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HomeMy WebLinkAbout01-03719 ,__' L. _0. ~.;~"" - _..~ -, -~ '-',l-. --" . -~li<.<k'j . I $ , CUMBERLAND PARTNERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 01-371'1 ~ ~ JOHN DAVID JUDSON and ELAINE L. JUDSON, his wife, Defendants 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 Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 or (800) 990-9108 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 ,"0 -;J. u .'H,~,~ i>_ , . . '~ - ~'-~'"'' ,. , tomara medidas y puede entrara una orden contra usted sin aviso 0 notificacion y por cualquiere queja 0 alivio que es en la peticion de demanda. Usted puede perder dinero propiedades 0 ostros derechos importantes para usted. previo pedido o sus 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 6/;~/ By MARTSOLF & F. R. Mart olf, Esquire Pa. Attor ey I.D. No. 15859 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for plaintiff 2 {,"~:l-'~'- ~ ~----'~ ~l, . u ,- "~ - -..> ~-') " .. CUMBERLAND PARTNERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 01- 37)q ~ I~ JOHN DAVID JUDSON and ELAINE L. JUDSON, his wife, Defendants COMPLAINT AND NOW comes Plaintiff, by and through its counsel, Martsolf & Bratton, and represents as follows: 1. Plaintiff is Cumberland Partners, a pennsylvania limited partnership, with offices and a principal place of business located at 2 Ponds Edge Drive, Chadds Ford, Pennsylvania 19317. 2. Defendants are John David Judson and Elaine L. Judson, his wife, with a place of business at 5600 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about November 3, 1994, Plaintiff, as Landlord, entered into a Lease with Defendants, as Tenant, for premises located at 5600 Carlisle Pike, Store No.3, Mechanicsburg, Cumberland County, Pennsylvania ("Premises"). 4. A true and correct copy of the Lease is attached hereto as Exhibit "A". 5. On or about December 1, 1995, Plaintiff, as Landlord, and Defendants, as Tenant, entered into a Lease Amendment, a true and correct copy of which is attached hereto as Exhibit "B". -~ """~ ",. ,-1 ~, . w~ -. '-~~li~<mJ,;;; ~ . 6. Defendants have defaulted under the terms and conditions of the Lease as follows: (a) Failure to make the required monthly rental payments as required by the Lease; and (b) Failure to pay late charges as required by the Lease. 7. Attached hereto and marked as Exhibit "C" is a copy of Plaintiff's business records entitled "Profile History List" detailing all credits to which Tenant is entitled for and on account of sums due and owing to Landlord pursuant to the Lease from December 31, 1995 to and including June 1, 2001 reflecting a total amount due and owing to Landlord from Tenant in the amount of $20,675.25. 8. Although demand has been made by Plaintiff upon Defendants to comply with the terms and conditions of the Lease, Tenant has failed and refused and continues to fail and refuse to do so. Count I - Possession of Premises 9. The allegations of Paragraphs 1 through 8 above are incorporated herein by reference. WHEREFORE, Plaintiff respectfully requests that judgment for possession of the Premises known as Store No.3, 5600 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania be awarded to Plaintiff and that Defendants be immediately and forever evicted from such Premises and that Plaintiff be awarded their costs of 2 " - ,. " - ,..-~~ .. ,J <- .-- _ 0 _~ . - - ~-.!I',i'i>-- - . suit and reasonable attorneys' fees, all as provided for in the Lease. Count II - Damaqes 10. The allegations of Paragraphs 1 through 9 above are incorporated herein by reference. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $20,675.25, representing rent due and late charges due, together with costs of suit and reasonable attorneys' fees as provided for in the Lease. Respectfully submitted, By Date 6/ffh / I MARTSOLF & F. R. Mart olf, Esquire Pa. Attor ey I.D. No. 15859 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Plaintiff 3 L .. - _",,",l~_O *~ . -,~- , -~ " , (1;: VI F:!l E'D-(,~r-,,,,, -~, <.,.I. rlUL : ~'-'1-' I,"" 'O-<\R ' ,'" 1-' ." Y ',-' ,- ~.Ij" fr o I JUN I 8 Mi 9: 22 CUME!f.F;'. ,(:,!,;''', rI'UNTY' ~ L! l '.,-" 1..1...1 rENNSYLVANiA --~ '''."" --~,. _h; .,-",'_ 'V_~__-lC" 1'-'" ,~ __J""_.~.~__ "~"' "-;,,,,.~.,,~~_~r~_'~ , i~ .~" ""'r" "-"", Im-g, I ~lliji!l~ll1~if'il!;;'Hfli!MI~~~~~I<!i,:_~!,i;/:;;;,k.';;U\"-'~J;-f" "")':'_j-,-,>:,:''!';'''''i<:1*,i\1i'r'J:'Jffl'l'.,*-i!'ji1i\!!fi.~~i'_~-'m'_~'1\1~!~il'~fi::~ ARTICLE I II III IV VI VII VIII IX XI XII ,,; ".1 .- ","L'~. '~.h" "~~"":i'~, . TABLE OF CONTENTS PAGE G;:e:::.t cme;, T.!:rm 1 Rent scd Other Charges 1 6 Use of Premises and Conduct of Business By Tenant Maintenance of Leased Premises 9 V 10 Assignment and Subletting Insurance, Indemnity 11 Estoppel Letter, Attornment and Subordination 12 Bankruptcy or Insolvency 13 Default of the Tenant 14 X 16 Destruction of Lessec Premises Eminent Domain 17 Miscellaneous 17 Shopping Center: CIJIIlERLANll. KW'RT Landlord: CtMlERU\ND PJlRlNERS '1'enant: .mN DAVID JJIml AAD MINE L. JJD9JN 3 ~tore No.: Fom 5F-l RevIsed August IS, 1989 4111151/ /f ,{ o . ~ " . LEASE between THIS LEASE made as of this 3rd day of ~oveJber, 1994, by and Cll1ilerland Partners, A Pennsylvania C1iii1ted Partnership- - 1 the address of which is c/o 'Brand)Wine. Inc. . ,P.O. Box 999, Chadds Ford, PA 19317, (Landlord), and John David Judson and Elaine L. Judson the address of which is 5600 Carlisle Pike. tlechanicsburQ, Pennsylvania 17055 , (Tenant). , .Group" ARTICLE I. GRANT AND TERM SECTION 1.01. LEASED PREMISES. Landlord, in consideration rent to be paid and the covenants to be performed by Tenant, does demise and lease unto Tenant, and Tenant hereby rents from Landlord, certain premises in the retail development commonly known as ClrnhPrland Kmart (hereinafter referred to "Shopping Center") and having dimensions of approximately 15 feet in frontage by 100 feet in depth, totalling 1.500 square feet of floor area. Said development is shown on the site plan marked Exhibit "A" attached hereto and made a part hereof, such "Leased Premises" being cross hatched thereon and known as Store No. 1L----. The legal description of the Shopping Center is more particularly described on Exhibit "B" attached hereto and made a part hereof. of the hereby those The exterior walls and roof of the Leased Premises and the area beneath or above S~~9 premises are not demised hereunder and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, wires and structural elements leading through the Leased Premises in locations which will not materially interfere with Tenant's use thereof and serving other parts of the Shopping Center are hereby reserved unto Landlord. SECTION 1.02. COMMENCEMENT AND ENDING DAY OF TERM. The term of this lease shall commence on the ---1sL day of ~ ) 19 94. and the term shall be for a period of SIX M:>>IrnS ( 6 r-oS. T years from and after the commencement date unless sooner terminated as hereinafter provided. ARTICLE II. RENT AND OTHER CHARGES the MINIMUM RENT. (a) The minimum annual rental during be Ten Thousand T\\O Hundred lXlllars and 00/100 dollars \$ 10 ~m m ). During 1;.1! l! th~~e&ik!r a~~iftg \~B ~8.m i~ ~~ia l!~!t SECTION 2.01. ~ Lease ~shall 1ERM j 1. ! 4l j' any '.'u ~..J. .2.__1. b.),dJ.!. '.'b.~:L renewals or extens ions * product obtained by multiplying the previous year's minimum annual r y~a fraction, the numerator of which is the prior twelve-mon riod Consumer Price Index - Seasonally Adjusted U.S. City Avera All Items For Urban Consumers (1967 "" 100) published monthly i ' onthly Labor Reviewll of the Bureau of l.abor Statistics of the . States Department of Labor ("CPI-UII) published for the IIbase ,as hereafter defined, of each such Lease Year and the denominat w ich is the CPI-U for the !Ibase month" of the previous Lease Ye ii) 105% of the previous year's minimum rent, whichever is n s Index - Earners (b) 1ft \ha a i~t Seasonally Adjusted and Clerical W diSURtb, " tftl! ~PI II is U.S. City or rban Wage the IIMonthly Avera e published monthly in * The rental pa)lWlt during the option ~iod win be the 5"'" as ;::::~4 ',10 ~ _'Uc --;.-i'- as C!~;T~ -~ ~ ""......,.j.. INT'L '))1 1 rt ~" =, e:..iI;,-" J. "J~~!F' ~ ~ II 11 paragraph (a) above. In the sr:I'l~_ ~ R:tics on the purchasing power r.esponsible fin ~cal or event CPI-W is , comparabl~ INT'7'1 urner dollar, published by a L_..~ recognized authority selected by Landlorl "'~~ " 9 "'I (e) used in computing the CPI-U adjustment in paragraph (a) increases in the is above en into changed, the figures a ~ng the ~ng y be changed so that all acCOunt notwithstanding any such change (d) The minimum annual rental as hereinbefore provided shall be payable by Tenant in twelve equal eonsecutive monthly installments each. on or before the first day of each month, in advance, at the office of the Landlord or such other place as the Landlord may designate, without any prior demand therefor and without any deductions or set offs whatsoever. In addition to the annual minimum rental, as hereinbefore provided, Tenant- shall pay to Landlord all sales and/or commercial rental tax now or here after levied by the State of Pennsylvania or any local authority against Landlord by virtue of this Lease. (e) first day of prorated upon Should the term of a calendar month, a daily basis based this Lease commence on then the rental for upon a thirty (30) day a day other than such month shall calendar month. the be SECTION 2.02. hereinabove provided, and commencing at the same time as the minimum obligation commences hereunder, Tenant agrees to pay to Landlord rent as set forth below: p~ tI (a) CAM. During the first Lease Year, Tenant s 11 pay to Landlord additional rent in monthly amounts of $ eac to reimburse Landlord for expenses incurred in ,connection with the operation and maintenance of the common areas of the Shopping Center ( einafter referred to as lI'['enant's CANII). During the second Lease Year d each Lease Year thereafter during the term of this Lease and any newals or extensions hereof, Tenant's CAN will be (i) the current Tena IS CAM multiplied by a fraction, the numerator of which is the CPI-U pub' hed for the base month (as that term is defined above) of the current Lea Year and the denominator of which is t.he CPI-U for t.he previous Lease Ye or (ii) 10Si: of the pTevious year's Tcmant's CAM, which eveT is greater. Should the CPI-U be discontinued for any reason, it shall be repla~ed as s forth above. (b) REAL uring the term hereof and any renewals or extensions thereof, Tenant sha pay its prorata share of all annual real estate taxes assessed against t Shopping Center (hereinafter referred to as IITenant I s Share of Taxesll). the event that a portion of the Shopping Center is separately asses d for the purpose of billing real estate taxes directly to an anchor t nt, Tenant's Share of Taxes shall be determined by the square footage lea a by Tenant compa~ed to the square footage of that portion of the Shop'; ng Center not separately assessed for the purpose of billi.ng real esta taxes directly to an anchor tenant. Initially. Tenant shall pay to ~ alord $ per square foot leased by Tenant in equal monthly insta ments of $ , which amount shall be credited to Tenantls Share of T s. Tenant shall also pay, within ten (10) days of being billed for same the difference. between the amount paid by Tenant under this paragr an~ Tenant's Share of faxes for real estate taxes actually paid by Lan rd. For the convenience of Tenant, the monthly amount payable by Tenant u er this paragraph may be increased in the event of an increase in real \"_0 L~ 2 Initia~s ~'r{ ~ ". -~, . ~', ,. ~ f__ ~ "I ~ __ nlliii:t:~:, (e) extensions thereof, Tenant shall pay its prorata share of all annual ins ce premiums billed for insurance coverage for' the benefit of the Sho Center (hereinafter referred to as "Tenant's Share of Insurance"). the event an anchor tenant of.the Shopping Center pays insurance s for its leased space directly to an insurance car~ier, Tenant's Sha Insurance shall be determined by the square footage leased by Tena ompared to the square footage of that portion of the Shopping nter not leased to such anchor tenant. Initially, Tenant shall pay andlord $ per square foot leased by Tenant in equal mont installments of $ , which amount shall be credited to nantls Share of Insurance. Tenant shall also pay, within ten (10) da f being billed for same. the difference between the amount paid by Ten under this paragraph and Tenant's Share of Insurance for annual insur premiums actually paid by Landlord. For the convenience of Tenant, monthly amount payable by Tenant under this paragraph may be inc ed in the event of an increase in insurance premiums payable by -~,..