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Home My WebLink About01-07090 -11-1 WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, LLP, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-7090 DON SAN LEE and LI FEN LEE, individually and t/a HUNG YUN d/b/a SUNNY GARDEN RESTAURANT, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE To the Prothonotary: Please mark the judgment in this case settled, satisfied, and discontinued. R. Williams, I.D. #62051 508 orth Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff DATE: F:\srw\ 17 42 (DAVID S BROWN)\ 11332 (WINDSOR PARK v. SUNNY GARDEN REST AURANT)\DOCUMENTSIPRAECIPE TO SATISFY JUDGMENT.doc 4110102 1,1i>,QDJJ,. :,l-_,"~__ _ e ,~~.",' ,. ",__'_._,..t>__ _'''"'_._,,_",,"~M ,-' ""-~"",~I,.".f'c"''''_, ,_.?" ,~-"'''',Z_o "_~,.",.,,,^';_1<!P- _'~"'_'" ",_-_~_~,', ;__'~"""'_ ~oc'i_ _ '.f, >' _"0 ,_""" ,-,.;"r,_,'''_~_'''' ,,~~~ ""'"C' .--,__ "";, -~', ,_" ',"' _y~ ,,_:---~ _'''Yo'',.', "'~" ,,_~, ,,,,. '<f_<'r" ' '0'''' ll'il )' .no' ,,, ",". . "'. ,:::y.,.,.~ '~1-'- -'.'"'-,'P' ",'-' 'J',-' "". .,) . - ~"- .,n 'Ml"<',"'-~-b~" "''''-'t;~-;''i-~~l:llit:V:t;lj~1:'&fI'?mt1*ff:,i0t$iil?~p,~~~:qi~?r;f~ (") c <" U'Cf1 q.1 [~ ~__,l, !~~; 5C:) :r;:~1 ~ ,J~~JP~-__~__ -:=" ,/_,~'~'1mi~~i,"_~_?__~>;,_.., .t1, C~ t'., o -q 7.~~ ,J '::'OJ " F --t:Jn"l '_;'.it:::::1 :~2(S - ,'- -:ri i~~ -~-1 'h s:, -< -I) ~-';" .~ w "'-1 _n~~~~~~!,:'J' ,. , WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, LLP, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO, 0 I, 1-090 DON SAN LEE and LI FEN LEE, individually and Va HUNG YUN d/b/a SUNNY GARDEN RESTAURANT, Defendants CIVIL ACTION - LAW : JURYTR~LDEMANDED 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 - "'~t~!;..;, -< '~. >,- _ -,--Z-W!",- ,__ -';~".-W',',<-",:~"_:,' .,-d~._",.",_ '-~":'-':'~' .""",. ,I .'" .- "".f"..., ~,~~ c. _ .' .. ".' "):_"1'," , _ " ,_, "., ; ,_ -~,t>-. _~':., '. ' _ ~_>_ ~ ,~, _," - '_~ - --- 1- ., . WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, LLP, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 0 I-lOgO DON SAN LEE and LI FEN LEE, individually and Va HUNG YUN d/b/a SUNNY GARDEN RESTAURANT, 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, Dan San Lee, is an adult individual whose current address is 5114 Earl Drive, Harrisburg, P A 17112. 4. Defendant, Li Fen Lee, is an adult individual whose current address is 5114 Earl Drive, Harrisburg, PA 17112. -." .;~ " ~<, ;;,",;",O$"~'_; __.":,<,,'" no,,,,._ ,",,', ~'~7'''''_~''",_:<<:'':'__-'1'_ 'T--"'-,'- -- "",_, ,,_,j., _"~,,".- ,-" _~"__ ..____,.,,_,,~_ f>,,""."'-- .__",~~,,' ",""__. _".____" ._<_~J"- "- . ,- _ _~ ,_,~,,_ - "1-'. =,"" 5. Defendants trade and do business as Hung Yun, d/b/a Sunny Garden Restaurant (herein, "Sunny Garden"), 6. Jurisdiction is proper in this Court because Plaintiff's cause of action arose in Cumberland County. 7. The amount in controversy in this case exceeds $25,000 as required by the Cumberland County local rules regarding compulsory arbitration. 8, On or about April 21, 1997, Plaintiff entered into a commercial lease agreement (herein, the "Lease") with Chun Lam Cheng (herein, the "Prior Tenant"). 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. 9. Pursuant to the Lease, Prior Tenant leased from Plaintiff the premises known as suites 108 - 110, 5202 Simpson Ferry Road located in the Shopping Center (herein, the "Premises"). 10. The term of the Lease was ten years, beginning on October 1, 1997 and ending on September 30,2007. 11. On or about April 29, 1999, Plaintiff, Prior Tenant and Sunny Garden entered into a Lease Assignment Agreement (herein, the "Assignment"). A true and correct copy of the Assignment is attached hereto as Exhibit B and is incorporated herein by reference as if fully set forth. 12. Pursuant to the Assignment, Sunny Garden assumed all of the obligations under and pursuant to the Lease as of May 1, 1999. 2 .,~- , 'T "T r. !,.,,-}C_~__ ~,'::"-'--."-'_'":~, _,:_,~:=r__c,:;~, <'"- ';,'- ";:._']''''--- ',- _ ,,""'" "~":'''',r''''c',-"",~-~'' _ _ , "'_"" '" ,~. ,"'", ',~-_,'" _~,- '" ,--"~ '--~"""-,- ":,',. "',,,,,->~,--,,, ,. :'-, -~- - -', ,'~ .", '"'-/"_1-,_' ''"'"''A'O"!'','_oc" ;:'" ",_ ,r>_(~ -~,,:-,~ r - " ~-,__1.. ""<<"",,~,.,, ":,qnlli1 13. Pursuant to the Assignment, Prior Tenant was relieved of all obligations under and pursuant to the Lease as of May 1, 1999. 14, In addition to assigning the rights and obligations of Prior Tenant, the Assignment changed the basic annual rent due under the Lease. 15. For all months relevant to Plaintiff's cause of action, Sunny Garden's monthly rent was $4,000.00 16. In violation of the Lease, Sunny Garden vacated the Premises in or about March , 2000. 17. Plaintiff was able to re-rent the Premises as of September 1,2000. 18. While Sunny Garden was in possession of the Premises, it failed to pay rent and other charges due under the Lease for the period November 1999 through March 2000. 19. Defendants are obligated to Plaintiff for rent for the period November 1999 through March 2000 in the total amount of $20,000. 20. After Sunny Garden vacated the Premises, it failed and refused to pay rent for the Premises for the period April 2000 through August 2000. 21. Defendants are obligated to Plaintiff for rent for the period April 2000 through August 2000 in the total amount of $20,000. 22. Pursuant to the Lease, Sunny Garden was obligated to pay, for each month of the Lease and in addition to its base rent, its share of water and sewer charges, insurance costs, and the costs of common area maintenance (herein, "CAM"). 3 ~.:: fi~ '~~,:;~'u"':';'5;;""~;~.J~T':'.},,"->";"':'';o .,'", - '~.'",,_ >'<;I,:>,,~^__"'.A';, ,._~,,". .,_\, -Cv_~~Ft, ~ >',n"', ,__" ..., ", ~'c.' "_ '-" .'. -' - .'" '.~c5'~<'':;'''''''-'.,-<; "-',,.. ",' ''->,<.,.';-',-,' __' ",,' '! -- :C.