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PHfLLIP ,1, BAYffi.
Plaint,j ff
IN THE COURT OF CCt+ION PLFJ\S I1F
CIJMBERLlIND CCUN'l'Y, PEM/SYLV1INTA
1'.9.
MIHAIL LIVADITIS, GRmoRY
DTMARHOS. and Vl\SILTOS
OIl\l<CMTHAI.IS, individually and
jointly and trading as
ATHENS DINER and trading as
ATHENS DINER. INe"
Defendants
No, _,<t2~.,j.2!.LC.u-J r.Lvo-
CIVIL ACTION -- LAW
COMPLAINT
Plaintiff Phillip J. Bayer, by his attorney, William M.
Gross, files this Complaint pursuant to Pa,R.C.P. No. 295l(b} for
judgment by confession and avers the following:
1. Plaintiff is Phillip J. Bayer, an adult individual who
has an office at 451 Lake Francis Drive, West Palm Beach, FL
33411,
2. Defendant Mihail Livaditis is an adult individual whose
last known residence address is 8643 26th Avenue, Brooklyn, NY
11214.
3. Defendant Gregory Dimarhos is an adult individual whose
last known residence address is 1962 73rd Street, Brooklyn, NY
11204,
4. Defendant Vasilios Diakomihalis is an adult individual
whose last known residence address is 1001 65th Street, Brooklyn,
NY 1121 9 ,
5. The Defendants, individually and/or jointly, operate a
restaurant at 5510 Carlisle Pike, Mechanicsburg, PA 17055
(Cumberland County, Pennsylvania) under the name of Athens Diner
and/or Athens Diner, Inc,
6. As will he set forth more specifically hereinafter, the
Defendants are in default under two agreements and th",se defaults
11 aI, 12 ~
~nd tht'" f,lC't~. pl"'rt.ainiflSJ t.h~rptn are ('{)llfilm~tl hy dn Affidavit of
Default attach~d heretn as Exhihit "E,"
. * . * *
COUNT I - AGREEMENT OF LEASE
7. The allegations of Paragraphs 1 through 6 are
incorporated herein,
8. Attached as Exhibit "A" is a capy af an "Agreement of
Lease," which capy is a true and correct copy of the original
instrument authorizing confession and duly executed by
defendants,
9, Plaintiff is named in the Agreement of Lease as the
party in whose favor the confession of judgment was made and he
has not assigned his interest,
10, Judgment has not been entered in any jurisdiction on
the attached instrument or on any copy thereof,
11, Default was made on the payment of $4,000.00 due under
the Agreement of Lease on December 1, 1996, and in all subsequent
payments due whereby under the Agreement of Lease the entire sum
is in default and immediately payable, the total amounts owed
being more specifically shown on Exhihit "B," attached hereto and
incorporated herein,
12. Consequently, Defendants are liable to the Plaintiff as
follows:
Monthly Rent Payments and
Late Charges Due
$ 17,760.00
Rent for Remainder of Term 180,000,00
Attorney's Commission 9.880.00
Total $207.640.00
lJl\ll2 Page :'
WHEREFORE, nn Cu,"d I on I y, PI..; nt i fC ,\o'miHl,ls jwlfJment in
the sum of $207,640,00 "" Clllthodze,\ by the warrant of attorney
appearing in the Agreement of Lease,
* * * * *
COUNT II - INSTALLMENT AGREEMENT OF SALE
13, The allegations of Paragraphs 1 through 6 are
incorporated herein.
14. ~ttached as Exhibit DC" is a copy of an "Installment
Agreement of Sale," which copy is a true and correct copy of the
original instrument authorizing confession and duly executed by
defendants,
15, Plaintiff is named in the Installment Agreement of sale
as the party in whose favor the confession of judgment was made
and he has not assigned his interest.
16. Judgment has not been entered in any jurisdiction on
the attached instrument or on any copy thereof.
17, Default was made on the payment of $5,067.03 due under
the Installment Agreement of Sale on May 1, 1996, and in all
subsequent payments due whereby under the Installment Agreement
of Sale the entire sum is in default and immediately payable, the
total amounts owed being more specifically shown on Exhibit "0,"
attached hereto and incorporated herein.
18. Consequently, Defendants are liable to the Plaintiff as
follows:
Principal Balance Due $ 400,000.00
Interest Due 45,522.68
Accumulated Late Charges 2,786.85
Attorney's Commission 44.830.95
Total $~140.48
1ll1!2! Page 3
WHEREFORE, on Count II only, Plaintiff demands judgment in
the sum of $493,140.48 as authorized by the warrant of attorney
appearing in the Installment Agreement of Sale.
* * * * *
WHEREFORE, plaintiff demanrls judgment in the sum of
$700,780.48 as authorized by the warrants of attorney appearing
in the instruments attached hereto,
/JrllfJt ~
William M, Gross, Esquire
Attorney for Plaintiff
1.0. No. 07068
3003 N. Front Street
Harrisburg, PA 17110
Tel: (717) 234-9819
Fax: (717) 652-8821
11 !I. 1 ~ ~
Page 4
VERrFrr.ATro~
Phillip J. Bayer states, subject to the penalties of 18
Pa.C,S, Sec. 4904 r~lating to unsworn falsification to
authorities, that he is the Plaintiff in the matter herein and
that the facts set forth in the foregoing Complaint are true and
correct to the best of his knowledge, information and belief,
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I\GHP.P.MJo:N'l' 01' J,~;^Sr.
THIS AGREEMENT OF LEASE m<lde <IS of the 'J.~ day of
{ , 1996, by and between PHILIP J. DAYER, of P.O.
96, Me rlck, New York 11566 (hereinafter called "Lessor")
and MIHAI LIVADITIS, GREGORY DIMARIIOS, and VASILIOS DIAKOMIHALIS
of 8643 26th Avenue, Drooklyn, New York 11211 (hereinafter c<llled
"Lessee").
"
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WITNESSETH:
The Lessor, in consideration of the rents herein stipulated
and the mutual covenants herein contained, intending to be legally
bound hereby, leases to the Lessee, and Lessee hereby leases from
Lessor for use as a restaurant or other lawful purpose, the tract
of land only situate at 5510 C<lrlisle Pike, Hampden Township,
Cumberland County, Pennsylvania, more particularly bounded and
described as set forth in Exhibit "A", attached hereto, and made
part hereof (herein "Demised Premises"), upon and subject to the
following terms, covenants, and conditions:
1. The term of this Agreement of Lease shall be for a period
of five (5) ~e~s, commencing on February~, 1996, and expiring
on February ~J , 2001, or on such other earlier date as this
Agreement of Lease may terminnte as herein<lfter provided, or at
such later date in the event of an extension of the term.
2. In addition to the other costs and expenses designated
as rent, it being agreed that this is a Triple Net Agreement of
Lease, Lessee shall pay to Lessor as rent for the Demises Premises
rent for the first three (3) years, One Hundred Forty-Four Thousand
($144,000.00) Dollars, lawful money of the United States of America,
payable in equal monthly installments of Four Thousand ($4,000.00)
Dollars each, in advance, on the first day of each calendar month
during the term. The first monthly installment of rent shall be
due and payable on the first (1st) day of May, 1996, and monthly
thereafter. The payment on May 1, 1996, will include rent provided
on a daily basis from April 26, 1996, to April 30, 1996. And for
the fourth (4th) and fifth (5th) years, One Hundred Eight Thousand
($108,000.00) Dollars, lawful money of the united states of America,
payable in equal monthly installments of Four Thousand Five Hundred
($4,500.00) Dollars each, in advance on the first day of each
calendar month during the term. In addition, at option of Lessor,
Lessee shall pay the Lessor as rent in monthly installments of the
first day of each calendar year one-twelfth (1/12th) of the annual
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real estate taxes, fire insurance, and sewer charges with respect
to the Demised Premises, all as reasonably estimated initially
and from time to time by the Lessor on the basis of prior or
existing assessments and bills, In the event a monthly installment
of rent is not received within fifteen (15) days after its due date
at such place as specified by Lessor in writing, a late charge of
four (4\) percent of the unpaid monthly installment of rent shall
be charged.
3. Lessee also agrees to pay as rent in addition to the
minimum rental herein provided any and all sums which may become
due by reason of the failure of Lessee to comply with any of the
covenants of this Agreement of Lease and any and all damages,
costs, and expenses which Lessor may suffer or incur by reason of
any default of the Lessee or failure on the part of Lessee to
comply with the covenants of this Agreement of Lease, and each of
them, and also any and all damages to the Demised Premises caused
by any act or neglect of the Lessee. Lessee agrees that any charge
or payment herein reserved, including or agreed to be treated or
collected as rent or any other charges, expenses, or cost herein
agreed to be paid by Lessee may be proceeded for and recovered by
the Lessor by distraint or other process in the same manner as rent
due and in arrears. All rent shall be payable without demand and
without counterclaim, deductions, or setoff at the office of Lessor,
P.O. Oox 96, Merrick, New York 11566, or at such other place or
places as the Lessor may from time to time designate by notice in
writing.
4. Lessee shall have the option to purchase the Demised
Premises in accordance with the terms of a Real Estate Option
Agreement (the "Option") attached hereto as Exhibit "0" and
incorporated herein by roference.
5. Lessee shall pay all other charges and expenses in
connection with the Demised Premises as additional rent. without
limiting the generality of the foregoing, the Lessee agrees to pay:
, "
A. Taxes.
(1) "Taxes". The term "Taxes" shall mean the
aggregate of the real estate taxes, assessments, and
other governmental charges and levies, general and
special, ordinary and extraordinary, foreseen and
unforeseen, of any kind or nature whatsoever (including,
without limitation, assossments for public improvement or
benefits and interest on unpaid installments thereof)
- 2 -
"
which may be levied, assessed, or imposed or become liens
upon the Demised premises, or which arise out of the use,
occupancy, or possession of the Demised Premises (land,
leasehold improvements, betterments, and other permanent
improvements) from time to time. The term "Taxes" shall
not, however, include inheritance, estate, succession,
transfer, gift, franchise, corporation, income, or profit
tax imposed upon Lessor, nor penalties imposed upon
Lessor for Lessor's delinquent payment of taxes.
(2) Lessee's Tax
additional rent, pay for
the Demised Premises.
(3) Reimbursement. Lessee shall pay (or reimburse
Lessor upon demand if the same are levied against Lessor
or the Demised Property), before expiration of the "face"
period, any and all Taxes. Lessee shall submit a copy of
the paid bill to Lessor within thirty (30) days after
payment.
Charqe. Lessee shall, as
Taxes on all land constituting
(4) Other Charqes. Lessor shall have the right
(but not the'obligation), if permitted by law, to make
installment payments of any assessments levied against
the Demised Premises. Lessee shall have the sole,
absolute, and unrestricted right (but not the obligation)
to contest the validity or amount of any Taxes by
appropriate proceedings, and if Lessee shall voluntarily
institute any such contest, they shall have the sole,
absolute, and unrestricted right to settle any
negotiation, contest, proceeding, or action upon whatever
terms Lessee may, in their sole discretion, determine.
In the event Lessee receives any refund of such Taxes
(and provided Lessee is not then in default under this
Agreement of Lease) Lessee shall retain such refund.
(5) Disputes. In the event of any dispute under
this section, Lessee shall pay Taxes in accordance with
the applicable bill or statement, and such payment shall
be without prejudice to Lessee's position.
B. Utilities. Lessee shall, during the term hereof, pay all
charges for gas, electricity, light, heat, power, and telephone
supplied upon or in connection with the Demised Premises and all
water and sewer service charges which arc levied or charged against
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said De.ised pr~.ises and to indemnify Lessor and save it harmless
aqainst any liability or damages on such account.
C. Insurance.
"
(1) l&Dll. Lessee shall carry and maintain
insurance on the Demised Premises, against loss or damage
by fire, lightening, windstorm, explosion, and/or all
other extended coverage risks ordinarily insured against
by standard policies of insurance. Such insurance shall
be maintained in an amount not less than the full
insurance value thereof, which term "full insurable
value" shall. mean the actual replacement cost (excludinq
foundation and excavation costs). Such policies shall
name Lessor as the insured. In the event of loss,
insurance proceeds shall be held in escrow by Lessor
pending repair of the damage by Lessee. upon completion,
the proceeds shall be paid to Lessee in an amount not to
exceed the costs of repair of the damage, In the event
Lessor or Lessee elects to terminate this Agreement of
Lease as hereunder provided, the insurance proceeds shall
be paid iMmediately to the Lessor.
(2) Liabilitv. Lessee shall carry, pay for,
maintain general public liability insurance against
following claims;
(a) For bodily injury or death occurring
upon, in, or about the Demised Premises or
about all of the real estate leased hereunder,
such insurance to afford protection to the
limit of not less than One Million
($1,000,000.00) Dollars in respect of anyone
accident.
and
the
(b) For property damage upon, in, or
about the Demised Premises or about all of the
real estate leased hereunder, such insurance
to afford protection to the limit of not less
than One Million ($1,000,000.00) Dollars.
