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3. Baseline has a current business address of 4915 Gettysburg Road, Mechanicsburg,
Pennsylvania.
B. VENUE/JURISDICTION.
4. Eichelberger hereby petitions this Court to vacate the arbitration award entered against
him in an arbitration conducted under the provisions of 42 Pa. C.S.A. 97341, el seq.
5. Venue is proper in Cumberland County because the Respondents are residents of
Cumberland County and Baseline is located in Cumberland County.
C. BACKGROUND.
6. Baseline IVas created by a partnership agreement dated January 1, 1996 (hereinafter the
"Partnership Agreement"), a copy of which is attached hereto as Exhibit A.
7. The sole asset of Baseline is real estate located at 124 West Church Street, Dillsburg,
Pennsylvania, which Baseline acquired on January 30, 1996. A copy of the deed to the real estate is
atlached hereto as Exhibit B.
8. The real estate is leased to Eichelberger Construction, Inc. (hereinafter "ECI"), a
Pennsylvania corporation with its principal office at 124 West Church Street, Dillsburg, Pennsylvania.
A copy of the h'ase agleement is atlached hereto as Exhibit C. ECI IVaS not a party to the arbitration
referenced hell)in.
9. 111<' p,lrtil's art' sh,lIl'ilOldl'rs in Eel.
10. Up until January, 1995, all of tl1<' p.nlie, \\'('Ie offin>rs and employees of ECI.
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11. In January, 1998, Kadilak and Manna Il~signed as oflicers and employees of ECI and
became officers and employees of Kamand Construction Inc., a construction company in competition
with ECI.
12. On May 15, 1998, Kadilak and Manna called a meeting of Baseline. Among the issues
discussed were a rental increase for ECI and the sale of a portion of the real estate leased to ECI.
13. Article 4.2 of the Partnership Agreemenl provides, among other things, that "no parties
may without the consent of Ihe other partners: ... (d) lease or mortgage any partnership real estate or
any interest therein or enter into any contract for such purposes."
14. At the Baseline partnership meeting, Eichelberger indicated that any decision to alter
the terms of the ECI lease or to sell any portion of the real eSlate was not an ordinary affair of the
partnership and required the unanimous consent of all partners.
15. On July 16, 1995, Kadilak and Manna filed a Demand for Arbitration pursuant to Article
VI of the Partnership Agreement. A copy of the arbitration demand is attached hereto as Exhibit D,
16. The Demand for Arbitration sought the following relief:
a. That William r. Eiclwlberger be iound to have breached the Partnership
Agreement and his fiduciary duties to the partnership and his partners, by
failing to cooperate in the conduct of the partnerships' business and furthering
the interests oi the tenant, ECI, to the detriment of Baseline Properties.
b. That all partnership business for Baseline Properties shall bl' conducted by
majority vote of the partners. This shall include all matters and types of
business, including, but not limitt'd to, Ihe follolVing:
I. Increasing llw Il'nt for tilt' ProP"11Y under tilt' ECllease.
ii. Taking action against Ihe tl'nant, ECI, including employment of
counst'i, for implOpl'f tenant implo\'('Il1,'nts or ,,11lt'r matt,.,s ,l'iatpd 10
tilt' P.operll'.
iii. T.lling .l" ,Hlions nl'CI>"al)' to ".11 .III or .I portion of tl1<' I'loperty,
including, hut not lim/1<.d to, Ih,> undl'\l'lopd .,dj.lt,'nt t',l(l.
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issued. The Arbitrators also stated that the decision announced would be issued regardless of whether
the parties agreed to sign off on it, but expressed the desire that all parties do so.
26. Counsel for the parties indicated that they believed the decision would be acceptable
to their clients. As a result, the Arbitrators issued a draft award for review, a copy of which is attached
hereto as Exhibit F.
27, By letter dated February 3, 1999, Eichelberger sought two relatively minor changes to
the draft alVard, A copy of the letter is attached hereto as Exhibit G,
28. By letter dated March 2, 1999, counsel for Kadilak and Manna stated that Kadilak and
Manna were "unwilling to agree to the previously distributed draft stipulated award." A copy of that
letter is attached hereto as Exhibit H,
29. The Arbitration Award entered by the Arbitrators is not the same as the award
announced on January 5, 1999, as reflected in the draft alVard circulated to the parties.
30, The arbitration clause contained in the Partnership Agreement states, in relevant part,
"if any disagreement shall arise among the parties hereto in respect to the conduct of the business, its
dissolution, or in respect to any matter, cause or thing whatsoever not herein otherwise provided for,
the same shall be decided and determined by arbitration, there shall be a three member arbitration
panel. (sic),"
31. EO is not a party to the Partnership Agreement.
32. The rights, dutil'S and responsibilities of ECI were and are beyond the scope of the
albitralion clause contailwd in Illl' Partlwrship Agn~l'n1(>nt.
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Exhibit A
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PARTNERSHIP AGREEMENT
'rhese Articles of Partnership are made and shall be
effective as of the 1st day of January, 1996, by and between
WILLIAM P. EICHELBERGER, of 114 Maple street, Dillsburg,
Pennsylvania; MICHAEL P. KADILAK, of 129 Brindle Road,
Mechanicsburg, Pennsylvania; and WILLIAM J. HANNA, of 83 West
Main street, Plainfield, Pennsylvania (any and all such parties
being hereinafter referred to as the PARTNER or the PARTNERS).
WHEREAS, the parties hereto desire to become PARTNERS
engaged in acquiring real estate, managing property and general
construction;
WHEREAS, WILLIAM P. EICHELDERGER shall retain a thirty-
three and one-third percent (33-1/3%) interest in the
Partnership, and MICHAEL P. KADILAK shall retain a thirty-three
and one-third percent (33-1/3%) interest in the Partnership, and
WILLIAM J. HANNA shall retain a thirty-three and one-third
percent (33-1/3%) interest in the Partnership;
WHEREAS, each PARTNER is investing a sum directly related
to the aforementioned percentage of interest that each retains.
