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NU CHING CHU and
CHIN CHUN CHU,
Plaintiffa
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I 94- q q n. "I TERM CIVIL
I
I CIVIL ACTION - LAW
I
I
I
I CONFESSION FOR JUDGMENT
v
HAMDY A. ALl and
WAGDI A. ELHARAS, t/d/b/a
CARLISLE DINER,
Defendants
CONFESSION OF JUDOMBNT-NONEY
Pursuant to the authority contained in the warrant of attorney, the
original or copy of which is attached to the Complaint filed in
this action, I appear for the Defendants and confess judgment in
favor of the Plaintiffs and against the Defendants as followsl
A. Past Due Rental $ 11,000
Insurance Coverage $ 1,100
Pennsylvania Turnpike
Commission Assessment $ 28
Late Fees $ 550
Attorney's Fees $ 500
TOTAL $
Datel
>>f31 /9 e-j
, ,
Chr sto her
Attorney for Plaintiffs
Broujos, Gilroy & Houston, P.C.
4 North Hanover Street
Carlisle, PA 17013
717 - 243-4574
.
.
v
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PBNNSYLVANIA
I
I 94- TERM CIVIL
I
I CIVIL ACTION - LAW
I
I
I
I CONFESSION FOR JUDGMENT
MU CHING CHU and
CHIN CHUN CHU,
Plaintiff.
HANDY A. ALl and
WAGDI A. ELHARAS, t/d/b/a
CARLISLE DINER,
Defendants
~rE88ION or JUDGMBNT-IJICTMBNT
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 Plaintiffs and against the Defendants for
possession of the real property described as followsl
ALL that certain tract or parcel of land, together with
the imfrovements thereon located, situate in Middlesex
Townsh p, Cumberland County, Pennsylvania, more
particularly bounded and described as follows I
BEGINNING at a point on the northwest corner of Tract No.
2 herein (at the end of the third course in the
description thereof); thence along the eastern right of
way line of tha Turnpike Carlisle Interchange ramps the
following three (3) courses I ( 1) North 34 degrees 34
minutes 45 seconds West, 98.41 feet; (2) by a curve to
the right an arc distance of 182.22 feet, the radius of
said arc being 143.02 feet; and (3) North 54 degrees 23
minutes 30 seconds East, 71.40 feet to a corner common to
land now or formerly of Harry W. Albright Estate and the
lands herein conveyed; thence along said lands now or
formerly of the Albright Estate, South 31 degrees 28
minutes 39 seconds East, 200.00 feet to the nort.heast
corner of Tract No. 2 herein; thence along said lands,
South 54 degrees 22 minutes 20 seconds West, 195.50 feet
to the point, the place of BEGINNING.
.
NU CHING CHU and
CHIN CHUN CHU,
Plaintiffs
I IN THB COURT OF COMMON PLBAS OF
I CUMBBRLAND COUNTY, PBNNSYLVANIA
I
I 94- TBRM CIVIL
I
I CIVIL ACTION - LAW
I
I
I
I CONFESSION FOR JUDGMENT
v
HAMDY A. ALl and
WAGDI A. BLHARAS, t/d/b/a
CARI,ISLE DINER,
Defendants
COMPLAINT FOR CONFISSION OF JUDGMBNT
AND NOW, come the Plaintiffs, Mu Ching Chu and Chill Chun Chu, by
and through their attorneys, Broujos, Gilroy' Houston, P.C., who
file this Complaint pursuant to Pa.R.C.P. 2951(b) and 2971(a) for
a judgment by confession and aver as follows:
I
The Plaintiffs are Mu Ching Chu and Chin Chun Chu, adult
individuals, currently residing at 318 Acre Drive, Carlisle,
Cumberland County, Pennsylvania.
2
The Defendants are Hamdy A. Ali and Wagdi A. Elharas, adult
individuals, t/d/b/a Carlisle Diner, with their principal place of
business being located at 1161 Harrisburg Pike, Carlisle,
Cumberland County, Pennsylvania.
3
Attached hereto and marked as Exhibit A and incorporated herein by
reference is a photostatic copy of a Lease Agreement dated May 18,
1994, entered into between the parties, said copy being a true and
correct reproduction of the original.
.
.
4
The attached instrument has not been assigned.
5
Judgment has not been entered on the attached instrument in any
jurisdiction.
6
The Defendants are in default under the attached instl:ument in that
they have failed to pay rent or other sums of money when due.
7
On August 10, 1994, the Plaintiffs, at their direction, forwarded
a notice to the Defendants advising them that they were in default
under the attached instrument, more specifically alleging that the
following amounts of money, including rent, are due and owing to
the Plaintiffs I
A. Past Due Rental $ 2,200 due June 15, 1994
$ 4,400 due July 1, 1994
$ 4,400 due August 1, 1994
$ 550 - 5% Penalty
TOTAL $ 11,550
B. Plaintiff's payment
for insurance coverage $ 1,100
C. Pennsylvania Turnpike
Commission Assftssment $ 28
Attached hereto and marked as Exhibit B is a copy of said letter to
Defendants with attached proof of service.
indebted to the Plaintiffs as followSI
A. Past Due Rental $ 11,000
Insurance Coverage $ 1,100
Pennsylvania Turnpike
Commiflsion Assessment $ 28
Late Fees $ 550
At torney' s Fees $ 500
TOTAL $ 13,178
13
By reason of Defendants' default and pursuant to the language in
the instrument, the Defendants havo authorized and granted a
warrant of attorney to confess judgment against the Defendants for
the total sums due and owing to Plaintiff.
WHEREFORE, Plaintiffs demand judgment in the sum of $13,178, plus
costs, as authorized by the warrant appearing in the attached
instrument.
COUNT II - CONFBSSION or JUDGMENT - BJBCTMENT
14
Paragraph I through 10 are incorporated herein by reference
thereto.
15
By reason of Defendant's default and pursuant to language in the
attached instrument, the Defendants have authorized and granted a
warrant of attorney to conte.. judgment against the Defendants in
ej.otment.
16
By virtue ot the foregoing default, Plaintiffs are entitled to
po.....ion of the following premisesl
ALL that certain tract or parcel of land, together with
the imfrovements thereon located, situate in Middlesex
Town.h p, Cumberland County, Pennsylvania, more
particularly bounded and described as follows:
BEGINNING at a point on the northwest corner of Tract No.