~., .-....j '--""'lr b'f' j, " ,~ SECTION 2.02.1 . COMMON AREA. (a) The term IIcommcm area, II as used in the Lease, shall mean the parking areas, roadways, pedestrian sidewalks. truckway~, loading docks. delivery areas, landscaped areas, public bathroom and comfort stations, and all other areas or improvements which may be provided by the Landlord for the convenience and use of the tenants of the Shopping Center. and their respective sub-tenants. agents, employees, customers, invitees, and any other licensees of Landlord. The use and occupancy by the Tenant of the Leased Premises shall include the use, in common with all others to whom Landlord has granted or may hereafter grant rights to use the same, of the common areas located within the Shopping Center, and of such other facilities as may be designated from time to. time, subject, however, to rules and regulations for the use thereof as prescribed from time to time by the Landlord. Landlord may include the parking areas, roadways and landscaped areas located on property adjacent and contiguous to the Shopping Center in the common ar~as. Tenant and its employees shall park their cars only in areas specifically deSignated from time to time by Landlord for that put"pose. Automobile license numbers of employees' cars shall be furnished to Landlord upon Landlord's request. Landlord may at any time close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights in such area or to discourage non-customer parking; and may do such other acts in and to the common areas as in its judgment may be desirable to improve the convenience thereof. (b) Landlord reserves the right, from time to time, to utilize portions of the common areas for carnival type shows. rides and entertainment, outdoor shows, displays, automobile and other product shows. the leasing of kiosks, or such other uses which in Landlord's judgment tend to attract the public. Further, Landlord reserves the right to utilize the lighting standards and other areas in the parking lot for advertising purposes. SECTION 2.03. UTILITY CHARGES. Tenant shall be solely responsible for and promptly pay all charges for water, gas,. heat, electricity, sewer and any other utility used upon or furnished to the Leased Premises. Utility deposits shall be the sole responsibility of the Tenant. If Landlord shall elect to .supply any of the foregoing utilities used upon or furnished to the Leased Premises, Tenant agrees to pu~chase and pay for same as additional rent, within ten (10) days of the presentation by Landlord to Tenant of bills, therefor, at the applicable rates filed by the utility company serving. the area with the. proper regulatory authority and in effect from time to time covering such services. The obligation of the Tenant to pay for such utilities shall commence as of the date on which possession of the premises is delivered to Tenant. 3 . Initials ~ ,"- ,,- , ~'---' ,;,.;.- '-,--,< ~ L -liJll]:tl~Ii-j~, SECTION 2.04. Merchant's Association by the tenants of the Shopping Center, become a member thereof. and will maintain such membership in good and will abide by the regulations and c90perate in the activiti Association throughout the term of this Lease and any extension r renewals thereof. The purpose of the Merchants Association shall to foster the intp.rest of its members and to encourage its members to d fairly and courteously with their customers# to follow ethical bu . ess practices# and to assist the business and its members by sales omotions and centerwide advertising The annual budget of the Merchan Association shall be determined by its Board of Directors nd Tenant agrees to pay its proportionate share thereof in monthly. tallments. Nothing in the By-Laws or regulations of the said Associ 10n shall be in conflict with the provisions of this Lease, inclu. g without limiting the generality of the foregoing. any reasonable r es and regulations adopted pursuant to the provisions of Section 3.11 reof, or in any wise shall effect the right of Landlord. The provisio of this Section shall.not obligate the Landlord to form a Merchants As ciation or to contribute to its financial undertakings. In the event a chants Association has not been formed, and untilone'is formed. Tenan agrees to pay to Landlord the sum of ($ ) Dollars per square foot per year as Tenant1s toward the advertising, promotion, pUblic relations and expenses utilized in promoting and advertising the Shopping r-';:_',",::;;" ~ :;. I ;_ EE SECTION 2.05. TAXES ON TENANT'S PROPERTY. Tenant shall be responsible for and shall pay before delinquency all municipal, county, state and federal taxes assessed during the term of this lease against any leasehold interest or personaJ property of any kind, owned by or placed in, upon or about the Leased Premises by the Tenant. SECTION 2.06. ADDITIONAL PAYMENTS. Tenant shan pay sums of money or charges required to be paid by Tenant under promptly when the same are due, without any deductions or setoff All such amounts or charges shall be payable to Landlord at the the fixed minimum annual rental is payable. any and all this Lease whatsoever. place where SECTION 2.07. LATE CHARGE. In the event Tenant does not make any lease payments when due, then Tenant shall pay to Landlord a late charge equal to* ;U\-H. 1''''.......",,,... (.00 of the monthly minimum**rent due hereunder. This late charge is intended to compensate Landlord for its additional administrative costs resulting from Tenant's failure and has been agreed upon by Landlord and Tenant, after negotiation, as a reasonable estimate of the additional administrative costs which will be incurred by Landlord as a result of Tenant's failure. * one and one-half percent (1.5%) ** and addi tiona 1 SECTION 2.08. ACCORD AND SATISFACTION. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipUlated shall be deemed to be other than on account of the earliest stipulated rent, no~ shall any endorsement or statement on any eheck or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord snall accept such check or payment without prejudice to Landlord1s right to recover the balance of such rent or pursue any other remedy in this Lease prOVided. SECTION 2.09. CALENDAR YEAR. The term llcalendar year" as used in this Lease shall be defined to mean a period of twelve (12) consecutive months from January 1, to December 31. 4 Initials ~ -\r -- ".. -- ~_. "" ~~"'~o- '~'1"fi SRCTION 2.10. that it will furnish to Landlord within thirty (30) days af 1ration of each month a complete statement, certlfi n, of the amount of gross sales, as defined in Sect 0 this Lease along with copies of all sales tax repor y and delivered to the State Department of Revenue --I 1~;.r'L , """',.rl l>I f 'I r, 1-;; SEC'fION 2.11. II II shall be construed to include the entire amount of the actual sales ce, whether for cash or otherwise, of all sales of merchandise or servic and all other receipts whatsoever of all business conducted in or fro he Leased Premises, including mail or telephone orders received or fil at the Leased Premises. and including all deposits not refunded to purc ers, orders taken, j; although said orders may be filled elsewhere, and. eluding sales by any ;1 sublessee, concessionnaire or licensee or otbe . e in said premises. No 1 deduction shall be allowed for uncollected 0 uncollectible c:edit amounts.~--, Said term shall not include, however, any s collected and pa1d out for any~ !~'iTL I sales or excise tax imposed by any dul onstituted governmental authority nor ..--~~. shall it include the exchange of me andise between the stores of Tenant, if J) any, where such exchange of m andise is made solely for the convenient t "!' , operation of the business enant and not for the purpose of consurmnating a L ,\ sale which has theretof been made, in or from the Leased Premises and/or for the purpose of riving Landlord of the benefit of a sale which otherwise would be made i .or from the Leased Premises nor shall -the term include the amount of re ns to shoppers or manufacturers nor proceeds from the sale of trade f~ ures. There shall be deducted from Gross Sales the amount of any cash ~redit refund made upon any sale where the merchandise sold, or some SECTION 2.12. 'FURNISHING OF FINANCIAL STATEMENT. Upon Landlord's written request, Tenant shall promptly furnish Landlord, from time 'to time, financial statements reflecting Tenant's current financial condition. 5 Initials ~A' -4FYJJ ^' ~,- - ~ ~, "~ ,,-, ""-'0'" ',,;. J. -~_t"'~d ARTICLE III. USE OF PREMISES AND CONDUCT OF BUSINESS BY TENANT SECTION 3.01. USE OF PREMISES. Leased Premises during the continuance of this conducting the business of: A Post Office Tenant shall use and occupy the Lease solely for the purpose of and for no other purpose or, purposes without the prior written consent of Landlord. SECTION 3.02. CHANGE OF NAME. Tenant agrees (a) to operate its business in the Leased Premises under the name of ~1nhn n:mirf .llvlo::nn ;:lIiarf J:'h;~ I Judson so long as the same shall not be held to be in violation of any,applicable law, and (b) not to change the advertised name or character of the business operated in the Leased Premises without the prior written approval of Landlord, and (c) to. refer to the Shopping Center as CUJ~rl;wlI<Jmr+ in designating the location of the Leased Premises in all newspaper and other advertising and in all other references to the location of the Leased Premises. SECTION 3.03. SOLICITATION OF BUSINESS. Tenant and Tenant's employees and agents shall not solicit business in the parking or other common areas nor shall Tenant distribute any handbills or other advertising matter in the parking area or in other common areas. SECTION 3.04. OPERATION OF BUSINESS. Tenant agrees to operate one hundred percent (1001.) of the Leased" Premises during the entire term of this Lease unless prevented from doing so because of fire, accident, or acts of God, and to conduct its business at all times in a high class and reputable manner, maintaining at all times a full staff of employees and a full and complete stock of merchandise. Tenant shall install and maintain at all times a display of merchandise in the -display windows, if any, of the Leased Premises and shall keep same veIl lighted during all Shopping Center business hours. Tenant shall promptly comply with all laws and ordinances and lawful orders and regulations affecting the premises hereby leased and the cleanliness, safety. occupancy and use of same. No auction, liquidation, going out of business, fire or bankruptcy sales may be conducted in the Leased Premises without the prior written consent of Landlord. Tenant agrees that it will operate and keep the Leased Premises open for business for a,minimum of ....6-. days a week and from the hours of 8.:.00. a.m. to 5.:.00. p.m. each day., and '\.1ill conduct such business in a lawful manner and in good faith, and viII not do any act tending to injure the reputation of the Shopping Center. SECTION 3.05. STORAGE, OFFICE SPACE. Tenant shall warehouse, store and/or stock in the Leased Premises only such goods, wares and merchandise as Tenant intends to offer for sale at retail at, in, from or upon the Leased Premises. This shall not preclude occasional emergency transfers of merchandise from the other stores of Tenant, if any, not. located in the Shopping Center. Tenant shall use-for office, clerical, or other ,non-selling . purposes only such space in the Leased Premises as is from time to time .:.:~..':':.....:r~.8:s.~~ably required. for Tenant I s business in the Leased Premises. " ;,"-"",,, SECTION 3.06. CARE OF PREMISES.. Tenant shall keep the Leased 'Premises (including the service a~eas adjacent thereto, show windows and ~--'-'.:':..~... ~ig~s) ~rderly, neat, safe and clean and free. from rubbish and dirt at all 6 Initials ~ -~-. --" ~, .-, .