HomeMy WebLinkAbout98-00171
HAlUl: G. CALDWELL, and MARTIN L. I IN THE COURT 01' COMMON PLBAS
GRASS, t/a DOUBLB M DlWEr,OPMBNTI CUMBBRLAND COUNTY, PENNSYLVANIA
COMPANY, I
P1aintHh I
I No.9?, /"1 L Civil 1998
I
I CIVIl, ACTION - LAW
v. I
I
SPEED ZONB:, INC. I
Defendant I
COMPLAINT
AND NOW, comes the Plaintiffs, Mark G, Caldwell and Martin L.
Grass, trading as Double M Development Company, (hereinafter
"Double MOO) by its attorneys, Caldwell & Kearns, and makes the
following Complaint against Defendant, Speed Zone, Inc. / stating in
support thereof the following:
1.. Plaintiffs, Mark G. Caldwell and Martin L, Grass, trading
as Double M Development Company, are a Pennsylvania general
partnership, with its prinCipal place of business located at 434
North Front Street, Wormleysburg, Cumberland County, Pennsylvania
17042.
2. Defendant, Speed Zone, Inc. is a corporation organized
and eXisting under the laws of the Commonwealth of PennsYlvania,
initially having places of business at: 7500 Derry Street,
Harrisburg, Dauphin County, Pennsylvania 171.1.1, and more recently,
2400 Gettysburg Road, also known as 2400 Old GettYSburg Road, Lower
Allen Township, Camp Hill, Cumberland County, Pennsylvania 17011.
3. On or about September 9, 1996 / Double M and Speed Zone,
I.nc. did enter into a Lease Agreement / whereby Double M did lease
certain premises located at 2400 Gettysburg Road, Lower Allen
TownShip, Cumberland County, Pennsylvania, being a certain
warehouse facility to be used by Defendant as an indoor go..cart
race track pursuant to the terms and provisions of said Lease, a
true and correct copy of which is attached hereto, marked Exhibit
"A" and made a part hereof by reference thereto,
4. As stated in paragraph 2 of the Lease, the term of the
Lease was to be for a period of ten (10) years, commencing on the
date governmental approval is received for said used facilities, or
on November 1, 1996, whichever shall occur earlier, The said
approval was timely received and the Lease did commence on or about
November 15, 1996.
5. The Lease Agreement provided for rents of $7,090.70 to be
paid each and every month of the initial five (5) years of the term
and at an increased rate the remaining five (5) years of t.he term,
The Lease also provided for additional monthly rent including
payment of proportionate share of taxes, building casualty and
1 iabi 1 i ty insurance and conunon area maintenance, pI us payment of
all utilities consumed by Speed Zone, Inc. on the leased premises.
6. Defendant, Speed Zone, Inc., failed to pay the rental due
on the 1st day of June, 1997, and the Lease was in default as of
July 21, 1997, notice having been given of such default by letter
of July 10, 1997 a true and correct copy of which is attached
hereto and marked Exhibit "B" and made a part hereof by reference
thereto,
7. Thereafter, Defendant Speed Zone, Inc., did fail to
timely pay rent for subseq<lent months and failed to timely pay full
reimbursement required under the J"ease for taxes, insurance and
certain utilities.
8. Al though Defendant Speed Zone, Inc" did ma.ke certain
partial payments, from time to time, the default was never cured
and has only been increasing in the amount!; due.
9. Attached hereto is a listing of the rent and hand charges
due under the Lease which are unpaid, which now totals $35,434,26
to include rent due January 1, 1998.
10. Plaintiff has made repeated demands upon Defendant Speed
Zone, Inc, to cure said default, but said Defendant has failed
and/or refused to completely cure said default.
11, Notice of said total default was given by Plaintiffs to
Defendant Speed Zone, Inc. by regular and certified mail December
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approved by that time, this Lease shall be deemed null and void,
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" whereupon neither party shall owe any further duty or obligation
to the other, although Lessor may retain all availability
deposit(s) as provided hereinafter in Paragraph 37. Lessee shall
not be entitled to possessioll until the "use" contingency is removed
and the initial month's rent and security deposit are paid to
Lessor.
3. RENTS. The Lel:lsee shall pay to the Lessor as rent for
tre premises for the first five (5) years of the term at the rate
of Three Dol1.ars and fifty cents ($3.50) per square foot, which
shall be Eighty-Five Thousand Eighty-Eight Dollars and Fifty Cents
($85,088,50) per annum annually, payable monthly at the rate of
Seven Thousand Ninety Dollars and Seven Cents ($7,090.07) per
month, each and every month of the term. For the second five (5)
of the teIllI, said rent shall be increased to Three Dollars and
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Ninety Cents ($3.90) per square foot, or Ninety-Four Thousand Eight
Hundred Twelve Dollars and Nine Cents ($94,812.09) annually,
payable monthly at the rate of Seven Thousand Nine Hundred One
Dollar and Seven Cents ($7,901.07) per month.