~o'?l'1 '~ti<i~,' n 23. Sunny Garden failed to pay its share of water, sewer and CAM charges for the periods set forth below, 24. Defendants are obligated to Plaintiff for water, sewer, insurance, and CAM charges as follows: $ 577.91 317.43 35.08 1.416.72 $2,347.14 Water (12/99 - 8/00) Sewer (10/99 - 8/00) Insurance (10/99 - 8/00) CAM (1/00 - 8/00) Total 25. Defendants are entitled to a credit from Plaintiff in the total amount of $4,935,55, for prepaid taxes, an overpayment of CAM for a prior year, and a security deposit. 26. Despite repeated demands, Defendants have failed and refused to pay the amounts owed under the Lease. 27. Pursuant to paragraph 25 of the Lease, Defendants are liable for Plaintiff's reasonable attorneys' fees, 28. In connection with Defendants' default of the Lease and their failure to cure said defaults, Plaintiff has engaged the services of the undersigned attorneys. 29. Plaintiff is entitled to recover all reasonable attorneys' fees charged by the undersigned, which amount will be proven at trial. 30. The total amount Defendants owe to Plaintiff is $37,411.59, plus the attorneys' fees Plaintiff incurs in this case. 4 '- >~'l'7;.~f_, _ _."" "_~~'r'Y-Y>"~',}!'Y,,~-(:_.r:'i-~'"'' ,r-"1't,^'(C,-:-'_"-,_--,~,-t,,.,,,- , '-J_,C-CY-,- :;'_:_'" _", -.,---(, ~---J ".07:,_"_"" "-,,','.'= ,">"""-",-(,,..,-- "..,-~" -- ':"'~-ry", ">'."-, ,~ '-!. ,'" -~r,,- ,^'~ ~~~ . ' WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants, jointly and severally, in the amount of $37,411.59, 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 deems just and appropriate. ,. I:: ie,' I [, [, teve R. Williams, 1.0,# 62051 508 N rth Second Street P,O. Box 845 Harrisburg, P A 17108-0845 (717) 234-4182 Attorneys for Plaintiff i!i Ie' i: l- I', Ii:: fi , 1'; , i: [- F- I:, I r-, Date: /2. /18'10 I F:\srw\1742 (DAVID S BROWN)\11332 (WINDSOR PARK v. SUNNY GARDEN RESTAURANT)\DOCUMENTS\COMPLAINT.doc r": I', I,' (: 5 ;;r~ _: .~. --~'?:,.?1,?:,-"-?;:,K;'-;: \,,',':'~'" __I '0' _ co. ",,"0 -~__-, .,__",,,~,.--. _ ',_-" ~:"'" '-'. ;"'"'_:'-'-">~:';:-:~ '-- ",T,< '--'-,'-~';'""-'t:''-_":''~l!:''-,~--,, ,"'~ _'h," I' - -,~ ,'. . LEASE AGREEMENT This LEASE, Made April ~/ ,1997 by and between WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, hereinafter called ,"Landlord", and, CHON LAM CHENG, hereinafter called IITenant". [(I. That in consideration of the mutual pro~' es herein centained, the Landlerd hereby rents to. the Tenan , and the latter does hereby rent from the former, the prem ses described as 5202 simpsen Ferry Read, Suites.J4:k 108 & 10 , Mechanicsburg, PA 17055, centaining an agreed-upen ameunt ef 4800 square feet, said premises being eutlined in red en the attached Plat marked Exhibit "A", and made a part hereof, (and hereinafter called the "Leased Premises" or the "Demised Premises", or the "premisesll) fer the term ef ten (10) years beginning ol the cemmencement date as hereinafter defined. . WITNESSETH: tv The occupancy date, whenever used herein, shall be the later to. eccur ef the fellewing: (a) the date when the premises are ready fer occupancy; (b) the date when the Tenant shall take 711\'11 pessessien ef er eccupy the premises; er (c) May 1, 1997. The ~ premises shall be deemed ready fer eccupancy when the werk to. be dene by the Landlerd is substantially cempleted including cemmen areas (interior and exterior) or would have been except for delay due to. Tenant er the ebligatiens'ef Landlerd hereunder. The ~q'\ commencement date for rent purposes" whenever used herein, shall -iN <-.. be ~ugust 1, 1997. The cemmencement date fer'lease term ~-loIr\~1 -<1130./01 purposes, whenever used herein, shall be the next succeeding first of a month after the rent commencement date provided, however, this rent commencement date itself is not already a first ef the menth. 1. Rent: The tetal annual rental fer the first year ef the term shall be Fifty-TWo. Theusand Eight Hundred Dellars ($52,800.00), which the Tenant,cevenants to pay in advance in equal menthly installmentsef Feur Thousand Feur Hundred Dellars ($4,400.00), the first,j:rtstallment ef which, pre rated if the cemmencement date is ether that the first day of a calendar month, is due and payable on the commencement date, with subsequent installments due and payable en the first day ef each calendar month thereafter until the tetal rent previded fer is paid. The Tenant cevenants to. pay cencurrently with the signing hereef, the sum ef Fcur Theusand Feur Hundred Dellars ($4,400.00), to. be credited to. the first menth's rent under this Lease as abeve previded. The tetal annual rent in each subseguent year cf this lease shall be as fellews: Year Annual Rent Menthlv Rent $ 4,400.00 '> IDh'h~~'i'/3ol" $ 4,400.00, $ 4,800.00, I I $ 4,800.00 )ro{, oO-qt.. o~ $ 4,800.00/ $ 5,200.0g) I $ 5,200.00, 101,10, -q(,o .~ $ 5,200.0, I $ 5,600.001,,11 0(" -"11301:01 2 3 4 5 6 ,7 8 9 10 $52,800.00 $52,800.00 '$57,600.00 $57,600.00 $57,600.00 $62,400.00 $62,400.00 $62,400.00 $67,200.00 2. PaYment. Late Charae. Time ef Essence: The Tenant cevenants to. pay the rent as herein previded witheut deductien whatseever, and witheut any ebligatien on the Landlerd to. make demand fer it. To any installment ef rent 1 ~ "'^'~';""R:"''''''i>fJ!lTi''1!ll! ,~. ~ , ~ "-'i- I~ I ~"~-I!il - ',,,,,,!,;;~ ~ ,'~ >v~ ~ ~~ ~_ . ---" . 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 month the payment is late. Time is of the essence in this lease. Payments shall be made to Landlord at the address set forth herein on the notice address. 