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HomeMy WebLinkAbout06-6899GDW, 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. G (~ - 'p a '7~l C.1 v 1 ( I c sr. 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 ejectment in favor of the plaintiff and against the defendant for possession of the real property described as follows: 34 North Corporation Street, Suite 2, Newville, Cumberland County, Pennsylvania 17241. ~~~ Attorney for Defendants ~ ^~' ~ o !~ ~.. ~-' r~ ~ :> - ' „'~ ~ r~- ~ ` .~ ~ _~ V ~ _-~ i4 "'~ f - ~ .~- s~ J i -+ N ~ ..,, -,~ 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 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 CIVIL ACTION-LAW CONFESSION OF JUDGMENT COMPLAINT IN EJECTMENT 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. The property at issue is a portion of that real property as described in the legal description attached hereto as Exhibit "B" and incorporated by reference. 7. Plaintiff purchased the property referenced on Exhibit "B" on March 31, 2003 by deed recorded at Book 256, Page 1697, with the Recorder of Deeds of Cumberland County. 8. Plaintiff avers that to its knowledge judgment is not being entered herein against a natural person in connection with a residential lease. 9. Plaintiff avers that no party to the Commercial Lease has assigned any portion of their interest in said Commercial Lease to any other person or entity. 10. Plaintiff avers that to its knowledge no judgment in ejectment has been entered against Defendants with regard to the aforesaid Commercial Lease in any jurisdiction. 11. Defendants have defaulted under the terms of the Commercial Lease by failing and refusing to make rent payments due under the Commercial Lease. 12. Notice was provided to Defendants of their default and the necessity of curing said default. 13. Defendants failed to cure their default after notice. WHEREFORE, Plaintiff requests judgment in ejectment be entered in its favor and against Defendants together with costs and expenses of this action. Respectfully submitted, O' N, BARK SCHE David A. Banc, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dit/corporate/gdw/ejectmentcomplaint.pld ~~ ~~ !~ -V ~~~ COMMERCIAL LEASE THIS LEASE entered into this 1st day of September, 2005, by and between GDW, LLC, of Mystic, New London, Connecticut, (Landlord) and Warren Scott and Richazd Butler, of Newville, Pennsylvania, (Tenant). WITNESSETH: Landlord hereby leases to Tenant and Tenant leases ;from Landlord, for the term and upon the teems 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• 'T'ERM. This lease shall extend for a term of five (5) years, Said term to begin the 1st day of September, 2005 and to end the 31 st day of August, 2010. Said term to be automatically renewable for a five (5) yeaz 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 term. 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" 02 06 04:12p GDW LLC 860 536-8250 p.5 the yearly rent shall increase by three percent {3%). First payment due the 1st day of September, 2005 and thereafter on the 1st 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 Laadiord. At the conclusion of the lease team Landlord shall refund the security deposit to Tenant less any costs and expenses incurred by Landlord to repair the premises. 'I• 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 Iimited to heat, air conditioning, water and sewer, and electric which shall be separately metered for the azea leased to Tenant. Tenant shall be responsble for removal of snow from sidewalk and Landlord shall be responsible for snow removal from the parking area, Tenant shall be responsible for burglaz alarm maintenance and Landlord shall be responsible for fire and smoke alarm maintenance. The parties recognize and agree that the burglar, Sre and smoke alarms are all provided under one contract with ADT. Landlord sha1I 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. 04:12p GDW LLC 860 536-8250 p.6 6• TA~'~ES. Landlord shall be Tesponsible for the payment of all real estate taxes levied on the premises. ~• INSURANCE. Tenant shall, at ail times during the term of this Lease and any extensions hereof a) purchase and maintain Public Liability insurance, including bodily ~.lm'Y 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 alt 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 regwired hereunder shall be delivered to Landlord as requested from time to time. 8. SIGNS. Tenant shall have the right to place such signs as aze usual and incidental to~Tenant's business, provided, however, such external signs must conform with ail 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 3 04:12p GDW LLC 860 536-8250 p.7 the premises. Tenant shall be responsible for interior maintenance of the demised premises and shall retsYrn the premises to Landlord at the expiration of the team 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 azea 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 atwenty-four hour period) egiupment, materials or vehicles in the parking spaces adjacent to the building. 