Said rent shall be paid without deduct.ion or offset and
without prior demand thereof in advance on or before the first day
of each and every month during the term of this Lease, It is noted
that the initial month's rent shall be paid no later than November
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15, 1996. Any rent not received w:l,thin ten (10) days from,the due
date to be subject to Five Percent (5%) late charge, payable on or
before the payment due the following month. Said rent is exclusive
of other obligations of the Lessee het"ein provided of taxes,
insurance, utilities and common area maintenance costs. In
addition, Lessee shall promptly pay, or shall reimburse Lessor, if
Lessor elects to pay, all attorney's fees, expenses and court costs
incurred in connection with the collection of any delinquent rents
and any and all other sums due to Lessor under this Lease.
In addition, Lessee shall pay the Lessor upon commencement of
the term or on November 15, 1996, whichever shall be applicable, an
additional month's rental to be held as security deposit for the
full and timely fulfillment by Lessee of all of its obligat;.ions
hereunder. Said security deposit shall be remitted to Lessee by
Lessor within thirty (30) days after termination of the lease
unless charged thereon for any damages occasioned by Lessee in
excess of ordinary wear and tear.
~, . ADDITIONAL REm.
It is understood by and between the
parties that the cost of fire, casualty and liability insurance and
common area maintenance are to be paid by Lessee to Lessor as
incurred by Lessor in addition to the monthly rental upon
commencement of this Lease. Likewise, Lessee shall pay a prorated
charge, based also upon rentable space, of all real estate taxes,
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assessment a and charges on the land and building as they are
incurred by Lessor upon commencement of this Lease. Lessor shall,
upon request, provide copies of paid tax receipta, insurance
receipts and conunon area invoices as verification for Lessee I s
prorata share, which reimbursement shall be made by Lessee no later
than twenty (20) days after issuance of Lessor's statement of such
additional rent.
5, UTILITY CHARGES. Lessee shall pay all charges for water,
electricity, telephone, sewage disposal, heat and any other
utilities used or consumed in the premises pursuant to thi,s Lease
by Lessee. If initially billed to Lessor ,Lessor shall promptly
provide Lessee copies of said invoices and designate Lessee's
prorata share for. such costs.
6. LIABILITY. INDEMNIFICATION AND INSURANCE.
a) I&mie.e I S Indenmi ty and Insurance.
Lessee shall be
liable for any damages to the premises or property therein caused
by the negligence of Lessee or Lessee I s agents or el)\ployees.
Lessee hereby indemnifies and agrees to hold Lessor harmless for
damages sustained by any person or property and against all claims
by third persons for damages arising out or related to Lessee's use
of the premises and for all damages and moni.es paid out by l,essor
in settlement of any such claims or judgments, as well as for all
attorney's fees and expenses incurred in connection therewith,
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Lessee, during the entire term of this Lease and any renewals
hereof, shall keep in full force and effect a policy of p\1blic
liability and property insurance covedng the premises and the use
and operation thereof, and including Lessor and its successors in
interest as a named beneficiary, with limits of not less than One
Million Dollars ($1,000,000.00) for each person and Five Million
Dollars ($5,000,000,00) for each accident or bodily injury and Five
Hundred nlousand Dollars ($500,000,00) for property damage, or such
greater limits as Lessor from time to time may reasonably require,
Lessee, during the entire term of this Lease and any
renewals hereof, shall keep in full force and effect a policy of
insurance in an amount ade~late to cover the replacement costs of
all its fixtures and its contents that is lost due to damage from
fire or other casualty in such amount as the Lessee determines
appropriate.
The above insurance policy(ies) shall requite the insurer
to provide Lessor with at least ten (10) days notice of a change in
or cancellation of such insurance, Lessee shall deliver to Lessor
insurance cettificates promptly after obtaining same and no later
than five (5) business days after occupanoy of the premises by
Lessee.
Lessee furthermore agrees that it will not perform any act
which would knowingly violate the terms or conditions of any
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insurance oarried on the premises by Lessee or Lessor,' but if
advised a violation is occurring, Lessee. shall promptly cease and
desist from such activities.
b) Lessor' s Limited Liability an~I1fI1U:aJ1Cfl. I,essor and
its agents shall not be liable in damages by abatement of rent or
otherwise for any damages to the person or property of Lessee, or
for the loss of any property of Lessee by theft or any other cause,
or for any injury or damage to any other person or property, or for
any 10138 of or interruption to business, whether Lessee I 13 or
otherwise, unless caused by the negligence of Lessor, its agents,
servants or employees.
Lessor, during the entire tem of this Lease and any
renewals hereof, shall keep in full force and effect a policy of
public liability and pI'operty insurance covering Common Areas of
the warehouse facility, with limits of not less than Five Hundred
Thousand Dollars ($500,000.00) for each person and One Million
Dollars ($1,000,000.00) for each accident or bodily injury and Five
Hundred Thousand Dollars ($500,000.00) for property damage.
Lessor, during the entire tem of this Lease and any
renewals hereof, shall keep in full force and effect a policy of
fire insurance with extended coverage for the structures of the
warehouse, any other improvement s to the premi.ses, and other items
ordinarily insured by policies of contents insurance, Said fire
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insuranoe shall be in an amount adequate to cover l'eplaoement cost,
exolusive of foundations.
c) LeRsnr's LimitAd Idability and Insurance. I,essor,
during the entire term of this Lea.se and any renewals hereof, shall
keep in full force and effect a policy of fire i.nsurance with
extended coverage for the structures of the warehouse, any other
improvements to the premises, and other .i.tems ordinarily insured by
policies of contents insurance. Said fire insurance shall be in an
amount adequate to cover replacement cost,
exclusive of
foundations. (The aforesaid insurances shall be included in the
additional rent charges as identified and provided in Paragraph 4,
7. MAINTENANCE AND REPAI~. For the duration of the term of
this Lease and all l'enewals hereof, Lessee, at its expense, shall
make all repairs to the Building / except structural/and shall
maintain in good order and repair the interior and exterior of the
Building and all other improvements placed in or on the premises,
except as otherwise provided herein.
