . 'T I)Ai.. _ •• Street Address (city, county, State & zip code) 2. Against Whom is this Complaint being feed? (last name name, rnimis fniltlaq A M a A <.r,? I A-r <_ V v f,D T L, O Business In 412-1 Phone Number Street Add^Y" (atty.'txwnty, State & r1p code) .( b) m S _ /Ml) M AjPk->;'T S? -? be xmx l ll e i r1t 174 y 3 If you Name: 3. What did the person you are complaining against do? Check all that apply and give the most recent date these act(s) occurred in block No. 6a below. Refuse to rent, sell, ordeal with you Falsely deny housing was available Engage in blockbusting Discriminate in broker's services in financing Intimidated, interfered, or coenced you Discriminate in the conditions or I _J Advertise in a discriminatory way I j terms of sale, rental occupancy, or to keep you from the tug benefit of the in services or facilities kAso IV AM, yIfMN ,te AAct e #4449k'ra )6"t ?Fed€tr?) r Pry e,4 JQ/ j? XJAther(explain).AaA()? T).e.__.., j _O fY1 n r me ?-,-? Pr. -4 (1nn?^?- S/,o j &1 ft l m e 0 ag because of your race, color, religion, sex, handicap, the preserE-e of children under 18, ore pregnant female a. Do you believe that you were discriminated st in the family or your national origin? Check all that apply. CRace or color j 17 Religion []Sex Handicap I Familial Status [] National Origin Black I (specify) OMafe Physical F] Presence ofchildrert il f Hispanic American Other White I 7I Female Mental y am under 18 in the Asian or Indian or (sPecry ? Other [],Pregnant female Pacific Alaskan -A r- 1 Ant i Islander Native 5. What kind of house or property was involved? I Did the owner live there? i Is the house or property What is the address of the house or property? Single-family house i Ryea or 4 families No A house or building for 2 3 j Being sold? I Being rented? (street, city, county, State & zip code) 8 ?63' j J1? wj ?LOrLI l? CO u&T , , ? 17 A building for 5 families or more i LJ Unknown 171/ I I FVJ Other, including vacant land held to ) ICs residential use(explain rl 6. Summarize in your own words whath1ppened.U this space for a brief and concise statement of the facts. Additional details may be submitted on an attachment. Note: HUD will furnish a copy of the complaint to the person or organization against whom the complaint is made. T4- A?Tjf kv-e-t ewt--ft4c( IN-re A bwsiveS_ AYP,4,v e I?GR?{?t-e-G r cv-'yh FM B. 71ttrots,c Comrsou'r •t A SQcVo a bw Utof Ch., Ti% d x o f Tk A"e'e rain'r Wkm'QY A6U1.1&jJ g0Jvfe1scd o i4 Tua(9'"' ,,r , Aria kv4w77,t4,rne,4•-' kt IrS' ,?qK _ --IY?xTNn1Ws? Awd vAIAak t'o clt?«ore[r lari? ,esf ?eg Y S -•-•-? • •???..."itv of ncriurv that I have read this omplaint (including j V!^/YkRI'TI'%_o t .t" a Py, 6a. When aid theact($)checked in I;err occur? (Include the most recent dale several dates are involved) 1/10/,? 0 6 wvte OA if. j r- , A-' /1*1 ejal" 1 , the s box or boxne whildt 4 A 811 the palit named above: Alder Owner Broker Stltlesperaon Supt or Manager Bank or Other Lender Other named an Individual above who appeared to be acting for a COrfpany in this case, check mis box DD and write ire name and address of the company in this space: 17 Docket No. . (For Office Use) Questionnaire on the incident you are complaining about. Houma Is= ----fig Your Name) Address State city _ Zip Code I ?NI A Y?rJl3 f37 (w) i 9?3 0/67 Telephone No. (k) ' *You must keep the Commission notified of any change in your address. Name and address -of person who will know how to contact you and who does not reside in your home. Name Address City iM State "S fK Zip Code s M I '1) 7 ?i I ?11 Telephone No. (h) (7)___7) ? /-14w)( --r ?I __1 Name of Person or Organization your complaint is against. Name f V 4I_`?s S 