HomeMy WebLinkAbout01-03166
o~ ~~
'-
.
~-
" "
~ '~ ~ O!il;o;'~
,
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CROWN AMERICAN PROPERTIES, L.P.,
by Crown American Realty Trust, its Sole
General Partner
Plaintiff,
v.
No. DI-3/~'- CU'( '7-~
cyberXpo.com, Inc.,
Defendant.
Civil Action - Law
CONFESSION OF JUDGMENT UNDER RULE 2974
Pursuant to the authority contained in the warrant of attorney, the original or a
copy of which is attached to the Complaint filed in this action, I appear for the
Defendant and confess judgment in ejectment in favor of Plaintiff and against Defendant
for the possession of the real property described as follows: a,specified location (kiosk)
in the Capital City Mall, 3506 Capital City Mall Drive, Camp Hill, Cumberland
County, Pennsylvania. (See attached map).
CGA Law Firm
Countess Gilbert Andrews P.C.
~s_~
Craig . Sharnetzka, Esquire
Attorneys for Defendant
Date: May 17, 2001
l:t~~
~b/27!2e0a 12:e2
~ ;<1.\
· ! r
:
:.
is'~' H
>"li~ ".
~.
()
~ ~
=3~S;
>><::
t"" 00 Z ~
()~>
=3FQ~
~r"'t2j
,>~
~Z(")
> >
t'" Z
r-
81aS359499
i J
1 ~-"",~~ =. ~~~..~'"." '" ,1__
jl<l";"';~
CROWN AMERICAN DE\!
!
I
I!
I'
,I
I
I,
t>1~
PAGE il5
- (I)
g~~
.. %l
;: en
,
,
,
I,
"
- -'
"'.... (!i)
-
..
@
I
. "~(ij
=--
"'" ..-
(ii)- -:U.
II -=- ~
---ljI
~tI. t!1
---, r.:
,.. t5
. _"1IiII'f EiI
;. _U. 0
iU,fij ,
.
.
:J:
!!i In
~Qn
!l t!I :J:
':: '1
en
6.
I
I
~
. Be 101 .
. ~'I'I!I ...
c !
. ',a. .
\
~
t>
c..
n
- ~
;= lJ
.J;l:J
DflS=
9' III
~ '<
~
~ ,..j
&~t,.",r ()
__~~~tHiJi*~!Wi,,;\~[~~Uk,\.<;1':'>~"1;j""'1~'h-j<'!Hhl"'tl<!<i>ll~_1I1j'-I 'rm~-.~";t"'-~
~UI~]JU1",,,, ",",,,,,,,,__M=~,"~,,~W _. ""',,",'""',~,
_ _ ~",~,"-_ .~> ~"."~__.",.O>"'-'""',',,,,~~
",~9_ 0' ,
_ 'i" ~.
~"
'l,=lII' ,j, ~ i-,",",-";'.."-'H"jf'~r" ,"' - "-
Q
S.
1:.,1C.G
f'T1rn
Z.~~__;
~3~
c.::t={
--
;~8
~
-<
-"-
C)
-,"'"
'"<
:'0
,',.'
m
c;-
v::;
,
"[j
.' ~
,-~;
f--i
"
:b
-<
~
l~
, I
t.
'"
L il1iIf ~ ~~- -'~""",
,.
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CROWN AMERICAN PROPERTIES, L.P.,
by Crown American Realty Trust, its
General Partner
Plaintiff,
v.
No. 0/- ..3J~(",
G~.,('T~
cyberXpo.com, Inc.,
Defendant.
Confession of Judgment - Ejectment
COMPLAINT IN CONFESSED JUDGMENT IN EJECTMENT
AND NOW, TO WIT, this 18th day of May, 2001, comes the Plaintiff, Crown American
Properties, LP., by its General Partner Crown American Realty Trust, by its attorneys, CGA
Law Firm, (Countess Gilbert Andrews, P,C.), and files the following Complaint:
L Plaintiff, Crown American Properties, LP., by its General Partner Crown
American Realty Trust, is a business trust organized and licensed to conduct business in the
Commonwealth of Pennsylvania, having a business address of Pas que rill a Plaza, Johnstown, PA
15907-0879 (hereinafter "Plaintiff'),
2. Defendant, cyberXpo.com Inc., is a corporation having a last known business
address of 102 Decker Court, Suite 203, Irving, Texas 75062 (hereinafter "Defendant").
3. Plaintiff is the owner ofreal property here described on Exhibit "A" ("Property"),
which is incoporated herein by reference.
4. Plaintiff acquired title to the Property through a deed dated August 17, 1993, said
deed recorded in the Cumberland County Recorder's Office in Deed Book Volume L-36, Page
i;!j"
~ - -.....
-"
-'-""""""""~;';i
;
1141. A true and correct copy of the deed is attached hereto as Exhibit "B" and incorporated
herein by reference,
5. The Property being the same premises which Gulf Oil Corporation by deed dated
November 5, 1974 and recorded in the Cumberland County Recorder's Office in Deed Book
Volume 25, Page 792 granted and conveyed onto Crown American Corporation.
6. The Property is further identified as 3506 Capital City Mall Drive, Camp Hill,
Pennsylvania.
7. On or about June 29, 2000, Plaintiff contracted with Defendant to provide
Defendant with a license permitting Defendant to install and operate an Internet kiosk at a
specified location on the Property within the Capital City Mall ("Defendant's Location"). A true
and correct copy of the License Agreement is attached hereto and incorporated herein by
reference as Exhibit "c" ("License Agreement ").
8. Defendant's Location is specifically identified on a map of the Capital City Mall.
A true and correct copy of said map is attached hereto as Exhibit "D" and incorporated herein by
reference.
9. In consideration of the license provided to Defendant by Plaintiff pursuant to the
License Agreement, Defendant agreed to pay Plaintiff a fixed minimum license fee of Three
Thousand Three Hundred Thirty-Three and 001100 ($3,333.00) Dollars per month.
10. Defendant has failed to make its minimum license fee payment of Three
Thousand Three Hundred Thirty-Three and 00/100 ($3,333.00) Dollars to Plaintiff for the
months of January, February, March, April, and May 2001.
. "
-" _J,
..
~,,~-- w' H'. -~ '!ii;:Y'
II. Plaintiff notified Defendant of its default under the License Agreement by a
notice of default letter dated February 21, 2001, A true and correct copy of said notice of default
letter is attached hereto and incorporated herein by reference as Exhibit "E",
12. Defendant failed to cure its default under the License Agreement.
13. The License Agreement provides that upon Defendant's failure to timely cure the
default, the Plaintiff may terminate the License Agreement by providing a termination notice to
Defendant stating the effective date of the termination.
14. Plaintiff notified Defendant of the termination of the License Agreement by
Notice of Termination dated May 2,2001. A true and correct copy of said Notice of
Termination is attached hereto and incorporated herein by reference as Exhibit "F".
15. The License Agreement has been terminated.
16. The License Agreement authorizes a confession of judgment in ejectment if the
License Agreement is terminated.
17. Plaintiff is authorized to confess judgment in ejectment against Defendant for
possession of the Defendant's Location by warrant of attorney contained in Paragraph 15 of the
License Agreement.
18. Plaintiff has not previously confessed judgment in ejectment against Defendant in
any jurisdiction permitted to adjudicate same.
19. All conditions precedent have been satisfied prior to the entry of the confessed
judgment.
20. The License Agreement has not been assigned.
"~
,.;...
L,.', '",-, ~
~"~" .,"'""tl;;;Y~~i;
21. Judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
WHEREFORE, Plaintiff demands judgment in ejectment against Defendant and the
immediate possession of Defendant's Location as authorized by the warrant of attorney
appearing in Paragraph 15 of the License Agreement and for such other and further relief as this
Honorable Court deems proper.
CGA Law Firm
Countess Gilbert Andrews, P.C,
By: S S~
Craig S. S arnetzka, Esquire
Supreme Court J.D. 83863
29 North Duke Street
York, PA 17401
(717) 848-4900
Attorneys for Plaintiff
"
II
.,. ,-<_,', .'", __ J '.
'" ~-"'...>~;\-:;
MAY-16-01 11:07
FROM-CROWN AMER I CAN
8145859848
7-779 P,07/07 F-422
,
VERIFICATION
I, the undersigned, Martin Nadorlik, Real Estate Counsel and Director of Lease
Administration of Crown American Realty Trust, sole General Partner of Crown American
Propenies, L, P., hereby affirms that the facts contained in the foregoing Complaint are true and
correct to the best of my knowledge, information and belief. This statement is made subject to
the penalties provided under 18 Pa. C. S. ~ 4904 relating to unsworn falsifications to authorities.
CROWN AMERICAN PROPERTIES, L. P.
by CROWN AMERICAN REALTY
TRUST, its Sole General Panner
BY:~
Martin NadorIik
Real Estate Counsel
Director of Lease Administration
Dated: Mav 16. 2001
..
"'.
,j."", - ~ '--
i.;"~"-~li<- .-.
A:71.':nG:g"
MAY-IS-OJ 11:0T
~
FROM-CROWN AMERICAN
8145359343
T-TTI P,05!OT F-422
,
Parcel 1 .
AI;I. 'f}IAT CElIT,\IN U:act err. pRrcel ot llUUi situat.e I.D. the TClWn$M'P of Lc\.;er All..",.
Cl.IulILY af Culllbedand. CO\lllllQUwe...lt;h. of Pemusybmia.. 11I01:'" ~art:iculady l:cum~lI=d and
described os follows to witl .
EXErBrr "A..
l\E~lNN.tlllG 11t. II p<:liuc ell\ !:he Horche:n lUr;hi:-of--W...;. Il.D.e of Kou:tzcl&le D:ive at the
I:O=i.!IUIt 01 23 (!.lOt. rlldius coaneatins the Northem 1i.nr; of Hat't:Oale Ddve with the
w..~Lel'tl li.... elf Capita~ Hall llI'ive: t:he=e alOJ;J$ the ll=the= :lI.i.t.-of-'Gfay line of
llI:lJ:'t2.dalc Drive. SQllth 53 Clegrees lZ m1nutes.22 HCOA Wesc. a dUi'CaDCe of Z~2!1.15
feet. to IS point; t.h=ce 1I.10t13 a. curve. curviDa to l:ba dBht havins a ehotld bearinl:.
