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HomeMy WebLinkAbout01-04704 HARRY G. LINAH, JR., Plaintiff v. TELEHUBLINK CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ©/-y7oy CIVIL 2001 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, 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 defenses er 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 OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (800)990-9108 P. ~~ Richard P. Mislitsky, Esquire Attorney ID #28123 One West High Street P. O. Box 1290 Cazlisle, PA 17013 (717)241-6363 HARRY G. LINAH, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. TELEHUBLINK CORPORATION, Defendant NO. o1-y70y CIVIL 2001 COMPLAINT IN ASSUMPSIT AND NOW, comes the Plaintiff, Hazry G. Linah, Jr., by and through his Attorney, Richard P. Mislitsky, Esquire, and in support of this Complaint avers as follows: 1. The Plaintiff, Harry G. Linah, Jr., (hereinafter "Lessor) is an adult individual with a business address of 1104 Trindle Road, Carlisle, Cumberland County, Pennsylvania. At all times material hereto Plaintiff was the owner of the premises known as Suites 104 and 105, One Valley Street Cazlisle, Cumberland County, Pennsylvania. 2. The Defendant, TeleHubLink Corporation, is believed and therefore averred to be a Delaware Corporation with its principle place of business at One Technology Drive, Suite 135, Andover, Massachusetts. 3. In addition to the averment in pazagraph 2, Defendant does business in Pennsylvania through one of its Vice-Presidents, Randall K. Nichols, with an address of 131 Richland Road, Carlisle, Cumberland County, Pennsylvania 17013. On or about July 1, 2000 Lessor and Lessee entered into a written Lease Agreement for the premises, consisting of 1,500 squaze feet and known as Suite 105, One Valley Street, Carlisle, Pennsylvania (hereinafter referred to as "Suite 105"). A copy of said written Lease is attached hereto and mazked Exhibit "A". 5. At about the same time and commencing at the same time, July 1, 2000, Lessor and Lessee entered into a written Lease Agreement for the premises, consisting of 2,000 squaze feet, and known as Suite 104, One Valley Street, Carlisle, Pennsylvania (hereinafter referred to as "Suite 104"). A copy of the written Lease Agreement is attached hereto and marked Exhibit «B„ 6. Prior to occupancy by Lessee, Lessor caused and allowed said suites to be customized to the specifications of the Lessee including, but not limited to, the floor plan (layout) of the premises, the location of the internal walls, size of cubicles and offices, the location and type of utility service, and the like. For reasons hereinafter set forth, the customization set forth in the preceding pazagraph has resulted in damages to the Lessor and has prevented Lessor from subleasing or re- renting said suites. 8. Pursuant to the Lease Agreement, Lessee occupied, used and rented both suites and paid rent to Lessor beginning on July 1, 2000. The term of the Lease was three yeazs ending June 30, 2003, with annual increases in rent. 9. Lessee continued to occupy and pay rent to Lessor until Lessee, without prior notice to Lessor, vacated both suites in November 2000. 10. On or about December 21, 2000, Lessor and Lessee, by correspondence dated December 21, 2000, reaffirmed, among other things set forth in said document, Lessee's obligations under the Lease including the Lessee's continued obligation to pay the agreed upon monthly rent. 11. Lessee continued to pay the monthly rental on both suites to Lessor until June 2001 when Lessee ceased paying said rent. 12. Despite repeated requests for payment and despite written notice of default from Lessor to Lessee, Lessee has refused to pay monthly rent and other chazges due and owing to Lessor from Lessee. A copy of Lessor's written notice(s) is attached hereto and collectively mazked Exhibit "C". 13. Lessee is in default under the terms of the Lease Agreements applicable to Suites 104 and 105. 14. As a result of Lesse's default, abandonment and non-payment of rent, the Lessor has sustained damages and losses as herein set forth: a. SUITE 105 June rent 1062.50 5% late charge 53.13 July rent 1187.50 5% late chazge 59.38 August rent 1187.50 5% late charge 59.38 b. SUITE 104 June rent 1500.00 5% late chazge 75.00 July rent 1666.67 5% late chazge 83.33 August rent 1666.67 5% late charge 83.33 15. Pursuant to pazagraph 24 of said Leases, in addition to the damages and losses set forth in the preceding pazagraph, Lessor is entitled to receive and Lessee is obligated to pay 1 '/z % interest on all monthly rent 15 days past due. Lessee has refused to pay past due rent and has refused to pay any future rent. Lessor cannot specify the interest due and owing in that said interest continues to accumulate on unpaid rent for both Suites 104 and 105. Lessor's damages aze therefore continuing. 16. In addition to the averments set forth in the preceding pazagraphs hereof, and pursuant to pazagraph 24 of both Lease Agreements, the entire rent reserved for the full term of each Lease has become due and owing and has heretofore been, and herein is demanded. 17. The entire rent reserved for Suite 105, beginning with the rent past due on June 1, 2001 through the end of the Lease terms on June 30, 2003 is as follows: June 2001 1,062.50 July 1 to June 30, 2002 14,250.00 July 1 to June 30, 2003 15,750.00 TOTAL 31,062.50 18. In addition to the total figure 31,062.50 for Suite 105, Lessor is entitled to receive and Lessee obligated to pay a 5% late chazge per month and 1 '/z % interest per month for each month until Lessee pays the indebtedness or the term of the Lease expires on June 30, 2003. 19. The entire rent reserved for Suite 104, beginning with the rent past due on June 1, 2001 through the end of the Lease terms on June 30, 2003 is as follows: June 2001 1,500.00 July 1 to June 30, 2002 20,000.00 July 1 to June 30, 2003 22,000.00 TOTAL 43,500.00 20. In addition to the total figure 43,500.00 for Suite 104, Lessor is entitled to receive and Lessee obligated to pay a 5% late charge per month and 1 `/z % interest per month for each month until Lessee pays the indebtedness or the term of the Lease expires on June 30, 2003. 21. In addition, as referred to in pazagraphs 7 and 8 hereof, Plaintiff/Lessor will suffer and incur damages and other losses in order to remove and replace the customized interior space as set forth in the aforesaid pazagraphs. Lessor's damages and other losses cannot be ascertained or specified at this time. 22. Plaintiff/Lessor has satisfied all conditions precedent and is not precluded from taking legal action to collect damages, chazges, fees and other losses arising from Lessee's breach of both the aforementioned Lease Agreements. 