2 herein (at the end of the third course in the
de.cription thereof); thence along the eastern right of
war line of the Turnpike Carlisle Interchange ramps the
fo lowing three (3) courses: ( 1) North 34 degrees 34
minute. 45 seconds West, 98.41 feet; (2) by a curve to
the right an arc distance of 182.22 feet, the radius of
.aid arc being 143.02 feetl and (3) North 54 degrees 23
minute. 30 seconds East, 71.40 feet to a corner common to
land now or formerly of Harry W. Albright Estate and the
lands herein conveyed; thence along said lands now or
formerly of the Albright Estate, South 31 degrees 28
minutes 39 aeconds East, 200.00 feet to the northeast
corner of Tract No. 2 herein; thence along said lands,
South 54 degrees 22 minutes 20 seconds West, 195.50 feet
to the point, the place of BEGINNING.
CONTAINING 0.801 acres. Having thereon erected a two
story concrete block and stucco building formerly known
as the Carlisle Inn.
WHEREFORE, Plaintiffs demand judgment in ejectment for possession
of the above-described premises as authorized by the warrant
appearing in the attached instrument.
ISROUJOS, GILROY lie HOUSTON. P,C,'
A'rfOJIIIN.ve AT ~AW
'" NORTH HANO"." .T.....T
CA"U8LK. PKNN8Vl-VANIA 1701:1
1.,." ........,.. '...'..0
LEASE
THIS LBASB, entered into this / R day of May, 1994, by and
betw.en Mu Ching Chu and Chin -c:FiUn Chu, of 318 Acre Drive,
Carl!.le, Cumberland County, Pennsylvania ("Landlord"), and Hamdy
A. Ali and Wagdi A. Elharas, of 1803 Harrisburg Pike, Carlisle,
Cumberland County, Pennsylvania ("Tenant").
NOW, THEREFORE, in consideration of the premises, mutual terms,
covenant. and conditions herein contained, and the rent reserved to
be paid by Tenant to Landlord, the parties hereto, intending to be
legally bound, do hereby agree and covenant as follows;
1. PRUISES AND PERSONAL PROPERTY. Landlord leases to Tenant and
Tenant lea8e8 from Landlord the improved premises and fixtures at
1161 harrisburg Pike, Carlisle, Cumberland County, pennsrlvania
(the "premlses"), more particularly described as Tract 1 n Deed
Book Y, Volume 32, Page 353, as recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, as
referenced on the attached Exhibit "A", included herein by
reference. The Lease shall include at no additional charge, the
use of all existing black top area, noted as parcel B on the
attached Exhibit "B", which is incorporated herein by reference,
subject to the terms and conditions of the Lease Agreement entered
into between Landlord and Pilot Corporation, for other lands of the
Landlord, with said Lease being dated December 1, 1993. Tenant
shall a180 have the use of the personal property located at the
prem!.e8 described on Exhibit "C" attached hereto and made a part
hereof (the "Personal Property").
2. UBH. The term shall commence on the J ~?\day of /t.o1...;1 ,
1994, (the "Commencement Date") and shall expire seven (7 V years
from June 15, 1994.
3. POSSESSION. Possession of the premises and personal property
shall be delivered to Tenant upon the commencement date.
4. !!.II. The premises and personal property shall be used by
Tenant a8 II restaurant.
5. RENTAL. Tenant shall pay Landlord as rent during the term of
thi. Lease the sum of Four Thousand Four Hundred Dollars
($4,400.00) per month. All rent shall be payable in advance,
punctually and without demand, deduction or set off, payable on the
first day of each month during the term of this Lease at such place
aB Landlord may, from time to time, designate in writing. It i8
anticipated by the parties that the commencement date of this LeaBe
.hall be May 16, 1994. The initial payment of rent shall be on
June 15, 1994, with the sum of Two Thousand Two Hundred Dollarl
($2,200.00) being paid. Thereafter, the monthly rent shall be
EXHIBIT
I~-
payable on th. first day of each month, commencing July 1, 1994, in
the sum of Four Thousand Four Hundred Dollars ($4,400.00), as
aforesaid. The Lease shall expire on June 15, 2001.
In the event the Tenant fails to pay rent or other Bum of money on
or before the sixth day of each and every month, then, and in that
svent, Tenant shall be assesBed a five per cent (5\) penalty.
6. PURCRABJ: OPTION. Tenant shall have the option of purchasing
the premises as follows:
A. On June 15, 1995 for the sum of $520,000 ;
B. On June 15, 1996 for the sum of $515,0001
C. On June 15, 1997 for the sum of $505,000 ;
D. On June 15, 199B for the sum of $495,000;
B. On June 15, 1999 for the sum of $490,000,
F. On June 15, 2000 for the sum of $480,000,and
G. On June 15, 2001 for the sum of $470,000. (hereinafter
"option dates").
Said purchase options shall be subject to the terms and conditions
hereinafter set forth. Tenant shall exeX'cise its option by
providing written notice to Landlord, at which time Landlord shall
be obligated to sell the premises for said sum. Tenant shall
cooperate with Landlord in structuring the sale of the premises as
a tax-free exchange under Section 1031 of the Internal Revenue Code
of 19B6, as amended; and provided, however, that Lessor shall be
sOlelr responsible for any additional liability or expense
assoc ated with such tax-free exchange. In the event Tenant
exercises its option to purchase, said written notice to Landlord
shall be provided to Landlord no later than 120 days prior to any
option date. Closing of the sale shall occur within 15 days from
any option date. Landlord shall transfer the premises by special
warranty deed, free and clear of all liens, easements and
encumbrances, except for ( i) those easements and encumbrances
approved by Tenant in writing at the commencemont of this
Agreement, ( ii) easements or other encumbrances placed on the
premises for Tenant. s benefit, and (iii) monetary encumbrances
which Landlord satisfies and releases at or before the closing.
All realty transfer taxes shall be divided equally between the
parties. The purchase option granted herein is intended by the
parties to be part and parcel of the other covenants and agreements
as set forth herein and shall not be severable in any instance or
circumstance. The parties further agree that the purchase price
shall be allocated as follows: 5\ for contents, 20\ for land, and
75' for the building.
2
7. liT. lilT. lilT LIUI. Tenant agrees with the Landlord that
thia b intended to be a net, net, net leaee with Tenant to pay all
expenses and costs including but not limited to costs of all
utilities, real estate taxes, insurance, interior repairs;
janitorial services, trash removal, alterations, structural
repairs, and maintenance arising out of the operation of the
business located on the premises. Any paragraph contained in this
Lease Agreftmlllnt is intended to define these payments but is not
intended to limit them. At the commencement of this Lease, Tenant
shall pay a prorated share of the 1994 County and Township taxes
and the 1993/94 School taxes. Notwithstanding the foregoing,
Landlord represents and agrees that Landlord shall repair and
replace any leaking roof areas in existence as of the date of the
commencement of the Lease. The initial repair and replacement
only, as aforesaid, shall be Landlord's sole obligation with
respect to repairs to the roof. Landlord agrees to provide Tenant
with any and all warranties given to Landlord for any repairs to
the roof.
