HomeMy WebLinkAbout06-6898GDW, LLC,
Plaintiff,
V.
WARREN SCOTT and
RICHARD BUTLER,
individually and d/b/a
Your Hair Station,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 66 G ?"qk clad
CIVIL ACTION-LAW
CONFESSION OF JUDGMENT
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a copy of
which is attached to the complaint filed in this action, I appear for the defendants and confess
judgment in favor of the plaintiff and against defendants as follows:
Principal debt
Attorney fees
TOTAL:
$58,946.80
LL L94.68
$64,841.48
Respectfully submitted,
O RIEN, BARIC & SCHE
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/corporate/gdw/confessionofj udgment.pld
GDW, LLC,
Plaintiff,
V.
WARREN SCOTT and
RICHARD BUTLER,
individually and d/b/a
Your Hair Station,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. () 6 - (o ? ?? C,) us I
CIVIL ACTION-LAW
CONFESSION OF JUDGMENT
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 an 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
GDW, LLC,
Plaintiff,
V.
WARREN SCOTT and
RICHARD BUTLER,
individually and d/b/a
Your Hair Station,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0?-
: CIVIL ACTION-LAW
CONFESSION OF JUDGMENT
COMPLAINT
NOW, comes Plaintiff, GDW, LLC, by and through its attorneys, O'BRIEN, BARIC &
SCHERER, and files the within complaint and, in support thereof, sets forth the following:
1. GDW, LLC is a Connecticut limited liability company with an address of 15
Whitehall Pond, Mystic, Connecticut 06355.
2. Plaintiff owns and operates a commercial building located at 34 North
Corporation Street, Newville, Cumberland County, Pennsylvania 17241.
3. Defendants, Warren Scott and Richard Butler are adult individuals who do
business as Your Hair Station located at 34 North Corporation Street, Suite #2, Newville,
Cumberland County, Pennsylvania 17241.
4. On or about September 1, 2005, Warren Scott and Richard Butler executed a
Commercial Lease Agreement with Plaintiff. A true and correct copy of the Commercial Lease
is attached hereto as Exhibit "A" and is incorporated by reference.
5. Defendants took possession of the leased premises in September, 2005.
6. To November 1, 2006, Defendants are in arrears on their lease payments in the
amount of $3,955.00.
7. Notice of the default was provided to Defendants by correspondence dated
November 3, 2006. A true and correct copy of the Notice of default is attached hereto as Exhibit
"B" and is incorporated by reference.
8. Defendants have failed to cure the default.
9. The Commercial Lease provides for the confession of judgment against
Defendants in the event of a default.
10. The Commercial Lease provides for the recovery of the rent for the remainder of
the lease term in the event of default.
11. The Commercial Lease had an initial term of five (5) years.
12. The rent presently due and unpaid and the rent for the remainder of the term are as
follows:
October, 2006 to September, 2007
September, 2007 to September, 2008
September, 2008 to September, 2009
September, 2009 to September, 2010
Rent presently due
TOTAL:
$12,815.00
$14,399.40
$14,831.28
$15,276.12
11,(L25.00
$58,946.80
13. The Commercial Lease provides for the recovery of reasonable attorney fees by
Plaintiff which are set, for purposes of this complaint at ten (10%) percent of the principal debt
or $5,894.68.
14. Judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
15. Judgment has not been entered on the Commercial Lease in any jurisdiction.
WHEREFORE, Plaintiff requests judgment as authorized by the warrant in the amount of
$64,841.48.
Respectfully submitted,
HERER
OAZSC.
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/corporate/gdw/complaint.pld
a
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COMMERCIAL LEASE
THIS LEASE entered into this 1 st day of September, 2005, by and between
GDW, LL.C, of Mystic, New London, Connecticut, (Landlord) and Warren Scott and Richard
Butler, of Newville, Pennsylvania, ('T'enant).
WITNESSETH: Landlord hereby leases to Tenant and Tenant leases from
Landlord, for the term and upon the terms and conditions hereinafter set forth, a portion of the
premises known as 34 North Corporation Street, Suite 2, Newville, Pennsylvania, together with
the buildings and other improvements constructed thereon as hereinafter provided, and together
with the right to use the parking spaces adjacent to the building, adjoining driveway, sidewalks
and means of ingress and egress.
SAID lease shall contain the following terms, conditions and restrictions:
1. LEASED PREMISES. The leased premises shall include a portion of the
building above described, being suite number 2 as further noted on the attached drawing which is
incorporated herein.
