HomeMy WebLinkAbout00-00628
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ohnson, Duffie, Stewart & Weidner
By: C. Roy Weidner, Jr.
JD. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendants
HOLY SPIRIT CORPORATION,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. ()O(X) - {p::.yt
v.
CONSTANTINE G.J. TOUlOUMES,
JAMES J. TOUlOUMES, III,
JAMES J. TOUlOUMES, JR. ,
FROSO I. TOUlOUMES and
JFK-T GROUP, INC. d/b/a T-KOSTA'S,
Defendants
CONFESSION OF JUDGMENT
FOR POSSESSION OF REAL PROPERTY
AND NOW, this 3'. day of February, 2000, pursuant to the authority contained in the warrant of
attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the
Defendants and confess judgment in ejectment in favor of the Plaintiff and against the Defendants for
possession of the real property described as follows:
ALL THAT CERTAIN parcel or lot of real estate situate in East Pennsboro Township, Cumberland
County, Pennsylvania, being more particularly bounded and described as follows:
BEGINNING at a point at the southwest comer of lot "B" on the hereinafter described Final
Subdivision Plan and at a point on the northem line of other lands of Holy Spirit Hospital of the Sisters of
Christian Charity; thence along the northern line of other lands of Holy Spirit Hospital of the Sisters of Christian
Charity South 77 degrees 45 minutes 00 seconds West a distance of 50 feet to a point at the southeast corner
of lands now or formerly of Nicholas A. Rillo and Joseph A. Rillo, Jr.; thence along the eastern line of the same
North 12 degrees 15 minutes 00 seconds West a distance of 239.88 feet to a point on the southern line of
other lands of Holy Spirit Hospital of the Sisters of Christian Charity; thence along the same North 77 degrees
45 minutes 00 seconds East a distance of 50 feet to a point; thence along the western line of other lands of
Holy Spirit Hospital of the Sisters of Christian Charity South 12 degrees 15 minutes 00 seconds East a
distance of 80 feet to a point at the northwest corner of Lot "B" on the hereinafter described Final Subdivision
Plan; thence along the western line of said lot "B" South 12 degrees 15 minutes 00 seconds East a distance
of 159.88 feet to a point at the northern line of other lands of Holy Spirit Hospital of the Sisters of Christian
Charity, the point and place of BEGINNING.
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CONTAINING 0.2753 acres.
BEING Lot "A", Final Subdivision Plan of Two Tracts of Land, dated February 3, 1987, recorded in the
Office of the Recorder of Deeds of Cumberland County in Plan Book 53, Page 16.
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
: 130859
5574-50
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?fohnson, Duffie, Stewart & Weidner
By: C. Roy Weidner, Jr.
LD. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Holy Spirit Corporation
HOLY SPIRIT CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. .;2.utn) - &,). P'
v.
CONSTANTINE G.J. TOUlOUMES,
JAMES J. TOUlOUMES, III,
JAMES J. TOUlOUMES, JR. ,
FROSO I. TOUlOUMES and
JFK-T GROUP, INC. d/b/a T-KOSTA'S,
Defendants
COMPLAINT FOR CONFESSION OF JUDGMENT
FOR POSSESSION OF REAL PROPERTY
AND NOW, this 3'" day of February, 2000, comes Plaintiff, through its undersigned attorneys, upon a
cause of action for confession of judgment for possession of real property whereof the following is a
statement:
1. Plaintiff Holy Spirit Corporation is a domestic nonprofit corporation located at 503 North 21 st
Street, Camp Hill, Cumberland County, Pennsylvania.
2. Defendant Constantine G.J. Touloumes is an adult individual whose last known address and
present whereabouts is 328 West Old York Road, Carlisle, Cumberland County, Pennsylvania.
3. Defendant James J. Touloumes, III is an adult individual whose last known address and
present whereabouts is 328 West Old York Road, Carlisle, Cumberland County, Pennsylvania.
4. Defendant James J. Touloumes, Jr. is an adult individual whose last known address and
present whereabouts is 328 West Old York Road, Carlisle, Cumberland County, Pennsylvania.
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5. Defendant Froso I. Touloumes is an adult individual whose last known address and present
whereabouts is 328 West Old York Road, Carlisle, Cumberland County, Pennsylvania.
6. Defendant JFK-T Group, Inc. d/b/a T-Kosta's is a domestic corporation with its principal place
of business located at 451 North 21" Street, Camp Hill, Cumberland County, Pennsylvania.
7. Plaintiff is successor by deed and assignment from Holy Spirit Hospital of the Sisters of
Christian Charity of a Ground Lease dated December 29, 1986 by and between Holy Spirit Hospital of the
Sisters of Christian Charity and Nicholas A. Rillo and Joseph A. Rillo, Jr., a partnership d/b/a Rillo's.
8. True and correct copies of the originals of the documents referred to in paragraph 7 above
are attached hereto, incorporated by reference herein and respectively marked as follows:
Exhibit "A" -- Ground Lease dated December 29, 1986;
Exhibit "B" -- Deed dated June 30, 1988 (reduced copy); and
Exhibit "C" -- Assignment dated October 11, 1988.
9. Defendants Constantine G.J. Touloumes, James J. Touloumes, III, James J. Touloumes, Jr.
and Froso I. Touloumes are successors to the December 29, 1986 Ground Lease referred to in paragraph 7
comprising Exhibit "A" hereto by assignment to them of Nicholas A. Rillo and Joseph A. Rillo, Jr., a
partnership d/b/a Rillo's of Carlisle and formerly d/b/a Rillo's, a true and correct copy of which is attached
hereto, incorporated by reference herein and marked as Exhibit "D".
1 O. By First Addendum to Ground Lease dated April 11, 1996, a true and correct copy of which is
attached hereto, incorporated by reference herein and marked as Exhibit "E", Defendants were made
Lessees pursuant to the Ground Lease dated December 29, 1986 referred to in paragraph 7 comprising
Exhibit "A" hereto.
11. Defendants are in default on their obligation to pay rent under the Ground Lease dated
December 29, 1986 comprising Exhibit "A" hereto, with Addendum, and as assigned.
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12. Notice of default was given to Defendants as evidenced by the following:
A. The Notice of Default to them, a copy of which is attached hereto, incorporated by
reference herein and marked as Exhibit "F".
B. United States Postal Service receipts for certified mail to each Defendant, copies of
which are collectively attached hereto, incorporated by reference herein and marked
as Exhibit "G".
C. United States Postal Service return receipt card for articles Z200146408 and
Z20014611, copies of which are collectively attached hereto, incorporated by
reference herein and marked as Exhibit "H".
D. Plaintiff's certified mail envelopes for articles Z200146409, Z200146410 and
Z200146407 to Defendants Constantine G.J. Touloumes, James J. Touloumes, III
and James J. Touloumes, Jr., which were left unclaimed with the United States Postal
Service after notice, copies of which are collectively attached hereto, incorporated by
reference herein and marked as Exhibit "I".
13. Defendants have wholly failed to cure their default in response to said Notice.
14. Attached hereto, incorporated by reference herein and marked as Exhibit "J" is a description
of the property which is the subject of this action.
15. The original Ground Lease upon which judgment is being confessed, its assignments and
First Addendum were for commercial and not residential purposes, and were freely negotiated by the parties
thereto, all of whom were represented by counsel.
16. This judgment is not being entered against a natural person in connection with a residential
lease.
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17. Judgment has not been entered on the original Ground Lease, its assignments and First
Addendum in any jurisdiction.
18. Plaintiff is authorized to confess judgment in ejectment against Defendants for possession of
the leased premises by warrant of attorney contained in paragraph 15.B.2. of the original of the Ground
Lease comprising Exhibit "A" hereto.
19. The warrant of attorney appearing in paragraph 15.B.2. of the original of the Ground Lease
comprising Exhibit "A" hereto is less than 20 years old.
WHEREFORE, Plaintiff demands judgment in its favor in ejectment against Defendants for
immediate possession of the premises which is the subject of this action as described in Exhibit "J" hereto.
: 130838
5574-50
RT & WEIDNER
By:
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VERIFICA TlON
I, G. Randall Newhouse, President of Holy Spirit Corporation, 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 made herein are subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
HOLY SPIRIT CORPORATION ~
BY:A7~wn~
G. Randall Newhouse, President
Dated: ;I cY4/J
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GROUND LEA.SE
TBl'S GRO'lJ'ND LEASE, made this r)'~'t.~ day of ~.,.J.~, 19S6, by and between
HOLY SP'!RIT HOSPITAL 011 THE SIS'T:BRS OF CHlllS'rrAN CHARI'lY; a . Pennsylvania
not-for-tlroflt eorporation, with Its principal plae~ ot business in Bu.t Pennsboro
Toyt1\shlp; Cumberland County, '~Msl'lvanla, hereinafterclIUed "t.essor" lWd NICHOLAS A.
lULLO and JOSEPH A. R.ILLO, JR., a ~ertnel'Ship. (Jj'p!a. nRiJ,lo's," of E!l!Jt Pennsboro
Tl)wnshlp. OJmoorland County, Pennsylvania, hereinafter: called "Le$5e.~".
WIT N E SSE '1' H:
WHEREAS, Lessor is the owner ot Lot No, 1, ~divisionPJ.an of Three TJ:acts of
Land for Holy Spirit Hospital of the Sisters of Christieil Charity! a Penn,sylvania
not-tor~i?ro!it corporation, dated l\Ilarch 20, 1981, r~otdedl.n the omaa of the ~ecorder
of Deeds tor CUmberland County in .F1a.n Book 40, Page 3jand .
WHEREAS, Lessee desires t.o lease a portion of sllotd real esta.te,under and s~bje.at to.
the terms and conditions hereinafter provided; 8.\,d
WH:eREAS, the portion ot said :1.ot No. 1 to be .Ietbyz.,esl;lOL' to LtlSsee: is more
par ucularly desoribed in Exhibit "A", end .is herelI}{l.!ter referred to as the "Leased
Pren1Ises"; and
WHEREAS, Lessee desire! to construct upon the: Lee,sed Premises an eKpMsion of
their existing parking lot, construct !Or plant '8 landsc.willgbuf:fer and oj:hllr::Imt>rovements,
l'IereLnafter referred to as "Impro'lemants~j and
WHEREAS, the parties desire to confirm their un~rstanding In writing.
NOW, THEREFORE, the partIest tor and in consideration ot the mutUal promises and
understandings more 8ll'ElQltieallY set forth below, t~ether witl1. other 'good and' valuable .
<l<lnsideration, intending tQ be legall$ bOllnd hel'eoy, agree as tolloY/s;
1. :Rceitals. The recitals set forth above a.re l.r\corporated Mreinby referene~.
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2. JJeaae<l PteD1\$e$. That portion of Lot No. I, Sl;1bdM51o~ Plan ol, 'Ibl'~ Tl'acts ot
~end for HolY SpirIt Hospl~l (If the Sisters ot Cbristia.n CharitY,; e. Pllonsyl"lanill
not-fClr-proflt corporation, ds,te<1 ]I(;S.l'~ 20, 1981, rec~rdedl~ ~e Otflce ;Qf ti:le R'<lcorder
ot Deeds for Cumberland County In Plan Book 4Q, Pase 8 'la more p&.l'~!rollrlY bounded
e..'1<l d~seribed in Exhibit f1A", attae.hed hereto and made' pert her~t. Said real estate Is
hsreinatt~r ce.lled the "Leased Premises".
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3. Demise. Lessor coal! heNl~Y demise and let untp Lessp.e the Leased Premises,
whioh is more particularly bounded and described in IlKhibit ~ A", under a!!clsubject to the
terma and condltions hereinafter provided.
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5.Q9Uoos to Benew. Lessor agrees that L~ssee ~ll have eM ~ hereby gl-anted il
Sllooe.sSive options, each for a period of one (1) years, to ;l'enew or exte."l<I the term of
this Lease. Each suoh renewal term shall begin, re~ectively, upon the expIration of the
original term of this Lease or thi9. Lease as extended, and ~11 terl1'\$, eovene-.nt., 8.l\d
provisions of this Lease, Including tlle provisions of Paragraph' 'I hereof, sh~ apply to
each extended term, provided, however, that :it either on the datG .ot flxplrl!-tlon of the
original term or the original term as extended, IMisee is then In detaulf under any grace
period herein proVided, 8.l\d in the performance of any of the terms and proviSions of this
Lease, that option or future options, if any, shall .be and. b~(Iome null an<l void. If
Lessee shall e1ect to exercise the aforesaid options, Lessee' shall do so by gh'illi Lessor
notice in writing of its intentior, to. do so not later than ninety (90) (lays prior to the
expi~ation of the term of this Lease or the Lease as extended.' The maximum term of
this LeMe and all renewals thereot $hall be ten (10) yes$'fl.'om the tem1 oommencement i
<late of. the original term. Failure to give the requisite not~ee and Lessee remaining L,
possession after the e~iration of th.; original term or the ezi;liratlon of the thea-current
renewal term shall be 8 holding over antI' Luse,e allall become: a tenant from
montb~to-month upon the terms ha-ein specified, at a mon~hl.yrental; 14enUeal to the
monthly rental payment the month next preceding the m~h of; stroh taMlnation, payable
montbly in advance. Lessae or Les~r shall have th!lrl~t to ;termlnate said tenan<lY bj'
giving the other party written noth~e of termination at .1e8:sEI si~ty (60) days prIor to the
eftecUve date of such termination.
