HomeMy WebLinkAbout01-2244 FX
NORMAN R. RALES, STEVEN M.
RALES, STEWART R. RALES,
MITCHELL P. RALES and JOSHUA
B. RALES, partners d/b/a 415
Railroad Avenue Associates,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. f)f",;);) lfl/ iWJ
v.
TARANTIN TANK AND EQUIPMENT
COMPANY, INC.,
Defendant
NOTICE
You have been sued in Court. If you wish to defend yourself
against the claims set forth in the following papers, you must
take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or
by attorney and filing in writing with the Court your defense or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further
notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiffs. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166 or (800) 990-9108
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NOTICIA
Len han demando a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por obogado y archivar en la corte en forma
escrita sus defensas 0 sus objeciones alas demandas en contra de
su persona. Sea avisado que si usted no se defiende, la corte
tomara medidas y puede entrara una orden contra usted sin previo
aviso 0 notificacion y por cualquiere queja 0 alivio que es pedido
en la peticion de demanda. Usted puede perder dinero 0 sus
propiedades 0 ostros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166 or (800) 990-9108
Respectfully submitted,
Date I?
4"/ ~/
:T~~
Bruce F. Bratton, Esquire
Pa. Attorney I.D. No. 23949
2515 North Front Street
P. O. Box 12106
Harrisburg, PA 17108-2106
(717) 236-4241
Attorneys for Plaintiffs
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NORMAN R. RALES, STEVEN M.
RALES, STEWART R. RALES,
MITCHELL P. RALES and JOSHUA
B. RALES, partners d/b/a 415
Railroad Avenue Associates,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. OI-2.2V'/ ~-r~
v.
TARANTIN TANK AND EQUIPMENT
COMPANY, INC.,
Defendant
COMPLAINT
AND NOW come Plaintiffs, by and through their counsel,
Martsolf & Bratton, and represent as follows:
1. Plaintiffs are Norman R. Rales, Steven M. Rales,
Stewart R. Rales, Mitchell P. Rales and Joshua B. Rales,
co-partners, trading and doing business as 415 Railroad Avenue
Associates.
2. Defendant is Tarantin Tank and Equipment Company, Inc.,
believed to be a New Jersey corporation conducting business at
415
Railroad
Avenue,
Shiremanstown,
Cumberland
County,
Pennsylvania 17011.
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3. The Plaintiffs are the owners of a certain parcel of
real property located at and known and numbered as 415 Railroad
Avenue, Shiremanstown, Cumberland County, Pennsylvania.
4. On or about August 27, 1999, Plaintiffs and Defendant
entered into a certain Commercial Lease with respect to a portion
of the premises owned by the Plaintiffs and located at
415 Railroad Avenue, Shiremanstown, Cumberland County,
Pennsylvania. A true and correct copy of such Commercial Lease
is attached hereto, marked Exhibit ~A" and incorporated herein
by reference.
5. Defendant is in default under the terms of the
Commercial Lease by its failure to pay, when and as due, the
amount of the monthly rent payment which was due on April 1,
2001, the sum of $4,445.42.
6. Pursuant to Paragraph 2 of the Commercial Lease,
Defendant is also obligated to the Plaintiffs for the sum of 5%
of such April payment which is more than five (5) days past due.
Such sum equals $222.27.
7. As provided in Paragraph 3 of the Commercial Lease,
rent for a term of twelve (12) months, a total sum of $53,345.04,
also has become immediately due and payable by Defendant.
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8. Under the terms of the Commercial Lease, Defendant is
also liable to the Plaintiffs for the reimbursement of utility
charges, real estate taxes, insurance costs, etc.
9. Plaintiffs have demanded a payment of such additional
charges in the amount of $6,370.37 as evidenced by the written
demand by Plaintiffs which is attached hereto and marked as
Exhibit "B" and incorporated herein by reference.
10. Defendants have not paid any of the sums owing to the
Plaintiffs to date.
WHEREFORE, reserving the right to seek such other remedies
as may be available under the Commercial Lease and/or at law,
Plaintiffs demand judgment in their favor and against Defendant
in the amount of $64,383.10, together with costs of suit and such
reasonable attorneys' fees, costs and expenses as provided in
Paragraph 34 of the Commercial Lease.
Respectfully submitted,
Date /7 H#4J d I
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Bruce F. Bratton, Esquire
Pa. Attorney I.D. No. 23949
2515 North Front Street
P. O. Box 12106
Harrisburg, PA 17108-2106
(717) 236-4241
Attorneys for Plaintiffs
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Cornnlercial Lease
This Agreement of Loaoo mado this
~7~
No., 520'
Detween 415 Railroad Avenue Aaaociatea, a Partnership
EquipUl~nt Company, tne. (LESSEE) of the other port.
day of August A.D. 1999
(LESSOR) of tho ono
part. and T~rantin Tank and
Wi tnel3l3eth that tho soid party, in conoidoration
do demise and lease unto the said flecond party, to
premises situate in the Township of Hampden, County of
as follows, to wit;
of the rants
be used as
Cumberland
and covenants hereinafter mentioned,
warehouse facility with offices the
and State of Pennsylvania described
415 Railroad Avenue - front (nor~hlSection
Shiremanstown, PA 17011
Consisting of a metal warehouse building with office space
approximately 22.'00 S?, together with the northern lot area for
loading docks on the east side as shown on Exhibit "A" attached.
and with a total of
outside storage and two
To Have and To Hold unto tlta said second party, subject to the conditions of thlo Agreement,
for the. term beginning on the 1st day of September 1999, and ending on the 31"t day of August 2004.
In Consideration of Which the said oecond party agrees that il: will pay to the said first
party for the use of said premises, I:he sum of Two Hundred Fifteen Thousand six Hundred Fifty Dollars
($2l.2....J.5..Q1 and other consideration hereinafter mentioned payable as follows; viz, in monthly installments
of Four Thousand Four hundred Forty Five and 42/100'8 Dollars ($4.445.41) in advance on the first day of
each calendar month during the first thirty six (36) months and Four Thousand Six Hundred Thirty Four and
5B/100'9 DollarG ($4.634.58) for the last twelve (12\ months of the term.
THE DEMISE HEREIN CONTAINED is mado and acceptod on tho following oxpross conditions,
1. No waste shall ~e committedl and at the end of spid term
delivered in alf good condition AS at the commencement thereof,
unavoidable damage by fire, tempest and lightning excepted.
the demised p~emiBes shall be
ordinary wear and t.ear and
2. The rent reserved shall be promptly paid on the several days an~ times herein
specified without deduction or abat.ement, at the residence. or princ.ipal office of the said
Lessor. Les,ase agrees to pay Lessor a .f.in (5.!\i) percent late fee BS additional rent, if rent ia
not. received by t.he fif.th day of. each month. Jlr.l.l. HEH1' \.lJlr.YBEN1'S ARE ?1\YAlH.E '1'0 -115 RJlr.Il,ROAD
I-.VI-lIlI1E ASSQCIA'l'l::S BU'!' HAU.l::D '!'O KEUWOQD l~INAlICIl\r. 11'1' '1'1I1~ ADDHl::SS OU'l'r.INlm IN f'AnAGlt1\l'lI 33.