3. Real Estate Taxes: ~ (a) Tenant covenants and agrees to pay Landlord within thirty (30) days of Landlord's notice to Tenant, as additional rent, Tenant's proportionate share, being equal to 4.37% 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 limitation, all paving taxes, special paving taxes, school taxes, personal property taxes, sewer rents and any and all other benefits or assessments which may be levied 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 incurred by Landlord in contesting any real estate tax shall be included 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 fiqure for the Base Year. (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 (12) 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 gas 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 o~ 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 2 ~ '"I " "~ 'In;r, i: l "'1""~fl~;{.,,_,~,~!5!ll - , 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. The Landlord shall be under no liability to the Tenant for any discontinuance of heat, air conditioning, and hot water unless due 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 through any defects in the roof or plumbing or from any other source unless due to Landlord negligence. (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 Agreement. Landlord agrees to maintain and will keep in good repair the exterior of the building, the roof, the common areas and parking areas. (c) Tenant shall not place a load upon any floor of the Demised Premises that exceeds the lesser of (i) floor load per square foot which such floor was designed'to carry or (ii) the maximum floor load per square foot allowed by law. Business machines and mechanical equipment shall be placed and maintained by Tenant, at Tenant's expense, in settings sufficient in Landlordrs reasonable judgement to absorb and prevent vibration, noise and annoyance. (d) There shall be no allowance to Tenant for any diminution of rental value 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) Tenant covenants and agrees that it will, at Tenant's cost, procure and maintain service/maintenance contracts/policies (the "Contracts"), the issuers and contents" of which shall be satisfactory to Landlord (whose judgement in thflt regard shall be reasonably exercised), in force throughout the' term of this Lease (including any renewal term) for the heating, ventilation and air conditioning systems serving the Leased Premises, in order that those systems and their components will be kept in good working order and repair. Copies of'the Contracts will be furnished to Landlord as appropriate, throughout the term (including renewal term). If Tenant has failed to submit proof to Landlord that the Contracts required hereby are in force, at any time, Landlord may (but shall not be required to) procure the appropriate contracts for Tenant, and the cost thereof shall be additional rent due by Tenant to Landlord and shall be due and payable by Tenant to Landlord within ten (10) days after Landlord sends Tenant documentation thereof. Whether or not such 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 a (f) In the event Tenant shall not proceed 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 3 f c_ _ ~ ,...,..-,., ~~ , " "-~. - ~ ,~ ~- '''''Y_''''''''P'"'''''''"~''''"''~'.''' '<';"'''>'tif,C;;'"O!lSlf~[ 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 fifteen percent (15%) of direct costs) incurred by Landlord in taking such action. (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, suoh defect is not the result of Tenant's negligence or misconduct. 5 . Utilities: Tenant shall, at its own cost and expense, pay all charges when due for water, gas, electricity, heat, sewer rentals or charges and any other utility charges incurred in the use of the Leased Premises. Landlord shall, at Landlord's cost and expense, install separate gas and electric meters for each Tenant. 6. Use and OCCUDancv: The Premises are to be used only for the purpose of a Chinese restaurant and for no other purpose without Landlord's consent. 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 or 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 King Buffet 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. 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 or tenant improvements within the Leased Premises or the building. The Landlord shall have the right to show the Leased Premises to prospective tenants at any time during the final six (6) months 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 deed of trust and to all advances made or hereafter to be made thereunder. This subordination 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 Landlord's consent which consent shall not be unreasonably withheld. In the event of the insolvency or bankruptcy of Tenant, this Lease shall, at the option of the Landlord, 4 f '1' , ~ 'l-.~ ~ ~"' '-:t"s"W)If~">~,,,,~ terminate forthwith, and this Lease shall not, by operation of law or otherwise, be considered a part of the Tenant's estate. 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 which consent shall not be unreasonably withheld, and all additions and improvements made by Tenant, except only moveable office furniture, and equipment, shall become the property of the Landlord at the termination of this Lease or the vacating of this premises. At the Landlord's request, all such alterations and improvements shall be restored to their original condition by Tenant at Tenant's expense at the termination of this Lease. 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 shopping center for the~eneral common use of Tenants, their officers, agents, employees and customers, including I 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 stOPSI . 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. Annearance 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. 15. Siems: The Tenant shall not display any sign, picture, advertisement, awning, merchandise, or notice on the outside or roof of the building of which the Demised Premises are a part nor on 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 5 t ":''''''-1' ~ - ~ ~ " '_i~",-'~'",?; . ".