23. While there is no duty to mitigate damages under a Commercial Lease Agreement, Lessor has, at all times material hereto, attempted to sublease or re-rent both properties but has been unable to do so due to Lessee's customization of said suites. WHEREFORE, Plaintiff demands judgment against the Defendant as follows: I. In the amount of 74,562.50 representing the amount due under the Lease Agreements from June 1, 2001 to June 30, 2003; ,,~,~ . II. In the amount of 413.55 representing late fees on past due rent from June 1 to August 1, 2001; III. Interest of 1 '/z % per month from June 15, 2001 until Defendant pays the rent due the Plaintiff; IV. Late charges of 5% on each month of unpaid rent until Defendant pays the rent due the Plaintiff; V. An as yet to be determined sum to be incurred by the Plaintiff to re-design both rental suites. Respectfully submitted, Date: ~I7 ~ ~ ~ I " Y ° I Richard P. Mislitsky, Esquire Attorney ID #28123 One West High Street P. O. Box 1290 Carlisle, PA 17013 (717)241-6363 Attorney for Plaintiff biN~,ll~ISP~N~~ Al~sd' ~ ~'v v . ~C) Iii ltil~~. i ~s '. ~~"iR'e4:x +FSN~'~§'^a'~ ~'a5^,.r~+f~:~~~"~+ikT~'i.,~.~5`~d's3'-Xvki~. VEIZII'ICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: J , ~ YG.L LEASE TffiS AGREEMENT, made this day of , 2000, by and between Harry G. Linah, Jr., of South Middleton Township, Cumberland County, Pennsylvania, hereinafter called "LESSOR", and TeleHubLink Corporation, with its principal place of business located at 24 New England Executive Park, Burlington, MA 01803, hereinafter called "LESSEE", WITNESSETH: The Lessor, in consideration of the rents, conditions and covenants hereinafter mentioned does demise and lease unto the Lessee, the premises situate in South Middleton Township, Cumberland County, Pennsylvania, being a 1500 square foot azea consisting of a portion of the building known and numbered as 1 Valley Street, Suite 105, Cazlisle, Pennsylvania, to have and to hold for the term of thirty-six (36) months, beginning on the 1st day of July, 2000 and ending on the 30th day of June, 2003. The Lessee agrees to pay the Lessor for the use and occupancy of said premises and for the use of parking spaces to be designated by Lessor located on said premises, (more fully discussed in Paragraph Four of this Agreement) a total rental of at least Forty-two Thousand Seven Hundred Fifty and 00/100 ($42,750.00) Dollars, specified in Paragraph 17, plus any additional rent due and owing occasioned by a change hereinafter specified in Pazagraph 18 due to any adjustments in the monthly rental, all afwhich rent shall be payable in monthly payments as follows: Lessee shall pay to Lessor the sum of $1,062.50 a month rent beginning July 1, 2000 or upon the execution of this lease, whichever shall first occur, in advance on or before the first day of each month during the teen of this Lease. The Lessee's rent in the second year of this lease would increase to $1,187.50 payable monthly. The Lessee's rent in the third year of this lease would increase to $1,312.50 payable monthly. Upon execution of this lease a security deposit in the amount of $1,062.50, shall be paid by Lessee to Lessor receipt of which is acknowledged. Upon execution of this Lease, lessee shall pay to Lessor the first month's rental payment. All or a portion of the Security Deposit shall be retained by Lessor on account of damages to the premises and any balance or remainder of such deposit due to Lessee shall be returned to Lessee by Lessor in accord with the laws of the Commonwealth of Pennsylvania upon the termination of this lease and vacation of the premises by Lessee in accord with law. Nevertheless, no interest shall be imputed or credited to Lessee on account of the security deposit. Lessee specifically waives any such credit or accounting. The security deposit may not be used by Lessee to offset rent, but may be credited to Lessor as Lessor's sole option on acwunt of rent if rent is due and owing at the end of this lease. As a fiuther consideration for the use and occupancy of said premises the Lessee agrees to faithfully keep and be bound by the following covenants, conditions and agreements, to wit: 1. The premises shall be used for a professional office space and related activities facility only and for no other use without the prior written consent of the Lessor, such consent not to be unreasonably withheld and upon use for any purpose not approved by the Lessor. this Lease shall terminate and the entire rent reserved for the full term of this Lease remaining unpaid shall become due and payable at once, unless the use of the premises is corrected within the grace period specified in Article 20 of this Lease. 2. The Lessee shall not transfer, assign or sublet the premises or any part thereof without the prior written consent of the Lessor unless such sublease is extended to a subsidiary or division of Lessee engaged in substantially the same business as Lessee. Prior written consent will not be unreasonably withheld by Lessor in favor of Lessee. 3. No sign, plaque, advertisement or notice shall be inscribed, painted, erected or affixed on or to any part of the outside of the demised premises unless same shall be first approved by the Lessor, including the type of sigq plaque, advertisement or notice and the location thereof. Such approval not to be unreasonably withheld. Any and all municipal approvals for such signs shall be obtained by Lessee at Lessee's sole expense. 4. Included in the lease and referred to in Paragraph One at no additional rental the Lessee shall have the right to pazk automobiles in the front pazking area of the building. In the event that the Lessee should be permitted to sublet a portion of said premises, with the written consent of the Lessor as provided for in this lease, no additional pazking space shall be provided for the sub-tenant. All pazking shall be subject to the reasonable rules, regulations and controls of the Lessor in order that the entire parking lot may work smoothly and efficiently and may be changed at any time by the Lessor. 5. The premises aze to be kept and maintained in as good repair and condition as at present, and at the expiration or termination of this Lease, they are to be surrendered in like repay and condition, reasonable wear and tear, natural weaz, and damages happening by storm and other casualties caused by nature excepted. In the event that the premises are not in such repair and condition, the Lessor may, at it option, restore the premises to such repair and condition. The costs of such restoration shall be paid by the Lessee as additional rent due and owing under this Lease. 