2. TERM. This lease shall extend for a term of five (5) years. Said term to
begin the I st day of September, 2005 and to end the 31 st day of August, 2010. Said term to be
automatically renewable for a five (5) year term thereafter on the anniversary date. Should either
party intend to not renew the lease, such party shall make written notification to the other party at
least ninety (90) days prior to the expiration of the then current tern.
3. RENTAL. The rental for the first and second years hereof, shall be One
Thousand One Hundred Sixty Five and 00/100 Dollars, ($1,165.00). For every year thereafter,
EXHIBIT "A"
Nov 02 06 04:12p GDW LLC
860 536-8250 p,5
the yearly rent shall increase by three percent (3%). First payment due the 1 st day of September,
2005 and thereafter on the I st day of every month. Tenant shall also at the execution of this
Commercial Lease provide to Landlord a security deposit in the amount of One Thousand One
Hundred Sixty Five and 00/100 Dollars ($1,165.00). Tenant shall not be entitled to any interest
on this amount deposited with Landlord. At the conclusion of the lease tern Landlord shall
refund the security deposit to Tenant less any costs and expenses incurred by Landlord to repair
the premises.
4. USE. The premises may be used for the operation of a beauty and tanning
salon known as Your Hair Station or otherwise. The premises may be used for any other lawful
purpose not in conflict with municipal zoning regulations which will make void or voidable any
insurance on the leased premises. '
5. UTILITIES. Tenant shall pay all utility charges including but not limited
to heat, air conditioning, water and sewer, and electric which shall be separately metered for the
area leased to Tenant. Tenant shall be responsible for removal of snow from sidewalk and
Landlord shall be responsible for snow removal from the parking area. Tenant shall be
responsible for burglar alarm maintenance and Landlord shall be responsible for fire and smoke
alarm maintenance. The parties recognize and agree that the burglar, fire and smoke alarms are
all provided under one contract with ADT. Landlord shall submit invoices received from ADT
(or another service provider) upon receipt and Tenant shall remit to Landlord the dollar amount
charged for the burglar alarm within ten (10) days of receipt of the invoice from Landlord.
Nov 02 06 04:12p GDW LLC
860 536-8250 p.6
6. TAXES. Landlord shall be responsible for the payment of all real estate
taxes levied on the premises.
7. INSURANCE. Tenant shall, at all times during the term of this lease and
any extensions hereof a) purchase and maintain public Liability Insurance, including bodily
injury and property damage coverage of not less than $1,000,000.00 per occurrence and b)
purchase and maintain inventory and equipment coverage of not less than 100% of replacement
cost of all inventory on the leased premises.
Landlord shall be included as an additional insured, as their interest may appear,
on the public liability insurance policy secured by Tenant.
Proof of all insurances as required hereunder shall be delivered to Landlord as
requested from time to time.
8. SIGNS. Tenant shall have the right to place such signs as are usual and
incidental to Tenant's business. Provided, however, such external signs must conform with all
applicable zoning or sign regulations. Further, they must be maintained in a manner acceptable
to Landlord. All costs associated with approval of signage shall be born by Tenant. Landlord
will provide for sign on top of the building above business and lighted sign on street.
9. MAINTENANCE. Landlord agrees to be responsible for all exterior
maintenance of the building and surface of the parking areas, sidewalks and driveways, as well
as the structural soundness of the building, and all underground gas, water and sewer pipes.
Landlord shall also maintain at its expense, exterior lighting and lawn and shrubbery located on
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04:120 GDW LLC
860 536-8250 p.7
the premises. Tenant shall be responsible for interior maintenance of the demised premises and
shall return the premises to Landlord at the expiration of the term hereof in the same condition as
at the commencement of the lease term, ordinary wear and tear alone excepted. Landlord shall
be responsible for all repairs and replacement, as necessary, for all mechanical elements
including heating, air conditioning, lighting and plumbing. All repairs and replacements shall,
upon termination of the lease, become the sole property of Landlord.
10. PARKING. Parking spaces in the adjoining parking area excepting those
spaces immediately adjacent to the East wall of the building may be used by Tenant's customers
as needed and if they are available. Landlord reserves the right to lease parking spaces in the
adjoining parking area as Landlord desires and for Landlord's business in which case, Tenant
and Tenant's customers or employees will not be permitted to use the adjoining parking area.
Tenant may not store (defined as having in place for more than a twenty-four hour period)
equipment, materials or vehicles in the parking spaces adjacent to the building.