11. AL'I'ERATTONS 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 equipm~k trade and other fixtures which become attached to the property shall become property of the Landlord. Approved structiu~l 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 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. Tf the demised premises or the building of which they aze 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 term 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 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 &ee 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. 6 tVov 02 06 04:13p GDW LLC 860 536-8250 p. 10 14. COMPLIANCE WITH LAWS. Tenant will promptly comply with all applicable aad valid laws, ordinances and regulations of Federal, State, County, Municipal or other Iawful 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, Iaws or ordinances pertaining to the exterior of the properly and building, shall be the responsibility of the Landlord. e Nov 02 06 04:13p GDW LLC 860 536-8250 p.ll l5 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 sha11 be divided equally between Tenant and Landlord. Hov 02 06 04:13p GDW l_LC l7. 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: I) Non-payment of rent for a period often (I 0) days following the due date, provided Landlord shall have given Tenant written notice of said non-payment and an additional fifteen (IS) day opportunity to cure said default in payment. 2) Breach of any of the other covenants of this Iease 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. I) 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 maybe 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, 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 ail errors and defects in entering such judgment and further waives and releases all relief from any and atl 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 caIlect 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 teen, 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 Waxrant; 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 ex~sthg~ concurrently or successively, one or more other remedies provided herein, or authorized bylaw. io 04:14p GDW LLC 860 536-8250 p. 15 18. LANDLORD'S COVENS, 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 denused premises which will prevent Tenant from conducting their usual business. 19• QUIET ENJOYMENT. Tenant upon paying the rent and perforating 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 prennises leased hereunder. This Subordination Agreement shall beself-operative and no further instrument or certificate of subordination shall be required from Tenant. 2I . 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. Lariiilord: GDW, LLC 12 nov uz 06 04;14p GDW LLC . 860 536-8250 p. 16 Tenant: ~. 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 romises r P , epreSentations or inducements except such as are herein provided 24. NO'T'ICE OF VIOLATIONS. Landlord represents and warrants that it has received no notices that the premises are in violations of any laws, ordinances, and/or re latio relating to the ~~ thereof or of any violations of building codes or other la ~ ~ and/or ms's, ordmances regulations. This lease agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, Iegal representatives, successors and assigns. 25. ASSIGNMENT AND S~LETTING. Tenant shall not have the right to assign or sublease the whole or any part of the demised premises without the prior written consent of Landlord. 