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UNRUH TURNER BURKE & FREES PC ATTORNEYS FOR PLAINTIFF
BY CHRISTOPHER L TURNER ESQUIRE g; D
Attorney I D NO 200906 E. g '11
PO Box 515 B '—
West Chester PA 19381 0515 ' (I m
(610) 692 1371 E C)
Cturner@utbf com
[)3
E if
VICOLO INC t/a EDMM LP IN THE COURT OF COMMON PLEAs
1810 Wilmington Pike Suite 1
Glen Mills PA 19342 DELAWARE COUNTY, PENNSYLVANIA
Plaintiff CIVIL ACTION LAW
V
PLEXUS FITNESS LLC
d/b/a Empowered Yoga
2000 Pennsylvania Avenue
Wilmington DE 19806
Defendant
\ NO av 30% 005588
TO Plexus Fitness, LLC
d/b/a Empowered Yoga
2000 Pennsylvania Avenue
Wilmington DE 19806
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby
notified that a
JUDGMENT BY CONFESSION has been entered against you in the above
captioned proceeding
and that enclosed herewith 1s a copy of all the (records) documents filed in support of the said
judgment
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL
ATTORNEY Christopher L Turner Esquire at telephone number (610) 692 1371
, Dzrector
Delaware County Prothonotary
Dated 2020 \
Clerk
UNRUH TURNER BURKE & FREES PC ATTORNEYS FOR PLAINTIFF
BY CHRISTOPHER L TURNER ESQUIRE
Attorney 1 D NO 200906
PO Box 515
West Chester PA 19381 0515
(610) 692 1371 L
Ctumer@utbf com I}. g
m :1.
'3 r-
VICOLO INC t/a EDMM LP IN THE COURT OF COMMON PLEASE 1"
1810 Wilmington Pike Suite 1 r3
Glen Mills PA 19342 DELAWARE COUNTY PENNSYLVAFE’A
4.—
Plaintiff CIVIL ACTION LAW
V
PLEXUS FITNESS LLC
d/b/a Empowered Yoga
2000 Pennsylvania Avenue
Wilmington DE 19806
Defendant
No (LU 210910 00 55%?
ENTRY 0F APPEARANCE CONFESSION OF JUDGMENT
AND PRAECIPE FOR ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY
Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of
which is attached to the Complaint filed in this action, I appear for the Defendant, confess judgment
in favor ofthe Plaintiff and against the Defendant, and assess damages against Defendant as follows
Past rental due as of Jan 10 2020 $ 26 597 26
Accelerated rental due $277 987 50
Accelerated CAM expenses $ 37 975 00
Accelerated taxes $ 42 009 34
Attorney 3 fees $ 5 000 00
Total $389 569 10
Respectfully submitted
UNRUH TURNER BURKE & FREES PC
P
Date %’ 97‘ I 8090 By an \
Christopher L Turner, Esquire
Attorney for Plaintiff
UNRUH TURNER BURKE & FREES PC ATTORNEYS FOR PLAINTIFF
BY CHRISTOPHER L TURNER ESQUIRE
Attorney I D NO 200906
PO Box 515
West Chester PA 19381 0515
(610) 692 1371
Cturner@utbf com
VICOLO INC t/a EDMM LP IN THE COURT OF COMMON PLEAS
1810 Wilmington Pike Suite 1
Glen Mills, PA 19342 DELAWARE COUNTY, PENNSYLVANIA
Plaintiff CIVIL ACTION LAW
v
PLEXUS FITNESS LLC
d/b/a Empowered Yoga
2000 Pennsylvania Avenue
Wilmington DE 19806
Defendant
NO
NOTICE REGARDING DEBTOR IDENTIFICATION
A debtor who has been incorrectly identified herein may file and serve a petition pursuant to Pa
R Civ P 2959 and 2967 An incorrectly identified debtor who prevails in such a motion may be
entitled to costs and reasonable attorney fees as detemiined by the court You should contact an
attorney to advise you in connection with this matter
Pa R Civ P 2959 provides that
(a)(1) Relief from a judgment by confession shall be sought by petition Except as provided in
subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be
asserted in a single petition The petition may be filed in the county in which the judgment was
originally entered, in any county to which the judgment has been transferred or in any other county
in which the sheriffhas received a writ of execution directed to the sheriff to enforce the judgment
(2) The ground that the waiver of the due process rights of notice and hearing was not voluntary,
intelligent and knowing shall be raised only (i) in support ofa further request for a stay of execution
where the court has not stayed execution despite the timely filing of a petition for relief from the
judgment and the presentation of prima facie evidence of a defense, and (ii) as provided by Rule
2958 3 or Rule 2973 3 (3) If written notice is served upon the petitioner pursuant to Rule
2956 1(c)(2) or Rule 2973 1(c) the petition shall be filed within thirty days after such service
Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not
timely filed shall be denied (b) If the petition states prima facie grounds for relief the court shall
issue a rule to Show cause and may grant a stay ofproceedings Afier being served with a copy ofthe
petition the plaintiff shall file an answer on or before the return day ofthe rule The return day ofthe
rule shall be fixed by the court by local rule or special order
(c) A party waives all defenses and objections which are not included in the petition or answer
(d) The petition and the rule to Show cause and the answer shall be served as provided in Rule 440
(e) The court shall dispose of the rule on petition and answer, and on any testlmony, depositions,
admissions and other evidence The court for cause shown may stay proceedings on the petition
insofar as it seeks to open the judgment pending disposition of the application to strike off the
judgment If evidence is produced which in a jury trial would require the issues to be submitted to
the jury the court shall open the judgment (f) The lien ofthe judgment or of any levy or attachment