3. If the LaUtlBe ahould remove or prepar", to I."omove. or attampt to remo'Ve froln thtl
prl:=1lI1oee herehy lealJed pefore tho l:!lxpiration of the term or at rmy t1me during tha continuance of
tlds leaae. or if I;he t.eBuee tlhull be in defaull: in the poyment of allY inst&lllmont of rent for
the period of ton days, 01: ohould thore be a. default in any of the c:ovenants or conditions as
herein contained, then in that event, rent for the term of twelve months at the rate which it is
then due and collectible under the terms of this lease shall illW\ediately become due and payabla
and shall be collectible by distraint or otherwise.
4. At the expiration of the term the demised premises will be restored at the option of
tl1e Lessor in the same condition in which they ware at the commencement of the te~, and the coat
of the said restoration shall he paid by the Lessee. which coat will be treated' -as additional
rent due and owing under the terms of the lease.
5. A holding oV'er by the Lessee beyond the term of thi/3 lease shall be a renewal of the
tl!rm of this lease on a month to month basis, and the saId renewal shall be under and subject to
all the prov!sionB as contained in this agreelllent:. of lease, provid8d. however, that such renewal
sltall be at the option of t11e Lessor. The minimum holdover rent shall be two times the last base
rental amount.
6.
Lessee by
possession
The t.sssor shall not be liable to the Lessee tor any damage
the failure of the Lessor, if said failure is not due to any
at the premiseD herein demioed, at the time agreed upOn.
which may be caused to the
fault on his part. to give
7. Said I,BDuee sholl not carryon any unlawful or hmnot"al buainess in or abOut the
deUllued premises. and ahall not carryon lIny business ,,,hich will endanger the building frout fire
or cause a forfeiture of any fire insurance that the I.Bssor haa or may hereafter have on t1ald
huilding.
B. 'l'b& r.eoflae agrees to pay all bills which may be incurred for light, heat. or po'''er
used or conaumed upon the demiaed premiaet:h and also all bills for water and newer rent which may
accrue for water and fIewer uDed during the tertII of the lease. The LeaBor shall not be
respofll:rible in any way in the event that the Bupply of heat is cut off by reason of any cause
beyond the control; of the Lessor. And the Leasee does hereby release the Lessor trom any damage
which may result to him by reason of the failure of the supply of heat. Should the Lessee fail
to pay any bills as aforesaid, the LesBor shall have the right to pay the same, and the amount as
p&id shall be chargeable to the LeSSee as additional rent. The Lessee agrees to keep the plate
glass insured at his own risk.
9. The Lessee agreE;s to keep the premiEJeEl in a good condition of r01Jair. All refuse of
i.\ny kind oilall be remove.d from tho promiuee at \:lle coat of the LesEJee at lellst once u. week or
oftener, if JlBed bu. All anow uhQll be cluunod off fl.'olR the aiduwulku !lafora il: flllall htlve
frozen and become hardened. Should the Lessee fall to comply with the provisions of this clause
of the lease, the LasBor may enter the premisea and lnake said repairs or remove said refuse and
do all other things as heretn provided to be done by t1t8 t.eeaee at the expense of t-he Lessee, and
said expense thus incurred may aLso be collected as additional rent under the lease.
10. In the event of the filing of a petition in bankruptcy, whether voluntary or
involuntary, by or against the Lessee herein, there shall become due inunediately upon the filing
,of said petition, rent tor twelve months, at the rate that the rent io then payable under this
Page 1 of 5 pages
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agreement of lease, and the Lessor shall have th~ further right in Baid event, to torfelt aud
term,iuata t1lia lease. The said forfei,ture tcj) be elfactaiJ by giving notica in ,,,:dt.ing to ,the
I.EUH:lElB III~rtlin or 1.;0 tlla [luruon then in chdrge of tllU c.l~IId.(J~d pramiasa. Should an execu'tlon iasll~
against the LtJuffea out of any court, twelve Illonthu relit. uhal1 thereupon become due ,and ol"ing.
11. tn the event that the premia8s occupied by the Le13see sha11 during sald term be
destroyed by fire, thereby making the premises untenantable and unfit for occupancy so that the
owners thereof deem it advisable to construct a 'new building, the Lessot:' herein .ehall thereupon
have the right to cancel and terminate this lease upon giving fifteen days notice in writing to
the Lessee herein, and the ~erm of this lease phal1 thereupon cease at the expiration of fifteen
days after the expiration of said notice. In the event, however. that the said building shsll be
damaged by fire, but not destroyed, the Lessor will thereupon cause the same to be repaired and
restored to i.ts former condition. they to act with the greatest: possible diligence. and if the
said fire shall bave rendered the premises untenantable, payment of rent thereunder shall be
suspended from the time when the Lessee herein shall notify the Lessor of Buch condition. until
such time as the building is so repaired and again ready for occupancy, and the Lessee herein
agrees that in t~e event that the building shall"he so partially destroyed by fire as to render
said repairs necessary that the said Lessor shall thereupon have the right through his servants
and agents, and the servants and agents of any contractor employed by the LeSBor shall have the
right to take possession of the premises for the purpose of making such repairs, and the so
taking of pos~ession shall not be an eviction of the Lessee herein and s~a11 in no manner effect
this term of lease.
12. The Baid Lessee hereby confeaBea judgment for the rent reserved under this agreement
of lease, together with an attorney fee of fifteen (15\) pet'cent:. for collection, lInd execution
may be is~ued thereon from time to time for any rent due and owing under thip lease, and judgment
in ejeotment as herein p~ovided ~ay be entered concurrently therewith.
13. At the end of the said term, whet~er the same shall be determined by forfeiture or
sxpiration of the term. or upon the breach of any of the conditions of this lease, it is agreed
that an a~icable aotion of ejectment may be entered in the Court of Common Pleas of Cumberland
County in which the Lessors. their heira or assigns ahall be plaintiff. and the Lessees, and all
who come into possession during the term of continuance of this lease or under the Lesseee. shall
he defe.ndants, that 1udgment may be. entered there.upon in favor of the plaintiffs. wi thout leave
of court, for the premises above desorihed to have the same force and effect as if a summons in
ejectment had been regularly issued, legally served and returned and that write of habe~e facias
possessionem with clause to fl. fa. for all costs, may be issued forthwith, waiving all errors
and defects whatsoever in entering said judgment, also waiving right of appeal writ of error or
stay upon any writs of habere facias possessionem which may issue upon the same.
