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HomeMy WebLinkAbout96-03238 \ t- ,- t f . . i i . . \ \ . ... :-- ~ ~ ~ ~ "e' ~ '" ~ I ~ .// / , ~ ~ - ... .::) - CJ 0- ct) ,... n\ ';1 '. - r . ::t' .- ~ ,.1 e:; ',,) -r. ~- >; .1 '- I/' rJ ..- en .... [-. r- IT; c--;; -. C IJ \f' -,. I.r. If' I,I,b .. ~ 1;"', I, ) ..." ,..;) If''l 12 ~ ,~( ~: I:~ L'l ~ , I.. i' co- .1;::; ~ ~ ;t, . ~ ~(". r- i.fJ VI " ",.:. '1 ~~! r '''-,'' ,. ;or: 1"ltiJ ~ ... ex ~J i Ifl. ~ r:: -, . : "-' ~ \0 :~'j Q'\ ".J ~ o )0 Iil" C ~:; III .. Z ~ ~S~~~ :::!~~~'; Ce~~~ ~ z Z II: " ~~~~E :I i( II % ~ =~ . . . . '. '. WILLIAM C. KOLLAS, WILLIAM T. KIRCHHOFF, and D. LEE MANLEY, a partnership, d/b/a FERNWOOD OFFICE COMPLEX, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. q Le. . :~J,:)~ C~~~O -1 ~'"'' : CIVIL ACTION - LAW PAUL M. BONTEMPI, Defendant NOTICE YOU HAVE BEEN SUED In court. If you wish to defend against the claims set forth In the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You arc warned that If you full to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed In the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights Important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania (717) 240-6200 " . " WILLIAM C, KOLLAS, WILLIAM T, KIRCHHOFF, and D, LEE MANLEY, a partnership, d/b/a FERNWOOD OFFICE COMPLEX, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. q(o - 3d~8 C.,;}) T~n \ : No. PAUL M. BONTEMPI, Defendant : CIVIL ACTION - LAW COMPLAIN't AND NOW comes the Plaintiffs, by and through their attorneys, KOLLAS AND KENNEDY, and respectfully represents the following In support of this Complaint: I. Plaintiffs are WILLIAM C. KOLLAS, WILLIAM T. KIRCHHOFF, and D. LEE MANLEY. partners engaged in the business of commercial leasing, and trading as FERNWOOD OFFICE COMPLEX, with a place of business located at 1104 Fernwood Avenue, Camp Hill, Cumberland County, Pennsylvania 170 II. 2. Defendant Is an adult Individual believed to be currently residing at 2447 Brookwood Street, Harrisburg. Pennsylvania 17104. 3. On April 8, 1996, plaintiffs leased the premises at 3607 Rosemont Avenue, Suite 501, Camp Hill, Cumberland County, Pennsylvania to defendant under a commercial lease agreement, a true and correct copy of which is attached hereto as Exhibit" A." 4. The lease provided for a term of one year, at a monthly rental of$I,986,25, payable in advance on the first day of every month. 5. Defendant began possession of the leased premises on April 8, 1996, In accordance with the terms of the lease. 6, After April 9, 1996, defendant ceased to pay the rent due under the lease. 7. Defendant subsequently vacated the leased premises in violation of the lease on a date or dates unknown to the plaintiffs, but which plaintiffs believe to have been over the weekend of May 25, 1996. 8. Accordingly, there becme due and owing to plaintiffs the sum of$2I,848.75, representing both the rent owed by the defendant as ofthe date when defendant wrongfully vacated the premises and the accelerated balance of the rent due under the lease In accordance with paragraph 9 thereof. 9. At or prior to the time when defendant wrongfully vacated the premises, defendant damaged the leased premises and otherwise breached the lease by failing to surrender the leased premises in substantially the same condition In which the same were leased to defendant, in that: the carpet was tom, requiring replacement; walls have holes requiring spackling and paint due to the removal of pictures and/or shelving; entryway was painted by defendant without permission of plaintiffs and now requires repainting. 2 '. 10. The fair and reasonable cost of repairing and replacing the damaged items described above is believed to be in excess of$2,OOO.00. II. Plaintitfhas made demand upon defendant for payment of the sum ofS24,OOO.00, but defendant has failed to pay the same or any part thereof as of the date of this complaint. WHEREFORE, Plaintiffs demand judgment against defendant in an amount not less than $24,000.00 together with costs of suit. RESPECTFULLY SUBMITTED: KOLLASANDKENNEDY Dato:~ By: Mary Ko s Kennedy ID#69 6 William C. KoUlls ID # 06341 1104 Fernwood Avenue Sulto 104 Camp Hili, PA 17011 (717) 731-1600 ATTORNEYS FOR PLAINTIFFS 3 '. COMMERCIAL LEASE THIS AGREEMENT of Lease, made this ~ay of k IL 1996, between Wll..LIAM C. KOLLAS, Agent for WILLIAM C. KOLLAS, ~. KIRCHHOFF and DAVID LEE MANLEY, (for the purpose of this Lease to be known as the "wsor") and PAUL M. BONTEMPI. authorized and doing business under and by virtue of the laws of the Commonwealth of Pennsylvania (for the purpose of this Lease to be Known as the "wsee"). WITNESSETH, that the said Lessor, in consideration of the rents and covenants hereinafter mentioned, does demise and lease unto the said Lessee, all that certain space of 2,270 square feet, to be used for office purposes, in the building known as Suite SO 1 3607 Rosemont Avenue Camp Hill, Pennsylvania 17011 Also, Seven (7) parking spaces located adjacent to Ihe building '.