shall be preserved while the proceedings to strike off or open the judgment are pending
Pa R Civ P 2967 provides a form for filing a petition to strike the judgment in accordance with
certain rules of the Pennsylvania Rules of Civil Procedure
The petition to strike judgment required by Rules 2958 3 and 2973 3 shall be substantially in
the following form
(Caption)
PETITION TO STRIKE JUDGMENT
REQUEST FOR PROMPT HEARING
I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and
hearing prior to the entry ofj udgment I petition the court to strike the judgment on this ground and
request a prompt hearing on this issue I verify that the statements made in this Request for Hearing
are true and correct I understand that false statements herein are made subject to the penalties of I 8
Pa C S § 4904 relating to unswom falsification to authorities Notice ofthe hearing should be given
to me at
Street Address
City State
Telephone Number
Dated
Defendant(s)
2
UNRUH TURNER BURKE & FREES PC ATTORNEYS FOR PLAINTIFF
BY CHRISTOPHERL TURNER ESQUIRE
Attorney I D NO 200906
PO Box 515
West Chester PA 19381 0515
(610) 692 1371
Ctumer@utbf com
VICOLO INC t/a EDMM LP IN THE COURT OF COMMON PLEAs
1810 Wilmington Pike, Suite 1
Glen Mills, PA 19342 DELAWARE COUNTY, PENNSYLVANIA
Plaintiff CIVIL ACTION LAW
v
PLEXUS FITNESS LLC
d/b/a Empowered Yoga
2000 Pennsylvania Avenue
Wilmington DE 19806
Defendant
N0
CERTIFICATE OF COMPLIANCE
I certify that this filing complies with the provisions of the Public Access Policy of the
United Judtcial System of Pennsylvania Case Record of the Appellate and Trial Courts that
require filing confidential information and documents differently than non confidential
information and documents
Respectfully submitted,
UNRUH TURNER BURKE & FREES PC
Date 2 [2 72 2020 By /s/ Christogher L Turner
Christopher L Turner, Esquire
Anomey I D No 200906
Attorneys for Plaintiff EDMM LP
PO Box 515
West Chester PA 19381 0515
(610) 692 1371
cturner@utbf com
UNRUH TURNER BURKE & FREES PC ATTORNEYS FOR PLAINTIFF
BY CHRISTOPHER L TURNER ESQUIRE
Attorney 1 D NO 200906
PO Box 515
West Chester PA 19381 0515
(610) 692 1371
Ctumer@utbf com
. ,2— E
VICOLO INC t/a EDMM LP IN THE COURT OF COMMétSI PLEASE
1810 Wilmington Pike, Suite 1 f N :1
Glen Mills PA 19342 DELAWARE COUNTY PENNSYLVANIA I:
3 .
Plaintiff CIVIL ACTION LAW ,1; D
V eh
N
PLEXUS FITNESS LLC
d/b/a Empowered Yoga
2000 Pennsylvania Avenue
Wilmington DE 19806
No Cu 41020 005238
Defendant
COMPLAINT IN CONFESSION OF JUDGNIENT FOR MONETARY DAMAGE
PURSUANT TO PA R C P 2950 et seg
1 Plaintiff, Vicolo, Inc , tJa EDMM, LP (“Plaintiff”) is a Pennsylvania limited
partnership, with an address of 1810 Wilmington Pike, Suite 1, Glen Mills, PA 19342
2 Defendant, Plexus Fitness, LLC (“Defendant”) is a Delaware limited liability
company with an address of 2000 Pennsylvania Avenue, Wilmington, DE 19806
3 On or about December 22, 2011, Plaintiff leased certain commercial real property
identified as space nos 7, 8 and 9 and located at 391 Wilmington West Chester Pike, Glen Mills, PA
19342 (the “Premises”) to Defendant pursuant to the terms and conditions of a document titled
“Summit Crossing Lease” (the “Lease”) dated December 22, 201 l A true and correct copy of the
Lease is attached hereto and made a part hereof as Exhibit “A’
4 The Lease has not been assigned, and Plaintiff is still the holder thereof
5 The Judgment in this matter is not being entered against a natural person in
connection with a consumer credit transaction or a residential lease
6 No judgment has prev10usly been entered on the Lease in any jurisdiction
7 The Defendant has defaulted on its obligations to Plaintiffpursuant to the terms ofthe
Lease by virtue ofvarious events, including without limitation, failing to make payment as and when
due and failing to cure said default after written notice A true and correct copy of the notice of
default is attached hereto and made a part hereof as Exhibit “B ”
8 As a result of Defendant’s default, the following amounts are immediately due and
payable under, and in connection with said Lease as of August 5, 2020
Past rental due as of 1/10/2020 $ 26 597 26
Accelerated rental due $277 987 50
Accelerated CAM expenses $ 37 975 00
Accelerated taxes $ 42 009 34
Attorney 5 fees $ 5 000 00
Total $389 569 10
WHEREFORE, Plaintiff Vicolo, Inc , t/a EDMM, LP demands the entry ofjudgment in its
favor and against Defendant, Plexus Fitness, LLC for the sum of $389,569 10
Respectfully submitted
UNRUH TURNER BURKE & FREES PC
Date % l a? 1 90 a“) By a
Christopher L
3 /\,
Turner, Esquire
Attorney for Plaintiff EDMM LP
PO Box 515
West Chester PA 19381 0515
Attorney I D No 200906
(610) 692 1371
2
EXHIBIT A
SUMMIT CROSSING LEASE
nustEAsnmdeasomegyflanoflzgcanlwr, 2011 mm EDMM LP
(“Landlord ’)aPennsylvania limited partneiship with emailing address of 1810 Wilmington Pike
Suite 1 Glen Mills PA 19342 and Plexus Fitness LLC ( Tenant”) a Delaware limited liability
company with an address of 2000 Pennsylvania Avenue, Wilmington, DE 19806
ARTICLE I
BASIC PROVISIONS
A Tenant 5 Trade Name Empowered Yoga
B Shopping Center: Summit Crossing
Address of Center: 391 Wilmington West Chester Pike Glen Mills, PA 19342
C Premises Space Nos 7 8 and 9 at the Centerconsisting of approximately 4 200