14. And further, it i~ agreed and understood that the Lessor, his heirs, or assigns. may
enter the premises hereby leased at any time during the term, either in the presence o~ absence
of the said Lessee for the purpose of ascertaining whether the said premises are kept in good
order and repair during business hours. Further, that the Lessor reserves the right to display a
"for rent or salen card upon the said premises and to show same to prospective lessees or buyers.
15. All damages or injuries done to the said premises other than those caused by fire or
ordinary wear and tear or by the acts of omisfJion of the leaoor shall be repairod by the Lesoee
herein. And the Lessee oovenants and agrees to make sold repairs upon five days' notice given to
him by the Lessor and if ho shall neglect to make said repairs or commence to make the same
promptly or w:l.thin ten days after said notice as given him the Lessor shall have the right to
make the said repairs at the eXpenSe and cost of the Lessee, and the amount thereof may be
collected as additional rent accruing for the month following the date of the said repairs at the
expense and cost of the Lessee, and if the said expense is made at the expiration of the term,
then the cost so made may be collected by the Les.eor as an additional rent for the use of the
premises during the entire term.
16. And the said Lessee hsreby accepts notice to quit, remove from. and surrender up
posseesion of the said demised premise.s to the said Lessor, his heirs or assigns, at the
expiration of the said term, whenever it may be determined, whether by forfeiture or otherwise,
without any f.urther notice tOo that af.fect, all further notioe being hereby waived. And on
failure to pay rent due, for the space of ten day~ besides the distress, or upon breach of any
other condition of. this lease the Lessee shall be a non-leseee, subject to dispossession by the
said Lessor, without further not1ce or process of law, with rele~se or error and of damages. and
the said Lessor may re-enter the prem:Lses and dispossess the Lessee without thereby becoming a
treapasser. And the [.easee hereby waives the benefit of all exemption laws of this COI1Ullonwealth
that now are in force or may hereaft~er be in force, or in any action or actiono that may accrue
on this contract in any distress or dietreeB that may be made for collection of the whole of said
rent or any part thoreof. Waiving also the benefit of stay of execution. inquisition, extension,
and all errOrfl, in all proceedinge a"rielllg out of thin leaoe,
17. Ho Bhowcase, s19n or hanging or protruding sign or permanent obstruction of any kind
shall be kept or ~aintained by the Lossee on the reservation or sidewalk in front of the demised
premises, said space to be used only for purpose of ingress and egress.
18, The party of the second part will bear, pay and discharge when and as the same become
dUB and payable all judgment and lawful claims for damages or otherwise against said parties of
the first part arising from its use or occupancy of said leased premises or the sidewalk in front
and side of said premises, and will assume the burden and expense of defending all such suits,
whether brought before the expiration of this lease and will protect indemnify and save harmless
the said party of the first part, h.:Ls agents, servi:lnts, eUlployeea and public at large by reason
of or on account of tbe use or misU6e of the premises hereby leased or the sidewalk in front of
the said premises, or any part thereof, due to the negligence of the Lessee or his agents.
19. And in consideration of securing the wIthin lease at tbe above, stated rent, said
Lessee does hereby relea.oe pnd discharge said IieBBor, h10 heirs or assIgns. from any and all
liability for damage that tRay reBult from the bursting. stoppa.ge and leakage of any water pipe,
gas pipe, sewer, basin. water-closet. ateam pipe and drain. and from all liability for any aud
all damage cauDed by thl) water. goo. atoam, waste, und contents of Baid water pipes, gas pipes,
steam pipeB. sswers. basins, water-closets and drains.
20. The second party does also hereby waive any and all demand for payment of the rent
herein provided for, either on" the day due or any other day, either on the land itself or in any
,other place, and agrees that such demand shall not be a condition of re-entry or of racovery of
possession without legal process or by means of any action or proceedings whatsoever.
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21. INSPECTION; It is understood that Lessee has inspected the property or hereby
waives the right to do so, and he has agreed to lease it as a result of such inspection and not
because of or in reliance upon any representation made by the Lessor or any officer. partner. or
employee of Lessor, or by Agent of the Lessor (CommercialNlndustrial Realty Company), or any of
the latter's salesmen and employees, and that he has agreed to lease it in its present condition
unless otherwise specified herein.
22. AGENT'S LIABILITY; It is expressly understood and agreed between the parties hereto
that COMMERCIAL. INDUSTRIAL REALTY COMPANY, as Agent. its sslesmen and employees. or any officer
or partner of Agent and any cooperating broker and his salesmen and employees and any officer or
partner of the cooperating broker are acting as Agent only and will in no case whatsoever be held
liable either jointly or severally to either party for the performance of any term or covenant of
this Agreement, or for damages for the nonperformance thereof.
23. REAL ESTATE PROKER:
a) Lessor and Lessee acknowledge that Commercial-Industrial Realty company is
the sole procuring broker for this Lease and that each has dealt with no other broker in
connection with this transaction. Furthermore, each will indemnify the other against claims made
by any other broker in connection with this Lease.
b) Lessor and Lessee acknowledge that Commercial-Industrial Realty Company is to
be paid a commission of .tl.U (il) percent of the aggregate gross value of the lease payable
annue.lly in advance for each term, The commission shall be payable annually in advance at the
rate of four (il)percent for options, holdovers, renewals, and expansions
24. DEPOSITS: Lessee agrees to pay the sum of $4.445.42 in certified funds as the
Sept~mber 1999 base rent, less a credit of $2QQ for painting the offices, which will be forwarded
to L~ssor upon execution of this lease. Lessee also agrees to pay to Lessor the sum of $8.890 84
in c~rtified funds to be held as a security deposit with interest credited to Lessee, except 2nA
(il) percent" annually reserved by Lessor, upon execution of this lease. The Lessor shall
esta~lish a separate account with interest reported annually 8S income attributed to the Lessee
by 1099 form. At the expiration of the lease, the security deposit, plus accumulated interest
(les8 2D& (~) percent annually reserved by Lessor) will be returned to the Lessee within thirty
(30) days if Lessee is not then in default under the terms and conditions of this lease and there
are 110 damages other than normal wear and tear to the demised premises and no damages to the
buil<ling and asphalt pavement caused by the [,essee. At all times the Lessor shall control the
secu:r:ity deposit account, and may draw upon it to cure any Lessee monetary default. If the
amount of the security deposit is reduced for any reason relating to curing Lessee's monetary
defa\11t, the Lessee shall promptly properly restore any deficiency,. so that the principal amount
of tue security deposit ia always a minimum of $~~.
25. USE OF TilE PREMISES; COMPLIANCE WITII ENVIRONMENTAL PROTECTION ACTS; Lessee shall
use the premises for a warehouse with offices for the purpose of carrying out Lessee's business
of storage and distribution of new propane equipment WITH NO FUEL OR HAZARDOUS ~~TERIALS STORED
ON SITE. Lessee is granted permission for some outside storage of some product as generally
permitted by applicable codes. Lessee agrees that it shall, at its sole cost and expense,
obse~ve, fulfill, and comply with all of the terms and provisions of any environmental cleanup
act or hazardous or toxic substance acts, which may now or may hereafter be in effect, or amended
from time to time, and all rules, regulations, ordinances, opinions, and orders issued or
prom~lgated pursuant to or in connection with such act or acts by any Department of Environmental
prot_ction, federal or state, any subdivision thereof or any other governmental or quasi-
gove~nmental agency or body having jurisdiction. The obligation of Lessee hereunder shall
survive the termination of this lease.