..(. Te1'lll. The term (If this LeaSEI shall be tive (5) yctU's, cornmeno~lg on J(Ul:lary
1981 and ending on December 31, 1992, unless as extended as hereinafter: I?rovLdeoi.
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. &. ~nt. The annual rental herwncier shell be the sum of :Four 1'h~s~d ($4100(l.OO)
Dollars, which said re.,t81 shall be paid, i.n advanee, quat'terlY ~mme)\cini January 1,
1987. Le~see shall pay. said rent, In advance, quarterly,' on the' fit'st day ot each month
of the quarter during the term Iiereof, or e:n.y renewal thereof, :witllout noti~e O~ demand,
and without abatement, deduction or set elf. Rent f~ 8!'IY period of a pertie.1 quarter (3
months) shall be apportioned.
,/, ~nt - Renewal Term or Tel'lllS. The rent for: each.renewal teL'lll shsll be as
mutually agreed by and between the Lessor and Lessee. After Lessor shnU receive
Lessee's. written notice of thE!lr intention' to extend the term of the Lease for an
additional 'one (1) year 1 Lessor shs.~atlvise Lessee,in W'l'iting, to the proposed annual
rent' for the extended term. The maximum increase for. each renewal term Shllll be ten
(109&) pel:(lent of the original term or the renewal terml liS appiicable. In the event that
Lessee <l\:les not e.acept the rent II.S propcsed by Lessor :w1tIlUl' ii!tGen (l&)de.ys pl.'1Qt' to
the e.ffeQtive date of the renewal tern\, then Lessees liotldEi .of h\$ intention to extend
the term of this Lease shall be de<!:med revoked a.nd Lessee, .effective the date ot
termination of tM then.current term of the Lease, shall be<;lome a month to month tenant
subject to provision of l?aregr!lph S hereof.
8. Possession. Possession shall be' given by Lessor .to Lessee 'upon the term
eOlnmencemellt date of the origipal term of this Lease, Janu&')" 1, 1987.
9. Construction of Improvements. J.,essee may, ULlOnthe 1erm, l:o~lI\'lemf)nt date of
the Lease, oom.'Tlenee oonstruction of the IrnJ;ll'Ovementsl. including the extension ot the
L<!ssee's existing parking lot, landscaping and other Improvements. The C(lnst.:'uctlon of
the Improvements shall be under and subject to the followingl
A. Plans and Specitlc,ations. Lessee shall submit: to : Les~or I . prior to the
commencement of construction, detailed plans a,'l.d speelt!eations fer the
&Ktenslon of the existing parking lot, to lnclll,~e detailed storm water
mllIl8.gement .plans. ,In addition, Lessee shall submit to LeS~<lr, prior to the
commencement of construction1So detaUed land soaping plan, setting forth t.~~
location or aU Plant~ to' be planted and the IderAtlfjcstlon of any trees, plants
or other vegetative matel'ial. to ~ relocated andl'ep~&Jlted by. Lessee.
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13. . Lessor's Bight of Inspection dutilIS' Con.truetio~ ~nd .00~~11l~O* of the
bnprovements. Lessor, its agents or err.~oyees" 8~8U have. t/l$ .1.'1glit, <It!rlng
the course of ~onstructlon, to lnsPllOt the, llillPl'ovements'.. It, in. t.es50r's
opinion, the tmp,l'OvelJ\ents are not being cOll$tructeli in a good and workmanlike
manner and In accor&nce with the approv~~ I ~~sns ;:and speclti~iiOtUl. LtssQr
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shaU notity Lessee, in wrlting,and Lessee shall 'make the nec:essery eorrectlollS
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promptly. Upon completion, Lessor reserVeS Ule right to make e. f1ne.i .IJlspec:tlon
of the Improvements to insure that the Improve~enti3 are b1.\ilt $ul:>$tantially in
accordance with the approved plans and speoificatlon$.
c.r,,:echanlo's Lien,s.. Lessee sb8.ll not suffer Ot' pernl~t any mechanic's liens or
other liens to be fieo against the fee of the Leased Premises, against Lessee's
leasehold interest In the Leased Premises" or : the ,lmprOvelMIl~s to be
constructed thereon by reason o.f any work, labOr, services or materilll. supplied
or Claimed to have been supplied to Lessee. It My sU~ mecllanl~'s liens or
matel'laIman's 1ienssha.U bs rooorded against ~~ Leased Premises, Le~see shall
C:lluse the same to be immediately removed o~, in Ule altenW.tive, if Lessee, In
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good faith, de~lres to contest the same, Lesse,e s~U be pfi"lileged to 40 so,
but in sueh oase, Lessee hereby agrees to IMemn1!y and sllve. barmless Lessor
trom all liability fer damage occasioned thereby arid shaU, in the event of a
judgment or tOl'e~losU1.'e upon the mec:hanlc'$ IiE;n, ll9.Use the same to be
dlscha.rged an6 removed prior to the .ne.cution of s\I,ch judglnent.
Notwithstandl~ the toregoir.g, Lessor reserves the right In the event that
Lessee elects to eontest such me<lhani~'s lien ()t. niaterla1man's lie., to require
Lessee to <leposit with Lessor the amount of suc:h bll1un or !len, together with
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reasonable costs. Lessee shaU deposit said sum within thirty (5G) days after
written request by Lessor.
D. lluUding Perndts /,II1d Othet Municipal. Appr:oVa1s' :Lessee shall obtain, at its
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expense, all necessary permits and s.pprovat$ ~rom; apl?ropriate state an local
authorities sufti~ient to ce:rry out tl;le comtruetl?n of the Improvements e.~
herein contemplated.
10. Wer~8Dt1 of Title and Quiet Enjoyment. Lessor hereby represents and warrents
that Lessor is the owner in lee simple absolutely. the Leased Premlse$ subjec:t to
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covenants, :con4itions, Nstl'j.at!Oll&, easement and other matters ot r~(lord, ~d s~if1cally
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sUbj$et to the rl~t of the West Shore .\rea Hospital Aut:horit1, p.ursua.nt t-) Agreement of
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Lease, dated a$ of July 15, .1981, the First Sup~lemell..taI . Agreement. ot Lease, dated as of
Maroh 15, 1985, the rlgttll of Lesso~ pumue.nt to an Agreement of Sublease dated as of
July 15, 19S1 and tile First Supl,llen'lentaJ. Agreement Qt Sublease, da,ted as of Motch 15,
1985, as well as the rights of Dauphin Deposit Bank & Tr\lSt Company, Trustee pursuant
to Trust Indenture, dated as ot Mareh' 15, HiSS. Further, Lessor eovenants and a~rees
that Lessee, on paying the rent he~ein provided tor and the .observing and keepIng ot the
covenants, conditions and term of this Le!lJle on LesMe's part of be kept or ~erformed,
shall Inwt'Ully and qU1etly hold, occupy and enjoy the, Leaged Prem.ises <luring the term of
this Lel\$e, without hinderance or mol~tatlon of Le&So~ or any person elalrnlng under
LesSQr, except this LeasEl is speaificeJ1y subjeat to the r1ghts ot the West Shore Area
Hospital Authority, Dauphin Deposit Bank & Trust Co!n~, as T~u~teer /l,I\q the r4;hts of
the bondholders of W'lSt Shore. Area Hospital Authoritf Hospital Ravenull RetW1cli.'Ig' ElQnds
~ Series of 1985.
11. Reel Ertate Taxes. In the evp,nt that the Lea~d Pl'emises or the Improvements
constructed thereon, or both, shall be subjeClt to COlUlty, township and school di$ trlet real.
estate taxes, then, in that event, Lessee shall p~ said .county, townShip and school
distriot real estate tu:es e.S~essed during the term of this Lease or any elttenslon
the~of. For any fraction of ~ tax yeer of the ta.'dng authority at the b'3giM!.ng or end
of the term, or any extension thereof, Lessee's obliga~ton: shall be prorated .as of the
eommenallIment <late of the term or U901l the expirationo! thll term, or any extension
thereof,
12. Use of ~ase<I. Premises. Les see shall: have. thll. right to use the Leased
Premises for the sole and exclusi va purpose of pro'i'iding oU':street perking facilitle9 to
Ilccoomodate the restaurant use and for no other USEl witliout the prior. :written conse.nt of
Les.sor .
13, MEtintel1l1llee. Lessee shall rrw.int.1fn thil Leased Premlses IUld the ~rovements
constructed thereon in good.eondition dm'ing the :term. of thls Lease or any rene'l/al
thereot, including maintenal!-ce of the landscat>tn~ ~~ter, so as to preserve the
lli?l?eo.ranee ot the lmprovements. inclUding the landscaping buffer,. and to avoid the
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~eation of MY unsightly, lJn:!l6.llite.rj- .01' offensive l:!ol'lditions. t.es!Y.:l1' hereby grants to
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. L~ssee, ~ license during the term of this Lease or any . renewal :thereof, !to ent~r upon the
, abutting: real estate owned by Lessor for the pUrp(lSeg ot . proViding m~tenilnce ,tor the
treGs, !Ihrl.lbs and other vegetative materiel comprising :the lanilscaplng burter.
Maintenance of the landscaping buffer, during the term. (If tills ~as~ or ,any renewal
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thereof,' shElll be and remaln the responsibility of Less~e, including, b\1.t not limited to,
replacing 8J:lY plants, trees or ot.ier vegetative material wh!ch Is dying or dead. Purtha-,
Lessee ?Shall specifically be responsible, at its expense, to. maIntain: all :storm water
management faollities with r~pect to the Pro~rty, It necessary, ;1.&SsOr grants to
Lessee a llcense to enter upon its property for the. purpose: of maintaining said storm
wa~r faciUties.
n-14.: Estoppel Cettifleo.te. Either party shall lit anY: tlll?e and fJ10m t.lme to time,
upon llO't less than fifteen (15) days prior written request by'the othilr. party, exe<lute,
aclmowl~e and deliver to such party a statement In writing c~rti!ying ~ltat this Lease Is
WllnQdif~ed and In full, force ~nd effect or It there has.l)eIli1.~ moditi~aiion..thereof that
t'lle IIan)S Is In fUll force and eftoot as modified nn4 statillg the rjIOdifl<<:!ati<)n or or
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modi:flea.tions and tl1at tlla-6 are no defaults exi$tins:! or if there; are any claimed
defauJ.tel' stating the natUl'6 nnd enent thereof, an<l ste,ting We dates ~n wRlch the rent
alld othfjl' <lharges have been ,paid In advance.
1&. Event of DefauIt/:aernedle5. Lessee shall .be in d;efault h~eun<hlr upon the
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taUUl'e to pay any l'snta.s the same shall become due) upon failute to'tultlU any of the
covenants of this Lease, upon ,default Of any mortgage th~Ue~ of Whlc~ Is upon the real
estate of Lessee abutting the Leased Premises, or upon tiessee becpmlr>.g Insolvent.
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making ;an assignment for the benefit of creditors, committing; any act :of bankruptcy, or
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fWng II VOluntary petition of bankruj?tcy, If an event of default occurs, the following
snall be applicable I
A. 'l'lme for CUring Default. No. faUure to pe~tol:lll. anr condltl'?!l or covenant ot
this Lease shall ent$tle Lessor to terminate .the Lea~e unless :Iluch fal1l1ts shall
have contillUed for ten (10) days Mter wrltt:e!l noti(!~ requ1rl~ the; perf'ormaooe
of sucll condition or eQvenant 8h~1 have beel). g!v!:n to L~llee anCl if su(!h
default is not of suoh nature that it <lannot be retnediedwit!jln thb time, then
Lessee shall <lure said default within Q reasonable time, but: not .gree.ter than
thIrty (30) 4ays. . In the event that the nat~e Qf: the del~l.Ilt iL" fBllure to
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replace ~ead O~ dying trees, plants or other vegetative mat~rlal within the
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landsca.ping buffer, then the period to cure said default shall b~' extended until.
such time as weather conditions permit replanting or- repIaolng of said
vegetative materleJ,. Lessor s he.J.1 have the .rlght to require 1~sae to provide
reasonable assuranees that the <lead or dying' vegetative material will be
replaced as soon as weather permits.