Landlord shall also coordinate the closure of three (3) underground
storage tanks currently located on the rroperty, at Landlord' s
expense. Said closure to be consistent w th approved policies of
the Pennsylvania Department of Environmental Resources (DER). The
projected closure will be January-March 1995, during which time
Tenant will agree to allow Landlord to initiate and complete said
closure without Tenant imposing upon Landlord any business
interruption costs. Tenant further acknowledges that the closure
dates may be adjusted pursuant to DER mandates.
8. COMPLIANCE KITH LAKS AND CONDITION 0.. PItEMISIS. Tenant shall
comply with all laws, ordinances, regulations and insurance
requirements concerning the premises and any fixtures, machinery or
equipment therein, and Tenant's use of the premises. Tenant has
examined and knows the condition of the premises, and acknowledges
that no representations as to the condition and repair thereof have
been made by the Landlord or its agents prior to or at the
exscution of the Lease that are not herein expressed, and accepts
the premises in an "as is" condition without warranty as to their
suitability for any particular use.
9. MAINTENANCE.
A. Exterior. Tenant, at its cost, shall pay all charges and
expenses for improving, repairing, cleaning, altering, and
3
maintaining the exterior of the premises, inoluding parking
areas, in a good, neat, attraotive, and servioeable condition,
and further shall oause snow to be removed promptly from all
walkways and parking areas. Tenant I s obligations, a. set
forth herein, shall inolude that portion of other lands owned
by Landlord, as more particularly identified on Exhibit "'''.
B. Interior. Tenant, at its cost, shall perform routine
cleaning and maintenance of the interior of the structure on
the premises to include janitorial, rug cleaning and
maintenance of all mechanical elements, including heating, air
conditioning, lighting, and plumbing, includini' if necessary,
the replacement of the heating and air cond tioning units.
Tenant 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.
C. Pereonal ProDertv. Tenant, at its cost, shall maintain
the personal property which is a part of this Lease. In the
event Tenant exercises its option to purchase the title to all
personal property which is part of this Lease shall vest in
Tenant free and clear of all liens and encumbrances and
Landlord shall relinquish and release the same and hereby
grants, conveys and quit claims the same to Tenant.
10. STRUCTURAL ALTERATIONS. Tenant shall not make any structural
alterations to the premises without Landlord's prior written
consent. Landlord shall not unreasonably withhold its consent for
any structural alterations. In any event, before such alterations
are made, Tenant shall cause a Stipulation Against Liens to be
recorded at the appropriate office at the Cumberland County
Courthouse.
11. NONSTRUCTURAL ALTERATIONS AND FIXTURES. Tenant, at its cost,
may make reasonable nonstructural alterations to the interior of
the premises and may attach or build into the premiseB such
equipment, machinery and fixtures therein as Tenant requires in
order to conduct it bUBineBs on the premiees. Such machinery and
fixtures which are attached or built into the premises shall
become the property of Landlord upon expiration or termination of
this Lease.
12. Hm:HANICS' LIENS. Tenant will not permit any mechanic's claim
or lien to be placed upon the premises or any building or
4
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improvement con.UtuUng a part thereof during the term, and in
ca.e of the filing of any such claim or linen, Tenant will promptly
diecharge same or procure a lien release bond by a good and
sufficient surety corporation in an amount equal to one-half (1/2)
times the amount of the claim or lien. If default in discharge
thereof or procuring of a bond shall continue for thirty (30) day.
after written notice from Landlord to the Tenant, the Landlord
shall have the right and privilege at Landlord's option of paying
the same or any portion thereof without inquiry as to the validity
thereof, and any amounts so paid, including expenses and interest
shall be deemed additional rental due and payable by Tenant to
Landlord.
13. UTILITIBS AND SBRVICBS. Tenant shall make arrangements for and
pay for all utilities and services furnishsd including, without
limitation, gas, electricity, water, telephone service, heat, air
conditioning, sewerage, and trash collection, and for all
connection charges.
14. INDEMNITY AND BXCULPATIONl INSURANCE.
A. IxculDation of Landlord. Landlord shall not be liable to
Tenant for any damage to Tenant or Tenant's property from any
cause, including any defective condition of any part of the
premises, whether or not caused by landlord's negligence,
except for such conditions that existed prior to the date of
this Lease. Tenant waives all claims against Landlord for
damage to person or property arising for any reason, from the
date of the lease, except that Landlord shall be liable to
Tenant for damage to Tenant resulting from the grossly
negligent acts or omissions of Landlord or its authorized
representatives.
B. Indemnitv. Tenant shall hold Landlord harmless from all
damages arising out of any damage to any person or property
occurring in, on, or about the premises, except that Landlord
shall be liable to Tenant for damage resulting from the acts
or omissions of landlord or its authorized representatives or
for such damages that arise from claims that existed prior to
the date of the lease. Landlord shall hold Tenant harmless
from all damages arising out of any such damage. A party's
obligation under this paragraph to indemnify and hold the
5
other party harmless shall be limited to the sum that exceed.
the ADlount of insurance proceeds, if any, received by the
party being indemnified.
C. Publio Liabilitv and ProDertv D.....a. Inluranoe. Tenant,
at its cost, shall obtain combined bodily injury and property
damage liability insurance with a liability limit of not less
than One Million Dollars ($1,000,000.00) per occurrence,
insuring against all liability of Tenant and its authorized
representatives arising out of and in connection with Tenant's
use or occupancy of the premises.
All public liability insurance and property damage insurance
shall insure performance by Tenant of the indemnity provisions
of Subparagraph (B) above. Both parties $hall be nADIed as co-
insurers, and the policy shall contain a cro:!ls-liability
endorsement.
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D. Tenant's Fire Insurance. Tenant, at its cost, shall
maintain on all of Landlord's and Tenant's personal property,
Tenant' and Landlord' s improvements, and alterations, in, on,
or about the premises, a policy of standard fire and extended
coverage insurance, with vandalism and malicious mischief .f7,.",~
endorsements, to the extent of at least one hundred per cent <
(100') of their va~o'(,it.tl a minimum limit of 'P\l8Rt.r-1l'iveFIF7y
'iAgIISARd Bolla..s ( 000.00). The proceeds from any such
policy shall be used by Tenant for the replacement of personal
property of the restoration of Tenant's and Landlord's
improvements or alterations.