26. USE OF AREA SURROUNDING DEMISED PREMISES: Lessee shall have the Use of the lot
area (as noted on attached plan known as Exhibit "A") and identified thereon as "Dedicated Yard
Area" surrounding the demised premises adjacent to the north, northwest and northeast end of the
building. Lessee shall at all times conduct its business so as not: to interfere with the
operation of Lessor's business or the business of any other Lesse's. Lessee shall not use the
north lot solely for the 'storing or parking tractor-trailers, trailers. or tr,actors. Lessee shall
exercise great: care so as not to damage the asphalt paving area.
27. TRIPLE NET LEASE: It is understood that this a modified triple net leases ''lith
Lessl'!e responsible for everything except structural repairs, roof repairs, and repair and
replacement of HVAC equipD\ent (if necessary). Tbe space is leaged "as-is" except the Lessor
agrel'!S to make the following alterations and improvements at Lessor's expense by on or about
comm~ncement of the lease:
Broom clean space
Mechanical systems to be
Lighting in warehouse to
Remove garbage and car
All loading doors to be operational
Existing suspended 9Aft heating units in warehouse to be operational
Repair drive through door and adjacent masonry wall
Loading docks-move existing demising wall to givf access to middle dock (for a total
two docks). The middle dock area shall be in cornmon.
Enlarge two dock door openings and doors to 10'xlO~ or minimum of 9'xlO'
Separate or sub-meter electric and gas services as necessary
~
agrees to make the following alterations and improvements at Lessee's expense:
.
.
functioning
be functional
.
.
.
.
Less~e
.
Office area-clean up, paint, remove walls, install new carpet.
Bathrooms~clean up, paint, installs new floor covering.
Routine maintenance (inclUding annual service and replacement of filters) of all HVAC
equipment.
.
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28. SUBLET: Lessee lnay sublet demised premises only with Lessor's prior written approval,
not to l.J(;: unreasonably withhehL
29. COST OF UTILI'rIES: Lessee agrees to pay the cost of all utilit.ies (including fuel,
electric, gas, water, and sewer) consumed within the demised premises. If the cost of any
utility (such as water and sewer) is not separately metered, it shall be prorated as additional
rent on- a proportionate fift:v three percent (.5.ll) factor on an equitable basis.
If the remaining portion of the building 1s not leased or occupied, Lessee shall pay one hundred
percent (~) of the cost of any utility (water and sewer consumption amount only) that is not
separately metered. Any flat amount of the sewer bill shall be prorated on a proportionate basis
outlined above. The additional rent shall be payable upon presentation of a statement and copies
of bills.
30. REAL ESTATE TAXES: Lessee agrees to pay as additional rent it~ proportionate share
Of any real estate taxes. Lessee's proportionate share is fiftv t:hree percent (.5.ll). The
additional rent shall be payable upon presentation of a statement and copies of the real estate
tax bills.
31. FIRE AND CASUALTY INSURANCE AND LIABILITY INSURANCE; lessee agrees to pay as
additional rent its proportionate share determined to be filtY........t.hUUl percent (5.J!lil of the fire
and casualty insurance premiums. In addition, Lessee agrees to pay any additional fire and
casualty insurance premiums incurred as a result of Lessee's use and occupancy of the demised
premises. The additional rent shall be payable upon presentation of a statement and copies of the
bills.
Lessee and Lessor each hereby release and relieve the other, and waive their entire right
of recovery against the other for loss 0 damage arising out of or incident to the peril~ insured
against which perils occur in, on or ahout the premises, whether due to the negligence of Lessor
or Lessee or their agents, employees, contractors, and/or invitees.
Lessee further agrees to carry liability insurance covering the demised premises with
limits not less than $2.000.000 for injury or death of one or more persons and not less than
$500.000 for property damage. Lessee shall furnish Lessor with certificates of insurance
evidencing the insurance coverage referred to in this paragraph and payment of all premiums
relating thereto. Lessee shall hold Lessor harmlesa in the event of any liability claim resulting
from the use and occupancy of the de~ised premises by Lessee.
32. SNOW REMOVAL AND LANDSCAPING: Lessee shall he responsible for maintaining all lot
and access areas utilized by Lessee, inclUding snow removal, and lawn and planting maintenance.
Lessee shall reimburse Lessor its pro~ortionate ahara determined to be ~iftv three percent (liJl)
for any of these coste of services performed by Lessor upon presentation of a statement and
copies of bills.
33. NOTICES;
return receipt requested,
follows;
All notices shall be in writing, postage prepaid by certified mail,
or by recognized national courier service, or delivered in person as
Lessor;
415 Railroad Avenue Associates
C/o RFI Associatea
Artery Plaza
7200 Wisconsin Avenue-suite 1006
Bethesda, MD 20814
Attention: Joshua B. Rales
Telephone: 301-986-0164
With a copy to:
Kenwood Financial, Inc.
400 Nort:h Federal Highway-Suite 204
Boca Raton, FL 33431
Attention: Norman R. Rales
Commercial-Industrial Realty Company
P.O. Box 8910
Camp lIill, PA 17001-8910
Attention: James D. Ross. Associate Broker
Telephone: 717-761-5070 x122
Lessee;
Tarantin Tank and Equipment Company, Inc.
86 Vanderveer Road
FreehOld, NJ 07728
Attention: Thomas Tarantin. President
Telephone: 732-780-9340
34. BREACH OF LEASE; ATTORNEY'S FEES; In the event of a breach of any term, covenant,
warranty, and/or representation in this lease and/or if suit is
of this lease aforjesaid, the parties
party all reasonable attorney's fees,
competent juriSdiction.
Page 4 of 5 pages
'~""'\
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35. EN'I'IRE AGREEMENt'; ThiB Agreement. cont.id.ns t.he whole in writing execut.ed by the
parties hereto.
witness the hands and seals of the parties, the day and year first
above written.
WITNESS OR ATTEST:
LESSEE.TARANTIN TANK and
'--- OEQUIPM~~T COMPANY,
~ .-\.
q,
NC.
~~~.A~.
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~
WITNESS OR ATTEST.
(SEAL)
(SEAL)
LESSOR.415 RAILROAD AVENUE
ASSOCIATES, a PARTNERSHIP
c;/iS VL- (SEAL)
(SEAL)
JJ.A~_~.. ~Y-4~
OI\LEASES\COHHERCIAL LSASE lU.AUKlkoBJlO/961
Page 5 of 5 pages
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APR-05-2001 21:32
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415 RAILROAD AVENUE
SCHEDUL~ OF REIMBURSABLE EXPENSES
DUE FROMTARANTlN TANK,INC.
