HomeMy WebLinkAbout01-06338
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ROTHMAN, SCHUBERT & REED,
a Pennsylvania General Partnership,
Plaintiff
IN THE COURT OF CO:MMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No.: 01- Co33~
CHONG SO tldlb/a SUPERIOR
CLEANERS,
Defendant
: EffiCTMENT BY CONFESSION
CONFESSION OF JUDGMENT UNDER RULE 2974
Pursuant to the authority contained in the warrant of attorney, a copy of which is attached
to the Complaint filed in this action, I appear for the Defendant and confess judgment in
ej ectment in favor of the Plaintiff and against the Defendant for possession of the real property
described as follows: 322 East Penn Drive, Enola, Cumberland County,
Pennsylvania 17025.
Date: November 6, 2001
Tho as O. Williams, Esquire
Attorney J.D. No. 67987
2331 Market Street
Camp Hill, PA 170ll-4642
Telephone: (717) 763-1383
Attorneys for Plaintiff
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ROTHMAN, SCHUBERT & REED,
a Pennsylvania General Partnership,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No.: Ol ~ 33<2
CHONG SO t/d/b/a SUPERIOR
CLEANERS,
Defendant
EJECTMENT BY CONFESSION
COMPLAINT FOR CONFESSED JUDGMENT IN EJECTMENT
I. Plaintiff, Rothman, Schubert & Reed is a Pennsylvania general partnership with a
mailing address 308 East Penn Drive, Enola, Pennsylvania 17025.
2. Defendant, Chong So tld/bla Superior Cleaners is an adult individual residing at
4414 Royal Oak Road, Camp Hill, Cwnberland County, Pennsylvania 17011-4414.
3. Judgment by confession is not being entered against a natural person in
connection with a residential lease, a retail installment sales contract or account, or a
conswner credit transaction.
4. On or about December 4, 1998, Plaintiff entered into a Lease Agreement With
Defendant for the property located at 322 East Penn Drive, in the Pennsboro Commons Shopping
Center located in Enola, Cwnberland County, Pennsylvania.
5. The Lease Agreement contained a confession of judgment in ej ectment provision
for Defendants' default for failure to pay rent or other monetary obligations when due. A true
and correct copy of the Lease Agreement is attached hereto as Exhibit "A".
6. The property that is the subject of the Lease Agreement, and for which judgment
for possession is confessed, is known and nwnbered as 322 East Penn Drive, Enola, Cwnberland
County, Pennsylvania 17025.
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7. The instrument in question has not been assigned since its execution on or
about December 4, 1998.
8. Plaintiff has not confessed judgment in ejectment against Defendant in any
jurisdiction permitted to adjudicate the same.
9. Pursuant to the Lease Agreement, confession of judgment was to be entered upon
default for failure to pay rent or other monetary obligations when due and owing under the terms
of the lease.
10. Pursuant to the Lease Agreement, Plaintiff provided written notice of default
dated September 18, 2001, a copy of which is attached hereto and as Exhibit "B".
11. Defendant is in default of the Lease Agreement as it has failed to pay full amount
of rent or other monetary obligations due and owing to Plaintiff and, therefore all conditions
precedent have been satisfied prior to the entry of a confessed judgment.
12. Plaintiff is authorized to confess judgment in ejectment against Defendant from
possession of premises by warrant of attorney contained in Section 18.01 of the Lease
Agreement.
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WHEREFORE, Plaintiff, Rothman, Schubert & Reed respectfully demands judgment in
ejectment against Defendant, Chong So tfd/b/a Superior Cleaners for immediate possession of
the above-described premises, as authorized by the warrant of attorney and for such other further
relief as this Court deems proper.
Respectfully submitted,
REAGER , .C.
Date: November 6, 2001
Tho as O. Williams, Esquire
Attorney LD. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717)763-1383
Attorneys for Plaintiff
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EXHIBIT "A"
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LEASE AGREEMENT
PENNSBORO COMMONS SHOPPING CENTER
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TABLE OF CONTENT
T1T1.F:
UGE
SECTION A. BASIC LEASE PROVISIONS AND ENUMERATION OF EXHIBITS. . .. . . . .. . . .. I
Section A-I. Basic Lease Provisions ............................................. I
Section A-2. Effect of Reference to a Basic Lease Provision .......................... 3
Section A-3. Enumeration of Exhibits ............................................ 3
ARTICLE I - GRANT AND TERM ..................................................... 3
Section 1.01. Leased Premises and Common Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Section 1.02. Term ........................................................... 4
Section 1.03. Obligations Prior to Commencement of Term ........................... 4
Section 1.04. Owner's Financing Contingency ...................................... 4
ARTICLE II - RENT................. . , ........ ..................................... 4
Section 2.0 I. Annual Minimum Rent ............................................. 4
Section 2.02. Percentage Rent .................................................. 5
Section 2.03. Gross Receipts Defined ............................................ 5
Section 2.04. Additional Rent ................................................... 5
Section 2.05. Interest ......................................................... 5
ARTICLE 1lI - RECORDS; REPORTS AND AUDIT ...................................... 5
;--... Section 3.01. Tenant's Records; Reports and Audit .................................. 5
ARTICLE IV - CONSTRUCTION, ALTERATIONS, ADDITIONS
AND RELOCATIONS OF IMPROVEMENTS........................................... 6
Section 4.01. Owner's and Tenant's Work ......................................... 6
Section 4.02. Changes and Additions to the Shopping Center .......................... 6
ARTICLE V - CONDUCT OF BUSINESS BY TENANT ................................... 7
Section 5.01. Use of Premises .................................................. 7
Section 5.02. Operation of Business .............................................. 7
Section 5.03. Radius Restriction ................................................. 7
Section 5.04. Parking ......................................................... 7
ARTICLE VI - TAXES .............................................................. 8
Section 6.01. Taxes ........................................................... 8
ARTICLE VII - COST OF MAINTENANCE AND CONTROL OF COMMON FACILITIES ...... 9
Section 7.01. Common Facilities Contribution ..................................... 9
Section 7.02. Operating Cost and Common Facilities Defined ......................... 9
Section 7.03. Payment ....................................................... 10
Section 7.04. Control by Owner ................................................ 10
ARTICLE VlIl- ALTERATIONS; SIGNS; SURRENDER AND TENANT LIENS .............. II
Section 8.0 I. Alterations ...................................................... 11
Section 8.02. Surrender; Title to Improvements; Removal and Restoration by Tenant II
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Section 8.03. Tenant's Liens ................................................... II
Section 8.04. Tenant's Sigl/s' . . . . . .. . . . . . . . . .. .. . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . .. 12
ARTICLE IX - MAINTENANCE or LEASED PREMISES; RULES AND REGULATIONS ..... 12
Section 9.01. Maintenance by Tenant. . . . . .. . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . .. 12
Section 9.02. Maintenance by Owner ............................................ 13
Section 9.03. Rules and Regulations ............................................ 13
ARTICLE X - INSURANCE AND INDEMNITY ........................................ 13
Section 10.0 I. Liability Insurance .............................................. 13
Section 10.02. Fire Insurance .................................................. 13
Section 10.03. Insurance on Buildings and Improvements in the Shopping Center ........ 14
Section 10.04. Business Liability Insurance ............................. . . . . . . . . .. 14
Section 10.05. Indemnification................................................. 14
Section 10.06. Waiver of Subrogalion; Limitation of Liability ........................ IS
Section 10.07. Notice by Tenant. . , . . . . . .. .. .. .. . . . . . . .. .. " .. .. . . . . . . . . . .. ..... IS
ARTICLE XI- UTILITIES .......................................................... 15
Section 11.01. Utility Charges ................................................. 15
Section 11.02. Owner's Liability for Interruption .................................. IS
ARTICLE XII - ESTOPPEL CERTIFICATE; ATTORNMENT;
PRIORITY OF LEASE; RIGHTS OF MORTGAGEE .................................... 16
Section 12.0 I. Estoppel Certi ficate ............................................. 16
Section 12.02. Attornment .................................................... 16
Section 12.03. Priority of Lease ................................................ 16
Section 12.04. Rights of Owner's Mortgagee ...................................... 16
ARTICLE XIII - ASSIGNMENT, SUBLE"ITING AND COIU'ORATE OWNERSHIP ........... 17
Section 13.01. Consent Required. . . . . . . .. " .. . . . . . .. . . . . . . .. . . . . . . . . . . . . . ... ., .. 17
Section 13.02. Corporate Ownership ............................................ 17
Section \3.03. Owner's Right to Assign .......................................... 17
ARTICLE XIV - WASTE; HAZARDOUS WASTE;
GOVERNMENTAL AND INSURANCE REGULATIONS............................... 18
Section 14.01. Waste or Nuisance ............................................... 18
Section 14.02. Hazardous Waste ................................................ 18
Section 14.03. Governmental and Insurance Regulations ............................ 19
ARTICLE XV - MERCHANTS ASSOCIATION ......................................... 19
Section 15.01. Merchants' Association. . .. .. . . . .. . . . . . . . . .. .. .. . . . . . . . . . . . . . .. . .. 19
Section 15.02. Promotion Fund ................................................ 19
Section 15.03. Advertising .................................................... 20
ARTICLE XVI - DESTRUCTION ............................................ . . . . . . . .. 21
Section 16.0 I. Destruction of Leased Premises .................................... 21
Section 16.02. Destruction of Shopping Center .................................... 21
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ARTICLE XVII - EMINENT DOMAIN ................................................ 21
Section 17.01. Condemnation of Leased Premises.................................. 21
ARTICLE XVIII - TENANT'S DEFAULT; AND SECURITY DEPOSIT...................... 22
Section 18.0 I. Default by Tenant ............................................... 22
Section 18.02. Bankruptcy .................................................... 24
Section 18.03. Owner's Right to Cure Defaults .................................... 25
Section 18.04. Security Deposit ................................................ 26
ARTICLE XIX - ACCESS BY OWNER ................................................ 26
Section 19.01. Right of Entry .................................................. 26
ARTICLE XX - ARBITRATION; RIGHT TO APPEAL ................................... 27
Section 20.0 I - Arbitration .................................................... 27
Section 20.02 - Waiver of Trial By Jury .......................................... 27
ARTICLE XXI - OWNER'S LIABILITY ............................................... 28
Section 21.01. Limitations on Liability .......................................... 28
Section 21.02. Owner's Obligations With Respect to Future Building Areas ............. 28
ARTICLE XXII - HOLDING OVER ................................................... 29
Section 22.01. Holding Over .................................................. 29
Section 22.02. Time is of the Essence ........................................... 29
ARTICLE XxIII - WAIVER; NOTICE; DEFINITIONS; MISCELLANEOUS .................. 29
Section 23.01. Waiver........................................................ 29
Section 23.02. Force Majeure .................................................. 29
Section 23.03. Notices and Payments ............................................ 29
Section 23.04. Definitions .................................................... 30
Section 23.05. Miscellaneous .................................................. 30
III
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L1CASIC L1ninm
l'ennsborll Commons Shopping Center
Rothman, Schubert & Reed
P.O. Dox 188
355 North 21st Street
Camp Hill,l'A 17011-0188
RE: Lease dated -12-- f ' 1998 between William F. Rothman, Charles F. Schubert &
Samuel L. Reed, Co-Partners, tldlbla Rothman, Schubert & Reed, a Pennsylvania General
Partnership, Owner, and Chong So Superior Cleaners ,
Tenant, covering Premises lucated in Pennsboro Commons Shopping Center, East Pennsboro
Township, Cumberland County, Pcnnsylvania.
The undersigned, as Tenant, hereby confirms the following:
I. Tenant has accepted possession of the Premises demised pursuanlto the terms ofthe above-described
Lease,
2. The improvcments allll space required to he furnished according 10 the aforcsaid Lease have been
completed and supplied in all respects.
3. Landlord-Owner has fulllllcd all of its duties o\"an induccment nature.
4. The aforesaid Lease has not heen modi tied, altered or amended except as set forth below.
5. Thcre arc no offscls or crcdits duc against rcntals nor havc rcutals bccu prepaid exccpt as pruvidcd
by the Lease terms.
G.
The initial term of said Lease hegan on the __ day of
commenced to accrue on that date; the initial Lease Term expires on
, 19_, and rcntals
7. Tenant has no notice o\" any prior assignment, hypothccation or pledge of rents or of the Lease.
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By: a~u<-(;(-/
Title:
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LEASE AGREI~MIO:NT
WITNESSETH, that in consideration or mutual covenants, Owner and Tenant hereby agree as
rollows:
SECTION A. RASIC LEASE PROVISIONS ANI) ENHMFllATION or EXlIlBlTS
Section A-I R;]~ic r .ease Provision!=:
DATE:
SHOPPING
CENTER:
Pennsboro Commons Shopping Center
Cumberland Counly, Pennsylvania
OWNER:
William r. Rothman, Charles F. Schubert & Samuel L. Reed, Co-Partners, tldlbla
Rothman, Schubert & Reed, a Pennsylvania General Partnership
TENANT:
Chong So
TENANT'S ADDRESS:
4414 Royal Oak Road
Camp Hill, PA 17011-4414
TENANT'S PIIONE NUMBER:717-975-5598 - RAn 11170 - 432-7135
TENANT'S
TRADE NAME:
Superior Cleaners
LEASED
PREMISES:
The Premises outlined in red on Exhibit A containing approximately 1 ZOO S. F .
square reel arGross Leasable Area and identified as Block B Section 3
next to Subways
LEASED TERM:
rive (5) Years.
RENEW AL TERM:
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2<;.5 year options
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PERIOD FOR
COMPLETION OF
TENANT'S WORK:
PERMrnED
USES:
ANNUAL
MINIMUM RENT:
PERCENTAGE
RATE:
BREAKPOINT:
INITIAL ESTIMATED
COMMON FACILITIES
CONTRIBUTION FOR
TENANT:
iNITIAL ESTIMATED
TAX CHARGE FOR
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Tenant's work shall be completed on or before ~ days after Owner substantially
completes Owner's Work set forth in Exhibit B and makes the Leased Premises
availablc to Tenant. The term "substantially completes" as used in this paragraph
shall mean that Owner has completed Owner's Work with the exception of minor
items which can be fully completed prior to completion of Tenant's Work without
material interference with Tenant's Work or upon receipt of a certificate of
occupancy from East Pennsboro Township, whichever occurs sooner.
Tenant shall pay (0 Owner, as Annual Minimum Rent,
EiF;hteen Thousand Dollars ($ 16.000.00 )
per annum ($ 1,500.00 per month), beginning on the Commencement Date
(as defined in Section 1.02 hereof). The Annual Minimum Rent for the renewal
terms shall be the greater or (a) increased by live percent (S'X,) or (b) the rate at the
end of the preceding term adjusted for thc Consumer Price Index. Consumer Pricc
Index (hereinafter the "CP[") shall mean the average for "all items" shown on the
CPI for the urban wage earners and clerical workers for the Philadelphia region as
published by the Bureau of Labor and Statistics of the United States Department of
Labor using the years 1990-1996 as the reference base of hundred (100), or if the
cpr is no longer published, the index of eonsumcr prices in the United Stales most
closely comparable to said index, aller making such a(ljustments as may be
prescribed by the agency publishing the same or as otherwise may be required to
compensate for changes suhseqllcntto the commenccment date hcreof, in items
included, or method of computation error. The average cpr for the quarter
proceeding the execution of this Lease shall be the base CPI in this paragraph in
order to determine the percentage rate of increase in CPI.
