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HomeMy WebLinkAbout97-00443 ~ 'r- ~ - ~ IQ, N S~ (" 0- -r. :c '.:J <i t., 0.. r:l:>j E r- ;,;~ l:o. N:j I.U '- - "!: :i '}' jg F -. .n~ . ... r- :::- . ~. ~, .~ ~\) ~ ~~ \)~ ~\ ~i:~ Ii>:: 01 ,. .... ,f' . !'~ : :> ~f~~. )t!i i~' .-.. i ~Q. !~ J8 i i ~... j i o-l ~ ~ ~ ~ !~! ~ I;~!I lIll ~d ~,,- III III c: - t:. o-l <( "I' t:. ~ Q ... < c. .. ! - 1 ,... " '~ '.'t (\. , ROBIN RICHARD REALTY ) IN THE COURT OF COMMON PLEAS ABSOCIATBS. . CUMBBRLAND COUNTY. PBNNSYLVANIA . Plaintiff ) NO. q7- '1'/3 ~ v. ) : CIVIL ACTION - IN BQUITY RAUB SUPPLY COMPANY . ) Defendant NOTICB YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a jUdgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim of relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYERS AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR'S OFFICE CUMBERLAND COUNTY COURT HOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-240-6200 '. , ROBrN RICHARD REALTY ASSOCI:ATBS, ) IN THE COURT OF CODON PLEAS CUMBBRLAND COUNTY, PBNNSYLVANI:A : Plaintiff ) NO. S 1997 v. RAUB SUPPLY COMPANY, ) Defendant : CIVIL ACTION - rN BQUITY NOTICIA Le han demandado a usted en 1a corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de 1a demanda y 1a notificacion. Usted debe presentar una apariencia escrita 0 en persona ofpor abogado y archivar in la corte en forma escrita sus defensas 0 sus objeciones alas demandas in contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 a1iviw que es pedido en 1a peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DI PAGAR TAL SERVICIA, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONOE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR'S OFFICE CUMBERLAND COUNTY COURT HOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-240-6200 \ ROB:IN RICHARD REALTY ) IN THE COURT OP COMMON PLEAS ASSOCIATES, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ) NO. 97- '-I ,( .3 C~;p~ : v. ) : CIVIL ACTION - :IN BQUITY RAUB SUPPLY COMPANY, ) Defendant COMPLAINT AND NOW comes the Plaintiff, Robin Richard Realty Associates, by and through its attorneys, ADLER & CLARAVAL, and respectfully represents as follows in support of this Complaint: 1. Plaintiff, Robin Richard Realty Associates, is a joint venture with an address of 2515 N. 7th Street, Harrisburg, PA 17110, and is engaged in the commercial real estate business. 2. Defendant, Raub Supply Company, is a Delaware corporation with its primary local place of business located at .301 West James Street, Lancaster, Lancaster County, Pennsylvapia 17604-3020. 3. This action in equity is brought pursuant to the Pennsylvania Uniform Fraudulent Transfer Act, 12 Pa.C.S. Paragraph 5101, et seq., in order to void the sale or transfer of business assets to defraud a creditor. In the alternative, the action at law is for the abandonment of a commercial lease. 4. On or about August 23, 1995, Robert D. Yentzer and Muretta L. Yentzer, husband and wife, of Carlisle, Cumberland County, Pennsylvania, entered into a lease agreement with Defendant, Raub Supply Company, for certain commercial property located at 6402 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. A true and correct copy of said lease agreement is marked Exhibit "A" and attached to this complaint. 5. The aforesaid lease provides, inter alia, that Defendant, Raub Supply Company, shall pay the Yentzers the total sum of $404,812.49 (Four Hundred Four Thousand, Eight Hundred and Twelve Dollars and Forty-nine Cents) in sixty (60) regular and consecutive monthly installment of $6,746.87 (Six Thousand Seven Hundred and Forty-Six Dollars and Eight-seven Cents). See Section 3.01, Basic Rent for Term at p. 3 of Lease. 6. The aforesaid lease further provides that the term of the lease is to commence at 12:01 a.m. on September 1, 1995, and expire at midnight on August 31, 2000. See Section 2.01, Demise and Term at p. 2 of Lease. 7. Pursuant to the aforesaid lease, Defendant, Raub Supply Company, in fact took possession of the leased premises on or about September 1, 1995, and made regular monthly payments of rent to the Yentzers. 8. On or about May 8, 1996, the aforesaid lease was assigned by the Yentzers to Plaintiff, Robin Richard Realty Associates, which assignment was expressly acknowledged by one Robert L. Halbleib, vice president-operations, on behalf of Defendant, Raub Supply Company. A true and correct copy of said assignment is marked Exhibit "B" and attached to this complaint. 9. From May 1996 to December 1996, Defendant, Raub Supply Company, has made regular monthly payments of rent to Plaintiff, Robin Richard Realty Associates, in accordance with the terms of the aforesaid lease and assignment. 10. Upon information. Plaintiff, Robin Richard Realty Associates, believes and therefore avers that Defendant, Raub Supply Company, is in the process of selling and/or transferring its business assets to a third-party purchaser. 11. Defendant has abandoned the leased premises, refuses to pay additional rent which was due as of January 1, 1997, and has breached the aforesaid lease. COMPLAINT IN EOUITY: PENNSYLVANIA UNIFORM FRAUDULENT TRANSFER ACT 12. The averments set forth in paragraphs 1 through 11 above are incorporated herein by reference as if set forth in fully. 13. Under the pennsylvania Uniform Fraudulent Transfer Act, Plaintiff, Robin Richard Realty Associates, as holder of the aforesaid lease and having a claim, is a creditor of Defendant, Raub Supply Company, which is a debtor for purposes of the Aot 5 ,"'or'" t . r I I ~ because it is liable on a claim. 14. Plaintiff believes and therefore avers that Defendant, Raub Supply Company, is making the aforesaid sale and/or transfer of its business assets with the actual intent to hinder, delay and/or defraud its creditors, including Plaintiff, Robin Richard Realty Associates. 15. Plaintiff believes and therefore avers that the aforesaid sale and/or transfer of business assets by Defendant, Raub Supply Company, constitutes substantially all of its assets. 16. Before starting to make the aforesaid sale and/or transfer of essential business assets, Defendant, Raub Supply Company, had been threatened with suit should it breach the aforesaid lease. 17. If it is found that the Defendant did not receive reasonably equivalent value in exchange for the sale or transfer of its assets defendant may be in violation of the Pennsylvania Uniform Fraudulent Transfer Act. Plaintiff believes and therefore avers that this may be the case in that Defendant has represented to Plaintiff that it is uncertain as to whether Plaintiff will be paid any further rent under its lease after the sale is consUIlllllated. 18. The Defendant knew or should have known that it incurred debts beyond its ability to pay them as they matured, such 6 f , " as that of the lease with Plaintiff. 19. It is believed and therefore averred that the debtor was insolvent at the time the transfer was made or will be insolvent at the time of the transfer in that Defendant has been unwilling, and Plaintiff assumes, unable, to pay rent due to Plaintiff. 20. Plaintiff is currently a creditor of Defendant. 21. By making the aforesaid sale and/or transfer of its business assets with the actual intent to hinder, delay and/or defraud its creditors, including Plaintiff, Robin Richard Realty Associates, the Defendant, Raub Supply Company, has violated the applicable provisions of the Pennsylvania Uniform Fraudulent Transfer Act and, therefore, an}" such sale and/or transfer is voidable under the Act. 22. Plaintiff, Robin Richard Realty Associates, lacks an adequate remedy at law. WHEREFORE, Plaintiff, Robin Richard Realty Associates, based on the foregoing allegations, hereby demands the following relief: a) judgment in its favor and agminst Defend&nt",a&Ub'". "',.',: \',<:'~ Supply Company; b) declaring any sale and/or transfer assets by Defendant, Raub Supply Company, to any 7 purchaser fraudulent, null and void; c) awarding reasonable attorney's fees and costs to Plaintiff; and d) ordering such other relief as is necessary, appropriate and just under the circumstances. COMPLAINT AT LAW: ABANDONMENT OF LEASE 23. The allegations set forth in paragraphs 1 through 22 above are incorporated by reference as if fully set forth herein. 24. Plaintiff, Robin Richard Realty Associates, brings this action against Defendant, Raub Supply Company, for the abandonment of the leased premises and breach of the aforesaid lease. 25. The aforesaid lease agreement currently in effect requires Defendant, Raub Supply Company, to make regular monthly payment of $6,746.87 (Six Thousand, Seven Hundred and Forty-Six Dollars and Eight-seven Cents) until midnight on August 31, 2000, when the lease expires. 26. Defendant, Raub Supply Company has abandoned the aforesaid leasehold and has exhibited conduct by which that intention is being carried into effect in that: 8 a) Defendant has moved from the leased commercial premises its property, equipment, supplies, furniture, etc. and thus appears to have vacated the premises; and b) Defendant has failed to renegotiate the terms of the aforesaid lease with Plaintiff. 