E. Fir. Insurance on Buildina and Oth.r IIIIDrove.entl.
:. :?1', (.:,' _ Tenant, at its expense, shall maintain on the building and
. ' other improvements that are a part of the premises a policy of
. / _ standard fire and extended coverage insurance to the extent o~ _
~_ at least full replacement value with a minimum limit of i'el!!,;:>S~OdC>
. H\mdred TA9U81lRd gollars (W*,OOO.OO). The insurance policy
. shall be issued in the na~~f Landlord and Tenant as their
VJ::'#-0f _interests appear, and shall contain a standard mortgagee
endorsement in favor of the holder of any mortgage holder
having a lien against the premises.
F. Lo.. of Inoollle Coveraa.. Tenant shall obtain and pay for
loss of income coverage in an amount sufficient to cover one
hundred per cent (100') of the rent and all additional
6
payments due and payable as additional rent hereunder to
Landlord for a period of up to twelve (12) months. The
parties agree that Tenant shall obtain said coverage,
however, in the event Tenant can not obtain said lose of
income coverage and Landlord obtains the coverage, then and in
that event, Tenant shall reimburse Landlord for the cost of
said coverage within fifteen (15) days of receipt of the cost
of said coverage from the Landlord. The Tenant's failure to
obtain said coverage shall not be an event of default
hereunder. Tenant. s failure to pay for lIaid coverage if
Landlord obtains same shall be an event of default hereunder.
G. Proof of Insurance. Proof of all insurances as required
hereunder shall be delivered to Landlord and Landlord's
mortgagee as requested by either from time to time.
15. DESTRUCTION AND RESTORATION. If, during the term of this
Lease, the structure is so damaged by fire or other casualty that
the premises are rendered wholly unfit for occupancy, then, at
Tenant.s option, the term of this lease, upon written notice from
Tenant given within sixty (60) days after the occurrence of such
damage, shall terminate as of the date of the occurrence of ouch
damage. In such case, Tenant shall pay the rent apportioned to the
time of such termination and Landlord may enter upon and repossess
the demised premises without further notice to Tenant. If Tenant
does not elect to terminate the term of this Lease, Landlord will
repair the structure and payment of rent shall abate until the
premises are ready to be occupied by Tenant for the conduct of his
business. The Lease shall then be extended for a period of time
equal to the time the premises were unoccupied by Tenant. If the
premises shall be only slightly damaged so that such damage or the
damage to the structure does not render the premises unfit for
occupancy, Landlord shall repair whatever portion, if any, of the
premises that may have been damaged and Tenant will continue in
possession and rent will not be apportioned or suspended.
16. CONDEMNATION.
A. Definition.
(1) "Condemnation" means (i) the exercise of any
governmental power, whether by legal proceedings or
otherwise by a condemnor and (ii) a voluntary sale or
transfer by Landlord to any condemnor, in lieu of
condemnation, under threat of condemnation or while legal
proceedings for condemnation are pending. .
7
(2) "Date of taking" means the date the condemnor has
the right to possession of the property being condemnsd.
(3) "Award" means all compensation, sums, or anything of
value awarded, paid, or received on a total or partial
condemnation.
(4) "Condemnor" means any public or quasi-public
authority, or private corporation or individual, having
the power of condemnation.
B. Partie.' RiQht. and ObliQation. to be Governed bv Lea.e.
If, during the term, there is any taking for all or any part
of the premises or any interest in this Lease by condemnation,
the rights and obligations of the parties shall be determined
pursuant to this paragraph.
C. Total TakinQ. If the premises are totally taken by
condemnation, this Lease shall terminate on the date of
taking.
D. Partial TakinQ.
1. Effect on Lease - If any portion of the premi8es i8
taken by condemnation, this Lease shall remain in effect,
except that Tenant can elect to terminate this Lease if
the remaining portion of the building or other
improvements or the parking area that are a part of the
premiees is rendered unsuitable for Tenant's continued
use of the premises. If Tenant elects to terminate thi8
Lease, Tenant must exercise its right to terminate,
pursuant to this paragraph by giving notice to Landlord
within thirty (30) days after the nature and the extent
of the taking have been determined. If Tenant elect8 to
terminate this Lease as provided in this paragraph,
Tenant also shall notify Landlord of the date of
termination, which date shall not be earlier than thirty
(30) days nor later than ninety (90) days after Tenant
has notified Landlord of its election to terminate on the
date of taking if the date of taking falls on a date
before the date of termination as designated by Tenant.
8
If Tenant does not terminate this Lease within the thirty
(30) day period, this Lease shall continue in full force
and effect, except that the monthly rent shall be reduced
pursuant to this paragraph.
2. Effect on Rent - If any portion of the premises is
taken by condemnation and this Lease remain. in full
force and effect, on the date of taking the monthly rent
shall be reduced by an amount that is in the same ratio
to Monthly Rent as the value of the area of the portion
of the premises taken bears to the total value of the
premises immediately before the date of taking.
3. Restoration of Premises - If there is a partial
taking of the premises and this Lease remains in full
force and effect, Landlord, at its cost, shall accomplish
all necessary restoration.
Rent shall be abated or reduced during the period from
the date of taking until the completion of restoration,
but all other obligations of Tenant, under this lease,
shall remain in full force and effect. Tho abatement or
reduction of rent shall be based on the extent to which
the restoration interferes with Tenant's use of the
premises.
E. Award Dhtributism. The entire award shall belong to and
be paid to Landlord, except that Tenant shall receive from
the award the following=
1. A sum attributable to Tenant's improvements or
alterations made to the premises by Tenant in accordance
with this Lease, which Tenant's improvements or
alterations Tenant has the right to remove from the
premises, pursuant to the provisions of this Lease, but
elect8 not to remove; and
2. A sum attributable to that portion of the award
constituting Tenant's relocation cost8, if included in
the award; and
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3. Any special damage which, by their nature, are
awardable only to the Tenant and would not, under any
circumstances nor under any provision of this Lease, be
awardable to Landlord.
17. A8SIGNMJ:NT AND SUBLETTING. Tenant shall not have the right to
assign or sublease the whole or any part of the premi8es without
the prior written consent of Landlord, which consent 8hall not be
unreasonably withheld. In the event of an assignment or sublet,
Tenant shall remain responsible to Landlord for the terms and
conditions of this lease agreement.