(c) The aforementioned policies shall
also contain a provision that they cannot be
cancelled or amended except upon thirty (30)
days prior notice to Lessor. In addition,
Lessee shall submit to Lessor the appropriate
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certificates of, ,Insurance evidencing such
policies, ,if so requested, and this insurance
coverage will be maintained during the
duration of this Agreement of Lease.
(d) Under said policy or policies of
insurance, the Lessee shall be' the "named
insured" and the Lessor and holder of any
mortgage or Installment Agreement of Sale on
the Demised Premises, if any, and whose name
is furnished in writing by Lessor to Lessee,
shall be named as "additional insureds".
Lessee agrees to cause the insurance companies
issuing the aforesaid polices of insurance to
forward to Lessor Policies, Memorandum
Policies, or Certificate of Insurance, to the
Lessor within fifteen (15) days of the
issuance or renewal of said policies.
Repairs and Maintenance.
(1) Lessee shall maintain and
all exterior maintenance of said
inclUding the parking lot, striping
curbing, and snow and ice removal.
be responsible for
Demised Premises,
thereof, driveway,
D.
(2) Lessee shall maintain and service all matters
concerning the Demised Premises and agrees to deliver up
the Demised Premises at the expiration of the term of the
term in the same good order and condition as received,
ordinary wear excepted.
(3) Lessee shall keep the Demised Premises clean
and free from all ashes, dirt, and other refuse matters;
replace all glass windows, doors, etc., broken; keep all
waste and drain pipes open; keep the same in good repair
and order as they now arc, reasonable wear and tear and
damage by accidental fire or other casualty not occurring
through negligence of Lessee or those employed by or
acting for Lessee along excepted. Should the Lessee 'fail
to comply with the provisions of this clause of the
Agreement of Lease, Lessor may enter the Demised Premises
and remove said refuse, make said replacements, or make
said repairs and do all other things as herein provided
to be done by the Lessee at the expense of the Lessee,
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"
", "
and said expense thus incur.red may also be collected as
additional rent under the Agreement of Lease.
"
(4) Lessee agrees to clean off from the sidewalks,
parking lots, and driveway all snow before it shall have
frozen and become hardened. Should the Lessee fail to
comply with the provisions of this clause of the
Agreement of Lease, the Lessor may enter the Demised
premises and remove the same at the expense of the
Lessee, and said expense thus incurred may also be
collected as additional rent under the Agreement of
Lease.
(5) Lessee shall commit no act of waste and shall
take good care of the Demised Premises and the fixtures
and appurtenances therein, and shall, in the use and
occupancy of the Demised premises, conform to all laws,
orders, and regulations of the federal, state, and
municipal governments, or any of their departments, and
regulations of the American Insurance Association,
applicable to the Demised Premises. Lessee shall observe
and comply w~th such rules and regulations as Lessor may
prescribe, on written notice to Lessee, for the safety,
care, and cleanliness of the Demised Premises and the
comfort, quiet, and convenience of persons using the
same.
(6) Hazardous Material; Indemnity.
(a) Lessee shall not cause or permit any
Hazardous Material to be brought upon, kept,
or used in or about the Demised Premises by
Lessee, its agents, employees, contractors, or
invitees, without the prior written consent of
Lessor (WhiCh Lessor shall not unreasonably
withhold as long as Lessee demonstrates to
Lessor's reasonable satisfaction that such
Hazardous Material is necessary or useful to
Lessee's business and will be used, kept, and,
stored in a manner that complies with all laws
regulating any such Hazardous Material so
brought upon or used or kept in or about the
Demised premises). If Lessee breaches the
obligations stated in the preceding sentence,
or if the presence of Hazardous Material on
the Demised Premises caused or permitted by
,,"
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"
Lessee results in contamination of the Demised
Premises, or if contamination of the Demised
Premises by Hazardous Material otherwise
occurs for which Lessee is legally liable to
Lessor for damage resulting therefrom, then
Lessee shall indemnify, defend and hold LessOr
harmless from any and all claims, judgments,
damages, penalties, fines, costs, liabilities,
or losses (including, without limitation,
diminution in value of the Demises Premises,
damages for the loss or restriction on use of
rentable or usable space or of any amenity of
the Demised Premises, damages arising from any
adverse impact on marketing of space, and sums
paid in settlement of claims, attorneys' fees,
consultant fees and expert fees) which arise
during or after the lease term as a result of
such contamination. This indemnification of
Lessor by Lessee includes, without limitation,
costs incurred in connection with any
investigation of site conditions or any
cleanup, remedial, removal, or restoration
work required by any federal, state, or local
government agency or political sUbdivision
because of Hazardous Material present in the
soil or ground water on or under the Demised
Premises. without limiting the foregoing, if
the presence of any Hazardous Material on the
Demised premises caused or permitted by Lessee
results in any contamination of the Demised
Premises, Lessee shall promptly take all
actions at its sole expense as are necessary
to return the Demised Premises to the
condition existing prior to the introduction
of any such Hazardous Material to the Demised
premises; provided that Lessor's approval of
such actions shall first be obtained, which
approval shall not be unreasonably withheld so
long as such actions would not potentially
have any material adverse long-term or short-
term effect on the Demised Premises. "
(b) As used herein, the term "Hazardous
Material" means any hazardous or toxic
substance, material, or waste which is or
becomes regulated by any local governmental
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authority, the state ot Pennsylvan\a, or the
United states Government. The term "lIazardous
Haterial" includes, without limitation, any
material or substance that is (i) defined as a
"hazardous substance" under appropriate state
law provisions, (ii) petroleuJli, (iii)
asbestos, (iv) designed as a "hazardous
substance" pursuant to section 311 of the
Federal Water l'ollution Control Act (J3 U.S.C.
51321), (v) defined as a "hazardous waste"
pursuant to section 1004 of the Federal
Resource Conservation and Recovery Act, 42
U.S.C. 56901, ll!iQg. (42 U.S.C. 59601), or
(vii) defined as a "regulated substance"
pursuant to subchapter IX, solid Waste
Disposal Act (Regulation of Underground
storage Tanks), 42 U.S.C. 56991 ~~.
7. All improvements made by Lessee to the Demised Premises
which are so attached to the Demised Premises that they cannot be
removed without material injury to the Demised Premises shall
become the property of Lessor upon installation. Not later than
the last day of the term, Lessee shall, at Lessee's expense, remove
all of Lessee's personal property and those improvements made by
Lessee which have not become the property of Lessor, inclUding
trade fixtures, cabinet work, movable paneling, partitions, and the
like, repair all injury done by or in connection with the
installation or removal of said property and improvements, and
surrender the Demised Premises in as good condition as they were at
the beginning of the term, reasonable wear and damage by fire, the
elements, casualty, or other cause not due to the misuse or neglect
by Lessee or Lessee's agents, servants, visitors, or licensees
excepted. All property of the Lessee remaining on the Demised
Premises after the last day of the term of this Agr2ement of Lease
shall conclusively be deemed abandoned and may be removed by
Lessor, and Lessee shall reimburse Lessor for the cost of such
removal. Lessor may have any such property stored at Lessee's risk
and expense. Said expense or cost incurred by Lessor may also be
collected as additional rent under this Agreement of Lease.
8. Lessee shall not permit any mechanic's, materialman's,
contractor's, or subcontractor's liens arising from any
construction work, repair, restoration, removal, or any other
claims or damages to be enforced against the Demised premises or
any part thereof. Lessor shall have the right at any time to post
and maintain upon the Demised Premises such notice as may be
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necessary to protect Lessor against liability for any such liens or
otherwise. Lessee shall give the Lessor prior written notice at
the start of any work or the delivery of any material connected
with any such work of construction, repair, restoration, or removal
occurring after the commencement of the term hereof. If any
mechanic's or other lien or other order for the payment of money or
any notice of intention to file the same shall be filed against the
Demised Premises or the building of which the Demised Premises are
a part, by reason of or arising out of any labor or materials
furnished or alleged to have been furnished to or for the benefit
of the Demised Premises for or by reason of any construction,
repair, restoration, removal, alteration, addition, improvements,
or changes or the cost thereof, made, incurred, or alleged to have
been made or incurred by Lessee, its agents, servants, or
employees, Lessee shall cause the same to be cancelled and
discharged of record by bond or otherwise as allowed by law at the
expense of Lessee within five (5) days after the filing thereof;
and Lessee Rhall also defend on behalf of the Lessor, at Lessee's
sole cost and expense, any action, suit, or proceeding which might
be brought thereon or for enforcement of such lien, liens, or
orders, and Lessee shall pay any damage and satiSfy and discharge
any judgment entered thereon and save harmless Lessor from any
claim or damage resulting therefrom.
9. Lessor reserves the right to enter upon the Demised
Premises at all reasonable business hours for the purpose of
inspecting the same, or of making repairs, additions, or
alterations thereto or to the building of which the Demised
Premises are a part, to exhibit the Demised Premises to prospective
tenants, purchasers, or otherwise, to display during the last three
(3) months of the term, without hindrance or molestation by Lessee
"for rent" or similar signs on windows or doors in the Demised
Premises, The exercise by Lessor of any such rights hereunder
shall not be deemed an eviction or disturbance of Lessee's use,
enjoyment, or possession of the Demised Premises.
10. Lessee covenants and agrees that they will promptly
without demand use every reasonable precaution against fire and
give prompt notice of any accident, fire, or other damage occurring
on or in the Demised Premises.
11. Lessee covenants and agrees that they will do none of the
following things without the consent in writing of Lessor first had
and obtained:
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A. occupy the Demised Premises in any other manner
or for any other purpose than as hereinbefore set forth;
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B. Make any alterations, additions, or
improvements in, to, or about the Demised Premises;
C. Assign, mortgage, pledge, or encumber this
Agreement of Lease in whole or in part, or underlet the
Demised Premises or any part thereof;
D. Use or operate any machinery that is harmful to
the Demised Premises or the buildings of which it is a
part;
E. Place any weights in any portion of the Demised
Premises beyond the safe carrying capacity of the
structure;
F. 00 or suffer to be done any act, matter, or
thing objectionable to the fire insurance company whereby
the fire insurance or other insurance now in force or
hereafter placed on the Demised Premises, or any part
thereof, shall become void or suspended, or whereby the
same shall be rated as a more hazardous risk than at the
commencement of the term of this Agreement of Lease, or
employ any person or persons objectionable to the fire
insurance company or carry or have in and about the
Demised Premises any articles or matter which may be
prohibited by the fire insurance company. Lessee agrees
to pay to Lessor as additional rent any and all increases
of premium on insurance carried by Lessor caused by a
breach of this covenant;
G. 00 or cause or permit anything to be done on or
about the Demised Premises which shall in any way
conflict with or violate any township, municipal, county,
state or federal law, ordinance, rule or regulation now
in force or which may hereafter be in force;
H. 00, commit, or suffer to be done any waste or
any nuisance upon the Demised premises;
I. Remove, attempt to remove, or manifest an
intention to remove equipment, machinery, tools, or
property from or out of the Demised Premises otherwise
than in the ordinary and usual course of business or
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repair or replacement of such property without first
having paid and eatistied Lessor tor all rent which may
become due during tho entire term of this Agreement of
Lease, or any renewal thereof;
J. Vacate or desert the Demised Premises during
thft tet'1ll of this Agreement of Lease, or any renewal
thereof, or pet'1llit the same to be empty or unoccupied.
12. Lessee agrees and covenants that it will without demand
peaceably deliver up and surrender possession of the Demised
Premises to Lessor at the expiration or sooner termination ot this
Agreement of Lease, promptly delivering to Lessor at office of
Lessor all keys for the Demised Premises.
13, Lessee hereby covenants and agrees to be responsible for
and to relieve and hereby release Lessor from all liability by
reason of any damage or injury to any person or property or thing,
or loss of life, which may arise from or be caused by the use,
misuse, or abuse of the Demised Premises and its appurtenances by
Lessee, its agents, servants, visitors, or licensees, the failure
(;If Lessee to comply with the performance of any or all of the
covenants or conditions of this Agreement of Lease, the operation
of its business in or about the Demised Premises or from any other
cause whatsoever on or about the Demised Premises or the buildings
of which the Demised Premises are a part, except damage or injury
caused by the acts or negligence of Lessor, its agents, servants,
or employees.
14. If the Demised Premises, or any part thereof or any other
estate therein, be taken by virtue of eminent domain, this
Agreement of Lease shall terminate on the date when title vests
pursuant to such taking, the rent and additional rent shall be
apportioned as of said date and any rent paid for any period beyond
said date shall be repaid to Lessee. Lessee shall not be entitled
to any part of the award or any payment in lieu thereof; but Lessee
may file a claim for any taking of fixtures and improvements owned
by Lessee and for such other costs and expenses authorized by law.