-"~- --; "'-~ -, ~~'" times and shall store all trash and garbage at Tenant's expense. Tenant shall not burn any trash or garbage at any time in or about the Shopping Center. If Landlord shall provide any services or facilities for such pick up, then Tenant shall be obligated to use the same and shall pay a proportionate share of the actual cost thereof within ten (10) days after being billed therefor. SECTION 3.07. WASTE OR NUISANCE. Tenant shall not commit or suffer to be conunitted any 'Waste upon the Leased Premises or any nuisance or other act or thing which may disturb the quiet enjoyment of any other Tenant in the building 1n which the Leased Premises may be located, or in the Shopping Center. Tenant shall not use or permit to be used, any medium that might constitute a nuisance, such as loud speakers; sound amplifiers, phonographs, radios', televisions, or any other sound producing device which will carry sound outside the Leased Premises. No flashing light will be used without prior .written approval by Landlord. . SECTION 3.08. INSTALLATION BY TENANT. Tenant shall not make or cause to be made any alterations, additions or improvements to the Leased Premises, or install or cause to be installed any exterior signs, floor covering, interior or exterior lighting, plumbing fixtures. shades, canopies or a'Wnings or make any changes to the store front, mechanical, electrical, or sprinkler systems without the prior written approval of Landlord. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. SECTION 3.09. REMOVAL BY TENANT. All alterations. decorations, additions and impTovements made by Tenant shall be deemed to have attached to the leasehold and to have become the property of Landlord upon such attachment, and upon expiration of this Lease or any renewal terms thereof. the Tenant shall not remove any of such alterations, decorations, additions and improvements, except trade fixtures installed by Tenant may be removed if all rents due herein are paid in full and Tenant is not otherwise in default hereunder, and Tenant shall promptly remove the same and repair any damage to the Leased Premises caused by such removal at the expiration or termination of the Lease. If Tenant is in default, Landlord shall have a lien on said fiY-tures as security against loss or damage resulting from any such default by Tenant and said fixtures shall not be removed by Tenant. SECTION 3.10. SIGNS. Tenant will not place or cause to be placed or maintained any sign or advertising matter of any kind anywhere within the Shopping Center except in the interior of the Leased Premises without the prior written approval of Landlord. No installation, change, alteration, or modification of any exterior sign shall be undertaken without Landlordls prior written approval. No symbol, design, name. mark or insignia adopted by the Landlord for the Shopping Center shall be used without the prior written consent of Landlord. All signs located in the interior of any store shall be in good taste so as not to detract from the general appearance of the store and the Shopping Center. Tenant further agrees to maintain in good condition and repair at all times any such sign or advertising matter of any kind which has been app~oved by Landlord for use by Tenant. SECTION 3.11. RULES AND REGULATIONS. Tenant agrees to comply with and observe all rules and regulations established by Landlord from time to. time, provided the same. shall apply uniformly. to all. tenants of the Shopping Cente~; Tenant's failu~e to keep and observe said ~ules and regulations shall constitute a breach of the terms of this Lease in the manner as if the. same were contained herein as covenants. In the event such Rules and Regulations are already .in existence. they are attached hereto as Exhibit .110.11 7 Initials L -"T!f) ""_ 'h. . ~ '. ''; " .~,- '",",' ^L'.ii:lW SECTION 3.12. QUIET ENJOYMENT. Upon payment by the Tenant of the. rents herein provided, and upon the observance and performance of all the covenants, terms and conditions of Tenant's part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy the Leased Premises for the term hereby demised without hindrance or interruption by' Landlord Or any other person or persons lawfully or equitably claiming by, through or under the Landlord. subject, nevertheless, to the terms and conditions of this Lease, and any mortgages to which this Lease is subordinate. SECTION 3.13. LOSS AND DAMAGE. The Landlord shall not be responsible or liable to the Tenant for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the Leased Premises or any part of the building of which the Leased Premises are a part, or for any loss or damage resulting to the Tenant or its property from bursting, stoppage or leaking water, gas. aewer or steam pipes or for any damage within the Leased Premises from any cause whatsoever. SECTION 3.14. NOTICE BY TENANT. notice to Landlord in case of fire or accidents the ,building of which the Leased Premises are a in any fixtures or equipment. Tenant shall give immediate in the Leased Premises or in part or of defects therein Or SECTION 3.15. RIGHT OF ENTRY. Landrord or Landlord's agent shall have the right to enter the Leased Premises at all reasonable times to examine the same, and to show them to prospective purchasers or mortgagees of the Shopping Center. and to make such repairs, alt~rations, improvements or additions as Landlord may deem necessary or desirable, and .Landlord shall be ailowed to take all material into and upon the Leased Premises that may be required therefor without the same constituting an eviction of Tenant in whole . or in part, and the rent reserved shall in no ways abate while said repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of Tenant, or otherwise. During the six months prior to the expiration of the term of this Lease or any renewal term. Landlord may exhibit the premises to prospective tenants and place upon the Leased Premises the usual notices liTo Let" Or "For Rent" which notices Tenant shall permit to remain thereon without molestation. SECTION 3.16. CHANGES AND ADDITIONS. Landlord hereby reserves the right at any time. and from time to time, to make alterations or additions to, and to build additional stories on the building in which the Leased Premises are located and to build adjoining the same. Landlord also reserves the right at any time, and from time to time, to construct other buildings and improvements in the Shopping Center and to enlarge the Shopping Center. and to make alterations therein or additions thereto, and to build additional stories on any building or buildings within the Shopping Center, and to any building adjoining thereto and to construct decks or elevated parking facilities. The purpose of .the attached site plan is to show the approximate location of the Leased Premises within the Shopping Center and Landlord reserves the right at any time to reloeate the various buildings. parking areas and other common areas shown. on said site plan. SECTION 3.17. HAZARDOUS WASTE. _'ft'.~..' '. .""-",,. --;~~::::'_."".'''''"-''..(~r''''i~;~e'e'' '~hal1 not cau;;e' ".~r'stffer contamination of > the. Demised ......:::-':...~:~~.premises by hazardous waste or toxic substances and'shall not handle or' permit. --'.'-'; polychlorinated. biphenyls._ ("PCB's) or asbest~s or subst,ances containing PCB's or asbestos' on the. Premises. Lessee shall immediately provide Lessor with .:.~,...__..:, notic:e~'of. any~-:~..event: of an environmental nature. including any spill. or other . ..,:: ...- incideJre'::which"" could";. result.. 1n,- contamination - to.. the' Premises. Initials q r. '+W 8 . "' ~"' '.'-'- "-""-.,-~ "~""',~ .' ''''''''''''\,i (b) Lessee shall conduct all of its operations at the Premises in compliance with all federal, state and local statutes, ordinances, regulations, orders and/or requirements, including, but not limited tal the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation, and Liability Act, or any amendments thereto, or in any regulations promulgated thereto, or in any similar state or local law, regulation or ordinance ("Environmental Statutes"). Lessee shall obtain all permits, licenses or approvals and shall make all notifications and registrations required by Environmental Statutes and shall submit to Lessor, upon request, for inspecting and copying all documents, permits. licenses, approvals, manifests and records required to be submitted and/or maintained by the provisions of the Environmental Statutes. Lessee shall also provide promptly to Lessor copies of any correspondence, notice of violation. summons, order, complaint or other document received by Lessee pertaining to compliance with Environmental Statutes. (c) Lessee shall permit Lessor and Lessor's agents, servants and employees) including but not limited to legal counsel and environmental consultants and engineers, access to the premises for the purposes of environmental inspections and sampling during regular business hours, or during other hours after reasonable notice by Lessor, or in the event of any environmental emergency. Lessee shall not restrict access to any part of the premises. and Lessee shall not impose any ,conditions to access. To the extent any hazardous conditions exists on the Leased Premises, Lessor. in its sole discretion may remedy and/or cause to be remedied at the Lessee's sole expense, the defect or contamination, and Lessor reserves the right to re- inspect the Leased Premises after any remediation. and require Lessee to take appropriate action to remedy and/or cause to be remedied any further defect or contamination resulting from this tenancy. (d) Lessee shall indemnify, defend and hold harmless Lessor from and against all claims. liabilities, losses. damages and costs. foreseen or unforeseen, including without limitation counsel, engineering and other professional or expert fees, which Lessor may incur by reason of Lessee's action or non-action with regard to Lessee's obligations under this paragraph. ARTICLE IV. MAINTENANCE OF, LEASED PREMISES SECTION 4.01. LANDLORD'S OBLIGATIONS FOR MAINTENANCE. Landlord shall keep and maintain the foundation. exterior walls, and roof of the building in which the Leased Premises are located and the structural portions of the Leased Premises which were originally installed by Landlord, exclusive of doors. door frames. door checks. windows. and exclusive of window frames located in exterior building walls, in good repair except that Landlord shall not be called upon to make such repairs occasioned by the act or negligence of Tenant. its agents, employees. invitees, licensees or contractors, except to the extent that Landlord is reimbursed therefor under any po~icy of insurance permitting waiver of subrogation in advance of loss. Landlord shall not be called upon to make any other improvements or repairs of any kind upon said premises and appurtenances. except as may be required under Articles X and XI hereof. SECTION 4.02. TENANT'S OBLIGATIONS FOR MAINTENANCE. (a) Except as provided in Section 4.01 of this Lease, Tenant shall keep and maintain in good order. condition and repair (including replacement of parts ~nd equipment. if necessary) the Leased Premises and every part thereof and any and all appurtenances thereto wherever located, including, but without limitation, the exterior and interior portion of all doors. door checks, windows, plate glass, store front, all plumbing and sewage facilities 9 Initials ~~ ~~ ,- ~ . ""~. ~,., "~l;;: within the Leased Premises, including free flow up to the main sewer line, all fixtures, heating, air conditioning, sprinkler and electrical systems which service the Leased Premises (whether or not located in the Leased Premises), and all walls, floors and ceilings. Tenant. upon accepting the Leased Premises will provide to Landlord a copy of a heating and air conditioning preventative maintenance contract from a certified contractor. (b) Tenant shall keep and maintain the Leased Premises "in a clean. sanitary and safe condition in accordance with the laws of the State of Pennsylvania and in accordance with all directions, rules and regulations of the health officer. fire marshall. building inspector. or other proper officials of the governmental agencies having jurisdiction, at the sole cost and expense of Tenant, and Tenant shall comply with all requirements of law, ordinance and otherwise. affecting the Leased Premises. If Tenant refuses or neglects to commence and to complete repairs promptly and adequately, Landlord may, but