11. ALTERATIONS AND TRADE AND OTHER FIXTURES. Tenant shall
not make any alterations involving structural changes without securing Landlord's written
consent. Tenant may install or cause to be installed such equipment and trade and other fixtures
as are reasonable and necessary for the operation of its business. Any equipment, trade and
other fixtures which become attached to the property shall become property of the Landlord.
Approved structural changes shall become the property of Landlord upon expiration or
termination of this lease. Tenant shall repair any damage to the leased premises by the
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Nov 02 06 04:13p GDW LLC
860 536-8250 p.8
installation or removal of such alterations, equipment and fixtures.
12. CASUALTY DAMAGE. If the demised premises shall be partially
damaged by fire or other cause, the damages shall be repaired by and at the expense of Landlord.
If the demised premises or the building of which they are a part are so damaged that
Landlord shall decide to demolish it and/or rebuild it, Landlord must, within thirty (30) days
after such fire or other cause, give Tenant a notice in writing of such decision, and thereupon the
terns of this lease shall expire by lapse of time upon the thirtieth (30th) day after such notice is
given, and Tenant shall vacate the demised premises and surrender the same to Landlord.
This lease shall not be deemed terminated by reason of total or partial destruction
except as herein provided and Tenant hereby expressly waives any statutory provisions
concerning such rights, if any.
If the demised premises shall be partially damaged by fire, the elements or other
casualty but not so as to be rendered untenantable, the rent payable hereunder shall be paid
proportionate to that portion of the demised premises which remains tenantable and said
proportionate rent payments shall continue until such time as the premises shall be fully restored.
If the demised premises is damaged to the extent that Tenant cannot reasonably conduct its usual
business, rent payments shall abate during the period the demised premises remains in such
condition. In case the demised premises is completely destroyed by fire, the elements or other
casualty, or so damaged that it will or does remain untenantable for conducting Tenant's usual
business, Tenant may give Landlord written notice of his intention to then cancel this agreement
Nov 02 06 04:13p GDW LLC
860 536-8250 p.9
in its entirety or, alternatively, rent payable hereunder shall abate until the premises is restored
such that Tenant can resume conducting its business in the premises.
13. LIABILITY. The Tenant agrees to be responsible for any damage to the
property of the Landlord which may result from any use of the demised premises, or any act
done thereon by the Tenant or any person coming or being thereon by the license of the Tenant,
express or implied, and also to save the Landlord harmless from any liability to any person, for
damage to person or property, resulting from any such causes, and to protect such liability with
Public Liability Insurance and to furnish Landlord a certificate issued by the insurance carrier
showing such insurance in force and with Landlord covered thereby with limitations of at least
$1,000,000.00 personal injury and/or death and/or property damage. Tenant agrees to replace all
glass broken, damaged or destroyed in any manner whatsoever, the Tenant assuming all
responsibility for the glass in the premises herein demised, and to cause such liability to be
protected by plate glass insurance at Tenant's expense and further to deposit such plate glass
insurance policy or certificate showing such insurance in force with Landlord during the term of
this lease. Tenant agrees, at Tenant's expense, to keep all plumbing and heating lines from the
point of entrance to demised premises to the point of actual use tight and free from leakage and
stoppage at all times. If Tenant shall enter the demised premises prior to the term hereof, Tenant
shall be liable as herein set out, and such occupancy shall be upon all the terms and conditions
hereof except that rent shall be due at the time set forth in Paragraph 1 hereof Such prior
occupancy by Tenant shall be at its own risk.
Nov 02 06 04:13p GDW LLC
860 536-8250 p.10
14. COMPLIANCE WITH LAWS. Tenant will promptly comply with all
applicable and valid laws, ordinances and regulations of Federal, State, County, Municipal or
other lawful authority pertaining to the use and occupancy of the leased premises. In the event
any repairs or modifications may be determined as necessary under the Americans with
Disabilities Act, Tenant and Landlord will undertake to have made the modifications and the
modifications shall become the property of Landlord. All repairs or modification needed to
comply with current or future codes, laws or ordinances pertaining to the exterior of the property
and building, shall be the responsibility of the Landlord-
.Nov 02 06 04:13p GDW LLC
' 860 536-8250 p.ll
15. BANKRUPTCY. Should Tenant make an assignment for benefit of
creditors, or be adjudicated bankrupt, such action shall constitute a breach of this lease for which
Landlord, at its opinion, may terminate all rights of Tenant or its successors in interest under this
lease.
