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Home My WebLink About97-03643 LAW OFFICES or MARKIAN R. SLOBODIAN PO UOX 11007 513 NORTH SECOND STREET HARRISUURG. PA 171081007 (717) 232 5160 FAX 1717) 232 6528 February 12, 1995 Stephen Bloom, Esq, 10 E. High Street Carlisle, PA 17013 Patricia Brown, Esq, 4 Liberty Ave. Carlisle, PA 17013 Bruce Foreman, Esq. 3207 N, Front St. Harrisburg, PA 17110 Re: Family Health Council v, Norm K. A. Hoffer, et al Case No, 97-3643 Dear Counselors: This will confirnl that the arbitration hearing scheduled in the above-captioned mailer for Wednesday, February 18, 1998, at 9:00 a,m, has been continued generally, pending additional discovery, I will relist this matter for arbitration afler discovery has been completed. Very truly yours, ~,,/'-.- Markian R. Slobodian cc: Harold S. Irwin, Ill, Chairman Norman K. A. Hoffer FAMILY HEALTH COUNCIL OF CENTRAL PENNSYLVANIA, INC.,: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 97-3643 NORM K.A. HOFFER and 1017 ASSOCIATES, CIVIL ACTION - LAW Defendants DEFENDANTS' ANSWER TO PLAINTIFF'S MOTION TO COMPEL RESPONSE NOW COME Defendants, Norman K.A. Hoffer and 1017 Associates, by their attorney, Markian R. Slobodian, Esquire, and make the following response to Plaintiff's Motion to Compel Response to Interrogatories or for Sanctions for Failure to Respond to written interrogatories: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. Defendants admit that they have not filed a formal response to the interrogatories issued by Plaintiff. Defendants deny, however, that Plaintiff has received no response to the interrogatories. By way of further answer, on or about October 31, 1997, Defendants delivered to Plaintiff's counsel a set of color photographs and correspondence delineating various damages to the premises which Plaintiff had previously leased from Defendant 1017 Associates. 4. Admitted in part and denied in part. Defendants admit that on or about October 6, 1997, counsel for Plaintiff wrote a letter to Defendants' counsel, a true and correct copy of which is attached to the Motion to Compel Response 8S Exhibit "A". , ' FAMILY HEALTH COUNCIL OF CENTRAL PENNSYLVANIA, INC. , Plaintiff III TilE COUR'l' 01" C01'U.,011 PLEhS 01" CUl'!I3ERLhI'lD COUU'l'Y, PElJljSYLVhlHh v. CIVIL ACTIOd - LAII NORM K. A. HOFFER and 1017 ASSOCIATES, Defendants NO. 97-3643 CIVIL TERl'! ORDER OF COURT AND NOW, this ? 1~ day or November, 1997, uflon coasid",:Ca.t:ion of Plaintiff's Motion to Compel Response, a Rule is hereby issu~d upon Defendant to show cause \Ihy the relier requested should not be granted. RULE RETURNABLE within 20 da.ys OI service. BY 'l'HE COURT, "" // .j Bruce D. Foreman, Esq. 3207 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Markian R. Slobodian, Esq. P.O. Box 11967 Harrisburg, PA 17108-1967 Attorney for Defendant (l1''' ",. ()',~,lcl 1/ /'3fc;? . I .....!.o' :rc . ,'" I ~ '.' ,,' .'~ . .j" "',' .' :'.J . :-.1 ~ !. (.. < H Ul~ Z ~ , S~ < ;: 0 '" - ... r...Z Ul ""Ul ~ w 0( W OH Z Z ;...: II: Z 0 ~&'i Cl:: Iii ~ o-l "" ,,0 H< 't:l Ul 2"" ... '-' c;; >- OH a " ~ g.. z en M s~t: +' 0 0 Z en ~ .a 0:>< ~r<l II: z "' O~'rl o-l E-< :;. "- W M N oo-l+' Ul't:l '" r...z j ~ tIl 1: 0- f':' :><<: . '" <: ~ 0::> ~ ... ci ::x:: CI1 oM :- r...E-<" 0 I II: E Hffi'" 0<.... 0 HO Z - 0 II: o-l .-i ~H " 0 ..: (V') 0 ,.... z ::> ~",,"" 00 ::>0 -" H ... en ,0 0 ~~ '" H :c 1> en <Ul E-< (V') 0 U N iI' o-l .Ul I < - M II: ::Ji? ""< z r- Z 0( 0 ~[iJ 0'0 o-l 1: HH ~~ H H ~ffi E-< ...' > 00 0 zS 0 H ~, 0 z~ :-: HU z 0 '\11 III II \' ..\ 1411;1 \1 \'\ . .. 6, Pursuanltu PA R.C,P. 401'1, Pclitioner rcspeellillly requests that the Cuurt issuc an Order requirin~ immcdiate answers to Inlerro~atories or imposin~ punishment lilr contempt under PA R,C.P, 40 I '1(4), requirin~ the Delcndal1l to pay rcasonahlc cxpcnses of Petitioncr, includin~ atturncy's Ices incurrcd in ohtaining sanctions and attemptin~ toohtain discovery and such uther Order as thc Court decms appropriate, Respectfully submitted, NICIIOI.AS AND FOREMAN By BRUCE D. I lRl: UIRE 3207 North Front Strect lIarrishurg. P A 17110 (717) 2}6-9}91 Atturney ID #211 'I} Attorney li'r Plaintiff no obligations to Plaintiff in connection with the Commercial Lease Agreement. 4. Denied. Paragraph 24 of the Commercial Lease is a written document which speaks for itself. Any summary or characterization of the terms of paragraph 24 of the Commercial Lease is, accordingly, denied. 