'E% Address City Air Type of Business State Zip Code 17-010 -YA-- County d ( im ]a %z 414 &V Telephone No. l•- ) Number of units owned or mana-ged by above. Please check one. Less than 2 2 to 14 15-100_ 101-200 201-500 500 plus Unknown In this Questionnaire, you will see the word "class" mentioned. Class means the person's race, sex, age, ancestry, religion and so on. Depending on the issues in the complaint, you may belong to two or more classes. For example, a Black female could belong to two classes: race/Black and sex/female. A White male could belong to race/White and sex/male. All persons named in the complaint or questionnaire should be identified by their class as follows: John Doe (White male), John Doe (under age 40), Jane Doe (Black female). For example; if your complaint is based on race, include the race of all persons mentioned. If it is a sex complaint, mention the sex of all persons mentioned. Which of the following do you feel was the reason(s) for your being treated adversely by the person or; organization you are filing against. *Please indicate your class, i.e. race/Black, sex/male, etc. for each class you feel was a factor in discrimination. Race Age Color Religious Creed Familial Status* Ancestry * One or more individuals under 18 housed by parent or p son with legal custody or pregnant. Number of Children Under age 18 Pregnancy/birth of child Not Accessible Handicap or Disability National Origin rw-rv) -X-O L Sex Retaliation Association with someone with a disability Trainer/Handler/User of support animal 2 2 Please explain what happened to you and why you feel you were treated differently. In other words, what happened to persons of a different class that makes you feel they received more favorable treatment than you. (Include dates of occurrences) L?-SL kA* erW*Ag4'e.S' Awds? /rid s tt-- Af ? A? liar 5ec j iv .We h lye 3. 4. (Use reverse side for additional information) 7,eA/ How was your class a factor in your treatment? _1ha'i,. t -CC, '/fry X_ Lq? _J It A- 11"WIL, Do you ltnow of others in your ?cfasj s who have received the same or similar treatment? Please give names, addresses and telephone numbers: Name Name Address Address Telephone ( ) Telephone ( ) 3 5. Do you know of others treated different]y under the same or similar conditicol?s Please indicate their names, addresses, telephone number ,and cis. Name Name Address Address Telephone ( ) Telephone ( ) Classy 5 Class 5 A. How were they treated differently? A-1: T#E T gk!f 011 ;W L V/ , ???7iD ?y l5` lui??[?je r iJ &* r d.h c 6o mart vxke47twA It-MAAAe)r ro RyVi4W - WhArtS W w AWt TO • 6. Do you have any- documents, (such as recei ts; letters, applications), to back up what you are saying? r Yes ?- No If yes, please attach copies. 7. Do you have any witnesses to this treatment? If yes, please list their names, addresses, telephone numbers, class and what they will say. Name Name _ Address Address Telephone Telephone ( ) Class Class 4 g, What do you hope to achieve by filing N-our complaint? i 4 9. Other relevant complaint? 10. Have you filed a complaint based on the same information with any other agency or Commission? If so, please list and date(s) of contact. Ixf Hcx 2 11. Is an attorney representing you in this matter? If so, please provide the name, address and telephone number._ /v o, e v. the Commission to review pertaining to this Docket No. (For Once L's SPECIFIC INFORMATION---HOUSING 00/ Name SS Number Tele.(h)( ) (w) ( ) Birth Date Spouse's Name SS Number Tele.