It is understood that
Lessee I s obligations are to essentially maintain the leased
premises in the same condition as they existed upon occupancy by
Lessee, less ordinary wear and tear, and to be responsible for any
damages to the premises caused by any actions or inactions of
Lessee / its servants / agents / employees or. business invitees.
8. SUBLETTINlL,AND A8..s.rGNMIlliT,
Lessee shall not sublet or
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assign the premises without Lessor's prior written consent~ not to
be unreasonably withheld. In determining whether to consent to a
request by Lessee to sublease or assign the premises, Lessor may
oonsider any reasonable factor, including without limitation: (a)
the financial strength of the proposed sublessee/assignee; (b) the
business reputation of the proposed sublessee/assignee; (c) the use
to made of the premi.ses by the proposed sublessee/assi.gnee; (d) the
extent to which that use would conflict with applicable laws or
agreements thereof; and (e) the managerial and operational skills
of the proposed sublessee/assignee. . Any one cf the above factors,
or any other reasonable factor, may provide sufficient ground for
denial of Lessee's request.
9. ESTOPPEl, STATRMENT. Within ten (10) days after a request
by Lessor, Lessee shall deliver an estoppel certificate to any
proposed mortgagee or purchaser, or to Lessor, certifying (if such
be the case) that this Lease is in full force and effect and that
there are no defense or offsets thereto, or stating those claimed
by Lessee.
10, SllaQRDINATIO~. This Lease shall be subject. and
subordinate at. all times to the lien of any mortgages now or
hereafter placed by Lessor on the land and buildings of the
premises and/or the shopping center . Lessee shall execute and
deliver to Lessor upon demand an instrument subordinating this
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Lease to the lien of any present or future mortgage as- may be
requested by any mortgagee of the premises. At the request of any
holder of any such mortgage, or the purchaser at any foreclosure
sale or at any sale under a power of sale contained in such
mortgage, Lessee shall attorn to and recognize such mortgagee or
purchaser as the Lessor under this Lease for the balance of the
term, including any renewal periods hereof, subject to all of the
terms of this Lease,
Lessee hereby irrevocably appoints Lessor as attorney-in-
fact during the ternl, including any renewals hereof, to execute for
and in the name of Lessee any subordination instrument that may be
required by any mortgagee; provided, however, that if Lessee is not
in default of this Lease, ita tenancy shall not be disturbed, but
shall continue in full force and 'effect, and Lessor shall obtain a
subordination, nondisturbance and attornment agreement in mutually
satisfactory fOl~ from the holders of the above mortgages.
The tem "mortgage" inchldes mortgages, deeds of trust or
similar instruments and all modifications,
consolidations,
extensions, renewals or replacements thereof or substitutes
therefor.
11. GQYEFNME~rAL REQUIREMENTS.
Lesaee shall comply at
Lessee's sole cost and expense with all applicable governmental
requirements now or which hereafter may be in force pertaining to
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its use of the premises, except that Lessee may defer compliance
with' and contest same, provided Lessee first shall have given
Lessor assurance satisfactory to I,essor against any loss, cost or
expense on account thereof. Any changes required by governmental
authorities that are not caused by the act or neglect of Lessee and
that are a responsibility of Lessor as set forth :i.n this Lease
shall be remedied by Lessor.
Lessee shall comply with all applicable rules, orders,
regulations or requirements of insurance con~anies and the Board of
Fire Underwriters or any similar body.
Lessee shall comply with all rules, orders, regulations or
requirements of the Board of Health, the Zoning Board, and ether
municipal authorities, and shall commit no illegal acts in or on
the premises.
Lessee shall keep the premises free from any
nuisance or filth.
12. OEST.RIK:TImLQE...~rHE.. PREMISES. In the event of damage to or
destruction of the premises, Lessee shall
be entitled to an
offset, reduction or abatement of rent during the period in which
the premises shall have been rendered untenantable, in whole or in
part, as a result thereof., but Lessor shall be not liable to
Lessee for Cl.ny other type or form of damages whatsoever, both
direct or indirect, to include loss of profits. In the event of
substantial or total destruction of the premises, Lessor shall
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attempt to promptly notify Lessee of its intent to rebuild the
premises. If Lessor decides not to rebuild, the Lease shall be
terminated at that t:l.me without any further duty, right or
obligation by, among and between Lessor and Lessee.