~\~~~~ " - ,. t~me, submit to Landlord for Landlord's approval, a sketoh of the s~gn. ,Tenant shall have the right to correct the style or size cf the sign or lettering thereon, providing same conform with the scheme mentioned above, but the corrections shall 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. 16. Disolav: The Tenant shall not display any merchandise, place vending machines or shaw cases or ather obstructions on the outside of the buildinq, or the Demised Premises, or in any lobby or passageway adjoining the same. 17. Lavout of Buildina: The purpose of the site plan attaohed hereto as Schedule "An is to show the approximate location of the Demised Premises. Landlord reserves 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 construct other buildings or improvements in the area of the Building from time to time and to make alterations thereof or additions thereto and to build additional stories on any such building or buildings and to build adjoining same. 18. Securitv Deoosit: Tenant, contemporaneously with the execution of this Lease, has deposited with Landlord, the sum of Four Thousand Four Hundred Dollars ($4,400.00), 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 end of the,term of' this Lease, or upon the earlie~ termination of this Lease, the said Security Deposit shall be returned to Tenant; no interest thereon shall accrue nor shall any interest be paid to Tenant. 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, ~~"<'I~' ---:' 6 ~ '- T" " " ,<~ =, "'-"'''f>i,,,,i'fi'j~,~_r 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 evant 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 shopping center is destroyed and the teased 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 default under 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 adversely affect the Tenant's use of the Demised Premises, and provided that they are not inconsistent with the terms of this Lease. 22e Insurance: (a) The Tenant agrees to procure and maintain iri force public liability insurance in a company or companies 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 certificates of the issuance and maintenance of such policies of insurance, all of which shall be paid for by the Ten~nt. (b) Landlord and Tenant shall cause the insurance policy carried by each such party insuring the Leased Premises and/or its fixtures and contents against loss by fire or other casualties to be written in a manner so as to provide that the insurance company waives all right of recovery by way of subrogation against Landlord or Tenant in connection with any loss or damage covered by any such policies. Neither party shall be liable to the other for loss or damage caused by fire or any other risk included in the coverage of the standard fire and extended coverage insurance in Pennsylvania (provided that such insurance was obtainable with waiver of subrogation in advance of loss at the time of such loss or damage), notwithstanding that such loss or damage is caused by or occurs through or as result of any acts or omissions (negligent or otherwise of a party hereto, or his or her agents, servants or employees or any other cause which would result in liability under this Lease or by 7 I .1- 'O~~~~ . .....~~.1 '''''~-'' "'--""F"r-"'~!11~~"",_"_,_j_4K,.--,WlJ ..>. ,~ - operation of law. If the release of either Landlord or Tenant, as set forth in the second sentence of this Paragraph, shall contravene any law with respect to exculpatory agreements, the liability of the party in question shall be deemed secondary to the liability of the other party's insurer. 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 from 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 Landlord 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 attorneys 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, or the occupancy or_ use by Landlord of the Leased Premises or any part hereof, or occasioned wholly in part, by act or omission of Landlord, its agents, contractors, or employees, servants, lessees or invitees. 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 attorneys' 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 or 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, Dr 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 as 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 condemnor. 8 f ..., ~ ~ 1Il~_ ~~I~"~ 25. Additional Rent and Attornev's Fees: Whenever, under the terms of this Lease, any sum of money is required to be paid by Tenant in addition to the rental herein reserved, whether or not such sum is herein designated as "additional 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 rent, and shall ,be collectable as such. 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 recove~y 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 c~eated 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, subject 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 herein, Tenant shall have ahd 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 of the times provided for herein, or in case the said Leased Premises shall appear 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 thirty (30) days notice to the Tenant, to perform therefore on behalf of the Tenant-at the risk and .,xpense 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 thirty (30) days after sending such bill to the Tenant at the Leased Premises, the Landlord shall have the 9 ~ 'i~\tII1'j'~.~"" ., _ ,~", ~ "'" J.. - l' "~ ~ '-~ ,." ., ~"-~, ~ - .W_~'~"'"~''!