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HomeMy WebLinkAbout01-07089 ( WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, LLP, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 61- 10m c.,~J RONALD J. HUNZIKER, DAVID S. THOMAS AND MICHELLE A. THOMAS, individually and Va CENTRAL PENN EYECARE, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the document or for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.' IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. As provided by Pennsylvania Rules of Civil Procedure NO.1 018.1, the following officer is designated to be named in the Notice to Defend in order to find out where legal help can be obtained. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 '~;. ,'~'-'" -o;~' '!:-'_t};,j,')C:-:~;~?,'X:' _:' -,:,,;,:,:,_,>?I.;~:-~;"!< ::"!\?,':~,!\ ,', "'~"I'(,"P;:' "h_ ""'-""/-;'. .>, "':,'~:' ~- ;." - ,-, ~,_- - ", :",;,.,1::"'", _'\._; ,_~, .,,-, "~f,"" ". ' ',"J,',,,,,,,, _" ~, "_,!';"_C0.,-, _.>-.. ',_'1__ ",'--'-~~- ~'Fc."!;' ~,~,~~~ 0 . . ( WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, LLP, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. CI-10~q RONALD J. HUNZIKER, DAVID S. THOMAS AND MICHELLE A. THOMAS, individually and Va CENTRAL PENN EYECARE, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Windsor Park Shopping Centers Partnership, LLP, by and through its attorneys, Wix, Wenger & Weidner, and files this Complaint, stating the following: 1. Plaintiff, Windsor Park Shopping Centers Partnership, LLP, is a Maryland limited liability partnership with a business address of 100 Painters Mill Road, Suite 900, Owings Mills, MD 21117. Plaintiff is registered and authorized to do business in Pennsylvania. 2. Plaintiff is the owner and landlord of the shopping center located in Lower Allen Township, known as Windsor Park Shopping Center (herein, the "Shopping Center"). 3. Defendant, Ronald J. Hunziker, is an adult individual whose only known address is c/o Post Masters, 5250 Simpson Ferry Road, Mechanicsburg, PA 17055. 4. Defendant, David S, Thomas, is an adult individual who resides at 730 Meadow Drive, Camp Hill, PA 17011. '''''''' y-: ,"',>{':;[~;"'-~',,"?:"" 5,-;;-:, '-,: ,,-:,-'-/,' :'::..$ ~_ ~~--""';t~,~;~,,,:,,--~-,~:-, ""~_: c '" ','" __']','" r- ~ -,>",," '. -," '- '--"'-~~-, -",~ ," _.M,', ., ._"j"'U:",,, _ ""~' ,~, -,,,,=-...,<,,__,-,_,,"~_, --"r . ",__,;",'-, .. f ,'''''',!- . 5, Defendant, Michelle A. Thomas, is an adult individual who resides at 730 Meadow Drive, Camp Hill, PA 17011. 6. Defendants are partners of, and trade and do business as, Central Penn Eyecare (herein, "Central Penn"). 7. Jurisdiction is proper in this Court because Plaintiff's cause of action arose in Cumberland County. 8. The amount in controversy in this case does not exceed $25,000 as required by the Cumberland County local rules regarding compulsory arbitration. 9. On or about November 2, 1995, Central Penn entered into a commercial lease agreement (herein, the "Lease") with Plaintiff. A true and correct copy of the Lease is attached hereto as Exhibit A and is incorporated herein by reference as if fully set forth. 10. Pursuant to the Lease, Central Penn leased from Plaintiff the premises known as 5244 Simpson Ferry Road located in the Shopping Center (herein, the "Premises"), 11. The term of the Lease was three years, beginning on January 1, 1996 and ending on December 31, 1998. 12. Prior to the expiration of the term of the Lease, Central Penn exercised its option to renew the Lease for an additional three-year term, for the period January 1, 1999 through December 31, 2001, A true and correct copy of the option letter executed by Central Penn is attached hereto as Exhibit B and is incorporated herein by reference as if fully set forth. 2 -~:' ."_ -_"'t:1f'_:,->t'_7,!!g'_"\,,,},:;;~;;;,-~ ?-;'''r'~:'"!''_~0_'_~'r!.:"!/:,,,?,_0_-~+ ',"'1:-"':-;:0"':- _-';~F~_:;;::'_'_!, -,,_~..,. '-0, ',"/,,'"___~'~,"~__,'-"_ ~ _~. . ,-,y~, '"^-~. n ~_, .. " 13, On April 28, 2000, Plaintiff initiated an eviction action against Central Penn as a result of Central Penn's failure to pay rent due under the Lease. 14. On May 10, 2000, judgment was entered against Central Penn for the amounts owed as of May 2000 and for possession of the Premises (herein, the "Judgment"). 15. Subsequent to the filing of the eviction action, Plaintiff and Central Penn entered into an agreement whereby Central Penn would pay its outstanding arrearage and Plaintiff would not evict Central Penn. 16. Notwithstanding the agreement, Central Penn did not pay its arrearages. 17, In addition, Central Penn did not pay its monthly rental obligations under the Lease while it remained in the Premises. 18. In violation of the Lease, Central Penn vacated the Premises in or about September 2000, 19. Plaintiff was able to re-rent the Premises as of November 1, 2000 at a rental rate less than Central Penn was obligated to pay under the Lease. 20. After Central Penn vacated the Premises, Plaintiff, through its counsel, made several demands to Defendants for payment of the amounts due under the Lease for the period July 2000 through and including October 2000. 21. Despite repeated demands, Defendants have failed and refused to pay the amounts owed under the Lease, 22. Defendants are obligated to Plaintiff for rent for the months July 2000 through October 2000 in the total amount of $5,147,40. (Plaintiff's claims set forth herein are separate and distinct from Defendants' obligations under and pursuant to the 3 ''B, -:.:t'-":-J,_,, 1): -"0','_;> ._''''>~';,~_1:./JG_,f:'''' D> ~'"""'<"I-, < -~'_C_"'_" ,"'-'cl_~" .""2"1' ,,'__'::'; ""~:_"_,_~__y_", -,'--:"~',~ , "-~~- "-'- - -" -.~ "<-,,,",'- ,," '^ .'-" '" ~,~, ., - ",-, -- Judgment. Defendants are obligated for the amounts owed under the Judgment in addition to the amounts sought herein.) 23. Pursuant to the Lease, Central Penn was obligated to pay, for each month of the Lease and in addition to its base rent, its share of water and sewer charges and the costs of common area maintenance (herein, "CAM"). 24. Central Penn failed to pay its share of water, sewer and CAM charges for the periods set forth below. 25. Pursuant to the Lease, Defendants are obligated to pay late charges on amounts owed under to the Lease, but not paid. 26. Defendants are obligated to Plaintiff for water, sewer, CAM and late charges as follows: $ 147.72 25.48 172.72 415.95 $ 761.87 Water (12/99 - 10/00) Sewer (7/00 - 10/00) CAM (through 10/00 Late charges (5/00 - 10/00) Total 27. In addition, as a result of Plaintiff's re-rental of the Premises at a lesser amount than Central Penn was obligated to pay, Defendants are liable to Plaintiff for rent loss for the period November 1,2000 through December 31,2001 in the total amount of $8,133.54. 28. Defendants are entitled to a credit from Plaintiff in the total amount of $1,636.33, for prepaid insurance costs and taxes and a security deposit. 29. Pursuant to paragraph 25 of the Lease, Defendants are liable for Plaintiff's reasonable attorneys' fees. 4 ;~ . "'.~ X!.L~ :!J" ~':\:,,,,;,:,_o~:~_:-,it,'<,,. '-':OR, 'C. ",,,,:'c,' '_'>_~':';'? .';,.,.r>,,; r/: I'-c- -, ~'-~'" ~_, ,c,-"," '.-';"-'>'~7-" . .",.~-- ""'. - A.- <'C' - ." , -, _ ._' <~_,~" .,. ,-"",~-"- '-,~-- '*~ __0 30. In connection with Defendants' default of the Lease and their failure to cure said defaults, Plaintiff has engaged the services of the undersigned attorneys. 31. Plaintiff is entitled to recover all reasonable attorneys' fees charged by the undersigned, which amount will be proven at trial. 32. The total amount Defendants owe to Plaintiff is $12,406.48, plus the attorneys' fees Plaintiff incurs in this case. (Plaintiff's claims set forth herein are separate and distinct from Defendants' obligations under and pursuant to the Judgment. Defendants are obligated for the amounts owed under the Judgment in addition to the amounts sought herein.) WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants, jointly and severally, in the amount of $12,406.48, together with the costs of this action, attorney's fees to be proven at trial and interest, and grant such other relief as this Court dee just and appropriate. Respectfully tev R. Williams, I.D.# 62051 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff Date: it\\I'\VI F:\srw\1742 (DAVID S BROWN)\10797 (WINDSOR PARK v. CENTRAL PENN EYECARE)\DOCUMENTS\COMPLAINT.doc 5 "' ,: ',. --,~", ""'~,~:"_:-=::;,';""~_ '~<:<-;~'_:'4':::S~?>':c7:"'F?~I-,,:"~(":;}-:,;_:: 'y"';V'" ,'- ., ',"__,_""~;~,Or' " - e':i"'. ""-,~ ,_-_~-; ,-- ,.r :*\"" . ",1L .,~ . . , EXHIBIT A ""-,-:r<,,' '.c~:\-'::"~_;,-;"~.i",:"f>;'h~q_"~'-_C:-"t__'::' "':: ~,::-_,I__,'_' ""~ fr, .~~:~,..'t';:J",?,7:.; ,,;_'~,-",-,_' ': ~ e, :'", ~ "",,' ,"'-" < .'_'.'-,_ ':-,-'-,,- '.'-",'V":-') .'~ _."'" '. 'X;_~'1 <~. '_c', ~.' ..",,-~, ',. , <". ~-~ Il LEASE AGREEMENT This LEASE, Made November V ,1995 by and between WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, hereinafter called "Landlord", and CENTRAL PENN EYECARE, hereinafter called "Tenant". WITNESSETH: That in consideration of the mutual promises herein contained, the Landlord hereby rents to the Tenant, and the latter does hereby rent from the former, the premises described as 5244 simpson Ferry Road, Mechanicsburq, PA 17055 containing approximately 1200 square feet, said premises being outlined in red on the attached Plat marked Exhibit "A", and made a part hereof, (and hereinafter called the "Leased Premises" or the "Demised Premises" or the "premises") for the term of th.l:"ee (3) years beginning on the commencement date as hereinafter defined. The occupancy date, whenever used herein, shall be November 1, 1995. The commencement date, whenever used herein, shall be January 1, 1996. Basic annual rent only sahlI abate between the occupancy date and the commencement date. 1. Rent: , ~r, .