rentable square feet the approximate location of which is shown cross hatched on
Exhibit A hereto
D Lease Commencement Date Landlord shall deliver the Premises to Tenant with
Landlord's Work complete upon Lease execution and this Lease shall commence
upon Lease execution. {firguflkfl- All (I. \\ \\ A; Lay/l W
Rent Commencement Date A913 1 2012 A “Lease Year’ shall be the twelve (12)
month period commencing on the Rent Commencement Date and each twelve (12)
month period thereafier
E Expiration Date Ten (10) Years alter the Rent Commencement Date
F Permitted Use Fitness and yoga studio and related ancillary services and the retail
sale ofrelated products as an incidental use and for no other purpose whatsoever
Notwithstanding anything herein to the contrary, Tenant shall not engage in any use
that would violate any exclusive use granted to any other tenant ofthe Center or any
prohibited use clause in any other tenant s lease
Landlord represenm to Tenant that 1
all ofthe existing exclusive and prohrhited use: are set forth in Exhibit “D"
attached hereto and made a part hereof
G Minimum Rent. I
Monthly Annual Per Square
Period Amount Amount M
Stapl— \ lace—awnfimhea: 1 $7 350 00 $33200 00 $21 00
3‘ Year 2 $7 525 00 $90 300 00 $21 50
so)“ 30') “”5 so: Year 3 $7 700 00 $92 400 00 $22 00
CM?“ 30“" “”3 iguana: 4 $7 875 on $94 500 00 $22 so
«am we 1
W
T a) I Q @115 94: l 1
36? Year 5 $8 050 on $95 500 on $23 no
3511 Year 6 $8 5 00 $98 700 00 $23 50
949+ Year 7 $8 400 00 $100 800 00 $24 00
Year 8 $8 662 50 $103 950 00 $24 75
Year 9 $8 925 00 $107 100 00 $25 50
Year 10 $9187 50 $110,250 00 $26 25
Qmmn Period 1
Year 11 $9 537 50 $114 450 00 $27 25
Year 12 $9 887 50 $118 650 00 $28.25
Year 13 $10,237 50 $122 850 00 $29.25
Ymr14 $10 587 50 $127 050 00 $30 25
Year 15 $10 937 50 $131,250 00 $3125
Qpnon Period 2
Year 16 $11,287 50 $135 450 00 $32 25
Year 17 $11 637 50 $139 650 00 $33 25
Year 18 $11,987 50 $143 850 00 $34 25
Year 19 $12 337 50 $148 050 00 $35 25
Year 20 $12,687 50 $152,250 00 $36 25
Mon Period 3
Year21 $13 037 50 $156 450 00 $37 25
Year 22 $13 387 50 $160 650 00 $38 25
Year 23 $13 737 50 $164 850 00 $39 25
Year 24 $14 087 50 $169 050 00 $40 25
Year 25 $14 437 50 $173,250 00 $41 25
H Initial Estimated Annual CAM $2 00 per square foot
Notwithstanding anything to the
contrary herein, CAM during the first [use Year only shall not exceed $2 50 per square
foot, excluding the cost of snow removal which shall not be subject to any cap
L Initial Estimated Annual Taxes$3 00 per square foot
J Security Deposit. $12 550 00 UponLease execution, Tenant shall provide a check to
Landlord in the amount of Twelve Thousand Five Hundred Fifty and 00/100 Dollars
($12 550 00) which constitutes the Secm'ity Deposit
K. Intentionally omitted.
L Guarantors John I Gillespie and Sara Gillespie
2
1
M Landlord s Wont. landlord shall perform the work outlined on Exhibit
B attached
hereto and warrant such work for a period ofone (1) year fiom theLease Commencement
Date
N Signage Subject to Township code and Landlord s written approval, which approval
shall not be unreasonably withheld, Tenant, at its sole expense, shall have the right to
place its business Sign, including its name, logo and corporate color on the flout and
back exterior ofthe Premises
Tenant, at its sole expense, shall have the fourth position
on the pylon Sign for the Center (double-wide, a total of two panels)
Upon Lease
execution, Tenant shall rennbinse Landlord the sum of$4,286 00 for its pro—ram share of
the cost of the pylon Sign.
O Intentionally omitted.
1" Rent Payment Address Tenant shall forward all Rent and insurance certificates to
Landlord at 1810 Wilmington Pike Suite 1Glen Mills PA 19342 or such other address
as to which Landlord shall provide advance ounce
Q Rent Shall Be Payable To EDMM LP or such other entity or person as Landlord shall
designate from time to time in writing
R. Exclusive Landlord agrees that during the term ofthis Lease and any renewals thereof,
provided Tenant complies with the terms and conditions ofthis Lease Landlord will not
lease any other space within the Center to another tenant whose primary use is a yoga
studio (“Tenant 5 Exclusive )
Notwithstanding anything to the contrary herein, Tenant 5
Exclusive shall not apply to any uses currentlypermitted imder leases to existing tenants
ofthe Center or their assigns
The foregoing provisions shall be interpreted and applied in accordance with the other
provisions ofthis Lease set forth below
ARTICLE 11
W
Landlord hereby leases to Tenant and Tenant hereby leases flora Landlord the Premises for a
term (”Term”) commencing on the Lease Commencement Date and ending on the expiration date set
forth in Article I, unless sooner terminated as provided herein.
If landlord delays delivering
possession ofthe Premises or substantial completion ofany ofLandlord’s work, this Lease shall not
be void or voidable and Landlord shall have no liability fin loss or damage resulting therefrom
In
suchcase the Lease Commencement Date shall bepostponed for aperiod equal to the delay except
to the extent that such delay arises from the acts or omissions of Tenant or Tenant’s employees
agents or contractorsHowever, the expiration date set forth in Article I shall not be changed.