16. EMINENT DOMAIN. If all of the leased premises and common areas are
taken under the power of eminent domain or conveyed under threat of condemnation
proceedings, or if only a part of such premises or common areas is so taken or conveyed and
Tenant shall determine that the remainder is inadequate or unsatisfactory for its purposes, which
determination shall not be arbitrarily or capriciously made, then, in either event, this lease shall
terminate effective as of the date Tenant is required to give up the right to occupy or use any part
of the leased premises or common areas. The termination of this lease as above provided shall
not operate to deprive Tenant of the right to make claim against the condemning authority for
any damages suffered by Tenant, but Tenant shall have no right to make any claim against
Landlord because of such termination. If this lease is not terminated as above provided,
Landlord and Tenant shall agree upon an equitable reduction of the rental. If the parties fail to
agree upon such reduction within 60 days from the date of the final award or payment for the
part of the leased premises so taken or conveyed, Landlord and Tenant shall each choose one
arbitrator and the two arbitrators so chosen shall choose a third arbitrator. The decision of any
two of the arbitrators as to the rental reduction, if any, shall be binding on Tenant and Landlord
and any expense of the arbitration shall be divided equally between Tenant and Landlord.
Nov 02 06 04:13p GDW LLC
17. DEFAULT.
860 536-8250 p.12
A. In the event of any of the following occurrences of "enforceable
default", Landlord shall be entitled to pursue one or more of the remedies set forth herein:
1) Non-payment of rent for a period of ten (10) days following
the due date, provided Landlord shall have given Tenant
written notice of said non-payment and an additional fifteen
(15) day opportunity to cure said default in payment.
2) Breach of any of the other covenants of this lease provided
that Landlord shall have given Tenant written notice of
such breach and a period of thirty (30) days within which to
cure same.
3) The filing of a petition in bankruptcy, whether voluntary or
involuntary, against Tenant or Tenant's adjudication as
bankrupt or insolvent in any court.
4) The appointment of a receiver or trustee in bankruptcy for
Tenant.
5) The making of any assignment by Tenant for the benefit of
creditors.
B. Remedies.
1) Confession of Judgment.
a) 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
to recover the rent due for the remainder of the
term; and/or to sign for Lessee an agreement for
entering in any competent court an Amicable
Action or Actions for the recovery of such rent, and
in said suits or in said Amicable Action or Actions
to Confess Judgment against Lessee for the rent
due, and for the rent for the remainder of the term,
Nov 02 06 04:14p GDW LLC
• 860 536-8250 p.13
and for interest and costs, together with reasonable
attorney's fees; and Lessee hereby expressly waives
and releases all errors and defects in entering such
judgment and further waives and releases all relief
from any and all appraisement, stay or exemption
laws, now in force or hereafter to be passed, and
also waives the right of inquisition on any real
estate that may be levied upon to collect such rental.
b) Any Attorney of any Court of Record of the County
of Cumberland may, at the request of Lessor, and,
as the agent or the attorney of Lessee, sign an
agreement for entry in a competent court an
Amicable Action of Ejectment and confess
Judgment in Ejectment thereon for the said
premises to any term, past or present, against
Lessee, and all persons claiming under Lessee,
without stay of execution, or appeal, and, for so
doing, this shall be a sufficient Warrant; and,
thereupon, a Writ of Possession or such other writ
as may then be appropriate may immediately issue
on said Judgment, all errors and defects in entering
such Action and Judgment, or in the issuing of such
Writ, or in any proceeding thereon, or concerning
the same, being hereby expressly waived by Lessee,
and by any person or persons whatsoever claiming
through, by or under Lessee, and a copy of this
Lease, with any modifications thereof, being filed in
the said Action, it shall not be necessary to file the
original as a Warrant of Attorney, any law or Rule
of Court to the contrary notwithstanding.
2) At the option of Landlord, this Lease shall determine, and
become null and void, and Landlord may re-enter upon,
and repossess, the herein demised premises.
3) The exercise of any remedy or remedies provided herein,
by Landlord, shall not preclude Landlord's exercising,
concurrently or successively, one or more other remedies
provided herein, or authorized by law.
10
Nov 02 06 04:14p GDW LLC
860 536-8250 p.15
18. LANDLORD'S COVENANTS. Landlord covenants that it has good and
marketable title to the demised premises by and through a certain Installment Sales Agreement
and that the same is subject to no leases, tenancies, agreements, encumbrances, liens, restrictions
or defects in title affecting the demised premises or the rights granted Tenant in this lease; that
there are no restrictive covenants, zoning or other ordinances or regulations applicable to the
demised premises which will prevent Tenant from conducting their usual business.