18. QUIET ENJOYMENT. Landlord covenants to allow Tenant quietly
and peaceably to enjoy ponession of the premises free from
interference or interruption of Landlord or any other person
claiming under or through Landlord, and Landlord represents to
Tenant that it has a sufficient ownership interest in the premises
to enter into and carry out the provisions of this Lease.
19. NON-LIABILITY or LANDLORD. Landlord shall not be liable for
any damage occasioned by failure of the premises to be in repair,
nor for any damage done or occasioned by or from plumbing, gas,
water, sprinkler, steam or other pipes or sewerage, or the
bur.ting, leaking or running of any tank, washstand, water closet
or waste pipe in, above, upon or about the premises or improvements
constituting a part thereof, nor for anr damage occasioned by
water, snow or ice being upon or com ng through the roof,
skylights, trap door or otherwise, except for those conditions
which would have been in existence at the conunencement of this
lease agreement.
20. BANKRUPTCY OR INSOLVENCY. If any transfer of Tenant's
interest in the premises created by this Lease shall be made under
execution or similar legal process, or if a petition is filed by or
again8t Tenant to adjudicate Tenant a bankruptcy or insolvent under
any Federal or State law, or if a receiver or trustee shall be
appointed for Tenant's business or property and such appointment is
not vacated within ten (10) days, or if a petition or answer is
filed by or against Tenant under any provision of Federal or State
law seeking a reorganization of Tenant or an arrangement with its
creditor., or if Tenant makes an assignment or deed of trust for
the benefit of its creditors, or if in any other manner Tenant's
interest under this Lease shall paas to another by operation of
law, then, in any of said events, Tenant shall be deemed to have
10
committed a material breach of this Lease and an event of default,
and Landlord may, at its option, exercise its remedies under thi.
Leas. without notice or opportunity to cure.
21. NOTICES. All noticee or other communications, pursuant
thereto, to any party shall be in writing and shall be deemed giv.~
when delivered personally or deposited in the united states mail,
postage prepaid, return receipt requested, addrened to the parties
at thll addreuee set out below, or at such other address a.
provided for by a notice complying with this paragraph I
TO LANDLORDI Mu Ching Chu and Chin Chun Chu
3lB Acre Drive
Carlisle, PA 17013
TO TENANTI Hamdy A. Ali and Wagdi A. Elharas
22. DEFAULT.
A. Tenant'. Default. The occurrence of any of the following
shall constitute an event of default by Tenantl
1. Failure to pay rent or other sum of money (including
deposits) when due, or to have effective insurance
coverage per the terms of this Lease, if the failure
continues for fifteen (IS) days after wdtten notice has
been given to cure the default.
2. Failure to perform any other provision of this Lease
if the failure to perform is not cured within thirty (30)
days after notice has been given to Tenant to cure the
default. If the default cannot reasonably be cured
within thirty (30) days, Tenant shall not be in default
of this Lease if Tenant commences to cure the default
within the thirty (30) day period and diligently and in
good faith continues to cure the default; provided,
however, that Landlord's interest in the premises are not
prejudiced in the interim.
Notices given under this paragraph shall be in writing
and 8ent by certified mail, return receipt requested,
postage prepaid, and shall specify the alleged default,
11
and shall demand that Tenant perform the provisions of
this Lease or pay the rent that is in arrears, as the
case may be, within the applicable period of time. No
such notice shall be deemed a forfeiture or a termination
of this Lease unless Landlord so elects in the notice.
B. Landlord's Remedie.. Landlord shall have the following
remedies if Tenant commits an event of default. The.e
remedies are not exclusive, they are cumulative in addition to
any remedies now or later allowed by law or equity.
1. Tenant's Right to Possession Not Terminated
Landlord can continue th.i.s Lease in full force and
effect, and the Lease will continue in effect as long as
Landlord does not terminate Tenant's right to posses8ion,
and Landlord shall have the right to collect rent when
due. No act by Landlord allowed by this paragraph shall
terminate this Lease unless Landlord notifies Tenant that
Landlord elects to terminate this lease.
2. Termination of Tenant's right to Possession
Landlord can terminate all of Tenant's rights hereunder,
including Tenant's right to possession of the premises at
any time. Tenant shall quit and surrender the premises
to Landlord on the date Landlord terminates this lease.
No act or omission by Landlord other than giving notice
to Tenant shall terminate this Lease. On termination,
Landlord has the right to recover from Tenant immediately
the total unpaid rental, not to exceed rent payable for
a twelve (12) month period, and any other amounts, and
court costs and reasonable attorney's fees, necessary to
compensate landlord for all damages arising out of or
relating to Tenant's default.
3. Landlord's right to Cure Tenant's Default
Landlord, any time after Tenant commits a default, can
cure the default at Tenant's cost. If Landlord, at
anytime, by reason of Tenant's default, pays any sum or
does any act that requires the payment of any sum, the
sum paid by Landlord shall be due immediately from Tenant
to Landlord at the time the sum is paid, and if paid at
a later date, shall bear interest at the rate of ten per
12
cent (10%) per annum from the date the sum is paid by
Landlord until Landlord is reimbursed by Tenant. The
sum, together with interest on it, shall be additional
rent.
4. Confession of Judgment Tenant doe8 hereby
irrevocably constitute any attorney of any Court of
Record in any State of the united States, attorney for it
and in its name, to appear for and confess judgment
against Tenant without prior notice to Tenant or prior
opportunity to be heard, for the amount of rent and any
other sum8 may be in default by virtue of the terms
hereof, which may be measured from the time of default
for a period not exceeding twelve (12) months, or the
expiration of any holding-over-period, with or without
declaration, together with the costs of such proceedings
and release of err.ors, without stay of execution, and a
reasonable sum for plaintiff's attorney's fees, and for
said purposes t.o file in said cauoe its cognovit thereof,
and to make an agreement in said cognovit, or elsewhere,
waiving and releasing all errors which may intervene in
any such proceeding, and waiving and releasing all right
of appeal, and also waiving the right of inquisition on
any real estate levied on, and Tenant voluntarily
condemns the same, and consents to an immediate execution
upon all relief from any and all appraisement, stay or
exemption law of any state now in force or hereafter
enacted. If a copy of this Lease, verified by affidavit
of Landlord or someone on behalf of the Landlord shall
have been filed in such action, it shall not be necessary
to file the original Lease as a warrant of attorney. if
there are guarantors of this Lease, this warrant of
attorney is given jointly and severally, and shall
authorize the entry of appearance of, waiver of issuance
of process and trial by jury by and confession of
judgment against, anyone or more of such guarantors, and
shall authorize the performance of every other act in the
name of and on behalf of anyone or more of such
guarantors, and the guarantore hereby confirm all that
said attorney may lawfully do by virtue hereof. The
power conferred by this paragraph is a continuing power,
and may be exercieed as frequently as occasion may
require.