shall not be required to. make and complete said repairs and Tenant shall pay the cost thereof to Landlord upon demand. At the time of the expiration of the tenancy created herein, Tenant shall surrender the Leased Premises in good condition, reasonable wear and tear. loss by fire or other unavoidable casualty excepted. In the event Tenant has made alterations to the Leased Premises, Landlord may, at its option, require Tenant to restore the Leased Premises to their condition upon delivery, at Tenant's cost and expense. (c) Tenant shall keep and maintain the Leased Premises and all other parts of the Shopping Center free from any and all liens arising out of any work performed, materials furnished or obligations incurred by or for Tenant, and agrees to bond against_ or discharge any mechanic's or materialman's lien within ten (10) days after written request therefor by Landlord. Tenant shall reimburse Landlord for any and ~ll costs and expenses which may be incurred by Landlord by reason of the filing of any such liens and/or the removal of same such reimbursement to be made with ten (10) days after receipt by Tenant from Landlord of a statement setting forth the amount of such costs and expenses. The failure of Tenant to pay any such amount to Landlord ~ithin said ten (10) day period shall c'arry with it the same consequences as failure to pay any installment of rental. ARTICLE V. ASSIGNHENT AND SUBLETTING SECTION 5.01. ASSIGNHENT AND SUBLETTING. (a) Tenant shall not assign this Lease, sublet all or any part of the Leased Premises or otherwise trar.sfer its interest in the Lease without the prior written consent of Landlord and upon such terms and conditions as may be mutually agreed upon by the parties. Tenant specifically acknowledges and agrees that Landlord may require, 2S a condition to such consent. that the Minimum Rent be increased to reflect current market conditions. In no event shall any assignment or sublease of the Leas~d Premises release or relieve Tenant or any Guarantor of this Lease from any of their obligations under this Lease, and they shall remain liable under the lease as though no assignment or sublease had taken place. (b) If at ~ny time during the term of this Lease. any part or all of its outstanding voting stock, if Tenant is a corporation, or any interest in the partnership', if Tenant is a partnership, shall be transferred by sale, assignment, bequest, inheritance, operation. of law, or other dispositions so as'to. result' - in.a change in the present effective voting control.oL.Tenant by . the person or persons owning a majority of said outstanding voting stock or a majority interest in the partnership, as the case may be, on the d~te. of this -. Lease, then 'such event shall constitute an assignment for'. the purposes of this Lease. 10 Initials ~~ . ~ , " - -..,. <' ~, '( .&.:l~-- (c) In the event Tenant shall, with Landlord's consent) assign its' interest in this Lease or sublet the Leased Premises for rentals in excess of those rentals reserved hereunder. Tenant shall pay all of such excess rent to Landlord as additional rent. . (d) In the case of any permitted assignment or sublease, any proposed assignee or subtenant of Tenant shall assume Tenant1s obligations hereunder and deliver to Landlord an assumption agreement in form satisfactory to Landlord at least ten (lU) days prior to the effective date of the assignment. The consent by Landlord to an assignment or subletting and the assumption of Tenant1s obligations by 'an approved assignee shall not in any way be construed to relieve Tenant or any other occupant of the Leased Premises from obtaining the express written consent of Landlord to any further. assigmne,nt or subletting.' (e) If Tenant or any Guarantor of this Lease is a corporation or partnership. then if at any time during the term or any extension or renew3l thereof the person or persons who) on th~ date of this Lease. oWn or owns a majority of such corporation's voting shares or such partnership's partnership interest. as the case may be. cease or ceases to own a majority of such shares (whether such sale occurs at one time or at intervals, so that, in the aggreg~te such transfer shall have occurred), or such partnership interest, as the case may be, Tenant shall so notify Landlord and Landlord shall have the right, at its option) to terminate this Lease upon' ten (10) days I written notice to Tenant, except that this. paragraph shall not be applicable to any corporation) all of the outstanding voting stock of which is listed on a national securities exchange. (f) Tenant shall pay to Landlord, Landlord's administrative costs, overhead and attorney1s fees incurred in connection with such assignment or subletting. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or the subletting of the Leased Premises. ARTICLE VI. INSURANCE, INDEMNITY SECTION 6.01. LIABILITY INSURANCE. Tenant shall, during the entire term hereof. keep in full force and effect a policy of public liability and property damage insurance with respect to the Leased Premises; and the business operated hy Tenant and any sub-tenants of Tenant in the Leased Premises including steam boiler insurance if applicable, in which the lu~its of public liability shall be not less than $1.000,000.00 per person and Sl,OOO.OOO.OO for more than one person in anyone accident and in which the limit of property damage liability shall be not less than $100.000.00. The policy shall name Landlord. any other parties in interest designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer ~ill not cancel or change the insurance without first giving the Landlord thirty (30) days prior written notice. Such insurance may be furnished by Tenant under any blanket policy carried by it or under a separate policy therefor. The insurance shall be with an insurance ,company approved by Landlord and a copy of the paid-up policy evidencing such insurance or a certificate of insurer certifying to the issuance of such policy shall "be delivered to Landlo~d prior to commencement of the term of this Lease and upon renewals not less than thirty. (30) days prior to the expiration of such coverage. . ":;"~''''~'_''_''' '.. ,.,."......-.. .','.,- " - --~,.,. .--.-...,.-....."'. --..,...~,._,., 'O~._.. _ ~..~_."."..... ,..,.., SECTION 6.02. PROPERTY, INSURANCE. (a) Landlord agrees, during the term. hereof, to." carry . '1ii.s\iran'c::e'~" a.gainst fire, vandalism, malicious mischief and such other perils as,are:from time to time included in a standard extended-.coverage endorse~en~.~~.!i~~~,t:...L~~dlord t s option., sp~cial. extende~ 11 Initials 2f15T -, ,,~ .< ~ '~,,~.~, ~Jl' coverage and endorsements, ,nsuring the improvements to the Shoppir.. Center in an amount determined solely by Landlord. (b) Tenant agrees to carry, at its expense, insurance agains fire, vandalism, malicious mischief, and such other perils as are fre time to time included in a standard extended coverage endorsement insuring Tenant's merchandise, trade fixtures, furnishings, equipme~ and all other items of personal property of Tenant located on or with~ the Leased Premises, in an amount equal to not less than eighty perce9 (80%) of the actual replacement cost thereof and to furnish Landlord wit a certificate evidencing such coverage. tc) Tenant shall not carry any stock of goods or do anything i or about the Leased Premises which will in any way tend to increase th insurance rates on said premises and/or the building of which they ar a part. If Tenant installs any electrical equipment that overloads th lines in the Leased Premises, Tenant shall at its own expense mak whatever changes are necessary to comply with the requirements of th insurance underwriters and governmental authorities having jurisdiction SECTION 6.03. COVENANT TO HOLD HARMLESS. Tenant wil indemnify Landlord and save it harmless from and against any and al claims, actions, damages, liability and expense in connection wit: violation of Section 3.17 hereof, loss of life, personal injury and/o damage to property, whether claimed to be the result of the negligenc' of Tenant, Landlord or otherwise, arising from or out of any occurrence, in, upon or at the Leased Premises. For the purpose hereof, the Lease. Premises shall include the service areas adjoining the same and th. loading platform area allocated to the use of Tenant. In case Landlorl shall be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay al: costs, expenses and reasonable attorney fees incurred or paid by Landlorc in connection with such litigation, whether claimed to be the result 0: the negligence of Tenant, Landlord or otherwise. ARTICLE VII. ESTOPPEL LETTER, ATTORNMENT AND SUBORDINATION SECTION 7.01. ESTOPPEL LETTER. Tenant agrees within ten (10) days after request therefor by Landlord to execute in recordable form anc deliver to Landlord a statement, in writing, certifying among other item, required by Landlord or third parties, (a) that this Lease is in full force and effect, (b) the date of commencement of the term of this Lease, Ic) that rent is paid currently without any offset or defense thereto, (d) the amount of rent, if any, paid in advance, and (e) that there arE no uncured defaults by Landlord or stating those claimed by Tenant, provided that, in fact such facts are accurate and ascertainable. SECTION 7.02. ATTORNMENT. Tenant shall, in the event any proceedings are brought for the foreclosure of or in the event of exercise of the power of sale under any mortgage made by Landlord covering the Leased Premises, attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease. SECTION 7.03. SUBORDINATION. Tenant agrees that this Lease shall be subordinate to all mortgages or deeds of trust that may hereafter be placed upon said premises and to any and 12 Initials ...1.- -4-29 ~- ~. " - ,~ , ~!ClilMl!l!tt;:jt;~ all advances to be made thereunder, and to the interest thereon, 'and all renewals, replacements and extensions thereof. Tenant also agrees that any mortgagee or trustee may elect to have this Lease a prior lien to its mortgage or deed of trust, and in the event of such election and upon notification by such mortgagee or trustee to Tenant to that effect, this Lease shall be deemed prior in lien to the said mortgage or deed of trust, whether this Lease is dated prior to or subsequent to the date of said mortgage or deed of trust. Tenant agrees, that upon request of Landlord, any mortgagee or any trustee it shall execute whatever instruments may be required to further evidence the intent of this Section. SECTION 7.04. REMEDIES. Failure of the Tenant to execute any of the above instruments within fifteen (15) days upon written request so to do by Landlord, shall constitute a breach of this lease and the Landlord may, at its option, cancel this Lease and terminate the Tenant's interest therein. Further, Tenant hereby irrevocably appoints Landlord as attorney-in-fact for the Tenant with full power and authority to execute and deliver in the name of the Tenant any such instruments. SECTION 7.05. CONFLICT. In the event of a conflict between the terms of the mortgage(s) encumbering the Shopping Center to which this Lease is subordinate the provisions of Articles X and XI of this Lease, the terms of the mortgage document shall prevail. ARTICLE VIII. BANKRUPTCY OR INSOLVENCY SECTION 8.01. TENANT'S INTEREST NOT TRANSFERABLE. Neither this Lease, nor any interest therein nor any estate thereby created shall pass to any trustee or receiver or assignee for the benefit of creditors or otherwise by operation of law. SECTION 8.02. TENANT'S OBLIGATION TO AVOID CREDITORS PROCEEDINGS. Tenant or Tenant's Guarantor, if any, shall not cause or give cause for the institution of legal proceedings seeking to have Tenant or Tenant's Guarantor, if any, adjudicated bankrupt, reorganized or rearranged under the bankruptcy laws of the United states, and shall not cause or give cause for the appointment of a trustee or receiver for the assets of Tenant or Tenant's Guarantor, if any, and shall not make any assignment for the benefit of creditors, or become or be adjudicated insolvent. The allowance of any petition under the bankruptcy law, or the appointment of a trustee or receiver of Tenant or Tenant's Guarantor, if any, or its assets, shall be conclusive evidence that Tenant caused, or gave cause therefor, unless such allowance of the petition, or the appointment of a trustee or receiver, is vacated within thirty (30) days after such allowance or appointment. In the event the estate created hereby shall be taken in execution or by other process of law, or if Tenant or Tenant's Guarantor, if any, shall be adjudicated insolvent or bankrupt pursuant to the provisions of any state or federal insolvency or bankruptcy act, or if a receiver or trustee of the property of Tenant or Tenant's Guarantor, if any, shall be appointed by reason of the insolvency or inability of Tenant or Tenant's Guarantor, if any, to pay its debts or if any assignment shall be made of the property of Tenant or Tenant's Guarantor, if any, for the benefits of creditors,' then and in any such events, Landlord may at its option terminate this Lease and all rights of Tenant hereunder, by giving to Tenant notice in writing of the election of Landlord to so terminate. 