13 Mov 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 sy: ~7 ~; , n~~~~ (sue) Title: (~~, ~; ~~ (Seal) Tenant Tenant (Seal) ]4 LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Newville, County of Cumberland and State of Pennsylvania, bounded and limited as follows: BEGINNING at a spike in the eastern curb line of Corporation Street at corner where southern edge of Maryland Avenue as relocated by the Borough of Newville intersects the eastern curb line of Corporation Street; thence along Maryland Avenue and lands now or formerly of Newville Little League, Inc. North 71 degrees 30 minutes East 200.27 feet to an iron pin; thence along lands now or formerly of Newville Little League, Inc. South 72 degrees East 98.00 feet to an iron pin; thence along same South 35 degrees East 3.03 feet to an iron pin; thence over lands of Grantors herein South 58 degrees 43 minutes West 247.25 feet to an iron pin in the eastern curb line of Corporation Street (it being the intention of the Grantors herein that the southern building line of bowling alley building presently located on the premises shall along its entire length be parallel to the last-mentioned course); thence along the eastern curb line of Corporation Street North 37 minutes 10 seconds West 122.19 feet to a spike in the eastern curb line of Corporation Street at corner where southern edge of Maryland Avenue as relocated by the Borough of Newville intersects the eastern curb line of Corporation Street, the place of BEGINNING. BEING the same premises which Roger A. Hoover, Charles L. Hoover and Shirley L. Hoover, by Deed dated and recorded even date herewith, granted and conveyed unto GDW, LLC, Mortgagors herein. EXHIBIT "B" z ~ _ ~: ~ ~ ; W n ri"T'T ~ :,~~~ ~~1 r3 ~ p-- '~ $ ~ ..-.. :s3 -< o ~ g `~ GDW, LLC, v. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA WARREN SCOTT and RICHARD BUTLER, individually and d/b/a Your Hair Station, Defendants. NO. ~ _ ~ g~ ~ ~~ 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, Pennsylv is 17241 David A. Baric, Esquire SwornQto and subscri~b„ed~be~folre -m' e this ~ u~day of ~i IAUAX,/-1~1 , 2006. dab.dir/corporate/gdw/add ress. aff COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer S. Lindsay, Notary Public Carlisle Boro, Cumberland County MY Commission Expires Nov. 29, 2007 Member, Pennsylvania Association Of Notaries na ~ ~ - r r7 -ct ~-; ~ ` - _; -~. - ~' ~ ~ rr rt7 r-- ' -~ ~ -~ ` p - ~ i_ ~ ~.. ~cJ ~y d _ G:. t" v .. _ ! ~~ ~~- ~ , Lr.~ ~ 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. Q~ _ 1og99 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, ' EN, BARIC & SCH R David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/corporate/gdw/com mercialtransaction.a ff N O .. ~ t.j ~~LT' - ~ ~ , C ~ .a~ ~ r ~~, = ~ i i", ~^ !-= `- ~ .,a o~) . `__ ~ ~ _ ~~ ~:; (~ ~ J f°I3 !V ~} C.,;: ^G i 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 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. Pro`~Tion tary Date: _ ~ _ ' ~, a~~ GDW, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ~(o - ~~9 ~ C~li~r WARREN SCOTT and RICHARD BUTLER, individually and d/b/a Your Hair Station, Defendants. 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. ~' f Prothonot Date: ~4[~ .~0. ~ .. ~ 4 SHERIFF'S RETURN - REGULAR CASE N0: 2006-06899 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GDW LLC VS SCOTT WARREN ET AL I says, the within NOTICE UNDER RULE 2958.1 was served upo'~ ~(''(l'TT SA~RRRN TIRA V(ITTR NATR 4TATTnN the ROBERT BITNER Sheriff or Deputy Sheriff f Cumberland County,Pennsylvania, who being duly sworn accor 'ng to law, DEFENDANT at 1200:00 HOURS, on the 15th day of Dece er 2006 at 34 N CORPORATION ST SUITE #2 NEWVILLE, PA 17241 by handing to I~ WARREN SCOTT a true and attested copy of NOTICE UNDER RULE 2958.1 toge~ er with and at the same time directing His attention to the contenll; thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 10.56 ~ ~~,~ i~~~I*' Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 ~ 3-~ 8.56 12/28/2006 ,/a _316 ~ ~"~~ OBRIEN BARI C SCHERER Sworn and Subscibed to By: l .~~ before me this day ~ Deputy Sh of A.D. ri •...~ .r.r .:.r ..r.. ..,r.. +.~ ~ Y SHERIFF'S RETURN - REGULAR CASE NO: 2006-06899 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GDW LLC VS SCOTT WARREN ET AL JASON MORAL Sheriff or Deputy Sheriff f Cumberland County,Pennsylvania, who being duly sworn acco ing to law, says, the within NOTICE UNDER RULE 2958.1 was served upo BUTLER RICHARD DBA YOUR HAIR STATION the DEFENDANT at 1616:00 HOURS, on the 27th day of Dece at 348 DOUBLING GAP ROAD NEWVILLE, PA 17241 by handing to RICHARD BUTLER r 2006 a true and attested copy of NOTICE UNDER RULE 2958.1 toge~~er with and at the same time directing His attention to the contenlc~ thereof. Sheriff's Costs: Docketing 6.00 Service 10.56 Postage .39 Surcharge 10.00 / GbyS //j3 /b 7 Sworn and Subscibed to before me this day of So Answers: ~'f ~.`,~~7~,.r~~rrt~ R. Thomas Kline 12/28/2006 OBRIEN BARIC SCHERER By : ~-~ ty Sherif: A.D. .rw ..., .,rr ,.~ ,~