B. :Remedy Upon DefaUlt. III the event of defau~t, not ha.ving: been cured as
described above, Lessor sha.ll have the CoUo\S'lngremedies, which s!lid remedies
shall be cumulative at the option of Lessor and shall not be exhausted by one
. '01' more exercise of said l'jlmedles:
(1) Bight to TermiMte. In tile eventtJw,t Iiessee ahe.ll. f~n to cure. any
default hereunder after notioe is provi~d 'in acoor<1Maei with Pa:agraph
lS-A hereof, then this Lease shall, at the option of Lessqr, terminate and
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Lessor shall be entitled to immediate ppsse)9sion ot . the f"easeo. Premises.
In t.ie event that Lessor shall elect to ~rmlnate. Q$ :hereln provided,
Lessor shall ,l'..ave the right to restore ~he Leased Premises to the
conditions which existed prior to the commerieeinentclate ~C this I,ease and
the cost there()f shall be paid by Lessee to Lessor within llfteen (1$) days
atter written demand for said payment. Lessor shall ~t\ve twelve (12)
months from the date ot terr.oination 'to l'estore the Le$edPremlses as
herein provided.
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(2) ,Judgment for Possession. Whim this Lease i1h~ be terml\tated by default
during tl'1e term hereot or any renewal' thereof, and also Fen, or liS 6000
as the term or any renewal thereof hereby created sMill ~ve expired,
Lessor Shall, after notice and the aforesaid period to <lUlIe, If applleable,
by any attorney, as attorney to~ .~ssee, rne in any eo~te1rt cr,urt an
~"l'Iicable aatlon for judgment in ejecllmint arta.lnst Lessee, :to'l' t!'le recovery
by Lessor of' the Leased Premises tor whio;1' this Lease shall be sufficient
warunt, whereupon, if Lessor 50 o:IeslrllS, a: writ of l?OS~SSiori may issue
forthwith, without any prior proceedings wha.tsoever; and provided, further,
that if tor any reason atter such action sh~ have been; oolllll'leneed, the
same shaH be terminated u a res~lt of action by Lessee and the
possession of the Leased Premises remain .in or be restored to Lessee
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after notice period above-described or upon the tel'mln~tion ~f tl1iis Lease,
to bring olle or more am!\ls,ble actions tQ recover pos~ssiol'li or the Lense
Premises.
(3) COntessloa Proeedure. In 8.11Y amicable action of ejectment, Lessor shall
first cause to be filed In such aotlon an e.ftidavit made by It (It someona
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acting for it setting forth the facts nr.:ceswy: to authorIZe ~e elltry of a
judgment, of which facts suoh aftldavlt shliiu be OOMlu~ive evidenoe.
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Lessor shall have the right, In oonnection with saidamlcal>le aotion of
ejectment. to file a true copy of thls Leas~ whioh al'.8.11 be sufficient
warranty of attorney,--any rule of oourt, custom or practloe to the
contrary notwIthstanding.
la. Liab'.Jity 'Insl,ll'ance. Lessee agrees to be respooolble for and tp r~ea.se and
hold harmless Lessor frorn all liability by reason of any injury 01' d~e .to !lAY pei:Son
or PrOp$r1y whatsoever in or on the 1_elilsed :Premises, however. caused or 'all~ll to be
oau.sed, and whether by use of the Let\slld Premises or. any of . the :Improvements
constructed in conne<ltion therewith; and furthet, Lessee hereby ngree::> to iindemnily anc.1
se.ve harmless Lessor against any a."l<I aU liability assel'tec.1 by any. third p~rson as a
result ot injury 01' accident to any pers':ln or property whetsol\!ver in Ol' on the Leased
Premises. Further, Lessee $hall provide, at Lessee's expenslll, the following Insurance in
which Lessor sllall be named as additional insured, an4 slie1l; furnish to Lessor, upon the
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execution of this Lease, certificates evidencing such ltllilllre,flCet alhdsk ,oomprehensive
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general publie liability Insurance with respect to the the Lea~ed !?remises, .with limits of
not less than One Million ($1,000,000.00) Dollars for any Single oceurrenee and not less
tha."l Three Hundl'ed Thousl.Uld ($300,000.00) DolllU'S for any ~nllperson tor death or bodUy
injury, and not less than One Hundred thousand ($100;,000;01)) doU$.l's fO!' dl!-m9ge to
property for any single occurreooe.
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17. Termination and SUrrender. Utlon the termination o~ expirl!,tJon of thoe term or
this Lease or any renewal thereof, Lessee shall deliver peac~ful pClSsession 'of 1M Looser.:
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Pl'emises to Lessor, provided. however, that I,essee shsU, at its eJq)ense, restore the
Lealle(\ Premises to nearly the S.!lme llondition as elC\sted t)ripr to the corrimenlleme!lt of
this Lease. The plU'ties hereto shh.l1 enter into S<lch arrangements a~ are necessary to
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insT.Il'& t~at the Leased Premises are restored to theb' pearlY ol'ig1n~ Cl'Qlt~it1Ql\provtdeO,
however; that Lessee shall by not later than six (6) m9nths from the dati; ot salcl
expira.tion or termination, make such restorations. Resto""tion of the' Le~<1 Premises
shall be .at Lessee's expense.
18. Lessor's lUght of First llefusnJ.. Lessee hereby'grants to Lessor a right of
first rel'usal for real estate, together with imp~ovemenu erected th~eon. under and
subteot tp the following tenns and oonditions:
A. Subjeet Real Estate. The real estate which Is the subject of Lessot's right of
t~st refusal are those twotraets of real estate situate to the west of the
property descrIbed in BJChibit nAn, being the $ame property which Parm House,
Inc., by Its deed Clated December 15, 1980 lPfantlld anq <:onve}'~ unto Lessee,
which said deed 15 reoorded in the Orflc~ of, the Reoorder of Deeds or
: Cumberland County In Deed Book G, Volume 29, Page '13. Said real estate Is
. more particularly bounded and des~ibed in It,,<blblt lIS", attached hereto and
made a part hereof. Said real estate, togeth~r with the irDpt'OvGmentG erected
thereont Is hereinafter called the nSubje<lt RMi Bstaten.
B. . Bight of First 1letusaL In the event tb,-t Lessee desires to sell the SUbject
: Real Estate during the tat'll'l of this Lease or Il.ny.renewal thereof. and l'~eives
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a a bona fide offer therefor, Lessee shall not: sell or agree: to sell the Subject
: Real Estate until Lessee shall givfol notice to Lessor of their 4esil'El to sell,
setting forth the name of the prospective purcl\aser or purchasers, the Cull
purchase I?riae and the other terms and CO\lditlons ot the bona fide of Ie\",
Written notice of said bona fide offer shall be in accol":19.I1Ce with Paragraph 18
hereof,
C. Les$Or's Right. 'Upon reeelpt of the written ll;Otic, $etting forth the te~ms and
conditions set forth in Subpll.l'agraph B hereof, Lessor shall have thirty (30)
days from the receipt of said notice to advise Lessee, in writing, ofib
. intention to purchase the SubjlSct Real Es~te upon the same tern-IS and
. conditions and at the. price set forth in $uoh Mtlce. Il'l. the event of an
. e:roreise 01' the right of first refusal by Les~or, Lessor Shall, within five (5)
. days after notlCle. ot .1tll intention to e~etcise this right of ri:r!lt re!usal, e~leaute
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an agreement to purchase the Subject Real Estate !romLess<\s ~n the 3iune
tams and conditions. Settlement shall ooeur within sixty (60) daYE> after said
agreement to pm-chase has been executed hi Lessor and Lessee.
D. Non-exereise of Right. In the event that Lessor shall elect l.lOt to exel'<llse its
right ot first refusal then Lessee shall have the right to (~or.clude tlle p~pCl'l ed
sale, but only to the person or persons ancl under the terms &J\<l .:eonditlollll set
forth In the above~desCl;'ibed notIce from Lessee to Lessor. In the event that
the proposed sale to the third party m:e.king thE! bona fide of tel' Is not
aonaluded, then ~ssor's right of first refuSal as herein provided shall be
reins tate d.
E. Besta:arant Operation.' Lessor acknowledges that L(!sse~' clll!renUy operates a
restaurant on the Subject :Real Estate. ;F1Jrther,any otter to pUrohase the
Subject Real Bstate may inolude an offer to purohase the restaurant Q~ratLon.
Accordingly, If Lessee shell receive an offer to purchase the SUbjecrt Real
Estate, which said oUer includes an oUer ~Q Pl,ll'ohaSe the. res'taUl'/lIlt op.eratlon,
either ser?arate1y or, as part of the otter to purohase the Subject Real Estate,
then Lessor's right of first refusal Shall /ipply to the Subject 'Reel Estate as
well as the restilurant operation and: Lessor: shall not, under those
circumstances, have the right to purehase only the Subject 'Real Estate.
1\1. LeS$O\"s ll1ght of Subdivision. Lessor stKlcitioslly reserves the right, ~t Its
elq;>ense, to subdivide the Leased Premlses desCl;'lbed 'in ExhIbit irA;" Upon oompletion of
the sul:xllvision of tile teased Premises' described in Exlu'blt "An this Leese shall be
deemed amended or modified 'to reflect the subdlvld~d parcel. Lessor shall forward to
Lessee a copy of the approved subdivision plan.
20. Notiae. All notices required pursuant to the tel'ltls ot this l.ee.se shaU be In
'l'lrlting and served by registered or certified rmtnj return reaelpt requested, postage
prepaid, to the parties at the tollowing addresses:
To Les !lOr:
Hol1 Spirit Hospital
ATTENTION: President
North 21st Street
Camp Hill, Pennsylvania 17011
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To Le, see:
Nicholas A. Rillo
Joseph A. Rillo, Jr.
~saRillo
451 North 21st Street
Camp Hill, PeMsftvanla 17011
Either party may, In aocordanoe with the terms or this provision, change the place at
which the party Is to reoeive notice. Further, notwiths't!inding: the foregoing, either party
may hand delivered notice required by this Lease provi<led :that the .party .givlng the
notice reoeives written acknowledgement that the noticre w~s delll1Gr~ to the party
r~eMni the notioe.
21.. . Lleense to 'O:!1e Part of .LesS<>r's Real Es~~. ,teaso\" h~;; ~u5ed to be
cOIi<JtI.'ucted a retaining wall along the northern portion 'of the!, me.ln enHance to Lessor's
taciUty. Said retaining wall is IlOnstl'Ucted approximataly OM! (1) 'to' tWo (2) feet llOUth
of Lessor's ncxthern property line in that area. LeSSee has'. paved u;> to the nOl'~ern
s1<le of that retaining waU, encroaehing upon Lessor's real eState approximately one U,)
to (2) feet. teS50r hereby grants to L-essee the righ~, during: the term:of this Lease or
any renewal thereof, to use and occupy saId one (1) to tv;Q (2): toot strip ot ground. '!'he
grant of saId license by L~s.or to Lessee to use sai~ real ~$te.te is tQ doeument that
Lessee's use of said real estate is with the Ilonsent of ~ssor and not hostile or
notorious.
99. Assignability. This Lease may not be asSigned by t.essee witJ\Out the exp~ess
written consent of Lessor. Le$sor reserves the right, at Its option, to asslgnt.lJls tease.
23. Governing Law. This Lease shall be government by end IlOnstr~d in aocordiulce
with the laws of the Commonwealth of PennsylvanIa.
24. B1nding Effect. ThL9 Agreement shell be binding upo,n IU'Id inu~e to the benefit
of the parties hereto, and the.!r respective heirs, ~el:Sonal .l.'epr~sentatlves., successors and
permitted assigns. .
25, '!'!me. Time shall be of the eS5ellCe of this LE'.a.se,
26 ModifIcation. This Lease she.ll not be amended, modified, al tared or chll1'.ged,
except in ~iting, signed by the parties hereto.
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27. Memorandum of Lease. Lessor reserves the rlght, e!t its; option, to recorll fl
memorandum of this. Lease.