AS OF AND THROUGH MARCH 6, 2001
HAMPDEN TOWNSHIP
(Sewllr Charges)
January 5, 2000
Apri1G,2000
July 7, 2000
October 5, 2000
January 3, 2001
70.00
70,00
70.00
70.00
70.00
SHEDLOSKY LANDSCAPING
(Reimbursement Rate "53%)
May 19. 2000 233.20 53% 123.60
June 23, 2000 233.20 53% 123.60
July 17, 2000 233.20 53% 123.60
Aug.2,20DO 270.00 53% 143.10
Aug. 7,2000 233.20 53% 123.60
Aug. 31,2000 233.20 53% 123.60
Oct. 13, 2000 233.20 53% 123.60
Nov. 8, 2000 503.98 53% 267.11
ASSOCIATED INSURANCE MANAGEMENT
(Insurance)(Reimbursernent Rate = 53%)
Comm. Liab. Dee. 9, 1999 3,134.00 53% 1,661.02
Umbrella March 3. 2000 491.00 53% 260.23
Comm. Liab. Feb 7, 2001 3,255.00 53% 1,725.15
Umbrella Feb 7, 2001 4'0.00 53% 217.30
KATHRYN W. FETROW. TREASURER
(Real Estate Taxes)(Relmbursement Rate = 53%)
March 8, 2001 1,896.01 53% 1,004.89
GRAND TOTAL DUE TO 415 RAilROAD AVE. $ 6,370.37
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APR-05-2001 21:32
P.02/05
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/
4000 NORTH FEDERAL HIGHWAY, SUITE 204
BOCA RATON, FLORIDA 33431
(561) 392-3333
(551) 7SlJ..6S100 FAX
. March 14,2001
Tarantin Tank and Equipment Company
:86 Vanderveer Road
Freehold, NJ 07728
A1TN: Mr. Thomas Tarantin
Re: Reimbursable Expenses - 415 Railroad Avenue
Dear Tom,
We have audited our records for the 2000 calendar year and discovered that we had
inadvenently not billed you for your proportionate share of the property maintenance and
sewer bills on your unit. We apologize for this oversight and regret any inconvenience
Ihis may cause. As a result, please reimburse 41 S Railroad Avenue Partnership
$6,370.37 for sewer charges, landscaping charges and insurance charges for the 2000
calendar year. We have also included with this billing your propomonate share of the
insurance charges and real estate tax charges for 2001 to date. The payment of$6,370.37
will bring your account current through the date of this letter. Please make your check
payable to "Norman R. Rales" and forward it to me at the above address. I have included
copies of the invoices in question for your review. Payment is due within thirty (30) days
ofthe date of this letter.
Please contact me if you have any questions.
Si1~/ J {j d' -'. /
~andish -~
Chief Executive Officer
CC: Mr. Joshua Rales, 415 Railroad Avenu~ Partners (with enclosures)
Mr. Steve Dorick, 415 Railroad Avenue Partners (with enclosures)
Mr. Jim Ross, Commercial Industrial Realty, (without enclosures)/'
E)Chib;t \'13"
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VERIFICATION
I verify that the statements made in the attached pleading are
true and correct, partially upon personal knowledge and partially
,
/
upon my belief; to the extent language in the attached pleading is
that of my attorneys, I have relied upon my attorneys in making
this Verification.
I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
Date
Y /17 jOt
, ,
Jos~es
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FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP
BY: Mary Ann Rossi
IDENTIFICATION NO. 30013
EAGLEVIEW CORPORATE CENTER
760 CONSTITUTION DRIVE, SUITE 104
P.O. BOX 673
EXTOr<,PA 19341-0673
(610) 458-7500
ATTORNEYS FOR DEFENDANT
NORMAN R. RALES, STEVEN M. RALES,
MITCHELL P. RALES and JOSHUA B. RALES,
partners d/b/a 415 Railroad Avenue Associates,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CNIL ACTION - LAW
Plaintiffs,
: NO. 01-2244 CNIL
v.
TARANTIN TANK AND EQUIPMENT
COMPANY, INC.,
Defendant
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance and that of Fox, Rothscillld, O'Brien & Frankel, LLP, on behalf of
defendant, Tarantin Tank and Equipment Company, Inc.
EXl 28663vl 04/24/01
~~--JilMl"~"r~' _~ ....,
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Dated: April ,,(1,2001
EXI 28663vl 04/24/01
~~, "
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Mary Rossi, Esquire, I.D. No. 30013
FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP
Eagleview Corporate Center
760 Constitution Drive, Suite 104
P.O. Box 673
Exton, PA 19341-0673
(610) 458-7500
" r~
FOX, ROTHSCIDLD, O'BRIEN & FRANKEL, LLP
BY: Mary Ann Rossi
IDENTIFICATION NO. 30013
EAGLEVIEW CORPORATE CENTER
760 CONSTITUTION DRIVE, SUITE 104
P.O. BOX 673
EXTON, PA 19341-0673
(610) 458-7500
ATTORNEYS FOR DEFENDANT
NORMAN R. RALES, STEVEN M. RALES,
MITCHELL P. RALES and JOSHUA B. RALES,
partners d/b/a 415 Railroad Avenue Associates,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
Plaintiffs,
: NO. 01-2244 CIVIL
v.
TARANTIN TANK AND EQUIPMENT
COMPANY, INC.,
Defendant
CERTIFICATE OF SERVICE
I, Mary Ann Rossi, hereby certify iliat, on April ;) Y , 2001, a true and correct copy of the Entry of
Appearance of Mary Ann Rossi, Esquire, and Fox, Rothscmld, O'Brien & Frankel, LLP, was served by
United States First Class Mail, postage prepaid, addressed to counsel for plaintiffs as follows:
EXl 28664vl 04/24/01
'''f;''il
. 10"_
, "
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"
EXl 28664vl 04/24/01
',--~,-~- '-
Bruce F. Bratton, Esquire
Martsolf & Bratton
2515 North Front Street
PO Box 12106
Harrisburg, P A 17108-2106
~~~D.NO' 30013
FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP
Eagleyjew Corporate Center
760 Constitution Drive, Suite 104
P.O. Box 673
Exton, PA 19341-0673
(610) 458-7500
1'- ~-
NORMAN R. RALES, STEVEN M.
RALES, STEWART R. RALES,
MITCHELL P. RALES and JOSHUA B.
RALES, partners d/b/a 415 Railroad Avenue
Associates,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
Plaintiffs
: NO. 01-2244 CIVIL
v.