13. CQNDEMNATION,
If the whole of the leased pr.emises, or
such portion thereof as will make the leased premises unsuitable
for the purposes leafled, as determined by Lessee in its sole
reasonable judgment, is condemned for any public use or purpose by
any legally constituted authority, then in either of such events
this Lease shall terminate on the. day when the leased pr.emises
shall be so taken, and the rent shall be apportioned as of that
date. Such termination shall be without prejudice to the rights of
either the Lessor or the Lessee to recover compensation from the
condemning authority for any loss or dama.ge caused by such
condemnation, Neither the Lessor nor the Lessee shall have any
rights in or to any award made to the other by the condellU1ing
authority. Lessee assigns to Lessor all rights to damages accruing
on account of any taking or condemnation except that Lessee shall
be entitled to recover a sum attributable to the Lessee's
improvements to the premises, which Lessee has the right to remove
but elects not to remove.
14. SURRENDER OF THE PREMISES. At the expiration of or sooner
termination of this Lease, Lessee shall peaceably surrender the
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premises in the same condition as they are required herebf to be
kept by Lessee excepting normal wear and tear and damage by fire or
other casualty. Lessee may remove all of its trade fixtures from
the demised premises and shall repair any damage to the premises
caused thereby.
Lessee may not remove any other alterations,
additions or improvements other than trade fixtures, which
alterations, additions or improvements shall become the property of
the Lessor at the expiration of or termination of this l,ease.
Lighting fixtures, heating and air conditioning equipment, plumbing
and electrical systems and fixtures. and floor coverings shall not
be deemed to be trade fixtures whether installed by Lessee or by
anyone else and shall not be removed from the premises by the
Lessee at the termination of this l,ease.
15. SIGNS. Lessee may, at its expense, erect an advertising
sign over the entrance to the premises, providing that such sign
shall comply with all local ordinances. All such signs shall be
subj ect to the approval of Lessor, which approval shall not be
unreasonably withheld.
16. IlaE. Lessee shall use and occupy the premises for
".n ;' ... <11-1v-r f/~
purposes of indoor "go-cart" public amusement facility ",-/ 'frr ,- ..
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1.7. EQRCE MAJEURE. If either party shall be delayed or tolrlt/(I
hindered in or prevented from the per.formance of any act required
hereunder by reason of war, fire or other casualty, an act of God,
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strike, look-out, labor trouble, shortage of materials or equipment
or inability to procure same, failure of power, restrictive
governmental laws or regulations, riot, insurrection, or other
causes beyond the control of the party delayed, then performance of
such act shall be excused for the period of such delay. This
paragraph shall not excuse Lessee from the timely payment of rent
or any other charges required under this Lease.
lB. PARKING INDOOR GO-CART RACE ~. Lessee, its employees,
agents and invitees shall have the right in conunon with other
tenants of the premises, if any, to use for its intended purpose
the existing parking area adjacent to the premises, subject to
Lessor's right to establish, modify and enforce reasonable rules
and regulations therefor.
19. NOTICE OF DEFAULT. If Lessee has faHed to perform or has
violated any of the terms / covenants, conditions or agreements
contained in this Lease, except the payment of rent, Lessor shall
so notify Lessee in writing. Thereupon Lessee shall either correct
the matters complained of in such notice within ten (10) days after
delivery of written notice, or if more than such ten (10) days are
required to correct with reasonable diligence the matters
complained of in such notice, shall conunence to correct them within
such ten (10) days and pursue such corrective action with
reasonable diligence thereafter,
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F . failure or omission of Lessee, after notioe of, default
has been given by Lessor to take correotive action within the
required time.
21. REMRDIES IN 'l'HE EVENT OF r,E!'lflEE I S DEFAUT.t. In the event
Lessee defaults as hereinabove provided, in addition to all other
rights and remedies available in law or equity or grant.ed elsewhere
in this Lease, Lessor shall also have the right to do once or more
often anyone or more of the fOllowing, which remedies shall be
cumulative and not exClUsive, to wit;
A. declare due and payable and sue to recover unpaid rent
and all other charges due and payable by Lessee to Lessor including
rent for the unexpired term of this Lease and all costs and
commissions provided or permitted by law;
B. lease all or any part of the leased premises to any
other person with or without first altering the same;
C. enter an amicable action and confess jUdgment in
ejectment against l,essee with costs and reasonable attorney's fees
added, using this Lease or a copy hereof as authority and causing
a writ of possession to be issued, Lessee waiving all further
rights, errors, defects or omissions. Lessee hereby empowers any
attorney of any court of record to appear for it one or more times
and to take on its behalf any and all of the actions described in
this sectien incLuding the right to confess judgment in ejectment
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against Lessee for possession of the property with copts and
reasonable a.ttorney's fees added.
22. ~RESERVATION OF LESSOR' S ENFORCEMENT RIGHTS.
Lessor's
acceptance of rent or any other amount due, or failure to enforce
any right under this Lease, shall not waive any other rights that
Lessor may have hereunder. Any attempt to collect rent or other
amounts by one proceeding shall not waive Lessor's right to collect
the same by any other proceeding.
Lessor reserves the right to
apply any payments toward delinquent rent, current rent, or any
other amounts.
23, a~. Lessor and Lessee mutually warrant, one to
another, other than a commission to Commercial Industrial
Realty/BarriS Commercial Realty which shall be the respoIlsibility
of Lessor, that there are no real estate brokers entitled to a
commission as a result of producing this Lease and that neither
employed or engaged a real est.ate broker or agent to effectuate
this Lease. Lessor and Lessee hold each other harmless from any
claim."l made by any real estate broker for a commission as a result
of allegedly effectuating this Lease.