3
3
W
ARTICLE 11]
MINIMUM RENT
Tenant shall pay Landlord the monthly minimum rent set forth in Article I in advance on or
before the first day of each calendar month dining the term, commencing on the Rent
Commencement Date The minimum rent for each year ofthe term ofthis Lease inthe amount set
forth in Article I shall be payable by Tenant as therein set forth without prior demand and without
set-0501' deduction, in advance atthe address designated in Articlel or at such other place as may be
designated by Landlord from time to me
ARTICLE IV
INTENTIONALLY OMITTED
ARTICLE V
TAXES AND CENTER EXPENSES
A. Proportionate Share.
"Tenant’s Proportionate Share’
shall be afiacnon equal to the rentable square footage ofthe
Premises set forthinArhcleI (asthe same mayberemeisured pursuantto ArticleXXIX) dividedby
the total square footage of all rentable floor space in the Center provided Landlord may exclude
from such rentable floor space ofthe Center, at landlord's opium, any portions of the Center
leased to or used by other parties as Majors where such parties are not required to pay a full prom
share of Center Expenses or Taxes, as the case may be, pursuant to a lease or other agreement with
landlord Landlord represents that the only existing tenant at the Center which is a Major is
WSFS Bank. Tenant acknowledges that Landlord has agiwd to reduce the CAM being paid
by WSFS Bank at the Center by fifiy percent (50%) With respect to TaxesLandlord may
exclude from the rentable floor space ofthe Center areas ofthe Center for which separate Tax bills
are received and which are the sole responsibility of separate parties pursuant to a lease or other
agreement with landlord
B Taxes
Tenant shall pay Landlord an amount equal to Tenant s proportionate share oftaxes in the
manner described below “Taxes means all real property taxes, including assessments whether
ordinary special or extraordinary (together with all costs and reasonable fees incurred by landlord in
contesting any such taxes or negotiating with public authorities as to such taxes) levied or assessed
against the Center or other tax parcel of which the Premises is a part, exclusive of any special
assessments levied in conjiniction with the initial construction of the shopping center or parcel
A
tax bill submitted by Landlordto Tenant shall be snfiicient evidence ofthe amount oftaxes assessed
or levied against the Center or the portion thereofto which such bill relates
4
C Center Expenses
Tenant shall pay Landlord an amount equal to Tenant s proportionate share
of center
expenses (“CAM”) m the manner described below CAM shall include without limitation, all
expenses, costs and charges incurred in the operation and maintenance ofthe Center
and all other
costs, expenses or charges which Landlord shall pay or become ohhgated to pay because
of or in
connection with the ownership, operation, management, repair, maintenance, replacement
and
insurance ofthe Center, including, without limitation, any amounts paid for
(a) utilities serving the
Center, including but not limited to electricity, power
gas, steam, oil or other fuel
water, sewer,
lighting, heating, air conditioning and ventilating, (b) permits, hcenses and certificates necessary to
operate and manage the Center and costs of complying with other legal requirements
including
without limitation the Americans with Disabilities Act of1990 (42 U S C
Section 12101 et seq)
(c)
insurance applicable to the Center, which may include without hmitation, commercial hability
insurancefor personal injury, death, property damagedefamation and false arrest,“all risk”
insrnance on the Center including without limitation, terrorism, earthquake, flood, boiler and rent
loss coverage, automobile, worker compensation and employer hability insurance, (d) supplies,
materials, tools, equipment and vehicles used in the operation, repair, maintenance and secrnity of
the Center, floor care and cleaning, landscaping and other services for the Center, including rental,
installment purchase and financing agreements therefor and interest thereunder
(e) accounting
legal, inspection, consulting and other services, (t) wages and salaries ofall employees to the extent
engaged in the operation and maintenance ofthe Center including all taxes thereon, insurance and
benefits relating thereto
(g) all supplies and materials used in the operation and maintenance ofthe
Center, (h) the costof all maintenance and service agreements,(i)the cost of security and
maintenance ofthe Center (1) the cost ofrepairs replacements and general maintenance and building
services, (k) the cost ofcapital improvements or other modifications to the Center whichreduce costs
ofoperation ofthe Center and which shall be amortized over the useful lives ofsuch improvements
or modifications, (1) payments under any easement, operating agreement, declaration, restrictive
covenant or instrument [retaining to the sharing ofcosts in any development ofwhich the Centeris a
part, (in) janitorial service, trash removal and removal of ice and snow (and salnng and sanding in
connection therewith), (it) parking surcharges or fees that mayresult from any environmental or other
law or guideline(o) the cost ofmaintaining and operating any onsite ofice ofthe Center including
without hinitanorr the fairrental value thereof,telephone charges postage, stationaryand
photocopying expenses (p) commercially reasonable reserves for operation of the Center and for
covering uninsured portions including deductible amounts ofcasualty damage and general liability
claims relating to the Center (q) operation, maintenance, repair installation, replacement, inspection,
testing,painting,decorating, cleaning of sidewalks, curbs,gutters,fences banners, Center
identification and pylon signs, directional signs and markers including those located off site but
installed for the benefit of the Center, parking lots, loading and service areas
and driveways
(including sweeping cleaning restriping repairing sealing resurfacing and replacement)
stomand
sanitary drainage systems including retention ponds and basrns, any systems and equipment, interior
and exterior plantingreplanting and replacement of flowers shrubbery plants grass and other
landscaping, all portions of buildings, both interior and exterior in the Center including without
limitation, common areas and fixtures, equipment and other items therein or thereon, including but