13
IS. Amicable Action In Ejectment Tenant hereby
irrevocably con8titutes any attorney of any Court of
Record in any State of the United StateB, attorney for it
and in its name, from time to time, to enter an amicable
action and judgment in ejeotment against Tenant, using
this Lease or a copy hereof as authority and causing a
writ of possession to be issued, together with a writ of
execution for l1Dlounts due as aforesaid, together with
oosts, attorney's fees and other expenseB of Bale. The
power conferred by this paragraph is a continuing power,
and may be exercised as frequently a8 oocasion may
require.
6. Distraint - Landlord oan enter the premises and
di8treBB and distraint upon and sell any property therein
which may be lawfully subject to distraint.
7. Litigation Cost - If either party to this Lease
shall be in default under the terms of this lease, that
party shall pay costs and expenses, including, but not
limited to, reasonable attorney's fees incurred by the
other party. All such amounts due under this subparagraph
shall be paid within five (5) days of the rendition of a
bill or statement therefor.
23. SIGNS. Tenant, at its cost, may place, construct and maintain
on the premises one or more signs advertising its business at the
premise8, at such location.
24. SUBORDINATION. If a lender to Landlord requires that this
Lease be subordinate to any encumbrance recorded after the date of
this Lease affecting the premises, this Lease shall be subordinate
to that encumbrance, if Landlord first obtains from the lender a
written agreement that provides substantially the following:
"As long afll Tenant performs its obligations under this
Lease, no foreclosure of, deed given in lieu of
foreclosure of, or sale under the encumbrance, and no
steps or procedures taken under the encumbrance, shall
affect Tenant's rights under this Lease."
Tenant shall attOT.n to any purchaser at any foreclosure sale, or to
any grantee or transferee designated in any deed given in lieu of
foreclosure.
14
Ten.nt shall execute the written agreement and any other documents
required by the lender to accomplish the purposes of this
paragraph, and upon failure to do so, hereby irrevocably
constitutes Landlord its attorney-in-fact to execute said documents
in it. name.
25. WAIVER. No delay or omission in the exercise of any right or
remedy of Landlord on any default by Tenant shall impair such a
right or remedy or be construed as a waiver.
The receipt and acceptance by Landlord of delinquent rent shall not
constitute a waiver of any other default; it shall constitute only
a waiver of timely payment for the particular rent payment
involved.
Any waiver by Landlord of any default must be in writing and shall
not be a waiver of any other default concerning the same or any
other provision of this Lease.
26. ACCORD AND SATISFACTION. No payment by Tenant or receipt by
Landlord of a lesser amount than any payment of rent or other sum
herein stipulated shall be deemed to be other than on account of
the earliest stipulated rent or other sum then due and payable, nor
shall any endorsement or statement on any check or any letter
accompanying any check or payment as rent be deemed an accord and
satisfaction, and landlord may accept such check or payment without
prejudice to Landlord's right to recover the balance of such rent
or pursue any other remedy provided in this Lease, at law or in
equity.
27. SURRENDER OF PREMISES. Upon the expiration of this or any
extension thereof or earlier termination of this Lease for any
reason, all fixtures, equipment, improvements and appurtenances
attached to or built into the premises in such a manner as to
become part of the freehold, whether or not by or at the expenses
of Tenant, shall become and remain a part of and be surrendered
with the premises, except that Landlord may elect to require
Tenant, at Tenant's expense, to remove any or all of such fixtures,
equipment, improvements and appurtenances, and Tenant shall restore
the premises to as good condition as existed on the commencement
date. Any furniture, furnishings and other articles of movable
personal property owned by Tenant and located in the premises,
shall be and shall remain the property of Tenant and may be removed
by it any time during the term of this Lease so long as Tenant is
15
not in default of any of its obligations under this Lease, and the
same have not become a part of the freeholdl provided, that if any
of Tenant's yroperty is removed, Tenant shall repair or pay the
cost of repa ring any damage to the premises resulting from yuch
removal.
If Tenant fails to surrender the premises to Landlord upon the
expiration or termination of the term as required by this
paragraph, Tenant shall hold Landlord harmless from all damages
resulting from Tenant's failure to surrender the premises,
including, without limitation, claims made by a succeeding Tenant.
28. ~no: IS or ~HE ESSENCE.
provision of this Lease.
29. GOVERNING LAW. The construction of this Lease and the rights
and remedies of the parties hereto, shall be governed by the law of
the Commonwealth of Pennsylvania.
Time is of the essence of each
30. AMBNDMBNTS. ADDITIONS AND CHANGES. No modification,
amendment, change or addition to this Lease shall be binding on the
parties unle88 reduced to writing and signed by their authorized
representative8.
31. ENTIRE AGREEMENT. This Lease contains the entire
understanding between the parties and supersedes any prior written
or oral agreements between them respecting the within subject
matter. There are no representations, agreements, arrangements, or
understandings, oral or written, between and among the parties
hereto relating to the subject matter of this Lease which are not
fully expressed herein.
31. SEVERABILITY. If any term or provision or portion thereof of
this Lease, or application thereof to any person or circumstance be
held invalid, the remainder of said term or provisions and/or of
this Lease shall not be affected thereby I and, to this end, the
parties hereto agree that the terms and provisions of this Lease
are severable.
32. CONSTRUCTIQN. Wherever the cont.ext so requires, the feminine
gender shall be substituted for the masculine, the masculine for
the feminine or the neuter for either I the singular shall be
substituted for the plural and vice versa. Paragraph headings are
for convenience only and do not constitute a part of this Lease.
16
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JOHN H. BROU/OS
HUBERT;(. GILROY
CHRISTOPHER C. HOUSTON
BROUJOS, GILROY e HOUSTON. P. C.