19. QUIET ENJOYMENT. Tenant upon paying the rent and performing the
covenants and agreements of this lease shall quietly have, hold and enjoy the demised premises
and all rights granted Tenant in this lease during the term thereof and extensions thereto, if any.
20. SUBORDINATION. Tenant hereby agrees that its leasehold interest
hereunder is subordinate to any mortgages or installment sales obligations now on, or hereafter
to be placed on, the premises leased hereunder.
This Subordination Agreement shall be self-operative and no further instrument or
certificate of subordination shall be required from Tenant.
21. NOTICES. Any notices required or permitted hereunder shall be in
writing and delivered either in person to the other party or the other party's authorized agent, or
by United States Certified Mail, Return Receipt Requested, postage fully prepaid, to the
addresses set forth hereinafter, or to such other address as either party may designate in writing
and deliver as herein provided.
Landlord: GDW, LLC
12
Nov 02 06 04:14p GDW LLC
Tenant:
860 536-8250 p.16
22. RECORDING. This lease agreement shall not be filed for public record
by any party hereto.
23. COMPLETE AGREEMENT. This lease contains a complete expression
of the agreement between the parties and there are no promises, representations or inducements
except such as are herein provided.
24. NOTICE OF VIOLATIONS. Landlord represents and warrants that it has
received no notices that the premises are in violations of any laws, ordinances, and/or regulations
relating to the structure thereof or of any violations of building codes or other laws, ordinances
and/or regulations.
This lease agreement shall inure to the benefit of and be binding upon the
Parties hereto and their respective heirs, legal representatives, successors and assigns.
25.
assign or sublease the whole or any part of the demised premises without the prior written,
consent of Landlord.
ASSIGNMENT AND SUBLETTING. Tenant shall not have the right to
13
Nov 02 06 04:14p GDW LLC 860 536-8250
p.17
IN WITNESS WHEREOF, the undersigned parties have affixed their hands and
seals to this Lease Agreement the date first above written.
WITNESS:
GDW, LLC
By: p lam, (Seal)
Title:
(Seal)
Tenant
Tenant
14
Law Offices
O'BRIEN, BARIC & SCHERER
19 West South Street
Carlisle, Pennsylvania 17013
Robert L. O'Brien
David A. Baric
Michael A. Scherer
Robert J. Dailey
(717) 249-6873
Pax: (717) 249-5755
Email: dbaricna.obsl_ aw com
November 3, 2006
VIA CERTIFIED MAIL # 70041350 0003 71471748
Your Hair Salon
34 North Corporation Street, Suite #2
Newville, Pennsylvania 17241
RE: Lease Agreement
Notice of Default
Dear Sir:
This correspondence shall serve as notice under the Commercial Lease that you are in default
under the terms of the lease.
You have failed to pay rent due and owing and are presently in arrears in the amount of
$1,625.00 to October, 2006 exclusive of late fees and other charges. Pursuant to the Commercial
Lease, you have fifteen (15) days to cure the default in payment in addition to paying the rent now
due for November, 2006.
If you have any questions I would suggest you consult with an attorney of your choosing.
Very truly yours,
DAB/ta
cc: File
O'BRIEN, BARIC & SC RER
David A. Baric, Esquire
dabUdtigation\Kelly,Scott\salon.itr EXHIBIT "B"
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GDW, LLC,
Plaintiff,
V.
WARREN SCOTT and
RICHARD BUTLER,
individually and d/b/a
Your Hair Station,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION-LAW
CONFESSION OF JUDGMENT
CERTIFICATION OF ADDRESSES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
David A. Baric, Esquire, being duly sworn according to law, deposes and says that to the
best of his knowledge, information and belief, the addresses of the judgment creditor and the
judgment debtor in the above-captioned case are as follows:
Plaintiff:
GDW, LLC
15 Whitehall Pond
Mystic, Connecticut 06355
Defendants:
Warren Scott
Richard Butler
34 North Corporation Street, Suite 2
Newville, Pennsylvania 17241
k
David A. Baric, Esquire
Sworn to and subscribed before me
this A* day of ?lul"1 12006.
N
dab.dir/corporate/gdw/address.aff
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jennifer S. Lindsay, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Nov. 29, 2007
Member, Pennsylvan:, Associaticn Ot Notaries
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GDW, LLC,
Plaintiff,
V.