~ " The total annual rental for the first year of the term shall be Thirteen Thousand Two Hundred Dollars ($13,200.00), which the Tenant covenants to pay in advance in equal monthly installments of One Thousand one Hundred Dollars ($1,100.00), th~ '(Po"'. first installment of which, pro rated if the commencement date is other that the first day of a calendar month, is due and payable on the commencement date, with subsequent installments due and payable on the first day of each calendar month thereafter until the total rent provided for is paid. The Tenant covenants to pay concurrently with the signing hereof, the sum of One Thousand One Hundred Dollars ($1,100.00), to be credited to the first month's rent under this Lease as' above provided. The total annual rent in each subsequent year of this lease shall be as follows: Year Annual Rent Monthlv Rent 2 3 $13,728.00 $14,277.00 $ 1,144.00 $ 1,189.75 1!17-lc ;:"7- '. "" .",1 ,.:1 2. Pavment. Late Charae. Time of Essence: The Tenant covenants to pay the rent as herein provided without deduction whatsoever, and without any obligation on the Landlord to make demand for it. To any installment of rent accruing hereunder and any other sum payable hereunder, if not paid when due, shall be added a late charge of five (5%) percent of the amount overdue, for each monthAthe payment is late on all amounts from the date said payment was due until paid. Time is of the essence in this lease. Payments shall be made to Landlord at the address set forth herein on the notice address. ~r. .. 3. Real Estate Taxes: (a) Tenant covenants and agrees to pay Landlord within fourteen (14) days of Landlord's notice to Tenant as additional rent, Tenant's proportionate share, being equ~l to 1.46% of such amount due of any real estate taxes assessed against the land and/or building(s) in which the premises are included. If this Lease shall be in effect for less than a full fiscal year, Tenant shall pay a prorated share of the taxes, based upon the number of months that this Lease is in effect. "Taxes" as used herein shall include, but not by way of 1 ~~~k' -'o;~l:":_;' W~ _ ~_ 'T~,", -~~- "I. 1 " o-.~" ~ ~, ~,l'''l> 'i limitation, all paving taxes, special paving taxes, Metropolitan District Charges, personal property taxe~, sewer rents,and any and all other benefits or assessments wh~ch may be lev~ed on the premises or the land or building(s) in which the same are situate but shall not include any income tax on the income or rent payable hereunder. Any reasonable expense incu~red by Landlord in contesting any real estate tax shall be 1ncluded as an item of taxes for the purpose of computing additional rent due the Landlord. In the event the "Real property" is not separately assessed the parties hereto shall agree on an assessment figure which shall become the figure for the Base Year. Notwithstanding the above, at no time shall the total of the tax bill and the expense incurred by Landlord in contesting any tax ~ill exceed the initial tax bill amount. In the event the part~es hereto oannot agree, the questions shall be submitted to arbitration pursuant to Article 7 of the Annotated Code of Maryland. (b) Landlord shall have the option, upon written notice to Tenant to collect, together with the monthly payment of rent hereunder, an amount equal to one-twelfth (1/12) of Tenant's proportionate share of the estimated real estate taxes due for the next succeeding fiscal year so that Landlord shall have an amount sufficient to pay such taxes when due. Appropriate adjustments shall be made between Landlord and Tenant upon the determination of the actual amount of such taxes. (c) The first "Lease Year" is defined as the first twelve (12) full calendar months of the term; subsequent Lease Years are subsequent twelve (22) month periods. 4. Care of Premises: (a) The Tenant agrees that he will take good care of the Leased Premises, fixtures, and appurtenances, including exterior doors and windows, window frames, hardware and the like, and electric meters, plumbing, heating and air conditioning equipment (including that on the exterior of the Demised Premises), and keep same in good order and repair throughout the term of this Lease, and suffer or permit no waste or injury; Landlord shall assign to Tenant, for the benefit of the Tenant, to the extent they are assignable, any warranties on such equipment furnished Landlord by the Seller and/or provider thereof; that Tenant will conform to all laws, orders, and regulations of the Federal, state, County and city authorities, or any of their departments, and will not, through its own act or neglect, cause any situation to exist in or about the Leased Premises which would constitute a' violation of any applicable Federal, state, County, or City Code Regulation or Ordinance governing use, occupancy, health, sanitation, or fire; that he will not do, or permit anything to be, done, in the premises which will in any way increase the rate of 'fire insurance on the building, or conflict with the fire insurance policies on the building; that he will saVe harmless the Landlord from any liability arising from injury to person or property caused by any act or omission of Tenant, his agents, employees or guests; that he will repair at or before the end of the term, or sooner if so requested by the Landlord, all injury done by the installation or removal of furniture or other property, and will surrender the Leased Premises at the end of the term broom cleaned in as good condition as they were at the beginning of the term, ordinary wear and tear and casualties by fire and elements excepted. In the event of any increase in insurance as a result of the failure of the Tenant to comply with the provisions of this Paragraph, the Tenant will pay the amount of such increase as additional rent within thirty (30) days after the Landlord's written demand. Nothing in this Paragraph shall be deemed to place upon the Tenant any obligation to make structural repairs, improvements Or changes which may be required by any governmental body, provided the same are not required by the Tenant's use of the premises. 2 ~",;;)[~~ ..' ~,", ';1 ," - ~. ~~ I"~'!"~"' The Landlord shall be under no liability to the Tenant for any discontinuance of heat, air conditioning, and hot water ~nless d~e to Landlord's negligence. The Landlord shall not be liable for any loss or damage to the Tenant caused by rain, snow, water or storms that may leak into or flow from any part of the premises thro~gh any defects in the roof or plumbing or from any other source. (b) Notwithstanding anything contained herein to the contrary, Landlord shall have no obligation whatsoever to make any repairs to the Demised Premises or to the building other than to make repairs resulting from damage caused by negligence, if any, of Landlord or its agents or employees or contractors except as otherwise provided in this .J\.greement. Landlord agrees .. to maintain and will keep in good repair the exterior of the building and parking areas, unless such repairs are necessitated by the fault of the Tenant, its agents, employees, b~siness invitees or guests. (0) Business machines and mechanical equipment shall be placed and maintained by Tenant, at Tenant's expense, in settings sufficient in Landlord's reasonable judgement to absorb and prevent vibration, noise and annoyance. (d) There shall be no allowance to Tenant for any diminution of rental val~e and no liability on the part of the Landlord by reason of inconvenience, annoyance or injury to business arising from the making by Landlord, Tenant or others of any repairs in or to the Building or the Demised Premises, or in or to the fixtures, appurtenances or equipment thereOf. (e) Whether or not such HVAC Maintenance contracts are in force, Tenant shall be responsible for the cost of all needed repairs to each and every component of each and every said system except as otherwise set forth herein. (f) In the event Tenant shall not proceed to commence promptly and diligently to make any repairs or perform any obligation imposed upon it by this Section within ten (10) days after receiving written notice from Landlord to make such repairs or perform such obligation, then and in such event, Landlord, may, at its option, enter the premises and do and perform the things specified in said notice, without liability on the part of Landlord for any loss or damage resulting from any such action by Landlord and Tenant agrees to pay promptly upon demand any cost or expense (including Landlord's administrative expenses of ten percent (10%) of direct costs) incurred by Landlord in taking such action, together with interest on such amounts at two (2) points over the prime rate of interest announced and in effect from time to time at the First National Bank of Maryland. (g) Notwithstanding anything to the contrary herein, Landlord shall warrant its work within the premises and the systems serving the premises for a period of one (1) year from the occupancy date hereunder provided, however, such defect is not the result of Tenant's negligence or misconduct. Notwithstanding anything to the contrary contained herein, Landlord shall be responsible for the cost of repairs above $350.~0 per service call to said unit, (not including any costs aSSOC1ated with the service contract), provided said repairs are not required due to Tenant negligence or misconduct. 5. uti lities: Tenant shall, at its own co~t and expense, pay all charges when due for water, gas, electricity, heat, sewer charges and any other utility charges incurred in the use of the Leased Premises. Landlord shall, at Landlord's cost and expense install separate electric meters for each Tenant. ' 3 F' R~ "~"B;~" ,~" '~"-',' T-'.,-,---~~ _ ~__ ~'~I' ." ~~'I 6. Use and Occuoancv: The Premises are to be used only for the purpose of optical services and for no other purpose. Tenant will not use the premises for any unlawful purpose';' Tenant covenants not to conduct nor permit to be conducted on the premises any business in violation of any law of the city and/or County in which the Premises are located or state or Federal law, ordinance or regulation. 