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HomeMy WebLinkAbout02-1862GIANT FOOD STORES, LLC, Plaintiff V. PAUL W. GETTEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE 'YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 717-24%3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 717-249-3166 Dated: McNEES WALLACE & NURICK LLC BYKimberly~M. ~%lon~a I.D. No. 80362 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 Attorneys for Plaintiff Giant Food Stores, LLC GIANT FOOD STORES, LLC, Plaintiff V. PAUL W. GETTEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ACTION IN EJECTMENT COMPLAINT Giant Food Stores, LLC, by its attorneys, McNces Wallace & Nurick LLC, hereby files this Complaint against Defendant, Paul W. Gettel, and avers the following: 1. Plaintiff, Giant Food Stores, LLC, is the successor by merger to Giant Food Stores, Inc. ("Giant") and is a limited liability company organized and existing under the laws of the State of Delaware with a principal place of business at 1149 Harrisburg Pike, P.O. Box 249, Carlisle, Cumberland County, Pennsylvania 17013-0249. 2. Defendant Paul W. Gettcl ("Defendant") is an adult individual with a business address of 1143 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 3. On October 15, 1998, Giant purchased from Defendant a parcel of property (the (Property") located in Middlesex Township, Cumberland County, Pennsylvania. A dccd reflecting Giant's ownership of thc Property is recorded in Cumberland County Deed Book 187, Page 288. 4. The Property consists of approximately 2.733 acres of real property and the rights, waterways, and privileges belonging thereto, together with all furnishings, fixtures, and equipment installed thereon. The Property is identified as Tax Parcel # 21-18-1363-063D and is described as 1143 Harrisburg Pike, Middlesex Township, Cumberland County, Peunsylvania. 5. On or about October 15, 1998, Giant and Gettel entered into a Lease (the "Lease") by which Giant, as Landlord, leased the Property to Defendant. A tree and correct copy of the Lease is attached hereto as Exhibit A. Count I: Ejectment 6. Paragraphs one (1) through five (5) are incorporated herein by reference. 7. The term of the Lease was "month to month ... but not exceeding a period of three (3) years" commencing on October 15, 1998. See Ex. A, ¶ 2. 8. The term of the Lease expired on October 14, 2001. 9. The Lease required Defendant to quit and surrender the Property at the expiration or earlier termination of the Lease. See Ex. A, ¶ 23. 10. On or about August 14, 2001, Giant served Defendant with a Notice to Quit stating that the term of the Lease would expire on October 14, 2001. A tree and correct copy of the Notice to Quit is attached hereto as Exhibit B. 11. Pursuant to the Notice, Defendant was instructed to vacate the Premises on October 14, 2001 and turn over possession of the Premises to Giant. See Ex. B. 12. Defendant has failed to quit and surrender the Property to Giant, and as of the filing of this Complaint, Defendant continues in possession of the Property. 13. Defendant's possession of the Property after the end of the Lease term is wrongful. 14. Because the term of the Lease has expired, Giant has the exclusive right to possession of the property. WHEREFORE, Giant requests that Defendant Paul W. Gettel be ejected from the Property and that Giant Food Stores, LLC be granted possession of the property. Count II: Action for Unpaid Rents Paragraphs one (1) through fourteen (14) above are incorporated herein by 15. reference. 16. The Lease obligated Defendant to make monthly rental payments of three thousand, five hundred dollars ($3,500.00) and the payments were due on the fifteenth of each month. See Ex. A, ¶ 4. All rent was due in advance and without demand, deduction, or set off. See Ex. 17. A,¶4. 18. The Lease also provided that a late charge of five percent (5%) would be applied to any rent payment that was no received within ten (10) days of its due date, and provided that the late charge constituted additional rent. See Ex. A, ¶ 5. Defendant made a partial rent payment of one thousand dollars ($1000.00) in 19. August 2001. 20. Defendant failed to make the rent payments due on June 15, 2001, July 15, 2001, and September 15, 2001. 21. the provisions of the Lease: As of the date of the filing of this complaint, the rents are due and owing under June 15th Rent $ 3500.00 June Late Charge $ 175.00 July 15th Rent $ 3500.00 July Late Charge $ 175.00 August 15th Rent $ 2500.00 August Late Charge $ 125.00 September 15th Rent $ 3500.00 September Late Charge $ 175.00 Total $13,650.00 22. Giant notified Defendant of the over due rents by certified letter dated January 28, 2002. A tree and correct copy of letter and retum receipt are attached hereto as Exhibit C. WHEREFORE, Giant requests that judgment be entered in its favor and against Defendant Paul W. Gettel in the amount of unpaid rents and additional rents, plus fees and costs of suit. Count III: Action for Damages for Continued Wrongful Possession Paragraphs one (1) through twenty-two (22) above are incorporated herein by 23. reference. 24. Since October 14, 2001, Defendant has continued in possession of the Property despite the termination of the Lease. 25. During the time that Defendant has wrongfully continued in possession of the Property, Defendant failed to pay Giant for his continued wrongful possession of the Property. 26. Since the termination of the Lease, Defendant has paid Giant only one thousand dollars ($1000.00) for his continued possession of the Property. 27. By continuing to possess the Property without making payments to Giant, Defendant has been unjustly enriched in the amount equal to the rents that Defendant should have paid to possess the property. 28. Defendant's continued wrongful possession of the Property has damaged Giant in that Giant has not received monthly rental payments on the Property. 29. Defendant's unjust enrichment and Giant's damages are calculated as follows: October 2001 Rent $ 3500.00 October 2001 Late Charge $ 175.00 November 2001 Rent $ 3500.00 November 2001 Late ChargeS 175.00 December 2001 Rent $ 3500.00 December 2001 Late Charge $ 175.00 January 2002 Rent $ 2500.00 January 2002 Late Charge $ 125.00 February 2002 Rent $ 3500.00 February2002 Late Charge $ 175.00 March 2002 Rent $ 3500.00 March 2002 Late Charge $ 175.00 April 2002 Rent $ 3500.00 April 2002 Late Charge $ 175.00 Total $ 24,675.00 5 WHEREFORE, Giant requests that judgment be against Defendant Paul W. Gettel and that Giant Food Stores, LLC be awarded compensatory damages for Defendant's wrongful possession of the property, plus interest and costs of suit. Dated: McNEES WALLACE & NURICK LLC ~~y M. Colonna. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5278 Attomeys for Plaintiff Giant Food Stores, LLC VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unswom falsification to authorities, I hereby certify that I am authorized to make this verification on behalf of Giant Food Stores, LLC, successor by merger to Giant Food Stores, Inc., that I have reviewed the foregoing and that the facts set forth therein are tree and correct to the best of my knowledge, information and belief. Date: i~_ ~2- 02_ GIANT FOOD STORES, LLC Jame'~ G. Alexander X,.~r of Real Estate GIigNT RERL ESTATE 0(~8 P03 OCT ~9 '81 1~:10 S. ~. ~ ~ (10) fi~ ~rc~t (5%} all ~o~~ au~ri~og (~e~= f~, s~te, looal ~Cton of the ~a~e ~hnt are ~t A040071 m ?1724W7595 GIANT REAL ESTATE ?. =ELT~2~. T~e ~re~isea shall he saF~e~byeleck=l~L=y, water, se~r, tel~ ~o~er ~=ili~ee p~ly a~l~le Co ~ ~rmmio~. Te~a~ ~X ~7 ~Or all m~h am~ ~d o~ ~ ~re~ea. L~or~ X~emisee. and t/mC are payable c~c~t o~ ~e t~, o~ ~r ~d tear al~ ~ted. w~La~ oonment shall not ]mi AO40G71~ - 2 - 717240'P595 GlUT REAL ESTATE 008 ~ OCT 29 '01 12:11 mhLll ~mply wi~h ~b?