\ili be allotted for your business use. Additional parking spaces, if need. may be obtained by contacting the rental property manager. The office space is located on the 51h /loor of Ihe strucrure. TO HAVE AND TO HOLD unto the Lessee. subject to the conditions of lhis Agreement for the tenn beginning on Ihe 1st day of April. 1996. and ending on the 31st day of March, 1997. IN CONSIDERATION of which, the said Lessee agrees to pay to the said Lessor for the use of said premises, the sum of Twenty-Three Thousand Eight Hundred Thirty-Five Dollan and 00/100 ($23,835.00). I. REN:I: The rent shall be as follows: The rent shall be payable on the first of each month during the tenn of this Lease at the rate of One Thousand Nine Hundred Eighty-Six Dollan and 25/100 ($1,986.25) to be payable on April I, 1996, and thereafter, in Eleven (II) equal monthly installments of One Thousand Nine Hundred Eighty-Six Dollan and 25/100 ($1.986.25) in advance, on the first day of each calendar month during the tenn (April 1. 1996. through March 31, 1997). ....... 2. lATE FEE: A service charge of One and One Half Percent (I 1/2%) per month will be charged on all rents not paid within Five (5) days of the month. mE DEMLSE HEREIN CONTAINED is made and accepted on the following express conditions: As is. I. PlACE 2E PA YMENT. The rent reserved shall be promptly paid on the several days and times specified herein without deduction or abatement, unless hereinafter provided on the contrary, at the principal office of the Lessor. 2. INABILnY 12 mYE POSSESSION. The Lessor shall not be liable to the Lessee for any damages which may be caused to the Lessee by the failure of the Lessor to give possession of the demised premises at the time agreed upon, if said failure is not due at any fault on the part of the Lessor, unless hereinafter provided to the contrary. J, HOLDING OVER ~ RENEWAL. A holding over by the Lessee beyond the term of this Lease or any hereinafter duly authorized additional term shall be deemed a renewal of the lease on a month to month basis, with said renewal being under and subject to all provisions contained in this Agreement of Lease, and shall be at the option of the Lessor, excepting the rental which shll!! :"e at One Hundred Fifty Percent (150%) of the prior term's monthly rent. 4, UTlLmF.s. JANITOR. m. The Lessor agrees to provide the utilities (electricity sufficient to provide an adequate and uniform level of illumination, air conditioning, and other building machinery and equipment, etc. - hot and cold water. etc.) repairs, and the required removal of snow and ice from the pavements, driveways, and parking areas. The Lessee is responsible for interoffice vacuuming once a week, daily janitorial services, refuse removal and dusting. 5. NEGATIVE COVENANTS QE LEASE. (a) WASTE DAMAGE OR INJURY TO PREMISES: RESTORATION. No waste, damage or injury to the premises shall be committed and at the end of the term the demised premises shall be restored, at the option of the Lessor, to the same condition in which they were at the commencement of the term, and the cost of said restoration shall be paid by the Lessee, which cost shall be treated as additional rent due and owing under the terms of the Lease. This paragraph is subject to the exception of ordinary wear and tear and unavoidable damage by fire, elements, casualty, or other cause of happening not due to the Lessee's negligence; further, this paragraph shall not be construed to require reconfiguration of interior partitioning. (b) LAWFUL POSSESSION: FIRE PREVENTION. Said Lessee shall not carry on any unlawful or immoral business in or about the demised premises, and shall not carry on any business which will endanger the building from fire or cause a forfeiture of any fire "0, " insurance that the Lessor has or may hereafter have on said building, The Lessee shall use every precaution against fire or activities which would cause a forfeiture of any fire insurance that the Lessor has or may hereafter have on said building. The Lessee shall not operate any machinery or equipment that may be harmful to the building or disturbing to other occupants of the building, Further, the Lessee shall not place weights in any portion of the demised premises beyond the safe carrying capacity of the structure, (c) SKiliS, No showcase, sign or hanging or protruding sign or permanent obstruction of any kind shall be kept or maintained by the Lessee on any pllrt of the building or sidewalk in front of the demised premises, said space to be used only for purposes of ingress and egress; however, Lessor shall provide for representation on the building directory. Further, this shall not be construed to prohibit a sign (consistent with other tenants in the building) on the door or immediately adjacent wall of the demised premises, (d) ALTERATIONS AND IMPROVEMENTS, The Lessee shall not have the privilege of improving the leased premises for Lessee's own purposes, unless Ihe Lessor approves any proposed improvement(s) in writing, and improvemenls are made al Lessee's , expense. (e) SUBLETfING AND ASSIGNMENT BY LESSEE. Lessee shall not sublet Lessee's office space or any part thereof, without the prior wrillen approval of Lessor, Lessee shall not assign Ihis Lease or allow itlo be assigned in whole or in part, by operation of law or otherwise, without prior wrillen approval of Lessor, Landlord will not unreasonably withhold permission. 6. LFSSOR'S RIGJITS. (a) RIGHT OF INSPECTION. It is agreed and understood that the Lessor, said Lessor's duly aUlhorized agents, and said Lessor's heirs, executors, administrators, successors and/or assigns, may enter the premises hereby leased at reasonable times during the term, for the purpose of inspeetion, (b) RULES AND REGULATIONS. The Lessor may from time to time establish reasonable rules and regulations for the safety, care and cleanliness of the premises, and for the preservation of good order therein. Such rules and regulations shall when notice thereof is given to Lessee, form a part of this Lease, No rules or regulations shall be arbitrary. but shall be reasonable in every respect. 7, RFSPONSmlLff\' m: LFSSEE. (a) DAMAGE OR INJURIES TO PROPERTY, All damages or injuries done to the premises by the Lessee and/or said Lessee's customers, clerks, servants, agent, employees, visitors of the Lessee, ...,d individuals for whom the Lessee is responsible, other than those caused by ordinary wear and tear, shall be repaired by the Lessee herein. And, the Lessee .' covenants and agrees to make said repairs upon Twenty (20) days' written notice given to said Lessee by the said Lessor, and if the Lessee shall neglect to make said repairs or commence to make the same promptly or complete the same within Twenty (20) days after receiving said notice, the Lessor shall have the right to make said repairs at the expense and cost of the Lessee, and the amount thereof may be collected as additional rent accruing for the month following the date of the said repairs, and if said expense is made at the expiration of the term, then the cost so made may be collected by the Lessor as additional rent for the USA of the premises during the entire term, (b) PAYMENT OF JUDGMENTS. ETC. The Lessee shall bear, pay and discharge when and as the same become due and payable all judgments and lawful claims for damages or otherwise against said Lessor, arising from the Lessee's use or occupancy of said leased premises and will I!Ssume the burden and expense of defending all such suits, whether brought before or after the expiration of this Lease, and will protect, indemnitY and save harmless the Lessor, or said Lessor's agents, servants, employees, and the public at large by reason of or on account of the use or misuse of the premises hereby leased, or any part thereof, due to the negligence of the Lessee and/or the said Lessee's agents, clerks, servants, employees, visitors, customers, and individuals for whom the Lessee is responsible, (c) DISCHARGE OF LIABILITY BY LESSEE. In consideration of securing the within Lease at the above-stated rent, the Lessee does hereby release and discharge the Lessor, its agents, servants, and/or