No'"t,h 83 clelotrees Zlil minut(!s S8 secondfJ W'=St. a dbn::lI'lIl:c of 61.139 feel:. a l:l!ldillS of
45.091 IInd IIn a= lellgtl\ of 68.24 feet 1:0 a paint au. the Ba5tun tiSIl.t-of""W'IIY line
or Zi.lImlerlh3lt tldve; tbencc alollS the Zi_cr_ Drive lilith1:-of-Way lUte. liIoJ:'th 39
dc;:rc:c:o 54 ...."'Ul:.... IS G"",o.ld:a Weal:, " d~=c of 889.62 f....t 100 II. poine ..... ene
8",uLh.."u. Right-of-l~ay line of new U.S. ROl1te 15; ~a in II. lIlo:z:thesscedy
<;lLr<:lCtloo. along illllic1 Il.i.gnc-of-way the eolloloiiDt c:oun= am:I. d1:Sl:aft~lZlO. 1l0rel1 4S
dcu.rccs 16 minutl:ll 22. seecllll1S Ease. a ClllitlUlcll at Ul.311 fael: to lit point; thence
alung a c:u~e. courvina to the left ha'l''UIg a. c:hom benoing NoT:th. 42 dqrftS 09
lIIilll1~s 49 seconds East. ,8 distance of 399,lil6 feet. Ii:adiU Clf 3078.88 f_1: and _
a= lenzth of S99.26 :l:eet to a 'P:IUtl:; thtmee South 5fI Q....,.:e,=. 56 1II1n111;0$ 44 sec:onds
r.....;;t. a distance gE 3l/l.1i1llJ f..et. to a point; th_ al== a C=ve. et=Vioa to the
leEt. hAvit\llo " cbtnd. beo:ru.;.. lIorell. 37 dl!l5=lo$ I/Jl, ..~vtes 3J. aec:=.cb Ea.t. ll.
dhtLlIlle.. ur 2.'b.17 fee~. a radius of 3788.S0 feet: amI..JllI,.-~ 1~ of ZS6.22 feet
to a pOUlt.; tllellce Soudt 54 dIlgree:t 51, D1inur:es 14 aec=ds East. a ei!ar:aucc of W.f60
tct~l. I:Q a paintl them:e al~ a cu:eve. c:.u.:evillg to the lett havi11l: a c:h(m::I. 'tleadng.
North 32 daarees 55 lIlinutes 99 seconds Eest. a distlllic:e af 283.29 feet. a radius of
37ZR.1l9J feet ~ an w:c leneth 01: 2$3.36 feee to a pCliD.t: ..,,-~ South 59 cle..""t'ee5
\S lIIillU.tO:H Z8 lOeccmds East. a eU.stance gf 18.811I fC'1Ct t:a a paint; thesu:e Worth. 31
dtasre"-li 05 IIUlt1teS Sit sec:oods East. Ii distance af 395.21 :eet 1:9 a pciAl:; \:hev.ce
al<>n1& .. Qw:rve. couz:virIG: co tlt.. 1:'iaht:. haviq a c:llo= booou:bc. Jfcn!t::A. 32 d~~ 59
lItlnutcs 36 secoads Ba:ot:. a cUsta=c af 23.26 feet. a Deli.= of 35f1.74 fat and au
arc: hmsth aE 23.27 feel: to II. point; tb.=ce Ro>:th 55 depees 1116 lIlimltl'8 2Z st:Cl:ll1ds
~st;. a. distance at 29.00 teet to a paint: t:htmce al=z B =e. ='l:VUlg to the
ri2ht hav!l1c a cbord bandne. Ng~th 47 de.jil.-E!S !is lDiDUtu 38 llec:c:mds EaSt:. a
dtl'itancc: at: 166.79 felee. B l:lUibs at 370.74 f-e mull1'4 =c: l=th of 1.68.23 feel:
1:U 14 po tilL:: tlwnc:e lIot'th 29 decnes B6 1Iin'ac:es 23 sec:omls West. a clis1:al:lCe. of 36. Bill
[_I. 1:0 . point; them.oe atotlS' II. cu:ve. cm:vitll; to t1tc :r1Chl: hav_ a c:hI:mi bea1:Ul&.
llo"tll. 61 ~..co sa .in...e= 27 ..0lCQDd00 2=1"'. do dJ.<;_.. 01: 15.310 =_1:. . 1:~j,_ of
ttl~l'i.7'" feel: and llll am lam:th of 15.34 feet: to a pomt\ t1:le'l'~ NOttll. 63 degnq 14
lIlit\ul:CS 57 sec:cnds Eal;1:.. a distanee of 85.51t feet to II point; .""~C(> alone a c:urve.
ClU.'Vi.ug lU Lb.. le:1; Imvill2: a CU01:d b~inC. RCI'Ct:I1 6t!I ~ 15 IIlUtutes 5'1 secondS
-=,""L. a d.ull:=ce af 40.:aS feet.. a DeU.us of 3116.4It IIIId lIIL CQ:C 1~ af 40.27 feec
tQ s' point: thenctl lenving the Scuttle=. llisht-of-way line of 1\,C'" U.S. Iiotate 15 3IIli
to llowinc the Wesl:~ aisfu:-oE-llal" Ibis of ClIpil:ll1 !Ian ~i.,. t:he followins l;QUJ:Ses
liPUl cltstanc=. al~ a ctl::ve. c!:u:cvtas to the :right ha"i.Ilg It. cbcri besri:I:Ic. South 65
0:1_"...... 4/, ..i....I:.... III _e<mdl: Eaac. . cu...~ of 1079.89 i_c... =<Jd,i..... 01: 4:t7.SS
reel. ;md lilt a1:C lengtl1 of SIiI8.5"l; feet to a paUlt:; ..hlll'~ Bov,th. a1 depae& :SS
lIlill.IJtcs 37 5llC:Qnd8 lal,t:. .. disc== of Ul9.1l7 feet t:D a PClat; tl,,,== tto~ 58
d~= Zl minub:a 23 seconds 1::as1:. a distm1C1!l of S.H fe,et tD a. pomt; thcnc:= an a
curve. C:U~~ to the \..ft havi.lII; a cbord. beariJ:ll!;. SOuth 42 d&~e_ 51l1imr.te:!l U
$e<:r,mds East. a disl:.lUlc:e af 174.51 feet. a tadlUI5 of r.48.74 f2et ami. SS\ arc: l<ma:th
ot l7S .63 feet to a 'P<>i.1\l:~ d1l!S31:e Sallt:h 54 de(::z:Ce!l 84 IllUm1:t!s 97 5'''''"'0'''''. ES:;I:. a
dh't.lIDr... .,f Il1le.011 f~e1: 1:0 a tlCim:; d1e!1ee Oft. a =e. c:tlnil1r: to the :t'~ ha,violl5
.. ~-twC'd bc""iI>l:::. S.",n:h 1,8 rd..es:no=s 29 1Ili=r:.... 42 a..... ..- EaIlt. 0. d~~ of lS9. 7S
fucl:. ::1 rllliL\1liI of 564.96 fElec .astcI am ...rc leo:th of llIJ9.92. fBe1: to a poml:~ ~C::"
Suueb. 42. dttg"ees 55 ..lnul:.... 16 scr:I:lnds i=C:. e. distance a: 76.35 feet to a. poUle:
tll.Cltl:e $O\\th 30 c1e~eC!S 117 lIlinul:8S 38 seccmlS EaSe. a Q1seanca oS! '337.46 feet: to a
po.'ILnr.: \:l\ttncr:. alr.lt\1t.a curve. curving tQ the rLghr: havUl; a choci bearill:S. south ma
'!,-.r1liB~~~ ,
i.,
_-.,,,,,,-,,.1
~
,- .
,
C"~j~'#Wi,it
MAY-16-01 11:07
.' ....
FROM-CROWN AMERICAN
8145359343
T-779 P.06/07 F-422
.
deg;reo:" 1) mlmu.es ~1 lIt!t:oa.cl:l ROlli:, a c1istanc:1\l of 32.53 feet. a ~us 'of 23.00
fe61 and an "1:C length. of ~6.13 feet to l!I. po~nl:. said polm: be!ssg the point. of
l:Rt~iullln\\:.
"
CONTAtNtNG 54.1855 ac~e..
'11lb I"IS..! descri.ption tor.IS \>t'ep4red 111. a=~ wLUI. \l. ll&t'Vey IIIaCle by Uartmuu' Ii:
ASsc,c:. :I:l\C.. daLe<!. July 9. 1993. 'File lIo. 93142, Dl-492-1).
Jmerr-.L
'fitle LU !J,G! allOve ~c:rllJltU pr=dse:l w.... ...:q,uiR<:l by C""'_ A"",=:i.CCQ, Co-..por.:U:.lou by
. virl.l1e af the foUawil:!a.
n)
. Tract ",!"veyed to C1:owa. Allled.catI. CO~atiOl1 CfolJlll:rly CroWl!. CcII:lstructicn
Cunlp8ny) trQlll C&pLtlIl City !Sall, Inc., dater;1 J~ 15, 1973 _d reco:ded in'
DGcad Iloqk 1101__ 24-Z. l""lI:'" :114.
Tract by Elsie R.' ZiDlllleman, widow, 1:.0 C1Imbedand Valley hU. Ine., dated
tl:a:rctl 1. 1972., end _c....~ 1u De.:d JlIOQIc Vol1llllC it-lit, paae USIo9. Se., <luit
Cla:llll Deed f~ Elsie ~i. Z1IllIIIe':tlll8l1, widew, J!m:'Un Weave:: ;md Volua it. Weaver,
hiol wU.'e. dated. H:I=h 1. 1972. BI:ld rl!COl:l!ed U1. Dem.l!C<ol!::. Valtlllle ll-24, pall'!
trlISZ. By ,\IIIeIIdateut 1;0 tts Cba:r1:er, Cl:Imbe:1l11Ui Valley Mall,' Xne. ClWIIec1 U:S
hOme W Capl.tal City !lal1, ,Inc. .
Tt'lll:I. conveyed. by John C. Il~r and'Caroline B~. his wife. Janet G.
Keuugh. 'rru5tee fa", Jonal:ha1:l. E. lteoup to Ca~i.1:51 City Hall. :me., dated tlarch
1:1. 197Z. and recorc:lcd 111 De.,L1 Iluu~ VOl,..... ~,:,A. pap 952. '
T't'lIl:1, ~'On'l'1:ycd by l1es1nSylvaaia I1Dwe: Ii. uKht Co1IlpIm.y to Ca~f.tal City Hall. '
11\e:.. daLet1.NovCllbcn:- llll, 1972, and. rec:oJ:ded ill. DelKl Book vol_ 25-A. pap
956,
T't'acl:. c:onv..yed by Gulf Oil co.-pDt'l1tiou to C:rctoIl. Ame:r:l.can Corpa:raticm. elated
Novl!lllbc:~ '5. lG74, Gad re.ca=ed 111 Deo:c1 Book Vol_ "V". volume 25. PlIP 792.
b)
c)
d)
cl
''ParceJ;' 2
Iot. No. 2 of t:he ~ J!IIedcan: ~...tion sUbdivision Plan ~ R.o~
20, .1992'aJld, :recOrded.... ,.... ',' .~"..' 'in the ~ice of the ~ of
])eeds of Olmberland o::un~, PetlnSy~vania hi. :Plan Book. . . , , , Page
... "".. ........