~_I''''''''_~'''''' w "~"'-~",-,'f""'"'fl!i~; ,< '"~~ ~rm '~ -, 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 the (i) non-payment of rent within the applicable time period . provided for herein or (ii) after applicable notice, if requ~red herein, 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 corrected within said applicable time period (provided that if the Tenant has commenced to repair the Premises within said applicable time period as to non-monetary defaults 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, sha~l 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, or that 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 said Tenant hereby confesses judgment for the rent reserved under this agreement of lease, together with an attorney fee of five percent (5%) for collection, and execution may be issued thereon from time to time for any rent due and owing under this lease, and judgment in ejectment as herein provided may be entered concurrently therewith. (g) 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 en amicable action of ejectment may be entered by the prothonotary 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 and confess judgment therein in favor of the Landlord and against'the Tenant for said premises and said Tenant 10 {v - ~~~ ~- " ", ~ ~- "-~~'"~" ~'"''''''---''''''~'='''''"''"'"''''''''''~''''-r~~~J''T" ""c<':f"","'-v:I~~;;!jli!WJ:! 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 ~n entering said action or judgment or in causing said writ to issue 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) ye~rs 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 P.O. Box 548, 9183 Reisterstown Road, Owings Mills, 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, qross 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. Reoresentations: 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 fortha 32. Trial bv Jurv: Land1o~d 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 a 33 a parkina: During the term of this Lease, customers of Tenant will be entitled to the non-exclusive use, f~ee 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 Landlo~d shall at all times have full and exclusive control, management and direction of said driveways, footways and parking areas. 11 ~ -, ~_. ""''I' ~ '.~ ~ , ~. e ,~,~~~"","",l _ ~, "-~~""""'T"'''''~~-~''''G1 '-~-"-"C"~!""""""'~"!Fi_~l'!m~~,"_",-.~W ~_I_ Landlord shall further have the right to police the salIle; to restrict parking by Tenant, their agents and employees; to designate employee parking areas; 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. 34. Gender: Reference to masculine, feminine include proper gender as the case may be. Tenant is named herein, th~ obligations of shall be joint and several. or neuter shall If more than one the person so named 35. Construction of Premises: 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 fixtures 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. Estoooel 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 siqner of such certificate, Landlord is in d~fault 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 heing 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 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 12 ~ " - ,'"-> ..""",-.""";m_~,_-'_$ll%!,,,'9 __~"",' " ~<:=I partner's interest ln 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, 4.37% of any and all insurance premiums charged Landlord for Landlord's fire, extended coverage and liability insurances, including umbrella coverage with respect to the Building. Such additional rent shall be pro-rated for the last lease year. 40. Possession: The parties hereto anticipate that the Leased Premises will be ready for occupancy on or about the first day of May, 1997. 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 Provided Tenant obtains building permit and pays $2750 with the execution of this Lease towards Tenant Improvements, Landlord agrees, at its cost and expense, to do the fOllowing work within the premises: 1) 19 tons of HVAC (4 systems, 4 central returns and 40 diffusers) 2) Drop ceiling - 2' x 4' in kitchen and 2' x 2' in restaurant area 3) Drywall demising walls, drywall on outside walls and drywall separating kitchen area. 4) One (1) men's bathroom - two (2) toilets and one (1) sink and one (1) ladies' bathroom - two (2) toilets and one (1) sink. 5) Eight (8) 2' x 4' fluorescent fixtures with acrylic lenses in kitchen (other lights Tenant's responsibility) 6) 300 amps of power. 42. oction 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 and no condition exists which will result in a default with the mere passage of time~ Tenant shall have the right and privilege, at its election, to renew this Lease for a further term of five (5) 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 Annual Rent Monthlv Rent 11 $67,200.00 $ 5,600.00 III/o? -I~!?)D? 12 $67,200.00 $ 5,600.00 1 13 $72,000.00 $ 6,000.00 14 $72,000.00 $ 6,000.00 15 $72,000.00 $ 6,000.00 ,11 /12 - /..b/rl.. 13 y , r, -""'Y"""">'J)!l~, ,. --, 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 employees 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 (4.37%) of such costs within thirty (30)) days after Landlord's request therefor. The costs shall be calculated on a calendar year base with equitable adjustments if the first and the last year of the lease term are not a full calendar year. 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 witli written notice (the "Adjustment Notice") of the actual adjustment to be made by and between Landlord and Tenant. Upon ten (10) days 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. 44. 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, distributees, executors, administrators, successors, and, except as otherwise provided in this Lease, its assiqnsa 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. WITNESS: ~,(A~) ~r;::Z ~ L HOPPPING SHIP BY: (SEAL) A ~%/ CHUM CHENG leases\cheng 4/2/97 14 f I'" ,~ ~'9 . , .~. --;;'-""1>"o<'iJWi''''I'~~......~~~ ~, ." RULES AND REGULATIONS 1. The sidewalks, halls passages, elevators and stairways shall not be obstructed by any of the tenants, cr 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. Nothing shall be placed on the outside of the building, or on the windows, windowsills, or projections. 