24, LESSOR' S TIThE. Lessor covenants and warrants to IJessee
that Lessor has good and marketable title to the shopping center,
including the premises, and that Lessor's title is subject only to
the usual title obj ect.ions, if' any, not capable oE interfering with
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27. )?ECORDING,
This Lease shall not be recorded, but a
mutually acceptable short form or memorandum of this Lease may be
recorded upon request of either party.
28. SUCCESSORS AND ASSIGNS. This Lease shall be binding upon
and shall inure unto the benefit of the parties hereto and theil'
respective legal representatives, heirs, successors and assigns.
29. SUBMISSIQH..NOT AN OPTIQN. The submission of this docul"Clent
for examination does not constitute an option or offer. This
document shall have no binding effect on the parties unless
executed by Lessor and L,essee and. unless a fully executed copy
shall have been delivered to both Lessor and L,essee.
30. EXONERATION OF .INDIVIDUAL,S.
For satisfaction of any
available remedy in connection with this Lease, Lessee shall look
solely to the equity of Lessor in the warehouse facility and the
rents and profits derived by Lessor therefrom.
31, SEVERABILITY. In the event that one or more provisions of
this Lease shall be found to be unenforceable by law or in equi.ty,
the r.emainder of this Lease shall not be affected and shall remain
in full force and effect.
32. l:1AIVER OF NOTICE.
Lessee hereby waives all rights to
legal notice wherever provided by statute or common law and agrees
that ten (10) days prior wr.itten notice by certified mail of any
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prooeedings to reoover possession ~.n the event of default;. at any
time shall be suffioient.
33. LESSOR'S REPRESENTATIONS.
Lessor represents and warrants
to Lessee that all of the mechanical components of the premises,
i.neluding, without limitation, all plumbing, electrical, sprinkler,
fire and life safety and HVAC systems, are in good working order as
of this date. Lessor has received no notices of any environmental
violations at or affecting the premises, and Lessor is not aware of
any facts which, if disclosed to the Pennsylvania E. P.A., the
Federal E,P,A. or any other governmental agency or instrumentality
would result in any penal or remedial action by such agency or
instrumentality.
34. INSPECTION.
Lessor and Lessee shall conduct a joint
inspection of the leased premises prior to the commencement of the
Lease,
Lessor shall be responsible only for t.hose repairs and
maintenance items which arise after the date of such inspection.
Upon termination of the Lease, Lessor and Lessee shall conduct
another joint inspection of the leased premises and Lessee shall be
responsible only for those items of maintenance or repair which are
identified during the inspection and which were not identified
during the inspection at the conunencement of the Lease. During the
term of this Lease, upon reasonable notice during regular business
hours, [,essor may inspect the premises,
19
.'tfll:
.' \' "
.'.
..
"
"
35. DEFAULT BY LESSOR.
In the event LesClor shall fail to
,
observe and fully perform any obligation on the part of Lessor
under this Lease and the same shall continue for a period of thirty
(30) days after written notice to Lessor from Lessee specifying the
default by Lessor, LesBee may perform such obligations of Lessor
and make demand of L,eSBor for all costs and expenses incurred.
36. QUIET ENJO~.
Lessor agrees that Lessee shall, and
may peacefully have, hold and enjoy the leased premises, subject to
the other terms hereof, provided that Lessee pays the rental and
other swus herein recited to be paid by Lessee in a timely manner
and performs all of Lessee's covenants and agreements herein
contained. Lessor, however, may label the premises for rent or
sale at any time during the term hereof, subject to the Lessee's
rights hereunder.
37. AYAlLABILITY DEPQS.1T. In consideration of Lessor entering
into this Lease Agreement at this time while rent is not to
commence for up to several months in the future, Lessee shall pay
the Lessor, upon execution of this lease, the sum of Two Thousand
Dollars ($2,000.00), which shall not be credited to rent and which
shall not be refundable under any circum~_ V7 ~~hiS sum shall
t1i16-'- Dt{lIN&
"hold" the subj ect premises until Novemb -.1, 19 . This period
may be extended to November 15, 1996, by the payment of an
addJ,tional Two Thousand Dollars ($2,000,00) on or before November
20
OEO~16~7::ruE12:33PH OACWElV.'OEVElOPMENT \/iiFAX:INO;YIWft(31 0979.
P,02
,"':' H
.--.-
..
Speed 'Zone
Rent Reeelvabl,
16-0'0-97
Leiter dllted Augu$t15, 1997 RENT OAM CHARGES
June $7.090.07 ,
July $7,090,07
Aug S7.0~().07
$2.,270.21 $7,028,13 taJ<"
08/0&/97 payment ($5,000.00)
a 08112197 payment ($3,000.00)
09/03197 payment ($5,000.00)
09/1f~197 payment (S1i,OOO.oO)
$3,270,21
. S.pt refit $7,090.07
001 rent $7,090,07
t,'i' 10/27/97 payment ($7,090.07)
Nov rent $7,090,07
11/18197 payment ($3,000.00)
11/24/97 payment (S3,OOO.OQ)
$11,450.35
i:
12101/97 rent $7,090,07
A. TOTAL RENT DUe $18,540.42
OAM Charges: JuI.97 Inv 97198 $136.56
Aug-97 IFlV 97228 $51U4
Aug.97 inv 97245 $1,021.05
Sep-97 Inv 97271 $145.07
001-97 Inv 97299 $209,02
Nov-97 Iflv 97314 $468..l!Q
8, TOTAL CAM CHARGES DUE $9,524,67
, ',' .,
'.