7. Permitted Name: Tenant shall conduct business on the Demised Premises only in the name of Central Penn Eyecare _and under no other name or trade name unless and until the use of some other name is approved in writing by Landlord which approval shall not be unreasonably withheld or delayed. 8. Access bv Landlord: The Landlord shall retain duplicate keys to all of the doors of the Leased Premises, and the Landlord or his agents shall have access to the Leased Premises at all reasonable hours in order to inspect same, to clean or to make necessary repairs within the Leased Premises or on said building with 24 hours prior notice except in a bona fide emergency situation in which notice is not required. The Landlord shall have the right to show the Leased Premises to prospective tenants at any time during the final year of the lease term or any extension or renewal thereof, providing it does not unduly interfere with the Tenant's use of the Premises. 9. Subordination: .~ ., This Lease shall be subject"to and subordinate at all times only to the lien of any first mortgage and/or ~eed of trust and to all advances made or hereafter to be made thereunder. This subordin~tion provision shall be self-operative and no further instrument of subordination shall be required. 10. Assianment or Sublettina: Tenant shall not assign, mortgage or encumber this Lease, nor sublet the premises or any part thereof without the prior written consent of Landlord which consent shall not be unreasonably withheld or delayed. Said consent to assignment or sublease may be withheld in the sole and absolute subjective discretion of the Landlord if the subleasee's use conflicts with any existing Tenant in the center. In the event of the insolvency or bankruptcy of Tenant, this Lease shall, at the option of the Landlord, terminate forthwith, and this Lease shall not, by operation of law or otherwise, be considered a part of the Tenant's estate. Tenant may assign this Lease without Landlord's consent (but with notice to Landlord) to another optical services company provided said sublessee has the financial capability to pay the rent under this Lease. 11. Alterations: The Tenant covenants not to make or permit any alterations, additions or improvements to said premises without the prior written consent of the Landlord, and all additions and improvements made by Tenant, except only moveable office furniture, and equipment, shall becont~ the property of the Land~ord at the termination of this Lease or the vacating of this preml.ses. 4 'N~;:,.",..", f.~ ~, - "'"1-- -"^ - f~\l' . 'I " 12. Increased Fire Insurance Rate: Tenant shall not do, suffer to be done or keep or suffer to be kept anything in, upon or ,about the Demised Premises 'which will contravene Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to public liability or which will prevent Landlord from procuring such policies in companies acceptable to Landlord. If anything be done, omitted to be done or suffered to be done by Tenant or kept or suffered by Tenant to be kept in, upon or about the Premises that shall cause the rate of fire or other insurance on the Premises or other property of Landlord in companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Demised Premises for use for the purposes permitted under this Lease, Tenant will pay the amount of such increase promptly upon Landlord's demand as additional rent. 13. Common Facilities: The common Facilities which may be furnished by Landlord in or near the Office Building area/building for the general common use of Tenants, their officers, agents, employees and customers, including, without limitation, all parking areas, access roads, employee parking areas, driveways, loading docks and areas, delivery passages, sidewalks, malls" courts' and ramps, landscaped and planted area, repainting walls, stairways, bus stops, lighting facilities, comfort stations, elevators and other areas and improvements, shall at all times be subject to the exclusive control and management of Landlord. Landlord reserves the. right, in its sole discretion, to change, rearrange, alter, modify, reduce or supplement any or all of the common facilities so long as adequate facilities in common are made available to Tenant herein. 14. ADDearance Outside: Tenant shall maintain its show windows in a neat and clean condition, shall keep the sidewalks adjoining the Demised Premises clean and free from rubbish, and shall store all trash and garbage in the dumpsters provided by Tenant. Tenant shall not burn any trash of any kind in or about the building, nor shall Tenant permit rubbish, refuse or garbage to accumulate or fire hazard to exist about the Demised Premises. Landlord agrees that Landlord shall maintain the common areas of the shopping center in a commercially reasonable manner in order to attract customersw 15. Sians: The Tenant shall not display any sign, picture, advertisement, awning, merchandise, or notice on the outside or roof of the builaing of which the Demised Premises are a part, nor an the exterior of the Demised Premises unless approved by the Landlord in writing. Said sign shall be in conformity, as to size, style and location, with the signage scheme established by the Landlord for the Building. Tenant shall, within a reasonable time, submit to Landlord for Landlord's approval, a sketch of the sign. Tenant shall have no right to correct the style or size of the sign or lettering thereon, providing same conform with the scheme mentioned above, but the corrections shal~ be only with respect to the spelling of the names to be displayed thereon. Landlord, at Tenant's cost, shall have the right to require Tenant to place signage on the exterior of the building, in accordance with the approved signage scheme, at any time during the term of this Lease. . 5 ~:i!<~~, C',. ,. ,. ~., ,~. _, ,,".__,. n',_ .~ "-, f~ ~ - r~ \r~~ " 16. Disolav: The Tenant shall not display any merchandise, place vending machines or show cases or other obstructions on the outside of the building, or the Demised Premises, or in any lobby or passageway adjoining the same. 17. Lavout of Buildina: The purpose of the site plan'attached hereto as SchedulE! "A" is to show thE! approximate location of the Demised Premises. Landlord reserVE!S the right at any time to relocate the various buildings, automobile parking areas and other common areas shown on the site plan. Landlord hereby reserves the right at any time to make alterations or additions to and to build ' additional stories on the buildings in which the Demised premises are contained and to build additions adjoining the same or elsewhere in the Building. Landlord also reserves the right to constru~t other buildings or improvements in the area of the Building from time to time and to make alterations thereof or additions thereto on any such building or buildings and to build adjoining same. Notwithstanding anything to the contrary contained herein, no alterations, improvements or additions to the shopping center shall materially adversely interfere with the visibility or access to the Tenant for a period of time in excess of one (1) week. If such interference does occur, basic annual rent shall abate for the time period when the interference exists. 18. Securitv Denosit: Tenant, contemporaneously with the execution of this Lease, has deposited with Landlord, the sum of One Thousand One Hundred Dollars ($1,100.00), receipt whereof is hereby acknowledged. Said deposit shall be held by Landlord, without liability for interest, as security for the faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease by said Tenant to be kept and performed during the term hereof. If at any time during the term of this Lease any of the rent herein reserved shall be overdue and unpaid, or any other sum payable by Tenant to Landlord hereunder shall be overdue and unpaid, then Landlord may, at the option of Landlord, (but Landlord shall not be required to), appropriate and apply any portion of said deposit to the payment of such overdue rent or , other SUm. Should the entire deposit, or any portion thereof, bE! appropriated and applied by Landlord for the payment of overdue rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, upon the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore said security to the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. Should Tenant comply with all of said terms, covenants, and conditions and promptly pay all of the rental herein provided for as it falls due, and all other sums payable by Tenant in full at the en~ of the term of this Lease, or upon the earlier termination of th1s Lease, the said Security Deposit shall be returned to Tenant; no interest thereon shall accrue nor shall any interest be paid to Tenant. Landlord may deliver the funds deposited hereunder by Tenant to the purchaser of Landlord's interest in the Demised Premises, in the event that such interest be sold and t~ereuPon Landlord shall be discharged from any further liability wlth respect to such deposit. Tenant agrees, however, that in the event the first mortgagee (or trustee under the first deed of trust) encumbering the building takes possession of the Premises through foreclosure or otherwise, the said first mortgagee (or trustees under the first deed of trust) shall not be accountable for any payments made pursuant to the first sentence of this P~ragraphr unless the first mortgagee' (or trustees under the f1rst deed of trust) have acknowledged receipt, in writing, of 6 ,'-"",~E,t,t..-i_(...-.- "T ,,^' 1'- ~ , ..~. .