, .
.;
~~
'.~--._"
",
, ,
'" ~._".~~""""""--,=~' ~ :";~'i>'~.",,^,,_....-,;..ru~W"
MAY-16-0! 1! :06
FROM-CROWN AMERICAN
8145359343
T-779 I P,02/g7 F-422
~.......~ '-'..L-..I.A. ...~
,
.
SPECIAL WARRANTY DEED
THIS DEED, made and entered into as of August ll, 1993,
from CROWN AMERICAN CORPORA'l'ION, a Pennsylvania corporation having
an address at Pasquerilla Plaza, Johnstown, pennsylvania 15907
("Grantor"), to CROWN AMERJ:CAN PROPERTIES, L.P., a Delaware
limit.ed partnership having an address c/o Crown American Realty
Trust., Pasquerilla Plaza, Johnstown, Pennsylvania 15907
("Grant.ee").
w:I:TNESSE'l'H: That for and in conside:J:'ation of Ten
Dollars ($10.00), cash in hand paid, and other good and valuable
consideration, the receipt and SUfficiency of all of which are
hereby acknowledqed, and intendinq to be leqally bound hereby,
Grantor has bargained, sold, granted, aliened, conveyed and
confirmed and does hereby bargain, sell, qrant, alien, convey and
confin unt.o Grant.ee that. certain real estate lyinq and being
within the county of CWlIberland, Commonwealth of Pennsylvania, and
described in Exhibit "A" heret.o, together with'~~'improvement.s
and fixtures located thereon and all right., title and interest of
Grantor in and to all easements, covenants and other rights
appurtenant. to such real estate and to any land l.ying in the bed
of any street, road, avenue or alley, open or closed, in front. of
or adjoininq such real estate, t.g the center line thereof, and
t.oqether with all leases, licenses and other agreements for the
use and occupancy of the same (collectively, the "Real property") ~
UNDER. AND SUBJECT to-all covenant.s, restrict.ions,
easements and reservations set forth in Schedule B of the title
insurance policy issued by COlIDIlOnwealth Land Title Insurance
company to Grantee insuring title t.o the Real Property (the
"Permitt.ed Exceptions").
'1'0 HAVE AND TO HOLD the Real Property unto Grant.ee, its
successors and assigns, in FEE SIMPLE forever.
AND Grant.or does hereby covenant. to and with Grantee
that, except as set forth in the Permit.t.ed Except.ions, Grantor has
not. done or suffered anythinq whereby the Real Property ,has been
encumbered in any way and that the title and quiet possession
thereto it will warrant and forever defend against the lawful
claims of all persons Claiming by, through or under Grantor, but
not fUrther or otherwise.
'"
, ~
-
l J.
1,"-:_ '-"1<;\,,_~_,
MAY-IS-Ol 11:0S FROM-CROWN AMERICAN 8145359343 T-779, P,03~7 F-4ZZ
, .,
NOTICE THE UNDERSIGNED, AS EVIDENCED BY THE SIGNATURE(S) TO THIS NOTICE AND THE
AqCEPTANCE AND RECORDING OF THIS PEED, (IS, ARE) FULLY COGNIZANT OF THE FACT THAT THE
UNDERSIGNED MAY NOT BE OBTAINING THE AIGHT OF PROTECTION AGAINST SUBSIDENCE. AS TO
THE PRQPERTY HEREIN CONVEYED. RESULTING fROM COAL MINING OPERATIONS AND THAT THE
PURCHASED PROPERTY. HEREIN CONVEYED, MAY BE PROTECTED FROM DAMAGE DUE TO MINE
SUBSIDENCE BY A PRIVATE CONTRACT WITH THE OWNERS OF THE ECONOMIC INTEREST IN THE
COAL. THIS NOTICE IS INSERTED HEREIN TO COMPLY WITH THE BITUMINO~~~~~CE AND
LAND CONSERVATION ACT OF 1966. ClUVN ~ - .'- ,- 1
Signed By: Ct"own JlIl1erican Realty Trust
Signed 5Y:0f(\ ~ r~^~,'~
Witness
~~
IN WITNESS WHEREOF ~'- Grantor has caused this instrument
to be executed by and through i~s duly authorized officer as of
the day and year first aboqe wr~tten.
:~~u~
. '~~.1d"fI'lfl'1
CRoW """"'... """""'-'''''~
By: ~
Title: ~~ AdM\YI~e. ~
. " -"" .~.
~ertificate of Residence
I hereby certify that Grant.ee's precise address is c/o
Crown American ttealty '1'rust, Pasquerilla Plaza, Johnstown,
Pennsylvania 15907.
~~Si{
-2-"
,-""",,,,,--
.0
if ~~ ~
~ .',~.~ ,.'~ .~""",,'",,,d~" '~ -'r~J:
MAY-l 6-01 11:07
FROM-CROWN AMERICAN
8146859848
T-779 ,P,04/0r. F-422
, .
.
COUNTY OF NEW' YORK
)
) ss:
)
STATE OF NEW YORK
"1+
On this, the 1-- day of August, 1993, before me, a
Notary Public, the undersigned officer, personally appeared .
:bo.,\Afo ~.~\!t.o , who acknow1edqed himself to be ~~A1lm\"\.l'fftCe.R
_ of CROWN AMERJ:CAN CORPORATION, a Pennsylvania
corporation, and that he as such officer, being authorized to do
so, executed the foregoing ;instrument for the purposes therein
contained by signing the name of the corporation by himself as
such officer.
IN WITNESS WHEREOF,
hand and official
seal.
Y1--
Notary Public
{Notarial Seal)
MY commission expires:
- .....-
,
GUV8I'ENCER
NlIIIIYP.I~="VcIk
. Q1~..lft...~CaulW QS
CMIlUII iJll'.....~27.~
PREPARED BY:
Reed smith Shaw & McClay
435 Sixth Avenue
Pittsburgh, FA 15319
AFTER RECORDING RETURN TO:
James M. Orphanides
First American Title Insurance
Company of New York
228 East 45th Street
New York, NY J.0017-3303
-3-
-,"."
-
1 ",.;d
~.."..,,~ ~.
, ~ """'"~~~ ~,::t:2.
.
LICENSE AGREEMENT
THIS LICENSE AGREEMENT made as of the 79 day of L..-L . 2000, by and between
CROWN AMERICAN PROPERTIES, L.P., a Delaware Limited Partnership,<ius,.trown American Realty TIUSt, its General
Partner, with its principal offices located at Pasquerilla Plaza, Johnstown, Pennsylvania 15907 (hereinafter refened to as
"Licensor") and 8.'lfi'F'i':eIliOS, H[El., LJiftg as cyberXpo.eom, with an address of 733 Winter Street, North Andover, MA
01845, (hereinafter referred to as "Licensee"), which said parties. in consideration of the undertakings and commibnents of each
party to the other party as set forth herein, hereby mutually agree as follows:
I. License. Pursuant to the terms, provisions and conditions herein contained, Licensor hereby grants to
Licensee for the term hereinafter set forth a License to install and operate an internet kiosk at the location designated below
(hereinafter referred to as the "Premises. or "Demised Premises") at the Capital City Mall, 3506 Capital City Mall Drive,
Camp Hill, Pennsylvania, ("Shopping Center"), together with the joint use of the common area facilities therein.
2. Size of Premises. The size of the Premises is five feet (5') in width, twelve feet and one-half inches (12'
112") in length and eight feet five inches (8' S") in height.
3. Location. The location of the Demised Premises is as depicted as being shaded in red on Exhibit "B"
attached hereto and made a part hereof.
4. Term. This License is granted to Licensee by the Licensor for five IS) vears. commencing on the earlier to
occur of: (i) when Licensee opens for business in the Premises; or (i1) July IS, 2000, whether or not Licensee is open for
business ("Term Commencement Date"),
5. Fixed Minimum Rent. Licensee shall pay to Licensor a guaranteed annual minimum rent ("Fixed Minimum
Rent") as follows: The Fixed Minimum Rent for each of the following periods during the term of this License shall be:
Time Period
Annual Amount
Mnnthlv Amount
Year I-S ""fir rg - U,IU!.)), '3"3 ~~
"'VqOCl" ...r~3~3, ' /'n"
Each such installment shall be due and payable on or before the first day of each calendar month in the of this
License, in advance, at the office of Licensor or at such other place as may be designated by Licensor from time to time. without
any prior demand therefor and without any deduction or setoff whatsoever, the first installment to be paid on the commencement
date whether or not the commencement date is the first day of a calendar month. In the event that the commencement date of the
term of this License shall be a day other than the first day of a calendar month, Licensee's first payment of Fixed Minimum Rent
shall be prorated for the fractional month between the commencement date and the first day of the first full cal~ndar month in the
term hereof, on a per diem basis (calculated on a thirty [30] day month).
SEE RIDER
6. Percenta2e Rent. In addition to the Fixed Minimum Rent as aforesaid, Licensee, in accordance with this
paragraph six (6) of this License, shall pay to Licensor, as additional rent hereunder (hereinafter referred to as "Percentage
Rent"), and as part of the consideration of the aforesaid demise, for the term of this License a sum equal to ten percent (10%) of
all Gross Sales generated through the efforts of Licensee and Licensee shall pay to licensor a sum equal to fifty percent (50%) of
the Gross Sales generated through the efforts of ~(as defmed on Exhibit "C", attached hereto) during the term of this
License. (."CN,ioC(
(a) The Percentage Rent shall be payable without prior demand and without any setoff or deduction
whatsoever at the times set forth hereinafter at the place then fixed for the payment of Fixed Minimum Rent.
(h) No later than thirty (30) days after the expiration of each quarter of the teon hereof, Licensee shall
pay to Licensor the Percentage Rent due.
(c) No later than the thirtieth (30m) day after the end of each calendar quarter in the term hereof,
Licensee shall submit to Licensor an itemized and accurate written statement signed by Licensee, its duly authorized officer or
duly authorized representative, reflecting the full amount nf Gross Sales made during the preceding calendar quarter. If the
commencement date hereof shall not be the first day of a calendar month, the period between the commencement date and the
first day of the first full calendar month in the term and Licensee's Gross Sales during such period shall be added to the first
calendar month for both the purpose of the computation of Percentage Rent and the purpose of reporting of Gross Sales.
D:\Legal\JobnNJRIli<.nse .g....mn.ts\Cyberxpo 5-19-00 (Cap),doc
,
~
I~"~.
.~
~ >
^-!.:t>~~!t:,
1
.