_ followL2~g: B, The al~e~&~iOa] 8z~ ~x=ur~. e~o., Shall be approved work. and e~]p'~ln, ~-is/ng out~ ~f IGy ~unage or L~Jur~, to ~r d~ath o~ an3r AO4OO~X, - 3 - 71724~595 GIP~T REAL ESTATE O~B P~G OCT 2~ '01 12:12 n~jligence o5 Landlord, rebu/ld o~ ~e~tna~e ~Ls Lease. If Ten~n~ sl&=~s to z~b~Lld, ~ the ~---ges A04OO?~ - 4 - ?172407595 GIANT R~AL ESTATE ~ P07 O~T 29 '01 12:12 LM~lord, which may be w4.,~e14 present ~ fu~e ~s or o=~ se~ ~t~ of ~o~ ~i~md upon ~ ack--la ~m~n~ ~r~t. ~d ~n f-~ ~ use of c~l~ pr~e~s s~11 be o~E~ll~ ~ ~e t~ ~zeo~. ?172~B~595 GIANT REAL ESTATE OCT ~ '~1 12:13 not reoei~d ~er ~e ~ace ~r~. I~ ~.~1~ ~G-~s ~ n~ium have ~he following (a) Landlo~:d ma7 =erminate thio LeaSe and anm~ *~e ~40071t - G - ?17248~595 G I ANT REAL ESTFITE 008 PB9 OCT 29 'Bi 1~:14 1~, ~-~ i~ #131 ~ ~0 Ce~to the t~a-~ ~~. ~1 ~t/~o o~ o~ dee~d ~v~ wh~ ~C~o p~ld, xet~ · _~soe8 BeC O~C Gl~l~C ~00~ *q~o~es, Inc. · .0. ~ 24,9 O&xl£olm, PA 15013-0249 Paul W. 1143 w-~i~ma~g Carlisle, '71724W'~595 GIANT REAL ESTATE ~ P10 OCT 29 '01 12:14 7172407595 GIANT REAL ESTATE 434 P04 MAR 28 '02 16:25 GIANT FOOd Stores, LLC P-O- Box 249 1149 Hm'risbur~ Pike Carlisle, Permsylvania 17013-02'F) ^hold USA Company Oizm F~x'l Sm,~e~. LLC C~eram. of Giant Food Martin's Fc~.",d Markets James G. Alexander Director of Real Estate Direct Dial (717) 245-7448 Facsimile (717) 240-7595 August 14, 2001 Paul W. Gettel 1143 Harrisburg Pike Carlisle, PA 17013 Certified Mail ~,7099 3220 0009 1565 9023 Re: Cars by Gettel Property Harrisburg Pike Dear Mr. Gettel: I am wrfdng to notify you that in accordance with our Lease dated October 15, 1998, the term of the Lease will expire on October 14, 2001. At that time, you are required to vacate the property and turn possession over to Giant. Should you have any questions you may call me at (717) 245-7448. es G. Alexander/ Cc: Deb Alleman II Plaintiffis hereby notified to plead to the new matter within 20 days of service. ~ IN THE COURT OF COMMON PLEAS Giant Food Stores, LLC, CUMBERLAND COUNTY, PA. Plaintiff CIVIL ACTION-LAW V. NO. 02-1862 Paul W. Gettel, Defendant ANSWER TO COMPLAINT And now comes the Defendant and answers as follows: 4. 5. 6. 7. $. 9. 10. The averments ofpara~aph one are denied and proof demanded. Denied, Cars by Gettel Inc is a tenant and maintains a place of business at ~he stated address, not Defendant. Denied as stated and proof demanded. Admitted Denied as stated and proof demanded The answers to paragraph 1 flu'ough 5 are incorporated herein. Denied as stated, the lease expired prior to J~me 15t~ 2001 · The terms of the lease speak for lhe~nselves and are nei~h~ admired nor denied Denied as stated and proof demanded Denied as stated and proof demanded 11. 12. 13. 14. 15. 16. 17. Denied as stated and proof demanded The avo'ments of paragraph 12 Are conclusions of law to whioh no response is needed, said averment are however denied. The averments of paragraph 13 Are conclusions of law to which no response is needed, said averment m~e however denied The av~me~lts of paragraph 14 Are conclusions of law to which no response is needed, said averments are denied. The answers to paragraph I lhrough 14 m'e incorporated herein The ave~iients ofparagraph 13 Are conclusions of law to which no response is needed, said av~ment are however denied Denied as stated and proof demanded demanded. The averments are conclusions of law and proof demanded 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Denied as stated and proof demanded. Denied as stated and proof demanded. Denied as stated and proof demanded demanded AdmiRed in part and dmied in part, it is admitted that as of the date of the filing of the complaint a claim of rent in the amount of 13,650 is made it is denied that the rent is due and owing. Denied as stated, said notice was not received by Defendant The answers to paragraph 1-22 are incorporated herein by reference. The averments are conclusions of law which need no response however the av~aients are denied, Defendant is not in possession of the property. The av~ients are conclusions of law which need no response however the av~iients are denied, Defendant is in possession of the property. Denied as stated and proof demanded. The averments of paragraph 27 Are conclusions of law to which no response is needed, said av~a~ient are however denied The averments are conclusions of law which need no response however the averments are denied, Defendant is not in possession of the property The avviments are conclusions of law which need no response however the avvsments are denied, Defendant is not in possession of the property 30. Plaintiffknew or should have known that possession of the premises is and has been with cars by Gattel, Lac 30. Plaintiff knew and had contractual agreements to have Cars by Gettle, Lac. perform services on their automotive fleet. 31. Plaintiffwrongfully discontinued using the services of Cars by Gettel, Inc, knowing that bY so doing, said company would be unable to continue paying rent. Said discontinuance was by design, wrongful and tortuous interforence. 32. As such Plaintiffhas unclean hands and its claim for equitable relief should be dismissed. Wherefore, Defendant request that this matter be dismissed for failure to join an indispensable party and that Defendant be awarded costs Verification I hereby cextify that the facts se~ forth ar~ true and ~rrect to the best of my knowledge,, inf~aiation ~md Paul W. Gettel Fro Se. Affidavit of service I Paul W. Gettel hereby affirm that the ~mswer was served on the Plaintiffby depositing the s~ne in tl~ U.S. Mail. by depositing the same in the mail postage prepaid addressed to Kimberly M Colonna P.O. Box 1166 Harrisburg, Pa. 17108 Paul W. G-ettl~L-' GIANT FOOD STORES, LLC, Plaintiff V. PAUL W. GETTEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1862 : PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Giant Foo~t Stores, LLC, by its attorneys, McNees Wallace & Nurick LLC, hereby files this reply to the New Matter asserted by Defendant: 30. Admitted in part and denied as stated. Giant Food Stores, LLC ("Giant") admits that Cars By Gettel, Inc. has been using the property to conduct it business, but Giant denies any implication that Cars By Gettel, Inc. leases the property from Giant. By way of further answer, Cars By Gettel, Inc.'s interest exists by way of a sublease from Paul W. Gettel. 30. [sic] Denied. Giant denies that it had any contractual agreement to have "Cars by Gettle, Inc." perform services on it automotive fleet. 31. Denied. Giant denies that it wrongfully discontinued using the services of Cars By Gettel, Inc. and denies that its discontinuance of Cars By Gettel Inc.'s services was "wrongful or tortuous." By way of further answer, the rent owed under the lease is owed by Defendant, and any sublease with Cars By Gettel, Inc. does not relieve Defendant of his obligation to pay make the rent payments. 32. Denied. The averments of the paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed necessary, Giant denies the averments. WHEREFORE, Giant requests that judgment be against Defendant Paul W. Gettel and that Giant Food Stores, LLC be awarded unpaid rents and compensatory damages for Defendant's wrongful possession of the property, plus interest and costs of suit. McNEES WALLACE & NURICK LLC By · Colonna. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5278 Attorneys for Plaintiff Giant Food Stores, LLC Dated: May o21,2002 2 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unswom falsification to authorities, I hereby certify that I am authorized to make this verification on behalf of Giant Food Stores, LLC, successor by merger to Giant Food Stores, Inc., that I have reviewed the foregoing and that the facts set forth therein are true and correct to the best of my knowledge, information and belief. GIANT FOOD STORES, LLC Date: (~ Jar~s G. Alexander ~tor of Real Estate CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy of the foregoing was served by first class United States mail upon the following: Paul W. Gettel 1143 Harrisburg Pike Carlisle, PA 17013 (Pro Se Defendant) Kim~berly 1~I. Colonna - Date: May 21, 2002 SHERIFF'S RETURN - CASE NO: 2002-01862 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GIANT FOOD STORES LLC VS GETTEL PAUL W REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GETTEL PAUL W the DEFENDANT , at 0946:00 HOURS, on the 26th day of April at 1143 HARRISBURG PIKE 2002 CARLISLE, PA 17013 PAUL GETTEL a true and attested copy of COMPLAINT by handing to & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /~3' day of ~h~_~, ~z3 ~ A.D. · ~rothonotary ' So Answers: R. Thomas Kline 04/29/2002 MCNEES WALLACE NURICK By: Deputy Sheri f/f Plaintiff is hereby notified to plead to the new matter within 20 days of service. IN THE COURT OF COMMON PLEAS Giant Food Stores, LLC, CUMBERLAND COUNTY, PA. Plaintiff CIVIL ACTION-LAW NO. 02-1862 Dated: Paul W. Gettel, Defendant Reply to Request for Admissions And now comes the Defendant and Replies to Request for Admission: 1. The av~ents of paragraph one are admitted 2. Denied, Cars by Gettel Inc is a tenant and maintains a place of business at the stated address, not defendant 3. Denied, Cars by Gettel Inc is a tenant and maintains a place of business at the stated address, not Defendant 4. Admitted 5. Denied as stated and proof demanded 6. Admitted in part. 7. Admitted in part $. . Denied 9. Denied as slated and proof demanded 10. D~nied as stated and proof demanded 11. Denied as stated and proof demanded. V~rifi~ti~ I here~y ~fify that tho facts s~ f~ ~ tru~ and c.~rozt to 1/fful W. Ge~el Pro Se. Affidavit of service I Paul W. C~ttel hereby alTmn that the answer to requests for admissions was served on the Plaintiffby depositing the same in the U.S. Mail. by depositing lhe same in the mail postage prepaid addressed to Kimberly M Colonna P.O. Bo~ 1166 Han'isburg, Pa. 17108 Paul W. Gettel Plaintiff is hereby notified to plead to the new matter within 20 days of service. IN THE COURT OF COMMON PLEAS Giant Food Stores, LLC, CUMBERLAND COUNTY, PA. Plaintiff CIVIL ACTION-LAW NO. 02-1862 Paul W. Gettel, Defendant Answers to Interrogateries And now comes the Defendant and Answers 2. 3. 4. 9. One Paul Gettel Paul Gettel None As a result of discussion with employees of Giant and Real estate Agent The lease was month to month and expired in May due to Giants wrongful termination of business with Cars by Gettel Inc. without cause intanding to starve the company of fund with which to pay rent. Verbal agreeanant a course of dealings over past 5 years or more See answer to 4. None. Defea~dant objects to this request as burdensome and request a legal conclusion. eanployee tells us one thing another tells us another conflicting stories and lies. 10 Paul Gettel and all Employees of Cars by Gettel Inc and Cars by Gettel body shop Inc. Dated: Pnul W. Gettel, Pro se Verification I hereby certify that the facts set forth are true ~md correct to the best of my knowledge, information and belief. I Paul W. Gettel hereby affirm that the answer s to Interrogatories was served on the Plaintiffby depositing the same in the U.S. Mail. by depositing the same in the mail postage prepaid addressed to Kimberly M Colonna P.O. Box 1166 Harrisburg, Pa. 17108 Plaintiff is hereby notified to plead to the new matter within 20 days of service. IN THE COURT OF COMMON PLEAS Gimqt Food Stores, LLC, CUMBERLAND COUNTY, PA. Plaintiff CIVIL ACTION-LAW V. NO. 02-1862 Paul W. Gettel, Defendant Reply to Request for Production of Documents And now comes the Defendant and Replies; Plainfiffhas all leases Cars by Gettel Ine is a tenant as a result of business praetie~ and verbal l~se and course of dealing, as only tenant who rented building Defendant objeots to this request as burdmsome and not relevant, any relevant documents will be produced at trial. Defendant objects to this request as burdensome and not r~lcvant, any relovant documents will be produced at l~ial. Defendant objects to this request as burdensome and not relevant, any relevant documents will be produced at trial Defendant objects to this roquest as burdensome and not r~lwfant, any relevant doo~ment will be produced at trial. D~fendant objects to this request as burdensome mad not relevant, any relevant documents will be 9. 10. Defendant objects to this request as burdensome and not relevant, any relevant documents will be produced at Irial. Defendant objects to this request as burdensome and not relevant, any relevant documents will be produced at trial. Defendant objects to this request as burdensome and not relevant, any relevant doct~ents will be produ~l at a-iai Paul W. Gettel, Pro se Dated: Verification I hereby certify that th~ facts set forth ar~ true and correct to th~ best of my knowledge, information and b~lief. a~ul~W. Gettel Pro Se. Affidavit of service I Paul W. Gettel hereby affirm that the answe~ to requests for productkm wns served on the Phintiffby depositing the same in the U.S. Mail. by depositing the same in the mail postage prepaid addressed to Kimberly M Colonnn P.O. Box 1166 Harrisburg, Pa. 17108 GIANT FOOD STORES, LLC, Plaintiff V. PAUL W. GETTEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : ACTION IN EJECTMENT : : NO. 02-1862 : PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT Giant Food Stores, LLC ("Giant"), by its attorneys, McNees Wallace & Nurick LLC, hereby petitions the Court for leave to amend its complaint to join Cars By Gettel, Inc. and Cars By Gettel Body Shop, Inc. as defendants in this action and to aver claims against them. In support of its Motion, Giant avers the following: 1. Giant instituted this action in ejectment against Defendant Paul W. Gettel ("Gettel") by Complaint filed on April 14, 2002. 2. The Complaint averred that Giant had leased the premises located at 1143 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013 (the "Premises") to Gettel. 3. The Complaint further averred that Gettel had failed to make the required lease payments and had wrongfully retained possession of the Premises. 4. The Complaint sought to eject Gettel from the Premises, to collect the unpaid rents, and to recover damages for Gettel's wrongful possession of the Premises. 5. Gettel answered the Complaint on May 10, 2002. 6. In his answer, Gettel asserted that Cars By Gettel, Inc. is a tenant on the Premises that maintains a place of business on the Premises. See Answer, ~[ 2, 30. 7. The corporate records on file with the Pennsylvania Department of State show that two corporations, Cars By Gettel, Inc. and Cars By Gettel Body Shop, Inc., list the Premises as the address of their businesses. 8. Upon infonnation and belief, Cars By Gettel, Inc. and Cars By Gettel Body Shop, Inc. have subleased all or a portion of the Premises from Gettel and are, therefore, in possession of all or part of the Premises. 9. As entities in possession of the Premises, Cars By Gettel, Inc. and Cars By Gettel Body Shop, Inc. have interests that are adverse to the interests of Plaintiff. 10. In an action to adjudicate title to or an interest in real or personal property, any person whose claim is adverse to that of the plaintiff may be joined as a defendant. Pa. R. Civ. P. 2229(e)(2). 