13 Initials'..!L- f~ .~ , " SECTION 8.03. UNENFORCEAIlILITY. provisions of this Article are unenforceable under Landlord shall be entitled to exercise any and Landlord pursuant to such laws. In the event any of the applicable bankruptcy laws, all remedies available to ARTICLE IX. DEFAULT OF THE TENANT SECTION 9.01. LANDLORD'S RIGHTS UPON DEFAULT. In the event Tenant fails to pay any rental or other charges due hereunder, or in the event Tenant fails to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant or if Tenant shall violate any of the terms or conditions of section 3.17 of this Lease or if Tenant shall abandon the Leased Premises, or permit this Lease to be taken under any,writ of execution, each of said events shall constitute a default of Tenant. Tenant shall have thirty (30) days after default, other than any default in the payment of any monetary obligations, within which to cure the same or failing to cure, the Landlord. besides other rights or remedies it may have, shall have any and all of the following rights: (a) To re-enter and remove all persons and property from the Leased Premises, and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the aecount of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. Landlordts entry into the Leased Premises shall not be construed a termination of this Lease, and this Lease may not be terminated in the event of default except by a written instrument posted by Landlo~d on the entrance to the Leased Premises. (b) Terminate the Lease and relet the Leased Premises for account of the Landlord or in the sole discretion of Landlord, relet the Leased Premi$es for the account of the Tenant without such termination. in the event that the Leased Premises are let for the account of the Tenant, Tenant shall continue to be liable for the defiCiency between the sums actually received by Landlord as a result of such letting and the sum that would be due for the same period from Tenant according to the terms of this Lease. (c) If any part of the rent shall remain due and unpaid after the same shall become due and payable in full, or if any default of Tenant hereunder shall not be cured within the time allowed herein for such cure, Landlord shall in addition to all other rights and remedies provided for herein, at law, or in equity, have the option of declaring the balance of the entire rent for the entire rental term of this Lease to be immediately due and 'payable in full, and Landlord may then proceed immediately to collect all of the unpaid rent called for by this Lease by distress or otherwise. For purposes of this Section, said balance means the entire minimum rent for the balance of the rental term for each remaining year of the term of this Lease and pro rata for any part of a year. Payment of such rent shall not be deemed a penalty or forfeiture, but solely an advance payment-of rent. SECTION 9.02. RIGHT TO RELET. Should Landlord elect to re-enter. as herein provided or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from ti!'le to time, without terminating this Lease, make such alterations and repair$ as may be necessary in order to relet the Leased Premises, and relet said premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals. and other sums received by Landlord from such reletting shall be applied, first, 14 'Initials 7 '1l'f :If ~< .'" "'''' -, , ,"'.t -""""'-' -'j<; " to the payment of any indebtedlles$ othez." than rent due hereunder- from Tenant to Landlord: second, to the payment of any costs and expenses of such t'eletting, including reasonable bl"okcr.sl;e fees ~md attorney's fees and of costs of such alterations and repairs; third. to thl'! payment of rent and other charges due nlld unpaid hereunder; and the Tesidua, if ('lny, shall be held by Landlord and applied in payment of [utut"e t"ent as the same may becolne due 8nrl payable hel"e~lIlde1:'. If such rentals anti \,theT sums received ft.om such reletting durinr. any month be less than that to be paid during thaI: month by Tenant hel"eunder, Tenant shall pny such deficiency to l..andloL"d" Such deficient"y shall be calculated and p3id mQnthly. No such re-entry or taking possession of the l.eased Premises by Landlord shall be constt'ued as an election on its part to terminate th.is I..ease for any breach, in addition to any otllet' remedies it may have, it mny reco\'er ft'om Tenant all damages it may incur by reason of such breach. including the cost of recovering the Leased Premises, l."easonable attorney's fees, and including the worth at the t'ime of such tel"mination of the excess. if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stateu term over the then reasonable rental value of t.he Leased Premises fot" the remainder of the stated term, all of which amounts shall be immediately due and payable from Tenant. to Landlord. In determining the rent which would be payable by Tenant thereunder. subsequent to default, the annual rent for each year of the unexpired tel'm shall be equal to t~le average annual minimum and percentage rents, if any, paid by Tenant from the commencement of the term to the time of default, or during the preceding three full calendar years, whichever period is shorter. SECTION 9.03. . SECURITY INTEREST. Tenant hereby grants to Landlord a security inter-est under the Uniform Commercial Code in all of Tenant's goods and property in. on or about the Leased Premises. Said security interest shall secure unto Landlord the payment of all rent (and charges collectible or reserved as rent) hereunder which shall become due under the provisions of this J..ease. Tenant hel"e,by agt'ees to execute, upon request of Landlord, such financing statements as may be required under the provisions of the said Uniform Commercial Code to perfect a security interest in Tenant's said goods and p~operty. SECTION 9.04. LEGAL EXPENSES. In case suit shall be brought for recovery of possession or' the Leased Premises, for the recovet'y of rent or any other amount due under the provisions of this Lease. or because of th~ breach of any other covenant herein contained on the part of Tenant to be kept pedol"med. and a breach shAll be established, Tenrmt shall pa)" to Landlord all expenses incm"red therefor, including a re2~onable attorney's fee" Tenant shall also pay all costs. expenses and t.'easonab~e attorney fees that may be incurred or paid by Landlord in en!oteing t.he covenants and agreements of this Lease" SECTION 9.05. SECURIl'Y DEPOSIT. The Landlord herewith acknowledges receipt of Fight I-lmrirPrI Fifty f'hlli'lrc;, i'lnrl OO/1mollars ($ Aq) m which it is to retain as security for the payment of rent (o.,thethet' accrued or to aCCrue and whether becoming due hefore or after termination of this Lease) and for thQ faithful performance of all covenants, conditions and agree.ments of this Lease, but in no event shall the Landlord be obliged to apply the same upon rents or other charges in arrears or upon damages for the Tenant's failure to perform the said covenants, conditions and agreements; the Landlord may so apply the security, at its option and the Landlord's right to the cpossession of the Leased Premises fot' non-payment of rent or for any ot.her -rQason shall not in any event be affected by reason of . the fact that the Landlot'd holds thiS security" The said swn, if not applied toward the payment of rent in arrears or tow8t'd payment of damages suffered by the Landlord by reason of the Tenant's breach of the covenants, conditions and agreements of 15 Initials 1 ~ ,.." , ..1, -~ ~ -il_'"" ;';-' -r~li ~,-, '. this Lease shall be returned to the Tenant without interest within thirty (30) days after Tenant has vacated the premises and delivered possession to the Landlord and Landlord has accepted same. In the event that the Landlord re~takes possession of the Leased- Premises because of the Tenant's default or because of Tenant's failure to carry out the covenants, conditions and agreements of this Leaset the Landlord may apply the said security upon all damages suffered to the date of said repossession and may retain the said security to apply upon such damages as may be suffered or shall accrue thereafter by reason of the Tenant's default or breach. SECTION 9.06. CUMUI~TIVE REMEDIES. The rights and remedies given to Landlord by this Lease shall be deemed to be cumulative and in addition to such other rights and remedies as may be prescribed under the laws of the jurisdiction where the Leased Premises are situated, and no one of such rights and remedies shall be exclusive at law or in, equity of the rights and remedies which Landlord might otherwise have by virtue of a default under this Lease, and the exercise of one such right or remedy by Landlord shall not impair Landlord's standing to exercise any other right or remedy. ARTICLE X. DESTRUCTION OF LEASED PREMISES SECTION 10.01. RECONSTRUCTION OF DAMAGED PREMISES. In the event the Leased Premises shall be partially or totally destroyed by fire or other casualty insured under the insurance carried by Landlord pursuant to Section 6.02 of this Lease, as to become partially or totally untenantable, the damage to the Leased Premises shall be promptly repaired by Landlord, unless Landlord shall elect not to build as hereinafter prOVided, and a just and proportionate part of the fixed minimum rental and all other charges shall be abated until so repaired. The obligation of Landlord hereunder shall be limited to reconstructing the Leased Premises in accordance with initial plans and specifications for the construction of the Leased Premises. In no event shall Landlord be required to .repair or replace Tenant's merchandise, trade fixtures, furnishing or equipment. If more than thirty-five percent (357.) of the Leased Premises or more than thirty-five percent (35%) of the floor area or" the building in which the Leased Premises are located shall be destroyed by fire or other casualty, or if, during the last five (5) years of the term hereof, more "than twenty-five percent (25%).of the Leased Premises or of the floor area of the 'building in which the Leased Premises are located shall be damaged or destroyed by fire or other casualty, then Landlord may elect either to repair or rebuild the Leased Premises or the building of which the Leased Premises are a part, as the case may be, or to terminate this Lease by giving written notice to Tenant of its election to so terminate, such notice to be given within one hundred twenty (120) days after the occurrence of such damage or destruction. If Landlord is required or elects to repair or rebuild the Leased Premises as herein provided, Tenant shall repair or replace its merchandise, trade fixtures, furnishing and equipment in a manner and to at least a condition equal to that prior to its damage or destruction. SECTION 10.02. WAIVER OF SUBROGATION. Each party hereto does hereby remise, release and discharge the other party hereto and any officer, agent, employee or representative of such party, of and from any liability whatsoever hereafter arising from loss, damage, or injury caused by fire or other casualty for which insurance (permitting waiver of liability and containing a waiver of subrogation) is carried by the injured party at the time of such loss, damage or injury to the extent of any recovery by the injured party under such insurance. 16 Initials ~){5 ,yp " -" -.--~.~,-,-" -"~",.