(d) Not later than the date set forth in subparagraph (b) hereof, Licensee shall submit to Licensor a
complete Written statement ofLicensee's Gross Sales in such reasonable detail as requested by Licensor. certified by Licensee, its
duly authorized officer or representative stating that the Gross Sales reported by Licensee are in accord with the amount thereof
set forth on Licensee's regularly maintained books and records. Simultaneously with the delivery of the statement referred to in
the preceding sentence, Licensee shall pay to Licensor the full unpaid balance of the statement referred to in the preceding
sentence, Licensee shall pay to Licensor the full unpaid balance of the Percentage Rent due and payable,
(e) The acceptance by Licensor of payments of Percentage Rent Or reports thereof shall be without
prejudice, and shall in no event constitute a waiver of Licenso~s rights to claim a deficiency of such Percentage Rent or to audit
Licensee'~ books and records.
this Lease.
(I) Licensee's obligations under this Paragraph Six (6) shall survive the expiration or earlier termination of
7. Use of Premises. Licensee shall use the leased premises solely for the purpose of conducting the
business of: an internet kiosk with computer terminals, plasma based television monitors and plasma based advertising
signage designed to provide access to the internet for the primary purpose which shall include and be limited to the
following: (1) games (2) e-mail (3) video conferencing (4) digital photographs for ele<tronie transmittal and (5) the sale of
plasma based electronic advertising and dynamic video and multi-media advertising througb its terminals, television
monitors and signage (provided, in no event shall advertising or sign age be displayed in a static mode or placed on rolling
screens of any kind) and the incidental sale of internet services, web access and e-commerce (all of which will be limited in
content and time for non-competitive uses to be pre-approved by Landlord), and for no other purpose whatever.
Licensee represents and warrants that it shall continuously operate the intemet kiosk so that it is available for the use of
merchants and patrons of Mall during all regular business hours of the Mall as determined by Licensor from time to time or such
additional hours as agreed upon between Licensor and Licensee, Without limiting the foregoing, Licensee agrees that the
internet kiosk will be fully operational not less than 95% of all regular business hours of the Centers, with all core service
features having a response time of five (5) seconds or less, except during periods of unanticipated inlem1ptions of utility service,
or other circumstances beyond Licensee's reasonable control, in which event, Licensee shall use its best commercially reasonable
efforts to minimize the impact of such lapse or interruption of service.
"
Licensee represents and warrants that it will indelDIlity, defend and hold Licensor (illCluding its lender, property
manager and general partners) harmless from any claim, suit or proceeding brought against Licensor, its affiliates, subsidiaries,
agents, or the employees, officers Or customers of each of them for alleged patent, copyright or trademark infringement and
related ~Iaims, including, but not limited to, trade secret appropriation, unfair competition andlor interference with prospective
advantage, resulting from the services furnished by Licensee hereunder. Licensor shall give Licensee notice in writing of any
such claim, suit or proceeding brought against Licensor. The indelDIlification, defense and hold harmless provided herein
includes court costs and attorneys' fees arising out of or resulting fr~..such claim, sui!. or proceeding.
8. Cost ofSecuritv, Licensor may elect, but shall not be required, to provide security for the Shopping Centef.
9, Indemnity and Insurance. Licensee agrees to indem"ity and hold Licensor harmless from any and all loss,
damage, claims. suits and expense resulting from acts or omissions of Licensee's employees while acting within the course and
scope of their employment or otherwise resulting directly from the operation of Licensee's business in the Premises. Licensee
further agrees to .maintain in effect public liability insurance covering its liability for death of or injury to persons, or damage to
property, arising out of or connected with the operation of its business, with limits for bodily injury liability of $1,000,000 for
each occurrence, and limits for properly damage liability of $1,000,000 for each occurrence and $1,000,000 in the aggregate.
LicensQr shall be named as an additional insured under such policies, and Licensee shall furnish Licensor with a certificate from
the inslIrer evidencing the existence of such insurance.
10. Risk of Loss or Dama.e. Each of the parties hereto assumes all risk of loss, damage or destruction of or to its
property located in the Shopping Center in which the Premises are located by any cause whatsoever, unless the same shall be
caused by the willful act, omission or neglect of the other party or its agents or employees while acting within the course and
scope of their employment
11. AsshmmentlSuhlet. Licensee's privileges hereunder shall not be assignable by Licensee in whole Or in part
and Licensee shall not sublet the whole or any part oCthe Premises, and/or the right to operate its kiosks.
12. Utilities. Licensee sl1all be responsible for paying all costs of installation of the internet kiosk, the hook-up
and iru;tallation of electric service. phone service if needed, the installation of a T -I. line, and cell repeaters in the shopping center
if necessary for Licensee's operation.
D:\Legal\JohnNJR\license agreemaets\Cyberxpo 7-3-00 (FSK).doc
2
"'''!',....,-
.- .
JL
-
., l'
.... ~,;. ,_',~ "__~_,: J _
"
~, '"",.""'......"'41#]1',;
. 13. Comoliance with Ret>UIAlions. Licensee _ to comply with all rules and RgUlations promulgalcd by
Licensor to govern the ShoppiDg Center In which the PRmises 8IC Ioc:aled, after notice thereof. Licensee IqIICSeIlts and WlIIl'8IIIs
that it shall iDSta11, opetllle and maintain a conlalt monitoring software program (such as not nanny) designed to ICStrict access to
any site which includes (a) advertising for illegal drugs or any illicit products which may not lega11y be sold within the
municipali~, coun~, or slaIe In which the Mall is located and (b) material which contains or depicts any maIter which could be
considered obscene, immoral or offensive (m the Owner's sole discretion) to the shoppers, guests or patrons of the Mall and (cO
shall not pennit advertising for or In connection with pornography, toba<co, alcohol products, adult enterlainment, issues of
social, religious or political controversy (such as animal right, reproductive rights or abortion) and (d) shall not permit
advertising of any competing shopping c:enter or mall.
14. Tennination and Relocation. If Licensee shall fail to comply with or &hide by each and all of the provisions
hereof and keep all and singular Licensee's promises herein, Licensor shall provide a ten (10) day written notice of default sent
overnight or Express delivery liom a nationally know delivery service. Upon Licensee's failure to timely cure said defiwl~
Licensor may, at its option, terminate the License granted herein by providing a termination notice stating the effective date of
termination (Tennination Date). Licensor at its cost and expense shall have the right upon thirty (30) days prior written notice to
Licensee, to relocate Lieensee's kiosk within the shopping center. In the event that Licensee fails or refiIses to occept the new
location within thirty (30) days of said notice, Landlord at its option, may tenainate this License upon thirty (30) days written
notice sent overnight or Express delivery to Licensee.
15. Confession of Iud_ent in Eiectment. When this License shall be terminated or cancelled by reason of the
breach of any provision hereof or the Existing Lease and also as soon as the License hereby granted shall be tenninated, it shall
be lawful for any attorney as attorney for Licensor to file an agreement for entering in any court of compelalt jurisdiction an
amicable action and confession of judgment in ejectment against Licensee for the recovery by Licensor of possession of the
Premises for which this License Agreement or a true and correct copy thereof shall be his sufficient warran~ whereupon, if
Licensor so desires, a writ of possession may issue forthwith.
16. Surrender of Premi.... On revocation, surrender or other termination of the License hereby given or the
Existing Lease, Licensee shall quietly and peaceably surrender the portion of the Premi... occupied by Licensee in as good
condition as same were at the time of Licensee's enlly thereon hereunder and shall remove all fixtures, equipment, and other
things placed by Licensee on the Premises hereunder and, if Licensee shall fail to do so, Licensor shall have the right to make
such removal at Lieensee's expense. the iunount of which expense Licensee shall pay to Licensor on demand and, if Licensor
shall so elec~ it shall have the right to take possession of and appropriate to itself without payment therefor any property of
Licensee, or anyone claiming under it. then remaining on the Premises.
17. Holdin2 Over. Should Licensee hold over in possession of the demised premises after the expiration of the
tena hereof without the execution of a new license agreement or extension or renewal agreement, Licensee, at the option of
Licensor, shall be deemed to be occupying the demised premises from month to month, subject to such occupaney being
tenainated by either party upon at least thirty (30) days' written notice, at the rental, including, but not limited to, Fixed
Minimum Rent computed at a rate which is double the Fixed Minimum Rent rate in effect for the ,last full mlmth of the term of
this License. Pen:enlage Rent, and additional rent all calculated, from time to time, as though the term of this License had
continued and otherwise subject to all of the other terms, covenants and conditions of the License insofar as the same may be
applicable to a month to month tenaney.
18. Suitabilitv of Premises.
(a) Licensee has inspected the premises and _ to accept the premises in an "as is" condition.
Licensee is responsible !9):-:!1Ff."1:' ~h~ as required to make the ~ace sui!Bhle f~r ~e use ~ in.~e"f~~oing
License, pursuant to th~l>hivWo~ ot1!XiG.bit MAn, attached hereto. 1 ttl..l~Iatcl...41.4. ~lft& unteitLe4 ~~ Eulu\ut. .. k. 1l.e
c_..h.~J' h:_._:'" ......l._t'....~ml... fL. 1M. pJl}..~M af ~'J h~ldl....d. t'n..~d.cd elJ....'.h...~I.U IlciM 1I1il..~t .~t._.M...~. tl....
vmyw-r" graRS' i7ndn ~18. ii fin hl,d iR 1M.~it ...A....
(b) Licensee covenants and _ not to make or permit to be made any alterations, improvements and
additions to the demised premises or any part thereof except by and with the written consent of Licensor first had. All
alterations, improvements and additions to said premises shall be made in accordance with all applicable laws and shall at once
when made or installed by deemed to have attached to the freehold and to have become the property of Licensor and shall remain
for the benefit of Licensor at the end of the term or other expiration of this License in as good order and condition as they were
when installed, reasonable wear and tear excepted.