WARREN SCOTT and
RICHARD BUTLER,
individually and d/b/a
Your Hair Station,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION-LAW
CONFESSION OF JUDGMENT
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Warren Scott
Richard Butler
d/b/a Your Hair Station
34 North Corporation Street, Suite 2
Newville, Pennsylvania 17241
A judgment in the amount of $64,841.48 has been entered against you and in favor of the
plaintiff without any prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The sheriff may take your money or
other property to pay the judgment at any time after thirty (30) days after the date on which this
notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
David A. Baric, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
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GD W, LLC,
Plaintiff,
V.
WARREN SCOTT and
RICHARD BUTLER,
individually and d/b/a
Your Hair Station,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
. D? • to X98"
CIVIL ACTION-LAW
CONFESSION OF JUDGMENT
AFFIDAVIT OF COMMERCIAL TRANSACTION
I hereby certify that I am counsel for GDW, LLC, the Plaintiff herein, and hereby certify
that judgment is not being entered against natural persons in a consumer transaction.
Respectfully submitted,
O' N, BARI SCHE
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dir/corporate/gdw/commercialtransaction.aff
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GDW, LLC,
Plaintiff,
V.
WARREN SCOTT and
RICHARD BUTLER,
individually and d/b/a
Your Hair Station,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION-LAW
CONFESSION OF JUDGMENT
NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236
TO: Richard Butler
34 North Corporation Street, Suite 2
Newville, Pennsylvania 17241
Notice is hereby given to you of entry of a judgment against you in the above matter.
Prothonotary
i
Date:
ot7 _ aQ?(o 4
GDW, LLC,
Plaintiff,
V.
WARREN SCOTT and
RICHARD BUTLER,
individually and d/b/a
Your Hair Station,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION-LAW
CONFESSION OF JUDGMENT
NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236
TO: Warren Scott
34 North Corporation Street, Suite 2
Newville, Pennsylvania 17241
Notice is hereby given to you of entry of a judgment against you in the above matter.
Prothon tary
Date: OV • 30, a0--)6,
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06898 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GDW LLC
VS
SCOTT WARREN ET AL
ROBERT BITNER Sheriff or Deputy Sheriff f
i
i
Cumberland County,Pennsylvania, who being duly sworn acco ing to law,
says, the within NOTICE UNDER RULE 2958.1 was served upo
SCOTT WARREN DBA YOUR HAIR STATION the
DEFENDANT at 1200:00 HOURS, on the 15th day of Dec ber , 2006
at 34 NORTH CORPORATION ST SUITE #2
NEWVILLE, PA 17241 by handing to
WARREN SCOTT
a true and attested copy of NOTICE UNDER RULE 2958.1 tog4her with
and at the same time directing His attention to the conte s thereof.
l
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
18.00
10.56
.39 ?
10.00 R. Thomas Kline
00
38.95,- 12/28/2006
OBRIEN BARIC SCHERER
day ) Deputy Sheri
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06898 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GDW LLC
VS
SCOTT WARREN ET AL
JASON VIORAL Sheriff or Deputy Sheriff f
Cumberland County,Pennsylvania, who being duly sworn acco ping to law,
says, the within NOTICE UNDER RULE 2958.1 was served uporl?l
BUTLER RICHARD DBA YOUR HAIR STATION the
DEFENDANT , at 1616:00 HOURS, on the 27th day of Dec
at 348 DOUBLING GAP ROAD
NEWVILLE, PA 17241 by handing to
er , 2006
a true and attested copy of NOTICE UNDER RULE 2958.1 toq? her with
and at the same time directing His attention to the conte? s thereof
Sheriff's Costs:
Docketing 6.00
Service 10.56
Affidavit .00
Surcharge 10.00
Sworn and Subscibed to
before me this
of
day
So Answers
OV,
: R. Thomas Kline
12/28/2006
OBRIEN BARIC SCHERER
By:
ty Sherif
A. D.
IN TEE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: Confessed Judgment
GDW, LLC, ?Other
Plaintiff, File No. 2006-6898 Civil Term
V.
WARREN SCOTT and
RICHARD BUTLER, individually
and d/b/a Your Hair Station,
Defendants
Amount Due $3,480.02
Interest
Atty's Comm
Costs $174.00
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment We,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
Any and all personalty located at 34 North Corporation
Street, Suite 2, Newville, Pennsylvania
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or contr of the said g 3 (s).
? (Indicate) Index this writ against the garnishee (s) as a lis pe gainst•re to o
defendant(s) described in the attached exhibit.