GRAND lOTAL (A + B) $28,065;09
NOlo: Figu,,,,, in b,"~o~ rep'~"'1 pay"'.nl' which h.."" I><,..n appliad 10 ,ani only,
JAN-12-98 MON 12:59 PM CALDWELL DEVELOPMENT
FAX NO, 71'1 731 0979
P,02
'SDeed ~clne . . .=-.. ~.- r----
,,- 1--.--- . 12-Jan.96 _.~- .._--
~.,nt R!S! ~!lb'. - -- --
1---, n '-- .-- -'-'-
1--.-- 1--- - -"
-:-,. 1-. .- ... -'......-- ----
Let!er dlli d Auaust 6. 1997 --- . - ---
f--,.--- 1-....,-, $ Seot 97 ~ent) $27,366.4.1 -- ----
Balance d Ul:I (Includl --.---..- -'--.- ---'--
o(lvmeni" (S . .'
09/03197 f-- 5 000.00 "- --- ..-
-- 09719/97 oavment I~ '" .
1----1-. $17 388.~.. -- ,-..-
10/01/97 ..- 1-,--.--,,- '-'-- '-'--
rent $7,090.07
Davmant . -,~~._, -
10/27/97 ................-- ,,~.7.J..090,07
.-..-..-- --..-.
.1----- '-'---
11/01/97 rent HH~90,07
..
._,--~._. 11/16/97 loaymant_ $3,000,00 1--- --
I-~ 1t~.~/9J. P..!);[l.Y.lJt ~__n... L$~.QQQ..Q.Q.
'... .--.----
-- $16476,46 .. .-
Add o/t re l:eivables Jul.97 inv 97198 oo- $136.p&, ....- 1----
1--
---'-- 1-.. A'JQ-97 inv 97228 J'i:!~:,~:i .......-
"-..- __Al.!.9:.~? Inv 97245 ~1 ,021...:9_5_..
--- f--.-- Seo-97 i;,vi72-71 __._~'!...4507
-
~- 001-97 lnv 972_99 $209.02
.'.--.,.., .......-..--... Nov-97 Inv 97314 $468,00 ....."....oo,..-- . f--....,-..-
Nov-97 Inv 97341 $72,4',r
.. _.- --
.._. Dec-97 Inv 97342 $206,66 2775.604
.-
'--.._, $21,254.12 .1--..-----
'.
--.- - .,. --- .--....-- ---,-
, ---'--- .$~~ !~~ - -- f--.......-
12/01/97 rent .-.---
- '" '-.. --
,- ----.. ~--.._.,.
01/01/98 rent n.o.~Q..c21 --
--.-- $35 434.26 -- "~-'-.._.
'" "--'-"- --- -- ----, ,_..
...,..- --- --~... I
".., -.._- -- -. -.---. '.'-'-
---"'- -- -- -'....-.- --, ...-
... ,,--'.
.-- ..~- . .-- .,-..,
"'. --' -,- t-oo - ---.-.-,.. -.
.. f-. .
..,--,-..-
,-- --.--..--. .. -- .-- --..---- -.
1----- ... -~ m_ -- ---
."--->"p 1----- -- - --~'-
t:~~ER\J~^IN.OAllEN\S RENrouwK~ -.- ,,- "'.-"'- ....--- 1------- ...._.~..~--
_.,,- ..~~-.....__._- -------.-....... --.--,.- L..-___
>- C) r;~
~ \',,1
.:;.. (~ '. l~.~
(~
UJ..=-~ ' ).;.
.. (.)(>:-1 ) "-~\
fE:,) r.~: ~~~n
01,
6'" - "'In
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_Ju en ; uto
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.1~ .'\ 1.1.1 ,a 0..
1'" u.. 'j!
Ie. a' d
(,:) (l'
MARK G. CALDWELL and
MARTIN L. GRASS,
t/a DOUBLE M DEVELOPMENT
COMPANY
.. IN THE COURT OF COMMON PLEAS
.. CUMBERLAND COUNTY, PENNSYLVANIA
..
..
Plaintiff.~
.. NO. 171 CIVIL 1998
..
..
vs.
SPEED ZONE, INC.
Defendant
.. CIVIL ACTION - LAW
..
..
~
TO THE PROTHONOTARY:
Please enter judgment in favor ofPlaintim Mark G. Caldwell and Martin L. Grass, t/a Double
M. Development Company and against Defendant Speed Zone, Inc. in the above-identified action for
the failure of said Defendant to enter appearance or file a responsive pleading within twenty (20) days
of service of the Complaint containing a notice to do and following service of Notice Pursuant to Pa
R.C.P. 237.1. A tme and correct copy of the Affidavit of Service of said Notice is attached hereto
as Exhibit "A".
Said judgment to be in the prayer ofPlaintilrs' Complaint in the amount of$35,434.26 plus
costs of suit.