15. In any case where Lessor has recovered possession of the
Demised Premises by reason of Lessee's default, Lessor may at
Lessor's option, occupy the Demised Premises or cause the Demised
Premises to be redecorated, altered, divided, consolidated with
other adjoining premises, or otherwise changed or prepared for
- 11 -
.Ol-
-,
reletting, and may relet the Demised Premises or any,part thereof
as agent of Lessee or otherwise, for a term or terms to expire
prior to, at the same time as, or subsequent. to, the original
expiration date of this Agreement of Lease, at Lessor's option, and
receive the rent therefor, apply the same first to the payment of
such expenses as Lessor may have incurred in connection with
recovery of possession, redecorating, altering, dividing,
consolidating with other adjoining premises, or otherwise changing
or preparing for reletting, and the reletting, including brokerage
and reasonable attorney's fees, and then to the payment of damages
in amounts equal to the rent hereunder and to the cost and expense
of performance of the other covenants of Lessee as herein provided;
and Lessee agrees, whether or not Lessor has relet, to pay to
Lessor damages equal to the rent and other sums herein agreed to be
paid by Lessee, less the net proceeds of the reletting, if any, as
ascertained from time to time, and the same shall be payable by
Lessee on the several rent days above specified. In reletting the
Demised Premises as aforesaid, Lessor may grant rent concessions,
and Lessee shall not be credited therewith. No such reletting
shall constitute a surrender and acceptance or be deemed evidence
thereof. If Lessor elects, pursuant hereto, actually to occupy and
use the Demised Premises or any part thereof during any part of the
balance of the term as originally fixed or since extended, there
shall be allowed against Lessee's obligation for rent or damages as
herein defined, during the period of Lessor's occupancy, the
reasonable value of such occupancy, not to exceed in any event the
rent herein reserved and such occupancy shall not be construed as
a release of Lessee's liability hereunder. Lessee hereby waives
all right or redemption to which Lessee or any person claiming
under Lessee might be entitled by any law nor or hereafter
enforced. Lessor's remedies hereunder are in addition to any other
remedies provided in this Agreement of Lease or allowed by law.
16. If the Demised premises are underlet or occupied by
anybody other than Lessee and Lessee is in default hereunder, or
this Agreement of Lease is assigned by Lessee with the prior
written approval of Lessor then Lessor may collect rent from the
assignee, under-tenant, or occupant, and apply the net amount
collected to the rent herein reserved; but no such collection shall
be deemed a waiver of the covenant herein against assignment and
underletting, or the acceptance of such assignee, under-tenant, or
occupant as tenants, or a release of Lessee for further performance
of the covenants herein contained.
17. This Agreement of Lease shall be subject and subordinate
to all underlying lease, Installment Agreement of Sale dated
- 12 -
December 15, 1992, by and between Anil C, Thakrar ancl, Neema
Thakrar, Dusan Brotic and Kathleen M. Bratic, Kenneth K. Berry, and
Janis L. Wolf, therein "Vendors", and Nicholas Vratsan, Andrew V.
Vratsanos, and Philip J. Bayer, therein "purchasers" (herein
"Installment Agreement of Sale dated December 15, 1992), and to
mortgages which may now or hereafter affect the real property of
which the Demised Premises form a part, and also to all renewals,
., modifications, consolidations, and replacements of said underlying
leases, Inotallment Agreement of Sale dated December 15, 1992, and
mortgages, Lessor will continue to make timely payments required
by said Installment Agreement of Sale or any mortgage executed and
delivered by Seller to refinance said Installment Agreement of Sale
dated December 15, 1992. Although no instrument or act on the part
of Lessee shall be necessary to effectuate such subordinaticn,
Lessee will, nevertheless, execute and deliver such instrument
confirming such subordination of this Agreement of Lease as may be
desired by the holders of said mortgages, Installment Agreement of
Sale dated December 15, 1992, or by the Lessors under such
underlying leases. Lessee hereby appoints Lessor attorney in fact,
irrevocably, to execute and deliver any such instrument for Lessee.
If any underlying lease to which this Agreement of Lease is subject
terminates, Lessee shall on timely request attorn to the owner of
the reversion. In the event that Lessor is in default under the
terms and provisions of the Installment Agreement of Sale dated
December 15, 1992, and said default is not timely cured, Lessee may
make the payments to the Lessor hereunder to the Vendors in the
Installment Agreement of Sale dated December 15, 1992, and such
payments shall be applied on any indebtedness of Lessor under said
Installment Agreement of Sale dated December 15, ],992.
lB. Interruption or curtailment of any service maintained in
the building if caused by strikes, mechanical difficulty, or any
cause beyond Lessor's control whether similar or dissimilar to
those enumerated, shall not entitle Lessee to any claim against
Lessor or to any abatement in rent, nor shall the same constitute
constructive or partial eviction, unless Lessor fails to take such
measure as may be reasonable in the circumstances to restore the
service without undue delay,
19. Lessee shall not be entitled to claim a constructive
eviction from the Demised Premises unless Lessee shall have first
notified Lessor in writing of the condition or conditions giving
rise thereto, and, if the complaints be justified, unless Lessor
shall have failed within a reasonable time after receipt of said
notice to remedy such condition.
- 13 -
20. If the Lessee:
, ,
..
A. Does not pay in full when due any and all
installments of rent and/or any other charge or payment
herein reserved, included or agreed to be treated or
collected as rent and/or any other charge, expense, or
cost herein agreed to be paid by the Lessee, and if such
delinquency is not cured within ten (10) days after
written notice thereof givelJby Lessor, or
B. violates or fails to perform or otherwise
breaks any covenant or agreement herein contained, other
than those referred to in the foregoing subparagraph A
for a period of thirty (30) days after written notice
thereof given by Lessor, or
C. Vacates the Demised Premises or removes or
attempts to remove or manifest any intention to remove
any goods or property therefrom otherwise than in the
ordinary and usual course of business without first
having paid and satisfied Lessor in full for all rent and
other charges or expenses then due or that may thereafter
become due until the expiration of the then current term,
or
I.
D. Becomes embarrassed or insolvent, or makes an
assignment for the benefit of creditors, or if a petition
in bankruptcy is filed by or against the Lessee or a bill
in equity or other proceeding for the appointment of a
receiver for the Lessee is filed, or if proceedings for
reorganization or for composition with creditors under
any state or federal law be instituted by or against
Lessee, or if any real or personal property of Lessee
shall be sold or levied upon by any sheriff, marshall, or
constable, then and in any or either of said events,
there shall be deemed to be a breach of this Agreement of
Lease, and thereupon i.nEQ facto and without entry or
other action by Lessor:
(1) The rent for the entire unexpired
balance of the term of this Agreement of'
Lease, as well as all other charges, payments,
costs, and expenses herein agreed to be paid
by Lessee or at the option of Lessor, any part
thereof, and als~ all costs and officers'
commissions inclUding watchmen's wages and
,/
!.
,
- 14 -
;
.'
.
.,
:U. In the event of any default as above set forth in
section 20, the Lessor or anyone acting on behalf of Lessor, at
Lessor's option:
A. Hay without notice or demand enter the Demised
premises, breaking open locked doors if necessary to
effect entrance, without liability to action for
prosecution of damages for such entry or for the manner
thereof, for the purpose of distraining or levying and
for any other purposes, and take possession of and sell
all goods and chattels at auction on three (3) days'
notice served in person on the Lessee, its agents, or
employees, or left on the Demised Premises, and pay the
said Lessor out of the proceeds, and even if the rent be
not due and unpaid, should the Lessee at any time remove
or attempt to remove goods and chattels from the premises
without leaving enough thereon to meet the next
periodical payment, Lessee authorizes Lessor to follow
for a period of ninety (90) days after such removal, take
possession of and sell at auction, upon like notice,
sufficient of such goods and chattels to meet the
proportion of rent accrued at the time of such removal;
and the Lessee hereby releases and discharges Lessor,
their agents, from any claims, actions, suits, damages,
and penal ties, for or by reason or on account of any
entry, distraint, levy, appraisement or sale; and/or
B. Hay enter the Demised Premises, and without
demand proceed by distress and sale of the goods,
machinery, equipment, and tools there found to levy the
rent and/or other charges herein payable as rent, and all
costs and officers' commissions, inclUding watchmen's
wages and sums chargeable to Lessor and further including
a sum equal to five (5\) percent of the amount of the
levy as commissions to the constable or other person
makil'g the lp.vy, shall be paid by Lessee and in such
cases all costs, officers' commissions and other charges
shall immediately attach and become part of the claim of
Lessor for rent, and any tender of rent without said
costs, commissions, and charges made after the issue of
a warrant of distress shall not be sufficient to satisfy
the claim of Lessor. Lessee hereby expressly waives in
favor of Lessor the benefit of all laws now made or which
may hereafter be made regarding any limitation as to the
goods upon which, or the time within which, distress is
to be made after removal of goods, and further relieves
- 16 -
. .
the Lessor of the obligation of proving or identifying
such goods, it being the purpose and intent of this that
all goods of Lessee whether upon the Demised Premises or
not, shall be liable to distress for rent. Lessee waives
in favor of Lessor all rights under any and all Acts of
Assembly or Rules of Procedure that have or may hereafter
be passed, or adopted and authorizes the sale of any
goods distrained for rent at any time after five (5) days
from said distraint without any appraisement thereof.
c. May lease said Demised Premises or any part or
parts thereof to such person or persons as may in
Lessor's discretion seem best and the Lessee shall be
liable for any loss of rent for the balance of the then
current term.
22. If rent and/or any charge hereby reserved as rent shall
remain unpaid on any day when the same ought to be paid, 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, costs, and expenses reserved as rent,
or agreed to be paid by Lessee and/or to sign for Lessee and
agreement for entering in any competent court an amicable action or
actions for the recovery of rent or other charges or expenses, an
in said suit or in said amicable action or actions to confess
judgment against Lessee, for all or any part of the rent specified
in this Agreement of Lease and then unpaid including, at Lessor's
option, the rent for the entire unexpired balance of the term of
this Agreement of Lease, and/or other charges, payments, costs, and
expenses reserved as rent or agreed to be paid by the Lessee, and
for interest and costs together with an attorney's commission of
five (5\) percent. Such authority shall not be exhausted by one
exercise thereof, but judgment may be confessed as aforesaid from
time to time as often as any of said rent and/or other charges
reserved as rent shall fall due or be in arrears, and such powers
may be exercised as well after the expiration of the original term
and/or during any extension or renewal of this Agreement of Lease.
23. When this Agreement of Lease shall be determined by
condition broken, either during the original term of this Agreement
of Lease or any renewal or extension ther~of, and also when and as
soon as the term hereby created or any extension thereof shall have
expired, it shall be lawful for any attorney as attorney for Lessee
to file an agreement for entering in any competent court an
amicable action and judgment in ejectment against Lessee and all
persons claiming under Lessee for the recovery by Lessor of
- 17 -
possession of the herein Demised premises, for which this Agreement
of Lease shall be his sufficient warrant, whereupon, if Lessor so
desires a writ of possession may issue forthwith, without any prior
proceedings whatsoever, and provided that if for any reason after
such action shall have been commenced the same shall be determined
and the possession of the Demised Premises remain in or be restored
to Lessee. Lessor shall have the right upon any subsequent default
or defaults, or upon the termination of this Agreement of Lease as
hereinbefore set forth, to bring one or more amicable action or
actions as hereinbefore set forth to recover possession of the said
Demised premises.
24. Lessee expressly waives the benefit of all l~ws, now or
hereafter in force, exempting any goods on the Demised Premises or
elsewhere from distraint, levy, or sale in any legal proceedings
taken by Lessor to enforce any rights under this Agreement of
Lease. Lessee further waives the right to petition for. the said of
any execution on any real estate that may be levied upon to collect
any amount which may become due under the terms and conditions of
this Agreement of Lease, and do hereby voluntarily condemn the same
and authorize the prothonotary to issue a writ or writs of
execution for the sale of the same. If proceedings shall be
commenced by Lessor to recover possession under Acts of Assembly,
either at the end of the term or sooner termination of this
Agreement of Lease, or for nonpayment of rent or any other reason,
Lessee specifically waives the right to any notices required by any
Act of Assembly or rule of Procedure heretofore or hereafter
enacted or adopted and agreed that five (5) days' notice shall be
sufficient in either or any such case.
25. If any amicable action or ejectment and/or for rent in
arrear, Lessor shall first cause to be filed in such action an
affidavit made by it or someone acting for it setting forth the
facts necessary to authorize the entry of judgment, of which facts
such affidavit shall be conclusive evidence, and if a true copy of
this Agreement of Lease (and of the truth of the copy such
affidavit shall be sufficient evidence) be filed in such action, it
shall not be necessary to file the original as a warrant of
attorney, any rule of court, custom or practice to the contrary
notwithstanding.