NOW, THEREFORE, in consideration of the mutual promises
herein contained and intending to be legally bound hereby, the
parties hereby agree as follows:
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ARTICLE I
ORGANIZATION, NAME AND BUSINESS
1.1 Formation of Partnershio. The parties hereto do
hereby agree to form and associate themselves in a Partnership
(hereinafter called the PARTNERSHIP) under the Uniform
Partnership Act of the Commonwealth of Pennsylvania, Act of
March 26, 1915, P.L. 18, and in accordance with the provisions
of these Articles of Partnership.
1.2 Harne of Partnershio. The business of the PARTNERSHIP
shall be conducted under the name of BASELINE PROPERTIES.
1. J Character of Partnershio Business. The PARTNERSHIP
shall engage in the business of acquiring real estate, property
management, and general construction.
1. 4 Place o1:....Ei'lrtnership Business. The principal place of
business of the PARTNERSHIP shall be at 124 West Church Street,
Dillsburg, Pennsylvania, and such other localities within or
without the Commonwealth of Pennsylvania as may be agreed upon
by the PARTNERS.
1.5 Duration: Termination. The PARTNERSHIP shall commence
business as of the date hereinabove recited on these Articles of
Partnership, and shall continue until terminated by mutual
agreement of the parties or as otherwise provided herein.
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1) Upon determination that a buy-out shall occur, each
PARTNER shall immediately appoint a reputable, certified
commercial real estate appraiser;
2) Each of the three apprainero r;hall submit their
appraisals within sixty (60) daYG of their respective
appointment and the average of the three appraiGals shall be
determined; and
3) The appraised 'value of the PAR'rNERSHIP property for
the purpose of establishing the consideration for the buy-out
shall be an amount equal to eighty percent (BO%) of the average
appraised value.
4) The remaining PARTNERS reGerve the right to accept the
valuation of the PARTNERSHIP property at one hundred percent
(100%) of the average appraised value at their sole discretion.
5) All expenses and costs incurred in obtaining the
appraisals shall be paid out of PARTNERSHIP funds.
(b) In the event of the termination or dissolution of the
PARTNERSHIP because of death, im;anity or di~Hlbi1ity; or, for
any reason whatsoever on or after January 1, 2001, the
consideration for the buy-out shall hI.! equal to one hundred
percent (100%) of the average appraised value as provided for in
the procedure set forth in (a) 1) and 2) above.
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(c) The consideration for said buy-out shall be paid as
follows:
1) Twenty-five percent (25%) of the consideration payable
within six (6) months of the date of termination or
dissolution of the PARTNERSHIP;
2) Twenty-five percent (25%) of the consideration due one
(1) year from the date of the first payment.
3) Twenty-five percent (25%) of the consideration due one
(1) year from the date of the second payment.
4) Twenty-five percent (25%) of the consideration due one
(1) year from the date of the third payment.
5) Interest shall be paid at the maximum lawful rate then
being offered by Pennsylvania State Bank for a three
year investment of a like amount of money; but, in no
event, shall the interest rate exceed eight percent
(8%) per annum on the unpaid consideration.
The remaining PARTNERS, succeeding to ownership of the
PARTNERSHIP under any and all of the above terms and conditions,
shall assume all of the legal obligations of the PARTNERSHIP and
shall
indemnify the wi thdrawing PARTNER or the
legal
representative of the withdrawing PARTNER for any and all
liability incurred or arising out of any transaction which
occurs subsequent to the retirement, disability, deat.h, or
insanity of the withdrawing PARTNER,
or the PARTNER'S
termination of his membership in the PARTNERSHIP. Said PARTNERS
who continue the business may continue to use the PARTNERSHIP
nama.
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2.2 Dissolt1tion QV A'lt.Q.Qmcnt, In the event that the
parties agree to terminate the I'AH'l'NEHSIIIP, the business shall
be wound up, the debtu paid and the surplus divided among the
parties or their legal repreGentativcs in accordance with their
respective interests. No distribution of profit or loss shall
be made during the period of winding up until the procedure has
been completed. Within sixty (GO) days after a determination to
dissolve or terminate is made, a procedure to wind up the
PARTNERSHIP businesG shall be implemented, and winding up shall
be completed within a reasonable time thereafter.
1\RTICLE III
MAN1\GEXENT AND LIABILITY
3.1 ~~ Each PAHTNEH shall share in the planning
and policy making responsibillties and in the construction and
property management activities of the PARTNERSHIP business.
Each PARTNER shall draw such a sum of salary as shall from time
to time to agreed upon between the PARTNERS which sums shall be
deducted from profits before computing the profit shares of the
PARTNERS. The payment of Galarics shall be an obligation of the
PARTNERSHIP only to the extent that there are PARTNERSHIP assets
available and Ghall not be an obligation of the PARTNERS
individually.
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5.4 Allocation of Profits and Losses. The net profits or
net losses of the PARTNERSHIP shall be distributable or
chargeable, as the case may be, to each of the PARTNERS in
accordance with their respective interests.
5.5 Income Accounts. An individual Income Account shall
be maintained for each PARTNER. Profits and losses shall be
credited or debited to the individual Income Accounts annually
or as agreed upon by the PARTNERS.
5.6 Books and Records. Proper and
account shall be kept at all times and
inspection by any of the PARTNERS or
representative at any time during
reasonable business hours. The books of account shall be
examined and reviewed as of the close of each fiscal year by and
independent certified public accountant agreeable to the
PARTNERS, who shall make a report thereof.