6. The Lessee will pay for twerrty (20 %) percent of the water and sewer consumed at the entire building and any other utilities for the use of the Lessee shall be sepazately metered. Trash removal for the Lessee shall be provided by the Lessee. 7. The premises aze to be kept in a clean and sanitary condition, and the Lessor shall not be required to firrnish any janitorial service. 8. Nothing shall be done upon the premises corrtrary to the conditions of the policies of insurance upon the building whereby the hazard may be increased or the insurance invalidated. The interrtion ofthe parties is that Lessee is not to engage in hazardous or dangerous activities which would cause the above conditions to occur. 9. The Lessee shall not make any alterations, additions or improvemems without Lessor's prior written consent and all alterations; additions, or improvements made by either of the parties hereto upon the premises, except movable and detachable office furnishings and equipment put in at Lessee's expense, shall be the property of the Lessor and shall remain upon and be surrendered with the premises, as a part thereof, at the temtination of this Lease without molestation or injury. 10. Lessor will supply electrical services, including necessary meters, to a point within Lessee's premises where Lessee's hookups can be made. Lessee shall clean and maintain rest room facilities for the use of Lessee and its invitees. 11. The cost to remove, remediate or encapsulate if permitted by code, any hazardous or toxic material which may now exist on or about the premises or be brought on to the property by Lessor, its agents, employees, contractors or invitees are Lessor's responsibility. Any hazardous or toxic material brought to the premises by Lessee, its agents, employees, contractors or invitees shall be the responsibility of Lessee and Lessee covenants not to knowingly do so or permit same. Lessor represents and warrants to Lessee that as of the commencement date and to the best of Lessor's knowledge there are no hazardous substances on the premises. Lessor has received no notice from any governmental or private entity relating to hazardous substances on the premises. Lessee shall promptly deliver to Lessor copies of all notices made by Lessee to, or received by Lessee from any state, county, municipal or other agency having authority to enforce any environmental law ("Enforcemer Agency") or from the United States Occupational Safety and Health Administration concerning environmental matters or hazazdous substances at the premises. Lessor shall promptly deliver to Lessee copies of all notices received by Lessor from any Enforcement Agency or from United States Occupational Safety and Heahh Administration concerning environmental matters or hazardous substances at the premises. Lessor shall indemnify and hold harmless Lessee from and against any and all claims, liabilities, penalties, fines, judgments, forfeitures, losses, costs (including clean-up costs) or expenses (including attorney's fees, consultant's fees and expert's fees) for the death of or injury to any person or damage to any property whatsoever, arising from or caused in whole or in part, directly or indirectly, by (a) the presence prior to the commencement date in, on, under, or about the premises of any hazardous substances; (b) any discharge or release prior to the commencement date in or from the premises of any hazardous substances; (c) the use, storage, transportation, generation, disposal, release or dischazge of hazardous substances by Lessor or Lessor's prior lessee(s) prior to the commencement date, to, in, on, under, about or from the premises; (d) Lessor's failure prior to the commencement date to comply with any environmental law; or (e) any hazazdous substances to the extent not due to any act or omission of Lessee or its agents, servants, employees, guest, invitees and/or independent contractors. ,N 12. Lessor will conform with all applicable laws and regulations concerning the exterior of the building and perform any work in the interior of the building that maybe required by applicable laws and regulations. 13. Lessor will maintain fire and other casuahy insurance on the building but does not assume the risk for the liabilities and contents of Lessee which are mentioned as the items to be insured against elsewhere in this Lease Agreement. 14. Lessor will maimain the grounds and pazking lot of the building, including lawn caze and prompt snow removal in accord with reasonable practices and schedules. 15. Lessee intends to use existing common sign structure upon which Lessee shall be identified in the same manner as other tenants and Lessor agrees that Lessee shall have adequate identification of his business which signs shall permit adequate identification of the Lessee's business in accord with any approvals and ordinances of South Middleton Township. 16. Lessee shalt give Lessor prompt written notice of any accidents to, or defects in, the water pipes, electrical wiring, heating and air conditioning appazatus, or any other defects which may cause damage to the interior or exterior of the premises. If such notice is given to the Lessor by the Lessee, the Lessor shall be responsible for correcting and repairing same, including any damages which may have been caused to the interior walls, floors and ceilings. The Lessee, however, shall be responsible for replacing electric light bulbs, outside glass which has been broken from the inside or outside, and any damage caused by any equipment which Lessee may install or by any damages due to renovations of the premises accomplished by Lessee after the initial renovations aze done by the Lessor in accord with Schedule A. No dirt, refuse or any other substance shall be thrown or left lying on, in and around the premises. 17. At the end of each twelve (12) months of this Lease, rent shall be recalculated and increased to reflect an increase. After the first year of this lease, this computation and rental adjustment and increased rental due by Lessee to Lessor shall be made on an annum basis for the duration of the Lease term and any holdover period or tenancy in accord with paragraph 18 of this Lease. The Lessee's rent in the second year of this lease would increase to $1,187.50 payable monthly; the third years rent would increase to $1,312.50 payable monthly. 