(h)( ) (w) ( ) Birth Date FAMILY COMPOSITION No. of Adults fif'- No. and Kind of Pets No. of Children No. of Children residing with you to be housed in unit sought Ages of (above) Children to be housed EMPLOYMENT Employer d t Address G Position Name of Supervisor Spouse's Employer Address Position Date of Hire Date of Hire 6 /y Phone Marne of Supervisor PRESENT HOUSING Own Rent (Check One) ??--- Owner: Date Purchased % Equity Current Monthly Mortgage: Renter: Landlord/Lady: Telephone Address: Amount of Monthly Rent: Are the Utilities Included in the rent? If yes, please 71istsencluded: Type of Lease: Which? 'r` (Yearly, Monthly/Written, Oral) Mileage from present residence to work: Complainant Spouse- FINANCIAL POSITION: (Use Monthly Figures) INCOME DEBTS J? Gross Salary/Wagest (Before Taxes are taout) Personal Loans: _ Complainant: (Such as Credit Spouse: Cards) Average Overtime, Bonuses Auto Loans: and Commissions: Complainant: Spouse: Mortgage Loam J14- /Mo. /Mo. /Mo. /Mo. /Mo. /Mo. 7 Interest, Dividends: Complainant: Spouse: _ Child Support: Child Care: Other Income (Specify): U _ TOTAL INCOME: /Mo. /Mo. /Mo. /Mo. /Mo. /Mo. TOTAL DEBTS: /Mo. If Complaint Concerns Sales or Mortgage Lending: Available Assets Savings Account: $ Checking Account: $ Liquidatable Stocks, Bonds, etc.: $ Others (Specify): I hereby verify that the statements contained in this questionnaire are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904, relating to unsworn falsification to authorities. -7//3/d -? Signature X Y 8 /V/)* AMB ASSOCIATES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1659 CIVIL RELIABLE TEMPS, INC. Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 13th day of July, 2006, upon consideration of the Defendant's Motion for Continuance of the hearing scheduled for July 14, 2006 at 1:30 p.m., IT IS ORDERED AND DIRECTED that the Motion is DENIED. By the Court, ,?\\ --? f-?Av - M. L. Ebert, Jr., J. David Lanza, Esquire Attorney for Plaintiff Simon Tran, Pro Se ,yy 4,,,0? 7_13-6(. Defendant ^ bas (`?I?' .: r,?} t C ! 7 ,'' t d" ?;1 ? a t: ?- ? ' ??i'; l,i' " -I AMB Associates, Plaintiff V RELIABLE TEMPS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-1659 CIVIL TERM IN RE: PETITION TO STRIKE JUDGEMENT ORDER OF COURT AND NOW, this 14th day of July, 2006, the parties having appeared for hearing in this particular case, and the Court having reviewed the record to include the lease in question, and the defendant having provided no further evidence in the matter, IT IS HEREBY ORDERED that the petition to strike judgment is denied. By the Court, L. Ebert, Jr., avid J. Lanza, Esquire For the Plaintiff Reliable Temps ,/5imon Tran 671 Willow Street Lemoyne, Pa. 17043 :mtf \?o O Ifi? ;, ?? ?1 is 10% PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS; P.R.C.P. 3101 to 3149 Etc. AMB ASSOCIATES. vs. RELIABLE TEMPS. INC vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Writ No. _ Term, 20 No. 1659 Term 20 06 Amount Due __ $_.23,109.74 Interest From December 1, 2005 Attorney's Com. --- Costs 19.50 170 THE PROTHONOTARY OF SAID COURT: Please issue WRIT OF EXECUTION in the above matter, 11) Directed to the Sheriff of Cumberland County, Pennsylvania; 12) Against RELIABLE TEMPS. INC 671 Willow Street, Lemoyne PA 17043 Defendant (s); (3) and against- Commerce Bank NA, 65 Ashland Avenue, Carlisle PA 17013, Garnish -e- (s); (4) and index this writ (a) against RELIABLE TEMPS. INC 671 Willow Street, Lemoyne PA 17043 Defendant (s); and (b) against Commerce Bank NA, 65 Ashland Avenue, Carlisle, PA 17013 Garnishee (s), its a lis pendens against the real property of the Defendant (s) in the name of the Garnishee (s) as fol lows: i Specifically describe property) Levy upon, attach and sell all personal property of the Defendant, Reliable Temps, Inc., including all furniture, household goods, appliances, equipment, computers, telephone equipment, file cabinets, accounts receivables, office supplies and other moveable personalty situate at 671 Willot7 Street, Lemoyne, PA 17043 and all accounts or other property in the possession or control of Commerce Bank, NA, including the branch ofce at 65 Ashland Avenue, Carlisle, PA 17011. 