5.7 The fiscal year of the P1L~TNERSHIP shall end on
December 31 of each year or on such other date as agreed to from
time to time.
complete books of
shall be open to
by his accredited
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ARTICLE VI
ARBITRATION
6.1 Arbitration. If any disagreement shall arise among
the parties hereto in respect to the conduct of the business,
its dissolution, or in respect to any matter, cause or thina
whatsoever not herein otherwise provided for, the same shall be
decided and determined by arbitration, there shall be a three
member arbitration panel. Each PARTNER, their heirs, executors
or administrators shall appoint one (1) arbitrator. The failure
of anyone of the PARTNERS to so appoint an arbitrator, shall
authorize the President Judge of the Court of Common Pleas of
York County, Pennsylvania, upon application made by anyone of
the PARTNERS hereto, to appoint the additional arbitrator(s).
This provision shall only apply if one of the PARTNERS fails to
appoint an arbitrator within ten (10) days of the date of the
notice of the appointment of an arbitrator by the other
PARTNERS. Said notice to be sent Certified Mail, Return Receipt
Requested, to the address of the PARTNERS' referred to herein or
otherwise noted as a PARTNER'S mailing address from time to
time.
6.2 Oualificatiol'1s. All arbitrators shall be experi.enced
in business operations in general and, whenever possible,
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specifically in those areas of business which the PARTNERSHIP
then engaged in.
ARTICLE VII
MISCELLANEOUS
7.1 Amendments. This agreement may be modified or amended
only by a writing signed by all of the PARTNERS.
7.2 Dutv to Cooperate. The parties hereto covenant and
agree that they will execute any further instruments and that
they will perform any acts whi.ch are or may become necessary to
effectuate and carryon the PARTNERSHIP created by this
Agreement.
7.3 Gender: Slnqular and Plural. Whenever appropriate,
use of the term "he or his" may be interpreted as "she or hers".
Whenever appropriate, use of singular terms may be interpreted
as plural, and plural terms may be interpreted in the singular.
7.4 Law Governinq. The PARTNERS declare that in entering
into these Articles of Partnership, they have contracted wi.th
reference to the laws of the Commonwealth of Pennsylvania which
shall be governing law with respect to these Articles of
Partnership.
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IN WITNESS WHEREOF, and intending to be legally bound
hereby, the parties have caused these Articles of Partnership to
be executed and delivered as of the day and year first above
written.
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witness
/d~~~ER
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MICHAEL P. KADILAK
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A .J&L '/, V~
Wi ness ~
/1J~JI11~v!.(~
WILLIAM J. A
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Law Offices of
Nile. S. Benn, Eoqulrw
P.O. eox 5185
135 North G"",~. SI.
Suite 303
York, PA 17405-5185
BEGINNING at a poillt marked by a concrete !/Ionumellt at the intersection
of the North right-of-way line of West Church Street (54 feet wide) with the West
right-of-way line of North Third Street (45 feet wide) and at a corner of property
now or formerly of Maude Miller; thence by the same North zero (00) degrees
twenty (20) minutes. twenty-seven (27) seconds East one hundred eighty-six and
eighteen hundredths (186.18) feet to a poillt marked by a concrete monument on
the eastern right-of way line of u.S. Route IS, said point being fifty and fifty
hundredths (50.50) feet from the center line thereof, thence along the eastern right-
of-way line of u.s. Route 15 along the arc ofa curve to the right having a radius
of five thousand six hundred sixty-nine and sixty-two hundredths (5,669.62) feet for
a distance of thirty-three and fifteen hundredths (33.15) feet to a point; thence
continuing along the eastern right-of-way line of u.s. Route IS North thirty-OlIO
(32) degrees twenty-two (22) minutes fifty-six (56) seconds East two hundred
seventy-four and seventy hundredths (274.70) feet to a concrete monumellt at
corner of lands now or formerly of the Dillsburg Borough Authority; thence by the
same South zero (00) degrees nineteen (]9) minutes two (02) seconds West aile
I hundred six and sixty-eight hundredths (106.68) feet to a COil crete monument:
thence by the same South eighty-nine (89) degrees forty (40) minutes fifty-eig/It (58)
II seconds East one hundred eight-five and eight hundredths (185.08) feet to a
concrete monument at lands now or formerly of Penn Central Railroad: thence by
the same South zero (00) degrees nineteen (19) minutes two (02) seconds West
three hundred forty-four and SLtty hundredths (344.60) feet to a poillt marked by
a concrete monument of the North right-of-way lille of West Church Stree~. said
point being twenty-scvcn and zero hundredths (27.00) fcct from the center line
thereof; thence along the North right-of-way line of West Church Street North
eighty-nine (89) degrees zero (00) minutes zero (00) seconds West three hundred
forty-eight and fifty-three hundredths (348.53) feel to a concrete monument at the
West right-of-way line of North Third Street, lhe point and place of BEGINNING;
containing 2.65 acres and being designated as Lot No. 1 on said plan.
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II! IT BEING the same premises which The York Bank and Trust Company, a
,I PenllSylvania corporation, and John F. Rauhauser, Jr., Guardians of the Estate of
,I Roy W. Smith, also known as R. W. Smith, Incompetent and Fern A. Smith, wife of
Roy W. Smith, granted and conveyed unto Capitol Engineering Corporation, a
Pennsylvania corporation, by their deed dated September 29, 1975 and recorded
in the Office of the Recorder of Deeds in and for York County, Pennsylvania in
Deed Book 69-M, page 812, the Grantors hereill. THE SAID Capitol Engineering
Corporation, having merged with Good/...-ind & O'Dea, Inc., a N<..'W York
corporation, by Articles of Merger filed in the Department of State, Commonwealth
of Pennsylvania on August 23, 1995, Microfilm No. 9555-1687, therefore, the said
,I Good/...-ind & O'Dea, Inc. joins in this conveyance as Grantor.