28. Entire Agr~ement. This Lease contains the entire e.gr~emen~ by and :~tween the
pestles hereto and there &'e no written or oralunders:landlngs, representatiolls or
warranties e1Ccepl as expressly provided herein-
IN WITNESS WHEREOF, the Lessor and Lessee, .eachintet}ding :to be legnll;y' boWld,
have each executed or caused to be executed thls l-ease .ias o~ the day and year
first-above written.
LBSSOfu !, .
HOLY SPIRIT HOSPITAL OF THE
SISTERS OF CHRISTIAN CHARITY
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By
Sis
ATTEST~
~') ,e-5'i~4' ~~1.{)'!-'/'
sl-stant . Secre ary ,;
(SEAL)
WITNE5S1
LESSEE:
RILLO'S, .
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BXWBIT "'Aft
DB;:lCRIPTlON OF !&SBD PRmllSE$
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,BEGINNiNG at point, which se.ld point being the~ou~~ast property @rne.r ot1e.ndl! I
of ];Ullo, said point also being the on the dividing line petween Ja.nds of lUllo and land ot I
HolY Spi.tlt Hospital of the Staters qf Christian Char~tYl.t\1e.nce along the ,afo~mer.tloned I
divldU1i Une, North 12 degrees 15 minutes 00 seconds ,West a. ~tance of 239.8S teot to I
a point, said point being the northe~sterly corner of ~tiMs. of RUlel thence tru-~ugh ~ds I
ot Holy Spirit Hosl?ltal of the S13te..-s of Christian Charity. North 't'l~ell 45 minutes .
00 seconds East a distance of 52.00 feet to a pointt ~h!!li.ee e01,\tinuing tl1toUlh lMcls of
Holy Spirit Hospital oithe Slstero of Christian O1arity South 12 degrees 15 minutes 00
seconds East a d1stanee of 239.88 feet to a point, thence wntl.nulng through mid lands
South '77 degrees 45 minutes 00 seconds West, a dlstaneEi of 52.00 feet to a point, the
place otBeginning.
CONTAINING .286 acres.
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EXHIBIT "8"
TRAcr NO. 1
BEG[NNnlG at a point on the e'astern side of NOl'th ~ntl~F!l'st Stre~t at. ollorner of
lan~ll now or late or The Most REverend George L.LeaOO, lilshop of the 4locase of
Earrlsb'Jrg In Trust for the DioCese of Harrisburg (ltcrei.'lafter referred t.o as The Moo t
1l.e<ierend George L. Lueh)~ THENCE along the eastern. sirje. of Twenty~rlt'llt StNGt north
twelve' (12) degrees fifteen (15) minutes west twenty eiS-ht and sixteen one-htl'ldredths
(28,16) feet to. an Iron pIn atothlir lands of toe Orantor :herE!in; THENCE '1*11&' oUler
lands of the Grantor herein north seventy-seven (77) degrees: 'thitty-twb (32) mlrtutes east
seventy-one and thr"~tenths (71.3) feet to e rallroadspikEi; THENCE Il.tolli other lands
of .the Grantor herein north twelve (U) degrees tWentY~r!lght (2S) minutes west t,vo
hunlred eleven and litty-seven bne";hundredths (211,57) :teet 'to an !roo pin' a.t :lands now
or late of The Most Reverend Geo~ge L. Leach; Ti.lENOE al~ns: lands !lOW or late or The
Mclit ~verend George L. L~aoh nort.hJieventy-seven. (7;7) .degrees forty-five .(45) minutes
east two. hundred titty..rolJr and live~tenths (254.5) teet to 1m lronpi~l THENCE
contlnuing along lands now 01' late of 't'he Most Reverend George L. Leach south twelve
(12) degrees fifteen (IS) east two hundred forty (240) feet to an iron pipe; 'I'RBNCE
continuing along lands now or late of The Most ReV~r~dGeorge L. Leileb SQuth
$e"'~lnty-p.even (77) degrees forty-five (45) minutes 'Nest thtee hundJ.'ed twenty~flve (325)
tee,t .to a polnt at the eastern slae otTwenty-First :Street, beinr the place of
BEGIN!{lNG.
'l'OO:8THER with rights of lngrll$s, egress and regress. as described l.n the Deed from
Harry M. Ressel', Jr., et al, to :Fartll House, Inc. dated Fel)ruQ1>y 27, 19&2, and liSCOl'ded in
the Oftioe of the Recorder of Deeds of Olmberland O1unt~ in Deed Book ftL", Wl. 20,
rage 398.
TMcr NO, 2
BEGrNN1.:iG at a poInt on the eastern side of North Twenty-first Street at: OOl'Mr of
lands':lOW or late of Farm HOl1!le, 1M. which poInt, llle4sl1r!ld. along' t."le eastern side ot
NotlU'. Twenty-First Street, Is twenty-eight and sixteen otle~h\lndredths (28.1S) r~1 north
ot !In iron pin on the easte.~n side oi' north TYlentY-FIl'llt Str~et at eo;.'ncr of lal}ds n"lH or
late of the Most Reverend GeClt'ge L. Leach, Bishop of the dIO<l~e of .Batm~ In Tfust
for' the Diocese of Ha.rr~burg (hereinafter referred to ;&.s. The [4ostRever~nd ;GeOl'ge L.
Lallch) from Farm House, Inc.; THENCE .alon~ the ea.stern, jli.di\ or Twenty~Fl\lSt Street
north twelve (12) degrees twenty-elent (2Q) minute~ ~'le'st two hundred eleven and
eighty-five one hundredths (211.85) feet to a point at other lends nOVl' or late of The
Most :Reverend George L. Leach, THENCE alollB' lands nOlll a' late of The Most ReveT'end
Oeorge L. Leach north s'eveilty-seven (77) degree,S' fo~ty-flve (45) mln~tes east
seventy-five end thirty. oileM~uildredtl1s ('l5.30) feat. to e. point at other 1aoo& of the
Gr~tor . herein' THENCE along. ot.ier lands of the ~ramOl' herein. south (l~ degrlles
twonty-eight (28) minutes east two hundrad eleven aM' fifty-seven one-hundredths
(211.57) teet to a point at other lands of the Grantor' herein; THENca l,.'Olltlnuing along
other lllllds ot the Grantor hereir!, south seventy.,seven(77) 'deg~~e$ . thil't~-two (32)
mlr..utes west seventy-five a.'ld thirty o::ls-hundredths (15.3(J) feet to a pOint,. being the
place of :BEGINNING.
UNDER AND SuBJECT nevertheless. to existing rights of the publl~ and the
Department of Highways, COl!ll'll.onwealth o~ Pennsylvania. to portions ot the afocese.ld
de.scdbed tract for road 01' ether publla uses.
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. BEING the same. premises which Farm HQuse, Inc_, by: its 4~lKI .<\ate~ DCQe.cnber 15,
1.9aO and recorded in the 9:tfiee of the Recorder of tleli<ls ~t ClitJJberUind Courity InDeed
Bo9k -' Vol. -' Paz!!. -J...J granted and eonveyed unto Nicholas A. :aula and Joseph A.
Rillo, Jr., a partnership, d/b/a "Rillo's", .
EXHl~IT riB"
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"'.T_o..d '""" ~II.... lID lndlvld~. Corp.
Ken..,H.lI.In<:..llldl&n......
to;bis Jnbenture,
MADE THE 30TI-I 44..' JUlJe
01 our Lord ont' t.\ousand",WI Il.undred eighty-eight (1988)
i" t~. weest'
BETWEEN
lILY SPIRrr lDSPlTAL OF 'lIfE SIS'lERS OF amIS'l'DN QiARl'1Y, a Pennsylvania
not-fOl:'-'prOfit c::mporat:ialI. of East Pennsboro Township, CUltlerland County,
PeMsylvania, mwm:B
AND
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HLY SPIRIT CXJRllCiWl'ICH, a Pennsylvania not-far-profit c:::oz:paraticn, of
East Pennaboro Township, CUTberland County. Pennsylvania, GR1lHIEE.
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1_''''''''' ...~.'(;;7.t ......... JEW/""tts.'~'"
Cumbo Ce.. ".. School Dht. Cumbo Co., \
..-1-" ....11\t.1. T"",,., 1'.. ..&!tt a..l E,.,I. Tlud., r. 01
,.: .'to::.:.:!!" "...'.r.~?:tJ.- ~ ?_ $::-'1' ",,11.~.--
/?/,h ~~ _ ........., ," ~ 0.,- .... ...... ..... i/'tJ-<...
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......... ("... 01'" c.l.",. /b. o-'to C. DI'" c.&.,. ""tr
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WITNESSETH, that the /laid Holy Spirit Hospital of the Sisters of Christian
Charity, Grantor
for and ill t:llllsideraHlr4 o{ the sum of Three.Hundred Seventy-cbe 'ItinuSand One Hundred
Fifty-Eight Dollars and Sixty-Four Cents ($371,158.64)
1411:/111 money 01 the United States 01 America. unto it u'pll and h'lIly vaid bJ(
the.said Holy Spirit Corporation, Grantee .
ell and bl!ltWe tAe sealinll and d,llverv of tA,8l! pN'8f1'1lt8,
the reeeipl whereol &a hprebu aeknowledlled, has III'tlnted, bargaintd, 801d, alimed,
en/f'oled, retf'GSed and tcmfirml!d, aud bllthe8/! present8 does IImnt. bargain,.8eU,
tllien~ ~/tol. relf'G,8e GJlt! cOfl!irm unlo lht' SCJid its sucoessars .
and.G.B8ign8,
aDOX L33- PAC! 51
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ALL THOSE CERTAIN parcels ot rea!" estate situate In East PeMsboro Townstllp, Cwnberland
county, Pennsylvania, being more particularly bound and described and tollowsl
LOT "Afts BEGINNING at a concrete monwnent In the southeast ot lends now or tormerly ot
Nicholas A. Rillo and Joseph A. RIllo, Jr. on the northern line ot other lands ot Holy Spirit
Hospital ot the Slstet'B of ChrIstian Charity therelnafter- "Hospital">; thence along otller lands
ot Hospital North 1'( degrees 45 minutes 00 seconds East a distance ot 50 teet to an Iron
pin at the southwest corner of 'Lot "B" on the hereinaeter described Final Subdivision Plans;
thence continuing along the western line or saId Lot "an and extending along other lands ot
Hospital North 12 degrees 1$ minutes 00 seconds West a distance ot 239.88 feet to an Iron
pinl thence along other lands ot Hospital South 77 degrees 4S minutes 00 seconds West a
distanoe of I)t) feet to a concrete monument at the northeast corner of land now or formerly
of Nicholas A. Rillo and Joseph ~ RiUo, Jr.,; thence along the eastern line of said land now
or formerly 01 Nicholas A. Rfllo and Joseph A.. RUlo, Jr. South 12 degrees 15 minutes 00
seconds West a distance of 'l39,8Il feet to a concrete monument at the northern Une of other
lands of Hospital, the point and place of ~~G~NNI~Q.
Containing .2753 acres.
Being Lot "AIf, Final Subdivision Plan at Two Tracts of Land, dated February 3, 1987,
recorded in the Office of Recorder of Deeds of CUmberland County in Plan Book 53, page
16.
LOT till": BEGlNNING at an iron pin at tne soutneast corner of Lot '''Al' and the northern
line of other lands of Holy Spirit Hospital the Sisters ot Christian Charity (hereinafter
called "Hospital"); thence along the northern line ot other lands at Hospital the following
two (2) courses and distances: North 11 degrees 41) minutes 00 seconds East a distance of
102.26 feetj and (2) North 51 degrees 15 minutes 00 seconds East a distance of 65,15 teet
to a point; thence continuing along otber lands of Hospital by curb to the left htlvlng a
radius of 20 teet, and arc dlstance or 31,41). feet to a point along the western line of other
lands ot Hospit8J.j thence along the western line at other lines of Hospital the fOllowing
three (3) courses and distances: (1) North 38 degrees 41 minutes 00 seconds West a
distance of 11&.15 teet; (2) South 51 degrees 15 minutes 00 seconds West a distance of
21.00 feetj and (3) North 38 degrees 45 minutes 00 seconds West a distance ot 10,51 te~t to
a point on other lands of Hospital, thence along the southern line of other lands of Hospital
South 77 degrees 41) minutes 00 seconds West a distance ot 94,23 feet to a _point on tl:1e
eastern Une ot Lot "A" on the l1ereinafter described FInal Subdivision Plansl thence along
the eastern line of said Lot "N' South 12 degrees 15 minutes 00 seconds East a distance of
11)9-,88 feet to an iron pin, at the northern Hne of other lands of Hospital the point and
place ot BEGINNINQ.