18. Any holding over by Lessee beyond the term of this Lease may, at the option of the Lessor, be deemed to be a renewal of this Lease for a period of one year on like terms and conditions, unless otherwise mutually agreed upon, except that rent shall increase by ten percent over and above the then current monthly rental payment. Said rent shall increase by ten percent annually for each hold over year of said lease. 19. No' showcase, sign or hanging or protruding sign or permanent obstruction of any kind shall be kept or maintained by the Lessee in front of the premises, without the express written consent of the Lessor, same to be used only for the purpose of ingress and regress to the premises. 20. All rent paid hereunder shall be paid by check or otherwise to the order of FIarry G. Linah, Jr., and delivered or mailed to an address to be specified by Lessors upon execution of this lease, or such other person or place as maybe duetted by the Lessor. All notices given in accordance with this Lease shall be made in writing and mailed to the Lessor and/or Lessee at their respective addresses specified in the Exhibit "B" attached to and made a part of this lease or such other person or place as may be directed by the parties. 21. The Lessor expressly reserves the right to enter upon the premises at reasonable times and upon reasonable advance notice to Lessee if practicable, for emergency purposes or to show the same to prospective purchasers or tenants and may display "For ~.~ , . Rent" or "For Sale" signs thereon. Lessee shall have the option of having an agent or employee present upon all such entries by Lessor. Notwithstanding this provision for notice to Lessee, Landlord shall have a right to enter the premises in emergency situations without prior notice to Lessee. 22. As between the Lessor and the Lessee, Lessor shall be liable for any damages or injuries to any person or property at any time during the term set forth herein which occurs outside of said premises, except to the extent caused by the negligence or willful misconduct of Lessee, its agents, servants, and employees and Lessor agrees to indemnify Lessee as to liability for damages or injuries to any person or property which occurs outside of said premises and arising from the negligem acts or willful misconduct acts of its agents, servants and employees which occur upon the Lessee's premises . Lessee shall be liable for any damages or injuries to any person or property at any time during the term set forth herein which occurs inside said premises and Lessee hereby agrees to indemnify and save harmless the Lessor from such liability, except as such as may be caused by an Act of God or the failure of the portion of the structure or any equipment for which the Lessor has maintenance responsibility or was caused through Lessor's own acts. The Lessee shall maintain hability insurance in the amount of $1,000,000.00 for personal injury and $1.000.000.00 for property damage for each occurrence on said premises. 23. In the event that the premises is totally destroyed or so damaged by fire or other casualty not occurring through fault or negligence of the Lessee or those employed by or acting for it, that the same cannot be repaired or restored within a reasonable time, this Lease shall absolutely cease and determine, and the rent shall abate for the balance of the term. If the damage caused as above be only partial and such that the premises can be restored to its prior condition within a reasonable time, the Lessor may, at its option, restore the same with reasonable promptness, reserving the right to enter upon the premises for that purpose. The Lessor also reserves the right to enter upon the premises whenever necessary to repair damage caused by fire or other casualty to the building of which the premises is a part, even though the effect of such entry be to render the premises or a part thereof untenantable, Lessor shall use best effort to avoid disturbing Lessee's business or use of said premises. In either event the rent shall be apportioned and suspended during the time the Lessor is in possession, taking into account the proportion of the premises rendered untenantable and the duration of the Lessor's possession. Notwithstanding the foregoing, if Lessor shall fail to repair and restore the premises within 120 days from the date of the damages or destruction, Lessee may terminate this Lease and rent shall abate from the date of the damage or destruction through the end of the term. 24. If default shall be made in the payment of any rent after the same becomes due for more than ten days a late charge of five per cent (5%) of the unpaid rent shall be due and owing by Lessee to Lessor in addition to the unpaid rent or portion thereof and if after fifteen (1 S) days, such rent or portion thereof is unpaid, interest shall accrue on the unpaid sums of money due and owing to Lessor by Lessee at the rate of one and one half per cent (1.5%) per month on the outstanding balance until said amounts due and owing are paid in full and if within thirty (30) days of the date of written notice thereof given by the Lessor to the Lessee by ordinary mail, the rent is not paid, or in case of a breach or evasion or any attempt to break or evade any of the covenants or conditions of this Lease, the entire rent reserved for the full term of this Lease shall become due and payable at once and may forthwith be collected by distress or otherwise, and at the same time the Lessor may forfeit and annul the unexpired portion of the Lease and enter upon and repossess the said premises with or without process of law and without giving any notice whatsoever, and if the Lessee shall become insolvent, make an assignment for the benefit of creditors, commit any act of ~~. ~~~~> bankruptcy, or file a volumary petition in bankruptcy, or any involuntary petition in bankruptcy be filed against said Lessee, all the rent reserved for the full term of this Lease shall become due and collectible immediately by distress or otherwise. 