AITORNEYS AT L-'\W
4 NO"TH H^NOVl" sr"UT
CARLISLE. PENNSYLVANIA 17013
111-;l4J.~&14
NON'TO~~ 'Oil HAMllUUIlC ^"l^'
717-7ee'lello
'N<' ;l4J.e227
August 10, 1994
CIR~I'IID and 'IRST CLASS NAIL
Mr. Hamclr A. Ali
Mr. Wagd A. Elharas
1803 Harrisburg pike
Carlisle, PA 17013
RBI Mu Ching Chu and Ching Chun Cbu
1161 Harrisburg Pik., Carlisl.
Dear Mr. Ali and Mr. Elharas:
As you are aware, this office represents Mr. and Mr8. Chu. As I
had indicated to you in my letter of July 29, Mr. and Mrs. Chu have
been forced to expend their own funds to obtain the insurance
coverage which you are obligated to purchase pursuant to Paragraph
14 of the May 18, 1994 Lease Agreement. The amount of the
expenditure for the insurance coverage is $1,100. In accordance
with Paragraph 22 (A) of the Lease Agreement, your failure to
purchase the insurance is deemed to be an event of default. Your
failure to pay the aforesaid reimbursement to Mr. and Mrs. Chu
within 15 days after the date of this notice shall cause Mr. and
Mrs. Chu to exercise the remedies pursuant to Paragraph 22(8) of
the Lease Agreement.
In addition to the above event of default, you are also in
violation of Paragraph 5 of the Lease Agreement in that you have
failed to pay the aforesaid rental sums:
$2,200 - due June 15, 1994
$4,400 - due July 1, 1994
$4,400 - due August 1, 1994
In addition to the above, in that you have failed to pay the rent
when due, there is assessed a five per cent (5%) penalty, leaving
an additional sum of $550 due and owing.
Finally, there is due and owing a Dum of $28 for an annual
asseesment from the Pennsylvania Turnpike Commission.
EXHIBIT
I 6
.
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Mr. Hamdr A. Ali
Mr.Wagd A. Blharal
2
Augult 10, 1994
Baled on the above, there is a total SUDI due and owing to my
clients of $12,650. Unless payment is received in full within 15
days of the date of this notice, we shall proceed and exercise our
remedies pursuant to Paragraph 22(S) of the Leasft Agr.ement.
Your immediate attention to this matter is appreciated.
Very truly yours, ~/ ~ ~
~C.f./~('a,*" -'
Christopher c. Houston
kb
eCI Mr. and Mrs. Chu
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WRIT OF POSSESSIO:-; 'Ej~ctment Proceedings PRe P 3160.3165 ete}
_~__~~!!1.9.._~~~_!l_l!.~ _~tJL"!. _S~!:1!LS~!L - - - -..
r:-; mE cor:RT OF CO~I~IO:'-I PLEAS OF
Ct'''lBERL.\:'-IO COl':'-'TY, PE:'r.\'S'r1.\'.\:-IY,"
---------------.-.....-------------------...
;-.r.). _ ,~~:~JPL_~~y_i_L.!'!:..r.~________ T~nn \9______
~(.,. ,.'H::49D.'L XiY.i.LTe.rro__n____ T ~rm l~______
\'I,
C~IS
HaJTrly A. Ali and Wagdi A, Elharas
-tfd'lbtau'O!r1.1.'ll'M" Diner .------------,
1161 llarrisburg Pike :
Carlisle, PA 17013 I
,
.\Ct':,.,
------.-----.-.----------------
~__3B..5Ll.____
----------.-.-----------------------------.-
Pl'ff . I. _._____________._.Un_______ S____________
Prothy, .____u________________n_____ ,___!:itO____.
---------------------------------------------------
----------------------------------~----------------
Co~nIO"'WEALTH OF PE~SYLV,....'\(!.\:
COl::'fTY OF Cl.:"lBERL...::w,
T" ,he Sheriff of _____CVDP.llXla.ruL______u_...__nC.-'unty. P~llna.
',r ~ To ,atisiy the jud~.nc 10' p')50~sion in cr.e abo .,.. mac:e' ,,'u are directed to deli"e' ?OSseuion r.<i ,he
loil<1WinlJ de-.lCribed property ,ro,
f1.1 Ching Chu' and Chin Chun Chi
_~_____._______w______~___________________________.____-----------------------------.----------------~
----------------------------------------------.-------------------------------------------
P!:l.;nc:ff 5'
"eing: ',Premises:iS (ollOW'l) :
Premises set forth in the attached legal description in Middlesex Township,
Cun1:>erland County, Pennsylvania, bouncled and described in Exhibit "A" attachecl.
i 2: To ~:he coses ~tl.i...ue the deimcl.:IIIl': "I ,0'1 :lte directed tD :~W tlpon JJ',y ?ro9,w~J ~l :he de*n.
danc ,,3D<i jell :lU her or :bei. [clten.t ::le'e:n.
Dare .._~9.':l!~~}.'__~~.?_4..____ ___.. ____
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,._._1!\~te~_~._~lke~_.__._._________________
?rochQnN;1.~. C.m\:non ?t~:u C"u~ .>i C.amber!and
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
94-4907 CIVIL TERM
CIVIL ACTION - LAW
MU CHING CMU and
CHIN CMUN CMU,
plaintiffS
RAMDI A. ALl and
WAGDI A. ELHARAS, t/d/b/a
CARLISLE DINER,
Defendants
JOHN N. MALLIOS and
VASILIKI MALLIOS,
Garnishees
CONFESSION FOR JUDGMENT
ANSWBRS TO INTERROGATORIBS TO GARNISHEBS
AND NOW COMES John N. Mallios and Vasiliki Mallios,
Garnishees, through their attorneys, Landis, Black & Schorpp, who
answer Plaintiffs Interrogatories as follows:
1. No.
2. No.
3. No. By way of further answer, Garnishees are the owners of
certain real estate and personal property located in said real
estate at 1803 Harrisburg Pike, Carlisle (Middlesex Township),
Cumberland County, Pennsylvania; said real estate and personal
property having been previously subject to a certain Agreement of
Sale dated May 5, 1993, between Garnishees as seller and
Defendants as buyer. Prior to service of these Interrogatories
and prior to service of the Writ of Execution on Garnishees,
Garnishees entered Judgment against Defendants at 94-5825 Civil
Term (Cumberland County) in the amount of $92,190.22; Garnishees
further entered Judgment at 94-5826 civil Term (Cumberland
County) for Replevin of substantially all of the personal
ClRLISLB RESTAURANT IQOIPHBNT LIST
35 Tables
87 Chairs
4 High Chairs
1 waitress station
28 Boothes x 4 = 112
2 Boothes x 6 = 12
1 salad Bar
1 Sharp Electronic ER-2396 cash Register
l Beverage Air Refrigerator
2 Soup Warmers
1 Toastmaster Bread Warmer
1 Sand...ich Un it
1 Refrigerator
Kitchen
3 Gas Steam Tables
1 4-Burner stove
2 8-Burner Vulcan stoves
1 Broaster
2 Gas Fryers with 2 pans each
2 Gas GJ;'illS
1 Bay Mad ne
1 Vulcan Broiler
1 Vulcan convention Oven
1 Convention oven
1 2-000r Refrigerator
1 Hobart Refrigerator
1 walk-in Refrigerator
1 Walk-in Freezer
1 2-Door Victory Freezer
1 Hobart Dishwaaher
1 S/S Sink:
1 Wooden Work Table
1 S/S Work Table
1 Hobart Chopper
1 Hobart Veal Tenderizer
1 S/S Sink
9 S/S Shelves
1 Manitowic Ice Machine
1 Hobart Meat Saw
1 Globe Slice Machine
1 12 Feet Hood with Ansul System
Various Pots and Pans
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MU CHING CHU and I IN THE COURT OF COMMON PLEAS
CHIN CHUN CHU, I OF CUMBERLAND COUNTY,
plaintiffs I PENNSYLVANIA
I
v. I 94-4907 CIVIL TERM
I
HAMDI A. ALl and I CIVIL ACTION - LAW
WAGDI A. ELHARAS, t/d/b/a
CARLISLE DINER,
Defendants
JOHN N. MALLIOS and CONFESSION FOR JUDGMENT
VASILIKI MALLIOS, .