~ ~ .. the said payments. If Tenant is never in default during the . original term of this Lease, even if Tenant renews, Landlor~ w~11 return said security deposit to Tenant at the end of the or1ginal lease term. 19. Damaae to Premises: If the Premises are partially damaged by fire or other casualty, not the fault of the Tenant, Landlord shall make repairs as speedily as conveniently possible. If the damage is so extreme as to render the Premises wholly unfit for occupancy, the rent shall cease until the Premises are put into repair by the Landlord. In the event of total destruction of the building of which the Demised Premises form a part, or if in the judgement of the Landlord the damage to the Demised Premises cannot be repaired within one hundred twenty (120) days, and if the Landlord shall decide not to restore or repair the same, or shall decide to demolish the building, the Landlord may, within sixty (60) days after such fire or other casualty, by notification to the Tenant, terminate this Lease. In the event the Premises are only partially damaged and fit for occupancy, Tenant shall continue to pay rent, which rent shall be equitably adjusted. In no event shall Landlord be liable fOr. any loss or damage sustained by Tenant by reason of fire or other accidental casualty. In the event more than fifty (50%) percent of the building is destroyed and the Leased Premises are unfit for occupancy, the Tenant may terminate this Lease upon thirty (30) days prior written notice to the Landlord. 20. Waiver or Breach: No waiver of any breach of the covenants, provisions or conditions contained in this Lease shall be construed as a waiver of the covenant itself or any subsequent breach itself; and if any breach shall occur and afterwards be compromised, settled or adjusted, this Lease shall continue in full force and effect as if no breach had occurred. 21. Rules and Reaulations: Tenant shall comply with all rules and regulations of the Windsor Park Shopping Center which rules and regulations are attached hereto and are hereby made a part of this Agreement. Any violation of said rules shall be a violation of this Lease, which shall, subject to the notice provisions of Paragraph 2B(b), at the sole option of the Landlord, thereupon cease and terminate, and Tenant shall be liable for all rent (past and future) and other damages to Landlord as provided in Paragraph 2B(b) and/or Landlord shall be entitled to any other remedy which it may have at law or in equity and/or otherwise provided for, in this Lease. Landlord shall have the right to make additions and amendments to the Rules and RegUlations, which shall be as binding on Tenant as if set forth herein, provided such additions and amendments do not materially and ~dversely affect the Tenant's Use of the Demised Premises, and provided that they are not inconsistent with the terms of this Lease. 22. Insurance: The Tenant agrees to procure and maintain in force public liability insurance in a company or comparlies acceptable to Landlord for the "leased premises which policies shall' be written to protect the Tenant and the Landlord in the amount of One Million Dollars ($1,000,000) combined single limit per occurrence with at least an aggregate of Two Million Dollars ($2,000,000) excess coverage and with Fire Legal Liability coverage in the amount of Five Hundred Thousand Dollars ($500,000). Tenant also agrees to furnish to Landlord ?ertificates of the ~ssuance and maintenance of such policies of lnsurance, all of WhlCh shall be paid for by the Tenant. 7 ,0"'&,?!C:C~ - ',~ - ,,," -,,,...-, , I'"' " ~ ,""-- ~ Q~ "f~K' 23. Indemnitv: Tenant will indemnify Landlord and save it harmless from and against any and all claims, actions, damages, liabilities and expenses (including reasonable attorneys fees) in connection with loss of life, personal injury and/or damage to property (including environmental and hazardous waste damages) arising f~om or out of any occurrence in, upon or at the Leased Premises, or the occupancy or use by Tenant of the Leased Premises or any part hereof, or occasioned wholly in part, by act or omission of Tenant, its agents, contractors, or employees, servants, lessees or invitees. In case Landlord. shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred by Landlord in connection with such litigation. Tenant shall indemnify L;mdlord for any damage to .. any property of Landlord caused by or arising out of or in connection with any act or omission of Tenant, its employees, servants, agents, contractors, or invitees, or Tenant's occupancy or use of the premises or common areas, or anything, matter or condition of, on or pertaining to the premises, or any breach by Tenant of any term, covenant or condition of this Lease to be performed or observed by Tenant. Landlord will indemnify Tenant and save it harmless from and against any and all claims, actions, damages, liabilities and expenses (including reasonable attorney's fees) in. connection with loss of life, personal injury and/or damage to property (including environmental and hazardous waste damages)" arising from or out of any occurrence in, upon or at the Leased Premises and occasioned wholly or in part, by act or omission of Landlord, its agents or employees. In case Tenant shall, without fault on its part, be made a party to any litigation commenced by or against Landlord, then Landlord shall protect and hold Tenant harmless and shall pay all costs, expenses and reasonable attorney's fees incurred by Tenant in connection with such litigation. Landlord shall indemnify Tenant for any damage to any property of Tenant caused by or arising out of or in connection with any act or omission of Landlord, its employees, servants, agents, contractors, or invitees, or Landlord's occupancy or use of the premises or common areas, or anything, matter of condition of, on or pertaining to the premises, or any breach by Landlord of any term, covenant or condition of this Lease to be performed or observed by Landlord. 24. Condemnation: " In the event the whole or any part of the Leased Premises shall be taken under the power of eminent domain, or sold under threat thereof, or taken in any manner for public use, the Landlord, at its option, may terminate this Lease, which Lease shall then terminate on the effective date of the condemnation or sale. The compensation awarded or paid for such taking, both a$ to Landlord's reversionary interest and Tenant's interest under this Lease, shall belong to and be the sole property of the Landlord. Tenant shall have no claim against the Landlord or be entitled to any award or damages other than an abatement of the rent beyond the period of termination date and compensation paid for moving expenses and/or cost of removal of stock and/or trade fixtures, if allowable by the bondemnor. 25. Additional Rent and Attornev's Fees: Whenever, under the terms of this Lease, any sum of mone~ is required to be paid by Tenant in additlcon to the rental here7n,reserved, whether or not such sum is herein designated as lIaddl.tl.onal rental", or provision is made for the collection of such sum as "additional rental", said sum shall, nevertheless, at Landlord's option, if not paid when due, be deemed additional 8 t .~~ -";,,,i.,"~ _~...,..,!l.ll. ~~,_o . -- ~,.- I' " - "~- ,-'- r~ ^' w rent, and shall be collectable as sucp. In the event of employment of an attorney by the Landlord because of the violation of any term or provision of this Lease; the Tenant shall pay reasonable attorney's fees. 26. Covenant to Surrender: , This Lease and the tenancy hereby created shall cease and terminate at the end of the original term hereof, without the necessity of any notice of termination from either Landlord or Tenant, and Tenant hereby waives notice to remove and agrees that Landlord shall be entitled to the benefit of law respecting summary recovery of possession of the premises from a Tenant holding over to the same extent as if statutory notice was given, provided, however, that this Lease and. the tenancy hereby created shall not so cease and terminate at the end of the original term if the Tenant shall have been granted an option or options to renew and shall have exercised said option or options in accordance with the terms thereof and shall be entitled to remain in possession under said option and/or options. In said event, this Lease and the tenancy hereby created shall cease and terminate at the end of the last option period exercised under the terms of this Lease without the necessity of any notice of termination from either Landlord or Tenant, and the Tenant hereby waives notice to remove and agrees that Landlord shall be entitled to the benefit of law respecting summary recovery of possession of premises from the Tenant holding over to the same extent as if statutory notice were given. If Tenant shall occupy the premises after such expiration or termination, it is understood that Tenant shall hold the premises as a tenant from month to month, subjeot to all the other terms and conditions of this Lease, at an amount equal to double the highest monthly rental installment reserved in this Lease. 27. Ouiet Eniovment: Landlord covenants that, upon the payment of the rent herein provided, and the performance by the Tenant of all covenants he~ein, Tenant shall have and hold the premises, free from any interference from the Landlord, except as otherwise provided for herein. 