N/A
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$ N/A
$ 1,620.00 per calendar year ($ 135.00
adjustment as set forth in Article VII of this Lease)
per month) (subject to
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TENANT:
$ 1,200.00 per tax year ($ 100.00 per month)(subject to adjustment as
set forth in Article VI of this Lease)
INITIAL ESTIMATED
INSURANCE Cl/ARGE
FOR TENANT:
$ 300.00 per calendar year ($ 25.00
adjustment as set rorth in Article X or this Lease)
per month) (subject to
SECURITY DEPOSIT:
Upon execution or this Lease, Tenant shall deposit the sum of$ 1.500.00 with
Owner to secure the performance of the obligations of Tenant herein contained.
Section A-2 Fffect of Reference to a Rnsic J ense PrnvisiOll..
Each reference in this Lease to any of the Basic Lease Provisions contained in Section A-I shall be
deemed to incorporate all of the terms provided under each such Basic Lease Provision.
Section A-I ['nllmeration of Exhibils..
The Exhibits enumerated in this Section and attached to this Lease are hereby inco'1JOrated in this
Lease by reference and each party agrees to perform all obligations binding upon it under such Exhibits.
Exhibit A
Exhibit A-I
Exhibit B
Exhibit C
Exhibit D
Site Plan
Legal Description or Owner's Tract
Construction Exhibit
Rules and Regulations
Guaranty of Lease
RECITALS
Owner owns fee title to certain real property described on Exhibit A-I. The real property described
on Exhibit A-I (as the same may be expanded or reduced as contemplated in this Lease) is herein called
"Owner's Tract." The term "Shopping Center" shall mean Owner's Tract, together with the buildings and
other improvements thereon from time to time.
ARTlc:I E I - GRANT AND TERM
Section I 01 Leased Premises and Common Arells..
Owner leases to Tenant and Tenant rents from Owner those premises located in the Shopping Center
and described as the "Leased Premises" in Section A-I of the Basic Lease Provisions, together with the
appurtenances specifically herein granted. TIle use by Tenant of the Leased Premises shall include the non-
exclusive use of the "Common Facililies" (as defined in Section 7.02) shown on Exhibit A, and such other
Common l'acilities as may be designated from time to time by Owner, subject, however, to the provisions
of Section 4.02 and 7.04 and to the other terms and conditions of this Lease.
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Section 1 02 Term
The tenl1 of this Lease and Tenant's obligation to pay rent shall, subject to the provisions of Section
23.02, commence upon the earlier of the following dates (the "Commencement Date"): (i) the date on which
Tenant shall open the Leased Premises for business with the public, or (ii) the date of expiration of the
"Period For Completion of Ten ant's Work" designated in Section A-I of the Basic Lease Provisions. The
term of this Lease shall expire, unless sooner ternlinated as in this Lease provided, on the last day of the last
"Leased Year" (as defined in Section 23.04) provided under "Lease Term" in Section A-I of the Basic Lease
Provisions. In order to extend the Leased Term as provided under "Renewal Term" in Section A-I of the
Basic Lease Provisions, Tenant shall give Owner sixty (60) days written notice of its intention to renew the
Leased Term prior to the end of the then current term at the amount designated for the renewal terms
provided under Annual Minimum Rent in Section A-I ofthe Basic Lease Provision.
Sectioo I 01 Ohligations Prior to Commencement of Term
Tenant shall perform all of its obligations under this Lease (except its obligations to pay rent and
other charges) from the date upon which the Leased Premises are first made available to Tenant until the
Commencement Date.
Section 1 04 OWl1er'~ Financing Continp:ency
It is a condition of all of Owner's obligations under this Lease that within twelve (12) months from
the date of execution of this Lease, which period may be extended by Owner for not more than an additional
six (6) months, Owner obtain commitments for construction money and permanent mortgage loan financing
for that portion of the Shopping Center, including Tenant's Leased Premises, as designated on the Site Plan
as the initial phase of construction, in an amount and on terms satisfactory to Owner. If at the end of said
twelve (12) month period, or any extension as aforesaid, Owner has not obtained such commitments, Owner
or Tenant may each cancel this Lease by giving written notice to the other. Tenant shall receive a return of
any deposit in the event of such cancellation. In the event this Lease is canceled under the provisions of this
section, neither party shall have any further obligation or liability to the other under or with respect to this
Lease.
ARTICI E II RENT
Section 2 01 Annual Minimum Rent.
Tenant shall pay to Owner, without any prior demand, deduction or setoff, the "Annual Minimum
Rent" specified in Section A-I of the Basic Lease Provisions, in equal monthly installments on or before the
first day of each calendar month in advance. Annual Minimum Rent for a fractional calendar month shall
be prorate
ition to the Annual Minimum Rent, Tenant shall pay to Owner, as percentage rent he
(the" "a sum equivalent to the "Percentage Rate" as . ection A-I of
the Basic Lease Provisions) of the "Gross " as defi Ion 2.03) in each Lease Year during
the term, in excess of the "Breakpoint" er e me . nual Percentage Rent for each Lease
Year shall be due e on or before the 45th day following the explra such Lease Year
d e term. For any Lease Year in which there has been an abatement of Annual Minimum
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t.. rovided, the Breakpoint for such Lease Year shall be prorated, and shall be equal to th
obta'~ed by I11Ult,p Y . eakpoint for such Lease Year by a fraction, the n 0 which is the
Annual Mmnnum Rent paid by Tenan ease Year and mmator of which is the Annual
Minimum Rent otherwise payable by Tenant had th ent been payable without abatement.
Unless specified in Section A-I of ease Provisions, the term'" ." mean an amount
equal to the quoti . e by dividing the Annual Minimum Rent payable by Tenant for each
(9 . ease Year) d~ring the term by the Percentage Rat",
Section 7. 03 E" Receipts oefi0
The term "Gross Receipts" is defined to mean: (i) the entire amount of the price charged, whe
w or partially in cash or on credit,or otherwise, for all goods, wares, merchandise and ch of any
kind, sol , d licensed or delivered, and all charges for services sold or performed', ,upon or from
any part of or throu use of the Leased Premises or any part thereof by T and any other person,
firnl or corporation, or by me any mechanical or other vending de. other than pay telephones and
those soft drink and other similar ve . devices operated . larily for the convenience of Tenant's
employees); and (ii) all gross income of Tenant a person, firm or corporation from any operations
in, at, upon or from the Leased Premises which eitlie. uded in nor exCluded from Gross Receipts by
other provisions of this Lease, but with y duplication. Gross . ts shall not include the amount of
any sales tax, use tax or retail e . tax which is imposed by any duly con. d governmental authority
directly on sales and w' IS both added to the selling price (or absorbed therein) an . aid to the taxing
authority by T (but not any vendor of Tenant). No franchise or capital stock tax, an le or
similar ased upon income or profits as such, and no personal property tax, shall be deducted from r
R: ceipts.
Section 7. 04 Additional Rent.
Tenant shall pay, upon demand as additional rent, all charges required to be paid by Tenant under
this Lease, Whe::2tl1t:.f or not the same are designated "additional rent".
Section \05 Interest
I~a fails to pay within five (5) da s from when the same is due)'nd pay~ble, any rent or
any additional rent, Tenant shall, upon demand, pay Owner I) a late charge(Ol $1 00.00 for each inst~llment
of Annual Minimum Rent or other charge past due and (ii) interest at the "Interest Rate" (as defined in
Section 23.04) on the arrearages from the due date thereof until paid.
ARTIe] E III - REC:OROS; REPORTS AND AlTOIT
Section 1 01 Tenant', Record,; Report' and Andit v1I/f)o )'f jv'-It l{1 (.
Tenant agrees to prepare and keep true and completJrecords and accounts for at least 24 months after
each Lease Year during the term of this Lease of all Gross Receipts for each such Lease Year in accordance
with generally accepted accounting principles consistently followed. Tenant shall submit to Owner on or
before the 45th day following the end of each Lease Year during the term, a statement certified by Tenant
showing the amount of Gross Receipts during such Lease Year and itemizing all deductions and exclusions
therefrom. Owner may at any time within 24 months after the end of any Lease Year during the term, upon
10 days' prior notice to Tenant, cause an audit to be made by Owner's accountants of Ten ant's books and
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records relating to its Gross Receipts for such Lease Year. If such audit shall disclose that Tenant has
undcrstated Gross Rec,:,ipts ~o/~r more for .such Lease Year, Tenant shall, upon demand, pay to Owner
the cost of such audit In ad IlIon to any deficiency in Annual Percentage Rent, which deficiency shall be
~ayable in any event. If such audit shall disclose that Tenant has understated Gross Receipts bi':: or mo~e
lor such Lease Year, Owner shall, In addition to Its other nghts hereunder, have the nght to Ie Ihate this
Lease by giving notice thereof to Tenant. If Owner so elects to tenninate this Lease, this Lease shall
terminate 10 days after the date of such notice. Tenant shall cooperate fully with Owner in connection with
such audit, including, without limitation, furnishing Owner with an explanation ofthe methodology employed
by Tenant in connection with any computerization of Tenant's records. If Owner's accountants, after
examining such records and accounts as Tenant makes available to them, are unable to verify the Gross
Receipts for such Lease Year by reason of Ten ant's failure to prepare, keep or make available the same in
the manner required under this Section 3.01, then Tenant shall, upon demand, and without impairing Owner's
other remedies, pay the cost of such audit. At Owner's request, Tenant shall provide an annual financial
statement.
ARTWLE IV - CONSTRUCTION, AI.TERATIONS, Anf)lTIONS ANn RElOCATIONS OF
IMPROVEMENTS
Section 4 0 I Owner's and Tenant's Work
(A) Owner and Tenant shall construct the Leased Premises in accordance with the provisions of
Exhibits B. All of Tenant's Work with respect to utility installations shall also be subject to approval, when
applicable, by the utility company furnishing the service.
(B) Owner or an authorized utility company shall have the right to construct, maintain, repair,
replace and relocate utility lines, pipes, conduits and duct work where necessary or desirable, through attic
space, column space or other similar areas of the Leased Premises, and to repair, alter, replace or remove the
same, all in a manner which does not interfere unnecessarily with Tenant's use thereof, and Tenant shall not
be entitled to an abatement or reduction of rent or to claim an actual or constructive eviction by reason
thereof. "Owner's Work" (hereinafter defined in Exhibit B) shall be deemed approved by Tenant in all
respects except for items of Owner's Work which are not completed or do not conform to Exhibit B and as
to which Tenant shall have given notice to Owner within 30 days after the commencement of the term.
Section 4 02 Changes and Additions to the Shopping Center.
Notwithstanding anything set forth in this Lease to the contrary, it is agreed that Owner reserves the
right, without invalidating this Lease or modifying any provision thereof except Exhibit A, at any time either
before, during or after the initial construction thereof, (i) to make alterations, changes, deletions and additions
(including additional stories) to the buildings, Common Facilities and other improvements in the Shopping
Center (excluding the interior of the Leased Premises); (ii) to add and permit to be added additional land(s)
to the Shopping Center and to exclude land(s) therefrom; (iii) to construct and to permit to be constructed
additional buildings and other improvements in the Shopping Center; (iv) to remove or relocate the whole
or any part of any building or other improvement in the Shopping Center; and (v) to relocate the premises
leased to any other tenant. PROVIDED, HOWEVER, the foregoing shall not be construed as permitting
Owner to change the location of the Leased Premises.
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ARTICLE V - CONDOCT OF ROSINESS BY TENANT
Section 501 f')se of Premises
Tenant shall operate the Leased Premises under the "Trade Name", if any, specified in Section A- I
of the Basic Lease Provisions and shall use the Leased Premises solely for the "Permitted Uses" specified
therein and for no other use or purpose whatsoever. Tenant shall not permit any business to be operated in
or from the Leased Premises by any concessionaire or licensee without the prior consent of Owner,
[Section 5 07. Operation ofRllsiness] ftvwy-)
.,--- Tenant shall, subject to the provisions of Section 22.02, (i) open the Leased Premises by the date
provided in Section 1.02 and thereafter continuously operate all of the Leased Premises in good faith during
the term 50 as to produce the maximum profitable and practical Gross Receipts which may be produced by
such manner of operation; and (ii) keep the Leased Premises op n for blJr~l'>sS and the signs therefore lighted
each day from 10:00 a.m. until..!i;()Q.l!.m., Monday through 4+ CT10Jal time then current). If Tenant
defaults in resp~any of the foregoing covenants then Tenant s all, in recognition of the difficulty or
impossibility of detemlining Owner's damages, pay to Owner, upon demand, as liquidated damages ( and not
as a penalty) and in addition to the Annual Minimum Rent and other charges payable under this Lease, a
separate charge equal to 1/365 of the then applicable Annual Minimum Rent for each day, or part thereof,
Tenant fails to open or operate the Leased Premises in accordance with the provisions of this Section.
5 01 Radius Restriction
If Tenant or "Guarantor" (if any) or (if Tenant is not an individual or partnership) any subsidiary or
parent corporation of Tenant or Guarantor, or any affiliate of Tenant or Guarantor shall directly or indirectly
engage or participate in, as owner, principal, employee or agent, or through any subsidiary, or affiliate, or
furnish financial or other aid or support to, any business enterprise or undertaking which is in any manner
or degree competitive with the uses specified in Section 5.0 I of the Lease Agreement, and such business is
located within 3 miles from any boundary line of the Shopping Center, then Owner shall have the right, in
recognition of the fact that the Annual Percentage Rent payable hereunder may be reduced by such
competition, to require by notice to Tenant that 33'/3% of any and all gross sales (which shall be coextensive
in scope to Gross Receipts as defined in this Lease) made at, in or from any such competing operation shall
be deemed Gross Receipts for the purpose of computing the Annual Percentage Rent due under this Lease,
with the same force and effect as though such percentage of gross sales had actually been made in the Leased
Premises and in such event the provisions of Article III shall be applicable to such competing operation and
the gross sales received therein.
Section 5 04 Parking-
Tenant and employees of Tenant shall park their automobiles in the side and rear parking areas
designated by Owner for employees. Owner shall provide appropriate lighting for said area. Owner shall be
entitled to tow improperly parked vehicles at the automobile owner's expense and without notice.
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ARTIer E VI - TAXES
Seel ion Ii 0 I Taxes
(A) The term "~" shall mean the aggregate of the real estate taxes, assessments and other
governmental charges and levies, general and special, ordinary and extraordinary, foreseen and unforeseen,
of any kind or nature whatsoever (including assessments for public improvements or benefits and interest on
unpaid installments thereof) which may be levied, assessed or imposed or become liens upon the Shopping
Center, or which arise out of the use, occupancy or possession of the Shopping Center (land, buildings and
permanent improvements) from time to time. The term "Taxes" shall not, however, include inheritance,
estate, succession, transfer, gift, franchise, corporation, income or profit tax imposed upon Owner, nor
penalties imposed upon Owner for Owner's delinquent payment of the Taxes; PROVIDED, HOWEVER, that
if at any time during the tenn of this Lease the methods of taxation prevailing at the commencement of the
term of this Lease shall be altered so that in addition to or in lieu of or as a substitute for the whole or any part
of the Taxes now levied, assessed or imposed on real estate as such there shall be levied, assessed or imposed
(i) a tax on the rents received from the Shopping Center; or (ii) a license fee measured by the rents receivable
by Owner from the Shopping Center; or (iii) a tax or license fee imposed upon Owner which is otherwise
measured by or based in whole or in part upon the Shopping Center or any portion thereof, then such tax or
fee shall be included in the computation of Taxes, computed as if the amount of such tax or fee so payable
were that part due if the Shopping Center were the only property of Owner subject thereto.
(B) The term "Tax Year" shall mean the 12 month period established as the real estate tax year
by the taxing authorities having jurisdiction over the Shopping Center.