(c) In making such alterations, additions and improvements to the demised premises and in installing
such chattels, equipment and fIXtUres or doing such other work, Licensee shall promptly pay all contactors and malerialmen so
as to minimize the possibili~ of a lien attaching to the demised premises or the Shopping Center, and Licensee shall include in
all contracts and subconlrllCts for work to be performed on Licensee's behalf at the demised premises provisions wherein such
contractor or subcontradOr acknowledges thai Licensor has no Ii&hili~ under such contracts and subcontracts and thai such
contractor or subcontractor waives any right it may have to lien or attach Licenso(s pan:el or the Shopping Center of which
D:\Leg.l\JohaNJRlllcc.... agrccmoeta\Cyhcnpo 5--t9-OO (FSl<,).doc
3
~~~
I
],
"~~
~,,--~--
'~,,'
. Liceusor's parcel is a part, and should any such liCD be made or filed, Licensee shall bond against or discharge the some within
~ty(20) ~~ after written ~Uest by Llc:onsor. If Licensee shall filii to cause such liCD to be bonded against or to be
discharg~ WIth!" th~ period afo=nd, then, in addition to any other right or remedy which Licensor may have under this Lease,
at law or m equIty, L.ceusor may, but shall not be obligated to, cI1schargc tho same oitherby paying tho amount c1aimed to be due
or by procuring the discharge of such liCD by deposit or by bonding P-';~ll" and, in any such OVCDI, Licensor shall be
CDtitled, if Licensor so elects, to cc,mpelthe prosecution ofany action for tho foreclosure of such liCD by the lienor wilb intcrost,
costs and ~. Any amount !IO paid by Lic:onsor and all costs and oxponsos inCUlTOd by Liconsor in connection thorewi1h,
~er WIth mterest thOlOOn at the highest rate permitted by law fi:om tho respective datos ofLiceusor's makingoflho payment
and mcurring of the cost and 0XJl0\lS0, shall constitule additional =t payable by Liconsoo under this LiCCllSO and shall be paid by
Liconsoo to Liceusor on demand.
19. No Partnership', Lic:onsor does nol, in any way or for any purpose, become a partner of LiCCllSOO in Ibe
conduct ofits business, or othorwlso, or joint venturer or a member ofajoint CDle1priso with Liconsc:o.
20. Notices. All payments of rent and any and all other monetary obligations of Liconsoo ocauing hommder,
whether or not dCDoted as =1, shall be paid to Liceusor or its agCDt at the address sot forth herein, until Lic:onsoo is notifiocl
otherwise in writing, and all noti.,.. given to Liconsor hereunder shall be in writing and forwardocl to it at such address, postage
prepaid, by registerocl or certifie<:! mail. return receipt ~uostocl, or prepaid by BIIY nationally recognized express or overnight
mail delivOIy service which provides proof of rocoipt. All notices to Liconsoo shall be forwardocl to it at the address sot forth
heroin, until Liceusor is notified otherwise in writing, by postage prepaid, registered or certifiocl mail. rotum rocoipt ~uostocl, or
prepaid by BIIY nationally recognized express or overnight mail delivOIy service which provides proof ofroceipt, or by delivery in
person BIId in the event of a delivOIy in person, Ibe affidavit of the person making such delivOIy shall be conclusive proof of Ibe
delivOIy BIId of the date BIId time of such delivOJY. All notices shall be deemed to have been givCD on Ibe datewben deposited in
the mail receptacles maintained by the corporation which has been chartered by the United States Government to operate and
deliver the mail, deposited with 1I1e express or overnight mail service as aforesaid or, in the case of notices deliverocl in penon to
Licensee, when so delivered. Notices by the Liceusor may be given on its behalf by Agent or by any attorney for Liceusor or
Agent.
21. Estoonel Certificate: Subordination: Attornment:
(a) Bxecution of Estonoel Certificate. At BIIY time, BIId from time to time, upon the written ~uest of
Licensor or BIIY mortgagee of LIceusor, Licensee, within twenty (20) days of the date of such written ~uest, agrees to execute
BIId deliver to Licensor and/or such mortgagee, without charge and in a fonn satisfactory to Licensor and/or SUch mortgagee, a
written statement: (a) ratifying Ibis LiCCllSO; (b) confinning the commencement BIId expiration dates of the term of this License;
(c) certifYing that Licensee is in occupancy oflbe demised premises, and that the License is in full force and efCCc:t and has not
been modified, assigned, supplemented or amendocl except by such writings as shall be statocI; (d)' certifying that all conditions
and agreements under this License to be satisfied or perfonnocl by Licensor have been satisfiocl and perfonnocl except as shall be
stated; (e) certifYing that Licensor is not in default under the License BIId there are no defenses or offsets against tho eofon:ement
of this License by Licensor, or stating the defaults and/or defenses claimocl by Liconsoo; (I) reciting the amomit of advance renl,
if BIIY, paid by Licensee and the date to which such rent has been paid; (g) reciting the amount of security deposited with
Licensor, ifBllY; (h) certifYing compliance with the environmental covenants of the License as sot forth in P~ 23 of the
License Agreement; BIId (i) BIIY other information which Licensor or the mortgagee shall require.
(b) Failure to Execute Estonoel Certificate. The failure of Liconsoo to execute, aclatowloclge and
deliver to Licensor and/or BIIY mortgagee a statement in accordBllce with the provisions of Paragraph A above within Ibe period
set forth in Paragraph A shall constitute an acknowloclgment by Lic:onsoo which may be roliocl upon by any person holding or
intending to acquire any interest whatsoever in the demised premises or the Shopping Center that this License bas not been
assignocl, amended, chBllged or modified, is in full force and effect and that the Fixed Minimum RCDI, Utility Charge, and
additional rent have been duly and fully paid not beyond the respective due datos immediately preceding tho date of Ibe ~uest
for such statement BIId shall constitute as to any persons entitlocl to rely on such statements a waiver of any defaults by Lic:onsor
or defenses or offsets against the enforcement of this LiCCllSO by Licensor which may exist prior to the date of the written ~uest,
BIId Licensor, at its option, may treat such filIlure as BII event of default.
(c) Subordination BIId Attornment. Liconsoo agrees (a) that, except as hereinafter provided, this
License is, BIId all of Licensee's rights hereunder are and shall always be, subject BIId subordinate to any mortgage, leases of
Licenso(s property (in sale-leaseback) pursuant to which Licensor has or shall retain the right of possession of Ibe demised
premises or security instruments (collectively called "Mortgage") that now exist, or may hereafter be placed upon Ibe demised
premises or 1I1e Shopping Center or any part thOlOOf and to all advances made or to be made thereunder and to Ibe interest
thOlOOn. and all renewals, replacements, modifications, consolidations, or extensions thereof; BIId (b) that if the holder of any
such Mortgage ("Mortgagee"), the purchaser at any foreclosure sale or at BIIY sale under a power of sale contained in BIIY
Mortgage, or the owner, at 1I1e time of the hereinafter described request, of the fee estate or the leasebold estate of tho real eslate
upon which the demised ptcmises is situate (heroinal\er referred to as Licensor for purposes of this Section) shall at its sole
option so request, Licensee will attorn to, and recognize such Mortgag., purchaser, or Licensor, as the case may be, as Ucensor
under this LiCCllSO for the boIB11ce then remaining of the term of this License, subject to all terms of this License; and (c) that the
D:lL<gaNobDNJRlllccD.. a\lTCCmDcts\Cybenpo 5-t~ (FSK).doc
4
~, '~
".
"I ,
.'
,
-~ -
., _.....,L "-~" .......-~" " ~""-"I,," ""w~io
. aforesaid provisions sba11 be self opcralivc and no further instrument or d~'"IeDI sba11 be ncceswy wtless RquiIcd by any such
Mortgagee, pun:bascr, nr Licensor. Notwi"''''nd;ng anything III the CClIIlIlIry setfurth above, any Mortgagee may at any time
subordinate its Mortgage III this License, without Liccnscc's consent, by CKOCUtion of a ~ documcirt subonlinating such
Mortgage III this Liccnsc III the extent set forth therein, and thereupon this Lease sball be dccmcd prior III such Mortgage III the
_t set forth in such wrillCl! dOCUlDCllt without regard III their respcc:tivc dates of execution, delivery and/or rcconIing and
in 1hal event, to the extent set f~rth in such written document such Mortgagee shall have the same rights with rcspccllll this
Liccnsc as though this Liccnsc had ~ executed and a memorandum thereof reconled prior III the execution, delivery and
reconling of the Mortgage and as though this Liccnsc had ~ assigned III such Mortgagee. Should LiCCllSClt or any Mortgsgcc
or purchaser dcsin: confumation of either such subonlination or such IlItornmcnt, as the case may be, Liccnscc upon written
Rqucst, and Iiom time III time, will execute and deliver without cIwgc and in form ,.ti~"'OIy III LiCCllSOr, the Mortgagee or the
purchaser all instrumentsand/or dOCUlDCllts 1hal may be n:qucs1ed III admowledge such subonlination andlor agreement III
attorn, in recordable fonn.
22. Nel!ation ofPctSOnal Liabilitv. Notwithstanding anything contained herein III the contrary, Lic:cnscc agrees
1hal LiCCllSOr shall have no pcrsonalliabilitywith rcspccllll any of the provisions of this License Agreement and Lic:cnscc shall
look solely III the estate and properly ofLiCCllSOr in the land and buildings comprising the Shopping Center of which the demised
premises forms a part for the satisfaction of Lic:cnscc's """edies, including, without limitation, the collection of any judgment or
the enfon:cment of any other judicial process Rquiring the payment or expenditure of money by LiCCllSOr in the event of any
default or breach by LiCCllSOr with rcspccllll any of the terms and provisions of this License Agreement to be observed andlor
performed by LiCCllSOr, subject, however, III the prior rights of any holder of any Mortgage covering all or part of the Shopping
Center, and no other assets of Licensor or any principal of LiCCllSOr shall be subject IlIlcvy, execution or other judicial process
for the satisfaction ofLiccnscc's clain1 and. in the event Lic:cnscc obtains ajudgment against LiCCllSOr, the judgment doclcct shall
be so noted. This Section shall inure III the benefit ofLiCCllSO~s successors and assigns and their respective principals.
The references to "LiCCllSOr" in this License Agreement shall be limited III mean and include only the owner of the
Shopping Center of which the P"""ises forms a part. In the event of a sale or transfer of such intcrcsl (except a Mortgage or
other transfer). the transferor, as of the date of such transfer, shall be automatieally released from all liability for the performance
or observance of any term, condition, covenant or obligation Rquired III be performed or observed by LiCCllSOr hereunder;
and the transfcrcc shall be deemed to have assumed all of such terms, conditions, covenants and obligations except as III pre-
existing defaults by Licensor. The covenants and obligations contained in this License Agreement to be performed on the part of
"Licenso~' shall be binding on the Licensor or any transferor only during the periods in which it is a Licensor hereunder. The
name and designation Crown American Realty Trust is the name of the Trust and the collective designation of the Trustees from
time to time under the Declaration ofTrus\, amended and res1lIled as of August 6,1993, and as may be further amended and/or
restated, and all persons dealing with the Crown American Realty Trust must look solely to the Shopping Center for the
enforcement of any claims against Crown American Realty Trust, as neither the Trustees, officers, agents or sharcholdas of the
Crown American Realty Trost assume any personal liability for obligations entered into by the Crown American Realty Trust by
reason of their status as said Trustee, officer, agent or shareholder.