Date July 19 , 2007 Signature:
Address:
Carlisle, PA 17013
Print Name:
Attorney for:
Telephone:
David A. Baric, Esquire
19 West South Street
Plaintiff
(717) 249-6873
Supreme Court ID No: 4 4 8 5 3
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-6898 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GDW, LLC., Plaintiff (s)
From WARREN SCOTT AND RICHARD BUTLER, INDIVIDUALLY AND DB/A YOUR HAIR
STATION, 34 NORTH CORPORATION STREET, SUITE 2, NEWVILLE, PA
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONALTY LOCATED AT 34 NORTH CORPORATION STREET, SUITE 2
NEWVILLE, PA.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
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 $3,480.02
Interest
Atty's Comm %
Atty Paid $111.51
Plaintiff Paid
Date: JULY 20, 2007
(Seal)
REQUESTING PARTY:
Name DAVID A. BARIC, ESQUIRE
Address: 19 WEST SOUTH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-249-6873
Supreme Court ID No. 44853
L.L. $.50
Due Prothy $2.00
Other Costs
liepury
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,. PENNSYLVANIA
CIVIL. DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
GDW, LLC,
Plaintiff
® Confessed Judgment
? Other
V.
WARREN SCUTT and
RICHARD BUTLER, individually
and d/b/a Your Hair Station,
Defendants
TO THE PROTHONOTARY OF THE SAID COURT:
File No. 2006-6898 Civil Term
Amount Due $9,735.00
Interest
Atty's Comm $1,460.25
Costs $348.00
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
Any and all personalty located at 34 North Corporation
Street, Suite 2, Newville, Pennsylvania 17241
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or coApof aid ga rnishee(s).
? (Indicate) Index this writ against the garnishee (s) as a lis p nst real es f e
defendant(s) described in the attached exhibit.
Date January 18, 2 0 0 8 Signature:
Print Name: David A. Baric, Esquire
Address: 19 West South Street
Carlisle, PA 17013
Attorney for: Plaintiff
Telephone: (717) 249-6873
Supreme Court ID No: 4 4 8 5 3
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
' NO06-6898 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GDW, LLC Plaintiff (s)
From WARREN SCOTT AND RICHARD BUTLER, INDIVIDUALLY AND DB/A YOUR HAIR
STATION
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONALTY LOCATED AT 34 NORTH CORPORATION STREET, SUITE 2,
NEWVILLE, PENNSYLVANIA 17241.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
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$9,735.00
Interest
Atty's Comm %$1,460.25
Arty Paid $135.51
Plaintiff Paid
Date: JAUNUARY 22, 2008
(Seal)
L.L.$.50
Due Prothy $2.00
Other Costs$348.00
- I ? W-"54-
Cu . Long, P otary
By:
Deputy
REQUESTING PARTY:
Name DAVID A. BARIC, ESQUIRE
Address: 19 WEST SOUTH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-249-6873
Supreme Court ID No. 44853
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that a
Sheriff's Sale of personal property was held on Wednesday April 30, 2008, at
which time the personal property of Warren Scott, I/D/B/A Your Hair Station and
Richard Butler, DB/A Your Hair Station, was sold to, GDW LLC, of 15 Whitehall
Pond, Mystic, Conneticut, 06355, for the sum of $1.00, it being the highest bid and best
price quoted for the same. Date and Time of Sale, Wednesday April 30, 2008 at, 3:00
P.M.E.D.S.T., at, 34 North Corporation Street, Suite 2, Newville, PA 17241.
Sheriff's Costs:
Docketing $ 18.00
Poundage 2.47
17
Advertising 10.00 f-, ?.,
Law Library .50 -??-
Prothonotary 2.00 r ' --q-
Milage 21.56
Surcharge 50.00
Levy 20.00 - -o
Post Pone Sale _ - n
Garnishee ••
c:3 -+
Postage 1.64 "
TOTAL $ 126.17 ? 1/1 /09 9,
So Answers;
y R. Thomas Kline, Sheriff
b
By C 1 w /
L I; I d L Z NVr 8001
JJ183HS 3Hi 30 331330
?74az
?) /q-1s'/
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
' NO06-6898 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GDW, LLC Plaintiff (s)
From WARREN SCOTT AND RICHARD BUTLER, INDIVIDUALLY AND D/B/A YOUR HAIR
STATION
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONALTY LOCATED AT 34 NORTH CORPORATION STREET, SUITE 2,
NEWVILLE, PENNSYLVANIA 17241.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
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$9,735.00
Interest
Atty's Comm %$1,460.25
Atty Paid $135.51
Plaintiff Paid
Date: JAUNUARY 22, 2008
(Seal)
L.L.$.50
Due Prothy $2.00
Other Costs$348.00
C R. Long, Pr not ry
By:
Deputy
REQUESTING PARTY:
Name DAVID A. BARIC, ESQUIRE
Address: 19 WEST SOUTH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-249-6873
Supreme Court ID No. 44853
SHERIFF'S SALE
BY VIRTUE OF WRIT OF EXECUTION NO. 2006-6898 CIVIL TERM ISSUED OUT
OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND
TO ME DIRECTED, I WILL EXPOSE TO PUBLIC SALE ON WEDNESDAY THE
30" DAY OF APRIL 2008 AT 3:00 P.M., THE PROPERTY OF WARREN SCOTT
I/D/B/A YOUR HAIR STATION AND RICHARD BUTLER, I/DB/A YOUR HAIR
STATION, AT, 34 NORTH CORPORATION STREET, SUITE TWO, NEWVILLE,
CUMBERLAND COUNTY, PENNSYLVANIA.