27. By abandoning the aforesaid lease and exhibiting conduct by which that intention has been carried out, Defendant, Raub Supply Company, has breached, anticipatively and actually, its lease agreement with Plaintiff, Robin Richard Realty Associates. WHEREFORE, Plaintiff, Robin Richard Realty Associates, based on the foregoing allegations, hereby demands the following relief in an amount exceeding the jurisdictional amount requiring arbitration referral: a) judgment in its favor and against Defendant, Raub Supply Company; b) declaring that Defendant has abandoned the leased commercial premises; 0) declaring that Defendant has breached its lease agreement with Plaintiff: d) permitting plaintiff, at its option, to accept the abandonment and thereby terminate the lease; without acquiescing in the abandonment, to reenter, attempt to relet and hold Defendant liable for any deficiency: or to allow the premises to remain 9 . VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING PLEADING ARE TRUE AND CORRECT. [ UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S,A. \4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, , , f, ! Robin Richard Realty Associates by: DATE: I 1-1 7 (~ 7 . ) , ) 'j~!;i// ;~<:?<Mf' M. Richard Kleiman ... .' .' .. THIS LEASE AGREEMENT HADE and entered into this)3/U) day of fJ<J6-UGT by and between: ROBERT D. YENTZER and MURETTA L. YENTZER, husband and wife, having an address for all purposes hereunder of 126 Green Ridge Road, Carlisle, PA 17013, parties of the first part, hereinafter called "Lessors", , 1995, AND RAUB SUPPLY COMPANY, a Delaware business corporation having an address for all purposes hereunder of P. O. Box 3020, Lancaster, PA 17604-3020, party of the second part, hereinafter called "Lessee": WITNESSETH: WHEREAS, Lessors are the owners of a certain piece or parcel of real estate situated in Silver Spring Township, cumberland County, Pennsylvania, improved with a commercial building known and numbered as 6402 Carlisle Pike, Mechanicsburg, PA 17055, as more fully described in a certain legal description attached hereto marked "Exhibit A" and incorporated herein by reference thereto, hereinafter called "Demised Premises"; and WHEREAS, Lessors desire to lease and rent the Demised Premises to Lessee, who desires to use and occupy said Demised Premises as a tenant of rental property; and WHEREAS, the parties have negotiated certain terms, conditions, rights, privileges, duties and undertakings which they seek to document permanently by these presents; NOW, THEREFORE, in consideration of these presents and of EXHIBIT I A the mutual terms, promises, undertakings and conditions hereinafter set forth, and intending to be legally bound hereby, ths parties mutually agree as follows: ARTICLE I INCORPORATION OF FOREGOING INTRODUCTION section 1.01. The foregoing preamble and paragraphs are incorporated herein by reference thereto. ARTICLE II DEMISE - USE OF PREMISES - TERM OF LEASE section 2.01. Demise and Term. At the rentals and upon and subject to the conditions and limitations hereinafter set forth, Lessors hereby let and demise unto Lessee, and Lessee hereby takes and hires from Lessors the Demised Premises. TO HAVE AND TO HOLD the Demised Premises unto Lessee for a term commencing at 12:01 o'clock A.M. prevailing time on the first (1st) day of September, 1995, and expiring at midnight prevailing time on the thirty-first (31st) day of August, 2000, (hereinafter called "Term"). section 2.02. Extension of Term. Lessee shall have the right to extend the Term of this lease for one (1) additional period of five (5) years on the same terms as contained herein (except with regard to Basic Rent as provided in Section 3.03). In order to extend said Term or the first extension thereof, Lessee shall give written notice by the exercise of said option to extend not less than six (6) months prior to the expiration of -2- ~ r , ) :~ the Term or the extension thereof. If the Term is extended as aforesaid, all references to "Term" herein shall relate and apply to the then current extension of said Term. section 2.03. The Lessee's use of the Demised Premises shall be limited to the sale of plumbing, heating, electrical and industrial supplies, fixtures, equipment and materials. ARTICLE III RENT Section 3.01. Basic Rent for Term. Lessee shall pay to Lessors the sum of Four Hundred Four Thousand Eight Hundred Twelve and 49/100 ($404,812.49) Dollars as the basic rent for the Term (hereinafter called "Basic Rent for Term") payable in sixty (60) regular and consecutive monthly installments of six Thousand Seven Hundred Forty-six and 87/100 ($6,746.87) Dollars payable on the first (1st) day of each month of occupancy in advance of occupancy throughout said Term (plus the Escalated Rent and Additional Rent as hereinafter provided). Section 3.02. Escalated Rent. Lessee shall also pay as rent the additional amounts escalated with reference to the Consumer Price Index for All Urban Consumers as compiled by the United States Department of Labor, or its successors (hereinafter called "CPI") for the last twentY-four (24) months of the Term as follows: (a) Commencing with the first day of the thirty- seventh (37th) month of the Term, the Basic Rent shall be increased proportionately by the published annual -3- increase of the CPI for the last preceding twelve (12) months, but not to exceed four per centum (4%); that is, the rent shall be increased by the same percentage of increase, if any, that the CPI increases over the then last published twelve (12) months prior to the commencement of the thirty-seventh (37th) month of the Term. (b) commencing with the first day of the forty- ninth (49th) month of the Term, the Basic Rent as escalated by the provisions of (a) above, shall be further increased proportionately by the annual increase of the CPI for the last preceding twelve (12) 'months of the Term, but not to exceed four per centum (4%); that is, the rent for the last 12 months of the Term shall be increased by the same percentage, if any, that the CPI increases over the then last published 12 months prior to the commencement of the forty-ninth month of the Term. section 3.03. Additional Rent. Lessee shall also pay, as additional rent (hereinafter called "Additional Rent"), all sums, Impositions (defined in section 4.01 hereof), costs, expenses and other payments which Lessee in any of the provisions of this Lease assumes or agrees to payor discharge, and, in the event of any non-payment thereof, Lessors shall have (in addition to all other rights and remedies) all the rights and remedies provided for herein or by law in the case of non-payment of Basic Rent, it -4- being intended that the Basic Rent shall be an absolute net return to Lessors throughout each term of this Lease, free of expense, charge, offset, diminution, or other deduction whatsoever. Without limiting the foregoing, Lessee shall pay as Additional Rent, and shall defend, indemnify and save Lessors harmless from, all costs, expenses and obligations of every kind and nature whatsoever relating to the Demised Premises (except those for which Lessors shall be responsible by the provisions of this Lease) which may arise or become due during the term hereof and which Lessee would be required to pay in the ordinary course of business if Lessee were the owner of the Demised Premises. section 3.04. Rent for Extended Term. If Lessee exercises its option to extend the Term hereof pursuant to Section 2.02 hereinabove, Lessee agrees to pay rent as follows: (a) Basic Rent for Extended Term. Lessee shall pay to Lessors as the Basic Rent for Extended Term a sum of money equal to the Basic Rent for Term above ($404,812.49) increased proportionately by the total increase of the CPI for the last twelve (12) months of the Term but not to exceed nine percentum (9%) (hereinafter called "Basic Rent for Extended Term") payable in sixty (60) regular and consecutive monthly installments, each in the amount of one-sixtieth of the Basic Rent for Extended Term payable on the first (1st) day of each month of occupancy in advance of occupancy throughout such Extended Term (plus the -5- . , I I --0'_-'"'<1'> , fff'lftfl,tt': , ,. ,'_,n ~ '_\ Additional Rent as hereinafter provided) . (b) Additional Rent. Lessee shall also pay as Additional Rent all sums required under Section 3.03 hereinabove. All references to "Basic Rent" in said Section 3.03 shall be construed to mean Basic Rent for Extended Term as defined above. ARTICLE IV TAXES AND OTHER CHARGES - COMPLIANCE WITH LAW, ETC. Section 4.01. Imposition Defined - Obligations to Pay. As used herein, "Impositions" shall mean all real estate taxes (as limited and defined in Section 4.02 hereinbelow), water and sewer char~es, license fees, sales, use and other tax or taxes imposed by any governmental agency upon the Demised Premises or upon the leasing, use or operation thereof. Lessee shall pay all Impositions which become payable during its occupancy of the Demised Premises. Section 4.02. "Impositions" Further Defined. Nothing in this Lease contained shall require Lessee to pay any franchise, estate, inheritance, succession, capital levy or transfer tax of Lessors, or any income, excess profits or revenue tax, except to the extent hereinafter provided, and if Lessee shall be required by law to pay and pursuant to such requirement does pay, any such tax, assessment, charge or levy specified in this Section 4.02, Lessors shall, upon request, reimburse Lessee for any such payments with interest at at per annum from the date of paymsnt of such tax assessment, charge or levy; provided, however, that -6- if at any time during any term hereof