6. No sign, 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 chosen by Landlord, the cost of the sign and of the affixing to be paid by tenant. 7. 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. 8. 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. 9. Each tenant must, upon termination of his Lease, surrender all keys delivered to said tenant. 10. No tenant shall do or permit anything to be done in said premises or bring or keep anything therein which will in any way increase the rate of fire insurance on said building or on property kept therein, or obstruc~ or interfere with the rights of other tenants, or in any way injure,or annoy them, or conflict with the laws relati~g to fires, or with the regulation of the Fire Department or with any insurance policy upon said 15 J; ~~ ~ - -, - -l!li-"'-'<__-4''l-'~~'''''''''i''~''''~ -,._-",-_.,y-~-"","~"",~,~-~> building or any part thereof, or conflict with any of the rules and ordinances of the Department of Health. Tenant shall not conduct or permit any auction on the premises. 1~. Any and all damage to floors, walls or ceilings or to personal property due to tenant or tenant's employees' failure to shut off running water in any piece of equipment shall be paid by tenant. 12. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Business machines and mechanical equipment shall be placed and maintained by tenant at tenant's expense in settings sufficient, in Landlord'S reasonable judgment, to absorb and prevent vibr~tion, noise and annoyance a 13. Landlord reserves the right to exclude Or expel from the shopping center any persons who, in the judgment of Landlord, are intoxicated Or under the influence of liquor or drugs, if their behavior is deemed to be distUrbing to other tenants of the building, or who shall do anything in violation of the Rules and Regulations of the shopping center. 14. Landlord shall have the right to prohibit any ,advertising by any tenant which, in Landlord's opinion, tends to impair the reputation of the shopping center or its desirability as a center for quality stores, and upon written notice from Landlord, such tenant shall refrain from or discontinue such advertising. 15. be liable for authorized or Landlord assumes no responsibility and any damage resulting from the admission unauthorized person to the building. shall not of any 16. No tenant will install blinds, shades, awnings, or other form of inside or outside window covering, or window ventilators or similar devices, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. leases\cheng 4/2/97 16 r . , ~ EXHIBIT A PREMISES ,<' Simpson Ferry Road SWM Pond ~I*II - PMt1 "'0 >,."..,..._~>...."",_.,-~ . f ""'""'~"~";~,;I~l!i'l<:'::;l~l. ~ .~, "_~I .-" . -"""'--'->'_"":''',tJ'N"",,~~ "',' " LEASE ASSIGNMENT AGREEMENT Windsor Park Shopping Centers, LLP and Chun Lam Cheug and Bung Yun d/b/a Sunny Garden Restaurant TIllS AGREEMENT, made this ~ day of April, 1999, by and among WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, LLP, hereinafter called "Landlord", and CIillN LAM CHENG, hereinafter called "Tenant", and IillNG YUN d/b/a SUNNY GARDEN RESTAURANT, hereinafter called the "Assignee". Explanatory Statement Landlord and Tenant are parties to a Lease dated April 21, 1997 (hereiuafter called the "Lease") for the premises described as 5202 Simpson Ferry Road, Suites 108, 109 & 110. Tenant desires to assign to Assignee all of Tenant's right, title and interest in and to said Lease, and Landlord is willing to consent thereto. NOW THEREFORE, the parties hereto covenant for themselves and their respective heirs, personal representatives, successors and assigns as follows: 1. Teuanthereby sells and assigns to Assignee all of its right, title and interest in and to the said Lease for and during the remainder of the teon mentioned therein, subject to the covenants and conditions therein mentioned. 2. Assignee hereby assumes the said ~ease for the balance of the term thereof, and agrees to faithfully ,perform all of the coventnts, stipulations and agreements contained therein, and, particularly, to pay the rent and additional rent as therein provided, all to the same extent and as though,the Assignee were the Tenant under the said Lease. 3. Assignee ,covenants and agre~s that be shall do nothing that shall have the effect of creating a breach of any of the terms, cDvenants, and conditions of the Lease. 4. Basic annual rent for the premises shall be changed as follows: Year Annual Rent Manthlv Rent $4,000.00 >CI,lq~ _~i'>')loc $ 4,000.00 $4,400.00) 1 ql?~D3 $ 4,400.00 \0\1 00 - , $ 4,400.00 $4,800.00> I _ql~ol'l,. $ 4,800.00 ,0 \f 0".> $ 4,800.00 I I $5,200.00 ,olrlolo- q'P 0'1 5/1/99 - 9/30/99 10/1/99-9/30/00 10/1/00-9/30/0 I 10/1/01-9/30/02 1011/02-9/30/03 10/1/03-9130/04 10/1/04-9/30/05 10/1/05-9130/06 10/1/06-9130/07 N/A $48,000.00 $52,800.00 $52,800.00 $52,800.00 $57,600.00 $57,600.00 $57,600.00 $62,400,00 5. Basic annual rent shall abate for a period of one (I) month beginning May I, 1999. ,.go c)...{.I\ "~';f\ ez, +aA SI..~.:l"'\ 1....~"I..'l:J1 -:111 s fA "' ,,:7_~ V-- ,- I'..., ..,~, -,_:, '.-I.... ," ~ .........."j ;; 11 "I~ ": 1- ~ , .. ,- _~."c".!I~"""",~ ~>. ~ ~r ";<"',"C""""W~lIl>.';"I'''''I1''pl''JI''i''_~'' 6. Basic annual rent for Section 42 of the Lease (Option to Renew) shall be changed as follows: Year Annual Rent Monthlv Rent 11 $62,400.00 $ 5,200.00 12 $62,400.00 $ 5,200.00 13 $67,200.00 $ 5,600,00- 14 $67,200.00 $ 5,600.00 15 $67,200.00 $ 5,600.00 7. Beginning May 1, 1999, Tenant will not be liable under any and/or all of the terms, covenants, and conditions of the Lease or for the faithful perfonnance thereof. Assignee will be responsible for any costs or expenses billed prior to or after May 1, 1999. 8. Security deposit held by llTenant" will be transferred to "Assignee". 