(C) The term "Tenant's Tax charge" shall mean an amount equal to the product obtained by
multiplying the sum of the Taxes for each Tax Year plus all costs, expenses and attorneys' fees incurred by
Owner in contesting any Taxes during such Tax Year (which Owner may do at its option) by "Tenant's
Percentage Share" (hereinafter defined in Section 23.04) as of the date the Taxes for such Tax Year are
assessed. For the Tax Year in which this Lease commences or terminates, Tenant's Tax Charge shall be
prorated.
(D) Tenant's Tax Charge shall be paid to Owner in monthly installments (as estimated by Owner)
in advance on the first day of each calendar month during such Tax Year. Owner's estimate of Tenant's Tax
Charge for the Tax Year in which this Lease commences is set forth in Section A-I of the Basic Lease
Provisions. Within 90 days after the end of each Tax Year, Owner shall deliver a copy to Tenant of all tax
bills for such Tax Year and certify to Tenant the amount of Ten ant's Tax Charge and Owner and Tenant shall
then adjust any overpayment or underpayment by Tenant of Ten ant's Tax Charge for such Tax Year. Any
payment required in connection with an overpayment or underpayment shall be due within thirty (30) days.
OWTIer's failure to provide such infomlation within the 90 days shall in no way excuse the Tenant from its
obligations to pay any underpayment or constitute a waiver of Owner's right to bill and collect such
underpayment from Tenant in accordance with this paragraph.
(E) Tenant shall pay (or reimburse Owner upon demand if the same are levied against Owner
or the Shopping Center), before delinquency, any and all taxes, assessments, license fees and public charges,
of whatever kind or nature, levied or assessed during the term by any governmental authority against Tenant's
business in the Leased Premises and the fixtures, furniture, appliances and any other personal property
therein.
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(F) Owner shall have the sole, absolute and unrestricted right (but not the obligation) to contest
and/or compromise the ~alidity or amo~nt of any Tax by appropriate proceedings. Owner shall have the right
(but not the obligatIOn), If pellnItted by law, to make installment payments of any assessments levied against
the Shopping Center, and in such event, Tenant's share of the Taxes shall be computed upon the installments
thereon paid by Owner in each Tax Year.
ARTICT EVil - COST OF MAINTENANCE AND CONTROL OF COMMON FAClf.lTrES
Section 701 Common Facilitie< Contribution.
In each calendar year during the term, Tenant shall pay to Owner an amount (the "Common Facilities
Contribution") equal to a proportion of the "Operating Cost" (as defined in Section 7.02) of the Common
Facilities ("Tenant's Common Facilities Contribution"). Tenant's Common Facilities Contribution for each
calendar year during the term shall be that portion of the Operating Cost for such calendar year equal to the
product obtained by multiplying the Operating Cost for such calendar year by Tenant's Percentage Share
(hereinafter defined in Section 23.04) as of the first day of such calendar year.
Section 702 Operating Cost "no Common F"cilities Defined.
(A) The term "Qperatinr Cost" shall mean the total cost (other than the cost properly chargeable
to capital account, except as herein specifically provided) and expense incurred in operating, maintaining,
equipping, inspecting, protecting and repairing the Common Facilities, including without limitation, the cost
or expense of, or incurred in connection with or reasonably attributable to: water, gas, electricity and other
utilities; gardening and landscaping (including planting and replacing flowers and shrubs); cleaning; fire
protection (including installation and maintenance of an ADT or similar type system); fees for required
licenses; personal property taxes; all Taxes levied, assessed or imposed or which may become a lien on the
Common Facilities or which may arise out of the use thereof; line painting; the repair and maintenance of
the roof and finished ceiling (including lighting) of all Shopping Center canopies; operating of loudspeakers
and other equipment supplying music; sanitary control; security services (if any); sewer service charges;
removal of ice, snow, trash, rubbish, debris, garbage and other refuse (including ice and snow removal
immediately in front of Tenant's storefront); depreciation on machinery and equipment used in such
maintenance; resurfacing and restriping of parking areas; repairing the roof of the Shopping Center; and
personnel to provide and supervise such services (including wages, unemployment and social security taxes
and the cost of uniforms for such personnel); plus an amount equal to ten percent (10%) of the total of all of
the foregoing as an agreed upon reimbursement covering the administrative costs to be incurred by Owner
in connection with the operation of the Common Facilities.
(B) The term "Operating Cost" shall also include any municipal improvements required by the
local municipality to be made to the Common Facilities including but not limited to traffic signals, stop signs,
and road repair. Tenant's Common Facility Contribution for any improvements or repairs required under
this Section 7.02(B) shall be obtained by multiplying the cost of the municipal improvements or repairs made
to the Common Facilities by Tenant's Percentage Share.
(C) The term "Cnmmon Facilities" shall mean all areas, space, equipment and special services
in or serving the Shopping Center, provided for the common or joint use and benefit of Owner, the occupants
of the Shopping Center, and their employees, agents, servants, customers and other invitees, including,
without limitation: any open pedestrian malls; parking areas and parking lot improvements; access roads;
driveways; retaining walls; exterior boundary walls and fences; water, sanitary and storm sewer {including
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any off-site sewer lines which Owner is required to maintain), gas, electric, telephone and other utility lines,
systems, conduits and facilities to the perimeter walls of any building (even though intended for the use of
only one or a limited number of occupants) and those within a building serving more than one premises, and
any of the foregoing which serve the Common Facilities; on or off-site water detention and retention ponds,
facilities and systems; on-site trash compactor; plantings; landscaped areas; truck service ways or tunnels;
loading dock areas and facilities; the roof and finished ceiling (including lighting) of all Shopping Center
canopies; courts; ramps; sidewalks; comfort and first aid stations; washrooms; parcel pick-up stations; any
Shopping Center pylon sign; drinking fountains; vertical transportation equipment (including elevators and
escalators); auditoriums; community centers; bus stations; and the facilities appmienant to each and all of the
foregoing.
Seetion 7 01 Payment.
(A) Tenant's Common Facilities Contribution shall be paid in monthly installments on the first
day of each calendar month during the term in advance, in an amount reasonably estimated by Owner.
Owner's estimate of Tenant's Common Facilities Contribution for the calendar year in which this-Lease
commences is set forth in Section A-I of the Basic Lease Provisions. Within 90 days after the end of each
calendar year during the term, Owner shall furnish Tenant with a statement summarizing the actual Operating
Cost for such calendar year and setting forth the method by which Tenant's Common Facilities contribution
was determined as herein provided, and Owner and Tenant shall then adjust any overpayment or
underpayment by Tenant of Tenant's Common Facilities Contribution for such calendar year with any
resultant payment to be due within thirty (30) days. Owner's failure to provide such statement within the 90
days shall in no way excuse Tenant from its obligations to pay any underpayment or constitute a waiver of
Owner's obligations to bill and collect such underpayment from Tenant in accordance with this Paragraph.
Any claim by Tenant for revision of any statement submitted by Owner hereunder for any such calendar year
which is not made within 90 days after receipt of such statement, shall be deemed waived and discharged.
For the calendar year in which this Lease commences or terminates, Tenant's Common Facilities Contribution
shall be prorated.
(B) Any municipal improvements or repairs as contemplated in Section 7.02(B) shall be paid
within 30 days of Tenant's receipt from Owner of a payment statcment. As such municipal
improvements are outside the control of the Owner, the Owner agrees to give Tenant prompt written notice
of any municipal improvements or repairs upon Owner's receipt of such notice from the municipality.
Section 7 04 Control hy Owner
Notwithstanding anything set out in this Lease to the contrary, it is agreed that (i) all Common
Facilities shall be subject to the exclusive control and management of Owner, and Owner may permit the
owners or occupants of land located outside the Shopping Center and their invitees to use the Common
Facilities; (ii) Owner shall have the right to temporarily close all or any portion of the Common Facilities
(including parking areas); (iii) Owner shall be required to keep the parking areas lighted from dusk to dawn
and not during any daylight hours, and (iv) Owner shall have the right to do and perform such other acts in
and to the Common Facilities as Owner shall detemline to be advisable with a view to the improvement of
the convenience and use thereof by tenants of the Shopping Center and their customers, including the right
to permit, in Owner's sole discretion, promotions in and decorations of the sidewalks and parking areas;
PROVIDED, HOWEVER, Owner shall maintain the Common Facilities in the Shopping Center in reasonably
good order and repair, and shall keep the parking area and other Common Facilities in the Shopping Center
reasonably free of snow, ice and debris and adequately lighted, but these obligations shall not inure to the
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benefit of any third party nor confer upon any third party any rights or remedies in the event of Owner's
failure to perform such obligations.
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Mnrc:1 E VIII - AI.TERATIONS; SIGNS' SIJRllFNDER AND TENANT UENS
Secl'ion R 0 I ^ Iterations
Tenant shall not make or cause to be made any alterations, additions or improvements in or to the
Leased Premises without submitting to Owner plans and specifications therefor and obtaining Owner's
consent thereto.
Seetion R 02. Surrender; Title to Improvements; Removal and Restoration hy Teoant
(A) On the last day of the term or on the sooner termination thereof, Tenant shall (i) subject to
the provisions of Articles XVI and XVII, peaceably surrender the Leased Premises broom clean and in good
order, condition and repair except for reasonable wear and tear; (ii) at its expense remove from the Leased
Premises the signs, moveable furniture and trade fixtures (including, without limitation, molly-bolts, screws
and other items inserted into the walls of the Leased Premises) which were furnished and installed by Tenant
at Tenant's sole expense ("Tenant's Property") and, if requested by Owner, remove, at Tenant's expense, the
carpeting in the Leased Premises, and (iii) deliver to Owner a certificate of inspection from a reputable
mechanical systems contractor that the heating, ventilating, air conditioning, electrical and plumbing systems
are in good order, condition and repair. Any damage to the Leased Premises caused by Tenant in the removal
of Tenant's Property shall be repaired by Tenant at Tenant's expense (including, without limitation, the
patching and sanding of molly-bolt holes and other similar type holes in the walls of the teased Premises).
(B) Except for Tenant's property, the title to all alterations, additions, improvements, repairs,
decorations, non-trade fixtures, equipment (including heating and air conditioning equipment) and
appurtenances attached to or built into the Leased Premises which shall have been made, furnished or
installed by or at the expense of either Owner or Tenant in or upon the Leased Premises shall become upon
the installation thereof and remain a part of the Leased Premises without disturbance or charge, except that
Owner may elect to require Tenant, at Tenant's expense, to remove any or all of such alterations, additions,
improvements, non-trade fixtures, equipment, and/or appurtenances, and Tenant shall upon such removal
restore the Leased Premises to good condition, subject to ordinary wear and tear.
Section R 01 Tenant's I.iens
(A) Before Tenant permits any work, labor, services or materials to be performed for or furnished
to the Leased Premises, Tenant shall require any party with whom Tenant contracts to perform said work to
Tenant or anyone holding all or any part of the Leased Premises under Tenant to file a stipulation against
liens pursuant to S 1402 of the Pennsylvania Mechanics' Lien Law of 1963 (49 P.S. S 1401, ct..seq.).
(B) Tenant shall not suffer any mechanics' or materialmen's lien to be filed against the Leased
Premises or the Shopping Center by reason of work, labor, services or materials performed or furnished to
Tenant or anyone holding all or any part of the Leased Premises under Tenant. If any such lien shall at any
time be filed as aforesaid, Tenant may contest the same in good faith but notwithstanding such contest,
Tenant shall, within 15 days after the filing thereof, cause such lien to be released ofrecord by payment,
bond, order of a court of competent jurisdiction, or otherwise.
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In the event that Tenant fails to take the actions that are necessary to cause such lien to be released
then the Owner shall have the right to take whatever actions are necessary to have said liens released. In such
event, Tenant agrees to reimburse the Owner for all costs incurred by the Owner, including attorneys' fees.
A failure by the Tenant to reimburse the Owner these costs shall be a default by Tenant pursuant to Article
XV III.
(e) Tenant shall not create or suffer to be created a security interest or other lien against any
improvements, additions or other construction made by Tenant in or to the Leased Premises or against any
equipment or fixtures installed by Tenant therein (other than Tenant's Property).
Section R 04 Tenant's Signs.
Tenant shall not install any sign, billboard, marquee, awning, placard, lettering, advertising matter
or other thing of any kind, whether permanent or temporary, on the exterior of the Leased Premises, or in or
on any glass window, window showcase, or door of the Leased Premises until the same has been approved
by the Owner in writing. Owner has the right to control the size, location, design and materials of the same
for the purpose of establishing and maintaining the appearance of the Shopping Center.
ARTIer E IX - MAINTENANCE OF I.EASED PREMISES' Rlfl ES AND REGULATIONS
~ 01 Mainlenanee by:venant
-Subject to the provisions of Articles XVI and XVlI, Tenant shall, at its sole cost, keep and maintain
the interior of the Leased Premises [together with exterior (i) feature lighting, (ii) windows, including sashes,
(iii) heating, ventilating and air conditioning equipment and sewer and other lines serving the Leased
Premises exclusively, (iv) doors, including frames, locks, hardware and track, (v) store front of the Leased
Premises, and (vi) signs and other equipment referred to in Section 8.04], including without limitation, the
partitions, ceiling, interior portions of exterior walls, floor covering therein, and the fixtures, equipment,
machinery, appliances and utility lines therein and appurtenances thereof [such as, but not limited to, lighting
fixtures and lenses and such fixtures, equipment, machinery controls, appliances and utility lines and
appurtenances thereof, as are used for, in connection with or which are a part of the electrical, plumbing,
heating, air conditioning, ventilating, sprinkler, or any other mechanical systems in or serving the Leased
Premises], in conformity with all rules and regulations of Owner's hazard insurer, neat and clean and in good
order, condition, maintenance and repair. Tenant shall also at its cost procure and maintain in the Leased
premises all safety appliances required by Owner's hazard insurer to be maintained therein. Tenant shall
replace any and all plate, window and other glass (structural or otherwise) in, on or about the Leased
Premises, which may be broken or destroyed, with glass of the same or similar quality. Before undertaking
repairs to the Leased Prel1)i (other than minor interior non-structural repairs), Tenant shall first obtain
Owner's approval of the IJI~ s an specifications therefor, which approval is not to be unreasonably withheld.
Owner shall authorize 011~ (1) he 109 ann ai!:.:on~tioning contractor who shall provide a complete service
and maintenance contract., ant who shall be the named party on the contract for the changing of Iilters
at least once per month, the monthly inspection of the HV AC equipment serving the Leased Premises,
including a written report of the condition there of to be provided to Owner and Tenant, the periodic oiling
of the equipment where required, the tightening of belts, the filling of pitch pans and the sealing of water
leaks, among other things. The service and maintenance contract and its related costs shall be the sole cost
and expense of the Tenant. The existence of a service contract with an Owner approved vendor shall not
relieve Tenant of its obligations to maintain and repair such equipment as above provided.
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Seetion 9 07. Maintenance by Owner
i
Subject to the provisions of Articles XVI and XVII and to the obligations of Tenant under the
provisions of Sections 9.01, the foundations, roof (excluding interior ceilings), and exterior portions of the
exterior walls (excluding store front) o[the Leased Premises shall be maintained by Owner at its expense in
good order, condition, maintenance and repair. Owner shall not be deemed to have breached its obligation
to make the repairs required of Owner as set forth in this Section, or to be liable for any damages resulting
therefrom, unless Owner fails to make the same within a reasonable period (taking into consideration the type
of repair involved) after receiving notice from Tenant ofthe need therefor.
Section 9 03 Rules and Regulatioos..
Tenant agrees to comply with and observe the rules and regulations set forth in Exhibit C. Owner
reserves the right, at any time, once or more often, by notice to Tenant, to amend or supplement said rules
and regulations in a reasonable and non-discriminatory manner.