ContaIning ,san acres.
Having erected hereon a one story masonry buUding,
Being Lot IfB", Final Subdivision Plan of Two Tracts of Land, dated February 3, 1987,
recorded in the Ortiee ot the Recorder at the Deed at Cwnberland Co~ty in Plan Boodk 53,
page 1&.
The above described ~ot "A" and Lot "B" being a portion of the same premises which The
'Most Reverend George L. Leech, Bisoop of the Diocese of Harrisburg, in Trust, for the
Diocese at Harrisburg, by Deed dated September 21, 1957, recorded In the Oftice ot the
Recorder ot Deeds of Cumberland County In Deed Book B, Volume 18, page 196, granted and
conveyed unto Holy SpIrit Hospital Of the Sisters of Christian Charlty, OrB:"tor herein.
80-0K L 33 lACE 58
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FlJRTHBR, said Grantor does hereby grant to Grantee and Its successors In title,
In perpetuity, a non-e"eluslve access easement oYer other lands of Grantor for
the purpose of access to and (rom laid Lot "A" and Lot "I)" described above.
The easement herein granted tor Ingress and egress to Lot "An shall be tor
Grantee and Its successors In tlUe, and shall not be for the betloetlt of any
ground lessee or said Lot "A".
FURTHBR, Grantor hereby grants to Grantee and, its successors In title, In
connection with Lot "B1'I, the non-exoluslve easement to utUlze existlng oft-street
parking areas ot Grantor adjacent to Lot "Bn to, accomodate ott-str,et puldng tor
Lot "B". Grantor' reeerve. the rlght, at its option, to relocate the ex1atlni
off-street parJdRl'o
COMMONWEALTH OF flENN5YLVANIA =
DEPARTMENT OF P.f~~J~ ==
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'I'OGEf'HER witl. aU ~ ft~' rights; eaeenent
, WG-rl. wa.UI'8. WClt.,.-COlln,,-, rigAtI, UHrtiu, ,,"Well",
.\endit4meKt. &17ld appvrlen4"",,. wAaUoet'Clf' tl&ereunlo bWmgi"", or i1l IIftvwUB apperlsininl1.
aM tAe ret'erri:nu. an4 remairuUn. rtnt., Y!1UI IInd projUs thereof:, and all 'h. e.da~B. righ(.
tiUe, inter<<t, fWOlJerlll. claim IInd demo:M whatBoev~r, of 'Holy Spirit Hospital of the
Sisters of Christian Charity, Grantor
in law, equitll. or olhe1'Wi8e howBoever. 01. in 4nd to the Bam. and eve1'll pari thereof.
TO HA VB AND TO HOLD the mid real estate togetrer with
hereditament' 4nd premiB<< h,rebr l1ra.nted OJ'
men.tiDfted and intended 10 tQ be willi. the appurteft4nt'e8,
unto the .aid Holy Spirit Corporation. Grantee.
its successors and l18IigflB. to and lor till omv
proper u.re and behoof of the Baid Grantee. its Bucesaors
and tUBil1nB ffWever.
AND tAc acid gra.ntor 1Lerebv OOVllfMntI and Gf1'6et1 tA4t it 'Will wa.mJ#t
specially . the properltf II.mrbv COftVCVed.
IN WITNESS WHEREOF, tM Mid Holy Spirit Hospital of the. Siateru
of Christian Charity, Grantor h4I CAUle4 tAil Ittdenture to ,,, ~
ill it.. corporete rl4me bv UI PreBidenl, aM h4I 04NJ1etl to b, 4/ft$etl hereunto tke oomm.cm Afttl cor-
poratI.eel of the acid cqrporation, atteatetl bv itt Seereta1j/, the "" and ,,~r fin! Moue written.
I H.9.~.Y..!lP.j,r..!~..!l9.!m.l.tol...9L.tllo~..W'Lof...Christian
Charity be-.
B. ._...:..{; ~."... .........d..IJ_e_.._
Sister Ursula t, S.c.c. Prerident.
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A5SIGNMENl' OF GROOND LEASE
~I.1IIS lISSIGNMENT OF GROUND LElISEr made and entered into this / Itb day 'of
061-0 ~Ai' , 1988, effective as of June 30, 1988, by and between IIJLY SPIRIT
HOSPI1:'AL OF TIlE SISTERS OF CHRISTIAN CHARITY, a Pennsylvania not-for-profit
Corporation, with its principal place of business in East pennsboro Township,
Cumberland County, Pennsylvania, hereinafter called "Holy Spirit Hospital" and IIJLY
SPIRIT CORmRATIOO, a Pennsylvania not-for-profit corporation, with its principal place
of business in East pennsboro Township, Cumberland County, Pennsylvania, hereinafter
called "Corporation".
(
W, I T N E SSE T H:
WHEREAS, Holy Spirit Hospital has previously entered into a Ground lease, dated
December 29, 1986, by and between Holy Spirit Hospital and Nicholas A. Rillo and Joseph
A. Rillo, Jr., a partnership, d/b/a "Rillo's", pertaining to Lot "A", Final Subdivision
Plan of 'IWo Tracts of Land, dated February 3, 1987, recorded in the Office of the
Recorder of Deeds of Cumberland County in Plan Book 53, Page 16; and
WIIEREAS, Holy Spirit Hospital~ by Deed dated June 30, 1988, recorded in the Office
of the Recorder of Deeds of Cumberland County in Deed Book _, volume _, page_,
granted and conveyed said Lot "A" to, Corporation; and
WIffmEAS, Holy Spirit Hospital now desires to assign, set over and transfer all of
its right, title and interest with respect to said Ground lease to Corporation; and
WIffmEAS' the parties desire to confinn their understanding in writing.
lU'l, 'IlIEREFORE, the parties hereto, each intending to be legally bound hereby,
agree as follows:
1. Recitals. The recitals set forth above are incorporated herein by reference.
. ,
2. Gmund Lease. The Ground Lease, dated December 29, 1986, by and between Holy
Spirit Hospital, as Lessor, and Nicholas A. Rillo and Joseph A. Rillo, Jr., a
partnership, d/b/a "Rillo's" as Lessee, is incorporated herein by reference and is
hereinafter called "Ground Lease".
3. AssignrtEnt of Gmund Lease. For and in consideration of the StIDI of One
($1.00) Dollar, together with other good and valuable consideration, Holy Spirit
Hospital does hereby assign, set over and transfer unto Corporation all of its right,
title and interest with respect to the Ground Lease, including, but not limited to, the
right of first refusal as set forth in Paragraph 18 of said Ground Lease.
4. Effective Date. The effective date of the Assignrrent shall be the date of the
Deed, June 30, 1988.
5. Proration of Rents. All rents payable by the Lessee, Nicholas A. Rillo and
Joseph A. Rillo, Jr., a partnership, d/b/a "Rillo's", shall be paid to Corporation and
shall be prorated as of June 30, 1988.
6. Binding Effect.
shall inure to the parties
This Assignrrent of Ground Lease shall be binding
hereto, their respective successors and assigns.
upon and
7. Governing Law. This Assignrrent of Ground Lease will be governed by and
construed iri accordance with the laws of the Ccmronwealth of Pennsylvania.
8. MenorandtIDI of Ground lease. Pursuant to the Ground Lease, Corporation
reserves the right, at its option, to record a Meoorandum of the Ground Lease
reflecting the Assignrrent of Ground Lease as herein provided.
IN WITNESS WHEREOF, the parties hereto, each by their duly authorized
representatives, have caused this Assignrrent of Ground Lease to be executed the day and
year first above written.
.
~ '~'j.
HOLY SPIRIT HOSPITAL OF THE
SISTERS OF CHRISTIAN CHARITY
By:.I---";fu.) IIA-",k/~~ l{fe!. (SEAL)
'Sister Uf,;'ula Frei, 'S.C.C., President
ATI'ES'I' :
.k;tw~~,~JCG
(Assistant) Secretary
(CORPORATE SEAL)
HOLY SPIRI\l' CORPORATION
By:
(SEAL)
ATI'EST:
~ ~ fi:~~C!-~
( sistant) Secretary .
(CORPORATE SEAL)
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ASSIGNMENT OF GROUND LEASE
THIS ASSIGNMENT OF GROUND LEASE, Illade and entered into this
)b~. day of August,' 1995, by and between NICHOLAS A. RILLa and
JOSEPH A. RILLO, JR., a Partnership d/b/a "Rillo's of Carl.i...le" And
formerly d/b/a "Rillos" (the "Assignor"), in favol" of CONSTANTINE
G. J. TOULOUMES, JAMES J. ~OULOUKES, III, JAMES J. TOULOUMES, JR.
and FRosa.J:. TOULOUKES (the "A~5,igneC").
WIT N E SSE T H :
WHEREAS, Assignor has previously ent.Jred i.nto a Ground Lease
(I'.he "Lease"), dated December 29,1980, by ilnd bet.wecn Holy Spirit.
HosplLni of the Sisters of Christian Charity, a Pennsylvania not-
fc.lI"pfo!'il. Corporation, .,ith i.t.o prin"j.fJdl placA or businoss in
~ast
pcnnsboro
Townshi.p,
Cumbe:t'land
County,
Pennsylvania,
herei.nafte, called "Holy spirit Hospital", as lessor, and Assignor
as lessee, pertaining to Lot "A", Final Subdivision Plan of Two
Tracts t)[ Land, dated February 3, 1987, recorded in the Office of
the Recorder of Deeds of Cumberland County in Pl.an Ilook 53, page
lb, /"J tn.e and carr-act copy of the Ground l.ease is at.tached hereto
as Exhibjt "A"; and
WHEREAS, Holy Spirit Hospital, by Assignment of Ground LeasA
dill.Pod ,June 30, 1908, assigned its lilteresl:. as lessee under the
Leasp. I fl llo] y spirit Corporlltion, a PAnl1sylvan.i1J not-for' profit
Clll:POJ:i:ll.ion, with its principal place oj bllsinesR in East pennsboro
'.VQwnship. Cumbe:t'land COllnt.y, Pennsylvani"j and
WHEREAS, Assignor now desires to a~sign, set over and transfer
all of its right, title and interest lJS lessee under the Lease to
-,
~ .
1'lsr;igneej and
WHEREAS, the pa1.-ties deoiro to confirm th..ir. understanding in
wr.i.t:lng.
NOW, THEREFORE,' the parties hereto, each intending to be
legally bound hereby, agree as follows:
2.
Lease.
The Lease i~, i:ncorporated her.ein by reference.
3. Assignment of Lease. For and .t n consideration of the sum
of One boll<l1" ($1.00), together wi't.h other good and valuable
conoidcration, Assignor does hereby assign, set over and transfer
unto Aosignee all of its right, title nnd interes~ with respect to
the LesNe, and ~ssignee assumes the obligations of Lessee under the
Leaso.
4. Binding Effect. This Assignment of Ground T"ease shall be
b.i nding upon and shall inure to the parties hereto, their
respective successors and assigns.
5. Governing Law. This Assignment of Ground Lease will be
governed by, and construed in accordan<:e with the laws of t.he
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties hereLo, each by their duly
authorized representatives, have caused this Assignment of Ground
I,ease to be executed the day and year firR~ above wri.tten.
RILLO'S OF c/~~ /
By:_ ..{~~,_____._
Nr6~~s A. Rillo
General Partner
2
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, ~: Rillo, ,r?1
. eneral Partner
BY:C~ k~ ~
Constantine G. J. Touloumes
.~. Ii _
' BY~~
III
BY:~~~' c}':(Z;;u4~~Q.. .
~~~: 5. -TlZloumes, Jr. ~
BY;_~ J ~~/
Frose T. Touleumes
'l'he undersigned hereby consents LO Lht= foregoing Assignment of
Ground r~ease.
ATTEST:
BY'~~~'
-.....-.-.-
(Assistant) Secretar
HOLY SPIRIT CORPORATION
BY:.h~~. V-
(Vice) President
3
k
.,
005574-00013/March 29, 1996/JRDIDKU4S885
FIRST ADDENDUM TO GROUND lEASE
THIS FIRST ADDENDUM TO GROUND lEASE ("First Addendum"), made this 11TH day of
-8 r? \ L ,1996, by and among HOLY SPIRIT CORPORATION, a domestic nonprofit corporation
(successor by transfer and assignrnent of Holy Spirit Hospital of the Sisters of Christian Charity),
hereinafter called "Lessor" and CONSTANTINE G.J. TOUlOUMES. JAMES J. TOUlOUMES, III. JAMES
J. TOULOUMES, JR. and FROSO I. TOUlOUMES. individually (individually and collectively
"Touloumes")(successor by assignment to Nicholas A. Rillo and Joseph A. Rillo, Jr., a Partnership, d/b/a
"Rillo's of Carlisle" and formerly d/b/a "Rillo's"), and JFK-T GROUP, INC. d/b/a T-KOSTA'S. a domestic
corporation ("T-Kosta's"); Toulournes and T-Kosta's are hereinafter individually and _collectively called
"Lessee."