T ARANTIN TANK AND EQUIPMENT
COMPANY, INC. ,
Defendant
ACCEPTANCE OF SERVICE
I, Mary Ann Rossi, Esquire, on behalf of Defendant in the above-captioned matter, being
duly authorized to do so, hereby accept service of a true and correct copy of the Complaint.
tiil1'.H'."O ..74;' dool
Date
ac2nu p.~
Mary Rossi, Esquire
FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP
760 Constitution Drive
Suite 104
P.O. Box 673
Exton, PA 19341-0673
(610) 458-7500
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TO: Plaintiffs
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN
RESPONSE TO THE ENCLOSED Answer to Complaint with New
Matter and Counterclaim WITIIIN TWENTY (20) DAYS FROM
SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED
AGAINST YOU.
FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP
BY:~CL..J_~
FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP
BY: Mary Ann Rossi
IDENTIFICATION NO. 30013
EAGLEVIEW CORPORATE CENTER
760 CONSTITUTION DRIVE, SUITE 104
P.O. BOX 673
EXTON, PA 19341-0673
(610) 458-7500
ATTORNEYS FOR DEFENDANT
NORMAN R. RALES, STEVEN M. RALES,
MITCHELL P. RALES and JOSHUA B. RALES,
partners d/b/a 415 Railroad Avenue Associates,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND CO., PENNSYLVANIA
: CIVIL ACTION - LAW
Plaintiffs,
: NO. 01-2244 CIVIL
v.
T ARANTIN TANK AND EQUIPMENT
COMPANY, INC.,
Defendant
ANSWER TO COMPLAINT WITH NEW MATTER AND COUNTERCLAIM
COMES NOW, Defendant, Tarantin Tank and Equipment Company, Inc., by and through its
counsel, Fox, Rothscmld, O'Brien & Frankel, LLP, and answers the Complaint against it as follows:
1. Admitted upon information and belief.
EXI 2877lvl 05/04/01
!1'..,"_' ~. c"^' "_.,,__,
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111
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2. Admitted.
3. i\dmitted.
4. Admitted.
5. Denied. It is denied that defendant is in default. To the contrary, the
Commercial Lease provides, at paragraph 2, a five-day grace period after willch a five percent (5%)
late fee is assessed as additional rent. The Commercial Lease further provides for default, if
nonpayment of rent persists for ten (10) days. Defendant paid the rent due and owing, plus a five
percent (5%) late fee, on or about April 13, 2001. Pursuant to the express terms of the Commercial
Lease, tenant would not have been in default until April 15, 2001, i.e., ten (10) days after the grace
period expired.
6. Denied as a conclusion oflaw to willch no responsive pleading is required or as
an interpretation of a written document, willch speaks for itself. By way of further answer, defendant
did pay the five percent (5%) late fee.
7. Denied. The provision providing for acceleration of rent requires a default;
defendant is not in default. By way of further answer, a clause accelerating rental is a penalty and is
not automatic.
8. Admitted.
9. Admitted. By way of further answer, defendant has paid tills amount.
10. Denied. Defendant has paid the rental for April, plus a five percent (5%) late
fee as more fully stated above and has paid the rental due for May.
WHEREFORE, defendant prays this Honorable Court to dismiss plaintiffs' complaint and to
award defendant costs of suit as provided by law.
2
EXl 28771vl 05/04/01
-tWWf. _ ~,
" ~
I '! T
-
NEW MATTER
11. Defendant incorporates herein by reference its answers to paragraphs I through
10 of the complaint as if fully set forth.
12. Defendant has never been in default under the Commercial Lease and has
never, prior to April 1, 2001, failed to pay the rent as of the first day of the montll.
13. In or about February of2001, plaintiffs and defendant entered into negotiations
toward the purchase of the Property by defendant.
14. In the course of the negotiations, representations were made to defendant
concerning the condition of the property and remediation thereof, including environmental
remediation.
15. In reasonable reliance upon the representations made, defendant expended
certain appraisal and attorney fees in contemplation of the transaction.
16. Without justification or explanation, plaintiffs failed and refused to act in
accordance with the representations made and the transaction was not consUlllffiated.
17. Plaintiffs had an obligation to negotiate in good faith with defendant, but
breached this obligation to the detriment of defendant.
18. Defendant expended Three Thousand One Hundred Dollars ($3,100.00) in
reliance upon the oral promises and representations made by or on behalf of plaintiffs.
WHEREFORE, Defendant, Tarantin Tank and Equipment Company, Inc., prays this
Honorable Court to dismiss the complaint with prejudice.
COUNTERCLAIM
19. Defendant incorporales herein by reference the answer to paragraphs 1 through
18 above as if fully set forth at length.
3
EX! 2877!v! 05/04/01
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20. Defendant reasonably relied upon the oral promises and representations of
plaintiffs as more fully described hereinabove to its detriment.
21. Plaintiffs are liable to defendant for reimbursement of the costs described
hereinabove.
WHEREFORE, Defendant, Tarantin Tank and Equipment Company, Inc., prays this
Honorable Court for judgment in its favor against plaintiffs in the amount of Three Thousand One
Hundred Dollars ($3,100.00), plus interest and costs of suit.
aG4vL
Mary ROSSI, Esqurre, l.D. No. 30013
FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP
Eagleview Corporate Center
760 Constitution Drive, Suite 104
P.O. Box 673
Exton, PA 19341-0673
(610) 458-7500
Dated: May 4,2001
4
EXI28771vl05/04/01
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VERIFICATION
I, THOMAS T ARANTIN, verify that I am the President of Tarantin Tank and Equipment
Company, Inc.; that I am authorized to take tills Verification in its behalf; that I have read the
statements given in the Answer to Complaint with New Matter and Counterclaim; and that the
statements contained therein are true and correct to the best of my knowledge, information, and
belief.
These statements are made subject to the penalties of 18 Pa. C.S.A. 11 4904, relating to
unsworn falsification to authorities.
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THOMAS TARANTIN
Dated: May -3 ,2001
EXl 28858vl 04/30/01
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FOX, ROTHSCIDLD, O'BRIEN & FRANKEL, LLP
BY: Mary Ann Rossi
IPENTIFICATIONNO. 30013
EAGLEVIEW CORPORATE CENTER
760 CONSTITUTION DRIVE, SillTE 104
P.O. BOX 673
EXTO}/,PA 19341-0673
(610) 458-7500
ATTORNEYS FOR DEFENDANT
NORMAN R. RALES, STEVEN M. RALES,
MITCHELL P. RALES and JOSHUA B. RALES,
partners d/b/a 415 Railroad Avenue Associates,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
Plaintiffs,
: NO. 01-ZZ44 CIVIL
v.
T ARANTIN TANK AND EQUIPMENT
COMPANY, INC.,
Defendant
CERTIFICATE OF SERVICE
I, Mary Ann Rossi, hereby certify that, on May 4,2001, a true and correct copy of the Answer to
Complaint with New Matter and Counterclaim was served by United States First Class Mail, postage
pfepaid, addressed to counsel for plaintiffs as follows:
EXI 28664vl 05/04/01
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Bruce F. Bratton, Esquire
Martsolf & Bratton
2515 North Front Street
PO Box 12106
Harrisburg, P A 17108-2106
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Mary Rossi, Esquire, I.D. No. 30013
FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP
Eagleview Corporate Center
760 Constitution Drive, Suite 104
P.O. Box 673
Exton, PA 19341-0673
(610) 458-7500
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NORMAN R. RALES, STEVEN M.