a tax or excise on rents or other tax however described is levied or assessed against Lessors or the Rent as a substitute in whole or in part for taxes assessed or imposed on the Demised Premises, Lessee shall (but to the extent only that such substitution so far as ascertainable relieves Lessee from the payment of an Imposition) pay and discharge such tax or excise on rents or other tax before any interest or additional charge may be added thereto for the non- payment thereof, and such tax shall be deemed an Imposition. Section 4.03. Piscal Period Allocation. Any Imposition payable with respect to a fiscal period during which Term of this Lease shall expire or terminate shall be adjusted between Lessors and Lessee as of the expiration or termination of such term, so that Lessee shall pay only such proportion of said Imposition as the part of such fiscal period falling within the Term bears to the entire such fiscal period, and Lessors shall pay the remainder thereof. section 4.04. Accounting. Lessee shall furnish to Lessors within sixty (60) days after the close of each lease year, a certificate of an officer of Lessee showing in reasonable detail the amount of each Imposition paid during such year and the day of its payment. Lessee shall produce to Lessors for their inspection, within thirty (30) days after receipt thereof, the official receipt by the appropriate taxing authority evidencing payment of any such Imposition. section 4.05. Contest ot Impositions. Lessee shall have -7- the right to contest the amount or validity of any Imposition, and to establish or maintain any exemption therefrom, by appropriate legal proceedings, but Lessee shall not be relieved of its obligation to pay such Imposition at the time and in the manner as provided in this Article IV unless the proceedings shall operate to prevent the collection of such Imposition and the sale of the Demised Premises, or any part thereof, to satisfy the same. If Lessors reasonably believe that a sale of the Demised Premises is threatened by virtue of the non-payment of any such contested Imposition, Lessor~ may pay such contested Imposition, in which event, all sums so paid, with interest at 8% from the date of payment, shall be payable on demand as Additional Rent. Any proceeding referred to in this Section 4.05 may be brought by Lessee in its name or in the name of Lessors, but Lessors shall not be subjected to any liability for the payment of any costs or expenses in connection with any proceeding brought by Lessee, and Lessee shall indemnify and save Lessors harmless from any such costs or expenses. If Lessee so requests, Lessors shall cooperate with Lessee in the prosecution of any such proceedings, including, without being limited to, the execution by Lessors of such lawful papers and instruments as may be reasonably required by the Lessee. Lessee shall be entitled to any refund of any such Imposition and penalties or interest thereon which have been paid by Lessee, or which have been paid by Lessors, if Lessors have been fully reimbursed therefor and for interest thereon. -8- ,. Section 4.06. compliance with Law, etc. Lessee shall, at Lessee's sole cost and expense, promptly comply with all Legal Requirements affecting the Demised Premises or the use thereof, , I t" Ill!;./.U:II tk- ~~ 1n '111ng the making of structural, unforeseen or extraordinary changes. The term "Legal Requirements" as used herein shall mean (a) all laws, statutes, codes, acts, ordinances, orders, judgments, decrees, injunctions, directions, rules, regulations, requirements, permits, licenses and authorizations of all governments, departments, commissions, boards, courts, authorities, agencies, officials and officers de jure or de facto, or compromises or settlements arising out of any actions or proceedings by or before any such authority de jure or de facto, and (b) the requirements of all policies of general or public liability, fire and other insurance which either party hereto is required hereby to maintain with respect to the Demised Premises, excluding any item the cost of compliance with which exceeds $500.00. Section 4.07. Contest of Legal Requirements. Lessee shall have the right to contest, by appropriate proceedings diligently conducted in good faith in the name of Lessee or Lessors or in the names of both of them, without cost or expense to Lessors, the validity or application of any Legal Requirement; provided, that the delay in conformance to, compliance with, observance of, or avoidance or elimination of violation of the same, attendant upon and pending the prosecution of such proceedings, shall not subject Lessors to any criminal liability. Upon request by -9- Lessee, Lessors shall execute and deliver any and all such lawful documents or instruments and shall take any and all such other lawful action as shall be necessary or proper to permit Lessee to so contest the validity or application of any such law, ordinance, rule, regulation, requirement, covenant, condition or restriction, or to facilitate the conduct of such contest by Lessee. Lessee covenants to indemnify and save harmless Lessors from any liability for the payment of any costs or expenses in connection with any such contest. ARTICLE V SURRENDER section 5.01. Surrender Covenant. Subject to the provisions of this Lease, Lessee shall and will, on the last day of the Term, or upon any earlier termination hereof, well and truly surrender and deliver up the Demised Premises into the possession and use of Lessors without fraud or delay and in good order, condition, and repair (except for reasonable wear and tear), free and clear of all occupancies, and free and clear of all liens and encumbrances created by an act or omission of Lessee. section 5.02. Removal ot Lessee's Property. Except as provided otherwise in Section 24.02(a) hereinbelow and provided Lessee is not in default hereunder, any and all furniture, fixtures, equipment, machinery and appliances of any kind anc(;,';~i.:L'" ,_., nature, whether attached to the Demised Premises or not, used Ol';' installed for use primarily in the operation and maintenance of -10- .... Lessee's business, if such property shall not have been furnished or installed by or at the expense of Lessors, are excluded from this Lease and shall be removed by Lessee on the last day of the then current term hereof. Lessee shall payor cause to be paid to Lessors the cost of repairing any damage to the Demised Premises arising from the removal of such property. section 5.03. Abandonment of Lessee's Property. Any such property of Lessee which shall remain in or on the Demised premises upon the expiration of the then expired term, may, at the option of Lessors, be deemed to have been abandoned by Lessee and either may be retained by Lessors as their property or be disposed of, without accountability, in such manner as Lessors may see fit. Lessee shall reimburse Lessors upon demand for Lessee's actual costs and expense of removing any abandoned property less only any proceeds of sale actually realized by Lessors upon disposition of such abandoned property. section 5.04. Survival. The provisions of this Article V shall survive any termination of this Lease. ARTICLE VI INSURANCE Section 6.01. Lessors to Obtain casualty Insurance. Lessors shall obtain such fire and other casualty insurance covering the Demised Premises through such companies and on such terms as they may determine from time to time in order to protect their investment therein to the extent of replacing the improvements on the Demised Premises. -11- Section 6.02. Lessee to Reimburse Premium. Lessee agrees to pay to Lessors within thirty (30) days after delivery of Lessors' invoice to Lessee the insurance premiums on the Demised Premises, said amount to be an Imposition as defined above and shall be considered as Additional Rent. Section 6.03. Lessee's obligation to Keep Liability Insurance. At its sole cost and expense and without reimbursement or contribution from Lessors, Lessee shall keep the Demised Premises insured at all times during the continuance of this Lease for general liability insurance covering the legal liability of Lessors and Lessee against the claims for any bodily injury or death of persons and for damage or destruction of property, occurring on, in or about the Demised Premises and its appurtenances and arising out of the use and occupation of the Demised Premises by Lessee, with minimum coverages of $2,000,000.00 General Aggregate Limit, $1,000,000.00 Each Occurrence Limit and $5,000.00 Medical Expense Limit, and such insurance shall name as the insured parties thereunder both Lessors and Lessee, and Lessee shall provide certificates of such insurance and true and complete copies of all policies to Lessors at all times. section 6.04. Lessee's obligation to Keep Other ID8willD~.~: ,-"'",, At its sole cost and expense and without reimbursement or';';";i,;i:'fjJ~i~.j"0i}f)S" contribution from Lessors, Lessee shall obtain, keep andliUl'i.Jjt!"'~\I~~~'~.i:' '(,i ..