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, Tenant shall keep in ce with an insurance company authorized to do business in the State in which
'the-Leased Premi~es are ocated and which has a Best's Insurance Guide Rating of A+:XV ("Qualifkll.
Carrier"), a policy of comprehensive public liability insurance, including property damage, with respect to
the Leased Premises and the business operated by Tenant and any other occupant of the Leased Premises,
in which the limits of coverage shall not be less than $3,000,000.00 (combined single limit bodily injury and
property damage). Such policy shall also insure the perfornlance by Tenant of the indemnity agreement set
forth in Section 10.04. In addition to Tenant, the policy shall also name Owner and any other person, firm
or corporation designated by Owner and in privity with it, as an additional insured. Tenant shall continually
provide Owner with a certificate of such insurance (the first of which shall be provided prior to
commencement of Ten ant's Work), which shall provide that the insurer will give Owner at least 30 days'
written notice prior to any cancellation of, lapse or material change in the insurance. The insurance required
in this Section and in Section 10.02 may be covered under a so-called "blanket" policy covering other stores
of Tenant and its affiliates.
Section 10 02 Fire Insurance
Tenant shall keep in force with a Qualified Carrier fire insurance (with extended coverage and
vandalism and malicious mischief coverage), water damage, sprinkler leakage and plate glass insurance, on
the standard forms, insuring all of Ten ant's Property in the Leased Premises, and all bettemlents, additions,
repairs, improvements and alterations made to the Leased Premises by Tenant, and all plate glass windows,
plate glass doors and other plate glass in the Leased Premises, in an amount equal to 100% of the replacement
cost thereof. The proceeds of such insurance shall be held in trust by Owner and Tenant for use in repairing
and restoring the items covered thereby and the proceeds shall be made payable to Owner and Tenant and
may only be disbursed jointly by Owner and Tenant. The foregoing policy of insurance shall be issued in
favor of and in the names of Owner and Tenant, as their interests may appear, and Tenant shall furnish Owner
and the holder of any mortgage on the Leased Premises with a certificate evidencing such coverage, which
certificate shall provide that the insurance shall not be canceled, materially amended or allowed to lapse
without thirty (30) days' prior written notice thereof being given by the insurance carrier to Owner.
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&.ctjon 1001 Insurance on flllildings and Improvements in Ihe Shopping Center
(A) In each calendar year during the term, Tenant shall pay to Owner an amount (the "Tenant's
Insurance Contrihution") equal to a proportion of the "Insurance Cost" (as defined in paragraph (B) of this
Section). Tenant's Insurance Contribution for each calendar year during the term shall be that portion of the
Insurance Costs for such calendar year equal to the product obtained by multiplying the Insurance Cost for
such calendar year by Tenant's Percentage Share (hereinafter defined in Section 23.04) as of the first day of
such calendar year.
(B) The term "Insurance Cost" shall mean the total cost of insuring the buildings and
improvements in the Shopping Center (including Common Facilities), including public liability, (including
"umbrella coverage"), workmen's compensation and hazard insurance (including rental value insurance, fire
and extended coverage [with vandalism and malicious mischief endorsement]; boiler and machinery, and all-
risk policies).
(C) Tenant's Insurance Contribution shall be paid in monthly installments on the first day of each
calendar month during the tenn in advance, in an amount reasonably estimated by Owner. Owner's estimate
of Tenant's Insurance Contribution for the calendar year in which this Lease commences is set forth in
Section A-I of the Basic Lease Provisions. Within 90 days after the end of each calendar year during the
term, Owner shall furnish Tenant with a statement summarizing the actual Insurance Cost for such calendar
year and setting forth the method by which Tenant's Insurance Contribution was determined as herein
provided and Owner andTenant shall then adjust any overpayment or underpayment by Tenant of Tenant's
Insurance Contribution for such calendar year with any resultant payment to be due within thirty (30) days.
Any claim by Tenant for revision of any statement submitted by Owner hereunder for any such calendar year,
which claim is not made within 90 days after receipt of such statement, shall be deemed waived and
discharged. For the calendar year in which this Lease commences or terminates, Tenant's Insurance
Contribution shall be prorated, if applicable, on the basis of a 360-day year.
(D) Tenant shall provide Owner on an annual basis with proof of all insurance policies which
shall provide that the insurer will give the Owner at least 30 days' written notice prior to any cancellation of,
lapse of or material change in the insurance.
Section ]004 RllsineS' I.iahility Insurance. Tenant shall keep in force with a Qualified Carrier, a policy
to cover business liability, including premises operations liability and business interruption liability, in which
the limits of coverage shall not be less than $1,000,000.00, single limit. In addition to Tenant, the policy shall
name Owner as an additional insured. Tenant shall continually provide Owner with a certificate of such
insurance which shall provide that the insurer will give the Owner at least 30 days' written notice prior to any
cancellation of, lapse or material change in the insurance.
Section 1005 Indemnification
Tenant will, subject to the provisions of Section 10.06, indemnify, save harmless and defend Owner
and its officers, agents and servants, from and against any and all claims, actions, liability and expense in
connection with loss oflife, bodily injury and/or damage to property arising from or out of any occurrence
in, upon or at the Leased Premises, or the occupancy or use by Tenant, its agents, employees, servants,
subtenants, licensees or concessionaires, of the Leased Premises or any part thereof, or outside the Leased
Premises which is occasioned wholly or in part by any willful or negligent act or omission of Tenant, its
agents, employees, servants, subtenants, licensees or concessionaires, unless the same be caused by the
willful or negligent act or omission of Owner, its agents, employees or servants.
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Section 1006 Waiver of Suhrogation; I.imitation of liability.
(A) Anything in this Lease to the contrary notwithstanding, it is agreed that each party (the
"Releasing Party") hereby releases the other (the "Released Party") from any liability which the Released
Party would, but for this Section 10.05, have had to the Releasing Party during the term of this Lease,
resulting from the occurrence of any accident or occurrence or casualty (i) which is or would be covered by
an "all-risk" policy (ilTespective of whether such coverage is being carried by the Releasing Party), or (ii)
covered by any other casualty or property damage insurance being carried by the Releasing Party at the time
of such occurrence, which accident, occurrence or casualty may have resulted in whole or in part from any
act or neglect of the Released Party, its officers, agents or employees; PROVIDED, HOWEVER, the release
hereinabove set forth shall become inoperative and null and void if the Releasing Party wishes to place the
appropriate insurance with an insurance company which (a) takes the position that the existence of such
release vitiates or would adversely affect any policy so insuring the Releasing Party in a substantial manner
and notice thereof is given to the Released Party, or (b) requires the payment of a higher premium by reason
of the existence of such release, unless in the latter case the Released Party within 10 days after notice thereof
from the Releasing Party pays such increase in premium.
(B) Anything in this Lease to the contrary notwithstanding, it is agreed that Owner shall not be
liable for any damage arising from the willful or negligent act or omission of any other tenant or occupant
of the Shopping Center.
Seetion 10 07 Notice hy Tenant
Tenant shall within 24 hours after the occurrence of any casualty damage to or accidents in the
Leased Premises, give Owner notice of such casualty damage or accident.
ARTIer E XI -lfTn.rTIES
Section 11 0 I Utility Charges
Tenant shall contract in its own name for and promptly pay all charges for electricity, gas, water,
sewer, telephone and any other utility used or consumed in the Leased Premises to the concern furnishing
the same. In the event that separate service arrangements cannot be provided for any of the above, then the
Tenant agrees to pay their proportionate share of the utility charges which shall be collected as part of the
Common Facilities Contribution set forth in Article VII herein.
Section 1\ 07.. Owner's Liability for Interruption
Owner shall not be liable in any way to Tenant or to any other party occupying any part of the Leased
Premises for any failure or defect in or of any utility service furnished to the Leased Premises or the Common
Facilities, by reason of any requirement, act or omission of the public utility company serving the Shopping
Center with electricity, water or other utility service, or because of necessary repairs or improvements, or by
reason of any cause referred to in Section 23.02.
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ARTICLE XII - ESTOPPEL CERTIFICATE; ATTORNMENT; PRIORITY OF I EASE' RIGHTS OF
MORTGAGEE
Section 17. 01 Estoppel Certificate
Tenant agrees, within 10 days after written request by Owner, to execute, acknowledge and deliver
to and in favor of any proposed mortgagee or purchaser of the Shopping Center, an estoppel certificate, in
the form customarily used by such proposed mortgagee or purchaser, evidencing the status of performance
under this Lease and the terms of this Lease. Tenant agrees, within 10 days after written request by Owner,
to deliver to Owner a current financial statement of Tenant, duly certified by an officer thereof (if Tenant is
a corporation) and an independent certified public accountant and such other financial information of Tenant
as Owner shall reasonably request.
Section 1202 Attornment
Tenant shall, in the event any proceedings are brought for the foreclosure of, or in the event of the
exercise of the power of sale under, any mortgage made by Owner covering any part of the Shopping Center,
or in the event of any sale of the Shopping Center, attorn to the purchaser upon any such foreclosure or sale
and recognize such purchaser as Owner under this Lease. Upon the request of any interested party, Tenant
shall execute, acknowledge and deliver an instrument, in form and substance satisfactory to such party,
evidencing the attornment provided for in this Section.
Section I? 01 Priority of I ease.,.
Upon written request of the holder of any first mortgage now or hereafter covering any part of the
Shopping Center, Tenant will subordinate its rights under this Lease or make this Lease prior in right and
priority to the lien thereof and to all advances made or hereafter to be made upon the security thereof, and
Tenant shall, within ten (10) days after written demand therefor, execute, acknowledge and deliver an
instrument, in the form customarily used by such encumbrance holder, effecting such priority; PROVIDED,
HOWEVER, at the option of the holder of such mortgage, such holder shall be entitled to effect such priority
by filing a unilateral declaration to that effect with the recorder of deed in the County and State in which the
Leased Premises is located.
Section I? 04 Rig:htR of Owner', Mortg:ag;ee
Within to days after demand by the holder of any mortgage covering all or any part of the Shopping
Center, Tenant shall execute, acknowledge and deliver an agreement in favor of and in the form customarily
used by such encumbrance holder, by the terms of which Tenant will agree to give prompt notice to such
encumbrance holder in the event of any casualty damage to the Leased Premises or in the event of any default
on the part of Owner under this Lease, and will agree to allow such encumbrance holder a reasonable length
of time (taking into consideration for the purpose of determining such pemlitted length of time any delays
encountered by reason of any of the causes referred to in Section 23.02), after notice to cure or cause the
curing of such default before exercising Tenant's rights of self-help under this Lease, if any, or terminating
or declaring a default under this Lease. In addition, within 10 days after demand by the holder of any such
mortgage or after demand by owner, Tenant shall deliver to such encumbrance holder a current financial
statement of Ten ant and such other financial information as such holder or Owner shall reasonably request.
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A RTIG.E xrrr - ASSIGNMENT Sl fRI .ETTING ANI) CORPORATE OWNERSHIP
Seclion 1301 Consent Required
(A) Tenant shall not voluntarily, involuntarily or by operation oflaw assign or encumber this Lease,
in whole or in part, nor sublet all or any part of the Leased Premises without the prior consent of Owner in
each instance. Notwithstanding any assignment or subletting, Tenant shall remain fully liable under this
Lease and shall not be relieved from performing any of its obligations hereunder. As a condition to any
assignment of this Lease by Tenant which is pernlitted under this Lease, the assignee thereof shall be required
to execute and deliver to Owner an agreement in recordable form, whereby such assignee assumes and agrees
with Owner to discharge all obligations of Tenant under this Lease.
(B) If Tenant shall request Owner's consent to an assignment of this Lease and Owner shall consent
thereto, the assignee ("Assignee") shall pay directly to Owner, as additional rent hereunder, at such times as
the Assignee shall have agreed to pay Tenant, an amount equal to any consideration the Assignee shall have
agreed to pay Tenant on account of such assignment. If Assignee shall fail to pay Owner any such
consideration when due, such failure shall constitute a default under this Lease.
(C) If Tenant shall request Owner's consent to a subletting of the Leased Premises or any part
thereof and Owner shall consent thereto, Tenant shall pay Owner, as additional rent, in addition to the Annual
Millimum Rent and other charges payablc hereunder, an amount equal to any consideration paid by the
subtenant to Tenant in excess of (i) the Annual Minimum Rent and other charges payable hereunder if all of
the Leased Premises are so sublet or (ii) if less than all of the Leased Premises are so sublet, the Annual
Minimum Rent and other charges payable hereunder allocable to the portion of the Leased Premises so sublet
based on the number of square feet of Gross Leasable Area in the Leased Premises so sublet divided by the
total number of square feet of Gross Leasable Area in the Leased Premises prior to such subletting. The
foregoing amount shall be determined monthly and paid by Tenant to Owner on the first day of each calendar
month in advance during the term of such sublease. If Tenant shall fail to pay Owner any such consideration,
such failure shall be a default under this Lease.
3.el;,tion I, 02 Corporate Ownership.
Ifat any time during the term a cumulative total of more than 49% of the voting stock of Ten ant (it
Tenant shall be a corporation) shall be transferred, directly or indirectly, by sale, assignment, gift or in any
other manner, any such transfer shall, unless made with Owner's prior consent, be deemed an unauthorized
assignment of this Lease and a default by Tenant under this Lease.
Section 13 03 Owner's R ig-ht to Assign
If Owner conveys or transfers its interest in this Shopping Center or in this lease (which sale or
transfer may be effected without Tenant's consent), upon such conveyance or transfer, Owner (and in the case
of any subsequent conveyances or transfers, the then grantor or transferor) shall be released of and from all
liability with respect to the performance of any covenants and obligations on the part of Owner to be
performed after the date of such conveyance or transfer; it being intended hereby that the covenants and
obligations on the part of Owner to be performed under this Lease shall, subject to the provisions of Section
21.0 I, be binding on Owner, its successors and assigns, only during and in respect of their respective periods
of ownership of an interest in the Shopping Center or in this Lease.
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ARTICI.E XIV - WASTE' HAZARDOUS WASTE' GOVERNMENTAL ANn INSIIRANCE
REGI JI.A TIONS
Section 1401 WaMe nr Nuisance
Tenant shall not commit or suffer to be committed (i) any waste in or upon the Leased Premises or
(ii) any nuisance or any other act or thing (whether a nuisance or otherwise) which may disturb the quiet
enjoyment of any other tenant or occupant in the Shopping Center or its or their customers or other invitees.
Section 1407. Hazardolls Waste
(A) Tenant hereby covenants, represents and warrants that it shall not generate, transport, handle,
store or otherwise encounter in, on or about the Real Property, any hazardous waste or substance (for
purposes of this Section herein called "hazardous waste") as defined by the applicable federal, state or local
environmental or occupational standards, including but not limited to material defined as such in, or for
purposes of, the Comprehensive Environmental Response, Compensation and Liability Act of 1980
("CERCLA"), as amended by the Superfund Hazardous Materials Transportation Act (49 U.S.C. ~ 1802 et
seq.), the Resource Conservation and Recovery Act ("RCRA") (42 U.S.C. g 1802, d seq.), the Federal Water
Pollution Control Act (33 U.S.c. S 1251, d &:q.), the Safe Drinking Water Act (42 U.S.c. S300(f), d &:q.),
the Toxic Substance Control Act (15 U.S.c. g2601, d &:q.), the Clean Air Act (42 U.S.C g7401, d &:q.), or
any other federal, state or local statute, ordinance, code, rule, regulation, order or decree regulating, relating
to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste,
substance, element or material as now or at any time hereafter in effect or amended (for purposes of this
Section herein collectively called the "Laws"). Tenant further covenants, represents and warrants that there
will be no underground storage tanks in, on, under, within or about the Real Property. '
(B) Tenant shall not use, store or permit to be stored on the Leased Premises any asbestos in any
form, urea formaldehyde foam insulation, transformers or other equipment which contains dielectric fluid
or other fluids containing levels of polychlorinated biphenyls in excess of fifty (50) parts per million. If
Tenant shall utilize the Leased Premises for medical office purposes, Tenant shall dispose of all syringes,
blood products, "sharps", medical instruments and all other types of medical waste in a safe, clean, sanitary
manner and in accordance with all applicable laws and regulations.