-~ l.u.iiiiL ~, , SECTION 10.03. FLOOR AREA. IIFloor Area" as used in this Lease means with respect to the Leased Premises and with respect to each store area separately leased. the number of square feet of floor space on all floor levels in the Leased Premises. including any mezzanine space. measured from the exterior faces of exterior walls, store fronts. corridors and service area, and the center line of party walls. No deduction or exclusion from floor area shall be made by reason of columns, stairs. shafts, or other interior construction. or equipment. ARTICLE XI. EMINENT DOMAIN SECTION 11.01. TOTAL CONDEMNATION OF LEASED PREMISES. If the whole of the Leased Premises shall be taken by any public authority under the power of eminent domain. then the term of this Lease shall cease as of the day possession shall be taken by such public autho~ity and the rent shall be paid up tG that day with proportionate refund by Landlord of such rent as may have been paid in advance for a period subsequent to the date of the taking. SECTION 11.02. PARTIAL CONDEMNATION. If any part of the Leased Premises shall be taken under eminent domain. or if less t~an the whole but more than forty percent (40%) of the common areas shall be taken under eminent domain. Landlord and Tenant shall each have the right' to terminate this Lease and declare the same null and void, by written notice of such intention to the other party within ten (10) days after such taking. In the event neither party exercises said right of termination, the lease shall cease only on the part so taken as of the day possession shall be taken by such public authority and Tenant shall pay rent up to that day. with appropriate refund by Landlord of such rent as may have been paid in advance for a period subsequent to the date of the taking. and thereafter all the terms herein provided shall continue in effect. except that the fixed minimum annual rental shall be reduced in proportion to the amount of the Leased Premises taken and Landlord shall, at its own cost and expense, make all the necessary repairs or alterations to the basic building as originally installed by Landlord. so as to constitute the remaining Leased Premises a complete architectural unit. In the event neither party has the right to terminate the Lease, as provided above, then the provisions of this Lease shall remain in full force and effect. SECTION 11.03. LANDLORD'S AND TENANT'S DAMAGES, All damages a~arded for such taking under the power of eminent domain, ~hether for the whole or a part of the Leased Premises, shall belong to and be the property of Landlord whether such damages shall he awarded as compensation for diminution in value to the Leasehold or to the fee of the Premises and Tenant hereby waives all rights it may have to an award for the value of its leasehold hereunder; provided, however, that Landlord shall not be entitled to the award made for depreciation to. and cost of removal of Tenant's stock and fixtures. ARTICLE XII. MISCELLANEOUS SECTION 12.01. WAIVER. One or more waivers of any covenant or condition by Landlord shall not be construed as a waiver or a subsequent breach of the same covenant or condition, and the consent or approval by Landlord to or of any act by Tenant requiring Land1ord1s-consent or approval shall not be deemed to render unnecessary Landlord's consent or approval to or 17 Initials ~ T~7 ,,' <, ". -" ''';: '*'-,' ~, , a:li\lll~'~^ of any subseqnent similar act by Tenant. No breach of a covenant or condition of this Lease shall be deemed to have been waived by Landlord, unless such waiver be in writing signed by Landlord. SECTION 12.02. ENTIRE AGREEMENT. This Lease and the Exhibits and Addenda, if any, attached hereto and forming a part hereof, set forth all the covenants, promises, agr.eements, conditions and understandings between Landlord and Tenant concerning the Leased Premises and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than are herein set forth. No alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by each party. SECTION 12.03. INTERPRETATION AND USE OF PRONOUNS. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither the method of computation of rent, nor any other provision contained herein, nor any acts of the parties herein, shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall includ~ the feminine and neuter genders. SECTION 12.04. DELAYS. In the event that either party hereto shall be delayed or hindered in or pre~ented from the performance of any act required hereunder by reason of strikes. lockouts, labor troubles. inability to procure materials~ failure of power, restrictive governmental laws or regulations. riots. insurrection. war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then perfo'rmance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. The party entitled to such extension hereunder shall give written notice as soon as possible to the other party hereto of its claim of right to such extension and the reason(s) therefor. The provisions of this Section 12.04 shall not operate to excuse Tenant from prompt payment of rent, percentage rent or any other payments required by the terms of this Lease. SECTION 12.05. NOTICES. Any notice, demand. request, or other instrument which may be or is required to be given under this Lease. shall be sent by United States certified mail, return receipt requested, postage prepaid and shall be addressed (a) if to Landlord at the address first hereinabove given with a copy to: Brand}Wine Group, Inc. P.O. Box 999 Chadds Ford, PA 19317 or at such other address as Landlord may designate by if to Tenant, at the Leased Premises or at such other designate by written notice. All lease payments shall at the address first hereinabove given. written notice, and (b) address as Tenant shall be directed to Landlord SECTION 12.06. section numbers and article as a matter of convenience the scope or intent of such affect this Lease. CAPTIONS AND SECTION NUMBERS. The captions. numbers, appearing in this Lease are inserted only and in no way define. limit, construe. or describe sections or articles of ~his Lease nor in any way 18 . Initia~s ~ T I'" . ~ "~ -~,.l ~ ,. !- ,..lt~l!iii!,: SECTION 12.07. BROKER'S COMMISSION. Each of the parties represents and warrants that there are no claims for brokerage commissions or finder's fees in connection with the execution of this Lease, except that Landlord has agreed to pay a conunission to Brand~ne' Group,. Inc. ,and each of the parties agrees to indemnify the other against. and hold it harmless from, all liabilities arising from any such claim (including, without limitation, the cost of counsel fees in connection therewith). SECTION 12.08. RECORDING. Tenant shall not record this Lease without the written consent of Landlord, however, upon the request of either party hereto, the other party shall join in the execution of a memorandum or so-called "short form" of this Lease for the purposes of recordation. Said memorandum or short form of this Lease shall describe the parties, the Leased Premises. the term of this Lease, any special provisions, shall provide that the interest of the Landlord shall not be subject to liens for improvements made by the Tenant, and shall incorporate this Lease by reference. SECTION 12.09. TRANSFER OF LANDLORD'S INTEREST. In the event of any transfer or transfers of Landlord's interest in the Leased Premises, the transferor shall be automatically relieved of any and all obligations and liabilities on the part of Landlord accruing from and after the date of such. transfer. SECTION 12.10. LIABILITY OF LANDLORD. If Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord's part to be performed, and if as a consequence of such default Tenant shall recover a money judgment agai~st Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Shopping Center and out of rents or other income from such property receivable by Landlord, or out .of the consideration received by Landlord from the sale or other disposition of all or any part of Land1ord1s right, title and interest in the Shopping Center, and neither Landlord nor any of the co-partners comprising the partnership which is the Landlord herein shall be liable for any deficiency. The interest of the Landlord shall not be subject to liens for improvements made by the Tenant. SECTION 12.11. EXECUTION OF LEASE. The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises, and this Lease shall become effective as. a lease only upon execution and delivery thereof by Landlord and Tenant. SECTION 12.12. LAWS. This Lease shall be governed by, and construed in accordance with the laws of the state in which the Shopping Center property is located. If any provision of this Lease or the application thereof to any person or circumstances shall, to ,any extent, be invalid or unenforceable, the remainder of this Lease shall not be affected thereby and each provision of the Lease shall be valid and enforceable to the fullest extent permitted by the law. SECTION 12.13. HOLDING OVER. Any holding over after the expiration of the term hereof with the consent of the Landlord, shall be construed to be a tenancy from month to month (at the monthly minimum rental herein specified plus one-twelfth (1/12) of the average annual percentage rent payable hereunder,for the three lease years immediately preceding,' or the entire portion of the lease term~ if less than three lease years), and shall otherwise be on the same terms and conditions herein specified so far as applicable. 19 Initial .h-- <-<<' Inf- YJ . - ~"l>'...r ~--. ~';k '< SECTION 11.14. SUCCESSORS. All rights and liabilities herein given to, or imposed upon, the,respective parties hereto shall extend to and bind the several respective heirs, ~xecutors, administrators, successors, and assigns of the said parties; and if there shall be more than one Tenant, they shall be bound jointly and severally by the terms, covenants and agreements herein. No rights, however~ shall inure to the benefit of any assignee of Tenant unless the assignment to such assignee has been approved by Landlord in writing as provided in Article V hereof. IN WITNESS WHEREOF, Landlord and Tenant have signed and sealed this lease as of the day and year first above written. In the Presence of: LANDLORD ClMlERIJ\ND PAR1NERS, A Pennsylvania Limited Partnership By: Brand}'iline tion, a Delaware Corporation (/. d y. :I(~(.,;t';:" _ ,vI..te-tAA- ( ~I!", L-n:: (;l'J~- By' [Saal] By: ~[Seal] TENANT JaiN DAVID JJDSO'I and RAINE L. JJDSO'I " BY: BY: <hhn David J on (' L-~;j t"''' ,>'V- Elaine L. Ju on 20 ~~1 Initial "",. '\ ,~ " -~ -,,,- ADDENDUM NO. I THIS ADDENDUM is hereby attached to and made a pan of this Lease between Landlord and Tenant. Notwithstanding anything else set fonh in the Lease, Landlord and Tenant agree as follows: 1, OPTION TO RENEW. Provided Tenant is not in default under the terms of this Lease, Landlord grants to the Tenant ONE (1) option(s) to extend the term of this Lease for SIX!Ql month(s), which said option(s) shall be exercised by Tenant by giving written notice to Landlord at least NINETY (90) days prior to the expiration of the then existing term, Said option is granted on the same terms and conditions as set forth in this Lease for the original term, minimum rent and additional rent shall be calculated and payable in the manner set fonh in the Lease. 2, TERMINAT10N OPTION, Landlord may terminate this Lease at any time during the term hereof by providing Tenant with 180 days prior written notice, The term of this Lease shall expire on the day which is 180 days from the date Tenant receives notice, Notwithstanding the foregoing, if Landlord elects to terminate this Lease with less than 180 days remaining in the Lease term (or any extension term), Landlord shall only be required to provide as many days prior written notice as are remaining in the Lease term. Initials of L~dlord '1,1fl~ Initials of T ena t 'lo- (t "" A< ~;;,~ ,~ J: " .'!:J;:,j1ti: ADDENDUM NO.2 TENANT BUILD-OUT CRITERIA TIllS ADDENDUM is hereby attached to and made a pan of this Lease between Landlord and Tenant. Notwithstanding anything else as set forth in this Lease, Landlord and Tenant agree as follows: I. Pre-construction Tenant sball adhere to the following pre-construction procedures prior to commencement of construction activities. Tenant to furnish the following: A. Construction Documents - The tenant shall suhmit the following plans as required for verification of work proposed (unless noted otherwise, all drawings are to be at a minimum seale of 1/4" equals 1'). 