26. All remedies hereinbefore given Lessor and all rights and
remedies given them by law and equity shall be cumulative and
concurrent. No determination of this Agreement of Lease or the
taking or recovery of the Demised Premises shall deprive Lessor of
any of its remedies or actions against Lessee for rent due at the
- 18 -
time or which, under the terms hereof, would in the future become
due as if there has been no such determination, or for sums due at
the time or which, under the terms hereof, would in the future
become due as if there had ,been no determination, nor shall the
bringing of any action for rent or breach of covenant, or the
resort to any other remedy herein provided for the recovery of rent
be construed as a waiver of the right to obtain possession of the
Demised premises.
27. In the event of default by Lessor under the terms and
provisions of this Agreement of Lease and said default is not
timely cured by Lessor, Lessee shall give written notice by
certified mail to Vendors under the Installment Agreement of Sale
dated December 15, 1992, addressed to Anil Thakrar, 21 Eastgate
Drive, Camp Hill, PA 17011, with copies thereof to Lessor.
28. All notices required to be given must be given by
certified mail, return receipt requested, as follows:
If as to Lessor:
Philip J. Bayer
P.O. Box 96
Herrick, New York 11566
If as to Lessee:
Hihail Livaditis
8643 26th Avenue
Brooklyn, New York 11214
Lessor and Lessee
mutual agreement,
withheld.
may change the aforesaid addresses by writt~n
which agreement will not be unreasonably
29. The failure of either party to insist on strict
performance of any covenant or condition hereof, or to exercise any
option herein contained, shall not be construed as a waiver of such
covenant, condition, or option.
30. Lessee shall from time to time, upon not less than ten
(10) days' prior written notice by Lessee, execute, acknowledge,
and deliver to Lessor a written statement certifying that this
Agreement of Lease is unmodified and in full force and effect (or
that the same is in full force and effect as modified, listing the
instruments of modification), the dates to which the rent and other
- 19 -
charges have been paid, and whether or not to the best of Lessee's
knowledge, Lessor is in default hereunder (and if so, specify the
nature of the default), it being intended that any such statement
delivered pursuant to this paragraph may be relied upon by a
prospective purchaser of Lessor's interest or mortgagee of. Lessor's
interest or assignee of any mortgage upon Lessor's interest in the
Demised premises.
31. Lessee shall not assign, mortgage, or pledge this
Agreement of Lease or underlet or sublease the Demised premises, or
any part thereof, or permit any other person, firm, or corporation
to occupy the Demised premises, or any part thereof, nor shall any
assignee or sublessee assign, mortgage, or pledge this Agreement of
Lease or such sublease, without an additional written consent by
the Lessor, and without such consent no such assignment, mortgage,
or pledge shall be valid.
32. If this Agreement of Lease has not been terminated, and
Lessee is not in default, Lessee may extend the term of this
Agreement of Lease for five (5) separate and successive periods
(renewal terms) of five (5) years each by giving written notice to
Lessor of each renewal not less than ninety (90) days before the
then current lease term expires. The renewal shall be upon the
same terms and conditions that are set forth in this Agreement of
Lease, except that during each renewal term, the basic rent shall
be as follows:
A. For the first five (5) year option, Three
Hundred Thousand ($300,000.00) Dollars, lawful money of
the United states of America, payable in equal monthly
installments of Five Thousand ($5,000.00) Dollars each,
in advance, on the first day of each calendar month
during the term. In addition, at option of Lessor,
Lessee shall pay to Lessor as rent in monthly
installments on the first day of each calendar month one-
twelfth (1/12th) of the annual real estate taxes, fire
insurance, and sewer charges with respect to the Demised
Premises, all as reasonably estimated initially and from
time to time by the Lessor on Lhe basis of prior t.o
existing assessments and bills. In the event a monthly
installment of rent is not received within twenty (20)
days after its due date at such place as specified by
Lessor in writing, a late charge of four (4\) percent of
the unpaid monthly installment of rent shall be charged.
- 20 -
B. For the second five (5) year option, Three
Hundred Ninety Thousand ($390,000.00) Dollars, lawful
money of the united states of America, payable in equal
monthly installments of six Thousand Five Hundred
($6,500.00) Dollars each, in advance, on the first day of
each calendar month during the term. In addition, at
option of Lessor, Lessee shall pay to Lessor as rent in
monthly installments on the first day of each calendar
month one-twelfth (l/12th) of the annual real estate
taxes, fire insurance, and sewer charges with respect to
the Demised Premises, all as reasonably estimated
initially and from time to time by the Lessor on the
basis of prior to existing assessments and bills. In the
event a monthly installment of rent is not received
within twenty (20) days after its due date at such place
as specified by Lessor in writing, a late charge of four
(4%) percent of the unpaid monthly installment of rent
shall be charged.
C, For the third five (5) year option, Four
Hundred Fifty Thousand ($450,000,00) Dollars, lawful
money of the United states of America, payable in equal
monthly installments of Seven Thousand Five Hundred
($7,500.00) Dollars each, in advance, on the first day of
each calendar month during the term. In addition, at
option of Lessor, Lessee shall pay to Lessor as rent in
monthly installments on the first day of each calendar
month one-twelfth (1/12th) of the annual real estate
taxes, fire insurance, and sewer charges with respect to
the Demised Premises, all as reasonably estimated
initially and from time to time by the Lessor on the
basis of prior to existing assessments and bills. In the
event a monthly installment of rent is not received
within twenty (20) days after its due date at such place
as specified by Lessor in writing, a late charge of four
(4%) percent of the unpaid monthly installment of rent
shall be charged.
D. For the fourth five (5) year option, Five
Hundred Ten Thousand ($510,000.00) Dollars, lawful money
of the united states of America, payable in equal monthly
installments of Eight Thousand Five Hundred ($8,500.00)
Dollars each, in advance, on the first day of each
calendar month during the term. In addition, at option
of Lessor, Lessee shall pay to Lessor as rent in monthly
installments on the first day of each calendar month one-
- 21 -
tweltth (1/12th) ot the annual real estate taxes, tire
insurance, and sewer charges with respect to the Demised
premises, all as reasonably estimated initially and trom
tille to time by the Lessor on the basis at prior to
existing assessmentE and bills. In the event a monthly
installme~t of rent is not received within twenty (20)
days atter its due date at such place as specitied by
Lessor in writing, a late charge ot tour (4\) percent ot
the unpaid monthly installment ot rent shall be charged,
E. For the titth tive (5) year option, Five
Hundred Seventy Thousand ($570,000.00) Dollars, lawful
1I0ney ot the United States ot America, payable in equal
monthly installments of Nine Thousand Five Hundred
($9,500.00) Dollars each, in advance, on the first day of
each calendar month during the term. In addition, at
option ot Lessor, Lessee shall pay to Lessor as rent in
monthly installments on the tirst day of each calendar
month one-twelfth (1/ 12th) of the annual real estate
taxes, fire insurance, and sewer charges with respect to
the Demised Premises, all as reasonably estimated
initially and from time to time by the Lessor on the
basis ot prior to existing assessments and bills. In the
event a monthly installment ot rent is not received
within twenty (20) days after its due date at such place
as specified by Lessor in writing, a late charge of four
(4\) percent of the unpaid monthly installment of rent
shall be charged.
33. All rights and liabilities herein given to or imposed
upon, the respective parties hereto shall extend ~o and bind the
several and respective heirs, executors, administrators,
successors, and assigns of such parties; provided, however, that no
rights shall inure to the benefit of any assignee of Lessee unless
the assignment to such assignee has been approved by Lessor in
writing as herein provided.
34. Should the Lessee, with or without the express or implied
consent ot the Lessor, continue to hold and occupy the Demised
Premises after the expiration of the term of this Agreement ot
Lease, such holding over beyond the term and acceptance or
collection of rent by Lessor, shall operate and be considered as
creating a tenancy frol4 month to month, and not for any other term
whatsoever, but the same may be terminated by the Lessor by giving
the tenant thirty (30) days written notice thereof, and at any time
thereafter the Lessor may re-enter and take possession of the
- 22 -
.
, .Demised premises, any rule in law or equity to the contrary
notwithstanding,
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seal the day and year first above written.
(SEAL)
Ph P J.
(SEAL)
~~'
(SEAL)
rk,o,/,,.}~. 11h;>Y.<l!.."l<l,..{') (SEAL)
Vasillos DIakomihalis
I
,
i
,
'<-I'
'"
- 23 -
Pol," de. (R... E.....'
LEGAL DESCRIPTION
ALL THOSE TWO parcels or tracts of land with the improvements thereon creetcd situatc in the
Township of Hampdcn, Cumberland County, I'clmsylvania, and morc particularly bounded and
dcseribcd as follows:
TRACT I
BEGINNING at a point on the sou!hern lcgal right-of-way Iinc of V,S. Routc II (L. R,34) which
point is 146,27 feet eastwardly from a point on said southern right-of-way Iinc which is the
northcastern corner of lands now or fornlerly of Atlantie Richlield Rclining Co, and whieh point
is thc northwest corncr of Lot "A" on the hcreinafter mentioned Final Subdivision Plan; !hencc
eastwardly along said legal right-of-way line by a eurve to !hc left having a radius of 2914.93
fcct and a Icngth of 69,69 feet along said right-of-way line; !hence cOl1tinuing castwardly along
said right-of.way line by a curve to the left having a radius of2814,93 feet and a leng!h of28,32
feet to a point at the northwestern corner of Lot "C" of said Plan; thence along !he western line of
land of Lot "C" the following eourscs and distances: (I) south I degree 34 minutes 47 seconds
east a distance of 175 feet to a concrete monument; (2) south 63 degrees 25 minutes 13 seconds
west, a distanee of 40 feet to a concrete monument; (3) south 76 degrees 32 minutes 53 seconds
west, a distanee of 39,59 feet to a concrete monumenl; (4) north 86 degrees 17 minutes 47
seconds west a distance of 50 feet to a conerete monument at the southeast comer of Lot 2 of said
Plan; !henee along said Lot 2 north 84 degrees 45 minutes 13 seconds east 32 feet to a point on
the eastern line of Lot 2; thence continuing along same north 00 degrees 11 minutes 47 seconds
west 221.11 feet to a point, the Place of Beginning,
BEING Lot "A" on the Final Subdivision Plan of Two (2) Tracts of Land for Irene E, Stough,
Stough Mobile Homes, Inc., prepared by Whitlock & Hartman, dated Novernber 10, 1982 and
recorded in Plan Book 42, Page 125.
BEING that traet of ground which William H, Stough and Betty E. Stough by their deed dated
November 18, 1964 and reeorded in the Recorders Ofliee in and for Cumberland County in Deed
Book "K", Volume 21, Page 846, conveyed to Irene E, Stough, less !hat which the
Commonwcal!h condemned pursuant to a Declaration of Taking filed on June 8, 1967 to No. 429
Septembcr Tcrm 1967 in Cumberland County, Pennsylvania,
EXCEPTING AND RESERVING unto Irene E, Stough, her heirs and assigns, !hc full, free
Iibcrty and right hcrcafter forcvcr, to havc, usc and rnaintain any watcr lines within thc tract
hcrcby eonveyed whieh provides water to other lands of Irene E, Stough or Stough Mobile
Homes, Inc.
BEING THE SAME PREMISES !hat Irene E. Stough, aIkIa Betty E. Stough, by her deed datcd
Deeember 30, 1982, anJ recordcd in the Office of the Recordcr of Deeds in and for the County of
Cumberland, Pennsylvania, in Deed Book "A", Volume 30, Page 63, grantcd and conveyed unto
Cumberland County Industrial Development Authority.
Athens Diner Property - Agreement of Lease - Payment Record as of 10/16/97
Date Rent LateChg Payment Balance
1m
5/1 4,666.65 . 4,666,65
5/16 186.67 4,853.32
6/1 4,000.00 8,853,32
6/16 160.00 9,013.32
7/1 4,000.00 13,013.32
7/16 160.00 13,173.32
7/29 13,173.32 (A) 0.00
8/1 4,000.00 4,000.00
8/16 160.00 4,160.00
9/1 4,000.00 8,160.00
9/16 160.00 8,320,00
9/23 8,320.00 (8) 0.00
10/1 4,000,00 4,000.00
10/16 160.00 4,160.00
11/1 4,000,00 8,160.00
11/13 8,160.00 IC) 0.00
12/1 4,000.00 4,000.00
12/16 160. 00 4,160.00
. Thi. includ.. r.ntal charg. for 4/26-5/1
Payment..