CALDWELL & KEARNS:
Dated: February 17, 1998
97786/89-374G
By: , ~-t----
'fame R. Clippliige..~~quire
Alto cy's JD 07159~'
3631 North Front Street
Harrisburg, PA 17110-1533
(717) 232-7661
Attorneys for Plaintiff
MARK G. CALDWELL and · IN THE COURT OF COMMON PLEAS
MARTIN L, GRASS, · CUMBERLAND COUNTY, PENNSVL VANIA
tla DOUBLE M DEVELOPMENT COMPANY .
Plaintiffs · NO. I7J CIVIL 1998
.
vs,
.
SPEED ZONE, INC.
Defendant
· CIVIL ACnON - LAW
.
.
IMPORTANT NOTICE
TO: Speed Zone, Inc.,
c/o Thomas Bowers
84 Rose of Shen'On
Ellers, PA 17319
DATE OF NOTICE: February ..-.La-, 1998
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF
YOU IN THIS CASE. UNLESS YOU ACT WITHIN T1:i'N (10) DAYS FROM THE DATE OF THIS NOTiCE,
A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MA Y LOSE
YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Dated: Febnlary 1(') ,1998
93848/89.374
Cumberland County Bar Association
2 Liberty A venue
Carlisle, P A 17013
(717) 249-3166
CAdELL' KEARNS,
~:~c~~,,~f
Attorney's ID 07159
3631 N0I1h Front Street
Harrisburg, PA 17110.1533
(717) 232-7661
Attorneys for Plaintiff
."
I"ROI'IlR'I'Y 'CJ,A 111'
III the Cqurt' of Common PIOIIII Ilf
Ci,lnlhorlllnd COllllty, I'pnll"ylvnlllll
.1
:'__ _ ffi 9Jl~"~_ ~Ga..lduJJ1qt _ ClIo.d.
. .___JYlO:c[Lt.lLL-jicC!,(i0--------.-~
IIrlt No. ~l6)~ 171 (!~fL L____
, .
VU 'i
___"~J,~gd_rQAO. .In:.,. .__. _. m_
'I'll 'I'III! SIIl!RIFF 01" CIQIDI\RJ.IINIl COUN'I'Y, I'IWNA,
'I'h~ Ilrnp\ll'ty IIHtlll1 hullllJ alld luvl'HI IIpUIl In thlll CllllO lH not tho pn1perty of the.
Illlflllltlllnt "lit III' tlill prnpltrty of tho undera1llllod. A lint of the clalnlod property IIlId
thl! v/lluc~ thuruur /lfll;
. US'I' UlI 1111UPlcnT' J ,VAUJ,B.
,~cMrP~PJ!:YLf._._f!ATf?!t?m$:_--~'"----~-----.---5t)f) .~ ___.
.i.:jJjlifi1@jU1-.. .:>-7j!g(;1~,-&___,________________._:}Q..::_. _.
. Li.:_j_V&&!.~tJ ___,:!:!.'!;tJ_{!!:.I)()e.:.f.___~__ / qj Q pO.
/;< I 6fwslaV !/Ji)fJd II Lr..(l111A.r;(1H . , , <:.5" i) (,'!i2 .
i.~~~~~ijzig~/;~~~jp~~}Jl~M~;;t;~i- ~:==--=- ~7L<70 __:
,!J11c1:~JJz,;c:_LYl.~?Y._________________,_____~ s 0 ....CJ2
_-me7.!f7ii5}:'1f.!L/1?1.qltNe_~_~__~ &.Q:Q_..""- --:
1~tJ..r..IIW/r2ll]Z;-.f;XI@)5Iat Cat.L2.Jif4CK J!2_.~
1fJ~!-Jl~r-2!~1f-.-€K~~t-CI;:K;/Ltfe.l L~'-- ---'.2P _~'__
---... ~----_. -..'-":'"-..,.----- --.- "'--- --_.. -..--.........-..- -~------_.
'I'hu Cl/lllPllnt Ohtlllli' Tit In tll till! Prop.'rty liB Fullfil/a;
l<___.~~A F~{D.. ~_ __~(/p~ _g~(~~__1!?'- {}ftJc~e1C. {tJ0.#!!.!..Ifi;:. O{--
~ 1"~_,. ' . . - ----_.-.
._wdC/i. _k""' ~_-!::Mt<?.{/j.t--./!;f~P /~__ f!t:f!/Lb:: _____~__ -________, .
6_,_dJ~~f-~~Mtd._.1f.1!;.c.l/IK~- M?~f~_/ltAefI//JE ~~__ _,
.}U/~1::;stP:~fft~t7fF-~;J:;;~$f~;j;::~~?lL~~-. ·
--.... -_._--"":'...~.........-..'~ ~.- -~ ----.. --....- ---_.-...~...-.......,--:--.._---..-------------..---~_...