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ji TOGETHER with all and singular, the said property, improvemellls, ways,
!! waters, water courses, rights. liberties, privileges, hereditaments and appurtenances
!I whatsoever thereunto belonging, or in anywise apperiaining, and the reversions,
Ii ~nd remainders, rents,. issues, and profits thereof, and all th.e estate. righ:, title,
:i IIlterest, property, claIm and demand whatsoever, of the Said Grantors, III law,
Ii equity or otherwise howsoever, of, in and to the same and every part thereof
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AND the said Grantors do hereby specially warrant the property hereby
conveyed.
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Law Ot!lcel of i
Nil.. S. Benn. Eoqul~ il
PO. 60' 516\ ,
135 No~n Goorg. 51. I
Suite 303
York. PA 11<05,\'6S 1
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UW OffiCES 01
Niles $, Benn, E.sqt.llre
P.O. Ila. SI6S
135 North Georg. Sl.
Suit. 30Z
Yorl<. PA 17.oS.S1ES
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IN WITNESS WHEREOF, said Grantors have hereullto set their hand and
seals the day and year first above written.
Signed, Sealed and Delivered
In the Presence of
ArrEST:
GOODKIND & O'DEA, lNC.
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II Commonwealth of Pennsylvania
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'LER, II, President
l)
ES G. BOYD,
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County of York
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On this3:-ta day of ;":"--~"<""'-r Anno Domini 1996, before me, the
undersigned officer, personally appeared JOHN P. FOWLER, II. who
acknowledged himself to be the PRESIDENT of GOODKlND & O'DEA, INC..
a New York corporation, and that he as sllch PRESIDENT, being authorized to
do so, executed the foregoing instrument for the purposes therein contained by
signing the name of the corporation be himself as PRESIDENT.
In Witness Whereof, I have hereunto set my hand and official seal.
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I hereby Certify that thr. precise address of the Gralllecs herein is
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f? (). f3(j '>( f-t's C(
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ATIORNEYIAGENT FOR GRANTEE
Law Offices of
NUn S. Oer.n, EsquJra
P.O. Box SU5
135 Nonh Georg. 51.
Sull. 303
YOrl<. PA 17.05-5185
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EXHIBIT C
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EICHELBERGER CONSTRUCTION, INC.
CONSENT TO ASSIGNMENT AND SUBORDINATION OF LEAS~
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EICHELBERGER CONSTRUCTION, INC., Pennsylvania Corporation,
("Lessee") has entered into a Lease Agreement dated February 1,
1996 with BASELINE PROPERTIES, A Pennsylvania General Partnership,
("Lessor") for the lease of the real property and improvements
thereon located at 124 West Church Street, Dillsburg, York County,
Pennsylvania ("Premises").
Lessee acknowledges that the Premises are subject to the
rights of Pennsylvania State Bank by ("Bank") under a Note and
Mortgage dated January 30, 1996 given the Lessor in favor of Bank.
Lessee acknowledges and consents to the subordination of it's
rights under the Lease Agreement to the Bank pursuant to the Note
and Mortgage and further acknowledges and consents to Lessor's
assignment of the Lease Agreement to Bank as additional collateral
securing said Note.
Lessee also acknowledges and consents to the requirement that
any modification, amendments, extensions or removals of the Lease
Agreement shall be subject to Bank's prior approval.
February 1, 1996
EICHELBERGER CONSTROCTION, Il/C.
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ATTEST:
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, CORPORATE SECRETl\Sif
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LEASE AGREEMENT
1. Parties. This Agreement of Lease, made this 1st day of
February, 1996, between Baseline Properties, a Pennsylvania General
Partnership ("Lessor") and Eichelberger Construction, Inc. a
PennsYlvania Corporation ("Lessee"). ,
2. Premises. Lessor, in consideration of the rents and
COvenants hereinafter mentioned, does demise and lease unto Lessee
all that certain land and improvements thereon located at 124 West
Church Street, Dillsburg, Pennsylvania, as more fully described in
EXhibit A attached hereto ("Premises"). The Premises shall be Used
for administrative offices and for storage of interior and exterior"
tools, equipment and limited materials.
3. Term. This Agreement shall conunence on February 1, 1996
and end December 31, 2000. Lessee may renew this Lease for three
sUccessive five year terms at a rental amount to be agreed upon by
the parties hereto, but in no event less than an amount required by
Lessor to pay all mortgage debt, taxes, insurance and other related
costs and expenses attributable to the Premises. Lessee shall
provide Lessor with notice of at least one hundred twenty days
prior to expiration of the current term of Lessee's intent to renew
this Lease.
4. Base Rent. Lessee agrees to pay to Lessor rent in the
sum of One Hundred Forty Five Thousand Dollars. ($145,000) (Base
Rent) to be payable in fifty-eight (58) equal monthly installments
of Two Thousand Five Hundred Dollars ($2,500) commencing March 1,
1996 with the last payment due and payable on December 1, 2000.
5 Jlddi tional Rent: Other PaYments By Lessee. Lessee
shall be solely responsible for payi.ng the following costs and
expenses associated with the possession and use of the Premises
(Additional Rent):
a. Any and all utility bills;
b. Any and all real estate taxes;
c. All maintenance costs and other expenses associated
with the Use of the Premises; and
d. All costs of insurance coverage required under the
terms of this Agreement.
Lessee shall made said payments directly to the party assessing the
tax or providing the service, materials, product, insurance, etc.
6_ Late Charqes. Any rent not paid within ten (10) days of
its due date shall be subject to a five percent (5%) late charge.
Payments, when received by Lessor, shall. be applied first to
delinquent rents then late charges, if any.
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7. Rent Adiustments. On January 1st of each year (beginning
January 1, 1997), during the original term and any renewal term,
the Base Rent amount for the year shall be reviewed and Lessor
shall have the right to establish a reasonable increase in the Base
Rent.
8. Place of Payment. The Base
at the principal office of Lessor I
Pennsylvania 17019, or at such other
time to time designate in writing.