(A) $15,000.00 r.c.iv.d, balance of 1,826.68 applied to lAB
(B) $15,000.00 r.ceiv.d, balance of 6,6BO.00 applied to lAB
(C) $9,067.03 receiv.d, balancy of 907.03 applied to lAB
7)1\.I1l
6"./11 b. t lit? II
Athens Diner Property - Agreement of Lease - Payment Record as of 10/16197
Date Rent lateChg Payment Balance
1221
ro..'d 4,160.00 "
1/1 4,000.00 8,160,00
1/16 160.00 8,320.00
1/28 5,000,00 3,320.00
2/1 4,000.00 1,320.00
2/16 160.00 1,480.00
3/1 4,000.00 11,480.00
3/1 6,000.00 5,480.00
3/16 160,00 5,640.00
4/1 4,000.00 9,640,00
4/10 5,000.00 4,640.00
4/16 160.00 4,800.00
5/1 4,000,00 8,800.00
5/15 6,000.00 2,800.00
5/16 160.00 2,960.00
60 4,000,00 6,960.00
6/10 6,000,00 960,00
6/16 160.00 1,120.00
1/1 4,000.00 5,120.00
1/16 160.00 5,280.00
8/1 4,000,00 9,280.00
8/16 160.00 9,440.00
9/1 4,000.00 13,440.00
9/16 160.00 13,600.00
10/1 4,000.00 11,600.00
10/16 160.00 11,160.00
7111.11l
Paae 2
, '.
INSTALLMENT AGREEMENT OF SAL~
TillS AGREEMENT as of the ~ day of Fe. In-V-T;j?' ,1996,
by and between PIIILiv J. DAYER, of ~.O. Box 96, Merrie New York
11566 (hereinafter called "Seller") and MIIlAIL LIVADITIS, GREGORY
DIMARIIOS and VASILIOS DIAKOMIIlALIS 9f 0643 26th Avenue, Brooklyn,
, ")
New York 11211 (hereinafter called "Buyer .
WITNESSETH:
,
The parties hereto, intending to be legally bound, mutually
agree as follows:
1. Seller hereby agrees to sell to Buyer, who hereby agrees
to purchase, subject to the performance by Buyer of all the
covenants, provisions, and conditions hereinafter set forth the
building at 5510 Carlisle Pike, Hampden Township, Cumberland
county, Pennsylvania, and the remaining restaurant equipment
formerly used in the business of the "Carlisle Pike Palace Diner"
as more particularly limited, described, and set forth in Exhibit
"A" hereto attached and incorporated herein by reference
(hereinafter called "property"). This sale does not include the
land.
2. Buyer shall pay to Seller for the Property the sum of
Five Hundred Thousand ($500,000.00) Dollars which shall be
allocated Four Hundred Thousand ($400,000.00) Dollars to building
and One Hundred Thousand ($100,000,00) Dollars to equipment listed
in Exhibit "A", payable as follows:
A. One Hundred Thousand ($100,000,00) Dollars in
cash or certified check at settlement. It is underGtood
that Twenty Thousand ($20,000.00) Dollars of this amount
is being held in e~crow by commercial Realty Group, Inc.
B. The bi\lance of the purchase price in the amount
of Four Hundred Thousand ($400,000.00) Dollars, lawful
money of the United States of America, with interest at
the rate of nine (9\) percent per annum on the unpaid
principal b~lance, within ten (10) years from the
settlement date. Said principal and interest are payable
in monthly installments of Five Thousand sixty-Seven
Dollars and Tt,ree Cents ($5,067.03) each, the first
monthly installment shall be due and payable sixty (60)
days after the settlement date. The 'next monthly
installment shall be due and Davable on the first (1st)
May, 1996, and monthly thereafter until the balance
of the purchase price, together with interest,
and all other accrued indebtedness shall have
been paid in full by Bayer: The pa~cnt due on
6 V h, 6 ,f "e If
--"-' ;:--.~_.-:'--.
May 1, 1996, will' include 1riterest trom Aprl1 26,
1996, to April 30, 1996, so that all payments
thereafter shall be due and payable on the first
(1st) day of each month. The said monthly installments
are to be applied first to interest at the rate as
aforesaid, and the balance of each monthly installment
shall be applied on account of any other accrued
indebtedness and then on account of principal.
Buyer shall have the right to make payments'on
account of principal in any amount at any time
without penalty, Time shall be of the essence
in making all payments.
C. ,Buyer shall pay a late charge equal to five
(5') percent of the monthly installment, if said monthly
installment is not received by Seller within ten (10)
days trom the due date of said installment.
3. Buyer shall be entitled to possession at the time of
settlement atter execution of this Installment Agreement of Sale
and the payment of monies required at the time of or prior to
settlement.
4. The restaurant equipment listed on the attached
Exhibit "A", all plumbing fixtures, electrical system, and HVAC
system shall be in good working order by the time of settlement and
for thirty (30) days thereafter. Subject to the aforesaid
warranty, settlement shall constitute agreement that the
same are in good working order. The Buyer agrees to maintain
and repair said equipment, plumbing fixtures, electrical
system, and HVAC system in good working order and condition
and in the event any equipment, plumbing fixtures, electrical
system, and HVAC system is lost, stolen, mislaid, damaged,
or d~stroyed, the Buyer agrees to replace the same with
like kind equipment, plumbing fixtures, electrical system, and HVAC
system subj~ct to the Seller's prior approval which will not be
unreasonably withheld. Any new equipment installations shall
require the Seller's approval which shall not be unreasonably
withheld, all costs associated with such approval shall be at
Buyer'S expense.
5. Buyer shall pay all other charges and expenses in
connection with the Property as additional indebtedness to Seller.
without limiting the generality of the foregoing, the Buyer agrees
to pay:
A. Taxes.
(1) "Taxes". The term "Taxes"
mean the aggregate of the real estate
assessments, municipal claims, and
shall
taxes,
other
- 2 -
governmental charges and levies, general and
special, ordinary and extraordinary, forseen
and unforseen, of any kind or nature what-
soever (including, without limitation,
assessments for public improvements or benefits
and interest on unpaid installments thereof)
which may be lievied, assessed, or imposed or
become liens upon the Property, or which arise
out of the uS,e, occupancy, or possession of
the Property (land, leasehold improvements,
betterments, and other permanent improvements)
trom time to time. The term "Taxes" shall
not, however, include inheritance, estate,
succession, transfer, gift, franchise,
corporation, income, or profit tax imposed
upon Seller, nor penalties imposed upon Seller
tor Seller's delinquent payment of taxes.
(2) Buver's Tax Charqe. Buyer shall pay
Taxes on the buildings, structures and
improvements constituting the property.
(3) Reimbursement. Buyer shall pay (or
reimburse Seller upon demand if the same are
levied &gainst Seller or the Property), before
expiration of the "face" period, any and all
Taxes and Buyer shall submit a copy of the
paid bill to Seller within thirty (30) days
after payment.
(4) Other Charqes. Buyer shall have the
right (but not the obligation), if permitted
by law, to make installment payments of any
assessments levied against the property.
Buyer shall have the sole, absolute, and
"nrestricted right (but not the Obligation) to
contest the validity or amount of any Taxes by
approp:date proceedings, and if Buyer shall
VOluntarily institute any such contest, they
shall have the sole, absolute, and
unrestricted right to settle any negotiation,
contest, proceeding, or action upon whatever
terms Buyer may, in their sold discretion,
determine. In the event Buye.r receives any
refund of such Taxes (and provided Buyer is
not then in default under this Installment
Agreement of Sale) Buyer shall retain such
refund.
- 3 -
hereunder, such insurance to afford
protection to the limit of not less
than One Million ($1,000,000.00)
Dollars.
"
,
(0) The aforementioned
policies shall also oontain a'
provision that they cannot be
oancelled or amended except upon
thirty PO) days prior notice to
Seller. In addition, Buyer shall
submit to Seller the appropriate
Certificates of Insurance evidencing
such policies if 50 requested, and
this insurance coverage will be
maintained during the duration of
this Installment Agreement of Sale.
(d) Under said policy or
policies of insurance, the Buyer
shall be the "named insured" and the
Seller, holder of any mortgage
and/or Installment Agreement of Sale
dated D~cember 15, 1992, on the
Property, if any, and whose name is
furnished in writing by Seller,
Mortgagee, or Vendor under
Installment Agreement of Sale dated
December 15, 1992, to Buyer, shall
be named as "additional insureds".
Buyer agrees to cause the insurance
companies issuing the aforesaid
polices of insurance to forward to
Seller Policies, Memorandum
Policies, or certificate of
Insurance, to the Seller within
fifteen (15) days of the issuance or
renewal of said policies.
D. Failure of Buyer to make timely payment of
Taxes, sewer service charges, municipal olaims,
assessments, and insurance premiums shall give Seller the
option to make payment thereof and to add the amount
paid, with interest or penalties, together with a five
(5%) percent accommodation charge to the payments
otherwise required under this Installment Agreement of
Sale. At option of Seller, Buyer shall pay to Seller on
the day monthly installments of principal and interest
"
- 5 -
"
are payable under this Installment AGreement of Sale
until the obligations secured by this Installment
Agreement of Sale are paid in full, a sum equal to one
twelfth (1/12) of the yearly Taxes, sewer service
charges, and assessments which may attain priority over
this Installment AGreement of Sale, plus one-twelfth
(1/121 of the yearly premium installments for' insurance,
all as reasonably estimated initially and from time to
time by the seller on the basis of prior or existing
assessments and bills and upon reasonable estimates made
by Seller of what they may be. Said payments shall be
deposited in a separate bank account in the name of
Seller and not commingled with any other accounts. If
Seller exercises said option, Seller shall promptly pay
said Taxes, sewer service charges, assessments, and
insurance premiums within thirty (30) days of receipt of
bills for the same and shall provide the Buyer with an
accounting of the same. If the amount of funds held by
the Seller, together with the future monthly installments
of funds payable prior to the due date of Taxes, sewer
service charges, assessments, and insurance premiums
shall exceed the amount required to pay said Taxes, sewer
service charges, assessments, and insurance premiums, as
they fall due, such excess shall be, at the Buyer'S
option, either promptly repaid to the Buyer or credited
to the Buyer en monthly installments, If the amount of
funds held by the Seller shall not be sufficient to pay
Taxes, sewer service charges, assessments, and insurance
premiums as they fall due, Buyer shall pay to Seller any
amount necessary to make up the deficiency within thirty
(30) days from the date notice is mailed to the Buyer by
the Seller requesting such payment.
E. Repairs and Maintenance.
(1) Buyer shall maintain all exterior
structural portions of the property, including
without intending to limit the generality of
the foregoing, its walls, roofs, rain gutters,
foundation, exterior painting, and matters of'
like nature. Buyer shall further be
responsible for all interior maintenance and
repairs, inCluding maintenance and
replacement, if necessary, of the heating,
plumbing, and air conditioning equipment
located within the structure; and Buyer shall
be responsible for loss of any kind due to the
failure of the same from any cause whatsoever.
- 6 -
Buyer shall also be responsible for all
exterior maintenance of the real estate,
including the parking lot, striping thereof,
driveway, curbing, and snow and ice removal.
(2) Buyer shall maintain and service all
matters concerning the Property and agrees to
deliver up the Property at the expiration of
lhe term of the term in the same good order
and condition as received, ordinary wear
excepted.
(3) Buyer shall keep the Property clean
and free from all ashes, dirt, and other
refuse matters; replace all glass windows,
doors, etc., broken; keep all waste and drain
pipes open; keep the same in good repair and
order as they now are, reasonable wear and
tear and damage by accidental fire or other
casualty not occurring through negligence of
Buyer or those employed by or acting for Buyer
along excepted. Should the Buyer fail tl)
comply with the provisions of this clause of
the Installment Agreement of Sale, Seller may
enter the Property and remove said refuse,
make said replacements, or make said repairs
and do all other things as herein provided to
be done by the Buyer at the expense of the
Buyer, and said expense thus incurred may also
be collected as additional rent under the
Installment Agreement of Sale.
(4) Buyer agrees to clean off from the
sidewalks, parking lots, and driveway all snow
before it shall have frozen and become
hardened. Should the Buyer fail to comply
with the provisions of this clause of the
Agreement of Lease, the Seller may enter the
Property and remove the same at the expense of
the Buyer, and said expense thus incurred may
also be collected as additional rent under the
Agreement of Lease.
"
i
i
I
!
I
I
(5) Buyer shall commit no act of waste
and shall take good care of the Property and
the fixtures and appurtenances therein, and
shall, in the use and occupancy of the
Property, conform to all laws, orders, and
- 7 -
, "
regulations of the federal, state, and
municipal govcrments, or any of their
departments, and regulations of the American
Insurance Association, applicable to the
Property. Duyer shall observe and comply with
such rules and regulations as Seller may
prescribe, on written notice to Buyer, for the
safety, care, and cleanliness of the Property
and the comfort, quite, and convenience of
persons using the same.