THE FOLLOWING PROPERTY TO WIT:
COMPUTER CHAIR
CREDIT CARD MACHINE
BLACK CHAIRS (5)
BROOMS (2)
MISC. CHRISTMAS DECORATIONS
BLACK BUREAUS (2)
SMALL BLACK TABLE
BLACK BOOKCASE
HEADWASHING CHAIRS (2) BLACK BUREAU W/2 SINKS
LARGE HAIRCUTTING BUREAU W/2 STATIONS
SWIVEL HAIRCUTTING CHAIRS (2)
PERM CART MISC. HAIR ROLLERS
5 CURLING IRONS (HOT TOOL) 2 BLOW DRYERS (HOT TOOL)
2 WOLF TANNING BEDS (SONNEN BRAUNE)
MISC. TOWELS WHITE PLASTIC CHAIR
SMALL WOODEN TABLES (2) WALL MIRRORS (2)
WOODEN BENCH
COMPUTER AND MONITOR (BM)
MISC. TANNING PRODUCTS
CASH DRAWER
SMALL CHRISTMAS TREES (2)
MISC. HAIR PRODUCTS (MATRIX)
METAL TRASHCAN
PHONE W/HEADSET (DURABRAND)
BLACK STANDS
FLOOR HEATER (LASKO)
METAL FOLDING CHAIR
olw 1L. 13ur.e(A-`'
6 0 . 6"D
(A) ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH
THE SHERIFF BEFORE THE SALE, ALONG WITH THE PRESCRIBED FEE
OF FIFTY-FIVE DOLLARS ($55.00)
(B) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF
BEFORE DISTRIBUTION.
(C) THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED IN HIS
OFFICE ON THE 5TH DAY OF MAY 2008 NOT LATER THAN FIVE (5)
DAYS AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN
ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED
WITHIN THE TEN (10) DAYS THEREAFTER.
TOGETHER WITH ALL THE BALANCE OF THE DEFENDANT'S PERSONAL
PROPERTY SEIZED AND TAKEN IN EXECUTION AS PROPERTY OF WARREN
SCOTT, I/D/B/A YOUR HAIR STATION AND RICHARD BUTLER, I/DB/A YOUR
HAIR STATION, AT, 34 NORTH CORPORATION STREET, SUITE TWO,
NEWVILLE, CUMBERLAND COUNTY, PENNSYLVANIA.
AND TO BE SOLD BY:
R. THOMAS KLINE, SHERIFF
CUMBERLAND COUNTY SHERIFF'S OFFICE
CARLISLE, PA 17013
POSTED "M 9 1 Ka µ "a a- 08' Ca-) 3 8
CUMBERLAND COUNTY
SHERIFF'S OFFICE
CARLISLE, PA 17013
i
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that due
and legal notice having been given according to law, he sold the personal property
of, Warren Scott, I/DB/A Your Hair Station and Richard Butler, DB/A Your
Hair Station, of, 34 North Corporation Street, Suite 2, Newville, Pennsylvania
17241 for the sum of $1.00, it being the highest bid and price quoted for the
same. Date and Time of sale, Wednesday April 30, 2008 at, 3:00 P.M.E.D.S.T.,
at, 34 North Corporation Street, Suite 2, Newville, Cumberland County
Pennsylvania.
So Answers-
R. Thomas Kline, Sheriff
By 0i 0,J l " L
S?w?y? and Su cribed to before me this
1J-'+`--flay of 2009 A.D.
ary Public
NOTARIAL SEAL
CLAUDIA A. BREWBAKER, NOTARY PUBUC
Carlisle Boro. Cumbedand County
Commission Expires April 4, 2009
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