9. Landlord hereby consents to the Assignment, and agrees to accept all rental payments and payments of additional rent from Assignee, but upon the express condition that neither such consent nor the coUect of rent from the Assignee nor the performance of any of the covenants and conditions of the Lease by the Assignee sllan be deemed a waiver or relinquishment for the future of the covenant against Assignment or subletting. Landlord acknowledges that the Lease is in operation and effect and that, at the time ofthe execution hereof, it has no knowledge of any default by Tenaot thereunder, 10. This Agreement shall be effective as of the first (1st) day of May, 1999. WITNESS the hands and seals ofthe parties hereto. WITNESS: G CENTERS, LLP BY: Li+ KING'S BUFFET r1~'d Chun Lam Cheng BY: HUNG YUN d/b/a SUNNY GARDEN RESTAURANT If"1~ 7i/~ ~ if BY: ~~~ Don San Lee HUNG YUN d/b/a SUNNY GARDEN RESTAURANT cd. ~reD BY: Li Fen Lee laasunny 4/28/99 r . . ~, ~~.~ " ", ';~j'(': Ie -," '">'c Sen- ~y: ~:~ ~~~G~8 WEID~ER- 7172344224 ; 12/05/01 11 : 59AM;JetIax #363;P~ge BIB "" . . VERIFICATION I, Elena Roberts, Commercial Lease Administrator for Plaintiff in the foregoing Complaint, have read the foregoing Complaint and hereby affirm and veri'ly 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 foregoing Complaint are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relilting to unsworn falsification to authorities. WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, LLP By: ~~ ~ Elena Roberts Dm I,,/r;./D I """'~"'""!f""~". ~"~ ,"~== , ~"'''''''r ~-, " ' ", " ,'~ - , I I "",.",.n" ,-",~ _w_~_ -" ~"-"~" - II . . 'irrtl'l'~'I"'f"1fn'r' '. -''''flllii~mijr . ,f1 ~'.. , . ~ .c- l .....c t ~ 7V YI Vl C> :tl:: d ~ ~ - ~ C/l ::j -0 - E> ~ ~ ..-.. b ..-0 0() <.. ~ ~ ......, _. '" '-< X ~ ::> ~ 1- ~ ~"- ::.r ~ (;) ", :') :: ~~) "0,' ~ f:: I i I", < 1 ~,_.<_~,~~!I't! "...- .1-,,1,., ',",' "$~",'I#J6{-""'H'-i""": ~~~}l~,,,J~J.d~~' . . ----- _o.r,!l'[~ IIl~tN'~~'l~~L -. - "lii!%'>"'+Ji','W:j}~._Ji~ .~,_ _ _',',- ,.'.--_. ''''-'~4''>''N~,-,,_., _ i .,,_.,.,,~~,~J1r-.:.: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-07090 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINDSOR PARK SHOPPING CENTERS VS LEE DON SAN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LEE DON SAN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 8th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 36.50 ,00 73.50 01/08/2002 WIX WENGER WEIDNER County Sworn and subscribed to before me this 11!:5: day of ~ dOtJ.J., A.D. 9'r~ J) IYId#,./ ~ Prothonotary ';~W"\,,":Trr . !l.~~"~. ,~ ..,..,.." ~,,-~ ~I. ' "..--... . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-07090 P COMMONWEALTH OF PENNSYLVANIA: COIJNTY OF CUMBERLAND WINDSOR PARK SHOPPING CENTERS VS LEE DON SAN ET AL R, Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LEE LI FEN but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 8th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 ,00 ,00 16.00 01/08/2002 WIX WENGER WEIDNER ~" ~~,o .-'-- So answ, :' /'C/o //coec'/,' " /~~-_.- ~ R. Thomas Kline ' Sheriff of Cumberland County _n) Sworn and subscribed to before me this / / 1it? day of c;L n""J .;lfJ1J;L A.D. ~eO>:h~~~~a;f4 , 'T,'mWii\"l~~_~lllI~lIf,,,,_~. - 14.. .- . ~ . -. , -,~ - ~.~~-, '"."<ir.tt"<_I'"f' . ,~- ,'- '" -.ce'4",- 0,.'- ,'_""'~?,:~- "+:::!''''I'-t-::'-i',;~>!_~~~Wl1\'., _ _'~"'."',__,,< _, ~U.~_IfJI"j~jW;'~L-;',"'-- @ffitt of tltc ~4c:riff Mary Jane Snyder neal Estate Deputy William T. Tnlly Solicitor J, Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin WINDSOR PARK SHOPPING CENTERS PARTNER- vs Sheriff's Return LEE DAN SAN No. 3599-T - -2001 OTHER COUNTY NO. 01-7090 AND NOW: December 28, 2001 at 8:32PM served the within COMPLAINT LEE DAN SAN to HIM of the original upon by personally handing 1 true attested copy(ies) COMPLAINT and making known to him/her the contents thereof at 5114 EARL DR HBG, PA 17112-0000 Sworn and subscribed to before me this 2ND day of JANUARY, 2002 (\ '1 I ' \ ,,)t/{Y-UVlU C:. (fjU1AM) I PROTHONOTARY -"~"""""!"'~''''''~_l, ,< ,., ....",.< .,".'''" JR~ Sheriff of Dauphin County, Pa. By 7Ii{~ff Sheriff's Costs: $36.50 PD 12/28/2001 RCPT NO 158146 GASPICH "~ , , . '-. ~ A...t>"~~",'''~41~,WY#U;',,~1!?~4i;;;'~~I'i7,\~. ., _ -""""")~ ',~.,' """ o~._' , ,,,,,~j,,,,,,,,,~~~f,-~?,,TZ?-':'>''! @ilitt of t4~ ~4~xiff William T, Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistaut Chief Deputy Dauphin County Harrishurg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack l..otwick Sheriff Commonwealth of Pennsylvania WINDSOR PARK SHOPPING CENTERS PARTNER- vs Connty of Dauphin LEE DAN SAN Sheriff's Return No. 3599-T - -2001 OTHER COUNTY NO. 01-7090 AND NOW: December 28,2001 at 8:32PM served the within COMPLAINT upon LEE LI FEN by personally handing to DAN SAN LEE 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 5114 EARL DR HBG, PA 17112-0000 Qi-.... I ' 'JllfYlarrU C!-. I day of JANUARY, 2002 (, It. ( -f-){i.JtI#l/)) }R~ Sworn and subscribed to before m~ this 2ND Sheriff of Dauphin County, Pa. By ~ff PROTHONOTARY Sheriff's Costs: $36.50 PD 12/28/2001 RCPT NO 158146 GASPICH '."~J~U,_~,,,,.__",_,_"., ,_J!!' """'\"01"'" r- I'W: ~T~\rij" ""-,,,,'r>>~"t~..c"- ~ ~ ., ."~.'-- .- Ii::fTlu~ Cou.rt of Common Pleas of Cumberland Cou.nty, Pennsylvania Windsor Park Shopping Centers Partnership, LLP VS. Dan San Lee et a1 SERVE: Dan San Lee No. 01 7090 civil Now, December 20, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin COlIDty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .-:::J"'" /7'/;1" ~I-/,.::;;-:::' :or- ""~~<! ",,~'?'...:...._... f .;r"'~~'''-~ Sheriff of Cumberland County, P A Affidav:i1t of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the origD."1a! a and made known to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this _ day of ~)O ,-- COSTS SERVlCE MILEAGE AFFIDAV1T $ " ,~ I. ""':~"'i"'W''''''''''~" 1___.