(C) Tenant covenants, represents and warrants that it will indemnify and hold Landlord hannless
from and against any and all liability, actions, claims, losses, damages and expenses arising out of, or in any
way relating to, a breach of the representations, warranties, covenants and agreements set forth in this
Section, including: (a) claims of third parties (including governmental agencies) for damages, including
personal injury or property damages, penalties, response costs, injunctive or other relief; (b) costs or removal
and restoration, including fees. of attorneys and experts, costs of reporting to any governmental agency the
existence of hazardous substances, hazardous waste, pollutants and/or contaminants and costs of preparing
or causing to be prepared any and all studies, tests, analyses or reports in connection with any environmental
matter; (c) all expenses or obligations, including attorneys' fees, incurred at, before and after any trial or
appeal therefrom whether or not taxable as costs, including attorneys' fees, witness fees, deposition costs and
other expenses; (d) all other costs, expenses and liabilities arising from Tenant's violation of the laws or any
other environmental regulation now in force or hereafter enacted; and (e) Tenant's disposal of medical waste
as set forth in paragraph (A) above. The obligations of Ten ant as contained in this Section shall survive the
termination of the Lease.
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Section 1403 Governmental and InslIranee Ree"lations
Tenant shall, at Tenant's sole cost, comply with all of the requirements of all governmental authorities
(including without limitation those requiring replacements, additions, repairs and alterations, [structural or
otherwise]), and with all directions, rules, regulations and recommendations of Owner's hazard insurer now
in force, or which may hereafter be in force, pertaining to (i) the Leased Premises, (ii) all of Tenant's Pr;perty
in the Leased Premises and (iii) the use and occupancy of the Leased Premises.
ARTICLE XV - MERCHANTS ASSOCIATION
~ection 15 01 Merchant!=>' As~oci::ltion
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,/ -- If Owner or the tenants of the Shopping Center shall elect to form a Merchant's Association, Tenan>
shall become a member of, as soon as formed, participate fully and remain in good standing in an association \
(the "Associatinn"), the object of which shall be the general furtherance of the business interests of tenants
in the Shopping Center by sales promotions. Tenant agrees to pay monthly dues to the Association in the
amount from time to time established by the Association. So long as the Association is in full force and
effect and Tenant and the other tenants of the Shopping Center are members thereof and are paying dues
thereto, Owner shall not create a Promotion Fund or require Tenant to pay any sums to a Promotion Fund.
Only such Shopping Center tenants who subsequently agree with Owner or have previously agreed throug
a similar clause in their own Lease Agreement with Owner shall be bound by such a Merchant's Associ~e
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<;<;ectinn 15 02 Prnmotinn FIIIP\..'7
If an Association is not fOlmed by the tenants of the Shopping Center or Owner, or if an Association
is formed but is inactive or ceases to exist (i.e. Tenant and the other tenants are not required to payor are not
paying dues to the Association), then Owner may cause a Promotion Fund (the "Promotinn FlInd") to be
established. The Promotion Fund shall be used solely for center wide advertising, promotion and public
relations and administrative expenses relating thereto (including the hiring of a Promotion Director) at such
times and in such manner as shall be determined by Owner. Upon the establishment of the Promotion Fund,
and in each calendar year thereafter during the term, Tenant shall pay to Owner, for deposit by Owner in the
Promotion Fund, an amount per annum (the "Promntinn Charge"), equal to the greater of (i) a sum computed
by multiplying the number of square feet of Gross Leasable Area in the Leased Premises by 0.10, or (ii)
$600.00, subject, however, to adjustment as hereinafter provided. At the end of each calendar year during
the term, the amount computed in the preceding sentence shall be adjusted upward (but not downward) for
the next ensuing calendar year in the same percentage proportion that the "Consumer's Price Index,
Philadelphia area (CPI) shall have increased over the price index for the first full calendar month of the term
of this Lease. In the event (i) the CPI is discontinued, comparable statistics on the purchasing power of the
consumer dollar, as published at the time of said discontinuation by a responsible financial periodical of
recognized authority selected by Owner, shall be used for making the above computation, and (ii) the base
year or other base year used in computing the CPI is changed the figures used in making the foregoing
adjustments shall accordingly be changed so that all increases in the CPI are taken into account
notwithstanding any change in the base year. The annual charge payable by Tenant under this paragraph
shall be paid in equal monthly installments on the first day of each calendar month in advance and shall be
prorated for any partial calendar month or partial calendar year during the term of this Lease. Only such
Shopping Center tenants who subsequently agree with Owner or who have previously agreed through a
similar clause in their own Lease Agreement with Owner shall be required to contribute to the Promotion
Fund.
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Seetion ] S 01 Advertising
Tenant agrees to advertise Tenant's business in the Leased Premises in special Shopping Center
newspaper sections or tabloids (or in electronic media) sponsored by Owner or by the Association for
advertising by tenants in the Shopping Center; and in connection therewith, if Owner or the Association
designates print media, Tenant agrees to purchase, not less than four (4) times each calendar year, advertising
space therein in accordance with the following schedule.
Gross Leasable Area
ofT,eased Premises
Required Size of
Advertisement
Tahloid
Newspaper
10,00 I square feet
or more
I page
y, page
5,00 I to 10,000
square feet
\I, page
y, page
5,000 square feet
or less
y.. page
'/8 page
If Owner or the Association designates electronic media advertising, Tenant shall purchase advertising time
therein equivalent in cost to the cost of the aforesaid print media requirement and such electronic media
advertising shall he applied toward Tenant's performance of its minimum advertising requirement hereunder.
Any advertising done by Tenant pursuant to this paragraph or other wise with respect to the Leased Premises
shall in the advertising copy name the Shopping Center and the address of the Shopping Center. rfTenant
shall fail to timely submit its copy of such advertising, Owner shall have the right (but not the obligation),
in addition to its other rights and remedies, to submit copy consisting of Tenanl's Trade Name (or such tradc
name as Tenant may then be using in the operation of the Leased Premises) and the address of the Leased
Premises, to the printer (or to the electronic media representative, as the case may be) for inclusion in such
advertising media on behalf of and for the account of Tenant. rfTenanl shall fail to pay for such advertising,
then Owner may (but shall not be obligated to) pay the cost thereof, and all sums so expended by Owner shall
be reimbursed by tenant to Owner upon demand and shall constitute additional rent. Within 30 days
following the end of each calendar year, Tenant shall submit to Owner a statement, certified by Tenant (or
by an officer of Tenant), showing the amounts expended by Tenant for advertising its business in the Leased
Premises as required in this paragraph, and, to the extent such expenditures shall be less than that required
by this paragraph, the amount of such deficiency shall be payable by Tenant to the Association or the
Promotion Fund, as the case may be, with its next installment of dues to the Association or the Promotion
Fund, as the case may be. Only such Shopping Center tenants who subsequently agree with Owner orsuch
tenants who have previously agreed through a similar clause in their own Lease Agreement with Owner shall
be bound by this Advertising requirement.
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ARTICl E XVI - DESTRIJCTION
~edion 1 fi 01 f)eslrllclioll of 1 easen Premise,,::;
(A) If the Leased Premises are damaged or destroyed by fire or other casualty insurable under
standard fire and extended coverage insurance so as to become partially or totally untenantable, the same,
unless this Lease is terminated as provided in paragraph (B), shall be repaired and restored by Owner and
Tenant with due diligence, and during such restoration period, the Annual Minimum Rent (but not the Annual
Percentage Rent) and other charges payable hereunder shall equitably abate to the extent the Leased Premises
are materially affected thereby. Owner's obligation under this paragraph (A) to repair and restore shall be
limited to the repair and restoration of those pal1s of the Leased Premises which were originally constructed
and or installed by Owner at its expense including but not limited to Owner's Work set forth in Exhibit B.
All other repair and restoration shall be the responsibility and at the expense of the Tenant.
(B) If the Leased Premises are damaged or destroyed to the extent the cost of restoration thereof
would exceed 15% of the amount it would have cost to replace the Leased Premises in its entirety at the time
such damage or destruction occurred, then Owner may elect to terminate this Lease by giving notice to
Tenant of its election to do so within 30 days after such occurrence. If Owner exercises its right to terminate
this Lease, then this Lease shall cease, effective as of the date of such damage or destruction, and all rent and
other charges payable by Tenant shall be adjusted as of that date.
Seetion 1602 Destruction of Shopping- Center
Notwithstanding anything to the contrary set forth in Section 16.0 I, in the event all or any portion
of the Shopping Center shall be damaged or destroyed by fire or other cause (notwithstanding that the Leased
Premises may be unaffected thereby), to the extent the cost of restoration thereof would exceed 25% of the
amount it would have cost to replace the Shopping Center in its entirety at the time such damage or
destruction occurred, then Owner may terminate this Lease by giving to Tenant 30 days' prior notice of
Owner's election so to do, which notice shall be given, if at all, within 90 days following the date of such
occurrence. In the event of the termination of this Lease as aforesaid, this Lease shall cease 30 days after
such notice is given, and the rent and other charges hereunder shall be adjusted as of that date.
ART1('[.E XVII- EMINENT DOMAIN
Section 17 0 I Condemnation of I ,eased Premises
In the event of any condemnation or conveyance in lieu thereof of the Leased Premises or the
Shopping Center, or both, whether whole or partial, Owner may terminate this Lease, and in any event,
Tenant shall have no claim against Owner or the condemning authority for the value of the unexpired term,
and Tenant shall not be entitled to any part of the compensation or award, whether paid as compensation for
diminution in value to the leasehold or to the fee of the Leased Premises, and Owner shall receive the full
amount thereof, Tenant hereby waiving any right to any part thereof and assigning to Owner its interest
therein.
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ARTICI E XVlT! - TENANT'S DErAlII.T' AND SEClJRITY DEPOSIT
''y
Section I R 0 I Def""lt hy Ten"nt. 6€- 'It ~
[fthe Annual Minimum Rent, Annual ['ercenl ge Rent, additional rent, or any other charge payable
by Tenant under this Lease shall be unpaid on the date payment is required by the terms hereof and shall
remain so for a period of 5 days after Owner gives Tenant notice of such default, or if Tenant fails to pcrform
any of the other terms, conditions, covenants and obligations of this Lease to be observed and performed by
Tenant for more than 21 days after Owner gives Tenant notice of such default (it being agreed that a default,
other than the failure to pay money, which is of such a character that rectification thereof reasonably requires
longer than said 21 day period and completes the same with due diligence), or if Tenant shall vacate or
abandon the Leased Premises (it being agreed that, subject to the provisions of Articles XVI and XVII and
to Section 23.02, Tenant's failure to operate its business in the Leased Premises for seven consecutive days
or more shall conclusively be deemed an abandonment) or suffer this Lease to be taken under any writ of
execution, attachment or other process of law, or if this Lease shall by operation of law devolve upon or pass
to any other party other than a party, if any, to whom Tenant is authorized to assign this Lease by the
provisions of Section 13.01, or ifan "Act of Bankruptcy" (as defined in Section 18.02) shall occur, or if
Owner shall have notified Tenant of Ten ant's default three (3) or more times in any twelve calendar month
period, then, in any of such events, Owner shall have, besides its other rights or remedies, the following
immediate rights:
(I) At its option, to terminate this Lease and the term hereby created without any right on the
part of Ten ant to waive the forfeifure by payment of any sum due or by other performance of any condition,
term or covenant broken, whereupon Owner shall be entitled to recover, in addition to any and all sums and
damages for violation of Tenant's obligations hereunder in existence at the time of such termination, damages
for Tenant's default in an amount equal to the amount of the rent reserved for the balance of the teml of this
Lease, as well as all other charges, payments, costs and expenses herein agreed to be paid by Tenant, all
discounted at the rate of six percent (6%) per annum to their then present worth, less the fair rental value of
the Premises for the remainder of said term, also discounted at the ralc of six percent (6%) per annum to its
then present worth, all of which amount shall be immediately due and payable from Tenant to Owner.
(2) At its option, by notice to Tenant, to re-enler and take possession of the Leased Prcmises
without terminating this Lease. No re-entry or taking possession of the Leased Premises by Owner pursuant
to this clause (2) shall be constmed as an election on its part to terminate this Lease unless a notice of such
intention is given to Tenant (all other demands and notices of forfeiture or other similar notices being hereby
expressly waived by Tenant).
(3) At its option, to require that upon (i) any termination ofthis Lease, whether by lapse of time
or by the exercise of any option by Owner to terminate the same or in any other manner whatsoever, or (ii)
any termination of Tenant's right to possession without termination of this Lease, Tenant shall immediately
surrender possession of the Leased Premises to Owner and immediately vacate the same, and remove all
effects therefrom, except Stich as may not be removed under other provisions of this Lease.
(4) At its option, to make such alterations and repairs as Owner shall determine may be
reasonably necessary to relet the Leased Premises, and to relet the same or any part thereof for such term or
terms (which may be for a term extending beyond the term of this Lease) and upon such terms and conditions
as Owner in its sole discretion may deem advisable. Upon each reletting, all rentals received by owner from
such reletting shall be applied as follows: first, to the payment of any indebtedness other than rent or other
charges due under this Lease from Tenant to Owner; second to the payment of any reasonable costs and
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expenses of such relelling, including brokerage fees and attorneys' fees and costs of such alterations and
repairs, each of which fees and costs shall be reasonable in amount; and third, to the payment of rent and
other charges due and unpaid hereunder. In no event shall Tenant be entitled to receive any surplus of any
sums received by Owner on a relelling in excess of the rental and other charges payable hereunder. If such
rentals and other charges received from such relelling during any month are less than those to be paid during
that month by Tenant hereunder, Tenant shall pay any such deficiency to Owner (notwithstanding the fact
that Owner may have received rental in excess of the rental and other charges payable hereunder in previous
or subsequent months), such deficiency to be calculated and payable monthly. Notwithstanding any reletting
without ternlination, Owner may at any time thereafter elect to terminate this Lease for such previous breach
in the manner provided in this Section.
(5) If Tenant shall default in the payment of the rent herein reserved or in the payment of any
other sums due hereunder by Tenant, Tenant hereby authorizes and empowers any Prothonotary or attorney
of any court of record to appear for Tenant in any and all actions which may be brought for said rent and/or
said other sums; and/or to sign for Tenant an agreement for entering in any competent court an amicable
action or actions for the recovery of said rental and/or other sums; and in said suits or in said amicable action
or actions to confess judgment against Tenant for all or any part of said rental and/or said other sums,
including but not limited to the amounts due from Tenant to Owner under subparagraphs (I), (2), (3) and/or
(4) of the Paragraph; and for interest and costs, together with any attorneys' commission for collection often
percent (10%). Such authority shall not be exhausted by one exercise thereof, but judgment may be
confessed as aforesaid from time to time as often as any of said rental and/or other sums shall fall due or be
in arrears, and such powers may be exercised as well after the expiration of the initial term of this Lease
and/or during any extended or renewal term of this Lease and/or after the expira 'on:9f any extended or
renewal term of this Lease. .'