28. Tenant Default: (a) In case of the non-payment of rent within five (5) days after written notice is mailed to Tenant, or in case the said Leased Premises shall appea~ to be deserted, or vacated, the Landlord shall have the right to enter the same and distrain for any amount of money that may be due under this Lease, either by force or otherwise, without being liable to any prosecution therefor, and to apply any proceeds to the payment of the rent due or to be due, holding the Tenant liable for any deficiency. (b) It is agreed that upon any default on the part of the Tenant of any provision or covenant of this Lease other than the non-payment of rent, the Landlord shall have the right, after ten (10) days notice to the Tenant, to perform therefore on behalf of the Tenant at the risk and expense of the Tenant and to render a bill for the cost thereof to the Tenant, which shall be payable as rent. Upon failure of the Tenant to pay such bill within ten (10) days after sending ~uch bill to the Tenant at the Leased Premises, the Landlord shall have the same rights against the Tenant (and with reference to the leased premises) as it has in the event of non-payment of rent. (c) The Landlord shall have the right after ten ' (10) days' written notice of a violation by the Tenant of any of the covenants or provisions on the part of the Tenant contained in this Lease, to re-enter and take possession of the Leased Premises without formal notice if the violation has not been 9 '~~~:;~ - - -"'. C'l-,~ -~~'-, , ,,. ~ . ~r ,.. ~r " ~ ~& corrected within said ten (10) days after notice (provided that if the Tenant has commenced to repair the Premises within said ten (10) days and proceeds, with due diligence to complete same, it shall not constitute a default), and it is further agreed that notwithstanding such re-entry, the Tenant ,shall remain liable for all rent and other damages and losses as of the date of re-entry, and shall further be liable, at the option of the Landlord, for the amount of rent reserved under the Lease for the balance of the term, less any amount of rent received by the Landlord during such period from others to whom the Premises may be rented on such terms and conditions and at such rentals as Landlord, in its sole discretion, shall deem proper, all of which shall be at the ,'"'' risk and expense of the Tenant. In addition, Landlord, at its option, shall have the right to repossess the Leased premises and terminate this Lease. (d) In the event Landlord terminates this Lease, , the Landlord may, without further notice, re-enter the Leased premises and dispossess Tenant, the legal representatives of Tenant, or other occupant of the Leased Premises, and remove their effects and hold the premises as if this Lease has not been made. The Landlord shall also be entitled to the benefit of all provisions of law for the recovery of land and tenements held over by Tenant in Cumberland County, Pennsylvania, or the Township in which the Premises are located, including the benefit of any public, general or local laws relating to the speedy recovery of possession of lands and tenements held over by lessees in said County in which the Premises are located, that not or may hereafter be enacted. (e) It is expressly agreed and understood that the exercise of anyone or more of said rights shall not be construed as a waiver of any other rights, it being understood that all of said rights shall be cumulative and may be exercised simultaneously. (f) The Tenant does hereby, upon breach of any of the conditions or covenants of this lease during the original term or any renewal, and also when and as soon as the term hereby created or any extension or renewal thereof shall have expired agrees that an amicable action of ejectment may be entered by the protho-notary of the Court of Common Pleas of the County of Cumberland as if a complaint in ejectment has been filed by the Landlord as Plaintiff against the Tenant as defendant for all and singular the property herein described and as if said complaint in ejectment had been duly served personally upon the Tenant by the Sheriff of said County within said county and had been duly , returned by said Sheriff served personally upon said Tenant, and the said Tenant hereby authorizes and empowers any attorney of any court of record to appear for the Tenant in said amicable action of ejectment of confess judgment therein in favor of the Landlord and against the Tenant for said premises and said Tenant further authorizes the immediate issuance of a writ of possession upon a praecipe therefor by the plaintiff'S attorney and the Tenant hereby waives any and all right of stay of execution and releases to the Landlord all errors and defects whatsoever in entering said action or judgment or in causing said writ to is~ue or in any proceeding thereon or concerning the same and agrees that no writ or error, objection or exception shall be made or taken thereto, and if after execution and return of the writ the defendant shall re-enter into possession, the prothonotary, upon praecipe and affidavit setting forth the facts, filed within three (3) years after the return of the writ upon which execution was completed shall issue a new writ of possession. 29. Notice: ~ All notices from Tenant to Landlord shall be sent by Registered or Certified Mail, Return Receipt Requested, and addressed to Landlord at 9183 Reisterstown Road, OWings Mills, 10 ~r .. ~~~ ',"~~"'. " ~4 < 1-, ~^' . ~" . "Ij~~ ~ Maryland 21117. After occupancy of the demised premises, all notices from Landlord to Tenant shall be sent by Registered or certified Mail, Return Receipt Requested, Hand Delivery, or nationally recognized overnight Delivery service and addressed to Tenant at the premises. Either party may from time to time, designate, in writing, by Registered or certified Mail, Return Receipt Requested, a substitute address, and, thereafter all notices shall be sent to such substitute address. 30. Other Taxes: Tenant shall assume and pay to Landlord, as additional rent, prior to the imposition of any fine, penalty, interest or costs for the non-payment thereof, all excise, sales, gross receipts, or other tax (other than a net income or excess profits tax) which may be (i) assessed or imposed on or be measured by such rent or other charge whiCh may be treated as rent, or (ii) which may be imposed on the letting or other transaction for which such tax is payable and which Landlord may be required to payor collect under any law now in effect or hereafter enacted by any governmental authority. In the event any tax is imposed pursuant to this Paragraph in place of the real property tax, then Tenant shall receive credit for an amount equal to its proportionate share of the Base Year tax which would have been paid pursuant to Paragraph 3 hereof. 31. Renresentations: r Landlord or Landlord's agents have made no representations or promises with respect to the said building or Demised Premises except as herein expressly set forth. 32. Trial bv Jurv: Landlord and Tenant do hereby waive trial by jury in any action, proceeding or counter claim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the demised premises, and/or any claim of injury or damage, and any emergency statutory or any other statutory remedy. 33. Parkina: During the term of this Lease, customers of Tenant will be entitled to the non-exclusive use, free of charge but in common with others, of the driveways, footways, and parking areas provided that such use shall be subject to such rules and regulations as Landlord may, from time to time, prescribe governing the same; and provided further that Landlord shall at all times have full and exolusive contro~, management and direction of said driveways, footways and parking areas. Landlord shall further have the right to police the same; to restrict parking by Tenant, their agents and employees; to designate employee parking areas; to establish and enforce parking charges (by meters or otherwise) with appropriate provisions for free parking ticket validation by Tenants; to close temporarily all or any portion of the parking areas or facilities as may be required for proper maintenance and/or repairs; to discourage non-customer parking; and to do and perform such other acts in and to such areas in the use of its business judgement, the Landlord shall determine to be advisable in order to improve or make more convenient use thereof by Tenant, their officers, agents, employees and customers. The Landlord may, from time to time, change the location, layout and arrangement of the parking areas, driveways and footways and reduce the same by erecting therein store buildings and other structure or improvements of any kind. . 11 -q~ww~(_~_ ~ - , F' .~ ~ ~~ ~ ~r ~ 34. Gender: Reference to masculine, feminine include proper gender as the case may be. Tenant is named herein, the obligations of shall be joint and several. 35. Construction of Premises: or neuter shall If more than one the person so named To the extent possible, Landlord shall make available to Tenant the benefits of all warranties and guarantees obtained from contractors, subcontractors, suppliers and manufacturers in connection with the original construction and subsequent alteration and repair of the premises and appurtenances. 36. Access bv Tenant: Prior to the commencement date, Landlord shall allow the Tenant and their agents or employees to enter upon the premises for the purpose of erecting Jixtures and improvements :~ ., not provided by the Landlord. The Tenant covenants that they and their agents or employees shall enter on the premises and do their work at such times and in a manner which will not interfere with the work being performed by the Landlord. The Tenant further covenants that all work done by them or on their behalf shall be done in a good and workmanlike manner. The entry upon ' the premises by the Tenant or their agents or employees pursuant to this Paragraph shall not be deemed to be occupancy of the premises for the purpose of Paragraph 1 hereof. 37. Estonnel Certificates: Tenant agrees that at any time, and from time to time, upon not less than five (5) days prior notice by Landlord, it will execute, acknowledge, and deliver to Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified, and stating the modifications) and the dates to which the rent and other charges have been paid in advance, if any, and stating whether or not, to the best knowledge of the signer of such certificate, Landlord is in default in the performance of any covenant, agreement or condition contained in this Lease and, if so, specifying each such default of which the signer may have knowledge, it being intended that any such statement delivered hereunder may be relied upon by any third party not a party to this Lease. 38. Landlord's Liabilitv: It is understood that Landlord is a Maryland General ~. .0 PartnerShip, and it is agreed, that in the event of the entry of any judgment against the partners of said partnership, as it is now or may hereafter be constituted, arising out of or by virtue of any Obligation required of Landlord pursuant to this Lease, no assets of any partner shall be liable to levy and/or execution and/or sale for satisfaction of said judgement except for the partner's interest in the partnership property of said partnership. 