6. Hazardous Material; Indemnity.
A. Buyer shall not cause or permit any Hazardous
Material to be brought upon, kept, or used in or about
the property by Buyer, its agents, employees,
contractors, or invitees, without the prior written
consent of Seller (which Seller shall not unreasonably
withhold as long as Buyer demonstrates to Seller's
reasonable satisfaction that such Hazardous Material is
necessary or useful to Buyer's business and will be used,
kept, and stored in a manner that complies with all laws
regulating any such Hazardous Material so brought upon or
used or kept in or about the Property). If Buyer
breaches the obligations stated in the preceding
sentence, or if the presence of Hazardous Material on the
Property caused or permitted by Buyer results in
contamination of the property, or if contamination of the
property by Hazardous Material otherwise occurs for which
Buyer is legally liable to Seller for damage resulting
therefrom, then Buyer shall indemnify, defend and hold
Seller harmless from any and all claims, judgments,
damages, penalties, fines, costs, liabilities, or losses
(including, without limitation, diminution in value of
the Demises premises, damages for the loss or restriction
on use of usable space or of any amenity of the Property,
damages arising from any adverse impact on marketing of
space, and sums paid in settlement of claims, attorneys'
fees, consultant fees and expert fees) which arise during
or after the lease term as a result of such
contamination, This indemnification of Seller by Buyer
includes, without limitation, costs incurred in
connection with any investigation of site conditions or
any cleanup, remedial, removal, or restoration work
required by any federal, state, or local government
agency or political subdivision because of Hazardous
Material present in the soil or ground water on or under
the P:t"operty. without limiting the foregoing, if the
- B -
prell~nce of any Hazardous Material on the Property caused
or permitted by Duycr rosults in any contamination of the
Property, Duyer shall promptly take all actions at its
sole expense as arc necessary to return the Property to
the condition existing prior to the introduction of any
such Hazardous Material to the property; provided that
Seller's approval of such actions shall first be obtained,
which approval shall not be unreasonably withheld so
long as such actions would not potentially have any
material adverse long-term or short-term effect on the
Property.
B. As used herein, the term "Hazardous Material"
means any hazardous or toxic substance, material, or
waste which is or becomes regulated by any local
governmental authority, the state of Pennsylvania, or the
United states Government. The term "Hazardous Material"
includes, without limitation, any material or substance
that is (i) defined as a "hazardous substance" under
appropriate state law provisions, (ii) petroleum, (iii)
asbestos, (iv) designed as a "hazardous substance"
pursuant to Section 311 of the Federal Water Pollution
Control Act (33 U.S.C. 51321), (v) defined as a
"hazardous waste" pursuant to Section 1004 of the Federal
Resource Conservation and Recovery Act, 42 U.S.C. 56901,
~~. (42 U.S.C. 59601), or (vii) defined as a
"regulated substance" pursuant to SUbchapter IX, Solid
Waste Disposal Act (Regulation of Underground storage
Tanks), 42 U.S.C. 56991 et ~,
7. Buyer shall not permit any mechanic's, materialman's,
contractor's, or subcontractor's liens arising from any
construction work, repair, restoration, removal, or any other
claims or damages to be enforced against the Property or any part
thereof. Seller shall have the right at any time to post and
maintain upon the property such notice as may be necessary to
protect Seller against liability for any such liens or otherwise.
Buyer shall give the Seller prior written notice at the start of
any work or the delivery of any material connected with any such
work of construction, repair, restoration, or removal occurring
after the commencement of the term hereof. If any mechanic's or
other lien or other order for the payment of money or any notice of
intention to file the same shall be filed against the Property or
the building of which the Property are a part, by reason of or
arising out of any labor or materials furnished or alleged to have
been furnished to or for the benefit of the Property for or by
reason of any construction, repair, restoration, removal,
alteration, addition, improvements, or changes or the cost thereof,
- 9 -
made, incurred, or alleged to have been made or incurred by Buyer,
its agents; 'servants or employees, Buyer shall cause the same to
be cancelled and discharged of record by bond or otherwise as
allowed by law at tho expense of Buyer within five 151 days after
the filing thereof; and Buyer shall also defend on behalf of the
Seller, at Buyer's solc cost and expense, any action, suit, or
proceeding which might be brought thereon or for enforcement of
such lien, liens, or orders, and Buyer shall pay any damage and
satisfy and dischargc apy judgement entered thereof and savc
harmless Seller from any claim or damagc resulting therefrom.
8. Seller reserves the right to enter upon the property at
all reasonable hours for the purpose of inspecting the same, or of
making repairs, additions, or alterations thereto or to the
building of which the Property is a part. The exercise by Seller
of any such rights hereunder shall not be deemed an eviction or
disturbance of Buyer'S use, enjoyment, or possession of the
Property.
9. Buyer covenants and agrees that they will promptly
without demand use every reasonable precaution against fire and
give prompt written notice of any accident, fire, or other damage
occurring on or in the Property,
10. Buyer covenants and agrees that they will do none of the
following things without the consent in writing of Seller first had
and obtained, which consent shall not be unreasonably withheld:
A. Occupy the Property in any other manner or for
any other purpose than as a restaurant or any other
lawful business;
B. Make any alterations, additions, or
improvements in, to, or about the property;
C. Assign, mortgage, pledge, or encumber this
Agreement of Lease in whole or in part, or underlet the
Property or any part thereof;
D. Use or operate any machinery that is harmful to
the Property or the buildings of which it is a part;
E. Place
Property beyond
structure;
any weights in any
the safe carrying
portion
capacity
of
of
the
the
F. Do or suffer to be done any act, matter, or
thing objectionable to the fire insurance company whereby
- 10 -
the fire insurance or other insurance now in force or
hereafter placed on the property, or any part thereof,
shall become void or suspended, or whereby the same shall
be rated as a more hazardous risk than at the commence-
ment of the term of this Agreement of Lease, or employ
any person or persons objectionable to the fire insurance
company or carry or have in and about the property any
articles or matter which may be prohibited by the fire
insurance company. Buyer agrees to pay to Seller as
additional rent any and all increases of premium on
insurance carried by Seller caused by a breach of this
covenant;
G. Do or cause or permit anything to be done on or
about the Property which shall in any way conflict with
or violate any township, municipal, county, state or
federal law, ordinance, rule or regulation now in force
or which may hereafter be in force;
H. Do, commit, or suffer to be done any waste or
any nuisailce upon the Property;
I. Remove, attempt to remove, or manifest an
intention to remove equipment from or out of the Property
otherwise than in the ordinary and usual course of
business or repair or replacement of such property
without first having paid and satisfied Seller for the
unpaid balance of principal, interest, or any other
indebtedness for which Buyer is responsible;
J. Vacate or desert the property during the term
of this Installment Agreement of Sale or permit the same
to be empty or unoccupied.
11. If the Property shall be damaged by fire or any other
cause, the risk of loss shall be on Buyer.
12. Buyer hereby covenants and agrees to be responsible for
and to relieve and hereby release Seller from all liability by
reason of any damage or injury to any person or property or thing,
or loss of life, which may arise from or be caused by the use,
misuse, or abuse of the Property and its appurtenances by Buyer,
its agents, servants, visitors, or licensees, the failure of Buyer
to comply with the performance of any or all of the covenants or
conditions of this Installment Agreement of Sale, the operation of
its business in or about the Property or from any other cause
whatsoever on or about the Property or the buildings of which the
- 11 -
Property are a part, except 'damage or injury caused by the acts or
negligence of Seller, its agents, servants, or employees.
13. If the Property or any part thereof or any other estate
therein, or any other part of the building materially affecting
this Installment Agreement of Sale shall terminate on the date when
title vests pursuant to such taking, the monthly payment shall be
apportioned as of said date and any monthly payment for any period
beyond said date shall be repaid to Buyer. Buyer shall not be
entitled to any part of the award allocated to building and
remaining restaurant equipment used in the restaurant business or
any payment in lieu thereof, unless such award or pa~nent is in
excess of the unpaid balance of principal, interest, all accrued
indebtedness, and rent owed by Buyer to Seller of Farmers Trust
Company Mortgage and of Installment Agreement of Sale dated
December 15, 1992.
14. This Installment Agreement of Sale may be recorded at the
ottice ot Recorder of Deeds of Cumberland county, Pennsylvania.
15. The building is being conveyed free and clear of all
liens, and encumbrances, excepting the following: existing deed
restrictions, municipal ord\nances, privileges or rights of public
service companies, if a~y, agreements or like matters of record,
Installment Agreement of Sale dated December 15, 1992, by and
between Anil C. Thakrar and Neema Thakrar, Dusan Bratic and
Kathleen M. Bratic, Kenneth K. Berry, and Janis L. Wolf, therein
"Vendors", and Nicholas Vratsanos, Andrew V. Vratsanos, and
Philip J. Bayer, therein "purcr-asers"), mortgage to Farmers Trust
Company, and easements or restrictions of record or visible by
inspection. otherwise, the title to the buildir,g shall be good and
marketable such as will be insured by a licensed title insurance
company at regular prices. In the event Seller is unable to give
a good and marketable title such as will be insured by a licensed
title insurance company subject to the aforesaid, Buyer shall have
the option of taking such title as Seller can give, without
abatement of price or of being repaid all monies paid by Buyer to
Seller on account of the purchase price. In the latter event,
there shall be no further liability or obligation as to either
party concerning this Installment Agreement of Sale which
thereafter shall be null and void.
16. Upon payment by Buyer of the purchase price in the amount
and manner hereinbefore set forth, any other accrued indebtedness
provided for herein, and upon compliance with the terms and
provisions set forth herein, Seller agrees to execute and deliver
to Buyer a Bill of Sale for the equipment listed in Exhibit "A" and
- 12 -
a special warranty deed for the bui~d,ing. The building is to be
conveyed clear of all liens and encumbrances except deed ,
restrictions, municipal ordinancus, privi~pges or rights of,publ~c
service companies, casement or restriciton of record or vis~ble by
inspection, or liens or encurmbrances entered against Buyer.
Settlement shall be made on or before the thirtieth (30th) da~
following the date of full compliance with the terms and prov~sions
'set forth herein. ' State and local real estate transfer taxes,
if any, shall be shared equally by the Seller and the Buyer.
, "
17. This Installment Agreement of Sale is subject to and
subordinate to terms and provisions of a mortgage to Farmers Trust
company and terms and provisions of the Installment Agreement of
Sale dated December 15, 1992, and this Installment Agreement of
Sale will be subordinate to any renewals, modifications,
consolidations, and replacements of underlying mortgages or
underlying Installment Agreement of Sale dated December 15, 1992.
The net proceeds of any mortgage executed and delivered by Seller
shall b~ applied on account of the unpaid principal balance and
interest on the Installment Agreement of Sale dated December 15,
1992, and the unpaid balance of principal and interest in the
Farmers Trust Company Mortgage. Buye!;' agrees to execute and
deliver documents to effect such subordination. Buyer hereby
appoints Seller attorney in fact, irrevocably, to execute and
deliver any such document for Buyer. Seller warrants and
represents that Seller is not in default and is current on his
existing Obligations relating to the Property under the Installment
Agreement of Sale dated December 15, 1992, and Seller will continue
to make timely payment required thereon. In the event that Seller
is in default under the terms and provisions of the Installment
Agreement of Sale dated December 15, 1992, and said default is not
timely cured, Buyer may make the payment due to Seller hereunder to
the Vendors in the Installment Agreement of Sale dated December 15,
1992, and any such payment shall be applied to any indebtedness of
Seller under said Installment Agreement of Sale dated December 15,
1992.
18. Notice of entry of any mortgage, judgement,' lien, or
other encumbrance affecting title to said Property received by the
Seller after the date of the execution of this Installment
Agreement of Sale shall be given by the Seller to the Buyer within
fifteen (15) days of the recording thereof in the county
Courthouse.
A. In the event of any mortgage, Installment
Aqreement of Sale, judgment, lien, or other encumbrance
affecting title to the Property existing at the date of
the execution of the Installment Agreement of Sale or
hereinafter entered of record and default in the payment
- 13 -
of said is made by the Seller, then Buyer shall have the
right to make the delinquent payments and to receive
credit for the full amount of said payments made by the
Buyer and to deduct the amount thereof from the required
monthly payments under this Installment Agreement of
Sale. Prior to exercising the rights stated in this
paragraph, Buyer shall give seller fifteen, (15) days
notice by certified mail of his intent to do so.
B. Seller assumes all responsibility to
renegotiate with his Seller any consent ~equired to sell
the property by this Installment Agreement of Sale.
19. For purposes of nonpayment, default shall be defined as
failure to make the monthly payments or any other payments due and
payable by Buyer under this Installment Agreement of Sale within
thirty (30) days of the due date of such payment. As to any other
terms and conditions of this Installment Agreement of Sale other
than nonpayment, default shall occur at such time as Buyer fails to
comply with any such term or condition.
A. In the event of a default by Buyer, Seller
shall immediately notify Buyer by certified mail, return
receipt requested, or by personal service, of the nature
of the default and Buyer shall have fifteen (15) days
from the receipt of said notice to cure said default, In
the event that Buyer does not cure said default within
the aforesaid fifteen (15) days, Seller shall have the
option of suing for specific performance or terminating
this contract.