5. Denied. Defendants deny the allegation that Plaintiff has performed all of its responsibilities, covenants, conditions and obligations under the Commercial Lease. Defendants further deny the allegation that Plaintiff properly returned the leased premises to Defendants at the end of the lease term. By way of further answer, Defendant has defaulted on its obligations under the Commercial Lease by committing waste, damage, or injury to the space, and by failing to restore the space to the same condition in which it was at the commencement of the lease term. In addition, pursuant to paragraph 9 of the Commercial Lease, the costs of such restoration shall be treated as additional rent due and owing under the terms of the Commercial Lease. Plaintiff has further failed to satisfy the terms and covenants of the agreement by failing to pay the additional rent. 6. Admitted in part and denied in part. Defendants admit that Plaintiff has requested return of its security deposit. Defendants further admit that Defendant 1017 Associates has not returned the security deposit. Defendants deny any inference that plaintiff is entitled to the return of the security deposit or any portion thereof. By way of further answer, pursuant to 2 paragraph 24 of the Commercial Lease, as a result of Plaintiff's failure to completely satisfy any/and all terms and covenants of the Commercial Lease, Plaintiff has forfeited any and all interest which it may have had in the security deposit to Defendant 1017 Associates. WHEREFORE, Defendants, Norman K. A. Hoffer and 1017 Associates request that this Court enter judgment in their favor and against the Plaintiff in this action. Respectfully submitted, ~ ,{{A- MARXIAN R. SLOBODIAN, ESQ. 1.D. No. 41075 513 North Second Street P.O. Box 11967 Harrisburg, PA 17108-1967 (717) 232-5180 Attorney for Defendants Dated: a.... ~.,..A ~/. , 1997 3 >- r-. (.: "" -:1 .,: ;? t-- ~~ .~< l1JS.? <-'1< ': r.: ~; 0.. IL ,", j -, C,;.~. - ''-J , . , (" r' -" "" l!. ., . L::l' Cr: , . 'Cl I ~. U r- :..:J C ,,' U ""_or ~ ~~~'i:" FAMILY HEALTH COUNCIL OF CENTRAL PENNSYLVANIA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-3643 NORM K.A. HOFFER and 1017 ASSOCIATES, Defendants CIVIL ACTION. LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, BRUCE D. FOREMAN. ESQUIRE, who, being duly sworn according to law. deposes and says that: On August 4, 1997, I forwarded by mail, a 10-Day Notice to the said Defendant, Norm Hoffer, at 1017 Associates. 110 Sunset Avenue, Harrisburg, Pennsylvania 17112-0000 ,---) ''J ~ / BRUCED. ~, QUIRE' Sworn to and subscribed before me this 4th day of August. 1997, .%t;:Z--;1J. L/L ., Notary Public My Commission Expires: [ Sl(V~- 1~~:^~6~}S~~~I~ryr'uhl'C I C",' "'.'.' ; .J~\J Diluptl ,-,>,'lTV I "'J' ,.., _:": 1 [~r:ros Sal ~ :':1: 1999 ':11 :" :!!' :r:i I' ,,, : ~ r ,i I "I" [', II "ll~:tlfln\>li.~I' (~l Ill' i'f"tJIJ j'(i V:\tSlf,: f'lli!rJT'f' Ill-' 1~llMH1"i:r,.~\rJi t-',\M Il,'r IlFfll.T[i (U1JN I d" I"~,!n 1,'/.. -.-.- V~" HI n:i.'l;t~ !l11;;~M ~, I": A 1~ . " -~. !'hnfll::1S 1\11 rlf' :.~h.:o'r"}1.1. ....h..:. 1'02111..;1 'July 3\ilJrn a,:cc'rdlfll) t ':' la...... S3i'~. t.h,Oi._ h.:o rl1::jdo? :J ::11 ~':";:P?llt ;,:,'':":J:-':h -3nd .l.n<t',llry fr_'r the ....l.thlfl n.:Jmed rj'?fend3nt:. t ':0 W.l.t: : {I I"'\"! f,: "11,11; ~1 '1111 ....::1:: ~)~l;]h :11;-:; ~r; r,:::z' !:~,,;.l~'WIC';":. ., C, i C11: ~:j t" ,;;.- lie tLf.'r,:'lu;",-- dr:>I',ut, -e l, ! !; : i : ~ i t" ~ 1! : ~ l r .. ",Jn~.y. f'~.rln~".'l'.J~r,l~. t h ::.h~>,lf:: ~.~ t" hp ....] t h 1 r. C!_l~H'i A : ~i :' r'" " r.l r~ ~ 'Y .. ~..:- 1:, : "": 11 t ': i . ~1 :.. .::: '.: ~'l ,.;: ,~" "j':',' 1 t '"'I. t I: i: ,:.I.lnt :;. r~r,ri.:;:: 1 '.'.jnl~. ,i: '! ~ , .:;' ~ :)::-., f r "fi' .\11' ,i 1'"::, II r n ., '_"I 1 . ,.......,...~/ ~A'2' . ~~4~~d;-~rH._- . , I "..'~' ". ~ ., r.' . ,_, ,'_' 1 l,~ A ~ ' t- ., rL~ ~ I il . -, f ,'-,r: :, I' ':: ~1:J r.:: .;:. >,;l.'ll~! ~i -'~'I;r...l~;: ...-.-,.---,----:- " ,-- 'jlr_" t, . , I' ,.." ,',1_ ':\0> .' .' ; " .. / i ~ ,. .; L ql.-C7 '-1"']'-'-, c '> k,:,' ~,- ,":P', '. Office of the Sheriff Mary Jane Snydm Iloul '- 'ilnll. l){Jpuly Ralph G. McAlhster Chiol [JoolJl..,. Mlchae' W. Rinehart f\!:!;islur.t Ch,&I Doputy William T. Tully ~;CII(:I' ~II (Jf1l.Wh~ CourLlv l'llfri~,bwg, "'nn5~1~'llr;:l -:,' '01 (/~ I j i'f:b-?j.jO J. R. Lotwick Shs,iff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SHERIFF'S RETURN No. 1522-T - - -97 OTHER COUNTY NO, 97-3643 AND NOW: July 10, 1997 at 9:32A~1 served the within CO~IPLAINT & NOTICE upon 1017 ASSOC, by personally handing to.,\. LEE HOFFER - BROTHER 1 true attested copy(iesJ of the or iginal COMPLAINT & NOTICE and making known to him/her the contents thereof a;: 110 SUNSET AVE, HARRISBURG, PA 17112-0000 Sworn and subscrib~d to oj _befrre :ne this lOTf~ay of JULY, 0{~f:"/l/: ! i ,d1 1-/_). . " I ! ,ltJ.l.vV PllDTHONOTARY 1997 S(lf~ ~~riff of Dauphin County, Pa. B(I~V:~- T. R-~ DFPUTY SHERIFF Sheritf's Costs: $~6.50 PD 07/09/97 RCPT NO 097576 ......R , \v "-/ , , '- , c. t: \ ::- .,:-; ~ ~ ". , - L ' - ~~ '. . ~ 51 < I;:; (: - "" W .. W II: Z a: Iii ~ "'0 :.J a; tl'- ... ~ Z M *~ 0 Z '" J, II: Z M U. W '" ~~ :z: 0- " Ii: ci E -',.J 0 II: 0 Z ::> lD ::: ~ If) U ii' - M II: Z .. :z: . .. "\ II 11111 \'-. ., I 111.'1 \1 \"\ . .;... ':. -, " ,> -, -""' " '" V) <. . , FAMILY HEALTH COUNCIL OF CENTRAL PENNSYLVANIA, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 17- ."l(' '13 C<.~.