(6) When this Lease and the tenn of any extension or renewal thereof shall have been terminated
on account of any default by Tenant hereunder, and also when the term hereby created or any extension or
renewal thereof shall have expired, it shall be lawful for any attorney of any court of record to appear as
attorney for Tenant as well as for all persons claiming by, through or under Tenant, and to sign an agreement
for entering in any competent court an amicable action in ejectment against Tenant and all persons claiming
by, through or under Tenant and therein confess judgment for the recovery by Owner of possession of the
Premises, for which this Lease shall be his sufficient warrant; thereupon, if Owner so desires, an appropriate
writ of possession may issue forthwith, without any prior writ or proceeding whatsoever, and provided that
if for any reason after such action shall have been commenced it shall be determined that possession of the
Premises remain in or be restored to Tenant, Owner shall have the right for the same default and upon any
subsequent default or defaults, or upon the termination of this Lease or Tenant's right of possession as
hereinbefore set forth, to bring one or more further amicable action or actions as hereinbefore set forth to
recover possession of the Premises a confess judgment for the recovery of possession of the Premises as
hereinbefore provided. 0- wiJ . Sb
(Tenant) /
(7) In any amicable action of ejectment and/or for rent and/or other sums brought hereon, Owner
shall first cause to be filed in such action an affidavit made by Owner or someone acting for Owner, setting
forth the facts necessary to authorize the entry of judgment, of which facts such affidavit shall be prima facie
evidence, and if a true copy of this Lease (and of the truth of the copy such affidavit shall be sufficient
evidence) shall be filed in such suit, action or actions, it shall not be necessary to file the Ori~~~ as a ;varra.nt
of at tomey, any rule or Court, custom or practice to the contrary notwlthstandlllg. -6- /~~ _ '56
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(8) At its option, to collect from Tenant any other loss or damage which Owner may sustain by
reason of any breach and any diminished value of the Leased Premises resulting from said breach.
Tenant hereby waives and releases all errors and defects which may intervene in the Owner's
exercise of any of its remedies hereunder, including the summary remedies; Tenant further waives the right
of inquisition on any real estate levied on and Tenant voluntarily consents to an immediate execution upon
any judgment obtained by Owner; Tenant also waives and releases all relief from any and all appraisement,
stay or exemption law of any state now in force or hereafter en ted; Tenant waives any notice to quit
required by any law now in force of hereafter enacted. '
Nothing in this Section shall be deemed to limit Owner's rights and remedies in the event of a default
by Tenant, and the Owner's rights and remedies set forth in this Lease shall be in addition to those available
to Owner at law or in equity.
Seetion 18 02 Rankrllptcy
(A) Ifat any time prior to or after the commencement of the term of this Lease there shall be filed
by Tenant or Guarantor, in any court pursuant to any statute either of the United States or of any State, a
petition in bankruptcy (including, without limitation, a petition for liquidation, reorganization or for
adjustment of debts of an individual with regular income), or if any case, proceeding or other action shall be
commenced seeking to have an order for relief entered against Tenant or Guarantor as a debtor in bankruptcy
proceedings or to adjudicate Tenant or Guarantor a bankrupt or insolvent, or seeking reorganization,
arrangement, adjustment, liquidation, dissolution or composition of it or its debts under any law relating to
bankruptcy, insolvency, reorganization or relief of debtors, or seeking appointment of a receiver, trustee,
custodian or other similar official for it or for all or any substantial part of its property, and such case,
proceeding or other action results in the entry of an order for relief or is not dismissed within 30 days of the
filing thereof, or if Tenant or Guarantor becomes insolvent or is generally not paying or admits in writing its
inability to pay its debts as they mature, or makes an assignment for the benefit of creditors or petitions for
or enters into an arrangement with its creditors or a custodian is appointed or takes possession of Ten ant's
or Guarantor's property (whether or not a judicial proceeding is instituted in connection with such
arrangement or in connection with the appointment of such custodian), or if Tenant or Guarantor shall take
any action to authorize or in contemplation of any of the events set forth above (each of the foregoing events
to be hereinafter referred to as an "Act of Rankruptcy"), then, in addition to Owner's other rights and
remedies under this Lease and applicable law, this Lease shall, at Owner's option (and if permitted by law),
be temlinated, in which event neither Tenant nor Guarantor, nor any person claiming through or under Tenant
or Guarantor or by virtue of any statute or of an order of any court, shall be entitled to possession of the
Leased Premises, and Owner, in addition to the other rights and remedies given by this Lease, or by virtue
of any statute or rule of law, may retain as liquidated damages any rent, Security Deposit or moneys received
by Owner from Tenant or others in behalf of Tenant. All rent, additional rent and other charges payable by
Tenant under this Lease shall constitute rent for the purpose of applying the provisions of Section 502(b)(7)
of the Federal Bankruptcy Code.
(B) In the event an act of bankruptcy shall occur and this Lease is not terminated pursuant to the
provisions of paragraph (A), the parties agree that:
(i)
If there shall be a default in the payment of Annual Minimum Rent or any additional
rent, or a default in the observance or performance of any other provision of this
Lease binding on Tenant, Owner shall be entitled to immediately discontinue
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furnishing any utilities and other services it has been providing to the Leased
Premises, until such time as such defaults have been fully cured, it being agreed that
the loregoing action by Owner shall in no way cause or result in any abatement of
Annual Minimum Rent or any other charge payable by Tenant during the
continuance of the term o[ this Lease.
(ii) LEthe Lease is assumed by a trustee in bankruptcy, and assigned by the trustee to a
third party, then such party shall (w) execute and deliver to Owner an agreement in
recordable form whereby such party confirms that it has assumed and agrees with
Owner to discharge all obligations (including, without limitation, the provisions of
Article VI respecting the Permitted Use o[ the Leased Premises and the manner of
operation thereof) binding on Tenant under this Lease, (x) represent and warrant in
writing to Owner that such party has a net worth and operating experience at least
comparable to that possessed by Tenant named herein and Guarantor as of the
execution of this Lease, (y) deposit with Owner a Security Deposit and advance rent
equal to that initially deposited by Tenant named herein, and (z) grant Owner, to
secure the performance of such party's obligations under this Lease, a security
interest in such party's merchandise, inventory, personal property, fixtures,
furnishings, and all accounts receivable (and in the proceeds of all of the foregoing)
with respect to its operations in the Leased Premises, and in connection therewith,
such party shall execute such security agreements, financing statements and other
documents (the forms of which are to be designated by Owner) as are necessary to
perfect such lien.
(iii) Lease shall be deemed a lease of "Nonresidential Real Property" within a "Shopping
Center" for the purpose of Section 365 of the Federal Bankruptcy Code.
(C) Any person or entity to which this Lease is assigned pursuant to the provisions of the
Bankruptcy Code, II U.S.C. Section 10 I, ct ~ (the "Bnnkrllptcy Co<k") shall be deemed without further
act or deed to have assumed all of the obligations arising under this Lease on and after the date of such
assignment. If this Lease is assigned to any person or entity pursuant to the provisions of the Bankruptcy
Code, any and all monies or other considerations payable or otherwise to be delivered in connection with such
assignment shall be paid or delivered to Owner, shall be and remain the exclusive property of Owner and
shall not constitute property of Tenant or of the estate of Ten ant within the meaning of the Bankruptcy Code.
Any and all monies or other considerations constituting Owner's property under the preceding sentence not
paid or delivered to Owner shall be held in trust for the benefit of Owner and be promptly paid or delivered
to Owner.
Section I R 01 Owner's Right to Cure Defaults
If Tenant [ails to perform any agreement or obligation on its part to be performed under this Lease,
Owner shall have the right (i) ifno emergency exists, to perform the same after giving IS days' notice to
Tenant; and (ii) in any emergency situation, to perform the same immediately without notice or delay. For
the purpose of rectifying Tenant's defaults as aforesaid, Owner shall have the right to enter the Leased
Premises. Tenant shall, on demand, reimburse Owner for the costs and expenses incurred by Owner in
rectifying Tenant's defaults as aforesaid, including reasonable attorneys' fees. Owner shall not be liable or
in any way responsible for any loss, inconvenience, annoyance, or damage resulting to Tenant or anyone
holding under Tenant for any action taken by Owner pursuant to this Section.
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Section 1 R 04 Security DepusiL
(A) Tenant, contemporaneously with the execution of this Lease, has deposited with Owner the
sum designated as the "Security Deposit" in A-I of the Basic Lease Provisions, receipt of which is hereby
acknowledged. The Security Deposit shall be held by Owner, without liability for interest, as security for
the faithful performance by Tenant of all of the terms, covenants and conditions of this Lease' by Tenant to
be performed. Owner shall not De required to hold the Security Deposit as a separate fund, but may
commingle it with other funds. If after the execution of this Lease Agreement and Owner's receipt of the
Security Deposit, Tenant would fail to commence under the terms of this Lease Agreement, Tenant shall
forfeit the Security Deposit which shall be retained by Owner, this Lease Agreement shall terminate and all
of the Owner and Tenants obligations hereunder shall become null and void.
(B) If at any time during the term any Annual Minimum Rent, Annual Percentage Rent, or
additional rent payable by Tenant shall be overdue, or if Tenant fails to perform any of the other terms,
covenants or conditions to be performed by Tenant, then Owner, at its option, may appropriate and apply all
or any portion of the Security Deposit to the payment of any such overdue Annual Minimum Rent, Annual
Percentage Rent, or additional rent and to the compensation of Owner for loss or damage sustained by Owner
due to a breach by Tenant as aforesaid, without prejudice to Owner's other remedies. Should all or any part
of the Security deposit be appropriated and applied by Owner as provided above, then Tenant shall, upon
demand of Owner, forthwith remit to Owner a sufficient amount in cash to restore the same to the original
sum deposited. Should Tenant comply with all of the tellns, covenants and conditions of this Lease binding
on Tenant, the Security Deposit shall be returned in full to Tenant within 60 days after the later of the
following dates: (i) the date of expiration of the term or (ii) the date Tenant shall deliver to Owner such
inspection reports as Owner shall require selling forth that the Leased Premises were surrendered in
accordance with Section 11.02 of this Lease.
ALTERNATIVE SECTION= NO DEPOSIT
In lieu of the collection of a Security Dcposit, Tenant agrees to pay to Owner the sum of Fti:.J.tI'C'"..:J
IJI.lJO o.efll! D Dollars ($/SbO ."'pas eamest money which represents the first months rent including the
monthly estimated charges specified in Section A-I contemporaneously with the execution of this Lease,
receipt of which is hereby acknowledged. Said sum shall be held by Owner, without liability for interest, and
applied to the first monthly rent when due. Owner shall not be required to hold the eamest money as a
separate fund, but may coming Ie it with other funds. If after the execution of this Lease Agreement and
Owner's receipt of the earnest money, Tenant would fail to commence under the terms of this Lease
Agreement, Tenant shall forfeit the earnest money which shall be retained by Owner, this Lease Agreement
shall terminate and all of the Owner and Tenants obligations hereunder shall become null and void.
ARTICI E XIX - ArCESS RY OWNER
Section 1901 RigbtofEntry
Owner and its designees shall have the right to enter the Leased Premises during reasonable business
hours (except in the event of emergency, when Owner may enter at any time) for all lawful purposes
(including the right to show the Leased Premises to prospective purchasers of the Shopping Center, and,
during the last six months of the term, the right to show the Leased Premises to prospective tenants) and to
whatever extent necessary or appropriate to enable Owner to exercise all of its rights under this Lease
(including without limitation the right to perform certain provisions of this Lease on Tenant's behalf as set
forth in Section 18.02) and to carry out all of Owner's obligations hereunder. Owner and Owner's
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representatives shall also have the right to enter the Leased Premises and to erect scaffolding and barricades
around the same (but not so as to preclude entry thereto) in order to make such repairs, alterations,
improvements and additions to the building of which the Leased Premises form a part and the foundations
and walls of the Leased Premises as Owner may deem necessary or desirable (and Owner shall be allowed
to take all equipment and material upon the Leased Premises which may be required therefor), but Owner
shall use reasonable efforts consistent with accepted construction practice to minimize interference to
Tenant's business caused by reason thereof. The exercise by Owner of its rights of entry and other rights
granted under this paragraph shall not constitute an eviction of Ten ant and the rent payable under this Lese
shall not abate by reason thereof.
ARTICLE XX - ARRITRATlON; RIGHT TO APPEAL
~
" Section 7.0 0 I - Arhitration
'~
Isagreement between Owner and Tenant with respect to the interpretation or application of this
Lease, or the obligalton of the parties hereunder, shall be determined by arbitration unless the parties
otherwise mutually agree in writing. Owner and Tenant shall agree upon one arbitrator, otherwise there shall
be three (3), one named in writing by the Owner and one named in writing by the Tenant within ten (10) days
after notice of arbitration is served by either upon the other, and a third arbitrator selected by those two
arbitrators within ten (10) days thereafter. No one shall serve as an arbitrator who is in any way financially
interested in this Lease or in the affairs of either party hereto. This agreement to arbitrate shall be specifically
enforceable under the prevailing arbitration laws. The arbitrator or arbitrators shall have the power to award
to either party to the dispute such sums, costs, expenses, and attorney's fees as the arbitrator or arbitrators
may deem proper. The award rendered by the arbitrator or arbitrators shall be appealable to a court of
competent jurisdiction within thirty (30) days of notice of the arbitrators' award. Such appeal shall be
prosecuted without delay and as rapidly as possible.
Seclion 2002 - Waiver of Trial Ry 11Iry
THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING,
COUNTERCLAIM OR APPEAL BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY
MA TIER. Tenant agrees that any action brought in connection with this Lease may be maintained in any
court of competent jurisdiction in the Commonwealth of Pennsylvania. Tenant hereby appoints Owner as
agent for the purpose of accepting service of any process, subject only to the condition that Owner promptly
send Notice of such process to Tenant at the address of Tenant set forth in A-I of the Basic Lease Provisions.
In case suit shall be brought because of the breach of any agreement or obligation contained in this !--ease on
the part of Tenant or Owner to be kept or performed, and a breach shall be established, the prevailing party
shall (to the extent permitted by law) be entitled to recover all expenses incurred therefor, including
reasonable attorneys' fees. Owner's rights and remedies shall be cumulative and may be exercised and
enforced concurrently. Any right or remedy conferred upon Owner under this Lease shall not be deemed to
be exclusive of any other right or remedy Owner may have. All rights and liabilities herein given to or
imposed upon the respective parties hereto shall, except as may be otherwise herein provided, extend to and
bind the respective heirs, executors, administrators, successors and assigns of the said parties; and ifthere
shall be more than one Tenant, they shall all be bound jointly and severally by the terms, covenants and
agreements herein contained. This paragraph shall only become effective in the event that there is an appeal
of an arbitrators award.
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AHTICI.F: XXI - OWNF:H'S UAnrUTY
Seetion 7.1 0 I I.imitations on I.iability
(A) Anything contained in this Lease to the contrary notwithstanding, Tenant agrees that Tenant
shall look solely to the fee simple interests or leasehold estate of the Owner in the Shopping Center for the
collection of any judgment (or other judicial process) requiring the payment of money by Owner in the event
of any default or breach by Owner with respect to any of the tenus and provisions of this Lease to be
observed or performed by Owner, subject, however, to the prior rights of the holder of any mortgage covering
the Shopping Center, and NO OTHER ASSETS OF OWNER SHAU. RE SIJRJEer TO LEVY
EXEC! ITION OR OTHER JlfDlClAL PROCESS FOR THE SATISFACTION OF TENANT'S CLAIM,
~~~E~~~R~~~~ '~~:T~~~~~~I\~?r\~~:Z'~IC~~~~I.T OR RRCfi::r:~ ~ JHE
( (Tenant)
(B) Owner shall not be liable for any damage occasioned by failure of the Premises to be in
repair, nor for any damage done or occasioned by or from plumbing, gas, water, sprinkler, steam or other
pipes or sewerage, or the bursting, leaking or running of any tank, washstand, water closet or waste pipe in,
above, upon or about the Premises or improvements constituting a part thereof, nor for any damage
occasioned by water, snow or ice being upon or coming through the roof, skylights, trap door or otherwise.