Ilu t 1./__ .,._ ~_____ _ __. ,_ _ __________., __ _.__ __.CI,A HIAN'~_____-;-.___
Stute of l'ennllylvnnlul
Cuunty of. f)~lmhldll A,ul )GltK
____.,"_"__.-___.n~f_0~~!L--~---?!-'"?!:-~,r/-------_._- bel1l8 duly sworn ueeordlnp,
tu liUI, .h'llll""" IIl1d 'lilY lhllt 1111I IIhllVIl llllt III the pfopJny cllnm are (:orrect Ilnd trllo
Slmrllllna Rulall':!"","l In horn"o 1I11: thlll .~~~1e~-!J;~I);<<-A
-.,???.. dnl 0; ._ L-:'P~J.::(<,<;/,. ,"'" . _ ,19.9<P ______H_______... _" _".. __. .h____~
Clllllllllllt
~_.. /2 /L y
-7~""-i.'--~~ !"l: ' ......... ..
~N~W-Pbllc
f ",rlela A Gordon, N~'~~un~y ,
FBlrviaw TW~'n~~B July 31,2001
M (',(lmmlo,~w)n , _ "' .
y~~._ '~7"' ,,". IvrtlliLl j\\Hi\ll!I~ lull () n Ir.-
lllhOI, I ,lid ,
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYl.VANIA)
COUNTY OF CUMBERl.AND)
NO. ---l29J!.:1l.L_ CIVIl. Q ~n
CIVIL ACTION. LAW
TO THE SHERIFF OF -~.9.0llT!l2erl9..r.lc1_..__________COUNTY:
To satlsly the debt. Interest and costs due Ji91?k. G._5.?ldl'!~1l ~nd Martin ~~rassl tla lXluble
.-M..I&y.elQffil3I1.LQg,1!f2<"!I1Y..____. ---.------..-----. ___. PLAINTIFF(S)
Irom _._[?~ed .z.Cl!!e , -l!!~-'---_____'_"_..__n__....
..---..-.-M....ROSj;)....QL.Sharr.on....._.._______..... ..___.___.._____.._.._.....__..__._~____..._____.___
____.~tterfJ.L.!'~.I1nsylyafJia .J}3,l9._____....__......__.._____.._ ______ DEFENDANT(S)
(1) You are directed to lovy upon the property 01 the defendant(s) and to se/l2L~fJ.e attach any and
..alJ:...P.r.opelC..tx~!:...~f'.et1C1cll1t..S~El<i._z()n_e.......~I~~-'--'-._~ocated_~t property of Plaintif_f, 2400
_c:lEJ!Y!3bur9..R_oad_,!lso k.fl?wn._El~_~~OO.Q~d..~tY.SbuICg Ro.ad, Lower Allen Township, Ceullp Hill,
Cumberland County, Pennsylvania, 170ll
+_.~.._--~-~----~--_._-~--~---,--_..._~--...._-----_._-...~-----_..
(2) You are also directed to attach the property of the delendant(s) not levied upon In the poSSession of __
---_._.__.~-._~----._---~.._-_.._-,~--_... ---.. ._--------_._._-_._--~.._-----~---~.._-
.---------...---------- ,..._--._~-._..,_.__.._--._-~~ ---------
~---~_._--~.._._-_.._._-~-....._~- .... --_...-.._._--_...._,._---_.,..._-------~--_._--
---.-.--.----.--.~...-.----n..--~--_.____.._..__n._..._____ GARNISHEE(S) as follows:
and to notify the garnlshee(s) that: (a) an allachment has been Issued; (b) the garnishee(s) Is/are enjoined from paying any
debt to or for the account 01 the defendant(s) and from delivering any property of the delendant(s) or otherwise disposing
thereof:
. (3) II property of the defendant(s) not levied upon an subjeclto attachment Is found In the possession of anyone other
than a named garnishee, you are directed to notlly him/her that he/she has been added as a garnishee and Is enjoined as above
stated,
-......--~_.._-_.__._--_._---_.._---._.-._...._------~----
L.L. ...----$...5.n..._________
Due Prothy _Sl.llL
Other Costs
----
----
Date: _____..!ebruary 17, 1998
"'~---'--'-
-
vii Division
by:
REQUESTING PARTY:
Caldwell & Kearns
Name __..J'UTV>" R Cl ipl.'ingpr, R"'q
Address; 3631 N. Front St. ________
Harrisburq, l'lLllll.Q::ill.L...."._.
Attornoy lor: ..l'J.a.t.IJUfL.......__________............_
Telephone: -LZ11.L2.12..,. .16fiL__, ._.________....._
Supreme CourtlD No, --.07159___.._..._..__.
Deputy
,
R. Thomas Kline, Sheriff, who being duly .worn according to law,
says this writ is returned STAYED.
Sheriff's CostSI
Docketing
Poundage
Advertis ing
County
Service
Garnishee
Surcharge
Levy
$ 18.00
310.00
10.00
1. 50
18.60
9.00
6.00
20.00
$393.10
$15,106.90.
Credit Writ with
t\:.'~!!
e-fl
C:-.-J
~.1
~
~";;;i Swurn and Subscribed to Before Me
This 1 t:: Day Of -~___
1998, A.D.~(} 'n1,M'd ,IIJ/f'{ (
r~1~
R. Thomas Kline, Sheriff
BY~ ,C;;n~1(
D puty Sheriff
,
VIHV^lASHN3d
]'\:;\1'11/:)
~b. ~~S ~ 1.11 813
I).!r, ,,,:r4a~
4flIhitJ,t4i ,"HU~ .aa~1fO
.(.,
\,
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c.k.,. J 1)'7"
{,) J Sri}'
qCLA.,..' .,