25. Tlris Lease shall be binding upon the executors, administrators, heirs successors and assigns of the parties hereto and will survive any transfer of ownership of either the property or of the Lessee. .,r, IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have duly executed this Agreement the day and year first above written. EXI~IIBIT "B" All notices to Lessor together with all rental payments shall be presented to Lessor at the following address until a new mailing address is provided by Lessor to Lessee: Hazry G. Linah, Jr., 1104 Trindle Road Cazlisle, PA 17013 All notices to Lessee shall be presented to Lessee at the following address until a new mailing address is provided by Lessee to Lessor: TeleHubLink Corporation 24 New England Executive Park Burlington, ]14A 01803 LEASE TffiS AG1tEEMEN'1', made this day of , 2000, by and between Harry G. Limb, Jr., of South 1~zddleton Township, Cumberland County, Pennsylvania, hereinafter called "T,ESSOR", and TelelrIubJ.ink Corporation, with its pxincapal place of business located at 24 New England Facecutive Park, Burlington, MA 01803, hereinafter called "LESSEE", WITNESSETH: The Lessor, in consideration of the rents, conditions and covenants hereinafter mentioned does demise and lease unto the Lessee, the premises situate in South Middleton Township, Cumberland County, Pennsylvania, being a 2000 square foot area consistuig of a portion of the building lmown and numbered as l Valley Street, Suite 104, Carlisle, Pennsylvania, io have and to hold for the term of thirty-six (36) months, begiorring on the l st day of July, 2000 and ending on the 30th day of June, 2003. The Lessee agrees to pay the lessor for the use and occupancy of said premises and for the use of parking spaces to be designated by Lessor located on said premises, (more fully discussed in Paragraph Four of this .Agreement) a total rental of at least Sixty Thousand and 001100 ($60,000.00) l7ollats, speci&ed im Paragraph l 7, plus any additional rent due and owing occasioned by a change hereinafter speci5ed in Paragraph 18 due to any adjustments in the momitly rental, all of which rem shaIl be payable in monthly payments as fonows: Lessee shall pay to Lessor the sum of $1,500.00 a month rent bes~'nning 7uly I, 2000 or upon the execution of this lease, whichever shall first occur, in advance on or before the first Yday of each month during the term of this Lease. The Lessee's rent in the second year of this lease would increase to $1,666.67 payable monthly, The Lessee's rern in the third year of this lease would increase to $ I,833.33 payable monthly. Upon exec~rtion of this lease a 5ectu'ity deposit in the amount of S 1,Sp0.00, shall be paid by Lessee to Lessor receipt of which is acknowledged, Upon execution of this Lease, lessee shall pay to Lessor the first month's rental paymem_ All or a portion of the Security Depp~t shall be retained by Lessor on accoum of damages to the premises and any balance or remainder of such deposit due to Lessee shall be returned to Lessee by Lessor in accord with the Iaws of the Commom~veaIth of Pennsylvania upon the termination of this Iease and vacation of the premises by Lessee in accord with law. Nevertheless, no ;merest shall be imputed or credited to Lessee on accoum of the security deposit, Lessee specifically waives any such credit or accounting. The security deposit may not be used by Lessee to offset rertt, but utay be credited to Lessor as Lessor's sole option on accoum of rent if rent is due and owing at the end ofthis lease. As a further consideration for the use and occupancy of said premises the Lessee agrees to faithfully keep and be bound by the following covenants, conditions and agreements, to wit: I. The premises shall be used for a professional office space and related activities facility only and for no other use without the prior written consent of the Lessor, such consent not to be unreasonably withheld and upon use for any purpose not approved by the Lessor, this Lease shall temainate and the emire rem reserved for rim full term of this Lease remaining unpaid shall became due and payable at once, unless the use of the premises is corrected within the grace period specified ur Article 20 of this Lease. 2. The Lessee shall not transfer, assign or sublet the premises or any part thereof without the prior writtan consent of the Lessor unless such sublease is extended to a subsidiary or division o€Lessee engaged in substarnialiy the same business as Lessee. Prior written consent will not be unreasonably withheld by Lessor in favor of Lessee. 3. No sign, plaque, advertisement or notice shall be insonbed, painted, erected ar affixed on or to any part of the outside of the demised premises unless same shall be first approved by the Lessor, including the type of sign, plaque, advertisemeat ar notice aad the Iocatioa thereof Such approval not to be unreasonably withheld. Any and all municipal approvals for such signs shall be obtained by Lessee at Lessee's sole expense. 4. Included in the lease and referred to in Paragraph One at ao additional rental the Lessee shaII have the right to park automobiles in the from parkin area of the bu~lding_ Ia the event that the Lessee should be permitted to sublet a portion of said premises, with the written canseut of the Lessor as provided for in this Iease, no additional parking space shall be provided for the sub-tenant. All parking shall be subject to the reasonable rules, regulations aad camrols of the Lessor in order that the emite parking lot may work smoothly and eiliciently and may be changed az any tune by the Lessor. 5. The premises are to be kept and maintained is as good repair and conditon as at present, and at the expiration or termination of this Lease, they are to be surrendered in like repair and condition, reasonable wear and tear, natural wear, and damages happening by storm and other casualties caused by nature excepted. In the event that the premises are not in such repair and condition, the Lessor may, at it option, restore the premises to such repair and condition. The costs of such restoration shall be paid by the Lessee as additional rent due and owing under this Lease. 6. The Lessee w~71 pay for twenty (20 %) percent of the water and sewer consumed at the entire building and any other utilities for the use ofthe Lessee shall be separately metered. Trash remove! for the Lessee shat( be provided by the Lessee. 7. The premises are to be kept in a clean and sanitary condition, and the Lessor shall not be required to furnish any janitorial service. 8. Nothing shall be dorm upon the premises contrary to ttte conditions of the policies of insurance upon the bra7drng whereby the hazard may be increased or the insurance invalidated. 'The irxtention of the parties is that Lessee is not to engage in hazardous or dangerous activities which would cause the above conditions to occur. 9. The Lessee shall not make any alterations, additions or improvements without Lessor's prior written consent and all alterations, additions, or improvements made by either of the parties hereto upon the premises, except movable aad detachable office fuxnishiags and equipmem. put is at Lessee's expense, shall be the property of the Lessor and shall remain upon and be sumrrdered whit the premises, as a part thereof; at the termi~oation of this Lease without molestation or injury. I0. Lessor will supply electrical services, including necessary meters, to a point within Lessee's premises where Lessee's hookups can be made. Lessee shall clean and maii+ta;n rest room facilities for the use gflressee and its invitees. 