B. If' 'Seller shall elect to terminate this
contract, the Seller may retain all payments made by
Buyer and may recover principal, interest, and any other
indebtedness which shall be then due and payable or which
shall thereafter become due and payable until Buyer shall
vacate the Property, which total sum is hereby agreed to
constitute liquidated damages for breach of this
Installment Agreement of Sale and may be retained by
Seller. Buyer further acknowledges that Buyer will lose
all rights in the Property which are the subject of this
Installment Agreement of Sale, as well as all rights to
any additions, alterations, and improvements made
thereon. In the event of default by Buyer, the rights
and interest of Buyer under this Installment Agreement of
Sale shall become null and void and of no effect and
Buyer shall thereafter have no interest in the property.
- 14 -
Seller may thereafter deal with the property as though
this Agreement had not beon made. Buyer agrees to
inunediately vacate the Property upon default and failure
to timely cure said default after receipt of notice of
default.
C. If this Installment Agreement of Sale has been
recorded, Seller shall file an Affidavit of Default and
Termination which, when recorded, shall be conclusive
evidence of Seller's right to thereafter deal with the
Property as though this Installment Agreement of Sale had
never been made.
D. If the Property is damaged during the time that
Buyer has been purchasing the property under this
Installment Agreement of sale, it is hereby agreed by
Buyer that should Seller pursue and secure a judgment
against them for such damages, Buyer shall be responsible
for reimbursing Seller for said damages in addition to
the liquidated damages set forth above.
E. Failure of either party to comply with all the
terms or conditions of this contract will obligate that
party to pay all expenses, including reasonable
attorney's fees, incurred by the other party as a result
of that failure.
20. In the event Buyer shall fail to timely cure a default
after notice is given pursuant to the terms and provisions of this
Installment Agreement of Sale, then and in such case the whole of
the principal sum and interest thereon, together with any other
charges, expenses, or costs herein agreed to be paid by Buyer,
shall, at the option of the Seller forthwith become due and
payable. And in such case, the Buyer hereby authorizes and
empowers any attorney of any court of record in the commonwealth of
pennsylvania or elsewhere to appear for Buyer and confess judgment
against Buyer for the whole principal sum and interest remaining
unpaid hereon, together with any other charges, expenses, or costs
herein agreed to be paid by the Buyer, with ten (10%) interest
attorney's conunission or fee, and costs of suit; hereby waiving the
right of exemption and inquisition, so far as the land herein
descrihed, and any property or building thereon may be concerned.
Or the Seller may, at his option, terminate this Installment
Agreement of Sale and demand immediate possession of said property,
and thereupon all rights and obligations under this Installment
Agreement of Sale shall cease and terminate, and all payments made
by Buyer shall be retained by seller as liquidated damages. If
Buyer has possession of the property at the time the Seller shall
- 15 -
declare this Installment Agreement of Sale terminated, Buyer hereby
authorizes any attorney of any court of record to sign an agreement
for entering in any competent court an amicable action and judgment
in ejectment against Buyer and all persons claiming under Buyer,
for the recovery by Seller of possession of the Property, for which
this shall be sufficient warrant; and thereupon a writ of
possession may issue forthwith without any prior proceedings
whatsoever, and Buyer hereby releascs Seller from all errors and
defects whatsoever in entering such action of ejectment, or causing
such writ of possession to be issued, or any proceeding thereon, or
concerning the same, hereby agreeing that no writ of error,
objection or exception shall be made or taken thereto. Such
authority shall not be exhausted by one exercise thereof, but a
judgment may be confessed as aforesaid from time to time as often
as a breach of this Installment Agreement of Sale shall be
committed by buyer, and Buyer specifically agrees that if any
action shall be commenced hereunder and shall have been for any
reason discontinued any authority herein conferred shall not be
lost, but that upon any subsequent breaches by Buyer, Seller, at
his discretion, may have onc or more additional confessions of
judgment in ejectment and writs of possession to cover said
premises, as above authorizcd, if then permitted by law. Buyer
hereby authorizl!!s any sheriff or other official with property
authority to enforce and effectuate any judgment lawfully entered
by virtue of the warrant and authority hereby given by Buyer.
21. The Buyer may not assign this Installment Agreement of
Sale, nor may the Property be sold by the Buyer by means of an
Installment Agreement of Sale or comparable document during the
term of this Installment Agreement of Sale or for so long as any
and all indebtedness created under this Installment Agreement of
Sale remains unpaid to the Seller without the written consent of
Seller and without the written consent of the Seller in the
Installment Agreement of sale dated December 15, 1992; provided
that nothing herein contained shall prohibit an outright sale for
cash. Seller agrees to execute (at no additional cost to Seller)
all documents reasonably required to effect a sale and conveyance
for cash or with respect to which consent has been given. It being
understood that the Seller will not be responsible for any transfer
taxes in excess of those normally charged to the Seller on the
original sale price computed as of the date of the execution of
this Installment Agreement of Sale.
22.
described
purposes.
The Buyer has personally inspected the Property herein
and found it to be satisfactory for their intended
- 16 -
23. This document contains the entire Agreement between Buyer
and Seller, There arc no representations, warranties, covenants,
terms, or conditions except as specifically set forth herein.
24. It is thQ, agreement of the parties hereto that time shall
be of the essence.
25. Subject to paragraph 21 hereof, this Installment
Agreement of Sale shall extend to and be legally binding upon
parties, their respective heirs~ ~ersonal representatives,
successors and assigns, and adm~n~strators and assigns.
the
26. Seller shall be entitled to require full performance of
any and all terms and conditions of this Installment Agreement of
Sale, notwithstanding any previous waiver or forbearance with
respect to the Buyer's failure to adhere to the terms and
conditions hereof. The failure of the seller at any time to
require full performance by the Buyer of any provision of 'this
Installment Agreement of Sale shall in no way affect the right of
the Seller thereafter to enforce the same. Nor shall the waiver by
the seller of any breach of any provision of this Installment
Agreement of Sale be taken or held to be a waiver of any succeeding
breach of such provision of a waiver of the provision itself.
27. In the event of default by Seller under the terms and
provisions of this Installment Agreement' of Sale and said default
is not timely cured by Seller, Buyer shall give written notice by
certified mail to Vendors under the Installment Agreement of Sale
dated December 15, 1992, addressed to Anil Thakrar, 21 Eastgate
Drive, Camp Hill, PA 17011, with a copy thereof to Seller at P.O.
Box 96, Merrick, NY 11566.
28. All notices required to be given must be given by
certified mail, return receipt requested, as follows:
If to the Seller:
Philip J, Bayer
P.O, Box 96
Merrick, New York 11566
If to the Buyer:
Mihail Livaditis
8643 26th Avenue
Brooklyn, New York 11214
- 17 -
Seller and Buyer may change the aforesaid addreRses by written
mutual agreement, which agreement will not be unreasonably
withheld.
29. The singular shall mean the plural and the plural shall
mean the singular, the masculine shall mean the feminine and/or the
neuter, the feminine shall mean the masculine and/or the neuter,
whenever the context of this Installment Agreement of Sale so
requires.
30. Seller and Buyer acknowledge COMMERCIAL REALTY GROUP,
INC., P.O. Box 338, Camp Hill, Pennsylvania 17001-0338, as the sole
real estate broker involved in effectuating this Sale. Seller
shall pay in full any commission amounts due to COMMERCIAL REALTY
GROUP, INC., in connection herewith, pursuant to the applicable
commission/listing agreement. Seller and Buyer mutually represent
and warrant, one to another, that neither has dealt with any other
broker. or finder in respect to the subject matter of this Sale.
Seller and Buyer agree to indemnify and hold each oth~r harmless
from any claim for a brokerage commission or finder's fee as a
result of allegedly effectuating this Sale asserted by any other
person or entity Claiming to have been engaged by the indemnifying
party.
31. This Installment Agreement of Sale shall be construed
under the laws of the Commonwealth of Pennsylvania.
32. No modifications of this Installment Agreement of Sale
shall be binding upon the Seller or the Buyer unless the same shall
be in writing and shall be duly approved and signed by all parties
hereto.
IN WITNESS WHEREOF, the parties have hereunto
and seals the day and year first above written.
WI~?~J
~~ ryllC
set their hands
~
~~,'n~ ~~
Ph 1 p J: er
Mi~
.~\~
G e d y D~marhos
~':U~1'~2 ,,,,-co i .lo~/S
Vas lios 0 akomihalis
(SEAL)
(SEAL)
(SEAL)
(SEAL)
- 18 -
CONSENT
We, the undersigned, as may be required by paragraph 22 of the
Installment Agreement of Sale made as of December 15, 1992, by and
between ANIL C. THAKRAR and NEEMA TI~KRAR, husband and wife, DUSAN
BRATIC and KATHLEEN M. BRATIC, KENNETH K. BERRY, and JANIS L. WOLF
hereby consent to the making of the Installment Agreement of Sale
between PHILIP J. BAYER (herein "Seller") and MIHAIL LIVADITIS,
GREGORY DIMARHOS, and VASILIOS DIAKOMIHALIS (therein "Buyer"), the
Agreement of Lease between said parties, and the Real Estate Option
Agreement between said parties, and the Secondary Security
Agreement between said parties and represent that PHILIP J. BAYER
is not in default under the Installment Agreement of Sale dated
December 15, 1992.
IN WITNESS WH~ERF, the parties have hereunto set their hands
and seals this ~ day of February, 1996.
WITNESS:
\
c: u 6J
(SEAL)
;
i
!
,
I
I
!
;
!
i
!
!
i
//~/".-. " , ('
" An~l C. Thakrar
~___ (SEAL)
(SEAL)
.1"
J/d/h~~_'/n' {?~
Whleen C. Brat1c
~. ,
Kenn(' K._, Berry
, , . .
Ja~is L~} Iw~y
(SEAL)
---
(SEAL)
( SEAL)
-
"
.J "
CARLISLE PIKE PALACE DINER
EQO'IPKENT LIST
"
DIlaNG ROOM:
11 Booths (each seats 4 people)
12 Tables
2 RoundTables
61 Chairs
1 Gas Fireplace .
1 Waitress Station
3 Busing Carts
3' Children's High Chairs
Granit ,Walls
CarpF.!ted
1 Coat Stand
COFl'EE SHOP:
i6 Booths (each seats 4 peOPle)
9 Booths (each seats 2 people)
Marble COunter
1 Pie Case with 2 Sliding Doors
1 Ice Cream Freezer
1 Hamilton Beach Milk Shake Mixer
1 Stainless Steel Storage Unit with 4 Doors (for CUPS/dishes)
1 Stainless Steel Sink with 2 Wells
1 Pie Case with 2 Sliding Doors
1 Toastmaster Bun Warmer
1 Bay Marine Salad Unit with 2 Doors
1 Toastmaster Bread Warmer with 2 Doors
1 National Electric Register
I Waitress Station'"
BAJtERy ROOK:
1'50 Qt. Hobart Mixer
1 WOOden Working Table
I'Detecto Scale
1 Blodgett Gas Oven vith'4 Doors
'1 HP Proot Box (Win-Holt Equipment Group)
1 Tray Stand '
1 Glenco Guardian Refrigerator with 3 Doors
1 Formica Working Table
3 Rubbermaid Flour/sugar Containers
1 Tatco-Walk_in ~reezer
Exhibit "An
. . ..
"
, ,
KITCIIEN AREA:
17Ft. Stainless Steel Working Table
1 Manitovoc Series 1100 Ice, Machine
1 Penn Walk-in Freezer
15Ft. Stainless Steel Working Table
1 Electric Waffle Machine
1 Berkel Slice Machine
, 1 Glenco Refrigerator with 2 Doors
,1 Bay Marine
2 Toastmaster Commercial ~oasters
1 Refrigerator with 2 Doors
1 Amana Commercial Radarange Microwave OVen
1 Gas Steam Table
1 Magi Glow Gas Charbroiler
16Ft. Keating Miraclean Gas Grill
'1 Cecilware Gas Fryer with 2 Pans
1 Gas Fryer with 2 Pans
,1 Small Stainless Steel Table
1 G~rlandGas Broiler with Oven
1 Garland Gas Broiler
1 Traulsen Refrigerator with 4 Sliding Doors
1 Castle Gas Stove with 6 Burners
1 Small Gas Steam Table
1 Hobart Refrigerator
1 18 Ft. Stainless Steel Hood (automatic dry chemical)
14Ft. Stainless Steel Hood
1 Hobart Dishwasher
1 Stainless Steel Sink with 3 Wells
1 10 Ft. Stainless Steel Hood
1 Gas,StQve with Hot Plate
1 Gas Stove with 4 Burners
1 Stainless Steel Working Table
1 Stainless Steel Sink with 2 Wells
1 Walk-in Refrigerator
1 Chopping,Machine
Pots & Pans
Silverware
Plates & Glasses
1 Safety Box
..
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF o(\Urrll.v
ss
On this, the.';,,ff\-1, day of 'P..~,,~ ,1996,
before me, the undersigned officer, personallt appeared ANIL C.