11. In an ejectment action, persons in actual possession of the property are indispensable parties. Bannard v. New York State Nat. Gas Corp., 172 A.2d 306 (Pa. 1961). 12. Cars By Gettel, Inc. and Cars By Gettel Body Shop, Inc. should be joined as defendants to this action. 13. Amendments of pleadings are liberally permitted. Flora v. Moses, 727 A.2d 596 (Pa. Super. 1999). 14. Giant should be permitted to amend its complaint to assert claims against these entities who are in possession of the Premises. 15. If Giant's Motion for Leave to Amend the Complaint were to be filed, Giant would file and serve on Defendants an Amended Complaint substantially in the form of the Proposed Amended Complaint attached hereto as Exhibit A. 16. No party will suffer prejudice from the joining of the parties in possession and no party will suffer prejudice from the amendment of the Complaint. 17. Although Gettel is not represented by counsel, Giant sought his concurrence in this motion, but Gettel did not respond to the request for concurrence. WHEREFORE, Giant requests that it be granted leave to amend its Complaint to add claims against Cars By Gettel, Inc. and Cars By Gettel Body Shop, Inc McNEES WALLACE & NLrRICK LLC By Kimbefly M. Colonna. Attomey I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5278 Attorneys for Plaintiff Giant Food Stores, LLC Dated: August 6, 2002 3 Exhibit A GIANT FOOD STORES, LLC, Plaintiff V. PAUL W. GETTEL, CARS BY GETTEL, INC. and CARS BY GETTEL BODY SHOP, INC. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ACTION IN EJECTMENT : : NO. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 717-249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 717-249-3166 Dated: McNEES WALLACE & ~K LLC Kimberly M. Colonna I.D. No. 80362 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 Attorneys for Plaintiff Giant Food Stores, LLC GIANT FOOD STORES, LLC, Plaintiff PAUL W. GETTEL, CARS BY GETTEL, INC. and CARS BY GETTEL BODY SHOP, INC. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ACTION IN EJECTMENT : NO. COMPLAINT Giant Food Stores, LLC, by its attorneys, McNees Wallace & Nurick LLC, hereby files this Complaint against Defendants, Paul W. Gcttel, Cars By Gcttel, Inc. and Cars By Gcttel Body Shop, Inc. and avers the following: 1. Plaintiff, Giant Food Stores, LLC, is the successor by merger to Giant Food Stores, Inc. ("Giant") and is a limited liability company organized and existing under the laws of thc State of Delaware with a principal place of business at 1149 Harrisburg Pike, P.O. Box 249, Carlisle, Cumberland County, Pennsylvania 17013-0249. 2. Defendant Paul W. Gettel ("Gettel") is an adult individual with a business address of 1143 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant Cars By Gettel, Inc. is a Pennsylvania corporation that with a registered corporate address of 1143 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 4. Defendant Cars By Gettel Body Shop, Inc. is a Pennsylvania corporation with a registered corporate address of 1143 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 5. On October 15, 1998, Giant purchased from Gettel a parcel of property (the ("Property") located in Middlesex Township, Cumberland County, Pennsylvania. A deed reflecting Giant's ownership of the Property is recorded in Cumberland County Deed Book 187, Page 288. 6. The Property consists of approximately 2.733 acres of real property and the rights, waterways, and privileges belonging thereto, together with all furnishings, fixtures, and equipment installed thereon. The Property is identified as Tax Parcel # 21-18-1363-063D and is described as 1143 Harrisburg Pike, Middlesex Township, Cumberland County, Pennsylvania. 7. On or about October 15, 1998, Giant and Gettel entered into a Lease (the "Lease") by which Giant, as Landlord, leased the Property to Gettel. A true and correct copy of the Lease is attached hereto as Exhibit A. 8. Upon information and belief, Gettel subleased all or a portion of the premises to Cars By Gettel, Inc. and Cars By Gettel Body Shop, Inc., who, upon information and belief, now have possession of all or part of the Property. Count I: Ejeetment 9. Paragraphs one (1) through eight (8) are incorporated herein by reference. 10. The term of the Lease was "month to month ... but not exceeding a period of three (3) years" commencing on October 15, 1998. See Ex. A, ¶ 2. 11. The term of the Lease expired on October 14, 2001. 12. The Lease required Defendants to quit and surrender the Property at the expiration or earlier termination of the Lease. See Ex. A, ¶ 23. 13. On or about August 14, 2001, Giant served Defendants with a Notice to Quit stating that the term of the Lease would expire on October 14, 2001. A tree and correct copy of the Notice to Quit is attached hereto as Exhibit B. 14. The Notice instructed Defendants to vacate the Premises on October 14, 2001 and turn over possession of the Premises to Giant. See Ex. B. 15. 16. Property. Defendants have failed to quit and surrender the Property to Giant. As of the filing of this Complaint, Defendants continue in possession of the 17. efendants possession of the Property after the end of the term of Gettel's Lease D ' · is wrongful. 18. Because the term of the Lease has expired, Giant has the exclusive right to possession of the property. WHEREFORE, Giant requests that Defendants be ejected from the Property and that Giant Food Stores, LLC be granted possession of the property. Count II: Action for Unpaid Rents 19. reference. Paragraphs one (1) through eighteen (18) above are incorporated herein by 20. The Lease obligated Gettel to make monthly rental payments of three thousand, five htmdred dollars ($3,500.00) and the payments were due on the fifteenth of each month. See Ex. A, ¶4. 21. All rent was due in advance and without demand, deduction, or set off. See Ex. A,¶4. 22. The Lease also provided that a late charge of five percent (5%) would be applied to any rent payment that was no received within ten (10) days of its due date, and provided that the Pate charge constituted additional rent. See Ex. A, ¶ 5. 23. A partial rent payment of one thousand dollars ($1000.00) was made in August 2001. 24. No rent payment were made on June 15, 2001, July 15, 2001, and September 15, 2001. 25. The rents are due and owing under the provisions of the Lease are as follows: June 15th Rent $ 3500.00 June Late Charge $ 175.00 July 15th Rent $ 3500.00 July Late Charge $ 175.00 August 15th Rent $ 2500.00 August Late Charge $ 125.00 September 15th Rent $ 3500.00 September Late Charge $ 175.00 Total $13,650.00 26. Giant notified Gettel of the over due rents by certified letter dated January 28, 2002. A true and correct copy of letter and return receipt are attached hereto as Exhibit C. WHEREFORE, Giant requests that judgment be entered in its favor and against Paul W. Gettel in the amount of unpaid rents and additional rents, plus fees and costs of suit. Count III: Action for Damages for Continued Wrongful Possession 27. reference. Paragraphs one (1) through twenty-six (26) above are incorporated herein by 28. Since October 14, 2001, Defendants have continued in possession of the Property despite the termination of the Lease. 29. During the time that Defendants have wrongfully continued in possession of the Property, Defendants have failed to pay Giant for the continued wrongful possession of the Property. 30. Since the termination of the Lease, Defendants have paid Giant only one thousand dollars ($1000.00) for their continued possession of the Property. 