1 I . The cost to remove, remediate or encapsulate if permitted by code, any hazardous or toxic material which tray now exist on or about the premises or be brought on to the property by Lessor, its agents, employees, contractors or im~itees are Lessor's responsibility. Any hazardous or toaac material brought to the premises by Lessee, its agents, employees, contractors or invitees shall be the respansibility of Lessee and Lessee covenants not to knowingly do so or permit same. Lessor represents and wazrants to Lessee that as of the commencement date and to the best of Lessor's knowledge there are no hazardous substances on the premises. Lessor has received no notice from nay governmental or private entity relating to hazardous substances on the premises. Lessee shall promptly deliver to Lessor copies of all notices made by Lessee to, or received by Lessee from ally state, county, nauniapal or other agency having authority to enforce ally environmental law ("Enforcement Agency") or from the United States Occupational Safety and Heahh Administration conc~ing environmental matters or hazardous substances at the premises. Lessor shall promptly deliver to Lessee copies of all notices received by Lessor from any Enforcemett Agency or from United States Occupational Safety and Health Administration conoeming environmental matters or hazardous substances at the premises. Lessor shall indemnify and hold harmless Lessee from and against any and all claims, liabilities, penahies, 5nes, judgments, forfeitures, losses, costs (including clean-up costs) or expenses (ncluding attorney's fees, consultant's fees and expert's fees) for the death of or injury to any person or damage to atry property whatsoever, arising from or caused in whole or in park, directly or indirectly, by (a) the presence prior to the commencement date in, on, under, or about the premises of any hazardous substances; (b) any discharge or release prior to the commencement date in or from the premises of arty hazardous substances; (c) the use, storage, transportation, generation, disposal, release or discharge of hazardous substances by Lessor or Lessors prior lessee(s) prior to the commencement date, to, in, on, under, about or from the pretenses; (d) Lessor's failure prior to the comnteucement date to comply with any ettvirornnental law; or {e) arty hazardous substances to the extent not due to any act or omission of Lessee or its agents, servants, employees, guest, invitees and/or independent contractor. i2. Lessor will conform with all applicable laws and regulations concerning the exterior of the building and perform amp work in the interior of the building that maybe required by agplicable laws and regulations. 13. Lessor will maintain fire and other casualty insurance oa the building but does not assume the risk for the liabilities and cornents of Lessee which aze mentioned as the items to be insured against elsewhere in this Lease Agreemem. 14. Lessor will maimain the grounds and parking lot of the building, induding lawn care and prompt snow removal in accord with reasonable practices and schedules. l5. Leases intends to use existing common sign structure upon which Lessee shall be identified in the same marroer as other tenams anal Lessor agrees that Lessee shall have adequate identification of his bu~ness which signs shaIl permit adequate ideruiscation of the Lessee's business in accord with a~ approvals and ordinances of South Middleton Township. l6. Lessee shall give Lessor prompt written notice of any acciderns to, or defects iri, the water pipes, electrical wiring, heating and air conditioning apparatus, or any other defects which may caztse damage to the irnerior or exterior of the premises. Tf such notice is given to the Lessor by the Lessee, the Lessor shall be responsible for correcting and repairing same, including arty damages which tlnay Gave been caused to the interior walls, floors and ceilings. The Lessee, however, shall be responsible for replacing electric light bulbs, outside glass which has been broken from the inside or outside, and any damage caused by any equipment which Lessee may instatl or by any damages due to renovations of the gremises accomplished by Lessee after the initial renovations are done by the Lessor in accord with Schedule A No dirt, refuse or any other substance shall be thrown or left Iying on, in and around the premises. 17. At the end of each twelve (12) months of this Lease, rent shall be recalculated and increased to reflect an ituxease. Auer tine first year of this tease, this computation and rental adjustment and increased rental due by Lessee to Lessor shall be made on an amn,al basis for the duration of the Lease term and anry holdover period or tenancy in accord with paragraph 18 of this lease. The Lessee's rem in the second year of this lease would increase to $I,6S6.67 payable monthly; the third years tent would increase to $1,833.33 payable monthly. I8. ,Any holding over by Lessee beyond the term afthis Lease may, at the option of the Lessor, be deemed to be a renewal of this Lease for a period of one year on h7ce terms and coalitions, unless otherwise mutually agreed upon, except that rent shall increase by ten percent over and above the they current monthly rental payment. Said rent shall increase by ten percent annually for each hold over year of said lease. 19. No showcase, sign or hanging or protruding srgn or permanent obstruction of any kind shall be kept or maintained by the Lessee in front of the premises, without the express written consent of the Lessor, same to be used only for the purpose of ingress and regress to the premises. 20, Alt rent paid hereunder shall be paid by check or otherwise to the order of Hazry G. Linah, 7r., and delivered or mailed to an address to be speafied by Lessors upon execution of this lease, or such other person or place as may be directed by the Lessor. All notices given in accordance with this Lease shall be made in writing and mailed to the Lessor and/or Lessee at their respective addresses specified in the Exhibit 'B" attached to and made apart of this lease or such other person or place as may be directed by the parties. 