Rent shall be promptly paid
P. O. Box 459, Dillsburg,
address as Lessor may from
9. '-, Inabilitv to Give Possession. The estimated date of
possession is March 1, 1996; however, Lessee shall not take
possession of the Premises until Lessor's renovations are
completed. Lessor shall not be liable to Lessee for any damage
which m,ay be caused to Lessee by the delay of Lessor to give
possess~on of the Premises arising out of Lessor's renovations of
the Premises.
10. Holdinq Over as Renewal. A hold over by Lessee beyond
the original term of this Lease or any authorized additional ter.n,
or failure of Lessee to give notice of its intention to vacate the
Premises at the end of such term at least 120 days prior to such
end of term, shall, at the option of Lessor, be deemed a renewal of
this Lease on a month-to-month basis, with the renewal being under
and subject to all provisions contained in this Lease including all
rights to increase the case Rent.
11. ytilities, Prooertv Expenses, Real Estate Taxes.
a. Utiliti.es. Lessee shall be responsible for the
payment of all utility charges including charges for heating, air
conditioning, electricity, sewer, water and telephone. Lessor
shall not be liable to Lessee on account of any interruptions in
utility service.
If the Lessee desires to introduce call boxes, or
telegraph, or telephone wires and instruments, the Lessor will
place or direct the placing of the same as to where and how, and to
what extent they are to be placed, and attaching of wires to the
outside of the building is absolutely prohibited. No attachment
shall be made to the electrical system of the building for the
running of electric fans or motors, for storing of electricity, or
for any other purpose ~ithout the written consent of the Lessor.
The Lessor, in all cases reserves and retains the right to requlre
the placing and using of electrical protecting devised to prevent
the transmission of excessive currents of electricity in, to or
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through the building, and to require the changing of wires and
their placing an~ arrange~ent as the Lessor may deem necessary; and
further, to requ~re compl~ance on the part of all using or seeking
access to such wires with such rules as the Lessor may establish
relating thereto.
b. Propertv Expenses. Lessee shall be responsible for
the payment of any and all expenses arising out of the use of the
property including but not limited to maintenance, repair, trash
removal, snow removal, etc.
c. Real Estate Taxes.
any and all real estate taxes
Premises.
Lessee shall be responsible for
assE:ssed or levied against the
12. Neqative Covenants of Lessee.
a. Use of Premises. During the term of the Lease, or
any extension or renewal thereof, Lessee shall occupy and use the
Premises only as administrative offices and for storage of interior
and exterior tools, equipment and li.mited materials or such other
activity as shall be approved in writing by the Lessor.
b. Prohibited Activities. Lessee shall not do or permit
anything to be done upon the Premises or any part thereof which
would:
Premises,
(1) Impair or tend to impair the appearance of the
(2) Impair or interfere with or tend to impair or
interfere with any services for the proper and economic heating,
cleaning, air conditioning or other servicing of the Premises,
(3) Make void or voidable any i~~urance in force or
increase the cost of any lmmrance,
insurance,
(4) . Make it impossible to obtain fire or other
the Premises,
(5) Cause or be likely to cause structural damage to
(6) Constitute a public or private nuisance,
(7) Violate any present or future laws or
regulations of any governmental authority,
3
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(8) violate this Lease or any other Agreement
between Lessor and Lessee.
c. Waste. Damaqe or In;urv to Space. No waste damage
or injury to the Premises shall be committed or perm'it.;ed by
Lessee. At the end of the term the Premises shall be restored at
the option of the Lessor, to the same condition in which it wa~ at
the commencement of the term modified only to the extent previously
approved by the Lessor. The cost of said restoration shall be paid
by Lessee, which cost shall be treated as additional rent due and:
owing under the terms of this Lease. This paragraph is subject to
the exceptions of ordinary wear and tear.
d. Siqns. Lessee mai' place signs on the Premises upon
receiving the prior approval of Lessor.
e. Alterations and Improvements. Lessee shall make no
alterations, additions, or improvements in or about the Premises
without Lessor's prior written consent, which shall not be
unreasonably withheld. As a condition precedent to Lessor's
consent, Lessee shall deliver to Lessor writ~en plans and
specifications for all work and written plans and specifications
for all heating, ventilating and air conditioning. Lessor shall
have the right to approve any contractor to be used by Lessee in
connection with such -..ork. Lessee shall prevent any lien or
obligation from being c:-eated against or imposed upon the Premises
and will discharge all liens and charges for services rendered or
materials furnished immediately after said liens occur or such
charge becomes due and payable_ Any alterations, additions, or
improvements made by Lessee and any fixtures installed as part
thereof, shall at Lessor's option become the property of Lessor
upon the expiration or sooner termination of this Lease; provided,
however, that Lessor shall have the right to require Lessee to
remove such fixtures or improvements and restore the Premises to
its original condition at Lessee's cost upon the expiration or
sooner termination of this Lease.
f. Vacatinq Premises. Lessee shall neither vacate nor
desert the Premises during the term of thi~ Lease nor permit same
to be empty and unoccupied.
g. Ass\crnino, Etc. bv Lessee. Lessee shall not have the
privilege of assigning or subletting the Premises, or mortgaging
any interest it may have by .irtue of this Lease, unless the
'Jritten consent of Lessor is first obtained_
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13. Insurance and Indemnification. Lessor and Lessee agree
that during the term of the Lease or any extension or renewal
thereof:
a. Liabilitv Insurance. During the original term of
this Lease, Lessee shall maintain at its own expense a minimum
level of, liability insurance coverage in the aggregate amount of
Two Milli.on Dollars ($2,000,000.00) with. an Ul1'lbrella policy
coverage of Five Million Dollars ($5,000,000.00) and shall have
Lessor and any designee of Lessor named as an additional insured on"
said pOlicy. Lessee shall provide Lessor with copies of the
insurance policy and payn1ent, of it's premium upon Lessor's request.