BACKGROUND
A. Holy Spirit Hospital of the Sisters of Christian Charity ("Holy Spirit Hospital") and Nicholas
A. Rillo and Joseph A. Rillo, Jr., a Partnership, d/b/a "Rillo's' (now "RiIlo's of Carlisle") have previously
entered into a Ground Lease, dated December 29, 1986, pertaining to Lot "A", Final Subdivision Plan of
Two Tracts of Land, dated February 3, 1987, recorded in the Office of the Recorder of Deeds of
Cumberland County in Plan Book 53, Page 16.
B. Holy Spirit Hospital, by Deed dated June 30, 1988, recorded in the Office of the Recorder
of Deeds of Cumberland County in Deed Book L. '{ohime 33, Page 57, conveyed. Lot" A" to Lessor and
Holy Spirit Hospital by Assignment of Ground Lease, dated June 30, 1988, assigned its interest pursuant
to said Ground Lease to Lessor,
C. Nicholas A. Riilo and Joseph A. Rillo, Jr., a Partnership, d/b/a "Rillo's of Carlisle" and
formerly d/b/a "Rillo's" (hereinafter called "Rillo's") by Deed dated August 28, 1995, conveyed the 1.7
acre tract (which said 1.7 acre tract abuts Lot" A"), together with the improvements erected thereon,
situate in East Pennsboro Township, Cumberland County, Pennsylvania to Touloumes.
~~'~;'j''-'
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.
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=<.<.~.
005574-00013/March 29, 1996/JRDIDKl/4SB65
D. Rillo's, by Assignment of Ground Lease, dated August 28, 1995, ~ansferred all of its right,
title and interest with respect to the Ground lease to Touloumes.
E. By Commercial Lease, dated August 28, 1995, Touloumes leased the 1.7 acre tract, :
together with the improvements erected thereon, to T-Kosta's.
F. lessor and Lessee (Touloumes and T-Kosta's) now desire to amend, in part, the Ground
lease as hereinafter provided.
G. lessor and Lessee (Touloumes and T-Kosta's) desire to confirm their understanding in ;
writing.
NOW, THEREFORE, the parties hereto, each intending to be legally bound, agree as follows:
,. Background. The background set forth above is incorporated herein.
Ground lease. The Ground Lease, dated December 29,1986, by and between Holy Spirit I
, "
Hospital (now Lessor by assignment) and Rillo's (now lessee by assignment) is incorporated herein and!
is hereinafter called "Ground Lease." !
,
2.
3. lessee. Pursuant to this First Addendum Rillo's is deleted as Lessee and Touloumes and:
T-Kosta's, collectively, are made Lessee pursuant to the Ground Lease.
4. Amendments to Ground lease. The Ground Lease is hereby amended as follows:
A. Paragraph 2. leased Premises. Paragraph 2, Leased Premises, of the Ground Lease,
is hereby deleted in its entirety and the following substituted therefor:
II
"2. Leased Premises. The premises subject to this lease ("Leased
Premises") is Lot "A", Final Subdivision Plan of Two Tracts of Land,
dated February 3, 1987, recorded in the Office of the Recorder of
-2-
"
'<.''''''-'''''.
.
. ,-~
005574-Q0013/March 29, 1996/JRDIDKL/49865
Deeds of Cumberland County in Plan Book 53. Page 16. Said Lot "A"
contains 0.2753 acres and is more particularly bounded and described
in Exhibit n A" attached hereto and made part hereof. The Exhibit" A n
attached to this First Addendum is an amendment to and in
substitution of the Exhibit n A n attached to the original Ground Lease."
B. Paragraph 5. Options to Renew. Paragraph 5, Options to Renew, of the Ground
Lease, is hereby deleted in its entirety and the following substituted therefor:
"5. Extension of Term/Options to Renew. lessor and lessee agree
that the term of the Ground Lease shall be extended, as hereinafter
provided, and lessor agrees that Lessee shall and is hereby granted
the following options to further extend or renew the term: '
A. Extended Term. Lessor and Lessee agree that the term
of the Ground Lease shall be extended for two (2) years
commencing January 1, 1996 and ending December 31,
1997. The extended term is and shall be and remain in effect
in accordance with the terms and conditions of the Ground
Lease and this First Addendum.
B. Renewal Terms. Lessee shall have the right to further
extend the term of this Ground Lease for two (2) renewal
terms, each such renewal term for a period of five (5) years
under and subject to the terms and conditions set forth in this
First Addendum. The first renewal term shall commence on
January 1, 1998 and shall end on December 31, 2002. The
second renewal term shall commence on January 1, 2003 and
shall end on December 31,2007.
II
C. Exercise of Options to Renew. If Lessee desires to
extend the term of this Ground Lease for the first renewal term
Lessee shall provide written notice to Lessor prior to October
1, 1997. If Lessee has exercised Lessee's option to extend
the term of this Ground Lease for the first renewal term and if
Lessee desires to further extend the term of this Ground Lease
for the second renewal term then Lessee shall provide written
notice thereof to Lessor on or before October 1, 2002. The
first renewal terrn and second renewal term, as applicable,
shall be subject to all of the terms, covenants and provisions
of this Ground Lease, including the provisions of Paragraph 7
with respect to the annual rent to be paid during the first
renewal term and the second rel)ewal term. In the event that
-3-
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'..,,-
005574-Q0013/March 29. 1 S96/JRDJDKL/49865
Lessee is in default beyond any grace period as of the notice
date to exercise the option to extend for the first renewal term
or the second renewal term. if applicable, then, the option for
the next renewal term (either first renewal term or second
renewal term, as applicable) shall be null and void. Failure to
give the requisite notice and Lessee remaining in possession of
the Leased Premises after the expiration of the extended terrn
or the first renewal term. as applicable. shall be a holding over
and Lessee shall become a month-to-month tenant upon the
terms herein specified, at a monthly rental identical to the
monthly or one-third (1/3rd) of the quarterly rental payment
the month next preceding the month of such terrnination,
payable in advance. Lessee or Lessor shall have the right to
terminate said month-to-month tenancy by giving the other
party written notice of termination at least sixty (60) calendar
days prior to the effective date of such termination. In the
event that either Lessee or Lessor shall provide notice of
termination, termination shall be effective as of the last
calendar day of the month in which the requisite notice period
expires.
D. Maximum Term. The maximum term of this Ground Lease,
to include the original term, the prior renewal terms, the
extended term, the first renewal term and the second renewal
term shall be twenty (20) years from the term commencement
date of the original term.
C. Paragraph 7. Rent-Renewal Term or Terms. Paragraph 7, Rent-Renewal Term or
Terms, of the Ground Lease is hereby deleted in its entirety and the following substituted
therefor:
"7. Rent-Extended Term/Renewal Terms. The rent for the extended
term and the first and second renewal terms shall be as follows:
A. Extended Term. The annual rent for the first calendar
year ofthe extended term (January 1, 1996 through December
31, 1996)shall be the sum of Five Thousand Eight Hundred
Fifty-Seven ($5,857.00) Dollars which said annual rent shall
be paid quarterly, in advance, commencing January 1, 1996.
lessee shall pay the quarterly installment of annual rent in the
amount of One Thousand Four Hundred Sixty-Four Dollars and
Twenty-Five Cents ($1.464.25) on or before January 1, 1996
, '
-4-
~iIIilMilIIIi2i.lj7
...
005574-Q0013/March 29, 1996/JRD/DKL/49865
(payable upon the execution of this First Addendum).
Thereafter, Lessee shall pay the quarterly installment of annual
rent for the first year of the extended term on or before April
1, 1996, on or before July 1, 1996 and on or before October
1.1996. The annual rent for the second year of the extended
term (January 1, 1997 through December 31, 1997) shall be
the sum of Six Thousand Four Hundred Forty-Two ($6.442.00)
Dollars, which said annual rent shall be paid quarterly, in
advance, commencing January 1, 1997. Lessee shall pay
quarterly installments of annual rent in the amount of One
Thousand Six Hundred Ten Dollars and Fifty Cents
($1,610.50) on or before January 1, 1997, on or before April
1. 1997, on or before July 1, 1997 and on or before October
1,1997.
B. First Renewal Term. The annual rent during the first
renewal term (January 1, 1998 through December 31, 2002)
shall be the sum of TwelveThousand ($12,000.00) Dollars
which said annual rental shall be paid in consecutive equal
monthly installments of One Thousand ($1,000.00) Dollars per
month, payable, in advance, on or before the first (1 st)
calendar day of each month during the first renewal term.
C. Second Renewal Term. The annual rent during the
second renewal term (January 1,2003 through December 31,
2007) shall be the sum of Thirteen Thousand Two Hundred
($13,200.00) Dollars which said annual rent shall be paid in
consecutive equal monthly installments of One Thousand One
Hundred ($1.100.00) Dollars per month, payable on or before
the first (1 st) calendar day of each month during the second
renewal term.
D. Late Charge. A late charge of five (5%) percent shall
be paid by Lessee to Lessor for each installment of rent
(quarterly or monthly, as applicable) not paid within ten (10)
calendar days of the due date of such payment.
E. Payment of Rent. As set forth above, all rent due and
payable with respect to the extended term, the first renewal
term and second renewal term shall be paid in advance. All
rent shall be paid to Lessor or Lessor's duly authorized agent
or representative. All rent shall be paid by Lessee to Lessor
without abatement, deduction or setoff."
-5-
005574-o0013/March 29, 1996/JRD/DKLJ49865
D. Paragraph 20. Notice. Paragraph 20, Notice, of the Ground Lease is hereby deleted,
in its entirety, and the following substituting therefor:
"20. Notice. All notices required pursuant to the terms of this Ground Lease
shall be in writing and served by registered or certified mail, return receipt
requested, postage prepaid and shall be deemed received within three (3)
days after the postmark, to the parties at the following addresses:
To Lessor:
Holy Spirit Corporation
ATTN: President
503 North 21 st Street
Camp Hill, PA 17011-2288
To Lessee:
James J. Touloumes, Jr.,
Froso I. Touloumes,
Constantine G,J. Touloumes
and James J. Touloumes, III
328 West Old York Road
Carlisle, PA 17013
JFK-T Group, Inc.
ATTN: Froso I. Touloumes, Vice
President
451 North 21 st Street
Camp Hill, PA 17011
Any party may, in accordance with the terms of this Paragraph 20,
change the place at which the party is to receive notice. Further,
notwithstanding the foregoing, any party may hand deliver notice
required by this Ground Lease provided that the party giving the
notice receives written acknowledgement that the notice was
delivered to the party receiving the notice."
E. Paragraph 22. Assignability: Paragraph 22, Assigriability, of the Ground Lease is
hereby deleted in its entirety and the following substituted therefor:
"22. Assignability. This Ground Lease may not be assigned by Lessee
without the express written consent of Lessor. Lessor reserves the right, at
its option, to assign this Ground Lease. In the event that Lessee shall sell the
-6~
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005574-Q0013/March 29, 1 S96fJRD/OKU49866
1.7 acre tract which abuts the Leased Premises to a third party then, in that
event, Lessor agrees to consent to any such assignment provided, however,
that Lessor has received notice with respect to the proposed assignment
pursuant to Paragraph 18 of the Ground Lease and further provided that
Lessor's right of first refusal as set forth in Paragraph 18 of the Ground
Lease shall be and remain in effect during the balance of the then extended
renewal term or any extended renewal term of this Ground Lease."
F. Additional Paragraph. The Ground Lease is further amended by adding Paragraph
29. Obligations of Lessee, as hereinafter provided:
"29. Obligations of Lessee. The obligations of Lessee pursuant to the terms
and conditions of this Ground Lease shall be joint and several."
5. Right of First Refusal. Lessor's right of first refusal as set forth in the Ground Lease shall
be and remain in effect during the extended term, first renewal term and second renewal term, if
applicable, and any notice required pursuant to said Paragraph 18 shall be provided in accordance with
the amended Paragraph 20 (Paragraph 3-D of this First Addendum). In addition, the Subject Real Estate,
,!S described in Paragraph 18-A of the Ground Lease shall specifically include the same real estate
described in Exhibit "B" of the Ground Lease which is the same premises which Rillo, by Deed dated
August 28, 1995, recorded in the Office of the Recorder of Deeds of Cumberland County in Record Book
127, Page 387, granted and conveyed unto Touloumes.