39. Landlord's Insurance Premiums: Tenant agrees to pay, as additional rent, within thirty (30) days after being billed therefor by Landlord, 1.46% of any and all insurance premiums charged Landlord for Landlord's fire, extended coverage and liability insurances, including umbrella coverage with respec!c to the Building. Such additional rent shall be pro-rated for the last lease year. 12 -',-"f"ii'1"(oF'", ,~J'1)~~r - I ~-~, ~. - ~ ", ~~ , -~ 40. Possession: The parties hereto anticipate that the Leased Premises will be ready for occupancy on or about the first day of November, 1995. In the event the premises is not ready for occupancy on the date stipulated, the Lease shall nevertheless continue in full force and effect and Tenant shall have no right to rescind, cancel or terminate the same, nor shall the Landlord be liable for damages, if any, sustained by Tenant's inability to obtain possession on such date, except that the commencement date shall be moved forward to the date on which possession is made available. 41. Landlord's Work Landlord agrees, at its cost and expense, to do the following work within the premises: 1. Add wood sign over door. 2. Restore premises to clean vanilla shell including clean ceiling tiles.. 3 . Remove trash from premises. 4. Clean front windows and doors. Upon payment of $2500 to Landlord by Tenant, Landlord will perform the work set forth in Exhibit B attached hereto. 42. ootion to Renew: Landlord covenants and agrees that if Tenant shall not be in default in the performance of any of the covenants, conditions and agreements of this Lease, Tenant shall have the right and privilege, at its election, to renew this Lease for a further term of ~ee (3) years by signifying its intention to renew, in writing, to the Landlord no later than six (6) months preceding the termination date of the original term of this Lease, time being of the essence. This renewal term shall be upon the same terms, covenants and conditions as are set forth herein for the original term, saving that the annual rent (as set forth in Paragraph 1 of this Lease) for the renewal term shall be as follows: Year 4 5 6 Annual Rent $14,848.20 $15,442.20 $16,059.84 Monthlv Rent $ 1,237.35 1,(11- i, $ 1,286.85 ii(, ( - I. $1,338.32:'; 43. Common Area Maintenance Landlord or its affiliates, subsidiaries, agents or employees shall be responsible for the maintenance of landscaping around the building(s) (lawncutting, snow removal, trash removal, etc.) in which the premises are located, as well as all the cost and expense of repainting and general exterior maintenance and other maintenance of the common area, parking area, driveways and alleys. Landlord or its affiliates, subsidiaries, agents or . ~mployees shall also be responsible for the cost and expense of maintaining and illuminating the common areas around the buildings(s) . Tenant shall reimburse Landlord for Tenant's proportionate share of such costs within fourteen (14) days after Landlord's request therefor. At Landlord's option, Tenant shall pay Landlord one twelfth (1/12) of Landlord's reasonable estimate of such costs on an annual basis, which payment shall be included with Tenant's monthly payment of base rental. Appropriate adjustments shall be made between Landlord and Tenant upon the determination of the actual amount of such costs by Landlord. Landlord shall provide Tenant with written notice (the "Adjustment Notice") of the actual adjustment to be made by and 13 ';~;eK""'1lJ'_, -~ ~~ - .~, ^'. I""'", "1""""4, - JJJ, :(.'.. ...~ ~~~ ~ H ,~",,'_ ,"",''''~_~~;"",,4'=->-'''<''' between Landlord and Tenant. Upon ten (10) dyas advance written notice received by Landlord no later than thirty (30) days after the Adjustment Notice is sent, Tenant may inspect Landlord's books and records pertaining to such costs for the immediately preceding lease year at a location and date reasonably acceptable to Landlord but no later than ninety (90) days after the Adjustment Notice is sent. Tenant shall have no additional right to inspect Landlord's books and records unless specifically stated otherwise in this Lease. :r " " . 44. Exclusive: Provided Tenant is not in default and no condition exists which will result in the default with the mere passage of time, Landlord agrees that it will lease no space in the Windsor' Park Shopping Center from the day of this Lease forward to an optical services company. Nothing in this Exclusive shall restrict any Lease which is in existence prior to the date of this Lease. Furthermore, nothing in this Exclusive shall limit the occasional sales of sunglasses, reading glasses or the like by any of the tenants in The Windsor Park shopping Center. 45. Occunancv: Provided Tenant is not in default and no condition exists which will result in the default with the mere passage of time, if at any time more than fifty percent (50%) of the Tenant's spaces (actual addresses not square footage) are unoccupied and not open for business during the Lease term, Tenant shall have the right to terminate this Lease upon thirty (30) days advance written notice to Landlord. If Landlord can evidence cure this default within the thirty (30) day period, Tenant shall have no right to terminate this Lease. 46. CaDs: Notwithstanding anything to the contrary contained herein, there shall be a cap on any passthroughs incurred by Tenant for :real estate taxes (Paragraph 3) I insurance costs . ~r. .- (Paragraph 39) and common area maintenance charges (Paragraph 43) undar this Lease~ Under any circumstances, the common area maintenance, real estate tax and insurance costs shall not exceed $1.40 per square foot in Year 1 of the Lease and this cap shall increase by an additional five percent (5%) each lease year (Le., in Year 3, the cap rate on the expenses shall be $1.55 which is a five percent (5%) increase on $1.40 over two (2) years). 47. Death of Guarantor: If one of the two (2) individual guarantors of this Lease dies during the term at the Lease, provided no default exists under this Lease, said guarantor who is dead shall be released of its liability under the Lease and the Guaranty~ Upon such release of liability, the remaining guarantor shall be fully liable under the terms of this Lease and their Guaranty. 48. Miscellaneous: This Lease and the covenants, terms and conditions contained herein shall inure to the benefit of and be binding on Landlord, provided that if Landlord sells or otherwise transfers title to building or Real Property, the Landlord shall be relieved of all covenants and obligations hereunder upon completion of such sale or transfer, and it shall be considered that the transferee has assumed and agreed to carry out all of the obligations of the Landlord hereunder. This Lease and the covenants, terms and conditions contained herein shall be binding on and inure to the benefit of the Tenant, its heirs, " . 14 ~"'~~%.;iJll\{~.t' " '" , -. - ,~,~ - 'I~" ~< ~ ~ """"-~""""~'~'f" ~,."'''<'ii' di$tributees, executors, administrators, successors, and, except as otherwise provided in this Lease, its assigns. IN WITNESS WHEREOF, the parties hereto,- by the properly, authorized persons and with their respective seals attached, have duly executed this Lease the day and year first above written. DWEr ~ ' .v.~, ~ , ' BY: l>r ItI: ! '~v'~' ~: files\leases centrlpe 10/20/95 ," ' 15 ,..-,<f'1'?!I'!JIiM\l1~, . ,.. -'I " CENTERS (SEAL) (SEAL) Partner :r .. ~, ~~- ""'"_~^" """"l"""""'!'ill'P'-"~ :L " ADDENDUM #1 GUARANTY OF LEASE This Guaranty of Lease (hereinafter referred to as "this Guaranty"), made this ~ day of November, 1995, by and , between RONALD HUNZIKER, a resident of pennsylvania, having an address ~t 901 Hawthorn Avenue, Mechanicsburg, PA 17055 hereinafter referred to as lithe Guarantor") and WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, a partnership organized and existing under the law of Maryland having an address at c/o 9183 Reisterstown Road, owings Mills, Maryland 21117. Witnesseth, that to induce the Landlord to enter into a Lease (hereinafter referred to as "the Lease") by and between the Landlord, as landlord, and Central Penn Eyecare (hereinafter referred to as lithe Tenant"), as tenant, covering all of that real property, situate and lying in Cumberland County, Pennsylvania, which consists of space having approximately 1200 square feet of floor area located at 5244 simpson Ferry Road (hereinafter referred to as "the premisesll), the Guarantor hereby unconditionally and irrevocably guarantees to the Landlord (1) the TenSht's due and punctual payment in full (and not merely the collectibility) of any and all rent and other sums required to be paid by the Tenant under the provisions of the Lease, (2) the due and punctual performance (and not merely the enforceability) of all of the Tenant's other obligations thereunder; and (3) the due and punctual payment in full (and not merely the collectibility) of any and all loss, damages or expenses incurred by the Landlord and arising out of any default by the Tenant in performing any of its obligations thereunder. The Landlord may, in its sole discretion, and without- in any way releasing, altering, impairing or discharging the Guarantor's obligations and liability hereunder, from time to time (1) waive compliance with or any default under the provisions of the Lease; or (2) modify or supplement any of the provisions of the Lease; or (3) grant any extension or renewal of the terms of the Lease or any periOd referred to therein; or (4) effect any release, compromise or settlement in connection therewith; or (5) assign or otherwise transfer any or all of th~ Landlord's interest in the _Lease, or (6) accept or discharge any other person as a guarantor of any or all of the Tenant's obligations under the provisions of the Lease or (7) accept or permit any proposed assignment or subletting under the provisions of the Lease. The Guarantor's obligations hereunder (1) shall be unconditional, irrespective of the enforceability of the Lease, the adequacy of any consideration given therefor, or any