employees, and said Lessor's heirs, executors, administrators, successors and/or assigns, from any and all liability by reason of any injury, loss and/or damage to any person and/or property in the demised premises, whether belonging to Lessee or any other person, caused by any fire, the breaking, bursting, stoppage and/or leakage of any water pipe, gas pipe, sewer, basin, water closet, steam pipe and drain in any part or portion of the demised premises and/or any part or portion of the building, of which the demised premises is a part, and from all liability for any and all injury, loss and/or damage caused by the water, gas, steam, waste and contents of said water pipes, gas pipes, steam pipes, sewers, basins, water closets and drains, or from any kind of injury, loss and/or damage which may arise from any other cause on the premises or in the building, unless directly attributable to Lessor's negligence, (d) FIXTURES PECULIARLY COMMON TO LESSEE'S BUSINESS, Fixtures peculiarly common to the Lessee's business and function of the same (counters, vaults, drive-in window units, etc.) shall be provided and installed by the Lessee. 8. RESPONSIBILITY .QE LESSOR. (a) PARTIAL OR TOTAL DESTRUCTION OF PROPERTY, In the event that the building on the demised premises shall, during the term of said lease, or any renewnl thereof, be destroyed by fire or otherwise thereupon making the premises untenantable and unfit for occupancy, the Lessee shall have the right to cancel and terminate this Lease upon giving notice in writing to the Lllssor herein, within Fifteen (1 S) riays from the date of destruction, and the term of this Lease shall cease as of the date of destruction. In the event, however, that the said building shall be damaged, by lire or otherwise, but not destroyed, the Lessor shall thereupon cause the same to be repaired and restored to its former condition and to act with the greatest possible diligence. If the said lire, or other causes, shall have rendered the premises partially or totally untenantable, payment of rent thereunder shall be reasonably abated to continue from the time when the Lessee heroin shall notify the Lessor of such condition such time as the building is so repaired and again ready for occupancy, and the Lessee herein agrees that, in the event that the building shall be partially destroyed by lire, or otherwise, as to render said repairs necessary, that the said Lessor shall there upon have the right, through the Lessor's servants and agents, and that the servants and agents of any contractor employed by the Lessor shall have the right to enter for the purpose of making such repairs and the so taking of possession shall not be an eviction of the Lessee and shall in no manner affect the term of lease. A disputed abatement shall be subject to arbitration in accordance with the rules of the American Arbitration Association. Partial destruction is to be restored within Ninety (90) days from the date of destruction. (b) DAMAGE FOR INTERRUPTION OF USE. The Lessor shall not be liable for any damage, compensation or claim by reason of inconvenience or annoyance arising from the necessity of making repairs, alterations and/or additions to any portion of the premises, the interruption in the use of the premises or the termination of this Lease by reason of the destruction of the premises. 9. REMEDIF,S QE LESSOR. If the Lessee should remove or prepare to remove, or altemptto remove from the premises hereby leased before the expiration of the term or at any time during the continuance of the Lease, or if the Lessee shall be in default in the payment of any installment of rent for the period of Twenty (20) days, or should there be a default in any of the covenants or conditions as herein contained, and should the Lessee fail to remedy such default within Twenty (20) days of notice, or if the Lessee should become insolvent, or make an assignment for the benelit of creditors, or if a petition in bankruptcy is filed by the Lessee or a Bill in Equity of other proceedings for the appointment of a receiver for the Lessee is filed, or if proceedings for reorganization for composition with creditors under any state or federal law be instituted by or against Lessee, or if the real or personal property of the Lessee shall be sold after levy by any Sheriff, Marshal or Constable, then in that event, rent for the unexpired portion of the then current term of the Lease at the rate which is then due and collectible under the terms of this Lease, shall immediately become due and payable and shall be collectible by distraint or otherwise. and the Lessor shall have the further right in said event, to forfeit and terminate this Lease. The said forfeiture to be effected by giving notice in writing to the Lessee herein or to the person then in charge of the demised premises. 