6. Condition Precedent. This First Addendum is specifically conditioned upon Rillo's paying
to Lessor the current arrearages with respect to the Ground Lease in the amount of Two Thousand Six
Hundred Sbcty-Seven ($2,667.00l Dollars.
7. Consent to Assignment of Ground Lease. Upon the execution of this First Addendum and
upon payment by Rillo's of the current arrearages with respect to. the Ground Lease, as described in
Paragraph 5, Lessor, by its duly authorized officer. shall sign the Consent to the Assignment of Ground
Lease, dated August 28, 1995, by Rillo's in favor of Touloumes.
-7-
--"
005574-00013IMarch 29, 1996/JRD/DKl/49865
8. Balance of Ground Lease. All other terms and conditions of the Ground lease shall be ar
remain in effect and the Ground lease shall only be amended as specifically herein provided.
9. Authorization. The signatory on behalf of Lessor and the signatory on behalf of T-Kosta'
certify, by the execution of this First Addendum, that each such signatory has the requisite corporat
authorization to sign on behalf of Lessor and T-Kosta's, respectively.
IN WITNESS WHEREOF. Lessor and Lessee, each intending to be legally bound, have each signe
and delivered this First Addendum to Ground Lease as of the day and year first above written.
Lessor:
HOLY SPIRIT CORPO.R~T~ON n
By: ../.). K ~.v.J lSEAl)
G. Randall Newhouse, President
ATTEST:
_J:~':/;;.} ~.R_ ~~~,gcv
(Assistant) Secretary
Lessee:
Touloumes:
-.vz..,. (SEAL)
Constantine G.J. Touloumes
;;;-/~
,!afnes J. Touloum~1
J~Jme!.~5h
;;t~ul~6,es~-dA~ '''.-
(SEAL)
(SEAL)
(SEAL)
II
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" 005574-Q0013/March 29, lS96/JRDIDKL/4S865
ATTEST:
~//~
(~istant) Secretary
II
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T-Kosta's:
JFK-T GROUP, INC.
BY:%t.-o.4 \.1 ~~A./(SEAL)
(Vice) President
.,
-9-
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005574-00013/March 29, 1996/JRDJDKL/49865
EXHIBIT "A"
DESCRIPTION OF LEASED PREMISES
ALL THAT CERTAIN parcel or lot of real estate situate in East pennsboro Township. Cumberlanc
County, Pennsylvania, being more particularly bounded and described as follows:
BEGINNING at a point at the southwest corner of Lot "B" on the hereinafter described Fina
Subdivision Plan and at a point on the northern line of other lands of Holy Spirit Hospital of the Sisters 0
Christian Charity; thence along the northern line of other lands of Holy Spirit Hospital of the Sisters 0:
Christian Charity South 77 degrees 45 minutes 00 seconds West a distance of 50 feet to a point at thE
southeast corner of lands now or formerly of Nicholas /i... Rilla and Joseph A. Rillo, Jr.; thence along thE
eastern line of the same North 12 degrees 15 minutes 00 seconds West a distance of 239.88 feet to E
point on the southern line of other lands of Holy Spirit Hospital of the Sisters of Ch~i.stian Charity; thenCE
along the same North 77 degrees 45 minutes 00 seconds East a distance of 50 feet to a point; thenCE
along the western line of other lands of Holy Spirit Hospital of the Sisters of Christian Charity South 1 ~
degrees 15 minutes 00 seconds East a distance of 80 feet to a point at the northwest-corner of Lot "B"
on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot "B" South
12 degrees 15 rninutes 00 seconds East a distance of 159.88 feet to a point at the northern line of other
lands of Holy Spirit Hospital of the Sisters of Christian Charity, the point and place of BEGINNING.
CONTAINING 0.2753 acres.
BEING Lot" A", Final Subdivision Plan of Two Tracts of Land, dated February 3, 1987, recorded
in the Office of the Recorder of Deeds of Cumberland County in Plan Book 53, Page 16. .
-10.
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LESSOR'S NOTICE OF DEFAUL T TO LESSEE .
TO; James J. Touloumes, Jr.
328 West Old York Road
Carlisle, PA 17013
James J. TouJoumes, II'
328 West Old York Road
Carlisle, PA 17013
Froso I. Touloumes
328 West Old York Road
Carlisle, PA 17013
JFK-T Group, Inc.
Attention: Froso I. Touloumes, Vice President
451 North 21st Street
Camp Hill, PA 17011
Constantine G.J. Touloumes,
328 West Old York Road
Carlisle, PA 17013
You are hereby notified that you are in default on your obligation to pay rent under the Ground Lease
dated December 29, 1986, with Addenda and as assigned, pertaining to Lot A, Final Subdivision Plan of
Two Tracts of Land dated February 3, 1987, recorded in the Office of Recorder of Deeds of Cumberland
County, Pennsylvania, in Plan Book 53 at Page 16, and that Holy Spirit Corporation intends to terminate said
Lease and exercise its remedies under said Lease unless you cure your default in full within the time period
. set forth therein.
The total amount due to Holy Spirit Corporatiol'1 is Thirty Five Thousand Nine Hundred Sixty-Five
Dollars and Sixty-Seven Cents ($35,965.67), which inCludes rent through December of1999.
Date: December 21, 1999
JOHNSON, DUFFIE, STEWART & WEIDNER
By: ~tifJZ -
C. Roy Weidner, Jr
Attorney I.D. No. 19530
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Holy Spirit Corporation
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ALL THAT CERTAIN parcel or lot of real estate situate in East Pennsboro Township, Cumberland
County, Pennsylvania, being more particularly bounded and described as follows:
BEGINNING at a point at the southwest corner of Lot "B" on the hereinafter described Final
Subdivision Plan and at a point on the northern line of other lands of Holy Spirit Hospital of the Sisters of
Christian Charity; thence along the northern line of other lands of Holy Spirit Hospital of the Sisters of
Christian Charity South 77 degrees 45 minutes 00 seconds West a distance of 50 feet to a point at the
southeast corner of lands now or formerly of Nicholas A. Rillo and Joseph A. Rillo, Jr.; thence along the
eastern line of the same North 12 degrees 15 minutes 00 seconds West a distance of 239.88 feet to a point
on the southern line of other lands of Holy Spirit Hospital of the Sisters of Christian Charity; thence along the
same North 77 degrees 45 minutes 00 seconds East a distance of 50 feet to a point; thence along the
western line of other lands of Holy Spirit Hospital of the Sisters of Christian Charity South 12 degrees 15
minutes 00 seconds East a distance of 80 feet to a point at the northwest comer of Lot "B" on the hereinafter
described Final Subdivision Plan; thence along the westem line of said Lot "B" South 12 degrees 15 minutes
00 seconds East a distance of 159.88 feet to a pOint at the northem line of other lands of Holy Spirit Hospital
of the Sisters of Christian Charity, the point and place of BEGINNING.
CONTAINING 0.2753 acres.
BEING Lot "A", Final Subdivision Plan ofTwo Tracts of Land, dated February 3,1987, recorded in the
Office of the Recorder of Deeds of Cumberland County in Plan Book 53, Page 16.
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Johnson, Duffie, Stewart & Weidner
By: C. Roy Weidner, Jr.
LD, No. 19530
301 Market Street
p, O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
HOLY SPIRIT CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, dCOO - ;;~i
v.
CONSTANTINE G,J. TOULOUMES,
JAMES J. TOULOUMES, III,
JAMES J. TOULOUMES, JR. ,
FROSO I. TOULOUMES and
JFK-T GROUP, INC, d/b/a T-KOSTA'S,
Defendants
CERTlFICA TE OF RESIDENCE
The undersigned does hereby certify that the last known address and present whereabouts of each of
the parties is as follows:
Holy Spirit Corporation
503 North 21" Street
Camp Hill, PA 17011
James J. Touloumes, Jr,
328 West Old York Road
Carlisle, PA 17013
Constantine G,J, Touloumes
328 West Old York Road
Carlisle, PA 17013
Froso I. Touloumes
328 West Old York Road
Carlisle, PA 17013
James J. Touloumes, III
328 West Old York Road
Carlisle, PA 17013
JFK-T Group, Inc.
Attention: Froso I. Touloumes, Vice President
451 North 21" Street
Camp Hill, PA 17011
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
:130941
5574-50
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HOLY SPIRIT CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-628
v.
CONSTANTINE G,J, TOULOUMES,
JAMES J. TOULOUMES, III,
JAMES J. TOULOUMES, JR. ,
FROSO I. TOULOUMES and
JFK-T GROUP, INC. d/b/a T-KOSTA'S,
Defendants
AFFIDA VIT OF SERVICE
(Individual)
AND NOW, this 2" U. day of February, 2000, I, the undersigned, Robert A. Dash, do hereby certify
that I am a competent adult, not a party to this action, and that I did serve a copy of Notice Under Rule 2973,2
of Judgment and Execution Thereon upon:
Defendant: Froso I. Touloumes
Date Served: .:J../l.fllo 0
Time Served: Y:? J- I1.M,
Manner of Service:
Place Served: ? 2.1/' /,J. 0 UJ ffJ.ek K/},
c..1teL'.I'LC/IA I/pI3
l/l By personally handing the copy to Froso I. Touloumes, after having first ascertained his or her identity.
o At the residence of Froso I. Touloumes, by personally handing a copy to an adult member of the family
with whom Froso I. Touloumes resides, whose name is
after having first ascertained his or her identity.
o At the residence of Froso I. Touloumes, by personally handing a copy to an adult person in charge of
Froso I. Touloumes' residence, whose name is
after having first ascertained his or her identity and ascertaining that no adult member of the family was
to be found,
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o By personally handing a copy to the clerk or manager of the hotel, inn, apartment house, boarding
house or other place of lodging at which Froso I. Touloumes resides, whose name is
, after having first ascertained his or her identity.
o By personally handing a copy to the agent or person in charge of Froso I. Touloumes' office or usual
place of business, whose name is , after having
first ascertained his or her identity,
The undersigned does hereby swear that the facts set forth in the foregoing Affidavit of Service are true
and correct.
~a4uV
Signature of Server
Robert A. Dash
Dash Investigative Services
3861 Sarayo Circle
Harrisburg, PA 17110
SWORN to and subscribed before me this
thiscO ~ ~ay of February, 2000.
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Notary Public -.::;;:
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My Commission Expires:
NOTARIAL SEAL
DIANNE LENIG, Notary Public
Lemoyne Borough Cumberland Co.
My Commission Expires Dec. 21, 2001
(SEAL)
:131003
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HOLY SPIRIT CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-628
v,
CONSTANTINE G.J. TOULOUMES,
JAMES J, TOULOUMES, III,
JAMES J, TOULOUMES, JR. ,
FROSO I. TOULOUMES and
JFK-T GROUP, INC, d/b/a T-KOSTA'S,
Defendants
AFFIDA VIT OF SERVICE
(Individual)
AND NOIN, this 2 r U day of February, 2000, I, the undersigned, Robert A. Dash, do hereby certify
that I am a competent adult, not a party to this action, and that I did serve a copy of Notice Under Rule 2973.2
of Judgment and Execution Thereon upon:
Manner of Service:
Defendant: James J, Touloumes, Jr.
Date Served: ;;t ( $lV I () 0
Time Served: P .r Jr ,+. M,
Place Served: '3).'( W, OL.J /",tk ,(tJ,
C.MuJLCy ;JA- ('J1l13
~ By personally handing the copy to James J, Touloumes, Jr., after having first ascertained his or her
identity.
o At the residence of James J. Touloumes, Jr., by personally handing a copy to an adult member of the
family with whom James J. Touloumes, Jr, resides, whose name is
, after having first ascertained his or her identity.
o At the residence of James J, Touloumes, Jr., by personally handing a copy to an adult person in
charge of James J. Touloumes, Jr.'s residence, whose name is
, after having first ascertained his or her identity and ascertaining that no
adult member of the family was to be found.
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o By personally handing a copy to the clerk or manager of the hotel, inn, apartment house, boarding
house or other place of lodging at which James J, Touloumes, Jr. resides, whose name is
, after having first ascertained his or her identity.
o By personally handing a copy to the agent or person in charge of James J, Touloumes, Jr.'s office or
usual place of business, whose name is , after
having first ascertained his or her identity,
The undersigned does hereby swear that the facts set forth in the foregoing Affidavit of Service are true
and correct.