31. By continuing to possess the Property without making payments to Giant, Defendants have been unjustly enriched in the amount equal to the rents that Defendants should have paid to possess the property. 32. Defendants' continued wrongful possession of the Property has damaged Giant in that Giant has not received monthly rental payments on the Property. 33. As of the date of the filing of this action, Defendants' unjust enrichment and Giant's damages were as follows: October 2001 Rent $ 3500.00 October 2001 Late Charge $ 175.00 November 2001 Rent $ 3500.00 November 2001 Late ChargeS 175.00 December 2001 Rent $ 3500.00 December 2001 Late Charge $ 175.00 January 2002 Rent $ 2500.00 January 2002 Late Charge $ 125.00 February 2002 Rent $ 3500.00 February 2002 Late Charge $ 175.00 March 2002 Rent $ 3500.00 March 2002 Late Charge $ 175.00 April 2002 Rent $ 3500.00 April 2002 Late Charge $ 175.00 Total $ 24,675.00 WHEREFORE, Giant requests that judgment be against Defendants and that Giant Food Stores, LLC be awarded compensatory damages for Defendants' wrongful possession of the property, plus interest and costs of suit. Dated: McNEES WALLACE & NURICK LLC Kimberly M. Colonna. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5278 Attorneys for Plaintiff Giant Food Stores, LLC VERIFICATION Subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities, I, Kimberly M. Colonna, of McNees Wallace & Nurick LLC, attorneys for Plaintiff Giant Food Stores, LLC, certify that Giant lacks sufficient knowledge and information to verify the facts not of record contained in the foregoing motion. I further certify that I have information and knowledge regarding the facts set forth in the foregoing Motion and that the facts contained in the foregoing Motion are tree and correct to the best of my knowledge, information, and belief. Dated: August 6, 2002 Kin~berly°M. Colonna CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a tree and correct copy of the foregoing Plaintiff's Motion for Leave to Amend Complaint was served by first class United States mail upon the following: Paul W. Gettel 1143 Harrisburg Pike Carlisle, PA 17013 Kimberly/M. Colonna Dated: August 6, 2002 GIANT FOOD STORES, LLC, Plaintiff V. PAUL W. GETTEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ACTION[.N EJECTMENT : : NO. 02-1862 RULE TO SHOW CAUSE AND NOW, this ~'~day of August, 2002, a rule is hereby issued upon Defendant Paul W. Gettel to show cause why Plaintiffs Motion for Leave to Amend the Complaint should not be granted. Rule returnable ten (10) days from service. GIANT FOOD STORES, LLC, Plaintiff V. PAUL W. GETTEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ACTION IN EJECTMENT NO. 02-1862 PLAINTIFF'S PETITION TO MAKE RULE ABSOLUTE Plaintiff, by its attorneys, McNees Wallace & Nurick LLC, hereby petition this Court to make the Rule of August 23, 2002, absolute and to issue an Order granting Plaintiff leave to file an Amended Complaint. In support of its Petition, Plaintiff states as follows: 1. On August 7, 2002, Plaintiff filed a Motion for Leave to Amend its Complaint. 2. On August 12, 2002, this Court issued an Order in thc form of a Rule to Show Cause why Plaintiffs Motion for Leave to Amend should not be granted. 3. The Rule to Show Cause Order was served on Defendant, as evidenced by the letter from Plaintiffs counsel to Defendant dated August 19, 2002. A true and correct copy of the letter is attached hereto as Exhibit A. Rule. 5. 6. The Rule provided that a response was due within ten (10) days of service of the Defendant has not responded to the Rule. The time for Defendant to respond to the Rule has expired. WHEREFORE, Defendants petition this Court to make the role issued on August 12, 2002, absolute by executing an Order granting Plaintiffs Motion for Leave to Amend the Complaint. McNEES WALLACE & NURICK LLC Kimberly 1{I. Colonna Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: September 6, 2002 Exhibit A McNees Wallace & Nurick LLc attorneys at law FILE COPY KIMBERLY M. COLONNA DIRECT DIAL: (717) 237-5278 E-MAIL ADDRESS: KCOLONNA(~MWN,COM August19,2002 Paul W. Gettel 1143 Harrisburg Pike Carlisle, PA 17013 Dear Mr. Getteh Enclosed and served upon you is a Rule to Show Cause issued by the Court. Your response is due ten (10) days from the date of this letter. Sincerely, McNEES WALLACE & NURICK LLC Kimberly M. Colonna c: Gerry Adams PO Box 1166 · 100 PINE STREET · HARRISBURG, PA 17108-1166 · TEL: 717.232.8000 · FAX: 717,237.5300 · WWW. MWN,COM COLUMBUS, OH ° HAZLETON, PA · WASHINGTON, DC CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a tree and correct copy of the foregoing Notice of Deposition was served by first class United States mail upon the following: Paul W. Gettel 1143 Harrisburg Pike Carlisle, PA 17013 Dated: September 6, 2002 GIANT FOOD STORES, LLC, Plaintiff V. PAUL W. GETTEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ACTION IN EJECTMENT : : NO. 02-1862 PLAINTIFF'S PETITION TO MAKE RULE ABSOLUTE Plaintiff, by its attomeys, McNees Wallace & Nurick LLC, hereby petition this Court to make the Rule of August 23, 2002, absolute and to issue an Order granting Plaintiff leave to file an Amended Complaint. In support of its Petition, Plaintiff states as follows: 1. On August 7, 2002, Plaintiff filed a Motion for Leave to Amend its Complaint. 2. On August 12, 2002, this Court issued an Order in the form of a Rule to Show Cause why Plaintifl~s Motion for Leave to Amend should not be granted. 3. The Rule to Show Cause Order was served on Defendant, as evidenced by the letter from Plaintiff's counsel to Defendant dated August 19, 2002. A tree and correct copy of the letter is attached hereto as Exhibit A. Rule. 5. 6. The Rule provided that a response was due within ten (10) days of service of the Defendant has not responded to the Rule. The time for Defendant to respond to the Rule has expired. WHEREFORE, Defendants petition this Court to make the role issued on August 12, 2002, absolute by executing an Order granting Plaintiff's Motion for Leave to Amend the Complaint. Dated: September 6, 2002 McNEES WALLACE & NURICK LLC Kimberly gl. Colonna Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Exhibit A McNees Wallace & Nurick attorneys at law FILE COPY KIMBERLY M. COLONNA DIRECT DIAL: (717) 237-5278 E-MAIL ADDRESS: KCOLONNA(~MWN.COM August19,2002 Paul W. Gettel 1143 Harrisburg Pike Carlisle, PA 17013 Dear Mr. Gettel: Enclosed and served upon you is a Rule to Show Cause issued by the Court. Your response is due ten (10) days from the date of this letter. Sincerely, McNEES WALLACE & NURICK LLC Kimberly M. Colonna c: Gerry Adams PO Box 1166 · 100 PINE STREET · HARRISBURG, PA 17108-1166 · TEL; 717.232.8000 · FAX: 717.237.5300 · WWW. MWN.COM COLUMBUS, OH · HAZLETON, PA · WASHINGTON, DC CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Notice of Deposition was served by first class United States mail upon the following: Paul W. Gettel 1143 Harrisburg Pike Carlisle, PA 17013 Kimberly M. Colonna Dated: September 6, 2002 GIANT FOOD STORES, LLC, Plaintiff V. PAUL W. GETTEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ACTION IN EJECTMENT : : NO. 02-1862 : ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO AMEND AND NOW, this t~'~ day of September 2002, upon consideration of Plaintiffs Motion for Leave to Amend The Complaint, it is hereby ORDERED that the Motion is GRANTED. Plaintiff shall file and serve the Amended Complaint within twenty GIANT FOOD STORES, LLC, Plaintiff V. PAUL W. GETTEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. _. : ACTION IN EJECTMENT : : NO. 02-1862 PLAINTIFF'S PETITION TO MAKE RULE ABSOLUTE Plaintiff, by its attorneys, McNees Wallace & Nurick LLC, hereby petition this Court to make the Rule of August 23, 2002, absolute and to issue an Order granting Plaintiff leave to file an Amended Complaint. In support of its Petition, Plaintiff states as follows: 1. On August 7, 2002, Plaintiff filed a Motion for Leave to Amend its Complaint. 