10. ACCEPTANCE QE NOTICE QE OUIT: DISPOSSESSION WAIVER QE REMEDIFS QE LESSEE: WAIVER QE DEMAND, And the said Lessee hereby accepts notice to quit, remove from and surrender up possession of the said demised premises to the Lessor, to said Lessor's heirs, executors, administrators, successors, and/or assigns, at the expiration of the term hereof, whenever it may be determined. On the failure to pay rent due for Twenty (20) days, '. or upon breach of any other condition of this Lease, as possibly modified by Paragraph 9 thereof, despite the distraint, the Lessee shall be nontenant, subject to dispossession by the said Lessor, without further notice or process of law, with release of error and of damages and said Lessor may re-enter the premises and dispossess the Lessee without thereby becoming a trespasser. And the Lessee hereby waives the benefit(s) of all exemption laws of this Commonwealth that now are in force or may hereinafter be in force, or in any action or actions that may accrue on this contract, and in any distress or distresses that may be made for collection of the whole of said rent, or any part thereof. Waiving also the benefit of stay of execution, inquisition, extension, right of appeal, certiorari, and all errors, in all proceedings arising out of this Lease. The Lessee does also hereby waiver any and all demand for payment of the rent herein provided for, whether on the day due or on any other day, either on the land itself or in any other place, and agrees that such demand shall not be a condition of re-entry or of recovery of possession without legal process by means of any action or proceeding whatsoever. 11. REMEDIES CUMULATIVE. All remedies of Lessor herein shall be cumulative and concurrent. 12. POSSESSION DEFINED, That possession of the premises herein, includes the exclusive use of the same, together with the use, in common with any other occupants of the building, of the hallways, stairs, elevator(s) (if any), toilet rooms, heat, air conditioning, electric light and water. 13, LIABILITY RELIEF. The Lessee hereby relieves the Lessor from all liability by reason of any injury, loss and/or damage to any person or property in the demised premises which may arise from or be due to the use, misuse or abuse of the elevator(s), hatches, openings, stairways, hallways, that may be (or have been) constructed in the building, or from any kind of injury, loss and/or damage, which may arise from any other cause on the premises or in the building unless directly attributable to Lessor's negligence. 14. CONDEMNA nON. In the event that the premises demised or any part thereof is taken or condemned for a public or quasi-public use, this Lease shall, as to the part so taken, terminate as the date title shall best in the condemnor, and rent shall abate in proportion to the square feet of the leased space taken or condemned or shall cease if the entire premises be so taken. If a part taken substantially and unreasonably interferes with the function and efficiency of the Lessee's business, the Lessee may terminate the lease on the remaining portion of the originally demised premises, by delivering a Fifteen (15) day written notice to the Lessor, and any dispute shall be subject to the arbitration in accordance with the rules of the American Arbitration Association. In any event, the Lessee waives all claims against the Lessor by reason of the complete or partial taking of the demised premises. '. WILLIAM C. KOLLAS, WILLIAM T. KIRCHHOFF, and D. LEE MANLEY, a partnership, d/b/a FERNWOOD OFFICE COMPLEX, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNT, PENNSYL VANIA v. :No. PAUL M. BONTEMPI, Defendant : CIVIL ACTION. LAW VERIFICATION I, WILLIAM C. KOLLAS, ESQ., as partner of an authorized agent for Fernwood Office Complex, verifY that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsif1cation to authorities. BY: WI/tL William C. Kollas, Esq. Owner DATE: Ie ..(p -1 " ~.