23. Comoliance with Rel!Ulations. Lic:cnscc agrees III comply with all roles and rcgulatiods promulgated by
Licensor to govern the Shopping Center in which the P"""ises arc located. Licensee covenants and agrees that Licensee at its
own cost and expense: (a) Will comply with all notices, onlers, laws, and onlinances, including all environmental laws an laws
relating to wastes and hazardous materials and any environmental Slatc, county or local laws or regnlations, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 and the Resourec Conservation and
Recovery Act of 1976, as amended from ,timc-to-time, with any prc-approvais, if required, to be granted by the respective
governmental agency; and will not engage in the 1rcalment of any waste, except as permitted or Rquired by law and subject III the
consent of the LiCCllSOr and the issuance of all appropriate licenses and permits and compliance with all laws and rcguIations
relating to such treatment.
24. Caotions. The captions appearing in this License Agreement arc inserted only as a matter of convcnicncc and
in no way define, limit, construe or describe the scope or intent of such sections or articles of this License Agreement nor in any
way affect this License Agreement. '
25. Entire Al!J'Cement. The Lice,nse Agreement, the Exhibits, and Rider, if any, set forth all the covenants,
promises, agreements, conditions 'and understandings between LiCCllSOr and Liccnscc concerning the demised premises and th~
arc no covenants, promises. agreements, conditions or understandings, either oral or written,betwccn them other than as herem
set forth. All prior communications, negotiations, ammgements, representations, agreements and understandings, whether oral,
wrillcn or both, belwccn the parties hereto, and their representatives, arc merged herein and extinguished, this License Agreement
superseding and canceling the same. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this License Agreement shall be binding upon LiCCllSOr or Liccnsccunless reduced to writing and executed by the
party against which such subsequent alteration:'- amend~t, chang~ or ?,odification is to be enfo~. If any p~vis~on con~ed
in any rider hereto is inconsistent with any pnnted proVISIOns of thIS LIcense Agreement, the proVISIon contained m such Rider
shall supersede said printed provision. Licensee hereby acknowledges 1hal: (a) this License Agreement contains no restrictive
covenants or exclusives in favor of Licensee; (b) this License Agreement shall not be deemed or interpreted to contain, by
implication or otherwise, any wammty, representation or agreement on the part of Licensor that any department store or rCgional
D:ILeg.lIJohaNJRllic.... .grccm..ts\Cybcn:po 5-19-00 (FSK),doc
5
"
,<~-
.. , " -. ~.
,or oalional chain ston: or any other merchant sball open fur business or occupy or coDlinu. to occupy any premises in or
adjoining 111. Shopping Center during 111. term of this U...... Agn:emeat or any part tben:of and Ucensee hereby expn:ssIy
waives all claim with n:spect then:to and admowleclges that Licensee is not relying on any sucb ~. tq>n:sentaIion or
agreement by Licensor ei1ller as a IIIlIlter of inducement in entering into Ibis Li...... Agreement or as a condition of1llis Li......
Agreement or as a covenant by Licensor.
(signatur.. appear on nut pag.)
D:\Lcg.l\JoboNJRlllce.... OCrce.oets\Cybenpo 5-19-00 (FSK).doc
'it,~o~~;,__,
6
-'~
" .u~~
,
,
, ,
,
. .
"
,
, '
-~t"l;;ili.;!"':'-'--=-'~c/
.L 0",' ',,"
, I
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have caused this License
Agreement to be duly executed the day and year first above written.
(Corporate Seal)
ArrEST:
t~)A~
Ronald P. Rusinak
Secretary
(Corporate Seal)
A
CROWN AMERICAN PROPERTIES, LP ~
A DELAWARE LIMITED PARTNERSHIP,
BY: CROWN AMERICAN LTY
TRUST,ITS GENERA ARTNER
By:
c___u .. _ _~ lrl1.::.,
_cyberxpo.com ~"-_
,
D:ILcgaIIJohaNJRlliceDSe .grcemnetslCyberxpo 5-19-00 (C.p).doc
7
,~
"
" ~ ~ ~." ,-,"L~ ~ "~
, , ,
, ,
,
RIDER FOR
CyberXpo.c:om
1. Gross Sal. Threshold rr.rmination
(a) Either Owner or Licensee may. at its option, elect to terminate this License upon thirty (30) days prior wriUen Notice of
Termination (hereinafter referred to as the "Terminalion Dale") if and only if Licensee's Gross Sales, as defined in Section 6 of
the License Agreement total I... than $100.000.00 in the first 0-) or third (3'") year during the term of this License AgreemenL
(b) Notice of election to terminate this License Agreement shall be given in writing to the oth... party no later than ninety
(90) days after receipt of Licensee's gross sales for the prior twelve (12) month period during the term of this License.
(c) In the event either party receives a Notice of Termination in accordance with the provisions herein above, the License
Agreement shall automatically terminate and end.
(d) Licensee's Election to Tenninate the License Agreement, as aforesaid, shall be eft'ective only if the election is made
during the respective time periods herein provided, with time being of the essence, provided, said notice is accompanied with a
certified check for all sums due or accruing und... the Lease through the Termination Dale, and provided furth.... that Licensee is
not in default of any of its obligations und... the License eith... on the date notice of termination is given, or on the Terminalion
Date.
(e) Notwithstanding anything contained herein to the contrary, Licensee shall pay all sums due or accruing under the Lease
through the Termination Date.
D:\Lqal\JohoNJRlli<<a.. agrcema<\sICyh<npo 5-t,-oo (FSK).doc
'~'.m.~J1.-"
9
r-"..--.
o
o
; I ,
II
~
o
-~. '" n r;:::-~ ~
,,,",, ........~ ! ,,_~;J r ..___,-;,\
4---::,,, ~!'!........,
'.-------!
,
'I" ]1 [,-.ji L~ ~
.-=" IE
~, t ,.,.,.,.".'.'.,. [J01 I]
['--'1 ' I
[]-1
I L.JI ,I I
: rn tl~::~- II j I
L__J";";,;,_I~,",",;~,,,,h,_~::}~.."-=..c.-~"'ji}r
r_,==.=~-="g"..-:=-::.:=::=~,]
r '"
r"--'-~--.,-,.,--'- ~~ -------1
~ ,..
'".,.,.,.,.,.,jl:.:.._. ~::=']_.__._L..I ,
j' I J,
i fTi'-\ ' ,,> /,<:rr
I' ''''.. II, ',.~.. , ,,""""
'.. l'"i' ""j'. ,
II ~ Lr<:>. f I; ."'::'>1 ./,// .,./'LJ
, -. "_f" I k"-- .
~........ ......,.... ,,,,. ,.,,,,,
~ ~ /---.---.........->);1:. /)./,./'
l'\' /.//~.::~-, ci~::~::~>...
",",.." .-''1 \'. J,}' / -""--.. "'. ,..r-l
J ,./'~/ \:.>t ~'~.;~f':/ ~,-
L II.. / L....! ';!e' " '\
__..."":~.._::~~_,__,_...__._...".._ J:l ,_".."""""""'.,.,__._,_._~:~~:~~:;::r
~
I
L..__
l:~-'.-, ,~\ ~_.,~?;:r.;::.~
--, -.,l".'::,,,;-~ \, \, '~
~ ,~,L."rN-".._-<__ ", d..', '
.~>.- -''''(: \" \. "'" "'-
f.'~~"" ""'''~ ...., \. ... '( . \ - ~\
..,.-;;....>..1 Q ", .,... \ ;"... '
/;;;;::~f-'~rt~.-""", :,'~~~;\-..'::~"-' \C::~."K'"" ,
~ \\ ...,,'\\\ ~\\ :~-I>;, ,~~\,
\ ,\ \,\,\ "-',,\ >.\ \ \
'I :'\ 'S,';''''- "'~'- ,;.0 ',\\ ' ~""
\ :~\~/'P'(\?;~y'~~\ \\ "~
\, \, \'\, 1f:\" \" "
'\ \'. \\\ ~,,~ .
\:\\ ,~"~,,,"\:~.){ ~\ --
'\ :~~.: ~~~~~',\'\ \~ ~>;:.:,~
""'\'Si),\ ~I'-'-'~
\ \ \\'\\......> \ " ~
"\ \\)\ <.--:::::~;. ,
',,', .,~',~iF.~-Z,~ / \ "~, \
" ,\, ~ ,\\\ \;,; ,- "
\. '\"\ ''l',\ , ~.- \
~~' "1\\\ .,;.., \ .. \ ,~, ..
, '~, '.........?', '~ ~--
,,\\,.~,. ,.,' , "
\ \\c"'0-I' ~.;. ,\ ~ \.,.....
\', \> ,~~~\ '\ .. "., ...~:../I
\ \<~ ""I\\~'), '~?:>v\../
,,\~\ ~ '>.::...~ '__',,}.' :\,~:::~.;:.-r
, \l ~~ \ "",,"
\:, ,\~I.~'~\ \. "
'~\ ~'~"'\':,;D\\ ~~~
.'\\~\~'- '
~"",,~~""~'~~ifr/ ~'\7
(2;;;...... \;,,;;0 ,"
l~ '" IlRF;-;';:':'::::;~'<i-:-ll R"~~~~-r.;,.f:i""--~'--1'- ~~Ufdt1
.:~__'M""'"1~ ~.~
-,~~~,
~b/27i2e0a 12:02
I lS'!~~~a
I..' '"faft. ~
! z;o"
;
i
i
i
i
I
I
I
!
I
i
i
I
\
I
I
I
I
I
I
I
\j
> n
'1; ~
-t"'O
~~'~
t'""(J)Z~
Cj tJ:j > ~
~"tl~
~t'""~
~I-
:3:Z(")
> >-
t'" Z
t""
,: f:~
814~3594g9
Q
.
. ','
~
'I
I \-
, "
\.....,) "
~
o
\
\?~
\~
~
l ~
.....~- . ,~rltol>,1~~ ~~"'!t' 1':i!ii~\<1;"!li';W;;lm'~ic-'
CROWN AMEPIC/lN DE\!
!
I
II
Ii
i
I.
1>)1
{
85
~
I
CI!l ....
-
_ en
3 m
el!l~
.. ::xl
;: rJ)
.'
I
[E -:.. ~
(iil -=~
..
. - ~ .
...... l1J. ..
-""'-00 ClfJ"-"\
.... . ....
-.- ~ (il. UiJ--
,.... 'i '.
. . ....- l!I .13 ~
....,
. i I
i IIi '~IH .
.
@ ...
Iii IE
'01 'lI'-!':'---
---
...
;'I ~".em
..."
.
.
~
~
5 m
"'!;;In
!: ai%
!I' 0004
'" .
en
H
[).
. i 11>1
@}o. . n I!I.
. ~L" .....
tiro _.'
I
,
~
.
'-IJ. (!!l ..
--
~~
o
II
. Ie Q .
.)j. . t!I ..
. i
, '. a, .