.
Garnishees
~Pl'lRTY CLAIM
TO THE SHERI FF :
(1) The property listed on Exhibit "A", attached hereto and
incorporated herein, and levied upon in this case is not the
property of the Defendants but is the property of the
undersigned. Exhibit "A" lists the claimed property and sets
forth the values thereof.
(2) The claimants obtained title to the property as
follows: by Bill of Sale dated May 5, 1993, a copy of which is
attached hereto and marked Exhibit "B"; Claimants are entitled to
said items pursuant to a Confession of Judgment in Replevin
entered at 94-5826 Civil Term as will more fully appear by
reference thereto; and the items marked with an asterisk are
fixtures which have become part of the real estate which is owned
by Claimants.
Date: I' - "I - l'j Y
. ;(1 JL<( '\l"h~.....,,-((_L""
J n N. Mallios
Date: II~ 1- 9'1
/) / . /p . I!d. '
, ~ I"'.; tU I 7) /.'/. crJ
vasiliki Mallios
35
87
4
1
28
2
1
1
1
2
1
1
1
CAaLIIL. ..ITAURAHT IQUI'KlIT LIlT
Tabl..
Chain
Hi9h Chairs
Waitre.s station
Booth. x 4 - 112
Booths x 6 - 12
Salad Bar
Sharp Electronic ER-2396 Cash Re9ister
Beverage Air Refrigerator
Soup Warmers
Toastmaster Bread Warmer
Sandwich unit
Refrigerator
Kitchen
3 Gas steam Tables
1 4 -Burner Stove
2 8-Burner Vulcan stoves
1 Broaster
2 Gas Fryers with 2 pans each
2 Gas Grills
1 Bay Marine
1 Vulcan Broiler
1 Vulcan Convention Oven
1 Convention Oven
1 2-Door Refrigerator
1 Hobart Refrigerator
1 Walk-in Refrigerator
1 Walk-in Freezer
1 2-Door Victory Freezer
1 Hobart Dishwasher
1 S/S Sink
1 Wooden Work Table
1 S/S Work Table
1 Hobart Chopper
1 Hobart Veal Tenderizer
1 S/B Sink
9 S/S Shelves
1 Manitowic Ice Machine
1 Hobart Meat Saw
1 Globe Slice Machine
1 12 Foot Hood with Ansul system
Various Pots and Pans
UBIBIT 1
WRIT OF EXECUTION end/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF _. cun~xJand___.______._.COUNTY:
To sallsly the debt, Interest and costs due Mu..Cl11ng Chll t1Dl:U:;hin Chlln Chll
NO. (H.:~9()7 CIVIL to< Term
CIVIL ACTION. LAW
__PLAINTlFF(S)
hom HandyA....J\li and..J'/.am_AL.Elhar.a.e.....1/..dLh.J:lld.ilIkJ.lJ.ner.--1JJi I Harrisburg Pike.
.carliBl~....l'a'-..l10J.L_...___._..___.___ ..______.__...______
_ ___________..______._____.____________. ._DEFENDANT(S)
(1) You are dlrecled to levy upon the property olthe delendant(s) and to sell Cash and nny and all
~rso_n..5!l..ill'.9Ilf1.!".fu.Jll!c;:J~j.J:!Y~!".ishat,Jl~__g.9(1Cls , located at 1803 Harrisburq Pike , Carlisle.
Cunberland C'?lln~! Pa~___..____________
(2) You are also directed to attach the property 01 the delendant(s) not levied upon In the possession 01 __
J.9JJn....r:{,_J'l<!.Uios..1!l]Q_.Y.!l_silt~LN~tl.J,iQl'l__?;1.LH.!?J..~er Lane, Carlisle, Pa. 17013 .
____________________________.___..__nn_______GARNISHEE(S) as follows:
Cash and for the r~.l..9f 18Ql__tl9rrJ~burq Pike~arlisl~, Cumberland County, PA, by
aR8foeR8ril9\ftle ggrn1shaene'!S)'Yi\~I~~raW~n~~~~nPffFsg~~~ls~ij~8N/,T\h~~a~liRMffl~fare enjoined from paying any
debt to or for the account 01 the delendant(s) and from delivering any property 01 the dalendant(s) or otherwise disposing
thereol;
(3) tt property olthe defendant(s) ,10t levied upon an subject to aUachmentls lound In the posseSSion 01 anyone other
than a named garnishee, you are directed to notlly him/her that he/she has been added as agarnlshee and Is enjoined as above
staled.
Amount Due _ __S_.1J....128...QO__... ...__... u. __._ .
L.L.
S 0,50
Inlerest __Ernn.J!DlL9.4. .___._.__________ Due Prothy 1.00
Ally's Comm _________.___ % Other Costs
Ally Pald___
Plaintiff Paid
18,OQ_______
Date:
OctobeL1l....1291...___________
LawI'Bnce E. Welker .
Prothonotary, Civil ~ivision
by: ~LM.ut~.
Oeputy
REQUESTING PARTY:
Name .....cbrilitopbu C. Hou:;ton. Esquire ._
Address: A..Nru:th.l!anmler,StreeL-____
Cnrl ia le~.E'a.._l7.Q.l;L_._.___
Anorney for: _..f'lp.!.n.t..lifii.____.____._.____
Telephone: ___712::.2.43.=015 7.4 ......_....________
Supreme Court 10 No. ...__J95Q2.