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Signature of Server
Robert A. Dash
Dash Investigative Services
3861 Sarayo Circle
Harrisburg, PA 17110
SWORN to and subscribed before me this
this ;;) ~ ~ay of February, 2000.
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NOTARIAL SEAL
DIANNE LENIG, Notary Public
Lemoyne Borough Cumberland Co.
My Commission Expires Dec. 21,2001
(SEAL)
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HOLY SPIRIT CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2000-628
v.
CONSTANTINE G.J. TOULOUMES,
JAMES J. TOULOUMES, III,
JAMES J, TOULOUMES, JR. ,
FROSO I. TOULOUMES and
JFK-T GROUP, INC, d/b/a T-KOSTA'S,
Defendants
AFFIDA VIT OF SERVICE
(Individual)
AND NOW, this ) ~ 111 day of February, 2000, I, the undersigned, Robert A. Dash, do hereby certify
that I am a competent adult, not a party to this action, and that I did serve a copy of Notice Under Rule 2973.2
of Judgment and Execution Thereon upon:
Defendant:
James J, Touloumes, III
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Date Served:
Time Served:
F::JJ- ,1."'"
Manner of Service:
Place Served: J)"1I W. I)l..-(} Yti.eK tfO.
GMl..l(U:/ t?A- /7013
o By personally handing the copy to James J. Touloumes, III, after having first ascertained his or her
identity.
till At the residence of James J. Touloumes, III, by personally handing a copy to an adult member of the
family with whom James J. Touloumes, III resides, whose name is ~,fo~<:l) /, "o..Lou,"~
, after having first ascertained his or her identity,
o At the residence of James J. Touloumes, III, by personally handing a copy to an adult person in charge
of James J, Touloumes, Ill's residence, whose name is ,
after having first ascertained his or her identity and ascertaining that no adult member of the family was
to be found,
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o By personally handing a copy to the clerk or manager of the hotel, inn, apartment house, boarding
house or other place of lodging at which James J. Touloumes, III resides, whose name is
, after having first ascertained his or her
identity.
o By personally handing a copy to the agent or person in charge of James J, Touloumes, Ill's office or
usual place of business, whose name is
after having first ascertained his or her identity.
The undersigned does hereby swear that the facts set forth in the foregoing Affidavit of Service are true
and correct.
~a~
Signature of Server
Robert A. Dash
Dash Investigative Services
3861 Sarayo Circle
Harrisburg, PA 17110
SWORN to and subscribed before me this
this .;> ~ ~ay of February, 2000,
SJ~ryPu~
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My Commission Expires:
NOTARIAL SEAL
DIANNE LENIG, Notary Public
Lemoyne Borough Cumberland Co.
My Commission Expires Dec. 21,2001
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HOLY SPIRIT CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2000-628
v.
CONSTANTINE G,J. TOULOUMES,
JAMES J. TOULOUMES, III,
JAMES J, TOULOUMES, JR. ,
FROSO I. TOULOUMES and
JFK-T GROUP, INC. d/b/a T-KOSTA'S,
Defendants
AFFIDA VIT OF SERVICE
{Individual}
AND NOW, this 2" t!L day of February, 2000, I, the undersigned, Robert A. Dash, do hereby certify
that I am a competent adult, not a party to this action, and that I did serve a copy of Notice Under Rule 2973,2
of Judgment and Execution Thereon upon:
Defendant:
Constantine G.J, Touloumes
2. Ili/CO
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Date Served:
Time Served:
Manner of Service:
Place Served: 3 l..lj' (,.f, () (.If) \/o~K IfIJ
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o By personally handing the copy to Constantine G.J, Touloumes, after having first ascertained his or her
identity,
g At the residence of Constantine G,J. Touloumes, by personally handing a copy to an adult member of
the family with whom Constantine G.J. Touloumes resides, whose name is F fiaSCO I, ~o.tlo '<oMt'
, after having first ascertained his or her identity,
o At the residence of Constantine G.J, Touloumes, by personally handing a copy to an adult person in
charge of Constantine G.J. Touloumes' residence, whose name is
, after having first ascertained his or her identity and ascertaining that
no adult member of the family was to be found,
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D By personally handing a copy to the clerk or manager of the hotel, inn, apartment house, boarding
house or other place of lodging at which Constantine G,J. Touloumes resides, whose name is
, after having first ascertained his or her identity.
D By personally handing a copy to the agent or person in charge of Constantine G.J. Touloumes' office or
usual place of business, whose name is , after having first
ascertained his or her identity.
The undersigned does hereby swear that the facts set forth in the foregoing Affidavit of Service are true
and correct.
~a~
Signature of Server
Rober! A. Dash
Dash Investigative Services
3861 Sarayo Circle
Harrisburg, PA 17110
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SWORN to and subscribed before me this
this .Q ~ ~y of February, 2000.
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Notary Public
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My Commission Expires:
NOTARIAL SEAL .
DIANNE LENIG. Notary Public
Lemoyne Borough Cumberland Co.
My Commission Expires Dec. 21,2001
(SEAL)
: 130950
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HOLY SPIRIT CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2000-628
v,
CONSTANTINE G.J, TOULOUMES,
JAMES J, TOULOUMES, III,
JAMES J. TOULOUMES, JR. ,
FROSO I. TOULOUMES and
JFK-T GROUP, INC, d/b/a T-KOSTA'S,
Defendants
AFFIDA VIT OF SERVICE
(Corporations and Similar Entities)
AND NO~ this 2~ a day of February, 2000, I, the undersigned, Robert A. Dash, do hereby certify
that I am a competent adult, not a party to this action, and that I did serve a copy of Notice Under Rule 2973,2
of Judgment and Execution Thereon upon:
Defendant: JFK-T Group, Inc, d/b/a T-Kosta's
Date Served: ~ I u 100
Time Served: f: ? J- .4 rV\
Place Served:
325/ W., ()LlJ
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Manner of Service:
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By personally handing the copy to J,4(JA.ff J, ~()tAL OU/1IiC'S. JI!., ,an
executive officer, partner or trustee of the corporation or similar entity, after having first ascertained his
or her identity and status.
o
By personally handing a copy to , the manager,
clerk or other person for the time being in charge of any regular place of business or activity of the
corporation or similar entity, after having first ascertained his or her identity and status.
o
By personally handing a copy to , an agent
authorized by the corporation or similar entity in writing to receive service of process for it, after having
first ascertained his or her identity and status,
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The undersigned does hereby swear that the facts set forth in the foregoing Affidavit of Service are true
and correct.
~u~
Signature of Server
Robert A, Dash
Dash Investigative Services
3861 Sarayo Circle
Harrisburg, PA 17110
SWORN to and subscribed before me this
this O>"\. ~y of February, 2000.
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Notary Pubil
My Commission Expires:
NOTARIAL SEAL
DiANNE LENIG, Notary Public
Lemoyne Borough Cumberland Co.
My Commission Expires Dec. 21,2001
(SEAL)
:131004
5574-50
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Johnson, Duffie, Stewart & Weidner
By: C. Roy Weidner, Jr.
J.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717)761-4540
Attorneys for Plaintiff
HOLY SPIRIT CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-628
v,
CONSTANTINE G,J. TOULOUMES,
JAMES J. TOULOUMES, III,
JAMES J. TOULOUMES, JR. ,
FROSO I. TOULOUMES and
JFK-T GROUP, INC. d/b/a T-KOSTA'S,
Defendants
PRAECIPE FOR WRIT OF POSSESSION
UPON A CONFESSED JUDGMENT
TO THE PROTHONOTARY:
Please issue a writ of possession upon the judgment in ejectment entered by confession in the above
matter for the properly described on Exhibit "A" hereto.
I certify that:
1. This praecipe is based upon a judgment entered by confession; and
2. Notice pursuant to Rule 2973.2 has been served at least 30 days prior to the filling of this
praecipe as eVidenced by affidavits of serVice filed of record.
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Service should be upon Defendants at their addresses set forth on the Certificate of Residence filed of
record, a copy of which is attached as Exhibit "B" hereto.
Date: April 3, 2000
JOHNSON, DUFFIE, STEWART & WEIDNER
~/
B~' C. ROy"Wercrner,- Jr.
:133148
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DESCRIPTION OF SUBJECT PREMISES
ALL THAT CERTAIN parcel or lot of real estate situate in East Pennsboro Township,
Cumberland County, Pennsylvania, being more particularly bounded and described as follows:
BEGINNING at a point at the southwest corner of Lot "B" on the hereinafter described Final
Subdivision Plan and at a point on the northern line of other lands of Holy Spirit Hospital of the Sisters
of Christian Charity; thence along the northern line of other lands of Holy Spirit Hospital of the Sisters
of Christian Charity South 77 degrees 45 minutes 00 seconds West a distance of 50 feet to a point at
the southeast corner of lands now or formerly of Nicholas A. Rilla and Joseph A. Rilla, Jr.; thence
along the eastern line of the same North 12 degrees 15 minutes 00 seconds West a distance of
239.88 feet to a point on the southern line of other lands of Holy Spirit Hospital of the Sisters of
Christian Charity; thence along the same North 77 degrees 45 minutes 00 seconds East a distance of
50 feet to a point; thence along the western line of other lands of Holy Spirit Hospital of the Sisters of
Christian Charity South 12 degrees 15 minutes 00 seconds East a distance of 80 feet to a point at the
northwest corner of Lot "B" on the hereinafter described Final Subdivision Plan; thence along the
western line of said Lot "B" South 12 degrees 15 minutes 00 seconds East a distance of 159.88 feet
to a point at the northern line of other lands of Holy Spirit Hospital of the Sisters of Christian Charity,
the point and place of BEGINNING.
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CONTAINING 0.2753 acres.
BEING Lot "A", Final Subdivision Plan of Two Tracts of Land, dated February 3, 1987,
recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 53, Page 16.
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EXHIBIT tiB"
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Johnson, Duffie, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lernoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
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HOLY SPIRIT CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. dOQd - &;;J 1
v.
CONSTANTINE G.J. TOULOUMES,
JAMES J. TOULOUMES, III,
JAMES J. TOULOUMES, JR. ,
FROSO I. TOULOUMES and
JFK-T GROUP, INC. d/b/a T-KOSTA'S,
CERTlFICA TE OF RESIDENCE
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Defendants
The undersigned does hereby certify that the last known address ,and present whereabouts of each of
the parties is as follows: '
Holy Spirit Corporation
503 North 21 sl Street
Carnp Hill, PA 17011
James J. Touloumes, Jr.
328 West Old York Road'
Carlisle, PA 17013
Constantine G.J. Touloumes
328 West Old York Road
Carlisle, PA 17013
Froso I. Touloumes
328 West Old York Road
Carlisle, PA 17013
James J. Touloumes, 1\1
328 West Old York Road
Carlisle, PA 17013
JFK-T Group, Inc.
Attention: Froso I. Touloumes, Vice President
451 North 21'" Street
Camp Hill, PA 17011
JOHNSON, DUFFIE, STEWART & WEIDNER
BY.-'r ~~
C. Roy Wei er .
:130941
5574-50
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WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.)
HOLLY SPIRIT CORPORATION
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2000-628
Term
No,
Term
vs,
Costs
CONSTANTINE G.J. TOULOUMES
JAMES J. TOULOUMES, III
JAMES J. TOULOUMES, JR.
F0090 I TonTOTTMli'5 anQ
JFK-T FROUP, INC. d/b/a T-KOSTA'S
Att'y.
Pl'ff (s)
$ 29.50
$
$ ] .00
Prothy.
See Attached for Addresses
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Cumberland
County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to: HOLLY SPIRIT CORPORATION
Plaintiff (s)
being: (Premises as follows):
See Attached Legal Description
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Curtis R. Long
, Common Picas Court of Cumberland County, Pennsylvania
(SEAL)
Date April h 2000
By:
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By virtue of this writ, on the 27th day of April 2000
I caused the within named Holy Spirit Corporation by the'r agent, Michael Cassidy to
have possession of the premises described with the appurtenances, ~ at (see legal description)
THIS WRIT IS RETURNED STAYED.
Sheriff's Costs:
Docketing
Pound!,!ge
Prothonotary
Service
Possession
Surcharge
$18.00
2.60
1. 00
31.00
30.00
50.00
$132.60
Advance Costs:
Sheriff's Cost:
$150.00
132.60
$ 17.40
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Sworn and subscribed to before me this /...J.-
day of ~
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Prothonotary (