~e Tf'-- NORM K. A. HOFFER and 1017 ASSOCIATES, Defendants Respectfully submitted, : CNILACfION - LAW NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You 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 or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse, 4th Floor 1 Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 NichOj} Forrt2 Bv; I ~ ---------- . , Bruce D. Foreman, Esquire 3207 North Front Street Hamsburg, Pennsylvania 17110 (717) 236-9391 Supreme CourtlD # 21193 6, Plaintiff has requested and demanded return of its security deposit but, despite repeated demands for the same, Defendant has failed to return the same or make any explanation for the failure to do so, WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in the sum of Six Thousand Three Hundred Five and 66/100 ($6,305,66) Dollars together with courl costs and interest. Respectfully submitted, By: Bruce . Foreman, Es uire Attorney ID #21193 3207 North Front Street Harrisburg, PA 17110 (717)236-9391 Attorneys for Plaintiff, Family Health Council of Central Pennsylvania VERIFICATION I verify that the slatements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: tj; t 171 I ,. COMMERCIAL LEASE 1. PARTIES This Agreement of Lease, made this eighteenth (18) day of February, 1994. between 1017 ASSOCIATES, Owner, 110 Sunset Avenue, Harrisburg, PA 17112, to be known as "Lessor", and FAMILY HEALTH COUNCIL OF CENTRAL PENNSYLVANIA, INC" now or formerly of 1017 Mumma Road, Suite 101, Worrnleysburg, P A 17043, to be known as "Lessee." 2. PREMISES Witnesseth, that Lessor, in consideration of the rents nnd covenants hereinafter mentioned, does dcmise and lease unto lessce, all that certain space of approximately five.thousand, four. hundred, forty. four square feet (5,444 SF), known as Suite 101, in the building situate 1017 Mumma Road, Worrnleysburg, PA 17043, to be used for general office purposes (the "Space"), 3. TERM To have and to hold, unto Lessee, subject to the conditions of this Agreement for a three (3) year term beginning on the first (I) day of April, 1994, and ending on the thirty-first (31) day of March, 1997. 4. RENT, OPERATING EXPENSE & REFINISHING COST REIMBURSEMENT In consideration of which. Lessee agrees to pay to Lessor for the use of Ihe Space, the sums as follows representing rent payments, operating expense reimbursements and refinishing cost reimbursements: (A) Rent in the amount of thirty-seven thousand. two-hundred, thirty,six Dollars ($37,236.00) payable in twelve (\2) monlhly installmcnts of three. thousand, one- hundred,lhree Dollars ($3.103.00) for the period beginning on the first (I) day of April, 1994, and ending on the thirty.first (31) day of March, 1995: and Operating Expense and Refinishing Cost Reimbursemcnts in the amount of thirty-thousand, five-hundred, twenty-eight Dollars ($30,528,00) payable in twelve (12) monthly installments of two,thousand, five,hundred, forty-four Dollars ($2,544.00) for the period beginning on the first (I) day of April, 1994, and ending on the thirty-first (31) day of March, 1995, (B) Rent in the amount of lhiny-eight thousand, finy-t\\'o Dollars ($38,052.00) payable in twelve (12) monthly installments of three-thousand, one-hundred, seventy,one Dollars ($3,171.00) for the pcriod beginning on the first (I) day of April, 1995, and ending on lhe thirty-first (31) day of March, 1996; and Opcraling Expense and Refinishing Cost Reimbursements in the amount of thirty-one thousand, eight- hundred, eighty, four DoBars ($3I,RR-l.IXI) payable in twelve (12) monthly installments of two-thousand, six-hundred, fiftv.seven Dollars ($2,657.00) for the period beginning on the fim (I) day of April, 1995, and ending on the thirty. firs! (31) day of March, 1996. (C) Rent in thc amount of lhirty-cight thousand, cight.hundrcd, cighty ()llllars ($3R,RRO.OO) pavable int\\ehe (12\ mOl1lhly installments of three.thousand, tw()- I ~\IIIJll '1' ",\" hundred, forty Dollars ($3,240,00) for the period beginning on the first (1) day of April, 1996, and ending on the thirty,first (31) day of March, 1997; and Operating Expense and Refinishing Cost Reimbursements in the amount of thirty-three thousand, two.hundred, forty Dollars ($33,240,(JO) payable in twelve (12) monthly installments of two. thousand, seven-hundred, seventy Dollars ($2,770.00) for the period beginning on the first (I) day of April, 1996, and ending on the thirty-first (31) day of March, 1997. (D) All payments payable in advance, on the first day of each calendar month during the term. Checks should be made payable to "1017 Associates," In order to simplify the bookkeeping, Lessee may follow the payment schedule below which merely combines the two (2) different items outlined in the schedule above. Payment, in the amounts shown below, will include both the scheduled rent payment and the operating e,~pense and refinishing cost reimbursements outlined above. Note that Lessee is not responsible for both the schedule outlined above and the schedule to follow. The purpose for the following schedule is only to add together the separate categories and facilitate the payment of the total with one (I) check. (A) Sixty.seven thousand, seven-hundred, sixly,fouT Dollars ($67,764,00) payable in twelve (12) monthly installments of five-thousand, six,hundred, forty,seven Dollars ($5,647.00) for the period beginning on the first (I) day of April, 1994, and ending on the thirty-first (31) day of March, 1995, (8) Sixty-nine thousand, nine-hundred, thirty.six Dollars ($69,936.00) payable in twelve (12) monthly installments of five-thousand, eight-hundred, twenty-eight Dollars ($5,828.00) for the period beginning on the first (I) day of April, 1995, and ending on the thirty-first (31) day of March, 1996, (C) Seventy.two thousand, one-hundred, twenty Dollars ($72,120.00) payable in twelve (12) monthly installments of six-thousand, ten Dollars ($6,010.00) for the period beginning on the first (I) day of April. 1996, and ending on the thirty. first (31) day of March, 1"97. ( D) All payments payable in advance, on the fust day of each calendar month during the term. Checks should be made payable to "1017 Associates," 5. LATE CHARGE Any rent not received at Lessor's principal office within seven (7) days of its due date shall be subject to a five percent (5%) late charge, Payments, when recei\"ed by Lessor, shall be applied first to delinquent renlS and late charges, if any. 6. PLACE OF PAYMENT The rent reserved shall be promptly paid on the several times specified herein without deduction or abatement, unless hereinafter provided to the contrary, at the principal office of Lessor, located at 110 Sunset A venue, Harrishurg. PA 17112, or such other address as Lessor may from time to time designate in writing. . 7. HOLDING OVER AS RENEWAL A hold over bv Lessee t'oevond the ternl of this Lease or anv hereinbcfOle dulv authorized additional ten;', or failure'()f I.essee to give nOlice of its intention tn vacate Ihe Space at the end of such term at least one. hundred and t\\ enty (12!)) days prior tn such end of tern,. , shall, at the option of Lessor, be deemed a renewal of this Lease on a year-to. year basis, wilh the renewal being under and subject to all provisions contained in this Lease; Provided, however, that such renewal shall be at the rental rate commensurate to the Spacc at time of renewal. 8. SERVICES (A) Lcssor agrees to provide thc following services: standard electric (for lights, outlets, air-conditioning and heating), water, sewer renlal, real cstatc taxes, insurance, building, f/V AC equipment, common area, and landscape maintenanccs, common area and intcrior suite janitorial and snow removal. If the Lessec desires to introduce call boxes, telegraph, or lelephone wires and instruments, the Lessor will place or dircctthe placing of same as to where, and how, and to what extent they are to be placed, and without such direction, no boring or cutting for wires will be permilled, The attaching of wires to the outside of the building is absolutely prohibited, No attachment shall be made to the electrical system or to the building for the running of electric fans or motors, for storing of electricity, or for any other purposes without the written consent of the Lessor, Further, the electricity supplied to the demised premises shall not be used for any other purpose than lighting fluorescent lamps (lamps to be replaced by Lessor), typewriters, adding machines, duplicators and calculators, letter opencrs, postage machines, electric clocks, letter folders, addressographs, mimeograph rnachines, dictating equipment. personal computers, and other equipment involved in the designated business area of Lessee that will not require an unusual amount of electricity, without the written conscnt of the Lessor, 9, NEGATIVE COVENANTS OF LESSEE (A) WASTE, DAMAGE, OR INJURY TO PREMISES; RESTORATION No waste, damage or injury to the Space shall be commilled, and at the cnd of the term the Space shall be restored, at thc oplion of Lessor, to the same condition in which it was at the commencement of the term, and the cost of said restoration shall be paid by Lessee, which cost shall be treated as additional rent due and owing under the terms of this lease. This paragraph is subject to the exceptions of ordinary wear and tear, and unavoidable damage by fire, elements, casualty, or other cause or happening not due to Lessee's negligence, (8) LAWFUL POSSESSION; FIRE PRECAUTIONS; MACHINERY WEIGHTS Lessee shall not carry on any unlawful or immoral business in or about the Space, and shall not carry on any business which will endanger the building from fire or cause a forfeiture of any fire insurance that Lessor has or may hereafter have on the Building, Lessee shall use every precaution against fire or aClivities which would cause a forfeiture of any fire insurance, Lessee shall not operate any machincry or equipment that may be harmful to the building, or disturbing to other occupants of the building, nor place weights in any portion of the Space beyond the safe carrying capacity of the structure. . (C) SIGNS Lessee shall not placc any signs upon the exterior of the