other circumstance which might otherwise constitute a legal or equitable discharge of a guarantor under applicable law (provided, however, that no determination by any court, governmental body or otherwise that any provision of this Guaranty or of the Lease is invalid or unenforceable in any instance shall affect the validity or enforceability of (a) any other provision, or (b) such provision in any circumstances not controlled by such determination, it being the express intention of the parties that each such provision shall be valid and enforceable to the fullest extent allowed by, and shall be construed wherever possible as being consistent with, applicable law; (2) shall be primary; and (3) shall not be conditioned upon the Landlord's pursuit of any remedy which it has against the Tenant Or any other person with respect to the Lease. It shall be an event of default under this Guaranty permitting the Landlord to declare a default under the Lease an~pursue all remedies therefor if the Guarantor (1) applies for or consents to the appointment of a receiver, liquidator or trustee of the Guarantor or of all or a substantial part of its assets, (2) files a voluntary petition in bankruptcy or is generally unable to pay its debts as they become due, (3) makes an assignment for the ~enefit of creditors, (4) files a petition or an answer seek~ng a reorganization or an arrangement with creditors or seek1ng to take advantage of an insolvency law, (5) performs or suffers any other act of bankruptcy, reorganizaiton or insolvency 16 "':<i.l1-"""n:y,IlIl\~, ~--- , ~ "~ _l'" ,- . ~r . ..' t ^'~~ ~ ~ ~""1~ -" I~ ~~ proceeding or if such petition is not dismissed within sixty (60) days. In witness whereof, the Guarantor has exequted and -~r:~ ensealed this Guaranty, the day and year first above written. COUNTY OF WITNESS or ATTli. f~~j ~ .ff ~r co ~' , STATE OF TO WIT I hereby certify that on this _____ day of November, 1995, before me, a Notary Public for the State and county aforesaid, personally appeared RONALD HUNZIKER, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, who acknowledged that he is a resident of the State of Pennsylvania, that he has executed the foregoing instrument on his behalf for the purposes therein set forth, and that the same is its act and deed. In witness whereof, I have set my hand and Notarial Seal, the day and year first above written. Notary public My co~ission expires on 17 ~ "",,,1';;:<( ~_ " . ',,__~ '''''.' J).1__"'~c~__A" ~" - I~' _ ,,=._, ~r r~' ..,..,...JlllIlI ADDENDUM #2 GUARANTY OF LEASE This Guaranty of Lease (hereinafter referred to as "this Guaranty"), made this b.A.- day of November, 1995, by and between DAVID THOMAS, a resident of pennsylvania, having an address at 730 Meadow Drive, Camp Hill, PA 17011, hereinafter referred to as "the Guarantor") and WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, a partnership organized land existing under the law .~~:., of Maryland having an address at c/o 9183 Reisterstown Road, owings Mills, Maryland 21117. Witnesseth, that to induce the Landlord to enter into a Lease (hereinafter referred to as "the Lease") by and between thE\ Landlord, as landlord, and Central Penn Eyecare (hereinafter referred to as lithe Tenant"), as tenant, covering all of that real property, situate and lyi~g in Cumberland county, Pennsylvania, which consists of space having approximately 1200 square feet of floor area located at 5244 Simpson Ferry Road (hereinafte.r referred to as "the Premisesfl), the Guarantor hereby unconditionally and irrevocably guarantees to the Landlord (1) the Tenant's due and punctual payment in full (and not merely the collectibility) of any and all rent and other sums required to be paid by the Tenant under the provisions of the Lease, (2)' the due and punctual performance (and not merely the enforceability) of all of the Tenant's other obligations thereunder; and (3) the due and punctual payment in full (and not merely the collectibility) of any and all loss, damages or expenses incurred by the Landlord and arising out of any default by the Tenant in performing any of its obligations thereunder. The Landlord may, in its sole discretion, and without in any way releasing, altering, impairing or discharging the Guarantor's obligations and liability hereunder, from time to time (1) waive compliance with or any default under the provisions of the Lease; or (2) modify or supplement any of the provisions of the Lease; or (3) grant any extension or renewal of the terms of the Lease or any periOd referred to therein; or (4) effect any release, compromise or settlement in connection therewith; or (5) assign or otherwise transfer any or all of the Landlord's" interest in the Lease, or (6) accept or discharge any other person as a guarantor of any or all of the Tenant's obligations under the provisions of the Lease or (7) accept or permit any proposed assignment or SUbletting under the provisions of the Lease. The Guarantor's obligations hereunder (1) shall be unconditional, irrespective of the enforceability of the Lease, the adequacy of any consideration given therefor, or any other circumstance which might otherwise constitute a legal or equitable discharge of a guarantor under applicable law (provided, however, that no determination by any court, governmental body or otherwise that any provision of this Guaranty or of the Lease is invalid or unenforceable in any instance shall affect the validity or enforceability of (a) any other provision, or (b) such provision in any circumstances not controlled by such determination, it being the express intention of the parties that each such provision shall be valid and enforceable to the fullest extent allowed by, and shall be construed wherever possible as being consistent with, applicable law; (2) shall be primary; and (3) shall not be conditioned upon the Landlord's pursuit of any remedy which it has against the Tenant or any other person with respect to the Lease. It shall be an event of default under this Guaranty permitting the Landlord to declare a default under the Lease and'pursue all remedies therefor if the Guarantor (1) applies for or consents to the appointment of a receiver, liquidator or trustee of the Guarantor or of all or a substantial part of its assets, (2) files a VOluntary petition in bankruptcy or is generally unable to pay its debts as they become due, (3) makes an assignment for the benefit of creditors, (4) files a petition or an answer seeking a reorganization or an arrangement with creditors or seeking to take advantage of an inSOLvency law, (5) performs or suffers any other act of bankruptcy, reorganizaiton or insolvency 18 ,,""'C''''~C:~~$:V,. .~__, . ~ ~ r" ,~ proceeding or if such petition is not dismissed within sixty (60) days. In witness whereof, the Guarantor, has executed and ensealed this Guaranty, the day and year first above written. AL~~~~ " . STATE OF COUNTY OF TO WIT I hereby certify that on this _____ day of November, 1995, before meJ a Notary Public for the state and County aforesaid, personally appeared DAVID THOMAS, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, who acknowledged that he is a resident of the state of Pennsylvania, that he has executed the foregoing instrument on his behalf for the purposes therein set forth, and that the same is its act and deed. In witness whereof, ! have set my hand and Notarial Seal, the day and year first above written. Notary public My commission expires on ." , 19 ,i. - .' '~"',,-?<'lJ;.'1!,~lJ1 < . ,. I'"~ - , ~r . " .'.,J' I\, --- "" - ~ ~T ~ RULES AND REGULATIONS 1. The sidewalks, halls passages, elevators and stairways shall not be obstructed by any of the tenants, or used by them for any other purpose than for ingress and egress to and from their respective leased premises. 2. Tenants, their clerks or servants, shall not make or commit any improper noises or disturbances of any kind in the building, or mark or defile the waterclosets, toilet rooms, . walls, windows, elevators or doors of the building, or interfere in any way with other tenants or those having business with them. 3. No carpet, rug or other article shall be hung or shaken out any window or placed in corridors as a door mat, and nothing shall be thrown or allowed to drop by the tenants, their clerks or employees, out of the windows or doors, or down passages or shafts of the building, and no tenants shall sweep or throw, or permit to be thrown from the leased premises, or any dirt or other substance into any of the corridors or halls, elevators, shafts or stairways of said building. 4. The toiletrooms, waterclosets, and other water apparatus shall not be used for any purpose other than those for which they were constructed, and no sweeping, rubbish, rags, ashes, chemicals, or the refuse from electric batteries, or other unsuitable substances, shall be thrown therein. Any damage resulting from such misuse or abuse shall be borne by tenant by whom or by whose employees or visitors it shall be caused. 5. No 5ignl advertisement, or notice shall be inscribed, painted or affixed on any part of the outside or inside of said building unless of such color, size, and style, and in such places upon or in said building as shall be first designated by Landlord. Signs on doors and windows, where permitted or required, will be affixed for the tenants by a contractor approved by Landlord, the cost of the sign and of the affixing to be paid by tenant. 6. After permission to install telephones, call boxes, telegraph wires, or other electrical wires has been granted, Landlord will direct where and how same are to be placed. No wires shall be run in any part of the building outside of the leased premises excepting by or under the direction of Landlord. The attaChing of wires to the outside of the building is absolutely prohibited. No boring or cutting of floors or partitions for wires is permitted except with prior written consent of Landlord. 