2. On August 12, 2002, this Court issued an Order in the form of a Rule to Show Cause why Plaintiffs Motion for Leave to Amend should not be granted. 3. The Rule to Show Cause Order was served on Defendant, as evidenced by the letter from Plaintiffs counsel to Defendant dated August 19, 2002. A true and correct copy of the letter is attached hereto as Exhibit A. Rule. 6. The Rule provided that a response was due within ten (10) days of service of the Defendant has not responded to the Rule. The time for Defendant to respond to the Rule has expired. WHEREFORE, Defendants petition this Court to make the rule issued on August 12, 2002, absolute by executing an Order granting Plaintiff's Motion for Leave to Amend the Complaint. Dated: September 6, 2002 McNEES WALLACE & NURICK LLC Kim~'erly 1~I. C~lonn~/ Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff McNees Wallace & Nurick,Lc attorneys at law FILE COPY KtMEERLY M. COLONNA DIRECT DIAL: (717) 237-5278 E-MAIL ADDRESS: KCOLONNA~MWN.COM August19,2002 Paul W. Gettel 1143 Harrisburg Pike Carlisle, PA 17013 Dear Mr. Gettel: Enclosed and served upon you is a Rule to Show Cause issued by the Court. Your response is due ten (10) days from the date of this letter. Sincerely, McNEES WALLACE & NURICK LLC Kimberly M. Colonna c: Gerry Adams PO Box 1166 · 100 PINE STREET · HARRISBURG, PA 17108-1i66 · TEL: 717.232.8000 · FAX: 717.237.5300 · WWW. MWN.COM COLUMBUS, OH · HAZLETON, PA · WASHINGTON, DC CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a tree and correct copy of the foregoing Notice of Deposition was served by first class United States mail upon the following: Paul W. Gettel 1143 Harrisburg Pike Carlisle, PA 17013 Kimberly M. Colonna Dated: September 6, 2002 GIANT FOOD STORES, LLC, : Plaintiff : .. V. : : PAUL W. GETTEL, : CARS BY GETTEL, INC. and : CARS BY GETTEL BODY SHOP, INC. : : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ACTION IN EJECTMENT NO. 02-1862 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 717-249-3166 AVISO Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 717-249-3166 Dated: September 18, 2002 McNEES WALLACE & NURICK LLC Kim'l~erly M. C~lonna' I.D. No. 80362 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 Attorneys for Plaintiff Giant Food Stores, LLC GIANT FOOD STORES, LLC, Plaintiff V. PAUL W. GETTEL, CARS BY GETTEL, INC. and CARS BY GETTEL BODY SHOP, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ACTION IN EJECTMENT NO. 02-1862 AMENDED COMPLAINT Giant Food Stores, LLC, by its attorneys, McNees Wallace & Nurick LLC, hereby files this Complaint against Defendants, Paul W. Gettel, Cars By Gettel, Inc. and Cars By Gettel Body Shop, Inc. and avers the following: 1. Plaintiff, Giant Food Stores, LLC, is the successor by merger to Giant Food Stores, Inc. ("Giant") and is a limited liability company organized and existing under the laws of the State of Delaware with a principal place of business at 1149 Harrisburg Pike, P.O. Box 249, Carlisle, Cumberland County, Pennsylvania 17013-0249. 2. Defendant Paul W. Gettel ("Gettel") is an adult individual with a business address of 1143 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant Cars By Gettel, Inc. is a Pennsylvania corporation that with a registered corporate address of 1143 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 4. Defendant Cars By Gettel Body Shop, Inc. is a Pennsylvania corporation with a registered corporate address of 1143 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 5. On October 15, 1998, Giant purchased from Gettel a parcel of property (the ("Property") located in Middlesex Township, Cumberland County, Pennsylvania. A deed reflecting Giant's ownership of the Property is recorded in Cumberland County Deed Book 187, Page 288. 6. waterways, and privileges belonging thereto, together with all furnishings, fixtures, and equipment installed thereon. The Property is identified as Tax Parcel # 21-18-1363-063D and is described as 1143 Harrisburg Pike, Middlesex Township, Cumberland County, Pennsylvania. 7. On or about October 15, 1998, Giant and Gettel entered into a Lease (the "Lease") by which Giant, as Landlord, leased the Property to Gettel. A true and correct copy of the Lease is attached hereto as Exhibit A. 8. Upon information and belief, Gettel subleased all or a portion of the premises to Cars By Gettel, Inc. and Cars By Gettel Body Shop, Inc., who, upon information and belief, now have possession of all or part of the Property. Count I: Ejectment 9. Paragraphs one (1) through eight (8) are incorporated herein by reference. 10. The term of the Lease was "month to month ... but not exceeding a period of three (3) years" commencing on October 15, 1998. See Ex. A, ~[ 2. 11. The term of the Lease expired on October 14, 2001. The Property consists of approximately 2.733 acres of real property and the rights, 12. The Lease required Defendants to quit and surrender the Property at the expiration or earlier termination of the Lease. See Ex. A, ¶ 23. 13. On or about August 14, 2001, Giant served Defendants with a Notice to Quit stating that the term of the Lease would expire on October 14, 2001. A true and correct copy of the Notice to Quit is attached hereto as Exhibit B. 14. The Notice instructed Defendants to vacate the Premises on October 14, 2001 and turn over possession of the Premises to Giant. See Ex. B. Defendants have failed to quit and surrender the Property to Giant. As of the filing of this Complaint, Defendants continue in possession of the 15. 16. Property. 17. is wrongful. 18. Defendants' possession of the Property after the end of the term of Gettel's Lease Because the term of the Lease has expired, Giant has the exclusive right to possession of the property. WHEREFORE, Giant requests that Defendants be ejected from the Property and that Giant Food Stores, LLC be granted possession of the property. Count II: Action for Unpaid Rents Paragraphs one (1) through eighteen (18) above are incorporated herein by 19. reference. 20. The Lease obligated Gettel to make monthly rental payments of three thousand, five hundred dollars ($3,500.00) and the payments were due on the fifteenth of each month. See Ex. A,¶4. A,¶4. 21. All rent was due in advance and without demand, deduction, or set off. See Ex. 22. The Lease also provided that a late charge of five percent (5%) would be applied to any rent payment that was no received within ten (10) days of its due date, and provided that the late charge constituted additional rent. See Ex. A, ~[ 5. 23. A partial rent payment of one thousand dollars ($1000.00) was made in August 2001. 2001. 24. No rent payment were made on June 15, 2001, July 15, 2001, and September 15, 25. The rents are due and owing under the provisions of the Lease are as follows: Jtme 15th Rent $ 3500.00 June Late Charge $ 175.00 July 15th Rent $ 3500.00 July Late Charge $ 175.00 August 15th Rent $ 2500.00 August Late Charge $ 125.00 September 15th Rent $ 3500.00 September Late Charge $ 175.00 Total $13,650.00 26. Giant notified Gettel of the over due rems by certified letter dated January 28, 2002. A true and correct copy of letter and return receipt are attached hereto as Exhibit C. WHEREFORE, Giant requests that judgment be entered in its favor and against Paul W. Gettel in the amount of unpaid rents and additional rents, plus fees and costs of suit. Count III: Action for Damages for Continued Wrongful Possession 27. Paragraphs one (1) through twenty-six (26) above are incorporated herein by reference. 