(C) In the event that in this Lease it is provided that the exercise of any right by Tenant or the
perfonnance of any obligations of Ten ant shall be subject to the consent or approval or Owner and tbat tbe
consent or approval of Owner shall not be unreasonably withheld or delayed, then in any case in which
Owner shall withhold or delay its consent, Tenant hereby waives any and all rights it may have to recover
(and Tenant shall not seek in any proceeding) any damages from Owner on account thereof; it being agreed
that Tenant's sole remedy for Owner's withholding or delaying of consent shall be injunctive relief (without
any right to damages).
(D) Notwithstanding anything to the contrary contained in this Lease, if Owner shall elect to
provide security service then (i) any security service that may be provided by Owner is intended solely for
the protection and benefit of the Common Facilities and not for the protection or benefit of the Leased
Premises or any other premises; and (ii) Owner shall not be liable in any manner whatsoever to Tenant or to
any third party by reason of Owner's act or failure to act in providing or maintaining security in the Shopping
Center.
Section 21 02 Owner's Obligations With Respect to Future Ruilding Areas.
Notwithstanding anything set out in this Lease to the contrary, it is understood and agreed that (i)
Tenant will not cancel this Lease nor be entitled to claim any actual or constructive eviction because of a
default of Owner either by act or omission under this Lease when such act or omission relates to any Future
Building Area shown on Exhibit~, and Tenant will not abate rentals or otherwise credit or offset damages
against rental under this Lease because of any act or omission of Owner under this Lease which relates to any
Future Building Area shown on Exhibit~, but shall not be construed as a waiver of any rights Tenant may
have in personam against or as a waiver of any remedies by way of injunctive relief which Tenant may have
against Owner (other than one who becomes such after the foreclosure of any first mortgage covering any
part of the real property which is contained within the Shopping Center, or after the execution of a deed in
lieu thereof); and (ii) the restrictions set out in this Lease, if any, to the extent the same relate to any Future
Building Area shown on Exhibit~, and all obligations of Owner with respect to such restrictions shall
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absolutely and automatically terminate for all purposes from and after the date the holder of any first
mortgage affecting the real property which is contained within the Shopping Center, forecloses its mortgage
or obtains a deed in lieu thereof. For purposes of this Section, an "Outlot" shall be considered the same as
a Future Building Area.
ARTTCLR xxn - HOLntNG OVRR
Section 22 01 Holding Over
In the event Tenant remains in possession of the Leased Premises after the expiration of the tenancy
created hereunder, and without the execution ofa new lease, Tenant, at the option of Owner, shall be deemed
to be occupying the Leased Premises as a tenant from month-to-month, at a rate equal to 125% ofthe Annual
Minimum Rent for the last Lease Year of the term, subject to all the other conditions, provisions and
obligations of this Lease insofar as the same are applicable to a month-to-month tenancy.
Section 22 02 Time is of the Essence
Time is of the essence of each provision of this Lease.
Tenant hereby waives notice to quit the Premises at the e.xpiration of the term of this Lease or any
earlier termination, and this Lease shall constitute sufficient notice to quit without any obligation upon Owner
to provide Tenant with any additional notice thereof.
AHTTCI.R XXIII - W AJVRR; NOTTCR; m:FINITTONS; J\i[ISCRI.LANROIJS.
Section 7.1 0 I Waiver
No delay or omission in the exercise of any right or remedy of Owner on any default by Tenant shall
impair such a right or r d or be construed as a waiver. No covenant, term or condition of this Lease shall
be deemed to e been waive unless such waiver be in writing signed by the party charged therewith.
In the event either party hereto shall be delayed or hindered in or prevented from the perfomlance
of any act required under this Lease by reason of strikes, lockouts, labor troubles, inability to procure
materials, failure of power, restrictive governmental law or regulations, riots, insurrection, war or other
reason of a like nature not the fault ofthe party delayed in performing work or doing acts required under the
terms of this Lease, then performance of any such act shall be extended for a period equivalent to the pe'riod
ofsuch delay. The provisions of this Section shall not (a) operate to excuse Tenant from prompt payment
of Annual Minimum Rent or any other payment required by the terms of this Lease, and (b) be applicable
to delays resulting from the inability of a party to obtain financing or to proceed with its obligations under
this Lease because of a lack of funds.
Section 7.1 03 Notices and Payments
(A) Whenever any notice, consent, approval or authorization ("Notice") is required or permitted
under this Lease, the same shall be in writing and all oral notices, consents, approvals and authorizations shall
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be of no effect. All Notices by Tenant to Owner shall be sent to Owner by registered or certified mail (return
receipt requested), postage prepaid, or by a nationally recognized overnight courier service (Federal Express,
AirBorne, UPS Next Day Air or similar) at the "Address of Owner" designated in Section A-I of the Basic
Lease Provisions, or to such other addressees) as Owner may later designate in writing (including, without
limitation, any notice which Tenant shall be required to give Owner's mortgagee pursuant to Section 12.04).
Until Owner is notified otherwise by Tenant, all Notices by Owner to Tenant shall be deemed to have been
duly given if sent by registered or certified mail (return receipt requested), postage prepaid, or by a nationally
recognized overnight courier service (Federal Express, AirBorne, UPS Next Day Air or similar) to Tenant
at the "Address of Tenant" designated in Section A-I of the Basic Lease Provisions. In the case of notices
sent by overnight courier, delivery shall be deemed effective one day after such notice is sent. Until
otherwise notified in writing by Owner, Tenant shall pay all rent and other sums required to be paid by it
under this Lease by check payable to the order of Owner and shall deliver the same, together with all sales
reports required under Article III and all certificates of insurance required to be furnished by Tenant pursuant
to Article X, to the address of Owner designated in Section A-I of the Basic Lease Provisions.
(B) All Notices shall be effective upon being deposited in the United States mail in the manner
prescribed in paragraph (A) of this Section. However, the time period in which a response to any such Notice
must be given shall commence to run from the date of receipt by the addressee thereof as shown on the return
receipt of the Notice. Rejection or other refusal to accept or the inability to deliver because of changed
address of which no Notice was given, shall be deemed to be receipt of the Notice as of the date of such
rejection, refusal or inability to deliver.
Seclioll 23 04 Oefiniliol1s
(A) The term "calendar year" shall mean a period of 12 consecutive full calendar months,
commencing January I and ending December 31.
(B) 11le term "Glliu:an!lli:" as used in this Lease shall be deemed to mean any person, partnership,
corporation or other entity which has undertaken, by separate instrument, endorsement on this Lease or in
any other manner, to warrant, agree or guarantee that the obligations of Tenant, or any portion thereof, shall
be performed by Tenant.
(C) The term "Gros< I easable Area" shall mean the aggregate floor area within the exterior faces
of the exterior walls (except party walls as to which the center thereof, instead of the exterior faces thereof,
shall be used). Changes in Gross Leasable Area occurring during any calendar month shall be effective on
the first day of the next succeeding calendar month and, unless otherwise herein specified to the contrary,
the total number of square feet of Gross Leasable Area in effect for any calendar year shall be the average
of the number of square feet of Gross Leasable Area on the first day of each calendar month in such calendar
year.
(D) The term "inclndinf" as used in this Lease shall mean "including without limitation".
(E) The term "Interest Rate" shall mean a rate of interest, per annum, equal to the lessor of (i)
the highest lawful rate of interest that may be charged Tenant under the laws of the State in which the Leased
Premises is located or (ii) two percent (2%) in excess of the "Effective Rate" of Chase Manhattan Bank, N.A.,
New York, New York (or its successor) (the "Rank") initially determined as of the date any rent, additional
rent or other payment under this Lease is due and for which interest at the Interest Rate is charged and
thereafter adjusted daily; PROVIDED, HOWEVER, if the Bank should cease to exist as a viable commercial
bank, then the "Effective Rate" of any commercial bank selected by Owner and having capital and surplus
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of at least $50,000,000.00 shall be used to determine the Interest Rate. The term "Effective Rate" shall mean
the rate of interest announced by the Bank or other commercial bank selected by Owner as aforesaid, as the
case may be, as its prime lending rate. The Effective Rate shall be as announced by the Bank notwithstanding
that the Bank may actually charge other rates, and a written statement from the Bank or any national
investment brokerage finn or national bank as to what the Effective Rate was on any given day shall be
deemed conclusive.
(F) The term "f ease Year" shall mean a period of twelve consecutive full calendar months. The
first Lease Year shall begin on the date of commencement of the term if such date of commencement shall
occur on the first day of a calendar month; if not, then on the first day of the calendar month next following
such date of commencement. Each succeeding Lease Year shall commence upon the armiversary date of the
first Lease Year.
(G) The term "Mortgage" shall include a deed of trust. The term "mortgagee" shall mean the
holder of a mortgage and beneficiary under a deed of trust.
(H) The ternl "Tenant's Percentage Share" shall mean the Tenant's proportionate share based on
the calculated percentage of Tenant's Gross Leasable Area as herein defined in relation to the total gross
leasable area of the shopping center.
(I) The word "Iroant" shall mean each and every person or party mentioned as Tenant herein,
and if there shall be more than one Tenant, any Notice required or permitted by the terms of this Lease may
be givcn by or to anyone thereof and shall have the same force and effect as if given by or to all thereof.
(J) "Ole word "icrm" shall mean the period from the dale of the commencement of this Lease to
the expiration or sooner termination thereof, including any extension thereof, all as herein provided.
Section 23 05 Mi,cellaneous.
(A) Reeording ofT .ease Neither party shall record this Lease in its entirety. However, upon the
request of either party, the other party shall join in the execution of a memorandum or so-called "short form"
of this Lease for the purpose of recordation.
(B) QbJ..ig-ation, Surviving Termination All obligations of Tenant and Owner which by their
nature involve performance, in any particular, after the end of the term, or which cannot be ascertained to
have been fully performed until after the end of the term, shall survive the expiration or sooner termination
of the term.
(C) Governing T aw and JlIri,dir.tinn The laws of the Commonwealth of Pennsylvania shall
govern the validity, performance and enforcement of this Lease.
(D) Nn Aecord And Sati,factinn No payment by Tenant or receipt by Owner of a lesser amount
than the monthly rent and other charges, nor shall any endorsement or statement on any check or on any letter
accompanying any check be deemed an accord and satisfaction.
(E) A Iterations A nd A mendments Except as herein otherwise expressly provided, no subsequent
alteration, amendment, change or addition to this Lease, nor any surrender of the term, shall be binding upon
Owner or Tenant unless reduced to writing and signed by them.
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(F) No Pa'1nership. Owner does not in any way or for any purpose become a partner of Tenant
in the conduct of its business or otherwise, nor a joint venturer or a member of a joint enterprise with Tenant.
(G) Withholding ronsent Wherever in this Lease a party's consent or approval is required, such
approval may be withheld arbitrarily unless otherwise herein specifically provided to the contrary.
(H) Captions; Article Numbers The captions, section numbers, article numbers and index
appearing in this Lease in no way define, limit, construe or describe the scope or intent of such sections or
articles of this Lease. The language in all parts of this Lease shall in all cases be construed as a whole
according to its fair meaning, and not strictly for not against either Owner or Tenant, and should a court be
called upon to interpret any provision hereof, no weight shall be given to, nor shall any construction or
interpretation be influenced by, any presumption of preparation of a lease by Owner or by Tenant.
(I) Gllaranty At the time of executing this Lease, Tenant shall provided to Owner a signed
Guaranty of Lease including the signature ofthe spouse, ifany, in form and substance as set forth in Exhibit
D hereto. Each Guarantor shall provide Owner with an annual /inancial statement upon request.
(J) Severability In th~ event that one or more provisions of this Lease shall be found to be
unenforceable at law or in equity, the remainder of the Lease shall not be affected and shall remain in full
force and effect.
(K) Successors and AssiV1S 11lis Lease shall be binding upon and shall inure to the benefit of
the parties hereto and their respective legal representative, heirs, successors and assigns.
(L) Tenant's Corporate Authority. If Tenant is a corporation, it shall, concurrently with the
signing of this Lease, furnish to Owner certified copies of the resolutions of its Board of Directors (or of the
executive committee of its Board of Directors) authorizing Tenant to enter into this Lease; and it shall furnish
to Owner proof that Tenant is a duly organized corporation under the laws of the state of its incorporation,
is qualified to do business in the Pennsylvania, is in good standing under the laws of Pennsylvania, and has
the power and authority to enter into this Lease, and that all corporate action requisites to authorize Tenant
to enter into this lease has been duly taken.
(M) Rrokers Except as set forth below, Tenant represents and warrants that it has not dealt with
any broker in respect to this Lease, and agrees to defend, indemnify and save Owner harmless against all
demands, claims and liabilities arising out of any dealings between Tenant and any other broker in respect
to this Lease:
Rothman, Schubert & Reed Realtors
Tll1S I.EASE rONSTITl JTES THE ENTIRE AGREEMENT
THIS LEASE AND THE EXHIBITS AND RIDER, IF ANY, ATTACHED HERETO, IS THE
COMPLETE AGREEMENT BETWEEN OWNER AND TENANT CONCERNING THE LEASED
PREMISES AND THE SHOPPING CENTER. THERE ARE NO ORAL AGREEMENTS,
UNDERSTANDINGS, PROMISES OR REPRESENTATIONS BETWEEN OWNER AND TENANT
AFFECTING THIS LEASE. ALL PRIOR NEGOTIATIONS AND UNDERSTANDINGS, IF ANY,
BETWEEN THE PARTIES HERETO WITH RESPECT TO THE LEASED PREMISES AND THE
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SHOPPING CENTBR SHALL I3E OF NO FORCE OR EFFECT AND SHALL NOT BE USED TO
,
INTERPRET THIS LEASE.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first-above
written.
WITNESS:
OWNER:
Rothman, Schubert & Reed, a Pennsylvania
General Partnership
By: Lt.. r~ ~ ~ .(SEAL)
Samuel L. Reed, Attorney-in-Fact pursuant to Power of
Attomey dated August 21, 1996, and recorded in Misc.
Book 528, Page 480.
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RS&R SHOPPING CENTER -OVERALL
All that certain tract orland situate ill East Penllsboro Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point along the norUlern right of way line of Pennsylvania Route ?44,
also known as WertzvUle Road and on the line of adjoiner between lots nos, 1 an~ 3 on
the hereinafter mentioned Plan of Lot;
thence, along said line of adjoiner by a curve to Ule left wiUI a radius of 10.00' and an arc
length of 15.71' to a point;
tllence, continuing along said line of adjoiner N 17032'33"W, a distance of 185.58' to a
point;
thcnce, continuing along said line of adjoiner S 72027'27" W, a distance of24 1.55' to a
point on the centerline of an existing 20' sanitary sewer easement;
thence, continuing along said centerline the following courses and distances:
N 27020'00" W, a distance of 138.95' to a point;
N 17015'30" W, a distance of263.28' to a point;
N 4010'00" E, a distance of 130.24' to a point;
N 4020'30" E, a distance of 123.12' to a point;
N I3030'W, a distance of259.57' to a point;
N 00051 'E, a distance of348.14' to a point on the line ofadjoiner between Lot No.3 and
lands now or fornleny (nit) of Jacob R. Renninger;
Ulence, along said line of adjoiner N 80059'42" E, a distance of 102.70' to a point on the
line of ad joiner between Lot No.3 and lands nlf of Robert Bretz;
thence, along said line of lid joiner and along lands nlfofMargaret and Jacob Ulrick S
22024'47" E, a distance of200.31' to an iron pin;
thence, N 81005'07" E, a distance of298.94' to a point;
thence, 8.22051 '00" E, a distance of217.05' to a point;
thence, along said lands nlf of Conservative Bartist Church 8 81024'00" W, a distance of
125.44' to an iron pin;
thence, along said line of adjoiner S 22051'08" E, a distance of349.95' to an iron pin;
thence, along said line of ad joiner N 81024' E a distance of 125.44' to an iron pin on the
western end of Un den Street;
thence, along said western end of Linden Street S 16015'43" E, a distance of 48.34' to an .
iron pin on lands nlf of Helen B. Heisey;
thence, along said lands S 22053'35" E a distance of 152.38' to an iron pin at 1ands nlfof
Donald E. Shutt; .
thence, along said lands n/f of Shutt and lands nlf of Robert BretzS 73044'35" W a
distance of 179.42' to an iron pin; ", .
thence, along said lands of Bretz 817035'35" E a distance of 182.03' toa point on tlle ,.
northern line ofLot No.2; .'