~-', ':}':-:':~_~!:f ;: at all times during the continuance of this lease workers' compensation insurance coverage with a minimum equivalent to -12- statutory limits of the state having jurisdiction, and Lessee shall provide to Lessors certificates of such insurance by the insurer. section 6.05. Lessors' Non-liability to Insure contents. Lessors shall have no responsibility to provide or maintain any fire or other casualty insurance for the protection of Lessee's individually owned property or the property of third parties on or in the Demised Premises. It is understood and agreed that Lessee shall be solely responsible for insuring or otherwise protecting such other property against loss or destruction from any cause whatsoever. ARTICLE VII RIGHT TO PERFORM LESSEE'S COVENANTS section 7.01. Lessors' Right. If at any time Lessee shall fail to make any payment or perform any other act under this Lease required to be made or performed by Lessee, then Lessors, after five (5) days' notice to Lessee (or without notice in case of an emergency) and without waiving or releasing Lessee from any obligation or default under this Lease, may at any time thereafter (but shall be under no obligation to) make such payment or perform such act for the account and the expense of Lessee, and Lessors and the authorized representatives of Lessors may enter upon the Demised Premises for the purpose and take all such action thereon as may be necessary therefor. All sums so paid by Lessors and all costs and expenses incurred by Lessors in connection with the performance of any such act shall constitute , I . I ' -13- Additional Rent payable by Lessee under this Lease and shall be paid by Lessee to Lessors on demand. ARTICLE VIII REPAIRS AND MAINTENANCE section 8.01. Repairs Generally. During the term of this Lease, Lessee, at its sole cost and expense, shall take good care of the Demised Premises and shall, subject to reasonable wear and tear, keep the same in good order and condition, and make all necessary repairs thereto, interior and exterior, and structural and nonstructural, except only as provided in Section 8.05 hereinbelow. When used in this Article VIII, the term "repairs" shall include all necessary replacements and alterations. All repairs made by Lessee shall be substantially equivalent in quality and workmanship to the original work. Section 8.02. Maintenance. Lessee shall promptly and with due diligence put, keep and maintain all portions of the Demised Premises and the improved areas adjoining the same in a clean and orderly condition, free of dirt, rubbish and unlawful obstructions, and shall remove all garbage, trash and rubbish from the Demised Premises at its sole cost and expense. Section 8.03. Lessee's Primary Responsibility. Except only as provided otherwise in section 8.05 hereinbelow, Lessors shall not be required to furnish any services or facilities or to make any repairs in or to the Demised Premises, and Lessee hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the -14- Demised Premises. section 8.04. Waste. Lessee shall not cause or permit any waste or damage, disfigurement or injury to the Building or any part thereof. section 8.05. Lessors' Responsibility to Repair and Maintain. Lessors at their sole cost and expense shall be responsible for the structural repair of the foundation, exterior walls, basic floor (excluding any coverings) and roof of the building and the parking lot for damages or deterioration. Lessee agrees to reimburse Lessors for the cost of any repairs made by Lessors under the foregoing provisions which were necessitated by damages caused by the negligent or intentional conduct of the Lessee, its employees, guests or contractors. Section 8.06. Removal of Snow and Ice. Lessee, at its sole cost and expense shall keep the sidewalks, docking area and parking lot on the Demised Premises free of ice and snow. Lessee shall comply with all rules, regulations and ordinances governing the removal of snow and ice from the public sidewalks adjoining the Demised Premises. ARTICLE IX UTILITIES, MUNICIPAL SERVICES AND FUEL section 9.01. Lessee's obligations. Lessee shall pay the fees and charges of all public utilities and municipal services now or hereafter serving the Demised Premises, including but not limited to electricity, telephone, water, gas and sanitary sewerage. said charges shall be paid to the providers thereof in -15- accordance with their applicable rates. If any such charge is assessed against Lessors, Lessee will reimburse Lessors for the same as Additional Rent on the same terms and conditions as [ i I I imposed by the Provider. Section 9.02. Lessee to Supply Fuel. Lessee agrees to procure and pay for all fuel used to heat the Demised Premises. ARTICLE X ALTERATIONS AND SIGNS Section 10.01. Lessee Permitted to Alter Premises. SUbject to the provisions of Section 10.02, Lessee at its sole cost and expense may make such alterations to the Demised Premises as may be reasonably necessary for the continuation or improved , ~ operation of its business activities. i , Section 10.02. Requirements and Restrictions of Alterations. No Alteration of the Demised Premises shall be permitted which will adversely affect the structural integrity of the building on the Demised Premises. No alteration shall be performed until approval in writing is granted by Lessors based upon comprehensive plans and specifications of the proposed alteration. All such alterations shall become the property of Lessors upon construction and shall not be removed by Lessee upon termination of this Lease, unless specifically otherwise agreed in writing. Section 10.03. Identification and Directional Signs. Lessee shall have the right to install and maintain (at its sole cost and expense) signs identifying its occupancy of the Demised -16- r:r~ Premises, provided that all such signs shall comply with all governmental codes and regulations, and shall be subject to Lessors' prior written approval, which approval shall not be unreasonably withheld. LIENS ARTICLE XI section 11.01. Lessee's Obligations. Lessee will not create or permit to be created or to remain, and covenants to remove and discharge promptly, at its cost and expense, all liens, encumbrances and charges upon the Demised Premises or Lessee's leasehold interest or other estate therein which arise . out of the use or occupancy of the Demised Premises by Lessee (including municipal liens for services) or by reason of labor or materials furnished or claimed to have been furnished to Lessee for any construction, alteration, addition or repair of any part of the Demised Premises; provided, Lessee shall have the right to contest the amount or validity of any such lien, encumbrance or ARTICLE XII I i I I i i ~ i f ~ .. i ' I' I., charge. INSPECTION OF DEMISED PREMISES BY LESSORS Section 12.01. Inspection. subject to Lessee's usual security rules, Lessee agrees to permit Lessors or the duly authorized representatives of Lessors to enter the Demised ~~ Premises at all reasonable times during usual business hours for the purpose of (a) inspecting the same and (b) making any repairs \~ -17- to the Demised premises or performing any work thereon which shall be necessary by reason of Lessee's failure to make such repairs or perform such work or to commence the same within ten (10) days after written notice from LessOrS. Lessors agree, however, in connection with the doing of such work, to cause as little inconvenience, annoyance, disturbance, loss of business or other damage to Lessee as may reasonably be possible in the circumstances. Nothing herein shall imply any duty or obligation upon the part of Lessors to make any repairs or to perform any work which Lessee is required to make or perform under any provision of this Lease and the making or performing thereof by Lessors shall not constitute a waiver of Lessee's default in failing to make or perform the same. ARTICLE XIII INDEMNIFICATION OF LESSORS section 13.01. Indemnify. Lessee shall protect, defend, indemnify and save harmless Lessors against and from any and all claims by or on behalf of any person arising during any term of this Lease from (a) the conduct or management of or from any work or thing whatsoever done by Lessee or its agents, contractors, employees or licensees in or on the Demised Premises, or (b) any breach or default on the part of Lessee in the performance of any covenant or obligation on the part of Lessee to be performed pursuant to the terms of this Lease, or (c) any act of negligence of Lessee or any of its agents, contractors, employees, or licensees with respect to the Demised Premises, or (d) any -18- condition of the building or of any curb or sidewalk adjoining the same, except claims resulting from Lessors' breach of obligations under Section 8.05 hereof or the acts or neglect of Lessors or their employees, agents, contractors or licensees, or (el any accident, injury or damage howsoever caused during the term of this Lease to any person in or on the Demised Premises or upon the sidewalks adjoining the same, except claims resulting from Lessors' breach of obligations under Section 8.05 hereof or the acts or neglect of Lessors or their employees, agents, contractors or licensees, and against and from all liability in connection with any and all costs and expenses (including counsel fees) reasonably incurred with respect to any such claim or any action or proceeding brought against Lessors thereon; provided, Lessors shall notify Lessee of such claim and Lessee shall have the right to resist or defend the claim as hereinafter set forth. In case any action or proceeding be brought against Lessors by reason of any such claim, Lessee covenants upon notice from Lessors to resist or defend such action or proceeding by counsel