21, The Lessor expressly reserves the rigtzt to enter upon the premises at reasonable times and upon reasonable advance notice to Lessee if practicable, for emergency purposes or to show the same to prospective purchasers or tenants and may display "For -,,~ ,, Rent" or "For Sale" signs thereon. Lessee shall have the option of having an agent or employee present upon all such emries by Lessor. Notwithstanding this provision for notice to Lessee, Landlord shall have a right to enter the prenises iB emergency situations without prior notice to Lessee. 22. As between ffie Lessor and the Lessee, Lessor shall be liable for any damages or injuries to any person or property at any time during the term set forth herein whicb occurs outside of said premises, except to the extent caused by the negligence ar willful misconduct of Lessee, its agents, servants, and employees and Lessor agrees to 9nderrurify Lessee as to liability for damages or injuries to any person or property which occurs outside of said premises and arising from the negligent acts or willful misconduct acts of its agents, servants and employees which, occur upon the Lessee's premises . Lessee shall be liable for nay dantages or irgunes to a~ person or pmpezty at arty faire daring the term set forth herein which occurs inside said premises and Lessee hereby agrees to indemnify and save harmless the Lessor from such'liability, accept as such as maybe caused by an acct of C}od or the failure of the portion of the structure ar any equipment for which the Lessor has urairnenance responsibility or was caused through Lessor's own aces. The Lessee shall maintain fiabiiity insurance in the amouxxt of $1,000,000.00 for personal injury and $1.000.000.00 fox property damage for each occurrence on said premises- Zi. In the event that the premises is totaIly destroyed or so damaged by fire or other casualty not occurring through t'atrlt or negligence of the Lessee or those employed by or acting far it, that the same cannot be repaired or restored within a reasonable time, this Lease shall absoh4ely cease and determine, and the rem shalt abate for the balance of the term. if the damage caused as above be only partial and such that the premises can be restored to its prier condition within a reasonable time, the Lessor may, at its option, restore the same with reasonable promptness, reserving the right to enter upon the premises for that purpose. The Lessor also reserves the right to enter upon the premises whenever necessary to repair damage caused by fire or other casua}ty to the building of which the premises is a part, even though the effect of such entry be to render the premises or a pan thereof untenatztable, Lessor shall use best effort to avoid disturbing Lessee's business or use of said premises. Tn either event the rent shaII be apportioned and suspended during the time the Lessor is in possession, taking into accousrt the proportion of the premises rendered unterramable and the duration of the Lessor's possession. Notwithstanding the foregoing, if Lessor s1~aI1 fat? to repair and restore the premises within 120 days from the date of the damages or destruction, Lessee may terminate this Lease and rem shall abate from the date of the damage or destruction through the end of the ternr. 24. if default shall be trade in the paymem of any rent alter the same becomes due for more tbaa ten days a late charge of five per cem (5%) ofthe unpaid rent shall be due and owing by Lessee to Lessor in addition to the unpaid rent or portion thereof and if after fifteen { 15) days, such rart or portion thereof is unpaid, interest shall accrue on the u~aid sums of money due and owing to Lessor by Lessee at the rate of one and one half per cent (1.5%) per month on the out~anding balance rmtil said amouzrts due and owi~ are paid in full and if within thirty (30) days of the date of written notice thereof given by the Lessor to the Lessee by ordinary mail, the retrt is not paid, or in case of a breach or evasion or any attempt to break or evade any of the covenants or conditiozzs of this Lease, the entire rent reserved for the full term of this Lease shall became due and payable az once and may forthwith be collected by distress or otherwise, and at the sortie time the Lessor may forfeit and anmrl the unexpired portion of the Lease and enter upon and repossess the said premises whiz or without process of Inca and without giving any notice whatsoever, and if the Lessee shall become insolvern, make an assignment for the benefit of creditors, commit any act of banlauptcy, or ~e a voluntary petition in batilauptcy, or aay involuntary petition in banlauptcy be filed against said Lessee, all the teat reserved for the fill! term of this Lease shaA become due aad wllectible itnmediatety by distress or otherwise. 25. This Lease shall be biutlittg upon tlxe executors, administrators, heirs successors and assigns of the patties heretp and will survive aay transfer of ownership of either the property or of the Lessee. 1N W11"1~TE5S WHEREOF, intending to be legally bound hereby, the parties hereto have duly executed this Agreemem the day and year first above writtea .- ) G. Lin Jr., I.~ sot L(1[UAll ~13~ Ali notices to Lessor together with all rectal paymenxs snail be presented to Lessor at the following address un~ a new mailing address is provided by Lessor to I-essee: Harry 4. Liaah, dr., 1104 Trindle Road Carlisle, PA 17013 All notices to Les,see shall be presented to Lessee at the following address watil a new mailing address is provided by Lessee t0 Lessor. TeleIiubLink Corporation 24 New England Executive Panic Burlmgton,lvtA 01803 v. s. o. c. HARRY G LINAH JR 1104 TRINDLE ROAD CARLISLE,PA 17013 BILL TO TELEHUBLINK CORPORATION DOUGLAS MII.LER 24 New england executive park Bwlington,MA 01803 Invoice DATE INVOICE # 7/17/2001 200280 P.O. NO. TERMS PROJECT QUANTITY DESCRIPTION RATE AMOUNT i I I i I ---- JUNE 45 DAYS PAST DUE JULY RENT PAST DUE AUGUST NOTICE IS GIVIN THAT YOUR LEASE IS OVER 30 DAYS PAST DUE..... 2,562.50 2,855.17 2,855.17 2,562.50 2,855.17 2,855.17 j ~ I I Total $s,27z.s4 VALLEY STREET OFFICE CENTER HARRY G LINAH JR 1104 TRINDLE ROAD CARLISLE,PA 17013 BILL TO TELEHUBLINK CORPORATION Douglas A Miller 24 New England Executive Park Burlington,MA 01803 .Invoice DATE INVOICE# 3/16/2001 98745 LII~AIIR~NTAL ~ ~ ~ ~ Invoice 1104 TRINDLE ROAD DATE ~ INVOICE # CARLISLE, PA 17013 3/27Y2001 i 200187 ' BILL TO I ' TELEHUBLINK CORPORATION DOUGLAS MILLER 24 New england executive park Bnrlington,MA 01803 P.O. NO. TERMS PROJECT I QUANTITY DESCRIPTION RATE AMOUNT SUTI'E 104 MARCH 1,500.00 1,500.00 ', ~ SUITE 105 MARCH 1,062.50 1,062.50 ', i LATE FEE 128.12 128.12 j STIFLE 104 1,500.00 1,500.00 SULLE 105 1,062.50 1,062.50 i I i I ~i ~i I I ji I - - TOti~~ $5,253.12 v. s. o. c~ HARRY G LINAH JR 1104 TRINDLE ROAD CARLISLE,PA 17013 BILL TO TELEHUBLINK CORPORATION DOUGLAS MII.LER 24 New england executive park Burlington,MA 01803 Invoice DATE INVOICE # 4!20/2001 200197 i i P.O. NO. TERMS PROJECT Due on receipt I QUANTITY DESCRIPTION RATE AMOUNT LATE FEE MARCH 128.12 128.12 APRII. SUtI'E 104 1,062.50 1,062.50 APRII. SUTIE 105 1,500.00 ],500.00 ~ LATE FEE APRII. 