Space nor cause any lellering of any kind \\hatsoever to be placed upon the outside windows oflhe Space, Lessee will be identified by name and business on any sign or dircctory to 3 be placed outside or inside the building by Lessor for Ihe purpose of identifying tenants, at the expense of the tenant. Any other signs shall first be approved by the Lessor, and further, meet the approval of and secure a perrnit from the Codes Enforcement Office, Borough of Worrnleysburg, WormJeysburg, P A. It is understood thai the Lessee shall then become responsible for the purchase, erection, maintenance and liability of his signs, (D) ALTERATIONS AND IMPROVEMENTS Lessee shall not have the privilege of improving or altering the Space for Lessee's own purposes, unless Lessor approves any proposed improvement(s) in writing, and improvements are made at Lessee's expense, other than as provided prior to occupancy. (E) VACATION Lessee shall neither vacate nor desert the Space during lhe terrn of this Lease, or permit same to be empty and unoccupied, (F) ASSIGNING, ETC., BY LESSEE Lessee shall not have the privilege of as:;igning or subletting the Space, or mortgaging any interest it may have by virtue of lhis Lease, unless the written consent of Lessor is first obtained, such consent to be reasonable, and shall not be unreasonably withheld, (G) LOCKS Lessee shall not, under any circumstances, change any locks associated with his space. In the event that the Lessee desires to have his locks re-keyed the Lessee must first contact the office of the Lessor, The Lessee will be given the proper procedure which must be followed to effectuate a lock re-keying, The aforementioned re-keying \\;11 be at the sole expense of the Lessee, 10. LESSOR'S RIGHTS (A) RIGHT OF INSPECTION It is agreed and understood that Lessor, Lessor's duly authorized agents, contractors, and employees may enter the Space at reasonable times during lhe term with prior notice, for the purposes of inspection, maintenance work, and to show the premises to prospective tenants, (B) RULES AND REGULATIONS Lessor may from ti'Tle to time establish reasonable rules and regulations for the safety, care and cleanliness of the Space, and for the preservation of good order therein, Such rules and regulations shall, when notice thereof is given to Lessee, form a pan of this Lease, No rule or regulation shall be arbitrary, but shall be reasonable in every respect. When a rules and regulations listing is established for 1017 Mumma Road, Lessor shall deliver a copy to Lessee, 11. RESPONSIBILITY OF LESSEE (A) DAMAGES OR INJURY TO PROPERTY All damages or injuries done to the Space by Lessee and/or Lessee's customers, clerks, servants, agents, employees, visitors of Lessee, and individuals for whom Lessee is responsihle, other than those caused by ordinary wear and lear, shall be ~ repaired by Lessee under the direction of Lessor at the expense of Lessee. Lessee covenants and agrees to make such repairs upon twenty (20) days written notice given to Lessee by Lessor, and if ~ssee shall neglect to make said repairs or commence to make the sa,ne promp~y or complete the same within twenty (20) days after receiving such notice, Lessor shall have the right to make such repairs at the expense and cost of Lessee, and the amount thereof may be collected as additional rent accruing for the month following the date of the said repairs, and if said expense is made at the expir:ltion of the term, then the cost so made may be collected by the Lessor as an additional rent for the use of the Space during the entire term. (B) PAYMENT OF JUDGMENTS, ETC. ~ssee shall bear, pay and discharge when and as the same become due and payable all judgments and lawful claims for damages or otherwise against Lessor, arising from Lessee's use or occupancy of the Space, and will assume the burden and expense of defending all such suits, whether brought before or after the expiration of this Lease, and will protect, indemnify and save harmless Lessor, or Lessor's agents, servants, employees, and the public at large by reason of or on account of the use or misuse of the Space, or any part thereof, due to the negligence of Lessee and/or Lessee's agents, clerks, servants, employees. visitors, customers. and individuals for whom Lessee is responsible, (C) DISCHARGE OF LIABILITY In consideration of securing this ~ase at the above,stated rent, Lessee does hereby release and discharge the Lessor. its agents. servants and/or employees, and said ~ssor's successors and/or assigns, from any and all liability by reason of any injury, loss and/or damage to any person and/or propeny in the demised premises, whether belonging to Lessee or any other person, caused by any fire, the breaking, bursting, stoppage and/or leakage of any water pipe, gas pipe, sewer, basin, water closet. steam pipe and drain in any part or portion of the Space and/or any part or portion of the building, of which the Space is a pan, and from all liability for any and all injury, loss and/or damage caused by the water, gas, steam, waste and contents of said water pipes, gas pipes, steam pipes, sewers, basins, water closets and drains. or from any kind of injury, loss and/or damage which may arise from any other cause on the premises or in the building, unless directly attributable to Lessor's negligence. 