4 28. Since October 14, 2001, Defendants have continued in possession of the Property despite the termination of the Lease. 29. During the time that Defendants have wrongfully continued in possession of the Property, Defendants have failed to pay Giant for the continued wrongful possession of the Property. 30. Since the termination of the Lease, Defendants have paid Giant only one thousand dollars ($1000.00) for their continued possession of the Property. 31. By continuing to possess the Property without making payments to Giant, Defendants have been unjustly enriched in the amount equal to the rents that Defendants should have paid to possess the property. 32. Defendants' continued wrongful possession of the Property has damaged Giant in that Giant has not received monthly rental payments on the Property. 33. As of the date of the filing of this action, Defendants' unjust enrichment and Giant's damages were as follows: October 2001 Rent $ 3500.00 October 2001 Late Charge $ 175.00 November 2001 Rent $ 3500.00 November 2001 Late ChargeS 175.00 December 2001 Rent $ 3500.00 December 2001 Late Charge $ 175.00 January 2002 Rent $ 2500.00 January 2002 Late Charge $ 125.00 February 2002 Rent $ 3500.00 February 2002 Late Charge $ 175.00 March 2002 Rent $ 3500.00 March 2002 Late Charge $ 175.00 April 2002 Rent $ 3500.00 April 2002 Late Charge $ 175.00 Total $ 24,675.00 WHEREFORE, Giant requests that judgment be against Defendants and that Giant Food Stores, LLC be awarded compensatory damages for Defendants' wrongful possession of the property, plus interest and costs of suit. Dated: September 18, 2002 McNEES WALLACE & NURICK LLC By Ki~be}ly I6i. Colonna. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5278 Attorneys for Plaintiff Giant Food Stores, LLC VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unswom falsification to authorities, I hereby certify that I am authorized to make this verification on behalf of Giant Food Stores, LLC, successor by merger to Giant Food Stores, Inc., that I have reviewed the foregoing and that the facts set forth therein are true and correct to the best of my knowledge, information and belief. Date: September I(o, 2002 GIANT FOOD STORES, LLC r of Real Estate 7172407595 GIAh~T REAL ESTATE 0~ ~3 OCT ~ '01 12:10 OO/XOO ~s C$~,SOO.O0), ~a~Xe ~'~ e~IX ~ ~&y~le ~ ~n, ~ly ~ ~ ~, de~i~ or set o~, &~ eu~ place as ~ci~ o~ ~he ~aae tht are ~t ~O~ ~loed, ~A ac=~o the A~OOTL J ?1724B7595 GIANT REAL ESTATE OCT 29 'Bi 12:11 ?. I~.II~=IK~. The ~=emtsea -~11 be se~ve~ by electxl~=~,, wai:er, se~r, tel~ ~ o~r u~ill~es p~ly a~l~le =o t~ ~rmmim~. or te~i~ of ~ t~ of ~ia ~e, ~t s~l ~t~ C~ ~ of excexior altmxations to ~he Pxemioes w~b~ut Y~-a~oz~,s p~or w=/cten consent, A040071'. - ~ - ?17~4W7595 GI~T REAL ESTATE OCT ~ '01 12:11 mhmlX comply vtch ~he ~nM alterations madA a~all ~e~ain on and be the ~aes, =~ ~t a~l ~t~e the ~sea to (30) ~ ~ter ~itt~ ~tioe ~ ~ to ~ T~t, ~ ' ~ts so paid. ~o1~ ~-~ ~d ~te~enc ~1 ~ ~ ?1724~7595 GIANT REAL ESTATE 0~ P~5 OCT 29 '01 12:12 necjli~ence o~ Mc=d, ~1~ lo.ted om the ~Wes, o~ o~ ~ies, OC ~ ~st~, ink.tidal negle~C O~ ~ord. Tenanu -~=~1 maintain public liability inrmvo~ce ~,~LriU~ a~aias~ A04007&~ - 4 - ?17240?595 GIANT REAL ESTATE ~ PW? OCT 29 '01 12:12 =ohal s~re f~ca~ leased ~ T~= ~r~d~. sold ~s~= to ~e ~eroise o~ ~ ~igh~ of ~ ~. ~= ~ropor~i~7 ~ ~ r~ced (in ~ c~e of a ~aL ~) a~d paid tO ~OWd ~n ~~ ~~, 9~_~ Tm~t ~ rlgh~ Co cl~m ~ m~m I~d for ~ ~1~ o~ ~C,s f~m, L~lo~, ~ch my ~ ~eld ~ i~m sola ~s~etion, 7172487595 GIP~T REAL ESTATE There shall oc=~u: an assignment l~ T~n--t £or ~e recei~ ~t~ ~e ~ace per~. If I~!o~ p~e ~ n~in~ 27. ~. Upon ~he occuzzencs o£ an ~v~n~ o~ Def&Ul~ heretu~d~c', e~uity, have ~e follow~n~ remed/es: (a) Landlord m~7 termina=e this Lease a~l annul ~h~ ~4O07L: ' ~ - 7172407595 G I P~IT REAL ESTRTE (c) Landlord ma7 ins~i~ce legal lm~oceedin~s ~o collec~ all ~en~ &ad sums due a~d pa2abla he~eu~da~ an~ ~o ~ecov~ P.O. Bo~ At,n: ~al Paul w. Carlisle, PA This b,.aso contains ?1~24~595 GIANT REAL ESTRTE 898 P10 OCT 29 '01 12:14 By, : (si:Ax,) M~. p. icha.~ B. Wels~ ,M, iOOTI,~ - B - 917240'7595 ANT REAL ESTATE 454 P04 MAR ~ '02 16:25 FOOd Storgs~ LLC P.O- Box 249 1149 Harrisburg Pike Carlisle, Penn~ylvani~ 17013-0249 An Ahold USA Company Giant Fo:el St~r~. LLC Operaton of Giant flood St~w~ Martin's Food Markets James G. Alexander Director of Real Estate Direct Dial (717) 245-7448 Facsimile (717) 240-7595 August 14, 2001 Ce~ifiedM~l #7099 3220 0009 1565 9023 Paul W. Gettel 1143 Harrisburg Pike Carlisle, PA 17013 Re: Cars by Gettel Property Harrisburg Pike Deax Mr. Gettel: I am writing to notify ~/ou that in accordance with our Lease dated October 15, 1998, the term of the Lease will expire on October t4, 2001. At that time, you are required to vacate the property and mm possession over to Giant. Should you have any questions you may call me at (717) 245-744g. ~.~ncerely, . es O. Alexander/ Cc: Deb Alleman 71724~595 GIANT RERL ESTATE 434 P06 MP, R 28 '02 16:26 James G. Alexander Director, Real Estate. Direct Dial 717.245.7448 Facsimile 717.240.7595 'F=mail Jim ~lex(~AholdUSA.com Giant Food Stores, LLC January 28, 2002 Mr. Paul W. Gettel I 143 Harrisburg Pike Carlisle, PA 17013 Certified Mail RE: Cars by Gettle Property Harrisburg Pike, Carlisle Dear Mr. Gettel: I am writing to notify you that you are in default of your agreement with Giant and currently behind in payments by the amotmt of $30,500.00 I have prepared the enclosed Complaint and will file to have you evicted and to collect all past due amount~ ifI have not received payment within 10 buaine~ days from receipt of this letter. Plea~e forward a check to my attention at once to avoid any further action. Your prompt attention is required. Sincerely, James G. Alexander JGA/bem Enclosure P.O. Box 249 · 1149 H~RI~ISI~URa PtKI Complete Items 1, 2, and 3, ,Nso oomplete item 4 If Re~tfloted Delivery la desired. Print your name and address a~ the reverse ao ti'mt we can tatum ~h~ card t~ you, Attach this mlrd to ~ ba~ of the mailpiece, or on the front if space permits. (~: PS Fcz~n 381 1, July 1999 B. D~te of DeNVMy O. lac~B~egyaddl'e~,~ll.l~s,dl~em 17 i-lyes CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Amended Complaint was served by first class United States mail upon the following: Paul W. Gettel 1143 Harrisburg Pike Carlisle, PA 17013 Kimberly M.t Colonna Dated: September 18, 2002 GIANT FOOD STORES,LLC. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ,PENNSYLVANIA PLAINTIFF JURY TRIAL DEMANDED, PLAINTIFF IS NOTIFIED TO PLEAD TO THE NEW MATrER W1THIN 20 DAYS OF SERVICE. ACTION IN EJECTMENT NO. 02-1862 PAUL W. GETTEL, CARS BY OETTEL, INC CARS BY OETTEL, BODY SHOP, INC. DEFENDANTS ANSWER TO AMENDED COMPLAINT AND NOW COMES DEFENDANTS AND ANSWERS AS FOLLOWS 2. 3. 4. 5. 6. 7. 8. 9. 