not limitedto floors, floor coverings, corridors, ceilings, foundations
restrooms, gutters and down
spouts roofflashings and roofs (including repairs and replacements) (r) mtentionally omitted, (s) the
sewer systems serving the Center including, without limitation, the cost ofEDUs, and (t) the cost of
5
ofEDUs and (t) the cost ofmaintenance repair and operation ofall equipm
ent and systems installed
or owned by Landlord to provide such services
The foregoing provision is for definitional pinposes
only and shall not be construed to impose any obligation upon
Landlord to mom- such expenses
Landlord reserves the right to
(1) determine and bill Tenant’s propornonate share ofinsurance
relating to the Center separately fiom other center expenses com
and (2) include taxes atn'ibutable to the
common areas as a part ofcenter expenses rather than determ
ining and billingthe same separately
Notwithstanding the foregoing CAM shallnot include(a) cost ofleasing space intbe Center
(including but not limited to commissions and advertising costs)
(b) any category of costs that is
covered by another secnon of this Lease, (c) costs applicable to
or for the benefit of a particular
tenant, (d) leasing commissions and anomeys' fees which are incurre
d in connection with disputes
with other tenants
(e) cost ofrenovating leased space for tenant or vacant tenant space
(1) the cost
of mediating any hazardous materials or other environmental conditi
ons within the Center; (g)
depreciation; (h) costs incurred due to violation by landlord or any other
tenant of the terms and
conditions of any lease; (i) overhead and profit paid to subsidiaries or afliliat
ns of Landlord for
services rendered, but only to the extent that the cost of such services exceed
s prevailing market
costs for such services were they not so rendered by a subsidiary or affiliate ofLandl
ord, (1) ground
rents (ifany) principal payments, or any interest expense on any loans secured bymortgages
placed
upon the Center and imderlying land (or a leasehold interest therein)
(k) any particular items and
services for which Tenant otherwise reimburses Landlord by direct payment over and above
base or
minimum rent, (1) any fines o
Preview
UNRUH TURNER BURKE & FREES PC ATTORNEYS FOR PLAINTIFF BY CHRISTOPHER L TURNER ESQUIRE g; D Attorney I D NO 200906 E. g '11 PO Box 515 B '— West Chester PA 19381 0515 ' (I m (610) 692 1371 E C) Cturner@utbf com [)3 E if VICOLO INC t/a EDMM LP IN THE COURT OF COMMON PLEAs 1810 Wilmington Pike Suite 1 Glen Mills PA 19342 DELAWARE COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW V PLEXUS FITNESS LLC d/b/a Empowered Yoga 2000 Pennsylvania Avenue Wilmington DE 19806 Defendant \ NO av 30% 005588 TO Plexus Fitness, LLC d/b/a Empowered Yoga 2000 Pennsylvania Avenue Wilmington DE 19806 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above captioned proceeding and that enclosed herewith 1s a copy of all the (records) documents filed in support of the said judgment IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL ATTORNEY Christopher L Turner Esquire at telephone number (610) 692 1371 , Dzrector Delaware County Prothonotary Dated 2020 \ Clerk UNRUH TURNER BURKE & FREES PC ATTORNEYS FOR PLAINTIFF BY CHRISTOPHER L TURNER ESQUIRE Attorney 1 D NO 200906 PO Box 515 West Chester PA 19381 0515 (610) 692 1371 L Ctumer@utbf com I}. g m :1. '3 r- VICOLO INC t/a EDMM LP IN THE COURT OF COMMON PLEASE 1" 1810 Wilmington Pike Suite 1 r3 Glen Mills PA 19342 DELAWARE COUNTY PENNSYLVAFE’A 4.— Plaintiff CIVIL ACTION LAW V PLEXUS FITNESS LLC d/b/a Empowered Yoga 2000 Pennsylvania Avenue Wilmington DE 19806 Defendant No (LU 210910 00 55%? ENTRY 0F APPEARANCE CONFESSION OF JUDGMENT AND PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendant, confess judgment in favor ofthe Plaintiff and against the Defendant, and assess damages against Defendant as follows Past rental due as of Jan 10 2020 $ 26 597 26 Accelerated rental due $277 987 50 Accelerated CAM expenses $ 37 975 00 Accelerated taxes $ 42 009 34 Attorney 3 fees $ 5 000 00 Total $389 569 10 Respectfully submitted UNRUH TURNER BURKE & FREES PC P Date %’ 97‘ I 8090 By an \ Christopher L Turner, Esquire Attorney for Plaintiff UNRUH TURNER BURKE & FREES PC ATTORNEYS FOR PLAINTIFF BY CHRISTOPHER L TURNER ESQUIRE Attorney I D NO 200906 PO Box 515 West Chester PA 19381 0515 (610) 692 1371 Cturner@utbf com VICOLO INC t/a EDMM LP IN THE COURT OF COMMON PLEAS 1810 Wilmington Pike Suite 1 Glen Mills, PA 19342 DELAWARE COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW v PLEXUS FITNESS LLC d/b/a Empowered Yoga 2000 Pennsylvania Avenue Wilmington DE 19806 Defendant NO NOTICE REGARDING DEBTOR IDENTIFICATION A debtor who has been incorrectly identified herein may file and serve a petition pursuant to Pa R Civ P 2959 and 2967 An incorrectly identified debtor who prevails in such a motion may be entitled to costs and reasonable attorney fees as detemiined by the court You should contact an attorney to advise you in connection with this matter Pa R Civ P 2959 provides that (a)(1) Relief from a judgment by confession shall be sought by petition Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriffhas received a writ of execution directed to the sheriff to enforce the judgment (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support ofa further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense, and (ii) as provided by Rule 2958 3 or Rule 2973 3 (3) If written notice is served upon the petitioner pursuant to Rule 2956 1(c)(2) or Rule 2973 1(c) the petition shall be filed within thirty days after such service Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied (b) If the petition states prima facie grounds for relief the court shall issue a rule to Show cause and may grant a stay ofproceedings Afier being served with a copy ofthe petition the plaintiff shall file an answer on or before the return day ofthe rule The return day ofthe rule shall be fixed by the court by local rule or special order (c) A party waives all defenses and objections which are not included in the petition or answer (d) The petition and the rule to Show cause and the answer shall be served as provided in Rule 440 (e) The court shall dispose of the rule on petition and answer, and on any testlmony, depositions, admissions and other evidence