1. Floor plan 2. ' Reflective ceiling plan, including a schednle of additional light fixtures specified for installation 3. Electrical plans with electrical riser diagram and load analysis 4. Plumbing plans 5. Heating, ventilation and air conditioning plans 6. Roof plan indicating location of equipment proposed for installation on the roof or suspended from the roof structure accompanied by dimensions, weight, and details of proposed roof penetrations 7. Sign drawing (exterior signage). B. Construction liability and Insurance - Tenant shall be responsible for any and all damage or injury caused by contractors, subcontractors, material suppliers and Tenant in the course of constructing the improvements. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, actions, damages, liability and expense in connection with or resulting from construction work. Tenant shall provide Landlord with a copy of a paid insurance policy as set forth below before any construction may commence. Tenant shall provide Landlord with a copy of a paid insurance policy as set forth below before any construction may commence. Insurance required shall be written for not less than any limits of liability required by law or by those set forth below, whichever is greater (to be furnished by general contractor). 1. Workman's Compensation: Coverage to be statUtory with minimum of $300,000.00 employer's liability. 2. Public liability: Comprehensive general liability including premises operations, products/completed operations, broad form property damage, contractual protective liability and independent contractor coverage, limits are to be: . ~.. (T ,. ,., ~, ~- . - ~- ".. "'-'"" TENANT BUILD-OUT CR1TERlA' Page 2 Combined bodily injury and property damage - $1,000,000.00 each occurrence, $1,000,000.00 aggregate. 3. Automobile liability insurance including owned, hired and non-owned vehicles: Combined bodily injury and property damage - $1,000,000.00 each occurrence, $1,000,000.00 aggregate. The above items shall be submitted in duplicate to Keith Cherry. Parkemore Management Corporation, 539 Versailles Drive, Suite 200, Maitland, Florida 332751, (407) 539-0444. Tenant shall allow five (5) working days (minimum) for review of submittals. lI. Approvals The Landlords Response will be one of the following: 1. Approval 2. Approval with co=ents provided. 3. Construction documents not approved. The resubmission of the submittal, resolving the problems and comments made, shall be required before construction can commence~ lI. General Tenant shall obtain all necessary permits prior to co=encement of construction work. It shall be the Tenant's responsibility to hire the architects and engineers necessary for development of documents and plans as outlined above and it shall also be the Tenant's responsibility 10 hire a licensed general contractor capahle of obtaining necessary building pennits and completing all work in strict accordance with approved plans and specifications and all local codes and ordinanres. IV. Completion Tenant shall notify Landlord upon completion of build-out improvements and furnish lien releases, waivers and other documents necessary to insure against imposition of any mechanics' and material suppliers liens for labor furnished and material supplied in connection with the alterations and improvements along with a Certificate of Occupancy as issued by the Building Department to Landlord once all work is completed. If Tenant's contractor does not obtain all necessary pennits from the City, County or State, it will be Tenant's responsibility. Initials Z Landlord ('L I, r -. :..'~ p:, \.:: CoO.. ,C. ,) ',', ~ " ,,-,. , ~ .',c, -" -'." . . , 111 -l cO " V' " ::> '. . . ': . ~xRiB n', A ,,' , ~UMBERLANq P~RTNERS', ,f _... _.' ... .. ---'---""7 . ._~....-:- "'---r-T[~:!-~_nv-" .- "::[ . . ~ , i:,' , II . ~,., fI :' i i. ;:;~I '--c!} . r._,. ::," \ ' '" . - i" r= ~i 'I ? ~I ! ,11-'1' . ~I "0 ! 1,6 . _I; '" 1'111 I I 1.0', ~, i/; ! I ~'.',~! I J --~. I : ., I., 1\\ \ . i I ~ ,::(1 : ~ I :: ' . t \, 11 I ~'!~ v.' '/-',., ~ \ ; I I. i ; 1\ , : !...., . 1'1\ \ \ ' ~~-\' ~....< I, lZ/, ., '. '\.: , 0 r . .! v I ':'.\ \\\N Cl" r \ .' "0\ ->- "0\ \ \ '. "" '" : I ,,\\ '\ \ \ ....'\..- --~ I ~/ ' \. \ \""-':..,~ "-"~ -1,. i == ," .~, ; \ \ "~"'>..t ' I \ \ \ ''(~. ,',""L 'q'i \\ '\ '. __ Z.}J;-c''';L.' .~- : \:::'. . ..-.. . ~);:. -'i ['1'1 ;. \ \_:il.,~,...___..~~.).. ,"..:';._." ''')C\'~'.J.n''','''1 : . --"-';"0''''-'' ''.'~(''''r ~"<; 000 ?( .-........... . . . I>- . i ' ':---, '::i .__..____ '. ~,~.,~- ..\ . .. '~iF1II", .~.., ._.;' '/ \ ,~~ ~ . >'>/ '.' ..... \ ..J><fl' ..... j"D!:' .....: .' .. ' , v, ;.......:,. '\-......:~ ,J . .:....:':.~.:vl:._ ....t-.-l 1<'1. .., , .., , , I i 1 I ~~ .: I ~\ ~ ,.. ." " ~ ,;: , , \\-1 \~ - d .;'. ,\~ 'I,J " <r \-Ij '.;! t!" ~ <, " ,. I.'. .. :.', Ie .. :1.; 'c ~. , ,. ....-. ,....- - .,- .. ( i , ~ , 'L t i r.:.. , .'~.! \1. " , Ij~ v < .... .... .. :: ,.' ~~.. \~. ,0 0.' 0 -'~._, 'h~,-~~-~~ ....- -- , /, . ('. .' ./.......:; ......- .......... ...--.. ,.- "..,.. :l~ I 1 ~.... . .- r. .. "'JiLl.,. .":""-"~' ,--",", "c' L '~ - ,";,-"ii'-'-"'-",'~,L ~ ~'e,' JI TIo' '"if''' EXHIBIT "." All that certain tract of land situate in Ha~pden Township, Cwnberland County, Pennsylvania, more particularly described as fpllows: Beginning at a point "on. the southerly right of way line' of Carlisle' pike (U. 5..'7 Route 11) sa.i.? point being 1,618 feet easterly from the intersection of the easterly side of Wingate,Drive with the said southerly right of way line of Carlisle pike (U". S. Route 11): thence along the southerly right of way line of Carlisle pike (u. S. Route 11) south 640 411 45" East 370 feet to a point; thence South 250 18' 15" \'lest 218.10 feet to a point; thence Sou,th '640 41' 45" East 56 feet to a point: thence South 250 18' 15" West 57 feet to a point; thence South 640 41' 45" East 208 feet to a point: thence South 250 18' 15" l'lest 283 feet to a point; thence South 640 411 45" East 45 feet to a point; thence South 250 . 18' 15" West 305.07 feet to a point; thence North 740 52' 00" l~est 689.84 feet to a point; thence North 250 18' 15" East 985 feet to the point or place of beginning_ . . ,---_.. I INT'L ! '. ' '--r,)'11 .() ? irJyt' ! " " I . l____.' "", -, ,. ,<. , ~,'; o .!, '.~~' ~iiAi,':; FIRST AMENDMENT OF LEASE '~ . TH~S AMENDMENT, made and entered into as of the /~day of D:'~_~(~-n/--tl/~, 1995, by and between Cumberland Partii'"ers. a Pennsvl vania Limited Partnershio, hereinafter ("Landlord n), and John David Judson and Elaine L. Judson hereinafter ("Tenant"). WIT N E SSE T H WHEREAS, Landlord and Tenant did enter into and execute a Lease dated November 13, 1994, by the terms of which a store known as and numbered 3, CUmberland Kmart Center, Mechanicsburg, Pennsylvania duly leased by Landlord and Tenant, and; WHEREAS, the parties hereto by negotiation and agreement, desire to modify and amend certain portions of said Lease to the mutual advantage of both parties; NOW THEREFORE, in consideration of the premises and for the sum of $10.00 and other valuable consideration by each of the parties hereto to the other in hand paid, receipt whereof is reciprocally acknowledged, the parties agree to amend and modify said Lease dated November 13, 1994 as follows: 1. EFFECTIVE DATE. This Agreement shall have an effective date of December 1, 1995 (the "Effective Date") . 2. TERM. The term of the Lease is hereby extended on a month to month basis (the llExtension Term") . 3. SECTION 2.01. MINIMUM RENT. (a) The minimum annual rental during the Extension Term shall be Ten Thousand Two Hundred Dollars and 00/100 ($10,200.00). 4. TERMINATION OPTION: Provided Tenant is not in default of the Lease, than either Tenant or Landlord may cancel this Lease at any time during the term hereof by providing Ninety (90) days prior written notice. The term of this Lease shall expire on the day which is Ninety (90) days from the date that either Landlord or Tenant receives notice. 5. RATIFICATION. It is expressly understood and agreed that this Third Amendment of Lease between the parties hereto is intended to amend and modify the Lease, only to the extent set forth and that in all other terms and conditions, the Lease, are hereby ratified and confirmed. &..H1J3; T 'I)}, f( "~ H .. > < " ' ";,.,~,~."'J,,fk'" rrr.l11~,ih , " IN WITNESS THEREOF, the parties hereto have caused instrument to be signed by their respective officers, authorized, the day and year first above written. this duly WITNESS: LANDLORD: Cumberland Partners, a pennsylvania Limited Partnership BY: .Brandywine Corporation, a aware rp a ion /,' ~' ICl.t:R;J" BY: TENANT: John David Judson and Elaine L. Judson ~,~~d ,A ~ I'};?,,;~ X;;(~ b:)~ v: ~_ ~ BY: ~- - .~~---- Elaine L. Judson .. ~. - J Uli- I ~- c:UU I W!:U ll; jU fin tll<HNU I W llit. r liiHli0 I HL ,J rHII NU, UjU~tltl~Uj I "" ~ \..... ~ ~ .... (I) ...I ~ .s (I) .- :I: Cl) - I;:; o ~ 0.. Ol '" '" a. :ll ..; .. ... .,; N ... Ol u " .. .. 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'I: " ~ c 0 ~ ~ ~ ffi l- I- z z .. w w ll! ~ .. '" '" '" ~ c <> ~ '" l! <> <> <> ~ ... ~ ~ en in <( <( III III iiii g ;s 8 (; (; ;; ~ ~ ;s c c 0 '" ~ c ~ <> <> c ~ ~ ;;; .s N ~ C! !i'J ~ ;,; .. 2il oo ~ .! .. c ~ !i! ;;j ~ ~ c ~ Ii! .. e M ill Ul '" <:I 0.. ,I, ,-"",.- . ""'''-' t'j ~r' rHX Nu, blUjbbbbll 1. [...v ....~~ ~, .. , . ",.. "' :' ~lh'W(!<1W~~,'_, VERIFICATION I, TERRY A. HOOVER, collector and custodian of records for Brandywine Real Estate Management Services, authorized agent for Cumberland Partners, verifY and say that I am familiar with the facts contained in the foregoing and state that they are true and correct to the best of my knowledge, information and belief and that I am familiar with the provisions of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ Irrlo I ~~d- ~ Terry . Ho er '. Brandywin Real Estate Management Services, Authorized agent for Plaintiff '~"iiIIil<~M!rr~~""'-"'-"''!'ih1l:'Ji!f-''--" ',^""-",,,<"'-"'- .,,~,,"., ~~"~'-'i,' I I 1 i f I' " I I; I I I I I ;.fi~D:iii'<!iii\f~'ii~Fl>i~;~,;, 'i;'i0~,l;",&,~';;;'jt;m_~llk~~;,d.i!If':i;;;~d'2',,_o,;~_~~;d,'l-'Jfu~~~'i!i~W~ o c: <" -o(',~ ~~ (J) ,. .'-' ~C; S:C" i;:~~ Z ~ ~ ,.... j ~~ ~ ~ l!l Y\ ?'\ ~ \9 D .c. ~ t h I ~ 1';. ci.> >2 f::1. ~" <: "<l .. " ~ ~ "", ~, ." "r"A ,. = a o -G h~1 <- ~ CD ,-,.rT; - "" ,-~~~) J,:-:,-" ::J'-~ ;'.:...:,-q :~~~~ LO ''C) ('-' ~ -< ~ =:D m "",,,.,,,,--, , ,--, ' "",-- "1-' -u;lrk, . SHERIFF'S RETURN - REGULAR CASE NO: 2001-03719 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND PARTNERS VS JUDSON JOHN DAVID ET AL BRYAN D WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JUDSON JOHN DAVID the DEFENDANT , at 1040:00 HOURS, on the 27th day of June , 2001 at 5600 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to JOHN DAVID JUDSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sherif~f' s Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.82 .00 10.00 .00 34.82 r-~~ R. Thomas Kline 06/28/2001 MARTSOLF & Sworn and Subscribed to before By: BRATTON ;~/) WlJ Deputy Sheriff me this /<it!::. day of Q4 .)1>-0 f A.D. C2;-c (,' IJdR,. /, A~"'i r thonotary ~~ , , , "J ..> 'C'. -, ~, '1" ^ju- \ .', !,., ~;-: ~ CASE NO: 2001-03719 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND PARTNERS VS JUDSON JOHN DAVID ET AL BRYAN D WARD , Sheriff or Deputy Sheriff of Cumberland county,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JUDSON ELAINE L the DEFENDANT , at 1040:00 HOURS, on the 27th day of June , 2001 at 5600 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to JOHN DAVID JUDSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ?,"~~.,<t:~ R. Thomas Kline 06/28/2001 MARTSOLF & BRATTON Sworn and Subscribed to before me this /9 ~ day of ~ :Me I A.D. Gr~tEn~ I~ By: A )) Deputy il:;heriff It 7~ j ',~ "^ ,~--,,~ ~~ ",~i' CUMBERLAND PARTNERS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No.: 01-3718 CIVIL TERM .,/ Q(- '?>It'l Ci.~I'/~. JOHN DAVID JUDSON and ELAINE L. JUDSON, his wife, tJd/b/a WASH PLUS, Defendants. AGREEMENT PURSUANT TO RULE 237.2 TO E-X,TEND TIME TO PLEAD FOLLOWING TEN-DAY NOTICE It is agreed that Defendants are granted an extension of time through August 17, 2001 in which to file an answer. After the above date, ajudgment of non-pros or by default, as may be appropriate, may be entered upon praecipe without further notice. Date: rJ ~ ( , Ii Attorney for Plaintiff Date: 7!3/~1 . Attorney for Defendants 1i~_M!lill.i:<,ti~iii(J_l.,;JfII;"lMt;;;t4~il'~~@,;.il,%Jt",-;\.:;;,,,-/,,t~t::'i'i,iliM~~"'iiilliiIiliI~~mu~~i'l:F'm''''''''''''''-'' .