128.12 128.12 ~ MAY 104 1,062.50 1,062.50 I i I i i I i i i I II i I I -------- MAY 105 1,500.00 I i 1,500.00 I - TO~~ $5,381.24 v. $. o. c. I-IARRY G LINAH JR 1104 TRINDLE ROAD CARLISLE,PA 17013 BILL TO TELEAUBLINK CORPORATION DOUGLAS MII,LER 24 New england executive park Burlington,MA 01803 Invoice DATE INVOICE # 5/16/2001 200276 P.O. NO. TERMS PROJECT Due on receipt QUANTITY DESCRIPTION RATE AMOUNT SUITE 104 MAY 1,062.50 1,062.50 I, SUITE 105 MAY 1,500.00 1,500.00 SUITE 104 JUNE 1,062.50 1,062.50 $U11'E 105 JUNE 1,500.00 1,500.00 I IATE FEES NOW DUE ON MARCII,APRII. AND MAY 384.36 384.36 i I -----~ T~t~~ $5,509.36 ~ ' Invoice ~. ~. O. ~ ' HARRY G LINAH JR DATE INVOICE # 1104 TRINDLE ROAD CARLISLE,PA 17013 I 6nznool zooz7s 81LL TO TELEHUBLINK CORPORATION ;,~UGLAS NIII.LER 24 New england executive pack $urlington,MA 01803 P.O. NO. TERMS PROJECT QUANTITY DESCRIPTION RATE AMOUNT ' i SUITE 104. J[INE. 1,062.50 1,062.50 SUITE 105 JUNE 1,500.00 1,500.00 JUNE IS NOW DUE 0.00 0.00 I , SUI'T'E 104 1,187.50 1,187.50 SUITE 105 1,666.67 1,666.67 ~, IDLY IS DUE ON IULY 1 TO~~ $5,416.67 ~ ~ ~ c. - • t~, _.~ b. _:; ;~~ - ate , ~~~ am 1 ~ te ' ' c .. '~ b ~ C '. a.- `T' - - ~ ~G~ C ~ in C d SHERIFF'S RETURN - REGULAR CASE N0: 2001-04704 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LINAH HARRY G JR VS TELEHUBLINK CORPORATION CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE TELEHUBLINK DEFENDANT was served upon the at 0921:00 HOURS, on the 20th day of August 2001 at C/O RANDALL K NICHOLS 131 RICHLAND RD CARLISLE, PA 17013 by handing to RANDALL K. NICHOLS CORP V-PRES 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 18.00 Service 3.90 Affidavit .00 Surcharge 10.00 .00 31.90 Sworn and Subscribed to before me this RO `~ day of lea- oZUp/ A.D. .,~ o ~. 71n DOe, 0~ ~thonotary So Answers: ~~~^E R. Thomas Kline 08{21/2001 RICHARD MISLITSKY By: Deputy riff _ r_y... _ HARRY G. LINAH, JR., Plaintiff v. TELEHUBLINK CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Qc' ~7(1 ~ CIVIL 2001 AFFIDAVIT OF SERVICE AND NOW, comes the Plaintiff, by and through his attorney, Richard P. Mislitsky, Esquire, and states that Service of Process has been made on the Defendant as follows: 1. Defendant was served by Certified Mail, Return Receipt requested. Attached hereto and marked Exhibit A is an Affidavit of Service stating that a true and correct copy of the Complaint was sent Certified Mail on August 10, 2001. Attached hereto and marked Exhibit B is the signed Return Receipt dated August 13, 2001. 2. Plaintiff affirmatively avers that Service of Process was also made by personal service on the Defendant at its corporate offices at One Technology Drive, Suite 135, Andover, Massachusetts 10801. Attached hereto and marked Exhibit C is a notazized Affidavit of Service signed by the Process Server. 3. Personal service was made on Randall K. Nichols, 131 Richland Road, Carlisle, Pennsylvania, Vice President, TeleHubLink Corporation. Attached hereto and mazked Exhibit D is a copy of the Sheriff's Return. Date: Q Ig p ( I'~~~%~~G4 ~. ~~~1S~V~~ I, ~ Richard P. Mislitsky, Esquire Attorney ID #28123 ' One West High Street P. O. Box 1290 Cazlisle, PA 17013 (717)241-6363 Attorney for Plaintiff HARRY G. LINAH, JR., Plaintiff v. TELEHUBLINK CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~" T 7O ~ CIVIL 2001 AFFIDAVIT OF SERVICE I, Tracy L. Finkenbinder, certify that I mailed a true and correct copy of the Complaint in the above-captioned case to the Defendant, TeleHubLink Corporation, on August 10, 2001 by Certified Mail, Return receipt requested addressed as follows: TeleHubLink Corporafion One Technology Drive Suite 135 Andover, MA 01810 And that Defendant did receive said Complaint on August 13, 2001 as evidenced by the attached Certified Mail receipt. Date: ~ ,/G)-Q ~ ~ ~ ~~li~~s`,~l~ll~' 6 ! racy L. inkenbinder Legal A sistant to Richard P. Mislitsky, Esquire Attorney for Plaintiff EXHIBIT A :~~~-~ w ~~ $: Ir uT Postage A V' Certifietl Fee Q Rehm Receipt Fee ~ (Entlorsemen[Required) Q O Restrictetl Delivery Fee (Endorsement Requiretl) D f~ Total Poste®e & Fees r9 Sen~ /_ {/ ~ /r... ._ ~ reef APt.----; o PO E O ~ Ci §tat 7sIP~ j~ UV ... _-_. __... . i ^ Complete items 1, 2, and 3. Also complete item 4 it Restricted Delivery is desiretl. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permfts. 7. Artic//le~~Ad//dr~~e~~s~~se//d to: ~ -'/~ ~LCf1Lw~-1Y1~ C~Y~YL~1F ~~ ~C~~'lc~(o~ ~ v~ If ry ~~ I`- ~ ~ ~ 3. Service Type 1 /~ ~~ ~t~ ~] (}) ~ert'fiied Mail ^ Express Mail ~U~P// / / V` ~~ Q [ Q ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Numb r (Copy from service label) ?GDS`' 1 ~`~~~ .0:6,16- 9~IS9 ~~~7 PS Form .311, JUIy 1999 Domestic Return Receipt 102585-00-M-0952 ~Xh,bil- g A. Received by (Please Print Cleady) i .Date of Delivery C. i nature ~ ^ Agent ^ Addressee . Is livery address different from Rem 17 ^ Yes ES enter delive address below: ^ No AFFIDAVIT OF SERVICE I, o e.~ o ~G~a a competent adult individual, hereby swear and aver, that on August 9, 2001, at 1:45 p.m., I served process to Beverly Purtell, Vice President of Human Resources for Telehublink Corporation, at Telehublink corporate headquarters located at 1 Technology Drive, Suite 135, Andover, Massachusetts. r Signatur 3v vo- Date Sworn and subscribed to before me this 30th day of August, 2001 NOTARY UBLIC .~.~ NOTAIt1Al. SF111. 'p~gr~,~gkyd~4 CPib~, t'x6idpRo~o~,,i ~Awf~aeaipa Ij, #004 EXHIBIT C CASE NO: 2001-04704 P ~~~ GULAR COMMONWEALTH OF~PENNSYLVANIA: COUNTY OF CUMBERLAND LINAH HARRY G VS TELEHUBLINK CORPORATION CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the withzn COMPLAINT & NOTICE was served upon TELEHUBLINK DEFENDANT the at 0921:00 HOURS, on the 20th day of August 2001 at C/0 RANDALL K NICHOLS 131 RICHLAND RD CARLISLE, PA 17013 by handing to RANDALL K. NICHOLS CORP V-PRES 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: So Answers: Docketing Service 18.00 3.90 ;, ' = Affidavit .00 ~ ~ Surcharge 10.00 R. Thomas Kline nn 31.90 08/21/2001 RICHARD MISLITSKY Sworn and Subscribed to before By: ,~ '~ ~- me this day of Deputyy ~ -eriff A.D. Prothonotary EXHIBIT D `='- ~. CT ~ .?~ t ~ rn ' rt - _~ `. ` ~~ L%~ (i:."'- it .= r.~- `_; ~,_ _~ YC `. F :7 :z. tS7 `t'