15) Exemption has (not) been waived. Date: ?A6 ?/-'n Attorne) for PlairtiIf 13216-87 NOTE Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule.3103(b), the county should be ndicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of thr county in which issued. Paragraph (3) above should be completed only if a named garnishee is to be included in the writ. Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance. i; desired as authorized by Rule 104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See kt le 3104(b). Paragraph 4 (b) should be completed only if real property in the name of a garnishee is attached and indexin as a bs pendens is desired. See Rule 3104(c). 40,01. 1 \ V - ti WRIT OF EXECUTION and/or ATTACHMENT r f ft COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMB ASSOCIATES, Plaintiff (s) From RELIABLE TEMPS, INC., 671 WILLOW STREET, LEMOYNE, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ATTACH AND SELL ALL PERSONAL PROPERTY OF THE DEFENDANT, RELIABLE TEMPS, INC., INCLUDING ALL FURNITURE, HOUSEHOLD GOODS, APPLIANCES, EQUIPMENT, COMPUTERS, TELEPHONE EQUIPMENT, FILE CABINETS, ACCOUNTS RECEIVABLES, OFFICE SUPPLIES AND OTHER MOVEABLE PERSONALTY SITUATE AT 671 WILLOW STREET, LEMOYNE, PA 17043. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ALL ACCOUNTS OR OTHER PROPERTY IN THE POSSESSION OR CONTROL OF COMMERCE BANK, NA INCLUDING THE BRANCH OFFICE AT 65 ASHLAND AVENUE, CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $23,109.74 L.L. $.50 Interest DECEMBER 1, 2005 Atty's Comm % Atty Paid $79.97 Plaintiff Paid Due Prothy $1.00 Other Costs Date: NOVEMBER 27, 2006 (Seal) REQUESTING PARTY: Name DAVID J. LANZA, ESQUIRE Address: 2157 MARKET STREET NO 06-1659 Civil CIVIL ACTION - LAW Curt' R. Long, P onot By: Deputy CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-730-3775 Supreme Court ID No. 55782 we WRIT OF EXECUTION and/or ATTACHMENT i, _ , r COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1659 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMB ASSOCIATES, Plaintiff (s) From RELIABLE TEMPS, INC., 671 WILLOW STREET, LEMOYNE, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ATTACH AND SELL ALL PERSONAL PROPERTY OF THE DEFENDANT, RELIABLE TEMPS, INC., INCLUDING ALL FURNITURE, HOUSEHOLD GOODS, APPLIANCES, EQUIPMENT, COMPUTERS, TELEPHONE EQUIPMENT, FILE CABINETS, ACCOUNTS RECEIVABLES, OFFICE SUPPLIES AND OTHER MOVEABLE PERSONALTY SITUATE AT 671 WILLOW STREET, LEMOYNE, PA 17043. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ALL ACCOUNTS OR OTHER PROPERTY IN THE POSSESSION OR CONTROL OF COMMERCE BANK, NA INCLUDING THE BRANCH OFFICE AT 65 ASHLAND AVENUE, CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $23,109.74 Interest DECEMBER 1, 2005 Atty's Comm % Atty Paid $79.97 Plaintiff Paid Date: NOVEMBER 27, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs D CurtA R. Long, onota By: Deputy REQUESTING PARTY: Name DAVID J. LANZA, ESQUIRE Address: 2157 MARKET STREET CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-730-3775 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Advance Costs: 150.00 Sheriff s Costs 91.42 Docketing 18.00 58.58 Poundage 1.80 Advertising Law Library .50 Prothonotary 1.00 Refunded to Atty on 10/24/07 Mileage 21.12 Misc. Surcharge 40.00 Levy Post Pone Sale Certified Mail Postage Garnishee 9.00 TOTAL 91.42 ? lz f o -5) o j So Answers, F Q, R. Thomas Kline, By "St