reasonably satisfactory to Lessors, and Lessors will cooperate and assist in the defense of such action or proceeding if reasonably requested so to do by Lessee. ARTICLE XIV DAMAGE AND DESTRUCTION section 14.01. Hinor Loss. If the building on the Demised Premises is damaged or destroyed by any hazard, risk or casualty, and the estimated cost of the repair, restoration or rebuilding -19- of the portion of the Building so damaged or destroyed (hereinafter called "Damaged property") is less than $25,000.00, Lessors shall promptly commence and diligently prosecute the repair, restoration or rebuilding of the Damaged Property as nearly as possible to the condition thereof as it existed prior to such damage or destruction. section 14.02. Major Loss. If such estimated cost with respect to anyone occurrence is $25,000.00 or more, Lessors shall have the right at their election (a) to repair, restore or rebuild the Damaged Property, or (b) to terminate this Lease by giving Lessee within twenty (20) days after the damage or destruction at least sixty (60) days' prior notice specifying the termInation date, in which event Lessee shall surrender the Demised Premises to Lessors, upon which event the tenancy hereunder shall cease and terminate. If the estimated time of completion of any such repairs or restoration shall exceed ninety (90) days after the date of damage or destruction and Lessee's use of the Demised Premises is materially and adversely affected by such damage or destruction, then Lessee may by written notice to Lessors terminate this lease. section 14.03. Abatement of Rent. For any period during any time in which the said building or any part thereof is unfit for the purposes leased due to damage or destruction, beyond Lessee's control or not caused by Lessee's fault, Basic Rent shall be abated; otherwise, the rent shall not be abated by reason of loss of use due to damage or destruction. -20- , I ARTICLE XV CONDEMNATION Section 15.01. Condemnation. If the whole or any part of the Demised Premises during the term hereof are taken or condemned under power of eminent domain, by federal, state or local governmental authorities or by any non-governmental body, authority or corporation having the power of eminent domain, the following provisions shall be controlling and followed: (al Termination and Abatement. This Lease shall terminate as to such part so taken or condemned; and in the event of a partial taking, the rent specified in Section 3.01 shall abate in the proportion that the 'value of the property taken bears to the value of the entire Demised Premises. (bl Lessors' Right to Seek Damages. Lessors alone shall be entitled to seek and recover any damages or compensation payable by the condemnor or make settlement in lieu thereof with the condemnor, as relate to the taking of, damage to, or diminution in value of the Demised Premises and the improvements erected on or located thereon occasioned thereby and any additional compensation which may be payable under the law for the taking. (c) Adjustment of Rent. In the event of a taking in fee or of easement or any lesser interest in the Demised Premises, rent shall be abated as provided in -21- Sub-section (a) above; and such abatement shall be as of the date on which Lessee is required to surrender possession of the area taken to the condemnor or the date on which Lessee is required to pay rental or like charge to the condemnor in order to remain in possession for any period beyond such time. ARTICLE XVI ASSIGNING - HOLDING OVER Seotion 16.01. No Right to Sublet, Assign or Hortgage. Lessee may not sublet all or any part of the Demised Premises nor assign or mortgage this Lease without the prior express written consent of Lessors. Any such attempted subletting, assignment or mortgage shall be void. section 16.02. Holding Over. If Lessee holds over or remains in possession of the Demised Premises after the termination of the Term, without any new lease of the Demised Premises being entered into between Lessors and Lessee, such holding over or continued possession shall, if rent is paid by Lessee and accepted by Lessors, create a tenancy from month to month only, subject to continued payment of the monthly rent at the rate in effect immediately prior to such termination and upon all of the provisions and conditions of this Lease (other than length of term or cancellation provisions herein contained), which tenancy may at any time be terminated by either party on twenty (20) days' prior written notice to the other party. -22- ARTICLE XVII CONDITIONAL LIMITATIONS - DEFAULT PROVISIONS section 17.01. Event of Default. Any of the following occurrences or acts shall constitute an Event of Default under this Lease: (i) if Lessee (regardless of the pendency of any bankruptcy, reorganization, receivership, insolvency or other legal or administrative proceedings which may prevent Lessee from complying with the terms of this Lease) shall (a) default in making any payment of rent, additional rent or other sum herein required to be paid by Lessee pursuant to the terms hereof or (b) default in the observance or performance of any other covenant, agreement or obligation of Lessee hereunder, and if such default shall continue as to (a) for five (5) days after Lessors shall have given notice to Lessee that such payment has become due, or as to (b) for ten (10) days after Lessors shall have given notice to Lessee specifying such default (or, in the case of any default referred to in clause (b) which cannot with diligence be cured within such ten-day period, if Lessee shall fail to proceed promptly to cure the same and thereafter prosecute the curing of such default with diligence, it being intended, in connection with a default not susceptible of being cured with diligence within such period, that the time of Lessee within which to cure the same shall be extended for such period as may be necessary to complete the curing of the same with diligence); or (ii) if Lessee shall file a petition in bankruptcy or for reorganization or for an arrangement or any other relief pursuant to the federal -23- Bankruptcy Act or under any similar federal or state law, or shall be adjudicated a bankrupt or insolvent or shall make an assignment for the benefit of creditors or shall admit in writing Lessee's inability to pay Lessee's debts generally as they become due, or if a petition or answer proposing the adjudication of Lessee or any such owner as a bankrupt or its reorganization under the federal Bankruptcy Act or any similar federal or state law shall be filed and such petition or answer shall not be discharged or denied within thirty (30) days after the filing thereof, or (iii) if a receiver, trustee or liquidator of Lessee or of any such owner or of all or substantially all of the property of Lessee shall be appointed in any proceeding brought by Lessee, or if any such receiver, trustee or liquidator shall not be discharged within thirty (30) days after such appointment, or (iv) if the estate or interest of Lessee shall be levied upon or attached in any proceeding and such process is not vacated or discharged within thirty (30) days after such levy or attachment. Section 17.02. Termination and Re-Entry. _(a) This Lease and the estate hereby granted are subject to the limitation that whenever an Event of Default shall have happened and be continuing, Lessors shall have the right (and notwithstanding the fact that Lessors may have some other remedy hereunder or at law or in equity) to give Lessee notice of Lessors' intention to terminate the term hereof on a date specified in such notice, which date shall not be less than ten (10) days after the date of giving of such notice, and upon the giving of such notice, the -24- Term hereof and the estate hereby granted shall expire upon the date so specified in said notice with the same effect as if the date specified in such notice were the date hereinbefore fixed for the expiration of the final term of this Lease, and all rights of Lessee hereunder shall expire, but Lessee shall remain liable as hereinafter provided; (b) in the event any such notice is given, Lessors shall have the immediate right of re-entry and possession of the Demised Premises; (c) should Lessors re-enter as herein provided or take possession pursuant to legal proceedings or any notice provided for by law, Lessors may from time to time re-1et the Demised Premises or any part thereof for such terms and at such rentals and upon such conditions as Lessors may deem advisable; and (d) upon such expiration of the term hereof and the estate hereby granted, Lessors shall be entitled to recover, in addition to any and all sums and damages for violation of Lessee's obligations hereunder in existence at the time of such termination, damages for Lessee's default in an amount equal to the amount of the Basic Rent reserved for the balance of the then current term of this Lease, as well as all other charges, payments, costs and expenses herein agreed to be paid by the Lessee, all discounted to their then present worth, at a discount rate of 6% per annum. section 17.03. Remedies Not EXClusive, Etc. No right or remedy herein conferred upon or reserved to Lessors is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to any other right or -25- remedy given hereunder or now or hereafter existing at law. The failure of Lessors to insist upon the strict