I>
c..
n
. "V
;:~ 111
.. :l
III ::I
9" CD
'" '<
~
~ ,J
ft.~t.,.b,r 6
----
~~
" ~,,~ - .,. ,-=-,d..A' ~~'~, ".', ,~~
"
\ I I '("
. "
EXHlBIT"C"
Gross Sales Defined.
(a) The words "Gross Sales" as used herein sball mean the gross amount of aU sales of aU goods,
wares and merchandise sold and all services performed by Licensee and/or by any subtenant, licensee or
concessionaire in, at or from the demised premises (including, but not limited to, catalogue sales made at or from the
demised premises), whether for cash, credit or other consideration, with such other consideration being detennined at
fair market value and financing charges on aU Gross Sales (without reserve or deduction for inability or fililure to
collect) including, but not limited to, such sales and services (I) as a result of transactions originating in, at or from
the demised premises, whether delivery or performance is made from the demised premises or from some other
place; or (2) pursuant to mail, telephone, telegraph, closed TV Circuit, Dial-A-auy, eleclrOnic, video, computer, or
other technology-based systems and other devices, automated or otherwise, whether existing now or developed in the
future whereby orders are received at or supplied from the demised premises. Gross Sales also include all deposits
not refunded to purchasers. Each sale upon installment or credit shall be treated as a sale for the full price in the
month during which such sale shall be made, irrespective of the time when Licensee shall receive payment therefor.
(b) The following shall be deducted from Gross Sales if originally included therein, or excluded
therefrom, as the case may be, provided separate records are supplied supporting such deductions or exclusions,
namely: (I) any exchange of merchandise between stores of Licensee where such exchange is made solely for the
convenient operation of Licensee's business and not for the purpose of consummating a sale made in, at or from the
demised premises, (2) returns to shippers or manufacturers, (3) cash or credit refunds to customers on transactions
otherwise included in Gross Sales, (4) sales of fixtures, machine!)' and equipment after use thereof in the conduct of
Licensee's business in the demised premises, (5) amounts collected and paid out by Licensee for any sales tax
imposed by any duly constituted governmental authority provided such tax is both added to the selling price as a
separate and distinct amount in addition to the regular price of Licensee's merchandise and paid to the taxing
authority by Licensee (but not by any vendor of Licensee), (6) the amount of any discount on sales to employees, and
(7) receipts from the permitted pay telephone and vending machines. No value added tax, and no franchise or capital
stock tax and no income, gross receipts or similar tax based upon income, profits or gross receipts as such shall be
deducted from Gross Sales.
'.
D:\L.egal\JohDNJR\lic~Dse agrecmaets\Cybenpo >19..00 (FSK).doc
'~='~~ig
8
-
~'~- .
J~"';.~~~~~1!',r;,
t- o ..2'" "1 '1."3 , , , r
~
, , ~
, f ~
>- .. J
III ..
=~.. <l I~!
l: ::
CD Si
CL. ~ IS
0
.,
~,
o \
<,,",I
. '&1' , \
. , I!l;f! Q
II ~
0
r;j --:: \ (..'..\
. \ I
.'ill. '@I,'
. r I
.1!JI.. . ..gj
I! ;"
-J
Z -J
'0{;) ~Z -<
. ~
-'<
~.J ~
E~~ Ft
~
<~ U I
%< -J I
<
~~ E- I
O~ - I
~ Q,.
u < i
t!D 'nFt ' U I
--.. I
I, i
,:it r- I
1'1 I
i
@ i
!l'U; I
. I
S 'n. II:
...... ' I
!I .., i
_.'-
I!l ,ft_ I
-...- i
Ii!! '10-
- . i
1 !
i
@ i
j
\l
(J)
~ ..
:c ui
Ill:;;
UI:I..,
w lil
:t: ~
~
.
I
"
Jiil 3B':1 d
(/) ..:
a: :::
<t~~
uJ "t
tJ) Ii
.~
. ;6!~e.
~i:;i~5'
Gll::I I1flaz,/L;:/'=Jl(1
.
o
bov5~S:;t'18
, ,
.-J 1'--"
W.lr.i!lll~wJ>::;,
~
, ' ,
,
'"'
CROWN AMERICAN
l I I f
February 21, 2001
.
SENT VIA OVERNIGlIT DELIVERY
CyberXpo.com
733 Winter Street
North Andover, MA 01845
RE: License Agreement dated June 29, 2000, by and between Crown American Financing Partnership, L.P., as
Licensor, and cyberXpo.com., as Licensee, for premises at Capital Ci~ Mall, Camp Hill, Pennsylvania.
~
NOTICE OF DEFAULT
Dear Licensee:
You are hereby declared to be in Defuult under the above-referenced License Agreement based upon your
violations of Paragraph 5 of the Agreement for failure to pay Fixed Minimum Rent when due.
You are further notified to cure the above-referenced Default within ten (10) days as provided under the License
Agreement The following charges are now due:
Date
12101/00
01101101
02101101
DescriDtion
Fixed Minimum Rent
Fixed Minimum Rent
Fixed Minimum Rent
Amount Due
$ 3333.33
3333,33
3333.33
$9999 99
,<]
Any questions concerning this outstanding amount should be directed to Ms. Tina Paul, COlJlOrate Credit Manager
at 814-536-9586.
Nothing contained in this letter shall be deemed to estop or preclude Licensor from specifying any other Event of
Defuult as defined under the License Agreement
Your failure to timely cure said Defuult or the continued violation of same shall result in Licensor pursuing all
rights and remedies available to it under the License Agreement, at law or in equi~.
Sincerely yours.
CROWN AMERICAN PROPERTIES, LP.,
A DELAWARE LIMITED PARTNERSHIP,
BY: CROWN AMERICAN REALTY TRUST,
ITS SOLE GENERAL PARTNER
~
Martin Nadorlik
Real Estate Counsel
Director ofLease Admiuistration
Imks
cc:
John Venzon
Andy Herdman
Legal Department
Credit Department
Asset Management Administration
DE[,lIC^TEO TO CUSTOMER SERVICE EXCEUEN<:~
CROWN AMERICAN PROPERTIES, L,P,
PASQUERIllA PLAZA. JOHNSTOWN, PA 15907-0879
814'536'4441
Crown American Rea1cy Trust is (he managing general parmer of Crown American Propc'rrit:s. LP.
,"''-~''"''I>-~
-,. .~
',- """""I
;;f-f
"'~~~:'~
. '"'
. 'CROWN AMERICAN PROPERTIES, L.P.
, 1 j (
, , ,
May 2, 200 I
SENT VIA OVERNIGHT DELIVERY -972-650-1110
Mr. Clayton H. Duncan
Director of Leasing
Big Fat Wow, Inc.
102 Decker Court
Suite 203
Innng, Texas 75062
RE: License Agreement dated as of June 29, 2000, by and between Crown American Properties,
L.P" as Licensor, and cyberXpo,com" as Licensee, for premises at Capital City Mall, Camp
Hill, Pennsylvania
NOTICE OF TERMINATION
Dear Licensee:
You have failed to cure the Default referenced in the Notice of Default sent to you on February 21,
2001, concerning the above License Agreement. Accordingly, we hereby declare pursuant to
Paragraph 14 of the License Agreement, that the said License and any and all rights you or your
Licensee may have to occupy the premises s~all terminate upon your receipt of this Notice,
, .
Nothing contained hereinabove shall be deetn:ed to preclude Licensor from exercising any and all
rights under the aforesaid License Agreement; at ,LaW or in equity.
Sincerely yours,
CROWN AMERICAN PROPERTIES, L.P.,
A DELAWARE LIMITED PARTNERSIDP,
BY: CROWN AMERICAN REALTY TRUST,
ITS SOLE GENERAL PARTNER
Martin NadorIik
Real Estate Counsel
Director of Lease Administration
Imks
cc: Ernie Brennsteiner
Asset Management Administration
Legal Department
Credit Department
Mike Starchville
PASQUERILLA PLAZA-JOHNSTOWN, PA 15901
(814) 536-4441
Wi
~!ii~~~~i1M~_~~~~Jf*-'$:!' <,'),;'t',b',-"'"~i.<A"'Oi"o"I'H~~',;-1';)"'lfu.--i;~li~A<<~1m"",~~~l'OO~""" 0, .~c"~"'- ~'ffi,' -"'~-
'\ [ I .
, , .
.
~ ~ ~ ..t:t
~
/k-
& 0 0
~ ~; '.j
~ Ii
'':r.;-~ .
....... r:' ; ~,_ 7
...... ~ :.::--- c, ,
j ....... F! "' i"--,)
.() (j~, .,-
V ?2 ~:.:.-.:
- .~ .~.
R p
-.< U)
..
~
-~-~
" "
-
,~ t,
.:. --~,~. -I , , ~_ ,_ ,.Ji ~.,_~ ",-,"".~-,~,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
CROWN AMERICAN PROPERTIES, L.P.,
by Crown American Realty Trust, its
General Partner
Plaintiff,
v.
FileNo.QI- JII.I. C;,,;l' }"iI2-J'v)
cyberXpo.com, Inc.,
Defendant.
Civil Action - Law
CERTIFICATION
The undersigned hereby certifies that the attached Praecipe for Execution! Attachment does not
arise out of a retail installment sale, contract, or account based on a confession of judgment, but
if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended.
Date: May 17,2001
Signature: ~ s. .:5J.4-
Print Name: Craig S. Sharnetzka. Esquire
Attorney for Plaintiff
Supreme Court ID No.: 83863
i~~~~li&&lllii"IJ..lit_MIn~"_r-.K~!Th:1121iil,;;;;,';N~":;"lh;;,j':+1-k-0~;h.:#-~ri.1;W!{!Ji~llifiJ:iQ';'I"l
,.~, - ~,
~~~_~, =~~, M '"' ,~<">
. ,=--
HllJiJlM':1iMlKiY
-' ~
<-"[j'
~~~ = -"^'
o
s;-
9)~'
t5 ~~_:~
~~
~2
......:-
-1
-<
-:I
co
:..~;,-..
~".J
:-:;::-"
Lv
",.
\D
-~
"":D
:<
~
;,,,,,,,,,,,,,,,0,"-"'"
~.-
--,-
~~~i nn.IiiI!'iIlIIL_[J,,~d -'~"",-b~;'.},'
. .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CROWN AMERICAN PROPERTIES, L.P.,
by Crown American Realty Trust, its
General Partner
Plaintiff,
v.
No. 01-,)//,1. (3:~~l ~
cyberXpo.com, Inc.,
Defendant.
Civil Action - Law
(X) Notice is hereby given that a Judgment in Ejectment in the above-
captioned matter has been entered against you on May ~, 2001.
(X) A copy of all documents frled with the Prothonotary in support of the within
judgment is/are enclosed.