At the time of any extension or renewal of this Lease, Lessor may
require reasonable increases of Lessee's insurance coverage.
b. Prooertv Oamaoe Insurance. During the term of this
Lease and any extensions or renewals thereto, Lessee shall maintain
at it's 0~1 expense property damage insurance on the Premises in
the minimum amount of Six Hundred Thousand Dollars ($600,000.00)
and shall have Lessor and any designee of Lessor named as an
additional insured on said property. On January 1 of each year or
upon any material increase in the valuation of the Premises, Lessor
may require Lessee to increase the amount of insurance coverage on
the Premises. Lessee shall provide Lessor with copies of the
insurance policy and proof of payn1ent of premium upon Lessor's
request.
c. Waiver of Subroaation Riohts _ All insurance colicies
shall contain an express waiver of any right of subrogation" against
the Lessor and any other named insured designated by Lessor, and
shall provide against cancellation without thirty (30) days prior
written notice to all named insureds.
d. Liabilitv and Indemnification. Lessor, its
employees, and agents, shall not be liable for loss of or damage to
any personal property located on Premises from acts, events,
conditions or casualty occurring in, on or about the Premises
whether due to their negligence or not.
Lessee will indemnify Lessor and save it ~ar~17ss
from and against any and all claims, actions, damages, llablllty
and expense in connection with loss of life, personal injury and/or
damage to property occurring in or about, or arising from or out of
the Premises, adjacent sidewalks, roads, loading platforms, or
parking .'r"';>,~ or occasioned wholly or in part by any act or
omission of Lessee, its agents, contractors, invi tees, customers or
employees.
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14. Lessor's Riqhts.
a. Riqht of Insoection. It is agreed and understood
that Lessor, Lessor's duly authorized agents, contractors, and
employees may enter the Premises at reasonable times during the
Lease term, for the purpose of inspecting.
b. RUles of Inspection. Lessor may from time to time
establish reasonable rules and regUlations for the safety, care,
and cleanliness of the Premises, and for the preservation of good:'
order therein. Such rules and regulations shall, when notice
thereof is given to Lessee, form a part of this Lease. No rule or
regulation shall be arbitrary, but shall be the Lessor shall not be
in derogation of the terms of this Lease and in the event of a
conflict between such rules and regulations and the provisions of
this Lease, the provisions of the Lease shall gove~n.
15. Responsibilitv of Lessee.
a. Interior Maintenance. Lessee shall maintain and keep
in good repair the interior of the Premises, including but not
limited to the plumbing, electrical, heating, ventilation and air
ccnditioning systems.
b. Exteri.or Maintenance. Lessee shall maintain and keep
the parking lot, sidewalks and other portions of the Premises in
good repair, adequately lighted and reasonably free from snow, ice
and refuse. Lessee will maintain the structural por~ions and roof
of the Premises.
c. Partial Destruction, Damaqe or In;urv to Prooertv.
All damages or injuries done to the Premises, other than those
caused by ordinary wear and tear, shall be repai.red by Lessee at
its expense. Lessee covenants and agrees to make such repairs upon
twenty (20) days' written notice given to Lessee by Lessor. If
Lessee neglects to make said repairs or commence to make the same
promptly or complete the same within twenty (20) days after
receiving such notice, Lessor shall have the right to make such
repairs at the expense and cost of Lessee and the amount thereof
may be collected as Additional Rent' accruing for the month
following the date of the said repalrs. If said expense is made at
the expiration of the term, then the cost so made may be collected
by the Lessor as Additional Rent for the use of the ?"emises during
the entire ~erm.
d. IQ.,tal Destruction of Propertv. In the ~vent that the
Pret:lises shall be totally or SUbstantially damaged by fire or other
6
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casualty or happening, the Lease shall terminate and neither Lessor
nor Lessee shall have any further obligation under this Lease.
e. Pavrnent of JUdoments, Etc. Lessee shall bear pay
and discharge when and as the same become due and payable all final
and unappealable jUdgments and lawful claims for damages or
otherwise against Lessor arising from Lessee'S Use or occupancy of
the Premises. Lessee will assume the burden and expense Of
defending all such suits, whether brought before or after the
expiration of this Lease; and will protect, indemnify and save:
harmless Lessor, or Lessor's agents, servants, employees, and the
public at large by reason of or on account of the Use or misuse of
the Premises, or any part thereof, due to the negligence of Lessee
and/ or Lessee'S agents, clerks, servants, employees, visitors,
customers, and individuals for whom Lessee is responsible.
f. Liens. Lessee shall not permit any mechanics' claim
or lien or other liens, to exist or be placed upon the Premises. or
any other building, addi~ion, improvement or equipment constituting
a part thereof, or included or placed therein, during the term. If
any mechanics' or other liens shall be filed or exist against the
Premises Of any part thereof, payable hereunder, by reason of work.
labor, services or materials supplied of Lessee's request or on its
behalf, Lessee shall, within ninety (90) days after notice of the
filing thereof cause the same to be discharged of record by
payment, depOSit, bound, order of a court of competent jurisdic~ion
or otherwise. If Lessee shall fail to cause any such lien to be
discharged within the period aforesaid, then, in addition to any
other right or remedy of Lessor, Lessor may, but shall not be
obligated to, diSCharge the same either by paying the amount
claimed to be due or by procuring the discharge of such lien by
deposit Of bond. Any amount paid by Lessor, plus interest shall be
paid by Lessee to Lessor as Additi.onal Rent, payable upon demand.
g. Damaqe for Interruption of Use. Lessor shall not be
liable for any damage, compensation, or claim by reason of
inconvenience of annoyance arising from the necessity of making
repairs, alterations and/or additions to any portion of the
Premises, the interruption in the use of the Premises, interruption
in the availability of utilities, or the. termination of this Lease
by reason of the destruction of the Premises.