RALES, STEWART R. RALES,
MITCHELL P. RALES and
JOSHUA B. RALES, partners
d/b/a 415 RAILROAD AVENUE
ASSOCIATES,
Plaintiffs
v.
TARANTIN TANK AND EQUIPMENT
COMPANY, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-2244 CIVIL
NOTICE TO PLEAD
You are hereby notified to file a written response to
Plaintiffs' New Matter in Response to Defendant's Counterclaim
within twenty (20) days from service hereof or a judgment may be
entered against you.
Date J 6 ~7 0 I
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Respectfully submitted,
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Bruce F. Bratton, Esquire
Pa. Attorney I.D. No. 23949
2515 North Front Street
P. O. Box 12106
Harrisburg, PA 17108-2106
(717) 236-4241
Attorneys for Plaintiffs
M~
NORMAN R. RALES, STEVEN M.
RALES, STEWART R. RALES,
MITCHELL P. RALES and
JOSHUA B. RALES, partners
d/b/a 415 RAILROAD AVENUE
ASSOCIATES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-2244 CIVIL
Plaintiffs
v.
TARANTIN TANK AND EQUIPMENT
COMPANY, INC.,
Defendant
PLAINTIFFS' REPLY TO NEW MATTER
AND ANSWER TO COUNTERCLAIM
Plaintiffs, by and through their attorneys, MARTSOLF &
BRATTON, respond to the Defendant's New Matter and Counterclaim as
follows, making reference to the paragraph numbers contained
therein.
11. Plaintiffs restate and incorporate by reference the
allegations in Paragraphs 1 through 10 of the Complaint as if fully
set forth at length.
12. The allegations of Paragraph 12 of Defendant's New Matter
constitute or contain conclusions of law to which no responsive
pleading is required. To the extent a response is required, such
allegations are denied. To the contrary, Defendant was, in fact,
in default by failing to pay the monthly rental required of it on
or before April 1, 2001 and by failing to make such payment for a
period in excess of 10 days from the date it was due.
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13. Admitted in part and denied in part. It is admitted that
Thomas Tarantin, an officer, shareholder, director, employee or
agent for the Defendant, on or about February 1, .2001, telephoned
Joshua Rales, one of the Plaintiffs in this proceeding after
Plaintiffs had listed the property for sale through Commercial -
Industrial Real Estate, a real estate brokerage firm. During the
course of the telephone conversation, Messrs. Tarantin and Rales
discussed the basic terms of a possible sale.
14. Admitted in part and denied in part. It is admitted
that, during the telephone conversation described in Paragraph 13
hereof, Joshua Rales advised Mr. Tarantin of prior environmental
questions raised as to the property and steps taken or being
undertaken to address those concerns. Any implication, however,
that Plaintiffs and Defendant had entered into any type of binding
agreement in the subject telephone conversation is expressly denied
as Mr. Rales had advised Mr. Tarantin that he should reduce the
Defendant's proposal, if any they wished to make, to a writing and
forward it through the Plaintiffs' real estate brokerage firm.
15. After reasonable investigation, Plaintiffs are without
sufficient information to form a belief as to the truth of the
allegations in Paragraph 15 of Defendant's New Matter and such
allegations are therefore denied. Means of proof of such
allegations is in the control of the Defendant and strict proof of
same is demanded at the trial of this cause if relevant.
16. Denied. To the contrary, Defendant's written proposal
received by Joshua Rales, one of the Plaintiffs, on or about
February 6, 2001, contained additional terms, raised additional
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issues and otherwise did not contain the terms discussed by
Messrs. Rales and Tarantin, as Defendant was well aware since, in
subsequent conversations, Thomas Tarantin had blamed the additional
or different terms on his lawyer's mistakes. By way of further
denial, Plaintiffs were under no obligation whatsoever to enter
into any contract for the sale of their property to the Defendant
and the Defendant's expenditures of any type, if any such
expenditures were actually made, were at the Defendant's risk.
17. The allegations of Paragraph 17 of Defendant's New Matter
constitute or contain conclusions of law to which no response is
required. To the extent a response is required, Plaintiffs deny
that they were under any obligation to the Defendant whatsoever and
further deny that they breached any such implied obligation of good
faith as alleged by the Defendant in any case. To the contrary, it
was the Defendant's or Defendant's lawyer's breach by attempting to
add additional terms in a proposed written contract which led to
the breakdown of the negotiations. There never was a valid and
binding agreement or contract between the Plaintiffs and the
Defendant concerning any issue other than the commercial lease
which is the subject of the Plaintiffs' action against Defendant.
It was, Plaintiffs submit, the Defendant's lack of good faith that
led to the breakdown of the negotiations.
18. After reasonable investigation, Plaintiffs are without
sufficient information to form a belief as to the truth of the
allegations in Paragraph 18 of Defendant's New Matter and such
allegations are therefore denied. Means of proof of such
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allegations is in the control of the Defendant and strict proof of
same is demanded at the trial of this cause if relevant.
WHEREFORE, Plaintiffs restate their request for relief as
stated in the Complaint filed in this matter.
Answer to Counterclaim
19. Plaintiffs hereby incorporate by reference all
allegations of Plaintiffs' Complaint and the admissions and
allegations contained in Paragraphs 11 through 18 hereof as if
fully set forth at length herein.
20. The allegation of Paragraph 20 constitutes or contains
conclusions of law to which no responsive pleading is required. To
the extent a response is required, however, Plaintiffs deny that
the Plaintiffs had made any "oral promises and representations" or
that the Defendant had any reason to rely on any of the statements
made by the Plaintiffs other than in the ordinary course of
negotiations. All such reliance by the Defendant and any
expenditures by the Defendant during the negotiation or in
anticipation of entering into a contract to purchase a parcel of
real estate was, as is the case is almost all commercial real
estate transactions, undertaken at risk by the Defendant.
21. The allegations of Paragraph 21 of Defendant's
Counterclaim constitute or contain conclusions of law to which no
responsi ve pleading is required. To the extent a response is
required, Plaintiffs deny any liability to Defendant whatsoever for
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costs incurred by the Defendant, if any, in the course of a failed
negotiation to acquire a parcel of real property.
WHEREFORE, Plaintiffs respectfully demand judgment in their
favor and against the Defendant with respect to Defendant's
Counterclaim, plus interest and costs of suit.
Plaintiffs' New Matter in Response to Counterclaim
22. Defendant's Counterclaim fails to state a cause of action
upon which relief can be granted.
23. Defendant's Counterclaim is barred by the Pennsylvania
statute of frauds.