The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment (f) The lien ofthe judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending Pa R Civ P 2967 provides a form for filing a petition to strike the judgment in accordance with certain rules of the Pennsylvania Rules of Civil Procedure The petition to strike judgment required by Rules 2958 3 and 2973 3 shall be substantially in the following form (Caption) PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to the entry ofj udgment I petition the court to strike the judgment on this ground and request a prompt hearing on this issue I verify that the statements made in this Request for Hearing are true and correct I understand that false statements herein are made subject to the penalties of I 8 Pa C S § 4904 relating to unswom falsification to authorities Notice ofthe hearing should be given to me at Street Address City State Telephone Number Dated Defendant(s) 2 UNRUH TURNER BURKE & FREES PC ATTORNEYS FOR PLAINTIFF BY CHRISTOPHERL TURNER ESQUIRE Attorney I D NO 200906 PO Box 515 West Chester PA 19381 0515 (610) 692 1371 Ctumer@utbf com VICOLO INC t/a EDMM LP IN THE COURT OF COMMON PLEAs 1810 Wilmington Pike, Suite 1 Glen Mills, PA 19342 DELAWARE COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW v PLEXUS FITNESS LLC d/b/a Empowered Yoga 2000 Pennsylvania Avenue Wilmington DE 19806 Defendant N0 CERTIFICATE OF COMPLIANCE I certify that this filing complies with the provisions of the Public Access Policy of the United Judtcial System of Pennsylvania Case Record of the Appellate and Trial Courts that require filing confidential information and documents differently than non confidential information and documents Respectfully submitted, UNRUH TURNER BURKE & FREES PC Date 2 [2 72 2020 By /s/ Christogher L Turner Christopher L Turner, Esquire Anomey I D No 200906 Attorneys for Plaintiff EDMM LP PO Box 515 West Chester PA 19381 0515 (610) 692 1371 cturner@utbf com UNRUH TURNER BURKE & FREES PC ATTORNEYS FOR PLAINTIFF BY CHRISTOPHER L TURNER ESQUIRE Attorney 1 D NO 200906 PO Box 515 West Chester PA 19381 0515 (610) 692 1371 Ctumer@utbf com . ,2— E VICOLO INC t/a EDMM LP IN THE COURT OF COMMétSI PLEASE 1810 Wilmington Pike, Suite 1 f N :1 Glen Mills PA 19342 DELAWARE COUNTY PENNSYLVANIA I: 3 . Plaintiff CIVIL ACTION LAW ,1; D V eh N PLEXUS FITNESS LLC d/b/a Empowered Yoga 2000 Pennsylvania Avenue Wilmington DE 19806 No Cu 41020 005238 Defendant COMPLAINT IN CONFESSION OF JUDGNIENT FOR MONETARY DAMAGE PURSUANT TO PA R C P 2950 et seg 1 Plaintiff, Vicolo, Inc , tJa EDMM, LP (“Plaintiff”) is a Pennsylvania limited partnership, with an address of 1810 Wilmington Pike, Suite 1, Glen Mills, PA 19342 2 Defendant, Plexus Fitness, LLC (“Defendant”) is a Delaware limited liability company with an address of 2000 Pennsylvania Avenue, Wilmington, DE 19806 3 On or about December 22, 2011, Plaintiff leased certain commercial real property identified as space nos 7, 8 and 9 and located at 391 Wilmington West Chester Pike, Glen Mills, PA 19342 (the “Premises”) to Defendant pursuant to the terms and conditions of a document titled “Summit Crossing Lease” (the “Lease”) dated December 22, 201 l A true and correct copy of the Lease is attached hereto and made a part hereof as Exhibit “A’ 4 The Lease has not been assigned, and Plaintiff is still the holder thereof 5 The Judgment in this matter is not being entered against a natural person in connection with a consumer credit transaction or a residential lease 6 No judgment has prev10usly been entered on the Lease in any jurisdiction 7 The Defendant has defaulted on its obligations to Plaintiffpursuant to the terms ofthe Lease by virtue ofvarious events, including without limitation, failing to make payment as and when due and failing to cure said default after written notice A true and correct copy of the notice of default is attached hereto and made a part hereof as Exhibit “B ” 8 As a result of Defendant’s default, the following amounts are immediately due and payable under, and in connection with said Lease as of August 5, 2020 Past rental due as of 1/10/2020 $ 26 597 26 Accelerated rental due $277 987 50 Accelerated CAM expenses $ 37 975 00 Accelerated taxes $ 42 009 34 Attorney 5 fees $ 5 000 00 Total $389 569 10 WHEREFORE, Plaintiff Vicolo, Inc , t/a EDMM, LP demands the entry ofjudgment in its favor and against Defendant, Plexus Fitness, LLC for the sum of $389,569 10 Respectfully submitted UNRUH TURNER BURKE & FREES PC Date % l a? 1 90 a“) By a Christopher L 3 /\, Turner, Esquire Attorney for Plaintiff EDMM LP PO Box 515 West Chester PA 19381 0515 Attorney I D No 200906 (610) 692 1371 2 EXHIBIT A SUMMIT CROSSING LEASE nustEAsnmdeasomegyflanoflzgcanlwr, 2011 mm EDMM LP (“Landlord ’)aPennsylvania limited partneiship with emailing address of 1810 Wilmington Pike Suite 1 Glen Mills PA 19342 and Plexus Fitness LLC ( Tenant”) a Delaware limited liability company with an address of 2000 Pennsylvania Avenue, Wilmington, DE 19806 ARTICLE I BASIC PROVISIONS A Tenant 5 Trade Name Empowered Yoga B Shopping Center: Summit Crossing Address of Center: 391 Wilmington West Chester Pike Glen Mills, PA 19342 C Premises Space Nos 7 8 and 9 at the Centerconsisting of approximately 4 200 rentable square feet the approximate location of which is shown cross hatched on Exhibit A hereto D Lease Commencement Date Landlord shall deliver the Premises to Tenant with Landlord's Work complete upon Lease execution and this Lease shall commence upon Lease execution. {firguflkfl- All (I. \\ \\ A; Lay/l W Rent Commencement Date A913 1 2012 A “Lease Year’ shall be the twelve (12) month period commencing on the Rent Commencement Date and each twelve (12) month period thereafier E Expiration Date Ten (10) Years alter the Rent Commencement Date F Permitted Use Fitness and yoga studio and related ancillary services and the retail sale ofrelated products as an incidental use and for no other purpose whatsoever Notwithstanding anything herein to the contrary, Tenant shall not engage in any use that would violate any exclusive use granted to any other tenant ofthe Center or any prohibited use clause in any other tenant s lease Landlord represenm to Tenant that 1 all ofthe existing exclusive and prohrhited use: are set forth in Exhibit “D" attached hereto and made a part hereof G Minimum Rent. I Monthly Annual Per Square Period Amount Amount M Stapl— \ lace—awnfimhea: 1 $7 350 00 $33200 00 $21 00 3‘ Year 2 $7 525 00 $90 300 00 $21 50 so)“ 30') “”5 so: Year 3 $7 700 00 $92 400 00 $22 00 CM?