12. RESPONSIBILITY OF LESSOR (A) PARTIAL OR TOTAL DESTRUCTION OF PROPERTY In the event that the building or the Space shall be totally or substantially damaged by fire or other casualty or happening, this Lease shall not terminate, but in such event Lessor agrees to repair, restore, or rebuild the Space. as the case may be, subject to the availability of insurance proceeds, to its condition immediately prior to such damage or destruction with due diligence and within four (4) months after such damage; and in the event that the demised premises cannot be repaired, restored or rebuilt as aforesaid, \\irhin such four (.\) month period, Lessee's sole remedv shall be the right to cancel and tenninate this Lease without further liability on the'part of either pany, The rent payable hereunder shall entirely abate in case the demised premises are substantially destroyed or so damaged as to be rendered untenantable, or abate proponionately according to the extent of the injury or damage sustained by the Space, if it is not suhstanrially desrroyed but is rendered 5 partially untenantable, until the Space shall have been restored, repaired, or rebuilt, as the case may be, and put in proper condition for use and occupancy. Lcssor agrees to institute such repairs immediately afcer such damage and to complete the same ....ith due diligence and within a reasonable time. Partial desu\lction shall be restored within ninety (90) days from Ihe date of deSlruction, ami complete destruction shall bc completely rebuilt within one. hundred and twenty (120) days from the date of destruction 10 the extent feasible, (B) DAMAGE FOR INTERRUPTION OF USE lessor shall not be liable for any damage, compensation or claim by reason of inconvenicnce or annoyance arising from the necessity of making repairs, alterations and/or additions to any portion of Space, the intemlption in the use of the Space, or the termination of this Lease by reason of the destruclion of the Space. 13. REMEDIES OF LESSOR If lessee should remove or prepare to remove, or attempt to remove from Ihe Space before the expiration of the tenn or at any time during the continuance of this Lease: or if Lessee shall be in default in the payment of any installment of rent for the period of twenty (20) days,and is given notice in writing by Lessor. or should there be a default in any of the covenants or conditions as herein contained, and should Lessee fail to remedy such default within twenty (20) days of notice, or if Lessee should become insolvent, or if a petition in bankruptcy is filed by or against lessee, or a Bill of Equily or other proceeding for the appointment of a receiver for lessee is tiled, or if proceedings for reorgani7"1tion or for composition with creditors under any state or federal law be instituted by or against Lessee, or if the real or personal propeny of Lessee shall be sold after levy by any Sheriff, Marshal or Constable, then in that event, rent for the unexpired portion of the then CUITentlerm of this Lease, at the rate which is then due and collectihle under the tenm of this Lease, shall immediately become due and payable and shall be collectihle by distraint or otherwise, and Lessor shall have the further right in said event, 10 forfeit and lenninale this Lease. The said forfeiture to be effected by giving nOlice in \l.Titing to Lessee Im~in, or to the person then in charge of the Space, Anything heretofore notwithsl1nding, Lessee shall be pen:lilted to arrange l'ledit facilities forthe purpose of managing the tirning issues presented by the payment schedule and practices of the Commonwealth of Pennsylvania. 14. ACCEPTANCE OF NOTICE TO QUIT DISPOSSESSIOU; WAIVER OF REMEDIES BY LESSEE; WAIVER OF DEMAND Lessee hereby ~ccepts notice 10 quit, remove from, and surrender up possession of, the Space to Lessor at the expiration of the lenn hereof, I\henever it may be determined. On failure to pay rent due for twenty (20) days, or upon hreach of anv other condition of this Lease, as possibly modified by Section thirteen (I.') hereof. despite the distraint, Lessee shall be a nontenant. subject to dispossession by Lessor, \I ithoul further notice or process of law, with release of error and of damages, and I.e"nr mav Ie enler the premises and dispossess Lessee without thereh)' ben1miflg a lJesl',lsser I esse,' hereby \1 aives the benefil(S) of all e.xemption la\\'s or this Cormllor1\leallh Ilul fllll\' are ill r"rn" or rmy hereinafcer be in force, or in am' aClion or aniom IIL1IIlL1\' :llTllIC on 11m Le:l'e, and in any distress or distresses that may I~ made for rnllet'tion "f the \I hnl,' "r "Ild lt'lll, or any part thereof. Lessee also waives the ~~nefit of ,t:lY 0\ ~'~l'lIllt"', mqlli\iII<Hl, ~'Irll\ion, right of appeal. ceniorari anri all error;, in alll'lClcrrdllll'\ :111\111[' "111 of 1111' I e,lS~ Irss~e does also hereby waile any and all demand for 1'.l\l11e11l of tl1<' rCIIII1<'I<'in I'rmitiell for, ~ithrr on (, the day due or on any other day, either on the land itself or in any o~ler place, and aglees that such demand shall not be a condition of re.entry or of recovery of possession withoot legal process or by means of any action or proceeding whatsoever, 15. CONFESSION OF JUDGMENT If rent and/or charges hereby reserved as rent shall remain unpaid for twenty (20) days beyond any day when the same ought to be paid, and after fifteen (15) day written notice from Lessor, Lessee hereby empowers any Prothonotary or Attorney of any Court of Record to appear for Lessee; in any and all actions which may be brought for rent and/or the charges, payments, COStS and expenses reserved as rent, or agreed to be paid by Lessee and/or to sign for Lessee an agreement for entering in any competent court an amicable action or actions for the recovery of rent or other charges or expenses, and in said suit(s) or in said amicable action or actions to confess judgment against Lessee for all or any part of the rent specified in this Lease and then unpaid including the rent for the entire uneltpired balance of the term of this Lease, and/or other charges, payments, costs and expenses reserved as rent or agreed to be paid by Lessee, and for interest and costs together with an attorney's commission often percent (10%); and, judgment in ejectment as herein provided may be entered concurrently therewith, Judgment may be confessed repeatedly until any deficiency is collected. 16. EJECTMENT At the end of said term. whether the same shall be determined by forfeiture or expiration of the term, or upon the breach of any of the conditions C'f this Lease, as possibly modified by Section thirteen (13) hereof, it is agreed that an amicable action of ejectment may be entered in the Court of Common Pleas of the County wherein the Building is located, in which Lessor shall be plaintiff, and Lessee, and all who come into possession during the term or continuance of this lease or under this Lease shall be defendants, that judgment may be entered thereupon in favor of the plaintiff, without leave of Court. for the premises above described, with the same to have the same force and effect as if a summons in ejectment had been regularly issued, legally served and returned, and that writs of habere facias possessionem with clause of fi, fa, for all costs, may be issued forthwith, waiving all errors and defects whatsoever in entering said judgment, also waiving right of appeal, certiorari. writ of error of st;Jy upon any writ(s) of habere facias possessionem which rnay issue upon the same, 17, REMEDIES CUMULATIVE All remedies of Lessor herein shall be cumulative and concurrent. 18. POSSESSION DEFINED Possession of the Space includes the exclusive use of the same, together with Ihe use, in common with any other occupants of the Building, of the hallways, stairs, toilet rooms, water, and parking area, 19. LIABILITY RELIEF Lessee hereby relieves Lessor from all liability by reason of any injury, loss and/or damage to any person or propcny in the Space which may arise from or be due to the use, misuse or abuse of the elevator(s), hatches, openings. stairways, hallways, that may be (or have been) constructed in the Building, or from any kind of injury, loss and/or damage, which may arise from any other cause on the premises or in the Building, unless directly attributable to Lessor's negligence, Lessor shall inspect the common areas on a regular basis and make any necessary repairs. 7 20, CONDEMNATION In the event that the Space or any part thereof is taken or condemned for a public or quasi. public use, this Lease, shall, as 10 the part so taken, tcnninate as of the dale tille shall vest in the condemnor, and rent shall abate in proponionlo the square feet of lease space taken or condemned, or shall cease if the enlire Space be so taken. If a pan taken subSlantially and unreasonably interferes wilh lhe function and efficiency of Lessee's business, Lessee may tenninate this Lease on Ihe remaining portion of the Space, by delivering a fifteen (15) day written notice to Lessor. In any event, Lessee waives all claims a~ainst Lessor by reason of the complete or partial taking of Ihe Spacc, 21. SUBORDINATION ASSIGNMENT BY LESSOn Subordination or Superiority, Thc rights and imcrem of Lcssee under lhis Lease shall be subject and subordinate to any first mongagc that may be placed upon Ihe Space and to any and all advances to be madc thereunder, and to Ihc imerestlhereon, and all renewals, rcplacements and extensions thercof. Any mongagee may elect In give the rights and intcrest of Lessee under this Lcasc priority over thc lien of ils mnrtgage, Inlhe evcnt of such elcction and upon notificalion by such mOl1gagee tn [c~sec to Ihat dfect, the rights and interests of Lessce under Ihis Lcase shall be deemed to have priority over the Iicn of said mongage, whcther this Lease is daled prior tn or subsequenllnlhe datc of said mortgagc, Lessee shall executc and deliver wbatever imlfumenls may be required for such purposes and in the event Lessee fails so todo wilhin len (10) days aherdell1Jnd in writing, Lessee does hercby make, constitute and irrevocably appoint Lessor as its attorncy-in-fact and in its namc, place and stead sntn do. Lessor may assien its interest in th:s Lease, or any part thereof, and such assignee shalllhereupon be deemed Lcssor hereunder. However, Lessor agrecs lhal Lessee's righls under this Lcase shall not be disturbed in any way by such subordination. 