performance of any covenant or agreement or to exercise any option, right, power or remedy contained in this Lease shall not be construed as a waiver of relinquishment thereof for the future. A receipt by Lessors of any rent or other sum payable hereunder, with knowledge of the breach of any covenant or agreement contained in this Lease shall not constitute a waiver of such breach (other than the prior failure to pay such Rent or other sum) and no waiver by Lessors of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Lessors. Lessors shall be entitled, to the extent permitted by law, to injunctive relief in case of the violation, or attempted or threatened violation, of any covenant, agreement, condition or provision of this Lease or to a decree compelling performance of any covenant, agreement, condition or provision of this Lease or to any other remedy allowed by law. ARTICLE XVIII QUIET ENJOYMENT - MORTGAGE PAYMENTS CONVEYANCE BY LESSORS Section 18.01. Quiet Enjoyment. Lessee, upon paying the Basic Rent and all Additional Rent and other charges herein provided for and observing and keeping all covenants, agrsements and conditions of this Lease on its part to be kept, shall quietly have and enjoy the Demised Premises throughout each term ' of this Lease without hindrance or molestation by Lessors or anyone claiming through Lessors, subject, however, to the -26- . . I , i , I i r I, , ! , l exceptions, reservations and conditions of this Lease. section 18.02. Mortgage Payments. Lessors covenant and agree to pay when due all installments of principal and interest payable under any mortgage loan secured upon the fee of the Demised Premises, and to observe and perform all other terms, covenants and conditions of any such mortgage. section 18.03. Conveyance by Lessors. If Lessors or any successor owner of the Demised Premises shall conveyor otherwise dispose of the Demised Premises, thereupon all liabilities and obligations on the part of Lessors or such successor owner under this Lease shall be binding upon the transferee of the Demised Premises; and, if in addition, Lessors or such successor owner shall turn over to such transferee any and all funds held by it hereunder in which Lessee has an interest hereunder, and such transferee shall in writing expressly assume Lessors' obligations hereunder with respect to such funds, thereupon all such liabilities and obligations on the part of Lessors or such successor owner under this Lease, accruing after such conveyance or disposal and assumption, shall terminate. ARTICLE XIX LESSEE'S RIGHT TO PERFORM LESSORS' COVENANTS section 19.01. Lessee's Right. If at any time Lessors shall fail to make any payment or perform any other act required to be made or performed by Lessors, then Lessee, after ten (10) days' notice to Lessors (or without notice in case of an emergency) and without waiving or releasing Lessors from any -27- t , . I , ~ obligation of Lessors under this Lease, may make such payment or perform such other act, but without any obligation to do so. All sums so paid by Lessee and all costs and expenses, including all reasonable legal fees, incurred by Lessee in connection with the performance of any such act shall be paid by Lessors to Lessee on demand or Lessee may set off such sums, but only to the extent permitted in section 3.02 hereof, against the amount of subsequent installments of Basic Rent thereafter becoming dUe. Without limiting the effect of the foregoing, Lessee shall have the right at any time and from time to time to make payments directly to Lessors' Lender on account of principal and accrued interest on any Mortgage Loan made to Lessors and to take credit for such payments against amounts otherwise payable as Basic Rent hereunder. ARTICLE XX PAYMENTS, NOTICES AND APPROVALS Section 20.01. Hanner of Payments and Notices. Any payment to be made under this Lease from Lessee to Lessors or vice versa (or to or from a successor or assignee of Lessors) shall be made by check or checks payable to the order of Lessors or Lessee, as the case may be, except that, if Lessors designate another party as the payee hereunder, then such payment shall be made by check or checks payable to the order of the party so designated. All notices, approvals, waivers, consents and ocher instruments required or permitted to be given under this Lease shall be in writing and shall be properly given and all payments shall be -28- properly made, if sent by registered or certified United states mail, postage prepaid, to the addresses appearing in the preamble of this document. Section 20.02. Change of Address. Lessors and Lessee shall each have the right, from time to time, to specify as their/its proper address for purposes of this Lease Agreement any other address upon giving five (5) days' notice thereof to the other party/parties entitled to receive notices hereunder. ARTICLE XXI SUCCESSORS AND ASSIGNS - RULES OF INTERPRETATION section 21.01. Binding Effect. All covenants, conditions and obligations contained in this Lease shall be binding upon and inure to the benefit of the respective heirs, personal representatives, successors and assigns of Lessors and Lessee to the same extent as if each such heirs, personal representative, successor and assign were named as a party to this Lease, subject nevertheless, to the provisions of this Lease, including but not limited to the provisions of section 16.01 hereof. This Lease may not be changed, modified or discharged except by a writing signed by Lessors and Lessee. The foregoing provisions shall not abrogate or modify the provisions of section 16.01 hereof. section 21.02. Rules of Interpretation. The parties hereto further covenant and agree: a. Separability. Each covenant and agreement contained in this Lease shall for all purposes be construed to be a separate and independent covenant and -29- agreement. If any term or provision of this Lease or the application thereof to any person or circumstances shall to any extent be invalid and unenforceable, the remainder of this Lease or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and shall be enforced to the extent permitted by law; provided, however, if Lessee's covenants under Article III hereof shall be invalid or unenforceable, then in such event, at Lessors' option, Lessors shall be entitled to recover damages pursuant 'to subsection (d) of section 17.02 hereof. b. Headings. The headings to the various paragraphs of this Lease have been inserted for convenience reference only and shall not modify, amend or change the express terms and provisions of this Lease. ARTICLE XXII SUBORDINATION TO MORTGAGES section 22.01. Future Subordination. If for any reason it shall be necessary for Lessors to use the Demised Premises as collateral for any future loan, Lessee covenants and agrees that its rights hereunder are and shall be subordinate in interest to the lien and obligation of any future mortgage, and that it will execute, acknowledge and deliver such documents as may be -30- ~ ~ required by a lender to confirm the subordinate status of this Lease and Lessee's rights hereunder, provided that such lender agrees not to disturb Lessee's quiet enjoyment under this lease as long as Lessee is not in default hereunder. ARTICLE XXIII SECURITY DEPOSIT Section 23.01. security Deposit. Lessors acknowledge receipt of the sum of $6,746.67 from Lessees to be held by Lessors in an interest bearing passbook savings account in an FDIC insured banking institution as security for the restoration of the Demised Premises upon Lessee's removal therefrom. Said sum and accrued interest shall be available for Lessors' use in making any repairs not performed by Lessee under the terms of this lease and to pay any Basic Rent or Additional Rent not paid by Lessee. Such deposit shall not reduce or limit Lessee's obligations hereunder, but shall provide at least some monetary security to Lessors against Lessee's non-fulfillment of obligations hereunder. The unexpended portion of said deposit and accrued interest, if any, shall be paid to Lessee within sixty (60) calendar days after surrender of possession of the Demised Premises to Lessors. ARTICLE XXIV ALTERATION OF PREMISES Section 24.01. Lessors' Obligation to Alter Premises. If not already completed prior to the execution of this Lease , i. , , -31- Agreement, LesSors covenant and agree to do and perform all of the matters set forth on a certain list or schedule attached hereto marked "Exhibit B" and incorporated herein by reference thereto prior to August 15, 1995, subject to Lessee's performance of its obligations under Section 24.02 hereinbelow. section 24.02. Lessee's Obligation to Alter premises. (a) Lessee shall provide at its sole cost and expense (without reimbursement from Lessors) the following items for installation by LessOrs under their obligation aforesaid: (1) Light fixtures required in the Main Show Room per part 2 subpart f. in Exhibit B. (2) Gas furnaces and air conditioning equipment acquired per part 3 subpart b. in Exhibit B. (3) pipes required per part 3 subpart e. in Exhibit B. Upon installation of the foregoing items, title thereto shall be deemed to become vested in Lessors without further documentation from Lessee. (b) Lessee shall provide and apply floor covering in the Rear self service Area (part 3 of Exhibit B) at its sole cost and expense (without reimbursement from LessOrs) . IN