“ 30“" “”3 iguana: 4 $7 875 on $94 500 00 $22 so «am we 1 W T a) I Q @115 94: l 1 36? Year 5 $8 050 on $95 500 on $23 no 3511 Year 6 $8 5 00 $98 700 00 $23 50 949+ Year 7 $8 400 00 $100 800 00 $24 00 Year 8 $8 662 50 $103 950 00 $24 75 Year 9 $8 925 00 $107 100 00 $25 50 Year 10 $9187 50 $110,250 00 $26 25 Qmmn Period 1 Year 11 $9 537 50 $114 450 00 $27 25 Year 12 $9 887 50 $118 650 00 $28.25 Year 13 $10,237 50 $122 850 00 $29.25 Ymr14 $10 587 50 $127 050 00 $30 25 Year 15 $10 937 50 $131,250 00 $3125 Qpnon Period 2 Year 16 $11,287 50 $135 450 00 $32 25 Year 17 $11 637 50 $139 650 00 $33 25 Year 18 $11,987 50 $143 850 00 $34 25 Year 19 $12 337 50 $148 050 00 $35 25 Year 20 $12,687 50 $152,250 00 $36 25 Mon Period 3 Year21 $13 037 50 $156 450 00 $37 25 Year 22 $13 387 50 $160 650 00 $38 25 Year 23 $13 737 50 $164 850 00 $39 25 Year 24 $14 087 50 $169 050 00 $40 25 Year 25 $14 437 50 $173,250 00 $41 25 H Initial Estimated Annual CAM $2 00 per square foot Notwithstanding anything to the contrary herein, CAM during the first [use Year only shall not exceed $2 50 per square foot, excluding the cost of snow removal which shall not be subject to any cap L Initial Estimated Annual Taxes$3 00 per square foot J Security Deposit. $12 550 00 UponLease execution, Tenant shall provide a check to Landlord in the amount of Twelve Thousand Five Hundred Fifty and 00/100 Dollars ($12 550 00) which constitutes the Secm'ity Deposit K. Intentionally omitted. L Guarantors John I Gillespie and Sara Gillespie 2 1 M Landlord s Wont. landlord shall perform the work outlined on Exhibit B attached hereto and warrant such work for a period ofone (1) year fiom theLease Commencement Date N Signage Subject to Township code and Landlord s written approval, which approval shall not be unreasonably withheld, Tenant, at its sole expense, shall have the right to place its business Sign, including its name, logo and corporate color on the flout and back exterior ofthe Premises Tenant, at its sole expense, shall have the fourth position on the pylon Sign for the Center (double-wide, a total of two panels) Upon Lease execution, Tenant shall rennbinse Landlord the sum of$4,286 00 for its pro—ram share of the cost of the pylon Sign. O Intentionally omitted. 1" Rent Payment Address Tenant shall forward all Rent and insurance certificates to Landlord at 1810 Wilmington Pike Suite 1Glen Mills PA 19342 or such other address as to which Landlord shall provide advance ounce Q Rent Shall Be Payable To EDMM LP or such other entity or person as Landlord shall designate from time to time in writing R. Exclusive Landlord agrees that during the term ofthis Lease and any renewals thereof, provided Tenant complies with the terms and conditions ofthis Lease Landlord will not lease any other space within the Center to another tenant whose primary use is a yoga studio (“Tenant 5 Exclusive ) Notwithstanding anything to the contrary herein, Tenant 5 Exclusive shall not apply to any uses currentlypermitted imder leases to existing tenants ofthe Center or their assigns The foregoing provisions shall be interpreted and applied in accordance with the other provisions ofthis Lease set forth below ARTICLE 11 W Landlord hereby leases to Tenant and Tenant hereby leases flora Landlord the Premises for a term (”Term”) commencing on the Lease Commencement Date and ending on the expiration date set forth in Article I, unless sooner terminated as provided herein. If landlord delays delivering possession ofthe Premises or substantial completion ofany ofLandlord’s work, this Lease shall not be void or voidable and Landlord shall have no liability fin loss or damage resulting therefrom In suchcase the Lease Commencement Date shall bepostponed for aperiod equal to the delay except to the extent that such delay arises from the acts or omissions of Tenant or Tenant’s employees agents or contractorsHowever, the expiration date set forth in Article I shall not be changed. 3 3 W ARTICLE 11] MINIMUM RENT Tenant shall pay Landlord the monthly minimum rent set forth in Article I in advance on or before the first day of each calendar month dining the term, commencing on the Rent Commencement Date The minimum rent for each year ofthe term ofthis Lease inthe amount set forth in Article I shall be payable by Tenant as therein set forth without prior demand and without set-0501' deduction, in advance atthe address designated in Articlel or at such other place as may be designated by Landlord from time to me ARTICLE IV INTENTIONALLY OMITTED ARTICLE V TAXES AND CENTER EXPENSES A. Proportionate Share. "Tenant’s Proportionate Share’ shall be afiacnon equal to the rentable square footage ofthe Premises set forthinArhcleI (asthe same mayberemeisured pursuantto ArticleXXIX) dividedby the total square footage of all rentable floor space in the Center provided Landlord may exclude from such rentable floor space ofthe Center, at landlord's opium, any portions of the Center leased to or used by other parties as Majors where such parties are not required to pay a full prom share of Center Expenses or Taxes, as the case may be, pursuant to a lease or other agreement with landlord Landlord represents that the only existing tenant at the Center which is a Major is WSFS Bank. Tenant acknowledges that Landlord has agiwd to reduce the CAM being paid by WSFS Bank at the Center by fifiy percent (50%) With respect to TaxesLandlord may exclude from the rentable floor space ofthe Center areas ofthe Center for which separate Tax bills are received and which are the sole responsibility of separate parties pursuant to a lease or other agreement with landlord B Taxes Tenant shall pay Landlord an amount equal to Tenant s proportionate share oftaxes in the manner described below “Taxes means all real property taxes, including assessments whether ordinary special or extraordinary (together with all costs and reasonable fees incurred by landlord in contesting any such taxes or negotiating with public authorities as to such taxes) levied or assessed against the Center or other tax parcel of which the Premises is a part, exclusive of any special assessments levied in conjiniction with the initial construction of