7. Tenants may use their 'oWn safes, but Landlord shall the right to prescribe the weight and proper position of safes, and no safe shall be hoisted or placed in any part of the building excepting under the direction of Landlord's agents. All damage to the building caused by installing, maintaining or removing safe, furniture, equipment or other property shall be repaired at expense of tenant. 8. Each tenant must, upon termination of his Lease, surrender all keys delivered to said tenant. to to by 9. Any and all damage to floors, wal~s or ceilings or personal property due to tenant or tenant's employees' failure shut off running water in any piece of equipment shall be paid tenant. 10. Landlord shall have the right to prohibit any ~dvertising by any tenant which~in Landlord's opinion, tends to 1mpair the reputation of the building or its desirability as a building for offices, and upon written notice from Landlord, such tenant shall refrain from or discontinue such advertising. 20 -"'''f>~~'''.ll:.'M_<~.I~~~_,___ 1_ t,,- ,--' . ~:". " Iv ~, '^ ^^i',TIli'i'ifi', -^^ 'M 11. Landlord assumes no responsibility and shall not be liable for any damage resulting from the admission of any unauthorized person to the building- wpscpatn 10/5/95 21 '~^~-4"F:'"1"~,f!f!~""""""""'1~-"">_' .-~" :.0' . ~ I'; ~ f ~~~~ u / ~rr{ . - EXHIBIT !tAli "0. .. " > " :; " CO l Tudor Driv.- . t .. o. . ~ ~ "0 ..t. :.- """ . . "0 " o c.: to .. ~'~ c o ~ '" ,e UlWill ;;; mmru . ... ... .. - nllllllllllllllllllllllllllllJ "j''''1'1~'''~\''~.'i!l, :) ;~1IOOllI'f cr+~ " - f - "" ! - ~ , ':l'e!'<""''":'<'~': '" n - Frn1 ~ PENN I:YECIIlm 11'1 TOO 0191 To: W~I'VJ ""~'1r1 R"78% ;;~<'.i-+""'<>!t.(~_~.",.",,_,. 10/241'95 8T:." P. G01 -- P;ffr&tr 13 '. ~i"~ r ~ 0"1;1 ~"", . 0 ,'. -~ ( o " ~ ."i..1: .....--- I' Sf<l1J~t a .~: ~"r."" -~ .. . ...... '," ~ " ' .1 ~,' ,"~. ~.-~- """~r- ., C., tJ.J. ,l ,,11u,! rn ~ eX] O,p '-, " .. . ~ . .. IJJ (i.e,.f ~ I",,,, / /3",( ro V( .~ ff,.".'I- '117 '196 0'197 , , ""-- . 10-24-95 01:27AM POOL #23 ~ lj;~','di;.-ij!f'^-"'tr:':" ~" " "ij<'_"1i~-~~;;!\ff~ , N ~" .~ ~ -- I~- 1', --: EXHIBIT B " ~ '"0_" ~ .', IT 11/(1;.'98 )10): 15:3[1 F,\X -11(1 363 6;58 DAnD S, BROW): E):TERflSE ilf!:Jl)\Jj ESTABLISHED 19." q)tIVlt1 ~.~~enfel'PI'~es 100 Painters Mill Roz.d, Suite 900 p, O. Box 548 Owings Mills, MD 21117 410.363-3434/ FAX: 410.363-6758 " ,Ju:.1 26. ~99B Mr. Ron Hunziker Mr. Dave Thomas centra~ Penn Eyecare , 5244 s~mpson Ferry Roaa Mechanicsburg, PA 17055 (5V---0t 0 I \.......' ! I II /% - / dh 1/), ?E ; Lease Dear Ron and Dave; ~~ep:?I' '-;'/9""'Cj' . ~ . .J~{".i't,JI.Jr,.,./.: If As amazing as it seems, your ini~ial three (3) year lease ter~ shall expire on December 31, 1998. As you know, in Section ~2 of yo,,:!:; Lease, yc~l have a renew",l option which mUSl s.;~ exercised no later than six.(6) months prior to the end of your lease term, That six (6) month period ~lill expire on June 30, 1998. As a courtesy, \'/e are reminding you of this deadline and gi ving y'~l.l the option to sign below to exercise the renewal option set. forth in the Lease. If you so choose, please execute a copy of this letter and return it to us. If you have any questions I please do not hesitate to contact: me. We certainly look for'/lard to cOCltinuing the relatioll'hip bet~een Windsor Park ShoppinS Center and Central Penn Eyecare. ii, ' ,I 1 ,I ery ,,7ru/ pours, /. I"" 1(",/ .' "';, , " .. ",/[1' ;":t,(a-:i{~1,rl'.d~ e r The renewal option set forth in section 42 of the Lease dated Novembe:::: 2, 1995, by and bet~,een Wir.dsol' Park Shopping Cente:t:s Partnership and Central Penn Eyeuare is hereby exercised as of this day of June, 1998 BY; ~ rd rt:':!er 'WE rc n 1V [I)) DEe 0 9 19ge ..",;.!,~:,t"(=.'1""'W :':1!.! .~ . . . -r~ - !'l!ll1! . "~_ ._=~'~'-'" ~"l - "~~... Sent by: W:X WENGER WEIDNE8~ 7172344224; 12/05/01 9:44AM;JetF.Ix #358;page 8/8 . ' VERIFICATION I, Elena Roberts, Commercial Lease Administrator for Plaintiff in the foregoing Complaint, have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoif'1g Complaint are true and correct and that false statements made therein may subject rne to the pellalties of 18 Pa,C.S.A, Section 4904, relating to unsworn falsification to authorities, WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, LLP By: ~&(,/ ~- Elena Roberts Date /2)IZ,/D I '~-',(".,1$""11":!',~ . " ,. -, ,~,- ~" _ r"'1 ' " - ,"- --, ,"~.- !II ~""'--~~<r "-~-,,'~-' "-~~~~-"o""''&'''=-''.M'"1>~j'<f;;~'''''~{fu~;;~W1'i~r~ift'''~AA1~1Q~~!;; c-: I,~ - ( -') ~ ~ ~ C:.. Sl/ ..c r - <;A 0 -..... E0- 'a );,. -.I;) ~ ~ ~ --- =2 ~ 'S'-. ~ 1.1 tF> ~ - st. 1i '" ~\)O :!:o, ~ ,~ ~ C ,,' ~ ~ ~ i' ~ ""- '" '1 ~~~f"'~]Mil\!~,f'!~f$'-lJi~Fm*'\t."'~~lJ~yn~~~~~~ilMJ:F~~i!!I\f~:!'i~>fht~~.;P>_j~,,- "",)",:"':'~"'_"j,, ""';-';''';!*'_i!':'~n;ri?'~\t'''J,~,t:"~~~r:ir~_:fiR[,3,~,: SHERIFF'S RETURN - REGULAR ...... . CASE NO: 2001-07089 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINDSOR PARK SHOPPING CENTERS VS HUNKIZIKER RONALD ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon THOMAS DAVID S the DEFENDANT , at 1450:00 HOURS, on the 20th day of December, 2001 ~- .. at 730 MEADOW DRIVE ..- CAMP HILL, PA 17011 by handing to ~ . DAVID S. THOMAS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: . 6.00 9.75 .00 10.00 .00 25,75 ~~...-~~ R. Thomas Kline ,~-. ..... ..... ..., 12/26/2001 WIX WENGER & WEIDNER - . . Sworn and Subscribed to before By: ~r9'y.,i:r2 "- j me this ll"f>8., day of ~... "-1 ;).-I.t1J:U A.D. Ck'--- '2 )n,/p,.. # rot onotary , ",' -'--O-tf'",'(j'_~_:~~,~ " _ ,_""''''''''~_ ~ , ~_ ,~ , '['-"" - I.'" ~- . - .,.~ - .- ~~-'''' SHERIFF'S RETURN - REGULAR CASE NO: 2001-07089 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINDSOR PARK SHOPPING CENTERS VS HUNKIZIKER RONALD ET AL ..... ...... ...,. BRYAN WARD , Sheriff or Deputy Sheriff of ~. - Cumberland County , Pennsylvania, who being duly sworn according to law, .. says, the within COMPLAINT & NOTICE was served upon HUNZIKER RONALD J the DEFENDANT , at 0930:00 HOURS, on the 20th day of December, 2001 at 5250 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 by handing to RONALD HUNZIKER a true and attested copy of COMPLAINT & NOTICE together with ...- ...... .... ...,.. and at the same time directing His attention to the contents thereof. - - - . Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.15 .00 10,00 .00 35.15 .~~rIV~~ R. Thomas Kline 12/26/2001 WIX WENGER Sworn and Subscribed to before By: me this ~ee:;. day of (~"'bA"7 ;).lJV:U A,D. ~r~ D Ind;'~ ~ Prothonotary' ~". ... ... ..j . '. . ~':"",~"~t""," i ~l,jJ~IlIIl':_" _ ,-",,,", I~ - ~ .~- "" , ,,,,..., -'. ~,~-. - . < " , ~ 1" - SHERIFF'S RETURN - REGULAR . . CASE NO: 2001-07089 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINDSOR PARK SHOPPING CENTERS VS HUNKIZIKER RONALD ET AL .- ...... ..... ...... BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, - .... ,""., says, the within COMPLAINT & NOTICE was served upon THOMAS MICHELLE A IND AND T/A CENTRAL PENN EYECARE the DEFENDANT , at 1450:00 HOURS, on the 20th day of December, 2001 at 730 MEADOW DRIVE CAMP HILL, PA 17011 by handing to DAVID S. THOMAS, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. .... .... ...... ,- - ... ~ Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: -1/~ ...-t::~ R. Thomas Kline 12/26/2001 WIX WENGER & WEIDNER Sworn and Subscribed to before By: ,~ ~J-J Dep'tfy Sherl'If me this ~~ day of J,ubL> A.D. .. .... ..... .... .. .. .. --'9'{1j\-~~~iUf'l ""'r' - ,.,,~_ f'.. 1""- . <-- , - -~- ~ '1 -, , -~-,'" J1W_ _~-11liL] ,- , . WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, LLP, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, : NO, 01-7089 RONALD J. HUNZIKER, DAVID S, THOMAS AND MICHELLE A. THOMAS, individually and Va CENTRAL PENN EYECARE, Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED To: Ronald J. Hunziker, Defendant You are hereby notified that on (Judgment) has been entered against y $12,406.48 plus costs, attorney's fees and interest DATE: t/:J <{In ;l. I I {!,li>~" 12;(; ~ ". Prothonotary V-Ylt ., I hereby certify that the name and address of the proper person(s) to receive this notice is: Ronald J. Hunziker C/o Post Masters 5250 Simpson Ferry Road Mechanicsburg, PA 17055 A: Ronald J. Hunziker, Defendido/a Defendidos/as Por este medio se Ie esta notificando que el _ de del 2002, el/la siguiente (effieft), (Deere16), (Pallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Ronald J. Hunziker C/o Post Masters 5250 Simpson Ferry Road Mechanicsburg, PA 17055 Abogado del Demandante ~,r~ll~ ," 7'__.~-'~~ ,- J[< ~ -",,' . ";", ."~" :,_.,'tco,_"":-;,,,'_M' "_",~-_ ,__~>'-, _ ,'"",,> , "---, ,-' .-q",,_, -'," - -,-~~,~,.",~--",~,"~ ,,-,, ",~ , ~'~'<'1'.'", ," .-" '"~,, , "",,,. --,,,., 'I'" ','-, WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, LLP, Plaintiff v, RONALD J, HUNZIKER, DAVID S. THOMAS AND MICHELLE A. THOMAS, individually and Va CENTRAL PENN EYECARE, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7089 CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE Please note in the docket of this case that Plaintiff has withdrawn this Complaint as to Michelle A. Thomas, onlv. ;i: ".; ,:,'.; 'I,'; DATE: January 29,2002 Respectfully S ) WEIDNER R. Williams, I.D, #62051 508 orth Second Street P.O, Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff F:\srw\1742 (DAVID S BROWN)\10797 (WINDSOR PARK v, CENTRAL PENN EYECARE)\DOCUMENTS\REMOVAL OF DEFENDANT, MICHELLE THOMAS1-29.02.doc ; E.[~'''' ",", -',,_ ;~;"~""_"" ><J'_""':f-,, ,-_"",w.~~:,;>,;,~",_~"," "...}--jJ~"I!-,:"!'~_'~i'''/';,;''',,c'''_ - "_"'-""~" ,_;f ".~ _' '> ~,'-~",-;. _._"-_0. .. __ ." _ "'"C,':'" ",~ ",,"'0 _ 7-'. . t:'~"!'c "::r' ~:__~' ~"""f"~':', -,- ,<"" _",' -. ,.-, I' - - -.---,-1''" i!I L '-'''';'~ , - -_~ -,""""--, ~:<?'?,C'''',~~,'~::1~-.' .; '"'5', . ',0_ ~~ """- ~ ...... ~ ~ ~ () () ~ r ~ , r' , ~_% ~H" .~~,',- ~~,~-~",,-, ~"'r~""lIiff1'-W""T'~--:11n"-'''~X,t~'jf~.1t--' ;;>T~1%~ (') -r]j~~ ~L(-! L~ (.0 -- !:::; ~;; 5:"7 """"', ,",-,.' f'~Jl -f"! :=:.;] c,:, :>J :.-,) en ',', - _~-r- :"_'0~~'77!"'~rr~,,"~..!~\~:0;(,:,,:,-_~~~W~~~1 -:~'-'_ _ '''''''-'''''!::T:'!~~- QS,'i"''''').-' ,_ __0', J-FLt '7':" ;:'C-)': e '-t. 65 811