WITNESS WHEREOF, the parties have caused these presents -32- to be duly executed the day and year first written above. WITNESSED BY: (SEAL) ~./ ~Z;/U (SEAL) Huretta yen'fiir- RAUB SUPPLY COMPANY, INC. By_kAj I? /~d (Vlce) Presldent ATTEST: J~-:Jr;~l Secretary -33- EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Township of Silver spring, County of Cumberland and state of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of the Harrisburg- Carlisle Turnpike (U.S. Pennsylvania Highway Route No. 11), which point is on the westerly line of land of L. B. smith, formerly of Garland B. Pace; thence along the center line of said Harrisburg- carlisle Turnpike, North eighty-nine (69) degrees, sixteen (16) minutes West two hundred eighty-four and one-tenth (284.1) feet to a point on the center line of said Harrisburg-Carlisle Turnpike and the easterly line of Ray Garver; thence by the land of said Ray Garver, North fourteen (14) degrees, two (2) minutes East two hundred nineteen and fifty-two one-hundredths (219.52) feet to a post; thence by the same land North eighteen (18) degrees, fifty (50) minutes East one hundred eighty-seven and eighty-eight one-hundredths (187.88) feet to a stake; thence by the same land North twenty-two (22) degrees, fifty-nine (59) minutes West two hundred two and thirty-seven one-hundredths (202.37) feet to a tree; thence North sixty-nine (69) degrees, one (1) minute East Seventy-eight and sixty-four one-hundredths (78.64) feet to a point on the center line of a public road; thence continuing along the center line of said public road South thirty-two (32) degrees, forty-eight (48) minutes East two hundred seven and sixty-three one-hundredths (207.63) feet to a point; thence continuing along the center line of said public road South seventeen (17) degrees, ten (10) minutes East, two hundred seventeen and fifty-five one-hundredths (217.55) feet to a point; thence by land of said L. B. Smith, South twenty-six (26) minutes, East two hundred twenty-three and four-tenths (223.4) feet to a point on the center line of said Harrisburg- Carlisle Turnpike, the place of BEGINNING. EXCEPTING THEREFROM, HOWEVER, that portion of the within- described premises which was taken by the Commonwealth of Pennsylvania for highway purposes AND SUBJECT, HOWEVER, to the rights of the Municipal Authority of the Borough of Mechanicsburg acquired or to be acquired in and to such property. HAVING thereon erected a commercial building known and numbered as 6402 Carlisle Pike. . , . EXHIBIT "A" continued LEGAL DESCRIPTION BEING the same premises which Keith E. and Ronald E. Peifer by their deed dated April 5, 1979, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "J", Volume 28, Page 122, granted and conveyed unto Robert D. Yentzer and Muretta L. Yentzer, husband and wife, the Lessors herein. UNDER AND SUBJECT, nevertheless, to outfall sewer line easement and right-of-way as granted by the Lessors herein to Municipal Authority of the Borough of Mechanicsburg dated February 12, 1980, and recorded in the Recorder's Office aforesaid in Miscellaneous Record Book Volume 251, Page 465. l I t" . t ' -2- ~ \t) ~ lr.l i;; j5J ~ ... ll,;) _ i,3-:r: ~: i:i:: (.) :2' ) " :..~ f '-'1' ~?~ hJ '. ~~)!);?- t 11 [Bd5 o ,.... ,;;:Q,; Ol (1 ~ l ; t , , I , , i i , ! ..I ~ ~ ~ < 3:; i " ~s ~. ~~ d< ::Ii~~ olI!~~~ N~ Ill: ~6~ ~t::. ~ <~a;~ t::.~ ~ I . , ... -.. .', .. .. Plaintiff ) . . ) ROBIN RJ:CBARD REALTY ASSOCJ:ATBS, . . IN THE COURT OF COIIMON PLBAB CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-443 Equity CJ:VIL ACTION - IN EQ1T.ITY v. ) RAUB SUPPLY COMPANY, ) Defendant PRAECIPE Dear Prothonotary: Please reinstate the complaint filed to the above matter. Dated: March 4, 1997 (tilL r (jA William L. Adler, Esquire ADLER r. CLARAVAL 125 Locust Street P. O. Box 11933 Harrisburg, PA 17108 717-234-3289 Supreme Court ID It 39844 Attorney for Plaintiff SH":flIfV'c; r,,:rulw CAc;~: NU: 1')97-1004'13 P . ~ CIJMMUNWI':AI.TH IJF Pt::IINSYLVAIIIA: CUIJNTY UF CUMIlFflLAtlD - uu r OF CuU/IT'! flCCHAflD RUBIN fl~ALTY ASSUC I I , I VS. RAIJIJ SUPPLY C/J _R. Thomus Kl ine . Sher J.ff, who being duly sworn according to law, says, that he made a diligent search and J.nquiry for the within named defendant, to wit: flAUIJ SUPPI.Y CiJMPANY bul was unubln to locate Them J.n his baJ. liwick. Ifl? therefore dr:>put i zed the sher i, ff of I.ANCA~n;R CUUNTY tn serve the within CiJMPLAINT - ~WUITY County, Pennsylvania. On February 28th. 1 ':197 the attached return from , thJ.s office was in receipt of LANCASTER C/JUNTY County, Pennsylvania. SherJ.ff'a Costs: Docketing Out of County Surcharge LANCASTER COUNTY .00 9.00 .00 80.08 $e~.08 WILLIAM ADLER 0~/28/1997 So answer:y' -i ~;' ;-;;':;.:/. 4~" R. Thomas KIJ.ne. SherJ.ft Sworn and subscrJ.bed to before me this (. ~ day of 7/L<......JJ 1':1 "l7_ A. D, C); IJ '- ~Jthon'Wi'ry I JpLi' , ~ :~IILr.In's I;LIUrW OU'I /.II ,:'IJUtlTY C^S~: tlU: 1 '.I') 7 - ..1'-"\0] , f' CIJMMlItlWf:^'.TH UF r'UmSYLVMlIA: ClJlltHV I,IF CUMIJI,:IlLAtlD I I I RICHARD RUBIN R~ALTY ASSUC V5. RAIJIJ SUPPLY CU R. Thom~s Kline , Sheriff, who being duly sworn according to law, says. that he made a diligent search and inqu~ry for the within named defendant. to wit: RAUIJ ::iUPPI.Y CIJMPANY but was unable to locate d<?Jlutl;:ed the ::;heri.ff of Them in his bailiwick. lie therefore YURK CUUNTY County, Pennsylv~nia. t." GC'rv" t.he wlthin CIJMPI.AINT - ~:l.JUITY YiJRK CUUNTY County, recei.pt of Pennsylvania. Un Feb"J~ry 7.l3th. the attached return from t'J91 thi.s 01f~ce was in Shl?riff's Costs: Docketing (Jut of County Surcharge YORK COUNTY 18,00 9,00 2.00 31. 72 $bfl). /2 WILLIAM ADLER 02/28/1997 So an~w;rs:/ ,_ ,~, / ~-;:,' / (--,.of;/' ~~ . ....>-:-,n.'.....',.~-C.. RJ Ihomas Kllne, Sherlff Sworn and subscr~bed to before me this t. ~, rJ~y of lh~ Ie) '11 A.D. ~i!ujl r-ro~!~'~ ~ ' SHERIFF'S OFFICE 50 NORTH DUKE STREET, LANCASTEIl, PENN~YLVANlA 17602, (717) 299,8200 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS "" ... __ 01 ... IuI(No, PROCESS RECEIPT, and AFFIDAVIT OF RETURN 'I cop, 01 'No loom, _.. Iypo Of prlnI iagIlIy, 00 nac -. 1Ily_, 1 PLAINTJFFISI 2 COURT Nl1MBER Robin Richard Real ty Associates 97-443 Equity Term 3 D~~~~N~~pp 1 Y Compan y- m_ --- -, 4 d:Jf~ !~t O'kcg~~LA~~TERROGATORI~ SERVE { 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. Ere, TO OESERVEO'-------- I\!lDRES~u U"t "tWAIU' 14.-:r IIIIIIIil.. Raub Supply Company___ __________ REQUES-r.!:OR PROD. OF DOCUMNENTS~I) ... 6 AODRESS (Sln,e' d. RFD, ApMmenl No, C'Iy, Oom, Twp S'a1e Rnd ZIP Cooe, >i AT 301 West James Street. Lancaster, PA 17604-3020 7 INDICATE UNUSUAL SERVICE: COMMON OF PA X DEPUTIZE OTHER Cumberl and Now, Jan. 28. 19~iI-,I.SHERIFFOF~I!RCOUNTY,PA.'E~~~ pur the Shariff 01 -Lan~te'" County to execute this Writ an ~areo.!.asc~rd' . to law, This daputatlon being mada at the requast and risk of the plaintiff, '____ _ ~ '>~lAI-K....<;t[.c~ :=t 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: I ~ a tl>- C '" '" t" t< B NOTE ONLY APPUCABLE ON WRrr OF EXEcunON: N.B. WAIVER OF WATCHMAN. Any deputy sheriN leVYing upon or attachiOg.any property under within wnt may Icave samo WIthout a watchman. In cuslody 01 whomever is found in possossion, allot nolllYlng person ollovy OJ allachment;without liablIity on tho part of such deputy Of the shenlf 10 any plalnllll hertM lor any loss. doslructlon or removal 01 any such proper!)' befate sheritt'a sale lhe~. . iiI. SIGNATURE 01 ATIORNEY or other ORIGINATOR 10 TElEPHONE NUMBER 11. DATE CUMBERLAND CO SHERIFF PAID ADV. COSTS 234-3289 1-:27-97 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This aruRiUlib. completed II nollce I, 101M mllfed) WILLIAM L ADLER, ESQ. AT ADLER & CLARAVAL; 125 LOCUST ST., HARRISBURG PA 17!Ql SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS UN NAME of AuthOrized LeSe Deputy 01 Clerk 14. Dale Received 15. ExpIrallorJHearing date JUDY MORRIS 295 3609 1-29-97 2-26-97 13_ I acknowledge receipt 01 the Wfll.} or complalflt as IndlCaled above 16 I hereby CERTIFY and RETURN thai I have perSOnally served. heWo legal eVidence 01 service as shown In "Remarks-, have executed as shown in -Remarks., the Writ or Complainl desctlbod on Iho indIVIdual. camp.loy. corporahon. C1c. at the address shown abo\le or on the individual, company, cor- porallon, otc_, at the addross Inserted below by handmg a TRUE and ATIESTED COPY lhereor. 17. I hereby certIfy and return a NOT FOUND because I am unable 10 locato the IndiVidual, company. corporation, elc., named abo\le. (See remartg bebw) '9 NRm. Rnd !'''e 01 ,nd,,,duRI se...od (., no' shown .00,., IRel.!,onsh,p!o Do!end,1nl' 19, A....... 01 ..- . and _ 1Nn1niltna.~..dIfencIanr...... p&act of Ibcdt. 21. Date of SeMce 22, Tine 20. Address 01 where served (complete only II dllfcrenllhan shown above) (Streot or RFO. Apartmenl NO , City, Bora. Twp Stare and lip Code) 23, ATTEMPTS ;1 r; j.i I'),,:: .. ~ ~(""'" '~,-: "( 'I';:;>;'-~: ",'.~',t_~,:, ~::-'~S : -I" '-" f:{ , " I~: . I ;.' I ' 24. Advance Costs 89285 30. REMARKS: 100.00 HOllE() 78.50 7b 3001 STA: :\4, I ,L ','-" 31. AFFIRMED a 37, Prolhonolary MY COMMISSION EXPIRES 38, I ACKNOWLEOGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1390e1e~ leso" 1 . ll~n Am&nded 1993 , ISSUING JlllTHORITv .,.... '.. - Cl C') f-,: ~ 0..' /JJ UJ~ ~ ~ c. - (/)0 IJ..1 0\ 'r.J '.... 0 C\.I u...' _r.J IJ..1 :z: o::z: D: ~ UJ~ , ::t:-.J ,... (/) 0\ ~.."v ...