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tll~n~e, S n027'T 'V a' distaiise ofi99:iiO;td k pohii; , nn"'~7-- :. -Ai?.:..:. . ,"
thence, S 17032'3~ ci a distallce of20S.00' to a point; i . '. .' .'. . :,"}"'.. ',.
thence, by n cun:e to the Icfi:luJ~ Ul!!iif18 of 10' roran arc,41~,t1l"cc.ll,f 1S,,71;'.~() apQ!iJt(','::" '.
on tbo northern lineofPe~I'y,~a R,oql~ 944,.kl\0W!1~ w.~~; .,";' " .'. :11':,;":'
tllence, S 72"27'27" W a dis~lil?ce of79.04' to a point the P~"or.~j:!G~q. . ...' .,....... .
. '. . '-' :"'!\;,:.,..;':.' .....:~~;~..; ~- .. ::'..,"
Conf~ning: 579,7lW sq. ft.(13.31~C~S);: .' ,.:..: ,.
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DEING Lot No.3
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WERTZVILLE ROAD R1W CONVEYANCE
, ,
All that certain tract orland situate in East Pennsboro Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point along tbe existing northern right of way line of Pennsylvania
Route 944, also known as Wertzville Road, said point being located at the soutbellstem
comer oflands now or formerly of Erie Shore Enterprises, Inc. thence along said lands by
n curve to the leU having a radius of 10.00 and an arc length of 15.71' to a point; thence,
by same N 17032'33" W a distance of 5.14' to a point on the required northern right-of-
way line ofWertzville Road; thence, by said rigbt-of-way line N 72026'17" E a distance of
59.04' to a point at lands now or fonnerly ofUni-Marts, Inc.; thence, along lands ofUni-
Marts, Inc. S 17"32'33" E a distance of5.16' to a point; thence, by same by a curve to the
leU having a radius of to.OO, and an arc length of 15.71' to a poUlt on tlie northern right-
of-way line ofWertzville Road; thence, by said right-of-way line S 72"27'2T' W a
distance of79.04' to a point, tlle place of DE GINNING.
Containing: 938 sq. U.
(0.02 acres)
CONVEYANCE TO RS &R
All that certain tract ofland situate in East Pennsboro Township, Cumberland County;
PelUlsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the eastern right-of-way of Salt Road Realignment, said point .
being on the centerline of an existing 20' sanitary sewer easement;' thence, 'along said
sewer centerline N 17015'30" W a distance of70.96' to a point; thence,'by sanic N .
04"10'00" E a distance of 130.24' to a point; thence, along lands now or fonnerly of West
Shore First Assembly of God S 67054'41" W a distance of I 16.45' to a POlntOD the
eastem.rumt:-of-wav line of Salt RllAd ReaJilrnment: thence, alon/( said right-of-way line S
" 22005'19" E a distance of 113.65' to a point; thence, by same N67054'41" E a distance
of 5.00' to a point; thence, by same S 22005'19" E a distance of 113.65' to a point;
thence, by same N 67054'41" E a distance of47.86' to a point, the place of BEGINNING.
.'
Containing: 13,618 sq. ft.
(0.31 acres)
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EXllIJlITJl
OWNlm's wonK
Executed with Lease dated 1,;1- 4t'- f'r;- , 1998, between William F. Rothman,
Charles F. Schubert & Samuel L. Reed, Co-Partners, lId/b/a Rothman, Schubert & Reed, a Pennsylvania
General Partnership, as Owner and Chong So , as Tenant.
Owner agrees, at its expense, to deliver the Leased Premises to Tenant with the following work set
forth below. Owner has not agreed to perform any other work in the premises, and all other work necessary
to complete the Leased Premises shall be done at Tenant's sole cost and expense.
Owner shall provided Tenant with a "pure vanilla box" which shall include the following
work/construction to the Leased Premises:
1. Four (4) walls, y," ury-walled and primed.
2. 2x4 grid ceiling with Iluorescentlighting through out.
3. I.IV AC--heated and cooled with roof top units, gas fired heat, and electric cooling.
Cooling baseu on one (I) ton per 350 square feet..
4. One (I) bathroom (unisex) with standard plumbing in compliance with ADA.
5. , One (1) hot water heater for bathroom only.
6. 200 amp electrical service with miscellaneous receptacles through out as required by
Code.
7. Concrete Ilooring, 4" thick, 3000 psi.
8. Glass front, all windows and maintenance doors to be aluminum as manufactureu by
Kawancer or equivalent.
9. Water, sewer and gas to be supplied at rear of property.
Tenant shall be responsible for builu-out, Iloor covering, additional plumbing and additional hot
water heater to service the Leased Premises and such other work necessary to complete the Leased Premises
all at Tenant's sole cost and expense and not without Owner's approval.
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17.
Premises.
Not conduct, pemlit or suffer any public or private auction sale to be conducted on or from the Leased
18. Not solicit business in the common areas of the Shopping center or distribute hand bills or other
advertising materials in the cOl11mon areas, and if this provision is violated Tenant shall pay Owner the cost of collecting
same from the cornman areas for trash disposal.
19. Automobiles belonging to Tenant, its employees and invitees, shall be parked only in the areas that
may be designated by Owner, snbject to the provisions of this Lease.
20. Doors in the Leased Premises shall not be covered or obsl1ucted by Tenant.
21. Water closets and other plumbing shall be used for no other purpose than those for which they were
intended and no sweepings, rubbish, rags, or improper articles and materials shall be thrown therein. It is recognized
by the parties that chemicals, paints and thinners are especially injurious to the functioning of the property's sewage
disposal system and, without limitation, shall not be disposed of in Stich sewage system.
22. No signs, advertisements or notices of any kind shall be painted or affixed to any part of the outside
of the Leased Premises without the prior written permission of Owner.
23.
Premises.
No person of disorderly character will be allowed to frequent or remain on or about the Leased
24. No nuisance, public or private, shall be created or permitted in the demised premises and the Leased
Premises shall be conducted so as that no annoyance is caused to Owner, Owners's employees or other tenants of the
Owner. It is recognized that the Leased Premises are part of a Shopping Center in which numerous tenants are located
and that absolute supervision of the use of the Leased Premises is necessary in order to officially maintain and operate
an entire Shopping Center, and the parties therefore agree that the Owner shall have the exclusive and sole right of
determining as to what constitutes a nuisances and that its determination shall be binding and absolute.
25. Uponlemlination ofthe Lease, doors and windows of the building shall be left securely fastened and
the keys to the leased premises shall be delivered to the Owner.
26. Tenanl's fire fighting and prevention apparatus shall be adequate ami sufficient and shall be kept in
proper working condition and accessible at all times so as to confonn to all applicable laws, ordinances and regulations.
IN WITNESS WHEREOF, the parties set forth theirs hands this L day of ,(/.<.....Pf..'"1. .,1998.
WITNESS:
OWNER:
Rothman, Schubert & Reed, a Pennsylvania
General Partnership
By: ~ot. Jl.JJ ik, (SEAL)
Samuel L. Reed, Attorney-in-Fact pursuant 10 Power
of Attorney dated August 21, 1996, and recorded in
Misc. Book 528, Page 480.
G/!Jtu"~ () p" L('tl1.
ATTEST:
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EXHIBIT D
GUARANTY OF L1cASE
In consideration of the making of the above Lease dated /.:? - Lj ,1998,
by the Tenant with the Owner at the request of the undersigned, and in reliance of tne Guaranty, the
undersigned hereby unconditionally and irrevocably guarantees the payment of the rent to be paid by the
Tenant and the performance by the Tenant of all the terms, conditions, covenants and agreements of the Lease
and its Exhibits, and the undersigned promises to pay all of the Owner's expenses, including reasonable
attorney's fees, incurred by the Owner in enforcing this Guaranty. The Owner's consent to any assignment
or assignments, and successive assignments by the Tenant and Tenant's assigns, of this Lease, made either
with or without notice to the undersigned, or a changed or different use of the Leased Premises, or Owner's
forbearance delay, extensions of time or any other reason whether similar to or different from the foregoing,
shall in no way or manner release the undersigned from liability as Guarantor. Where the undersigned include
more than one party, [he obligation of each such party hereunder will be joint and several. It will not be
necessary for Owner to proceed first against Tenant in invoking any of Owner's lease remedies before
proceeding to enforce this Guaranty of Lease.
WITNESS the hand and seal of the undersigned at the date of the ab.)ve Lease.
WITNESS:
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GUARANTOR(S):
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CHONG SO
717-975-5598
4414 Royal Oak Rd
Camp Hill, Pa I70II-4144
524
60-1273/3130
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Central PA 040
For 1'1"f>'f.'.:I-I'.:n-1 fw t..~>r<I}((.(.r . ~/
.:0 1 ~ 1 ~ 2? 18': 0521. II' 50008 ?L,b 21.11'
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CHONGSOOK so 60-14264
SUPERIOR CLEANERS 313
B3B US ROUTE 15 NORTH 3619512163 -<: 07
OILLSBURG. PA 17019 OATE /2--'{ { 1\ .
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Fulton Bank
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MF.MO-J)10S~ {4- fLe~ '
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DOLLARS m=.,::
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REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011-4642
717-763-1383
TELEFAX 717-730-7366
WEBSITE: ReagerAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
LINUS E. FENIC,LE
DEBRA DENISON CANTOR
THOMAS O. WILLIAMS
SUSAN H. CONFAIR
PETER L. LEONE
+ Certified Civil Trial Specialist
Writer's E-Mail Address:sconfair@epix.net
September 18, 2001
via Cel1tifiedand First Class Mail
!vir. Chong So
Superior/Enola Cleaners
322 East Penn Drive
Enola, P A 1'7025
via Certified and First Cla~~ Mail
:Mr. Chong So
4414 Royal Oak Rd.
Camp Hill, PA 17011
RE: NOTICE OF DEFAULT
Pennsboro Commons Shopping Center
Dear Mr. So:
This firm represents your Landlord, Rothman, Schubert & Reed. It has been brought to our
attention that you are in default under the terms of your Lease Agreement as there are outstanding rental
payments, late charges and sewer charge owed to your Landlord as follows:
1. Rent for August, 2001......................$300.00
2. Late charge for August 2001..............100.00
3. Unpaid Sewer charge............................54.45
4. Rent for September, 2001.............:..1,735.00
5. Late charge for September, 2001........100.00
6. Less: Payment 9/5/01, check #564....<835.00>
TOTAL OWED:.............................$1,545,45
Please make the payment of the sum of$I,454.45 to Rothman, Schubert & Reed within seven
(7) days from your receipt of this letter. This is your notice that you are in default under the terms of the
Lease Agreement.
Please contact me if you have any questions regarding these matter.
Susan H. Confair
SHC/crt
cc: Samuel L. Reed, Rothman, Schubert & Reed
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VERIFICATION
I, Charles F. Schubert, state that I am a partner of Rothman, Schubert & Reed, a
Pennsylvania General Partnership and I am authorized to make this verification. I do hereby
verify that the facts set forth in the foregoing document are true and correct to the best of my
knowledge, information, and belief.
I understand that any false statements herein are made subject to penalties of 18 Pa.c. S.
S4904, relating to unsworn falsification to authorities.
DATED: 11- &- 0 I
.
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ROTHMAN, SCHUBERT & REED,
a Pennsylvania General Partnership,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: No.: tJl- t.33??
CHONG SO t/dIb/a SUPERIOR
CLEANERS,
Defendant
: EJECTMENT BY CONFESSION
To: Chong So t/dIb/a Superior Cleaners, Defendant(s)
You are hereby notified that on November~, 2001, judgment by confession for
possession was entered against you in the above-captioned case.
/5/~ ~.~'
Prothonotary /~ c.--
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.
II. U -01
DATE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
I hereby certify that the following is the address ofthe defendants stated in the certificate
of residence:
Chong So t/dlb/a Superior Cleaners
322 East Penn Drive
Enola, P A 17025
and
Chong So
4414 Royal Oak Road
Camp Hill, PA 170Il-4414
A Chong So t/dlb/a Superior Cleaners, Demandado(s)
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ROTHMAN, SCHUBERT & REED,
a Pennsylvania General Partnership,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No.: Of- &33'6
CHONG SO t/d/b/a SUPERIOR
CLEANERS,
Defendant
: EJECTMENT BY CONFESSION
PRAECIPE FOR WRIT OF POSSESSION
UPON A CONFESSED JUDGMENT
To the Prothonotary:
Issue writ of possession upon the judgment in ejectment entered by confession in the
above matter.
CERTIFICATION
I certify that:
(1) This Praecipe is based upon a judgment entered by confession, and
(2) Notice pursuant to Rille 2973.3 will be served with the writ of possession.
Respectfully submitted,
REAGER & , .C
Date: November 6, 2001
Tho as . Williams, Esquire
Attorney LD. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717)763-1383
Attorneys for Plaintiff
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WRIT OF POSSESSION (Ejectjuent Proceedings PRep 3160 - 3165 etc.)
Rothman, Schubert & Reed,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 01-6338 Civil Term
No. Term
Costs
Att'y. $ $29.50
Pl'ff (s) $
Prothy. $ 51.00
a Pennsylvania General Partnership
Chong So t/d/b/a Superior Cleaners
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of
Clnnberland
County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
Rothman, Schubert & Reed, a Pennsylvania General Partnership
Plaintiff (s)
being: (Premises as follows):
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
(SEAL)
rl1rt-;~ R Long
Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania
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Deputy
Date
November 7, 2001
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By virtue of this writ, on the 29th day of November 2001
I caused the within named. , to
have possession of the premises described with the appurtenances, and WRIT OF POSSESSION
RETURNED STAYED, NO ACTION TAKEN AS PER ATTY 11/28/01.
Advance Costs: l~O'OO
Sheriff's Costs: 39.78
110. 22
Refunded to Atty 11/29/01
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ROTHMAN, SCHUBERT & REED,
a Pennsylvania General Partnership,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No.: 01-6338 Civil
CHONG SO t/d/b/a SUPERIOR
CLEANERS,
Defendant
: EJECTMENT BY CONFESSION
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned lawsuit as settled and discontinued with
prejudice and judgment satisfied.
Date: January 25, 2002
T 0 s . Williams, Esquire
Attorney LD. No. 67987
2331 Market Street
Camp Hill, P A 17011-464
Telephone: (717) 763-1383
Attorneys for Plaintiff
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CERTIFICATE OF SERVICE
AND NOW, this 251h day of January, 2002, I hereby verify that I have caused a true and
correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and
addressed as follows:
Thomas D. Gould, Esquire
2 E. Main Street
Shiremanstown, P A 170 II
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