22. QUIET ENJOYMENT Lessee, upon paying the said rent and pcrforming lhe covenanl.S of Ibis Leasc, on its part to be pcrformed, shall and may peaceably and quietly h:lve, hnld and cnjoy thc Space for the term aforesaid and any herein duly authorized addilionaltenn. 23. NOTICE OF TERMINATION Anything heretofore notwilhstanding, a wrilten r1lJlice Ibatl.essee docs not intend to seek a renewal of this Lease shall be delivered In Lessor at least one.hundred and twenty (120) days prior to the end of the lerm of Ihis Lease, 24. SECURITY DEPOSIT Upon the execution of this Lease, Lcssee shall deposit wilh Lessor a security dcposit of SiX-lhousand, three-hundred, live Dollars and shly-si, Cents ($6.3lJ5.66) for the performance of alltcnns, covenanlS and conditions of this Lease. Lessee agrees to forfeit said security dcposit to l.essor upon failure In completely salisfy any and/or all terms and covenants of this Lease Agreemcnr 'fllis ,kposil shall be non-intcrest bearing and will be retained in its entircty f"r Ihl' fulllerm ('f this Lease. 25. RENEWAL OPTION Lessee shall have lhe ri~hl alld 01'111111 of renewing Ihis Lcasc upon the same te~s and conditions as herein conl:1ined, ["I ""C (I) addilionalthree 0) year period, ProVided that: (A) The remal p:lid during eaell r,'nc\\ allenn sh,111 be the rental paid al tI~e end of the (lriginaltenn, in addili"n III an annual adju'lmcmto he negotiated with the Lessor, s FAMILY HEALTH COUNSEL : IN THE COURT OF COMMON PLEAS OF OF PENNSYLVANIA, INC, : CUMBERLAND COUNTY, PENNSYLVANIA V. : 97-3643 CIVIL TERM NORM K. A. HOFFER and ASSOCIATES ORDER OF COURT AND NOW, March 25, 1998, the Court having been informed that the parties have reached a settlement, the Board of Arbitrators previously appointed is hereby vacated. The Chairman, Harold S, Irwin III, Esquire, shall be paid the sum of $50.00. By the Court, P.J, Harold S. Irwin, Esquire - l\'d'-'1- ,),,,~,(,,L '?/.l(,,11~, u ., Court Administrator - "<'j;j jl,'d<l":.- r.:.;J 3/-H.-/ f8 ..\ 'f'. :ssg LAW OFFICES OF HAROLD S. IRWIN, III A TTORNEY.AT.LAW HAROLD S. IRWIN. III HITNER HOUSE, SUITES 201 and 202 35 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 717.24J.0090 PHONE 717.243-9200 FACSIMILE HEATHER A. BARaOUR JOHN J. BARANSKI GAY L.IRWIN PARALEGALS W\\W. cenpenn. comnrwin/ e-mail: irwinlaW@epix.net March 23, 1998 COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQ CARLISLE PA 17013 RE: Family Health Council v, Hoffer No. 97 - 3643 Arbitration Dear Rick: On January 19, 1998, I was appointed to chair the arbitration panel in the above matter, By January 27,1998, we were able to schedule this for a hearing on February 18, 1998, after clearing that date for everyone. About a week before the scheduled date, Markian Slobodian, attorney for the defendant, called to request a continuance since he had additional discovery he wanted to do. I indicated that he should contact the plaintiff and all arbitrators about the continuance and notify me immediately once the discovery was complete. Having heard nothing from him by the middle of this month, I called Mark to inquire about the status of the case. At that time he informed me that although neither party had contacted any of the arbitrators, the case had been settled and our appointment could be vacated. I believe that I requested, but have not received, a letter from him confirming settlement of this case, I presume that our appointment can be vacated and am returning the file to your office. I do not know what the Court's policy is on payment of the chairman or other arbitrators in these situations; however, I can tell you that whether we sit or not, there is a certain amount of effort involved in setting these up and, in this case, continuing the matter and now closing it out. I also wanted to indicate to you that as opposed to some attorneys, even though the monetary payment is minimal, I appreciate these opportunities to sit as an arbitrator since it gives me a chance to meet other attorneys in a hearing situation and to gain more experience in the trial of a case. Please feel free to have the Court appoint me more often if needed. ~~.!" rely, I . (' . .------- - Harold S. Irwin, III >- 1'" ~~ {'""; ,-, c.: t~ J!: ( )- .- ,.'; -- Ii: 0' , , C:::' <-; Lc- L!~ (, . I 1:- Cl:' , U C' c;