the shopping center or parcel A tax bill submitted by Landlordto Tenant shall be snfiicient evidence ofthe amount oftaxes assessed or levied against the Center or the portion thereofto which such bill relates 4 C Center Expenses Tenant shall pay Landlord an amount equal to Tenant s proportionate share of center expenses (“CAM”) m the manner described below CAM shall include without limitation, all expenses, costs and charges incurred in the operation and maintenance ofthe Center and all other costs, expenses or charges which Landlord shall pay or become ohhgated to pay because of or in connection with the ownership, operation, management, repair, maintenance, replacement and insurance ofthe Center, including, without limitation, any amounts paid for (a) utilities serving the Center, including but not limited to electricity, power gas, steam, oil or other fuel water, sewer, lighting, heating, air conditioning and ventilating, (b) permits, hcenses and certificates necessary to operate and manage the Center and costs of complying with other legal requirements including without limitation the Americans with Disabilities Act of1990 (42 U S C Section 12101 et seq) (c) insurance applicable to the Center, which may include without hmitation, commercial hability insurancefor personal injury, death, property damagedefamation and false arrest,“all risk” insrnance on the Center including without limitation, terrorism, earthquake, flood, boiler and rent loss coverage, automobile, worker compensation and employer hability insurance, (d) supplies, materials, tools, equipment and vehicles used in the operation, repair, maintenance and secrnity of the Center, floor care and cleaning, landscaping and other services for the Center, including rental, installment purchase and financing agreements therefor and interest thereunder (e) accounting legal, inspection, consulting and other services, (t) wages and salaries ofall employees to the extent engaged in the operation and maintenance ofthe Center including all taxes thereon, insurance and benefits relating thereto (g) all supplies and materials used in the operation and maintenance ofthe Center, (h) the costof all maintenance and service agreements,(i)the cost of security and maintenance ofthe Center (1) the cost ofrepairs replacements and general maintenance and building services, (k) the cost ofcapital improvements or other modifications to the Center whichreduce costs ofoperation ofthe Center and which shall be amortized over the useful lives ofsuch improvements or modifications, (1) payments under any easement, operating agreement, declaration, restrictive covenant or instrument [retaining to the sharing ofcosts in any development ofwhich the Centeris a part, (in) janitorial service, trash removal and removal of ice and snow (and salnng and sanding in connection therewith), (it) parking surcharges or fees that mayresult from any environmental or other law or guideline(o) the cost ofmaintaining and operating any onsite ofice ofthe Center including without hinitanorr the fairrental value thereof,telephone charges postage, stationaryand photocopying expenses (p) commercially reasonable reserves for operation of the Center and for covering uninsured portions including deductible amounts ofcasualty damage and general liability claims relating to the Center (q) operation, maintenance, repair installation, replacement, inspection, testing,painting,decorating, cleaning of sidewalks, curbs,gutters,fences banners, Center identification and pylon signs, directional signs and markers including those located off site but installed for the benefit of the Center, parking lots, loading and service areas and driveways (including sweeping cleaning restriping repairing sealing resurfacing and replacement) stomand sanitary drainage systems including retention ponds and basrns, any systems and equipment, interior and exterior plantingreplanting and replacement of flowers shrubbery plants grass and other landscaping, all portions of buildings, both interior and exterior in the Center including without limitation, common areas and fixtures, equipment and other items therein or thereon, including but not limitedto floors, floor coverings, corridors, ceilings, foundations restrooms, gutters and down spouts roofflashings and roofs (including repairs and replacements) (r) mtentionally omitted, (s) the sewer systems serving the Center including, without limitation, the cost ofEDUs, and (t) the cost of 5 ofEDUs and (t) the cost ofmaintenance repair and operation ofall equipm ent and systems installed or owned by Landlord to provide such services The foregoing provision is for definitional pinposes only and shall not be construed to impose any obligation upon Landlord to mom- such expenses Landlord reserves the right to (1) determine and bill Tenant’s propornonate share ofinsurance relating to the Center separately fiom other center expenses com and (2) include taxes atn'ibutable to the common areas as a part ofcenter expenses rather than determ ining and billingthe same separately Notwithstanding the foregoing CAM shallnot include(a) cost ofleasing space intbe Center (including but not limited to commissions and advertising costs) (b) any category of costs that is covered by another secnon of this Lease, (c) costs applicable to or for the benefit of a particular tenant, (d) leasing commissions and anomeys' fees which are incurre d in connection with disputes with other tenants (e) cost ofrenovating leased space for tenant or vacant tenant space (1) the cost of mediating any hazardous materials or other environmental conditi ons within the Center; (g) depreciation; (h) costs incurred due to violation by landlord or any other tenant of the terms and conditions of any lease; (i) overhead and profit paid to subsidiaries or afliliat ns of Landlord for services rendered, but only to the extent that the cost of such services exceed s prevailing market costs for such services were they not so rendered by a subsidiary or affiliate ofLandl ord, (1) ground rents (ifany) principal payments, or any interest expense on any loans secured bymortgages placed upon the Center and imderlying land (or a leasehold interest therein) (k) any particular items and services for which Tenant otherwise reimburses Landlord by direct payment over and above base or minimum rent, (1) any fines o