~,_~<. ,"- _ ~,-, I", " -'.. ,- I' -'F~ - . , '" ~ - , ~ r"~rr' ~<">'-' =~" - --~ " lit The Court of Common Pleas of Cumberland Couuty, Pennsylvania partnership, LLP Windsor Park Shopping Centers VS, Dan San Lee et al Li Fen Lee No. 01 7090 civil SERVE: Now, December 20, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~t"" /' ..//~,. ;"".. "'~A":~:e~ r {J' Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M, served the within upon at by handing to a copy of the original and made Imown to the contents thereof, So answers, Sheriff of Connty, PA Sworn and subscribed before me this _ day of , 20 ' COSTS SERV1CE MILEAGE AFFIDA V1T $ $ ';^?;~,.'OI~".r ' ,~ "_...,....,.. ~ -Ie ,-' ~- WINDSOR PARK SHOPPING CENTERS PARTNERSHIP. LLP. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. DI - '7696 c:,uL~~ DON SAN LEE and LI FEN LEE. individually and tla HUNG YUN d/b/a SUNNY GARDEN RESTAURANT, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED To: Don San Lee and Li Fen Lee. Defendants You are hereby notified that on J:F~ I d.... ,2002. the following (Order) (Decree) (Judgment) has been entered against you in the above-captioned case. $37,411.59 pius costs and interest DATE ~ jr;i 1.6""-. 12, Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Don San Lee 5114 Earl Drive Harrisburg, PA 17112 Li Fen Lee 5114 Earl Drive Harrisburg, PA 17112 A: Don San Lee and Li Fen Lee, Defendido/a Defendidos/as Por este medio se ie esta notificando que ei _ de del 2002. ellla siguiente (GFGeR), (Decreto), (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 ei certificado de residencia: Don San Lee 5114 Earl Drive Harrisburg, PA 17112 Li Fen Lee 5114 Earl Drive Harrisburg, PA 17112 Abogado del Demandante ,':~)~J" "J~,O""+ ""',"+"?_~"p",,r,,t,' "'. ';f"",~ " ,,__,__'~_h "" ".4,;;"''''''1'''. ""';'_-^'"z__"_c~c'___,'_"",_ -- -C-'""'''' ~?"', "-,' " ~:'-"' ~" -'.',t-" !,'" ",-,- ,,_ >;:""-"",-. " Pi"'_" '., "~L'-"_",",--~" " ,,,~,-, . "..,' - " ~,. WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, LLP, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, NO. 01 - '70'10 C2~,-;t T<ea..~ DON SAN LEE and LI FEN LEE, individually and tla HUNG YUN d/b/a SUNNY GARDEN RESTAURANT, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default in favor of Plaintiff and against Defendants, Don San Lee and Li Fen Lee, individually and tla Hung Yun, d/b/a Sunny Garden Restaurant, for their failure to plead to the Complaint in this action within the required time. The Complaint, which was filed on December 18, 2001, contained a Notice to Defend the action within 20 days from the date of service thereof. Defendants were served with the Complaint on December 28, 2001, and their answer was due to be filed on January 17, 2001. Attached as Exhibit A is a copy of Plaintiffs written Notice of Default in accordance with Pa.R.C.P. 237.1, which I certify was mailed by regular mail to the Defendants at their last known address on January 22, 2002, which is at least ten days prior to the filing of this Praecipe. Defendants have failed to appear or take any action. Please assess damages in the amount of $37,411.59, ing the amount demanded in the Complaint, plus costs and interest. Respectfully S DATE: February 8,2002 ,i't~~L k ' " "~"!",,,,~,,t_"''' ro,.,,_~";"'" _'_" ". ."_ ,",', _~""~ -""",'o,_'n"~h'_'-.n''',''',_,,~_, ,=_"".,,,__.',,,,,,,. ___",-~ '_, _, uC" ~. "">'",.- -,,~..-.-. ,'''_''_,_~_h__,_, "" ,_ ,,-."0' ,'''' to _-'_"~__"_T'" ,-_, ,', I , ~ WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, LLP, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, ; NO. 01-7090 DON SAN LEE and LI FEN LEE, individually and Va HUNG YUN d/b/a SUNNY GARDEN RESTAURANT, Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED TO: Defendants, Dan San Lee and Li Fen Lee, individually and Va Hung Yun d/b/a Sunny Garden Restaurant, 5114 Earl Drive, Harrisburg, PA 17112. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER ORCANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHETHER YOU CAN GET LEGAL HELP: Cumberland County Lawyer Referral Service Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 IriJR 8fvEIDNER By: 'LIA WL{A Atev~ R. Williams, I.D, #62051 / 508 orth Second Street P,O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff -, DATE: January 22,2002 '-"\'\"'1~"'.l~, . . IZ.." '...-,_n ._ 0." -- '"' - WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, LLP, : IN THE COURT OF'COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO, 01-7090 DON SAN LEE and LI FEN LEE, individually and Va HUNG YUN d/b/a SUNNY GARDEN RESTAURANT, Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICIA IMPORTANTE USTED HA NO COMPLlDO CON EL A VISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y-USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL: Cumberland County Lawyer Referral Service Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 --. 'A'i'f,;F",!~Wi~, ~ ,'," I'~ j> , " V~ j WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, LLP, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, NO. 01-7090 DON SAN LEE and LI FEN LEE, individually and Va HUNG YUN d/b/a SUNNY GARDEN RESTAURANT, Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice was sent by first class, postage prepaid mail this day to the following: Don San Lee and Li Fen Lee, individually And Va Hung Yun d/b/a Sunny Garden Restaurant 5114 Earl Drive Harrisburg, PA 17112 WIX, WE~~E;Y& WEIDN,ER By: '. ~/f'lA'.) L~ nn Crider, Paralegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 DATE: January ~ 2002 F:\srwI1742 (DAVID S BROWN)111332 (WINDSOR PARK v. SUNNY GARDEN RESTAURANT)IDOGUMENTSIDEFAULT1. 22.02.doc ~ f"A'~~\rii'l!} ,"_ ~"., """~~=..,._~'" , _ _ -'l' r.~ W~~ - -~ - ~ - " ~"~ --~- -~ ~.~->>;-;~--; '" ~ .....':!'. ;;, ;p " ~ r....') 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