THAKRAR and NEEMA THAKRAR, husband and wife, DUSAN BRATIC and
KATHLEEN M. BRATIC, husband and wife, KENNETH K. BERRY, and
JANIS L. WOLF, known to me (or satisfactorily proven) to be the
persons whose names are subscribed to the within instrument, and
acknolwedged that they executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial
seal the day and year first above written.
Not~~~ ~
My commission expires:
NOTARIAL SEAL
STEVE C, NICHCll-'S, Nollly PubIIo
CIty 01 Horrl'burg, Deu""'. County
M Commi..i"" Elp." Sept. 25, 1M
.'
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF 0 IJ fA (1M ,,.I
ss
On this, the 2~ day of P&hIlV::::=:3. _, 1996,
before, me the undersigned officer, personaLYy appeared P~ILIP J.
BAYER, known to me (or satisfactory proven) to be the person
whose name is subscribed to the within instrument, and acknowledged
that he executed tho same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial
the day and year first above written.
{/0A -( IU' L/..-?
NO~PUbliC
seal
My commission expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Oft-ill JH I"
ss
NOTARIAL SEAL
STEVE C, NICHOLAS, NOlary Public
Clry 01 Harrtsbulg. OauptUn Counry
My CommlSllon ~.!"II8S Sepl 25. 1999
On this, the 2odi.. day of F ..eh", ---- ~ , 1996,
before me, the undersTgned officer, personally appeared MlHAIL
LIVADITIS, GREGORY DIMARHOS, and VASILIOS DIAKOMIHALIS, known to me
(or satisfactoril~' proven) to be the persons whose names are
subscribed to the within instrument, and acknowledged that they
executed the sawe for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial
seal the day and year first above written,
jl ~ ((1). L-r
~c
NOTARIAL SEAL
STEVE C, NICHOLAS, Notary Publ",
City 01 Halrisburg, Oauphin County
MV Commislion E.pirss Sepl 25. 1999
My commission expires:
I
recise a dress o~ the Buyer herein
0( cL, ;U" (-'It- norr .
is
~(IV ~
...............
)
. ,
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
RECORDED in the Office of the Recorder of Deeds
Cumberland County, Pennsylvania, in Record Book
, Page , etc.
in and for
, Volume
WITNESS my hand and seal of office this
, 1996.
day of
Rscorder of Deeds
"
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AFFIDAVIT OF DEFAULT
William M. Gross, on behalf of Phillip J. Bayer, Plaintiff
in this matter. states that Defendants are in default under both
the Agreement of Lease and the Installment Agreement of Sale in
accordance with the facts set forth in the foregoing Complaint,
_ytL,{SJ;(~
Sworn to and subscribed
before me this _LZ.t~
day of October, 1997,
,.
~~~
/
./
111\111
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In the Coorl of Common PIeIlS of
Cumberlund Coonly. Pennsylv.nla
VI,
No, 97-vt"t
Civil. 19 l' 7
r~,h\, I L,,,';,~, ,"J d ,bt"j~";'''''b
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1 '# 17) fa 77,3'1 ~ C:, ~ L\""v,J- u.J.".,.~S , 1" A..J..ew f. h.\t1fcP'~A::,
+. b~ W k., 6AAMhr.. (j 17, ~~ 2..~,{) Q....n GMn'll.,...~ Jl.,.,,,, r:.. ~r"f!A.p I
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reel (1trfD,Oo)
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AlIomey for Plaintiff
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Term, 19
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In th. Coorl 0' Common Pleas or
Curub.rlund Cuunly, Pennsylvania
:{ 7 {,Ff
Civil, 19 9 7
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PHILLIP J, PAYER,
PhinhEf
IN THE C~JRT OF cat~ PLF~ OF
"lMBERLAND CCXJN'I'Y, PEllNSYLVl\NIA
vs,
MIHJ\IL LIVADITIS, GRE)':'o(lRY
DIMARHOS and VASILIOS
DIAKOMIHALIS, individually and
jointly and trading as
ATHENS DINER and trading as
ATHENS DINER, INC.,
Defendants
No, 97-5768
CIVIL ACTIOtI -- LAW
and
DAUPHIN DEPOSIT BlINK AND
TRUST COMPANY,
Garnishee
PRAECIPE
Please mark as satisfied the judgment entered December 10,
1997 against Dauphin Deposit Bank and Trust Company, Garnishee,
in the amount of $17,827.34,
January 6, 1998
"""."--""'-<
(J~~
William M, Gross, Esquire
Attorney for Plaintiff
I,D. No, 07068
3003 N. Front street
Harrisburg, PI'. 17110
Tel: (717) 234-9819
Fax: (717) 652-8821
1l!\10!
[(, Thomas Kline. Sheriff, whll hcing duly sworn aeeording 10 law, states
this writ is returned 8T A YED,
Sheriffs Costs:
Docketing $
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone: Sale
Garnishee
18,00
2,16
10.00
.50
1.00
17,98
Advance Costs: 150,00
Sheriffs Costs: 110,64
- 39.36
Refunded to Any on 1/17/02
12,00
40.00
110.64
Sworn and Subseribed to before me
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So Answers;
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R, Thomas Kline, Sheriff ~
By C101 ,,.Jj(LQ,~
this .J.),...Iday of V l<. , h "1
200JLA.D, Cb" Q, /hdL,cJ;;f
prothonotary
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Caption:
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()<l Confessed Judgment
Other
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'to niE p~rmAR,{ OF TIlE SAID COURT:
fLl" fob.
Arroun t D.Je
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Interest
Atty's Ccmn
Costs
The undersigned hereby certifies that the below does not arise out of II retail
installrrent sale, contract, OJ: account based on a confession of judgnent, but if it does,
it is based on the appropriate or' ginal proceeding filed pursuant to Act '/ of 1966 as
amended: and for real property pursuant to Act 6 of 1974 as arrended.
Issue writ of execution in the above rratter to the Sheriff of (\J~b~~Ia~
County, for debt, interest and costs upon the following desJJrlbed property of the
defendant(sl f',.ul~ f~ (A.Y n-IO c",~/t,/r {II<.(' . P1.r:rJ.....;>{:}. I?o...-r
PRAEX:IPE fOR A'1'TAClfo1ENl' EXEOmOO
Issue writ of attactvnent to the Shenff of C oJ rJ,orlCl....l County, for debt,
interest and costs, as above, directing attachment aga1nst the above-narred gamishee( s) for
the following property (if real estate, supply Sl.X cop1es of the description: supply four
copies of lengthy personalty l1st) 17<<,,1c.. ~ H1/:A. ol,l~ '
OJc. 'r\ k. ct.le .# O'~ n CO ~S+- It. :J. 'J - (.. I..t. ~ @tZ n-l~' ~ Cll:~ )
and all other property of the defendantl s I In the posse~sion, custody or control of the
said garnishee(sl.
/-./'~IICc VIII-I- Ilrr [L"IllJf1I) flJhPrHT rv INI-{:, ..<tS't,J, - f>fr\~ f~ 4'
(Indicate) Index th1s writ agdlnst the garn1shee(sl as a lis pendens against
real estate of the defendant(s) described Ln the dttached exh1bit.
DATE: OJ- 1.7, /Q'7
,
SlSPldture: /JC/ff>>{ ~'X-
?nnt Nan-e: Willi,,"" M, Gron
.\dllress: 3001 ,.1. FrnJ- ffn'tl-
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Notes I If real property, supply six copies of description including illllroven-ents and an
original and copy of affidavit of ownership (PaR.C.P, No. 3129).
"
If lengthy personalty list, supply four copies of list.
"
To index writ, file separate praecipe with writ.
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MIIO,_l>S A SINON LLP
One $uutll Malhi ~, 12lh FIoof
P 08011146
lIundllJ'., ~llN)'IVlAn" 11101.1146
Allurnry fur D~phlll ~II B4ri and Trull C'lJft1NfI1
PHILLIP J, BAYER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v,
MIHAIL L1V ADITIS, GREGORY
DlMARHOS. and VASILlOS
DlAKOMIHALlS, individually
and jointly trading as
ATHENS DINER and trading as
ATHENS DINER. INC"
Defendant
NO, 97-5768-CIVIL TERM
and
DAUPHIN DEPOSIT BANK
AND TRUST COMPANY,
Garnishee
CIVIL ACTION - LAW
ANSWERS AND NEW MATIER TO INTERROGATORIES
IN ATTACHMENT ADDRESSED TO GARNISHEE, DAUPHIN
DEPOSIT BANK AND TRUST COMPANY
RHOADS & SINON LLP
By:
df&LJ'~
Carl D, Lundblad
One South Market Square
P. 0, Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Anorney for Garnishee,
Dauphin Deposit Bank and Trust
Company
.IC_
Nr:W MATTER
-
ATTORNEY FOIl GARN t Silr:E
HIILLIP J. BAYER,
Plaintiff
IN THE COORT OF Cct+lON PLEAS OF
CUMBERtJIND courm, PENNSYLVANIA
v!J.
MIHAIL LIVADITIS, GREGORY
DIMARHOS, and VASILIOS
DIAKOMIHALIS, individually and
jointly and trading as
ATHENS DINER and trading as
ATHENS DINER, INC.,
Defendants
No.
CIVIL ACTION -- ~
and
DAUPHIN DEPOSIT BANK &
TRUST COMPlINY,
Garnishee
INTERROGATORIES IN ATTAQLt1f-Jl..I
References in these Interrogatories to "defendant" shall be
deemed to apply to Mihail Livaditis, Gregory Dimarhos, and
Vasilios Diakomihalis, individually and jointly and trading as
Athens Diner and trading as Athens Diner, Inc. For each positive
response to any Interrogatory, please indicate specifically
whether your response is to one or more of the following:
(1) Mihail Livaditis
(2) Gregory Dimarhos
(3) Vasilios Diakomihalis
(4) Athens Diner
(5) Athens Diner, Inc.
If you wish, you may use one or more of the above numbers,
(1). (2). (3). (4) and/or (5) in your response.
1. At the time you were serveu or at any subsequent time did
you owe the defendant any money or were you liable to him on any
negotiable or other wr.itten instrument, or did he claim that you
owed him any money or w~re liable to him for any reason? State
details.
NO
138\311
NEW MATTER
1. Dauphin Deposit Bank and Trust Company ("Bank") has incurred and will incur
.
counsel fees in the amount of $150.00 in preparation and investigation of the Answers to
Interrogatories and in the general handling of this mailer.
2. Pursuant to 42 Pa. Con. Stat. Ann. ~2503(3). Bank, as Garnishee, is entitled to
WHEREFORE, Bank, Garnishee in this maller, pmys that the Court assess and award
reasonable counsel fees as a mailer of law.
reasonable counsel fees as permilled by law in the amount of $150.00.
Respectfully submilled,
RHOADS & SINON LLP
By:
C2e &/~
Carl D. Lundblad
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
AlIomey for Garnishee,
Dauphin Deposit Bank and Trust
Company
Date:
/1/
/2//97
110838
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AS OF O;l - Dr - ~D(J7
CASE# 1117 - 570 ~
HAS BEEN SCANNED.
ALL EARLIER
FILINGS TO THIS
CASE HAVE BEEN
MICROFILMED.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PHILIP J . BAYER,
vs.
MIHAIL LIV ADITIS, GREGORY
DIMARHOS, and V ASILIOS
DIAKOMIHALIS, individually and
jointly and trading as
A THENS DINER and trading as
ATHENS DINER, INC.,
Defendants
No. 97-5768
Civil Action - Law
PRAECIPE FOR ENTRY OF APPEARANCE
To the Prothonotary:
Please enter my appearance in this matter as Attorney for Plaintiff, Phillip J. Bayer.
February 7, 2007
Hajjar Law Office
1300 Market Street - Suite A
Lemoyne, P A 17043
Tel: (717) 761-4115
Fax: (717) 761-3446
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In the Court of Common Pleas of
Cumberland County, Pennsylvania
No.
::-7 i ~
Civil. 1997
vs.
~~c.\l ~\VC1J\+'!) e.--t ~
fl-ewx wvl!Jrw. .2)
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To
Prothonotary
~~, WV7
-l-9 '2--0 07
We
Attorney for Plaintiff
No. ______________ Tenn, \9 ---
'/s.
PRAECIPE
19 ___
Filed
, AttY.
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PHILIP J . BAYER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
MIHAIL LIV ADITIS, GREGORY
DIMARHOS, and V ASILlOS
DIAKOMIHALlS, individually and
jointly and trading as
A THENS DINER and trading as
ATHENS DINER, INC.,
No. 97-5768
PRAECIPE TO MARK CASE SATISFIED
To the Prothonotary:
Please mark the judgment in this case satisfied of record.
February 7, 2007
Hajjar Law Office
1300 Market Street - Suite A
Lemoyne, P A 17043
Tel: (717) 761-4115
Fax: (717) 761-3446
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