17. Remedies of Lessor. If Lessee should remove or prepare
to remove, or attempt to remove from the Premises before the
expiration of the term or at any time during the continuance of
this Lease; or if Lessee shall be in default of any installment of
rent for the period of twenty (20) days; or should there be a
7
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default in any of the covenants or conditions as herein contained,
and should Lessee fail to remedy such default within twenty (20)
days of written notice; or if Lessee should become insolvent, or
make an assignment for the benefit of creditors, or if a petition
in bankruptcy is filed by or against Lessee or a aill of Equity or
other proceeding for the appointment of a receiver for Lessee is
filed, or if proceedings for reorganization or for composition with
creditors under any state or federal law be i.nstituted by or
against Lessee; or if the real or personal property of Lessee shall
be sold after levy by any Sheriff, Marshal or Constable; then, in:
that event, rent for the unexpired portion of the then current term
of this Lease, at the rate which is then due and collectible under
the terms of this Lease, shall immediately become due and payable
and shall be collectible by distraint or otherwise, and Lessor
shall have the further right in said event, to forfeit and
terminate this Lease, the said forfeiture to be effected by giving
notice in writing to Lessee herein or to the person then in charge
of the Premises.
18. Acceotance of Notice to Ouit; Disoossession: Waiver of
Remedies bv Lessee; Waiver of Demand. Lessee hereby accepts notice
to quit, remove from, and surrender up possession of the Premises
to Lessor at the e~~iration of the term hereof, whenever it my be
determined. On failure to pay Base Rent or Additional Rent due for
twenty (20) days, or upon breach of any other conditi.on of the
Lease, as possibly modified by Paragraph 17 hereof, and after ten
(10) days' written notice thereof, despite the distraint, Lessee
shall be a nontenant, subject to dispossession by Lessor, with
release of error and of damages, and Lessor may reenter the
premises and dispossess Lessee without thereby becoming a
trespasser. Lessee hereby waives the benefit(s) of all exemption
laws of this Commonwealth that now are in force or may hereinafter
be in force, or in any action or actions that may accrue on this
Lease, and in any distress or distresses that may be made for
collection of the whole of said rent, or any part thereof. Lessee
also waives the benefit of stay of execution, inquisition,
extension, right of appeal, certiorari and all errors, in all
proceedings arising out of this Lease. Lessee does also hereby
waive any and all demand for payment of the rent herein provided
for, either on the day due or on any other day, either on the land
itself or in any other place, and agrees that such demand shall not
be a condition of reentry or of recovery of possession without
legal process or by means of any action or proceeding
whatsoever.
19. Confess ion of Judqment.
Additional Rent) or other charges to
8
If rent (Base Rent and/or
Lease shall remain unpaid for
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twenty (20) days beyond any day when the same ought to be paid
ten (10) businesc days after written notice thereof, Lessee hereby
empowers any Prothonotary or Attorney of any court of record to
appear for Lessee in any and all actions which may be brought for
rent a~d/or the charges, payments, costs and expenses, or agree to
be paid by Lessee and/or to sign for Lessee an agreement for
entering into any competent court an amicable action or actions for
the recovery of rent or other charges or expenses, and in said suit
(s) or in said amicable action or action to confess judgment
against Lessee for all or any
part of the rent specified in this Lease and then unpaid including
the rent for the entire unexpired balance of the term of this
Lease, and/or other charges, payments, costs agreed to be paid by
Lessee under this Lease and for interest and costs together with
reasonable attorneys' f~~Si and judgment in ejectment as herein
provided may be entered concurrently therewith. Judgement may be
confessed repeatedly un~il any deficiency is collected.
20. Eiectment. At the end of said term, whe~her ~he ~i:'me
shall be determined by forfeiture or expiration of the term, Dr
upon the breach of any of the conditions of this Lease, as possibly
modified by Paragraph !.7 hereof, and after receipt of the writ~en
notices provided for in Paragraph 18 and Paragraph 19 hereof,
Lessee authorizes any attorney of a court of record in Pennsylvania
to appear for Lessee in an amicable action in ejectment and confess
judgment against Lessee in such action, and Lessee in such event
further authorizes the immediate issuance of a Writ of Possession
for the same, with Writ of Execu~ion for the costs, and with
reasonable attorney's fees for prosecution of such action.
21. Arbitration. Lessor shall have the exclusive option of
submitting any disputes or disagreements arising under this
Agreement to binding arbitration. Lessor and Lessee shall each
appoint one arbitrator and a third arbitrator shall be chosen
within five days after their appointment. The failure of anyone
of the parties to appoint an arbitrator shall automatically
authorize the President Judge of the Court' of Co=on Please of York
County, Pennsylvania, upon application made by anyone of the
parties hereto, to appoint the second arbi tra tor. The second
arbitrator along with the previously chosen arbitrator shall agree'
to the selection of a third arbitrator. This clause shall only
apply if one of the parties fails to appoint an arbitrator within
ten (10) days of the date of the notice of the appointment of an
arbitrator by the other parties. All arbitrators shall be
experienced in commercial real estate lease issues.
9
22. Remedies Cumulative. All remedies of Lessor shall be
cumulative and concurrent.
23. possession Defined. Possession of the Premises includes
the exclusive use of the same.
24. Condemnation. In the event that the Premises or any part
thereof is taken or condemned for a public or quasi-public use,
this Lease shall, as tQ the part so taken, terminate as of the date
title shall vest in the condemnor, and rent shall abate in"
proportion to the square feet of leased space taken or condemned or
shall cease if the entire Premises is so taken. If a part taken
substantially and unreasonably interferes with the function and
efficiency of Lessee's busines3, Lessee may terminate this Lease on
the remaining portion of the Premises by delivering a fifteen (15)
day written notice to Lessor. In any event, Lessee waives all
claims against Lessor by reason of the complete or partial taking
of the Premises, but retains any rights available against ;;he
condemning authority for damages suffered by Lessee.