~, ,"~~-~~, ^ ," ," ~~ ~" ,-~ ~ ~,~,~ ~ 'ilii1lW C) 0 0 c: -n s:: > --1 ""Om c:: ~L~ -n mIn en f\{;::;;:; Z::D , I --.cn &iC ~~~:~ ~ -=<~. kC' -0 /5 :ti ~o :Jtt: ~':;-, () -0 c- om :J>c: --, ~ => ~ (T> ~ fo;' ,,,;,'" "~' = " ,j-j "~ ,.., ,,"~-~~j CUMBERLAND PARTNERS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOHN DAVID JUDSON and ELAINE 1. JUDSON, his wife, tld!b/a WASH PLUS, Defendants. No.: 01-3718 CIVIL TERM Q(- ?>-llq C{~I/ ~........... AGREEMENT PURSUANT TO RULE 237.2 TO EXTEND TIME TO PLEAD FOLLOWING TEN-DAY NOTICE It is agreed that Defendants are granted an extension of time through August 17, 2001 in which to file an answer. After the above date, a judgment of non-pros or by default, as may be appropriate, may be entered upon praecipe without further notice. Date: DJ~( . Ii Attorney for Plaintiff Date: 7!3/~1 . Attorney for Defendants ... - ,-, . ~_ ___ __ ~_ __ - - _, -0 ----- --,.,..-- - -~ ,~------ ---- -, .- - - .- -, ,~ -- , ;.-.;;,--";, ".-: :O' ~' ~, 11 :~~_1iM~mtii~;i:~i~,'itI":":":i'-*,'ii<i:'~K~"hiotgj!i0.b;;H'o,,"'A'_C:'"': i""'~ ";,[<",':;,~?-,'-"is,,r,,":j"$,,;;g;<~:!>li!4~,~w&~~~ih>'~.' ~ j~l!!\'lIi!l,"~~'J~i1lr -~--~ ~ ~ - , ~ , ,-- "', ." ,~, ~~ () 0 0 ~ -n J:>' .--1 ""OU-i c::: ~.~~; ::R mm G"> Z:IJ I ~-:'1l'Tl Zr,::~ -'jO "" r: ~'2~ ~:;~~ ~O -0 ~O :.\1: '~2o ..c:~ r'}' -0 .r;:- O' ::>c ., ---l Z :;:) 5J :.!. (7) -< ~ C_"'""" ",J, 'J ,~_ ~ _ ~ '.. , " , '-"'- ,-.> '-,.Wt, . '" ... ... CUMBERLAND PARTNERS, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOHN DAVID JUDSON and ELAINE L. JUDSON, his wife, Defendants NO. 01-3719 PRAECIPE (~ Please enter judgment by default in favor of the Plaintiff and against the Defendants in the above-captioned matter in the amount of $20,675.25, plus costs of suit and interest from the date of entry of judgment, all for failure of Defendants to file an Answer or otherwise to respond to Plaintiff's Complaint within the time period specified ~ the Pennsylvania Rules of civil Procedure. I 1h(-t11Joet. ~ ~ 217./ certify~that the otice regarding intention to file this Praecipe as attached hereto was mailed to the Defendants on July 20, 2001. Respectfully submitted, Date qW/OI By Esquire . D. #15859 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Plaintiff ^~. ~"^ "-.- ,~ ~" - "Mjj.l:f~k 1",'- ~ r "" CUMBERLAND PARTNERS, . Plaintiff v. IN THE COURT OF COMMON PLEAS CttMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN' DAVID JUDSON. and ELAINE L. JUDSON, his wife, Defendants NO. 0~-37~9 NOTICE OF INTENTION TO FILE DEFAULT JUDGMENT DATE OF NOTICE: July 20, 200~ TO: John D. Judson t/d/b/a The Post Office 5600 Carlisle Pike, Store No. 3 Mechanicsburg, PA 17055 IMPORTANT NOTICE .YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (~O) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY. BE ENTERED AGAINST YOU WITHOUT A HEARING AND . YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: DAUPHIN COUNTY LAWYER REFERRAL SERVICE 2~3 North Front Street Harrisburg, PA 17101 (717) 232-7536 MARTSOLF Date 7 jw/ Of By i F. Pa. Attorney .D. No. 15859 2515 North Front Street P.. O. Box ~2~06 Harrisburg, PA 17~08-2106 (717) 236-424~ 1:, Attorneys for Plaintiff ,-'" ,;. C,'>,,<;', ," ;,..' ,-. ~.v ,r,,;.," u:u-- , . --'11::::-: '" " ... CUMBERLAND PARTNERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOHN DAVID JUDSON and ELAINE L. JUDSON, his wife, Defendants NO. 01-3719 FECHA DE NOTICIA: July 20, 2001 A: John D. Judsont/d/b/a The Post Office 5600 Carlisle Pike, Store No. 3 Mechanicsburg, PA 17055 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDASREQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE. DIEZ (10) DIAS bESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE ,QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA, AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTEDDEBE LLEVAR ESTA-NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AUYDA LEGAL. 'DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 By Date '7 (YO/Oj MARTSOLF & F. Mart If Esquire Pa. Attorn y I.D. No. 15859 2515 North Front Street . P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Plaintiff : ;ij$J~WKf~~~~i""!i'-J~,kloft;!,;\j:ili.'t\@W.w\#I_''ff";,i~~Hf~1i~'~1~c;.,,,,4i;L~!-"V',,;;-gt,;:ct,4&.'i:l@'-~1l" 1l~liJlt , f AJQ ~ ~ ~7\ - it ($ .-- ~ - ~ ~ [;? ~ - (}J <}-J ~ - "3 ?:' F." +- ~ - n "..,-~? ''''~ "" _ __ ,~>. ~ ,..o>""",s~<,~,',",__LX,_, '.."" '" ~,~" o~, <,' ,,~.., ~, . .'" ~:u'_.. ,-" ~~ 1~~' ,_0" " .. ~_o' " C) 0 0 C " ;;;: ~ -~ U (-L rn n" cS T'l :J'J -:;.- ~'E,' ; "" r" i n L , CJ Ui f") >~(~ ~ ~ r:::: ~~:.: -r. ~:- ~:~B /" 0 Z () ("5 rn j-: ~, c: ~ "-'1 :z .". :::<i :0 -< ~.. ;; - ".~ .. .:,1 ,-"', ,~ , ;- -~; ..of ~~" .'-'; "~"~' ," '~ . .v'o-, ~ " CUMBERLAND PARTNERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOHN DAVID JUDSON and ELAINE L. JUDSON, his wife, Defendants NO. 01-3719 NOTICE OF ENTRY OF JUDGMENT BY DEFAULT TO: John David Judson and Elaine L. Judson, his wife, Defendants You are hereby notified that on a~Ux:~-c1d ' following Judgment has been entered aga' st you in captioned case: 2001, the the above- Principal $20,675.25 Total ............... Date~A- c4?r ~fkjl I hereby certify that the names and address of the proper persons to receive this Notice are: John David Judson and Elaine L. Judson 5600 Carlisle Pike, Store No. 4 Mechanicsburg, PA 17055 Date f/v v,/o / By F. R. Mar sol, Esquire Pa. Attorney .D. No. 15859 2515 North Fro t Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Plaintiff irl._:l~,~ . i ,n' , .1. , , '~,,~- ' ~ ,'- _, ;.,;, C " . ~ , A John David Judson and Elaine L. Judson, his wife, Defendido/a, Defendidos/as Por este medio se le esta notificando que el de del 2001, el/la siguiente Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. Principal........... $20,675.25 Total............... $20,675.25 Fecha: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: John David Judson and Elaine L. Judson 5600 carlisle Pike, Store No. 4 Mechanicsburg, PA 17055 MARTSOLF & Date rf vvf I By F. R. Marts If, Esquire Pa. Attorn I.. No. 15859 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Abogado del Demandante ~--"" -'<'i' , 1" ;-aiillll'~ ......- ~ ."..,..,'i,i....J "~I " '-~~ ,..:.; "lJ. ~ali:tJ--........",,,,, ' c .. " '" ~ CUMBERLAND PARTNERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOHN DAVID JUDSON and ELAINE L. JUDSON, his wife, Defendants NO. 01-3719 PRAECIPE {sAn. ~';h Please enter judgment by default in favor of the Plaintiff and against the Defendants in the above-captioned matter for possession of premises at 5600 Carlisle Pike, Store No.3, Mechanicsburg, PA 17055, all for failure of Defendants to file an Answer or otherwise to respond to Plaintiff's Complaint within the time period specified by the Pennsylvania Rules of civil Procedure. I certify/~~)J'~ that the Notice regarding intention to file this Praecipe as ~ attached hereto was mailed to the Defendants on July 20, 2001. Respectfully submitted, MARTSOLF Date r/vv If} I I . By F. . Mar sol, Esquire Pa. Atty. I.D. #15859 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 23,6-4241 Attorneys for Plaintiff d ,..," .- -L,,_ ~;,-r'>. "-; ~ " 1'nm'li-,\:;'; , .~ ( ,I .. ., - , CUMBERLAND PARTNERS, , plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW , v. JOHN DAVID JUDSON" and ELAINE L. JUDSON, his wife, Defendants NO. O~-37~9 NOTICE OF INTENTION TO FILE DEFAULT JUDGMENT DATE OF NOTICE: July 20, 2001' TO: John D. Judson,t/d/b/aThe Post Office 5600 Carlisle Pike, Store No.3 Mechanicshurg, PA 17055 IMPORTANT NOTICE "You ARE IN ,DEFAULT, BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS ,YOU ACT, WITHIN TEN {~O} DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY, BE ENTERED AGAINST YOU WITHOUT A HEARING AND , YOU MAY LOSE, YOUR 'PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO,ALAWYER ATONCE. IF YOU DO NOT HAVE A LAWYER OR Ci\NNOTAFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: bAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 ' MARTSOLF Date 7/JAJ!O( By i F. Pa. Attorney .D. No. 15859 2515 North Front Street P" O. Box ~2106 Harrisburg, PA 17108-2106 (717) 236-4241 .';, , Attorneys for PJ:aintiff . I, " "''.< L , "'-- -~~;i '. , ... ., r CUMBERLAND PARTNERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0~-3719' v. JOHN DAVID JUDSON and ELAINE L; JUDSON, his wife, Defendants FECHA DE NOTICIA: July 20, 2001 A: JohnD. Judsont/d/b/a The Post Office 5600 Carlisle Pike, Store No. 3 Mechanicsburg, PA 17055 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS .REQUERIDAS . RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA.DE ESTA NOTICIA, ES POSIBLE . QUE '. UN. FALLO SERIA REGISTRADO CONTRA USTED SIN UNA. AUDIENCIA Y USTED.. PODRIA PERDER SUPROPIEDAD 0 OTROS DERECHOS IMPORTANTES. . USTEDDEBE LLEVAR ESTA-NOTICIA A SU. ABOGADO EN SEGUIDA; SI USTEDNO ..TIENE ABOGADO 0 NO. TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA OLLAME A LAOFICINA ESCRITA ABAJO PARA.1WERIGUAR A DONnE USTED PUEDE OBTENER LA AUYDA LEGAL. 'DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 Date. . ,(/Xl /0/ MARTSOLF & By F. Mart lf Esquire Pa. Attorn y I.D..No. 15859 2515 North Front Street . P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 ' Attorneys for Plaintiff . ,~~;~~iiil:.~~.h~ifJIi~~jj[\~&~'~~&'e},,,,,'g;";d~.;c'1'!-.l->'&I~i,w,-i;J,<,,;~,:LljtMiil[jtjJ~' ,~,> ~~.::;- ,",""''-''';iY,,;;M -ilti'"'""'" '. ;"~~i:t,{j 0,' f' . ... z.. ~ () ~ j<::::. ~ ~ ~ - """"'- CJ1 <CI. q..) c::. \ -J ~ 6Z - 1--J -t:. $ "3 j 0 Cl h. C ,_J "'. " tJG~ :l~ -~'~ ~ Q.JQ~ ~~ '11 ~~: ,- ~..J , rn I",) ~ -' ,'-, T r.;:t: r,':::'J ~- .'----','~ , '-"" ~, J7 ';7l., 50 ~:-;.. (,; S 9 C) iT1 ,-..,,1 <'- ),. ~ f" :0 -< :~'-9,y ','k,,, ,-" ~ ~~ ""'"', ",.., _",'.'':'. __'~>'''''''P''''''''~~''''_' .'-.- ..__,'", ' ,,_,. ,,__,~~_" "l', . __ '_"'"," ,", /" '.' " ,_~,~~ ~~ ,~ ~ .,-_ .- '__." ,_ ,__ " ,. '_r" ~, '_'i, ',:_;:i, '-N_ -~"';",;' < , JOHN DAVID JUDSON and ELAINE L. JUDSON, his wife, Defendants NO. 01-3719 o c::, IN THE COURT OF COMMON g?LE1\."S CUMBERLAND COUNTY, P~YL~I~.~ -;-/,'1 ...""") .,=--:, Z;:'=- ;'-..J __.'-n CIVIL ACTION - LAW en 2; ,,,c 'yo -< L_ :~", c) ~::-) ~:> ,'-n z<..) --'- :;;2 5 ~ ~) ~,~(") ;'=~rn ~;~ 5J -< CUMBERLAND PARTNERS, Plaintiff v. NOTICE OF ENTRY OF JUDGMENT BY DEFAULT TO: John David Judson and Elaine L. Judson, his wife, Defendants You are hereby notified that on ~/1 ~ *" ~, following Judgment has been entered agai t you in captioned case: 2001, the the above- For possession df premises at 5600 Carlisle Store No.3, Mechanicsburg, PA 17055; and Me i/;,iud 2<<, a:f21 (!,4, Prot onota Pike, I hereby certify that the names and address of the proper persons to receive this Notice are: John David Judson and Elaine L. Judson 5600 Carlisle Pike, Store No. 4 Mechanicsburg, PA 17055 Date !/1fr/O/ sol , Esquire Pa. Atto ney I.D. No. 15859 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 By Attorneys for Plaintiff ";; ,,"~~~. "~ ,. ~ ~~ = ',- "-, ~ ';' , , - '~ .' l.. "--~- "' );;';i . " jJ.. .... c A John David Judson and Elaine L. Judson, his wife, Defendido/a, Defendidos/as Por este medio se le esta notificando que el de del 2001, el/la siguiente Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. For possession of premises at 5600 Carlisle Pike, Store No.3, Mechanicsburg, PA 17055; and Fecha: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: John David Judson and Elaine L. Judson 5600 Carlisle Pike, Store No. 4 Mechanicsburg, PA 17055 Date ~~7//0( By F. R. Marts If, Esquire Pa. Attorn I . No. 15859 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Abogado del Demandante ", ~~im$.mJ_~l~d~)jilliITR"-jiHi--Mi~~~~.J,i~_~,j\>,*,;,}"ffi',S~,,-,,c',&k;-i---',~'"~_"'-" hH,t;i>B~'c;w_"m,"~~~--';' ;:liw-tilt'~' ~""'.~!~~"'~ ~;..lt; S,~!;,<: ~.i_ I ;'<'''"t_",,,,",,,,,.~, .~ '>- iT, <i.. () I~ b; J'- :~~ ....:r. t):::;..:;; ':);f~ (",.:J ~;; >- "-PU) "':"'12 -'~ ',-'-/~ ~.lH.LI .;qn... ~ -" () 5 ~,2 ('-,I ('..i S2 ~ .a: C.:J ~, ~~ ~,_,~,~",..'~ ',M ~._""",,""'_"''''.)I'_,.-'_' ,~__"'____ '~,",,"-.>> ~= ~, ,,^,,' ,'" ^ ~ ,,~ '" ~ -= ." ~t~'''''"l~rri' - u .:' J