JL;0~) ~.~
Prothonotary Civ' iv.
by:
If you have any questions regarding this Notice, please contact the frling party:
NAME: Craig S. Sharnetzka, Esquire
ADDRESS: 29 North Duke Street
York, PA 17401
TELEPHONE NO: (717) 848-4900
(This Notice is given in accordance with PA.R.c.P. 236.)
Notice sent to: NAME cyberXpo.com, Inc.
ADDRESS 102 Decker Court, Suite 203
Irving, Texas 75062
-'-'
.-"""'-,~ -
."
~"'_.- ,
....J...~~~~
"'"-"i~,i!ti"
. ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CROWN AMERICAN PROPERTIES, L.P.,
by Crown American Realty Trust, its
General Partner
Plaintiff,
v.
No. C>/-.3/l..b
Cio~(~
cyberXpo.com, Inc.,
Defendant.
Civil Action - Law
PRAECIPE FOR WRIT OF POSSESSION UPON A CONFESSED JUDGMENT
To the Prothonotary:
Issue writ of possession upon the judgment in ejectment entered by confession in
the above matter.
CERTIFICATION
I certify that:
(1) This Praecipe is based upon a judgment entered by confession, and
(2) Notice pursuant to Rule 2973.3 will be served with the writ of possession.
Respectfully submitted,
CGA Law Firm
Countess Gilbert Andrews P.C.
.S.SW
Craig . Sharnetzka, Esquire
Supreme Court No. 83863
29 North Duke Street
York, Pennsylvania 17401
Telephone: (717) 848-4900
Attorneys for Plaintiff
Date: May 17, 2001
,~~~_.tJd-:J!@:j;iHilIli:tki~~;\t<&!:iit(;-d'!).J<,~"""J-!",;gk"""'~".0Z\'~:.i1'!ikil""!~iooi~l;~i~ii1iljmlm:t'i""~~~~ 1- .~~~'lit""""-'.~'
'f::J~
~~
~
o
~
,-t.) r?
IV\IJ
~, =<~~~<>
.......
......
......
--0
~
.c'4.
.....
.
()
o
o
--- ~~"-~,~"
~, ~
:&l(
[; "-
...0 <
B 6
I
~
~
o
o
~~
~
~
,
..
i1- Ii Il.MtiL
o
-o~
r'nr;~
;~:';'i
LC
~~:'
<c)
'1> ~_
~~c<
).'>c
....:::.
---'
-<
o
-
, .
~";
~"'"
-,:.,",,>
~ .
N
C.J
,:J1
C)
*'
-.~..-: W
=,
':", ~ ~," ,~ 'I lie l\W~ - 1-' ~~iiil%:ik,iJ;<l'5.k';{ ,
tT
"',;
~i
r--
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CROWN AMERICAN PROPERTIES, L.P.,
by Crown American Realty Trust, its
General Partner
Plaintiff,
v.
No. 0/- 31l,.{.,.
Co~T~
cyberXpo.com, Inc.,
Defendant.
Civil Action - Law
NOTICE UNDER RULE 2973.3 OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: cyberXpo.com, Inc.
102 Decker Court, Suite 203
Irving, Texas 75062
A judgment for possession of real property has been entered against you and in
favor of the plaintiff without any prior notice or hearing based on a confession of
judgment contained in a written agreement or other paper allegedly signed by you. The
Court has issued a writ of possession which directs the Sheriff to remove you from
possession of the real property.
You may have legal rights to defeat the judgment or to prevent your being
removed from the property or to regain possession of the property if you have been
removed, if you did not voluntarily, intelligently and knowingly give up your
constitutional right to notice and hearing prior to the entry of judgment or if you have
defenses or other valid objections to the judgment. ANY PETITION SEEKING
RELIEF FROM THE JUDGMENT AND TO REGAIN POSSESSION MUST BE
FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS
NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
If you have been removed from the property without notice or the opportunity
for a hearing, you have a right to a prompt court hearing if you claim that you did not
voluntarily, intelligently and knowingly give up your rights to notice and hearing prior
to the entry of the judgment. If you wish to exercise this right, you must immediately
fill out and sign the request for hearing which accompanies the writ of execution and
deliver it to the Sheriff of Cumberland County at Carlisle, Pennsylvania.
-,'
. ,
/ ~
v .
.
l...~~.
J _ ~ ,~_ ..'
<i~;_"
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.
Lawyer Referral Service of
The Cumberland County Bar Association
The Cumberland County Bar Center
2 Liberty Avenue
Carlisle, PA 17013
Telephone No. (717) 249-3166
(800) 990-9108
Date: May 17, 2001
CGA Law Firm
Countess Gilbert Andrews P.C.
Craig S. arnetzka, Esquire
Supreme Court No. 83863
29 North Duke Street
York, Peunsylvania 1740 I
Telephone: (717) 848-4900
Attorneys for Plaintiff
_~_~~t~1i/.:~.~"-~J,;,''i<i.\Iilli\ie~,!\!',,^w.;'''j!liM.;#.t';~.'''''''''"-~iIIIl~ilin1
~'~~
--."o~~,\u_.u k~,~, In ., , ,J[J~Ifl. ~!J[~r~,""1'~~11!~,~",:,-'f-M__,t,:,U;'~P",1",,~;ca:,. ",:>N~",')!-c,'''S''Yd _, ,~X"," < ..,
~" ~.
.,,-,,-,,
..".,~~~' "~ '~1JiIJW
,~~, -""', ~ ."
()
C
~;-->-
-Or-";~
!;J)rt
85S,:~'
i:~i:-:
iEE;
c
----;
~
-<
.~ .
.,'.'0'
~~)
:.n
<:::)
,
.
't
\
'--'
(~)
-r
--<::
f',)
"'
..~'
..j ".- ~-" '--'-~,
-~"- c(
,
f .."
,
'.
;J;o en '" '" ;J;o Z Z
0- ::r' ,.., Si - ('")....
0- '" 0 "' .Q ~n :=> :=>
,.., -
,.., ~ ::r' ~ ':< ~z
'" ':< en [ 5. ~
en ~ =::..,
en
er:l=
() t"lt"l 0
><:N @ '8 ~ ~ ,....
~ i:l:I('") ,
o \Ll ~$] . W
::r' ~z ;J;o () $'1:1 t""o ,....
'" - 1-" ~i:l:I ~ ;J;o~ '"
@ . 0 - to OJ n '"
'1 0 ('").... Zi:l:I
,.., q~
>1j !;ilfj: :l Ul . .., 0.., n
0> '" . ~o H 1-"
"" '< :l '"d ('")0 <:
'" ~& r w"'1 ()
,.., 0' n >-319 0"'1 1-"
en ~" """C . ~ tll ~('") ,....
3 ,.., 0 -<
OCD '" en 0\0 '" ~o
~ ,.... - '?oo ~~
Ul ;;; CD en
rt 5' rt Woo .~ =::
cr ....t"l H
~ " I-'.t'j
'" - @ 0\'Jl "'=::
~ rtUl
en CD <Jl'Jl en . t"l0
'" rt ~ t"l....
,.., Zz
-< en ..,0 ~r'
'" ~ t'j r'JZ Z'" (;' (;'
0- en "" "" "" "" ::l '"d
.0 'Jlt"" ,.., ,..,
CD . Fl 3
. 11 . ~t"l
N OJ ~;J;o
,.... \Ll ,....~ ;":00
. . ~i
0 U1 ZO
0 0 ...."'1
>
11
By virtue of this writ, on the 30 day of May 2001
I caused the within named Crown American Properties, L.P., by Crown American Realty Trus ~ to
have possession of the premises described ~xooxl 3506 Capital City Mall
Drive, Camp Hill, PA 17011
Sheriff's Costs:
81.91
Refund:
$ 68.09
Sworn and subscribed to before me this .2-~
day of C}.Q , ,1.t~
'j" (j /2"/J/;,,-,, ~
Prothonotary
SOA?~t_(J(#et
f\ 0 QSh7fiff /
By ~a...uch:L- I OOWb1ze,(
C.k. 3.:1 ~"] (
I.,,";' -
(i!u...1/3717
~~i~~~~~~:,jjI\;l~jjffl:jj~~~".""''''itiIi1_~~ ~,
"Di,."-O ,,,.,,., ,-^
,
.
1
,- .,
WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,
CROWN ilMERICAN PROPERTIES, L.P.,
by Crown American Realty Trust, its
General Partner
01-3166 Civil
Term
No.
No.
Term
vs.
Costs
cyberXpo.can, Inc.
Att'y,
Pl'ff (s)
Prothy.
$ 29.50
$
$ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Cumberland
County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
Crown American Properties, L.P., by Crown American Realty Turst, its
General Partner
Plaintiff (s)
being: (Premises as follows):
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property ofthe defen-
dant (s) and sell his/her (or their) interest therein,
(SEAL)
Curtis R. Lonq
ProthonotaIy, Common Pleas Court of Cumberland County, Pennsylvania
Bj<; .a I)-,?^P ~ [} ~l?/?~' r--
Deputy
Date
May 24, 2001
!~"w~""~.,,},","~ M
," ~',~",~,_"""~"~___"~."_""~",,,,. _"".",=_~_~,'_ ~__,~,_ ''''' _ ,",0"
, . _~ ,,'~,~,~, ~ ""'_" - _ ~ ",~ ~,<, ~O' ,__, =,>
r.
~~
~, - ',......,j
J_'
c
,,1,_ , ,~"",,J"""""-~b
,
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
...
CA1llE NO: 2001-03166 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CROWN AMERICAN PROPERTIES LP
VS.
CYBERXPO.COM INC
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT
,CYBERXPO.COM INC
by United States Certified Mail postage
prepaid, on the 25th day of May ,2001 at 0008:00 HOURS, at
102 DECKER COURT SUITE 203
IRVING, TX 75062 , a true
and attested copy of the attached WRIT OF POSSESSION
Together
with
The returned
receipt card was signed by MICHELE HOWARD
05/31/2001
on
Additional Comments:
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
~apPJ'jjJIS: ~.
~U1 <';'~t
.
R. Thomas Kline
Sheriff of Cumberland County
Paid by
on 0010010000 .
Sworn and subscriAed to before me
this 1.3"!!' day of ~
.;JIHJ( A.D.
r} . t2 ~
~thonotary' ~
~1'.......1"
(~~
',Ie ~ "",,.',,~" ~_~ ~~,,~.
="~l@';lI;ii~~~~i0!.o[,i%,J-.;;~'Rti;>&,Ii.1.~,,,,ti\;J!iJ~~n~~~~~
~ ,,~,~~ ' "'"'E',,~ """ ',,~~_ ~ , ,~',".,">;"
,,--, ,~
".._rru.uJirl
''V''-lJK
. ~
,-~, ~--
-
,:
I':
~
,.. '.
.
.n