24. Defendant's losses or damages, if any there were, were
the result of the Defendant's own failures to act or unreasonable
actions and/or were the result of breaches and failures of third
parties, including but not necessarily limited to Defendant's
lawyers, and were not the responsibility of the Plaintiffs.
WHEREFORE, Plaintiffs demand judgment in their favor and
against the Defendant with respect to Defendant's Counterclaim,
together with costs of suit.
Date
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Bruce F. Bratton, Esquire
PA Attorney I.D. No. 23949
2515 North Front Street
P. O. Box 12106
Harrisburg, PA 17108-2106
(717) 236-4241
Attorneys for Plaintiffs
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VERIl'I~TION
I verify that the statements made in the attached pleading are
true and correct, partially upon personal knowledge and partially
upon my belief; to the extent language in the attached pleading is
that of my attorneys, I have relied upon my attorneys in making
this Verification. r understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unswOrn falsification to authori
Dat..
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CERTIFICATE OF SERVICE
I hereby certify that I today served a true and correct copy
of the foregoing Plaintiffs' Reply to New Matter and Answer to
Counterclaim, by placing the same in the U. S. mail, postage
prepaid, addressed to:
Date
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Mary Ann Rossi, Esquire
FOX ROTHSCHILD O'BRIEN & FRANKEL
760 ConstItution Drive
P. O. Box 673
Ex'on, 'A '93"-06~. ~ . ~;.f
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Bruce F. Bratton, Esquire
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FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP
BY: Mary Ann Rossi
IDENTIFICATIONNO. 30013
EAGLEVlEW CORPORATE CENTER
760 CONSTITUTION DRIVE, SUITE 104
P.O. BOX 673
EXTON, PA 19341-0673
(610) 458-7500
ATTORNEYS FOR DEFENDANT
NORMAN R. RALES, STEVEN M. RALES,
MITCHELL P. RALES and JOSHUA B. RALES,
partners dJb/a 415 Railroad Avenue Associates,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND CO., PENNSYLVANIA
CNlL ACTION - LAW
Plaintiffs,
: NO. 01-2244 CNlL
v.
TARANTIN TANK AND EQUIPMENT
COMPANY, INC.,
Defendant
REPLY TO NEW MATTER ON COUNTERCLAIM
COMES NOW, Defendant, Tarantin Tank and Equipment Company, Inc., by and through its
counsel, Fox, Rothscillld, O'Brien & Frankel, LLP, and replies to the New Matter to Counterclaim as
follows:
22. Denied as a conclusion of law to willch no responsive pleading is required.
23. Denied as a conclusion of law to willch no responsive pleading is required.
EXl 30178v1 06/18/01
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19. Denied as a conclusion oflaw to willch no responsive pleading is required. To
the extent this allegation is deemed to be an allegation offact, it is denied that Defendant's losses
were caused by the actions of itself, or any third parties. To the contrary, the losses were the result of
the actions of Plaintiffs as more fully alleged in the counterclaim.
WHEREFORE, Defendant, Tarantin Tank and Equipment Company, Inc., prays this
Honorable Court for judgment in its favor against plaintiffs in the amount of Three Thousand One
Hundred Dollars ($3,100.00), plus interest and costs of suit.
~~~L
Mary ROSSI, EsqUlre, I.D. No. 30013
FOX, ROTHSClllLD, O'BRIEN & FRANKEL, LLP
Eagleview Corporate Center
760 Constitution Drive, Suite 104
P.O. Box 673
Exton, PA 19341-0673
(610) 458-7500
Dated: June 18,2001
2
EX! 30178vl 06/18/01
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JUN-18-01 MON 04:14 PM- TARANTIN PROCUREMENTEMEN FAX: 7328668407
,101 llON 14: 29 FAX 1'0.1 ROTIISCHILD
1/
VllIlUFICAll0N .
. PAGE 1
1, THOMAS TA:AANI1N, verifY that I am the Presi\:lent ofTarantin Tank and Equipment
CompIlllY. Inc.: that I am authorized to take this Verl1illation in its behalt; that I have read the
statements given in the Roply to New Mattl:r on Countetlllalm; and that the statements c:ontained
therein are true ao.d COlTllCt to the best of my knowledge, lnfomtation, and belief.
These statements are made subjellt to till! plmll1ties of'l8 Pa. C.S.A. ~ 4904, relating to
unsworn flllsilic:alion to authorities.
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THOMAS T.AIR.A.NTI:N
Dated: June 18 ~OOl
IDel :l3158yl \l(j/04I01
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FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP
BY: Mary Ann Rossi
IDENTIFICATION NO. 30013
EAGLEVIEW CORPORATE CENTER
760 CONSTITUTION DRIVE, SUITE 104
P.O. BOX 673
EXTON, PA 19341-0673
(610) 458-7500
ATTORNEYS FOR DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NORMAN R. RALES, STEVEN M. RALES,
MITCHELL P. RALES and JOSHUA B. RALES,
partners d/b/a 415 Railroad Avenue Associates,
: CIVIL ACTION - LAW
Plaintiffs,
: NO. 01-2244 CIVIL
v.
TARANTIN TANK AND EQUIPMENT
COMPANY, INC.,
Defendant
CERTIFICATE OF SERVICE
I, Mary Ann Rossi, hereby certify that, on June 18,2001, a true and correct copy of the Reply to
New Matter on Counterclaim was served by United States First Class Mail, postage prepaid, addressed to
counsel for plaintiffs as follows:
EXI 28664vl 06/18/01
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Bruce F. Bratton, Esquire
Martso1f & Bratton
2515 North Front Street
PO Box 12106
Harrisburg, P A 17108-2106
~~E~.NO.30013
FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP
Eag1eview Corporate Center
760 Constitution Drive, Suite 104
P.O. Box 673
Exton, PA 19341-0673
(610) 458-7500
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NORMAN R. RALES, STEVEN M. RALES,
STEWART R. RALES, MITCHELL P.
RALES and JOSHUA B. RALES, partners
d/b/a 415 RAILROAD AVENUE
ASSOCIATES,
Plaintiffs
v.
TARANTIN TANK AND EQUIPMENT
COMPANY, INC.,
Defendant
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 01-2244 CIVIL
PRAECIPE
Please mark the above-captioned action and all claims and counterclaims raised therein
settled, discontinued and ended with prejudice.
Date 40/:', /. <>;r ~ doC) /
Date ~UA...t. 6/ <R 0 CJ I
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Respectfully submitted,
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Bruce F. Bratton, Esquire
Pa. Attorney I.D. No. 23949
2515 North Front Street
P. O. Box 12106
Harrisburg, PA 17108-2106
(717) 236-4241
Attorneys for Plaintiffs
FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP
BY~~~A"
M Ann Ross!, Esquire
Eagleview Corporate Center
760 Constitution Drive, Suite 104
P.O. Box 673
Exton,PA 19341-0673
(610) 458-7500
Attorneys for Defendant
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