~... .' -:. , " \ . . . " '.-OUIi' 'Robin ~ichard Realty ^ssociates 'is. Raub Supply Company )le. 97-441 EqUity T~rm .~ .-- ~ow. Feb. 7, 1997 :9_ !. S:~~';" 0: C~G::'=.!..}_'ID CO~i{':'~, ?~- e~ ...--- ..:-..:-- ... ---1 --..- -.:: .:::.::;;_ oi York Cwc.::-r ::) :::::-.::.: = '.V:::. ~ . .' . :..:?\:=:...~ ':.'-~ -~..- - 1t == :-==:.=c :::i ::.2 ot ~: ?!~=. A5d~Yit or S::'"Ti~ ~OW, ~9 .. c'de:.: "t .-- -- .-0..- :: wi.:.:., '~;:C11 .. "::' =cll:; :::l 3- ~-:-! ot = ::'",,::::1 ,- ::ci =-= !covr.1 ;:) :.:.: .:::::::: .___f' ------ So 3.:...~=-_ .....-- ci 0::IU:=1. ::.. =::.:i1_Q:~: to .-- CCSTI ::.::..,,'V1C:::: ~CI!.Z.'.GE s sw::: ::c r..::-"",::C: be:~ .J...: : UJr:.i-rr ~-_. s f_ "--a . . ~ : i ~ :. fl! _ I 1_':1; Y " , I , l ,\':1 W.l: 1; I'I? '_';\,.1 Ii ~ (11I1r.lni~rA1.I':1 Iii, r'r:IIII:,',,'/'\IIJ;': 1-'1 Jl Jlj j 'j ! It.' I:Utl Hl.;r~ 1..'\ N r: n i l"H^r.IJ hIli: I ti 1\1.,;\1 ;"'J" ,,' ", 1)1- v ~!. I1AUH SUI'I'LY ell +'0 1 a....., S<1Ys, that . C:,h,?r1ff. IIho 1>"'1ng duly sllorn according he m~de a ~lllgent search and 1nqulry for the lIithin _Il. ftJ'1mOl"' 1\11n(' n~]ml?d defendant. to Wlt: r,A'Jfi SUf'I'I.Y CiJMf'ANY but was un~bl~ to locale The>," in hlS bal1illlCk. He therefore d011lJtl~ed the sherlff oi ',ANC~Sr1.R CUUNTY County. Pennsylvania. t.o> EE'fVE' the 1I1th1n CClMf'LAUl'I' - t:IJUITY the 3tt~ched return from LANIT^~;Tt::t': CtJUtlTY County, receipt of Pennsylvania. Un M3rch 11th, 1')':17 thlG olfice lias in !) rll",;l-; " I , nq (lid. ni Cc.vrlt:y ~':urr.'h'3rq"2 i MI':^';l Ch ,ourlTY IH. t'l' 9.00 .:. e,0 8(:', Of!, 1';0 an::;w~rs: /' I ,;. ~/ 1" ........... ~!nl~:ma's /..~ $/,~ / //-~ ,~....... ,/" 7 1\11n€', :o,her1.11 Shrrlit's Costs: ~n'ir;;()8 WILLlAtl Alll EB l'1]/17/1'?97 :~W'\lrI\ :lnd E\lb:~("rlt>~d t.li br.Jor(-' me *" t.lllS ;..0- 11ay ("If ~___ 1" q 7 A. ['. _0~~(c21i' ~/~~~-'-- ~f--"-l"'r(ll. OO,}t.dlO'l SHERIFF'S OFFICE " . 50 NORTH DUKE STREET, LANCASTER. PENNSYLVANIA 17602 , 17171299,6200 SHERIFF SERVICE PROCESS RECEtPT, and AFFIDAVIT OF RETURN I, Pl.l<lNTIFflSl Robln Richard Realty Associates --~~---..----- INSTRUCTIONS FOR SERVICE OF PROCESS on lhI ,.....,.. of 1hI1I11 (No. 5) copy 01 lhit 101m PI.... type or pnnl ~ibtv. 00 not delach any copIoI. SERVE { 5, NAME OF INDIVIOUAL, COMPANY, CO~PORATlON, ETC, TO aE SElWED ...... Raub Supply Company _,____,____.._,_,,_ ...",. 6 ADDRESS ISlrool or RFO. Apartmont No , City. Bora. Twp , Slalo ilnd ZIP Co<lol AT 301 West James St., Lancaster, PA l7604-3020 7. INDICATE UNUSUAL SERVICE: COMMON OF PA X DEPUTIZE - OTHER C.urri6~e.rl-a-nd' -_.._._~---+-----_. Now, Mar. 4 199--'L-- , I, SHERIFF OF ~m!=I(. COUNTY,-PA. do h~)~~~iza the Sheriff of --1.ancas.tllr County to executa this Writ ~,!l tha'1lD~a~c . to law, This depulallon baing mada at the request and risk of the plaintiff, _______ ____, ___,_ : ~ "",1IffOf L,U/CA"',II(OuIlIY _~ 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEOITlNG SEAVICE:----- ~--..--- Cumberland County originally deputized your office to serve this Complaint ~ in February. Your office sent a Not Found return to Cumberland County. ~ Since then Atty. Adler spoke with a Deputy from Lancaster County who advised ~ the deft. is located at above address in Lancaster County. If you have any n questions, please contact Atty. Adler at 717-234-3269. 0 , '_____]_ :~~:~~:~l-:~~;R:~~p.:;rm camp alnt ect. 3: ",' -- --4I'REQ-FOR-PROD-OP-DOOlh-&---:ri- INTERROGATORIES (4) n '" ----;>I >-l 3, DffENQANTISI Raub Supply Company ~ :ii NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN. Any dcpJti ShOflff lovymg upon or anaching any property under within writ may loave same Without a watchman, In custody 01 whomever IS lound In possession. alter nolitYlng person ollovy Of attachmen!. without liability on the part 01 such doputy or tho shenllto any plamhll herem lor any loss. d051ruelion or removal 01 any such property belOfo shenlfs sale thereof. 9. SIGNATURE 01 AnORNEY Of other ORIQINATOA 10 TElEPHONE NUMBER 11. DATE mXHIHXHXCUMBERLAND CO SHERIFFS OFFICE PO ADV COSTS 234-32B9 3-4-97 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS SELOW: (Thll .rea mUlt be completed It noUeel1 10 be milled) WILLIAM F ADLER, ESQ. AT ADLER & CLARAVAL; 125 LOCUST ST., POBOX 11933; HARRISBURG, PA 1710B-1933 ,} NAME 01 Authoflled LCSD Deputy Of Clerk 14 Date Received 13 I acknowledge receipt 0 tho Writ or compl.,n, as ,nd'calcd aOO,o JllDL.MORRIS_29~609_ _ 3-6-97 4-3-97 16 I hereby CERTIFY and RETURN that I have personally sllfvcd. have leg;l! eVIdence 01 service as shown In 'Remarks', have ellocutoo as shown in -Remarks'. tho Wflt or complamt descflbed on Iho IndiVidual, com a ,eorporalion. ote. .11 Iho a<J<lress shown abovo or on Iho individual, company. cor. poratlon, ete . attllo address inserted below by handing a TRUE and AnESTED COPY thereof. SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS UNE ' 15. ExpiratiOnlHeaOng date named nbove. (See remarkl below) 19 A porlOO 01 ~ 101I and dlKrtbon =- ~~. In the deltndanrl usual ,Clly. BOlO, Twp 21. Dale 01 Service 22. TIme 3-\\-<\'1 t\~~ - PM EST - 23 ATTEMPTS Oil, OIp.lnt. 24. Advance Costs RB9750 30 REMARKS, 100.00 STA, ok. ,$4''1 allz.I'17 31. AFFIRMED and subSCnbed tJ beforo rl':') lhl$ ..Jc,2 ~ : da~ ~J:::d . _-.~IJJ , P'''''"no,,~ MY COMMISSION EXPIRES 38. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 39. 0... ReceIved M 0 If) ~ 0:, 0...,(, W l.J 0.. > :1: Cl . ... ,no LtJ . u <D '.L- e' I u_~3 --.. IJ.I 0: r:x=.- .a ILl <l: CC ::c :x:..J r- ,n C7\ . ; . '- , / .-. ~ , '. " . ~ "!. ,..{, " ";.t~f'~ 'to '0', d' F';" . :':;"~~.' \ . \"\ .l.~~-t' '. I " '. '.\l.;;_:~'!.o" ,._~ ~ ~ j' , ..,j:,~, '" ~ l"'- "- ~ QI >- ~ In ,:;; ,J_ !:2 co.} ~ g\.! I.);;; (5" .:r: ~.J::..... ::I. . ~c ':l;::; F- _,.~ C\ ,... :(,~ ~f{ - ~<2 -~i C.; ;tifiJ c,_ .110:; ..: -.x .... l3 ~ a CJi ,.J bo.. ~~ '" '<) ~~ ~@) ~... . , . . ADLER & CLARA VAL LOUIS J. ADLER ROBERT F. CLARA VAL WILLIAM L. ADLER CRAIG I. ADLER' 'ALSO ADha'n1:D TO PRACTICE IN :ou ,11iORNEYS ,IT LAW 125 LOCUST STREET P.O. BOX 1J933 IIARRISDURG. PENNSYLVANIA 1710H.1933 TELEPHONE (717) lJ0I-3289 FAX (717) lJ~.1670 :April 1,1997 LEWIS F. ADLER fI'J4.IHA) DA V/D S. KOlIN II~ KOliN AND ADLER II""'"", KOlIN, ADLER '" ADLER 11900-,,,,, OF COUNSEL T1MOTlIY F. MCHOI..SON Raub SUpply Co. c/o Mr. Robert Halbleib 301 West James St. Lancaster, PA 17604-3020 Re: Robin Richard Realty v. Raub SUpply Dear Mr. Halbleib: Enclosed please find a ten day notice concerning the pending litigation against Raub SUpply. WLA Enclosure cc: M. Richard Kleiman V7:l~u~x,Yours/} ;j~/.: t vJl,,,,- l./ CI~ Wil11am ~Adler , ,p TA VI, E TE, ~~~', ~~',{',~g~f.."r.~~"-r:.~:~~:::NA TlONAL MAIL. OO'S NOT R.ClhrtcfF,orn: L); I/,' 07 L.. j :'cI1e r ~~ 12.5" LcrUAt 0,i~./;- = No,,-,/J.6u PIl / l /0/ At"" '" hire In IfIlTlPl or m't., po.r.g, and pO" milt. InquJ,. 01 Po.tIn..,., lOt curren, I... CPO : 1993 0 - 151-051 i , .' /' / / i I '\ I , I I I 1 i ! ROBIN RICHARD REALTY ) IN THE COURT OP COMMON PLEAS ASSOCIATES, : CUMBERLAND COUNTY, PENNSYLVANIA plaintiff ) NO. 97-443 Bquity Term S 1997 v. ) CIVIL ACTION - IN BQUITY RAUB SUPPLY COMPANY, ) Defendant IMPORTANT NOTICB TO: RAUB SUPPLY COMPANY, Defendant DATE OF NOTICE: APRIL 1, 1997 YOU ARE IN DBPAULT BBCAUSB YOU HAVE PAJ:LBD TO TAItE ACTION REQUIRED OP YOU IN THIS CASB. UNLBSS YOU ACT WITHIN TEN (10) DAYS PROM THE DATE OP THIS NOTICB, A JUDGMENT MAY BB BNTBRBD AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR O:a;UAA IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPBR TO YOUR LAWYER AT ONCB. IP YOU DO NOT HAVE A LAWYER OR CANNOT AFPORD ONE, GO TO OR TELBPHONE THE OPPICB SET PORTH BELOW TO PIND OUT WHERE YOU CAN GET LBGAL HELP. PROTHONOTARY'S OPPICB CUMBBRLAND COUNTY COURT HOUSB 1 COURTHOUSB SQUARE CARLISLB, PA 17013-3387 I hereby certify that the following is the address of the Defendants stated in the certificate of residence: 301 West James Lancaster, PA St. 17604-3020 . ~., A /~' ",'" 7A,., ~ .1, v f. t2t ~ william L. Adler, Esquire Attorney for plaintiff ADLER &: CLARAVAL 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108 (717) 234-3289 Attorney's I.D. No.: 39844 ~ C'J r- c ~ .. ,:J~ r I7l o~ ~ t)~ ,l :;9: ~~ r,: ..;.~ ~ r- ' :5~ "" r~ ~' 0.: .. a.. oe.: j l5 ~ u " . . l ,', . ; Sl ..:I e ~ 5 ~ ~!I~I~!! olI!~~~~~~ ~Q~ t::.~ ti lllQ." ... ..:I C( ~ ~ ,'" ";':-,.,,::'l: . \~'>~;:~<:>;;':. "'.' , . ROBIN RICHARD REALTY ) IN THE COURT OP COMMON PLEAS ASSOCIATES. CUMBBRLAND COUNTY. PENNSYLVANIA Plaintiff ) NO. 97-443 Bquity v. . CIVIL ACTION - IN BQUITY . RAUB SUPPLY COMPANY , ) Defendant PETITION FOR ENTRY OF FINAL DECREE AND NOW comes the Plaintiff, Robin Richard Realty Associates, by and through its attorneys, ADLER & CLARAVAL, and respectfully represents as follows in support of this Petition: 1. This is a petition for assessment of damages and relief. 2. Plaintiff filed a complaint in equity on January 27, 1997 against Defendant. 3. Said complaint together with a notice to defend was served on Defendant on March 11, 1997. 4. No response to the complaint was filed within 20 days of service of the complaint. 5. A ten day notice was sent to Defendant in accordance with PARCP 237.1. 6. No response to the complaint was filed as of April 16. 1997. 7. A judgment was entered against Defendant on April 17. 1997. 8. Defendant has abandoned the premises and given possession back to Plaintiff. 9. Plaintiff has been able to rent the premises to another party.