10. THE AVERMENTS OF PARAGRAPH ONE ARE DENIED AND PROOF DEMANDED. DENIED AS STATED ADMrrTED DENIED AS STATED ADMITrED ADMITTED ADMITTED DENIED AS STATED AND PROOF DEMANDED ANSWERS TO PARAGRAPH 1-$ ~ RESTATED THIS PARAGRAPH CONTAINS CONCLUSIONS OF LAW WHICH NEED NO REPLY HOWEVER SAID AVERMENTS ARE DENIED AND PROOF DEMANDED 11. THIS PARAGRAPH CONTAINS CONCLUSIONS OF LAW WHICH NEED NO REPLY HOWEVER SAID AVERMENTS ARE DENIED AND PROOF DEMANDED 12. THIS PARAGRAPH CONTAINS CONCLUSIONS OF LAW WHICH NEED NO REPLY HOWEVER SAID AVERMENTS ARE DENIED AND PROOF DEMANDED 13. DENIED AND PROOF DENANDED 14. THE NOTICE SPEAKS FOR ITSELF 15. THIS PARAGRAPH CONTAINS CONCLUSIONS OF LAW WHICH NEED NO REPLY HOWEVER SAID AVERMENTS ARE DENIED AND PROOF DEMANDED 16. ADMITTED IN PART, CARS BY OETrEL ISIN POSESSION 17. THIS PARAGRAPH CONTAINS CONCLUSIONS OF LAW WHICH NEED NO REPLY HOWEVER SAIl) AVERMENTS ARE DENIED AND PROOF DEMANDED 18. THIS PARAGRAPH CONTAINS CONCLUSIONS OF LAW WHICH NEED NO REPLY HOWEVER SAID AVERMENTS ARE DENIED AND PROOF DEMANDED 19. ANSWERS TO PARAGHRAPH 1-18 re r~smted h~ein 20. DENIED AS STATED AS SET OUT IN NEW MATI'ER 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. THIS PARAGRAPH CONTAINS CONCLUSIONS OF LAW WHICH NEED NO REPLY HOWEVER SAID AVERMENTS ARE DENIED AND PROOF DEMANDED THIS PARAGRAPH CONTAINS CONCLUSIONS OF LAW WHICH NEED NO REPLY HOWEVER SAID AVERMENTS ARE DENIED AND PROOF DEMANDED ADMITTED DENIED AND PROOF DEMANDED THIS PARAGRAPH CONTAINS CONCLUSIONS OF LAW WHICH NEED NO REPLY HOWEVER SAID AVERMENTS ARE DENIED AND PROOF DEMANDED DENIED THAT GETYEL RECEIVED NOTICE ANSWERS TO PARAGRAPH 1-26 ARE RESTATED HEREIN DENIED AND PROOF DEMANDED DENIED AS STATED IN NEW MATTER DEFENDANT OWES NO RENT DENIED AS STATED THIS PARAGRAPH CONTAINS CONCLUSIONS OF LAW WHICH NEED NO REPLY HOWEVER SAID AVERMENTS ARE DENIED AND PROOF DEMANDED DENIED AS STATED IN NEW MATTER THIS PARAGRAPH CONTAINS CONCLUSIONS OF LAW WHICH NEED NO REPLY HOWEVER SAID AVERMENTS ARE DENIED AND PROOF DEMANDED. 34 35 36 37 PLAINTIFF KNEW AND HAD A CONTRACTUAL AGREEMENT TO HAVE DEFENDANTS PERFORM SERVICES ON 1TS AUTOMOTIVE FLEET. DEFENDANTS AGREED TO PAY PAST DUE RENT AND STARTED MAKING WEEKLY PAYMENTS. PLAINTIFF THEN WRONGFULLY DISCONTINUED THE CONTRACT KNOWING IT WOULD FORCE DEFENDANTS TO FAlL AND BE UNABLE TO CATCH UP ON RENT, IN AN ATTEMT TO PUT DEFENDANTS OUT OF BUSINESS, TO THEIR GREAT ECONOMIC LOSS. AS SUCH PLAINTIFF HAS UNCLEAN HANDS AND ITS CLAIM FOR EQITABLE RELEAF SHOULD BE DISMISSED. AS A RESULT OF PLAINTIFFS BREACH AND ECONOMIC DURESS DEFENDANTS HAVE SUFFERED LOSSES IN EXCESS OF 500,000 AND JUDGEMENT IS DEMANDED AGAINST PLAINTIFF. PAUL W GETTEL, PP~ SE DATED; VERIFICATION I HEREBY CERTIFY THAT THE FACTS SET FORTH ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. PAUL W. GETTEL SHERIFF'S RETURN CASE NO: 2002-01862 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GIANT FOOD STORES LLC VS GETTEL PAUL W - REGULAR HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon GETTEL PAUL W the DEFENDANT , at 1442:00 HOURS, on the 20th day of September, 2002 at 1143 HARRISBURG PIKE CARLISLE, PA 17013 BEN STUART, MANAGER a true and attested copy of COMPLAINT - by handing to EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ ~ day of ~a~_~ .~ A.D. / FProthonotary So Answers: R. Thomas Kline 09/24/2002 MCNEES WALLACE NURICK eputy ~heriff~' SHERIFF'S RETURN - REGULAR CASE NO: 2002-01862 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GIANT FOOD STORES LLC VS GETTEL PAUL W HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon CARS BY GETTEL INC the DEFENDANT , at 1442:00 HOURS, at 1143 HARRISBURG PIKE on the 20t~ day of September, 2002 CARLISLE, PA 17013 BEN STUART, MANAGER a true and attested copy of COMPLAINT by handing to - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 Sworn and Subscribed to before me this ~ ~-~ day of ~ .2~ A.D. / / Prothonotary 09/24/2002 MCNEES WALLACE NURICK By: SHERIFF'S RETURN - REGULAR CASE NO: 2002-01862 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GIANT FOOD STORES LLC VS GETTEL PAUL W Sheriff or Deputy Sheriff of HAROLD WEARY Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - EJECTMENT was served upon CARS BY GETTEL BODY SHOP INC the law, DEFENDANT at 1442:00 HOURS, on the 20th day of September, 2002 at 1143 HARRISBURG PIKE CARLISLE, PA 17013 by handing to BEN STUART, MANAGER a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ ~L~ day of ~Z~ ~.~2 A.D. / ~rothonotary So Answers: R. Thomas Kline o9/24/2oo2 MCNEES WALLACE NURCIK Deputy Sheriff GIANT FOOD STORES, LLC, Plaintiff Ve PAUL W. GETTEL, CARS BY GETTEL, INC. and : CARS BY GETTEL BODY SHOP, INC. : : Defendants : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : ACTION IN EJECTMENT : : NO. 02-1862 PLAINTIFF'S REPLY TO NEW MATTER ASSERTED IN DEFENDANTS' ANSWER TO THE AMENDED COMPLAINT Giant Food Stores, LLC, by its attorneys, McNees Wallace & Nurick LLC, hereby files this reply to the New Matter asserted by Defendant: 34. Admitted in part and denied in part. Giant denies that it had any contractual agreement to have Defendants perform services on it automotive fleet. Giant admits that Defendants had agreed to pay the past due rent. By way of further answer, Defendants failed to make the payments they had agreed to make and have made only one payment of $1000.00 since June 2001. Furthermore, Defendants' agreement to make payments did not alter the terms and conditions of the lease. 35. Denied. Giant denies that it wrongfully discontinued any contract with Defendants, denies that it took any action in an attempt to put Defendants out of business, and denies that it has caused any economic loss to Defendants. 36. Denied. The averments of the paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed necessary, Giant denies the averments. 37. Denied. Giant denies that it committed any breach and denies that it took any wrongful action that caused any economic duress or any losses to Defendants. Giant further denies that there is any claim by Defendants pending against Giant and denies that Defendants are entitled to judgment. WHEREFORE, Giant requests that judgment be entered against Defendants Paul W. Gettel, Cars By Gettel, Inc., and Cars By Gettel Body Shop, Inc., and requests that Giant be awarded possession of the Property, unpaid rents, and compensatory damages for Defendants' wrongful possession of the property, plus interest and costs of suit. McNEES WALLACE & NURICK LLC Kimberly M. Colonna. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5278 Attorneys for Plaintiff Giant Food Stores, LLC Dated: October 18, 2002 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unswom falsification to authorities, I hereby certify that I am authorized to make this verification on behalf of Giant Food Stores, LLC, successor by merger to Giant Food Stores, Inc., that I have reviewed the foregoing and that the facts set forth therein are tree and correct to the best of my knowledge, information and belief. Dat~: October/5,2002 GIANT FOOD STORES, LLC vG;TPrE;si e~nt ;f Real Estate CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a tree and correct copy of the foregoing Amended Complaint was served by first class United States mail upon the following: Paul W. Gettel 1143 Hamsburg Pike Carlisle, PA 17013 Cars By Gettel, Inc. 1143 Harrisburg Pike Carlisle, PA 17013 Cars By Gettel Body Shop, Inc. 1143 (Rear) Harrisburg Pike Carlisle, PA 17013 Kim'berly I{/i. Colonna Dated: October 18, 2002 GIANT FOOD STORES, LLC, Plaintiff PAUL W. GETTEL, CARS BY GETTEL, INC. and CARS BY GETTEL BODY SHOP, INC. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ACTION IN EJECTMENT : : NO. 02-1862 : PRAECIPE TO DISCONTINUE AND END SUIT To: Prothonotary Please mark this suit as discontinued and ended with prejudice. McNEES WALLACE & NURICK LLC By ]~imber(y N~. Co~onna. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5;278 Attorneys for Plaintiff Giant Food Stores, LLC Dated: December 13, 2002 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a tree and correct copy of the foregoing Amended Complaint was served by first class United States mail upon the following: Paul W. Gettel 1143 Harrisburg Pike Carlisle, PA 17013 Cars By Gettel, Inc. 1143 Harrisburg Pike Carlisle, PA 17013 Cars By Gettel Body Shop, Inc. 1143 (Rear) Harrisburg Pike Carlisle, PA 17013 Dated: December 13, 2002