25. Subordination: Ass ianment bv Lessor. The right and
interests of Lessee under this Lease shall be subject and
subordinate to any first mortgage that may be placed upon the
Premises and to any and all advances to be made thereunder, and to
the interest thereon, and all renewals, replacements, and
extensions thereof. Lessee shall execute and deliver ...hate'ler
instruments may be required for such purposes and in the event
Lessee does hereby make, constitute and irrevocably appoint Lessor
as its attorney-in-fact and in its name, place and stead so to do.
Lessor may assign its interest in this Lease or any part thereof,
and such assignee shall thereupon be deemed Lessor hereunder.
26. auiet Eniovment. Lessee, upon paying the said rent and
performing the covenants of this Lease, on its part to be
performed, shall and may peaceably and quietly have, hold, and
enjoy the Premises for the term aforesaid and any herein duly
authorized additional term or extension.
27. Notice of Termination. Anything heretofore
notwithstanding, a written notice that Lessee intends to terminat~
this Lease shall be delivered to Lessor at least 120 days prior to
the end of the term of this Lease. Lessee's failure to give such
notice shall, at the option of Lessor, result in the renewal of
this Lease for a ~urther term of 30 days, and so on from ~onth ~c
month and the renewal(s) shall be under and subject tc all :he
provisions as contained in this Lease; provided however, ~hat such
10
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EXHIBIT "A"
PROPERTY: 124 West Church street, nillsburg, York County, PA
ALL that certain tract of land, with the improvements thereon
erected, situate in the Borough of Dillsburg, County of York and
Commonwealth of Pennsylvania, described in accordance with a survey
and plat prepared by Capitol Engineering Corporation, dated January
10, 1973 and recorded in the Office of the Recorder of Deeds in and
for York County, Pennsylvania, in Plan Book X, page 217, bounded
and described as follows, to wit:
BEGINNING at a point marked by a concrete monument at the
intersection of the North right-of-way line of West Church street
(54 feet wide) with the West right-of-way line of North Third
Street (45 feet wide) and at a corner of property now or formerly
of Maude Miller; thence by the same North zero (00) degrees twenty
(20) minutes twenty-seven (27) seconds East one hundred eight-six
and eighteen hundredths (186.18) feet to a point marked by a
concrete monument on the eastern right-Of-way line of U.s. Route
15, said point being fifty and fifty hundredths (50.50) feet from
the center line thereof, thence along the eastern right-ot-way line
of u.s. Route 15 along the arc of a curve to the right having a
radius of five thousand six hundred sixty-nine and sixty-cwo
hundredths (5,669.62) feet for a distance of thirty-three and
fifteen hundredths (33.15) feet to a point; thence continuing along
the eastern right-of-way line of u.s. Route 15 North thirty-two
(32) degrees twenty-two (22) minutes fifty-six (56) seconds East
two hundred seventy-four and seventy hundredths (2i4.70) feet to a
concrete monument at corner of lands now or for:nerly of the
Dillsburg Borough Authority; thence by the same South zero (00)
degrees nineteen (19) minutes two (02) seconds West one hundred six
and sixty-eight hundredths (106.68) feet to a concrete monument
thence by the same South eight-nine (89) degrees forty (40) minutes
fifty-eight (58) seconds East one hundred eighty-five and eight
hundredths (185.08) feet to a concrete monument at lands now or
formerly of Penn Central Railroad; thence by the same South zero
(00) degrees nineteen (19) minutes two (02) seconds West three
hundred forty-fOur and sixty hundredths (344.60) feet to a point
marked by a concrete monument of the North right-Of-way line of
West Church Street said point being twenty-seven and zero
hundredths (27.00) feet from the center line thereof; thence along
the North right-of-way line of West Church Street North eighty-nine
(89) degrees zero (00) ~inutes zero (00) seconds West three hundred
forty-eight and fifty-ehree hundredths (348.53) feee to a concrete
monument at the West r:.ght-of-way line of Nor';:h Third Street, ::he
point and place of BEGINNING; containing 2.65 acres and be:ng
designated as Lot No. l on said plan.
HlsTacounT
Exhibit 0
No. 6303
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III. Factual Background
3. Pursuant to the Partnership Agreement, claimants Michael P. Kadilak
and William J. Manna, and respondent William P. Eichelberger, are each one.third
(113) partners in a partnership known as Baseline Properties.
4. Baseline Properties was formed to acquire a piece of commercial real
estate located at 126 West Church Street, Dillsburg, Pennsylvania (the "Property")
in order to use the Property to generate profits and return for the partners.
5. Baseline Properties in fact acquired the Property and is the current
owner. The consideration for the Property was $2B2,500.00 as recited in the deed
attached as exhibit B.
6. The Property is improved with an office building and related
improvements and fixtures.
7. A portion of the Property consists of a vacant lot located along
Pennsylvania Routes 11 and 15, which is capable of being subdivided and sold for
a profit,
8. Baseline Properties received the money to acquire the Property by each
of the three partners contributing $6.000 for a total of $18,000, and borrowing the
remaining money from Pennsylvania State Bank. To secure the above referenced
financing, the Property is subject to a mortgage which must be paid by the Baseline
Properties.
9. The monthly mortgage payment is $2,341.01.
2
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1 O. In addition to the mortgage, the financing is secured by personal
guaranties from each of the three partners.
11 . The Property is leased to a corporation known as Eichelberger
Construction, Inc. ("ECI") pursuant to a lease dated February 1, 1996, a copy of
which is attached hereto as exhibit C and incorporated herein by reference.
12. William P. Eichelberger, in addition to being a partner in Baseline
Properties, is the majority shareholder, sole director and president of ECI. As such,
he is in complete control of the tenant at the property.
13. The base rent under the lease is $2,500.00 per month.
14. In addition, ECI, as tenant, is required to pay as additional rent, any
and all utility bills, any and all real estate taxes, all maintenance costs associated
with the use of the premises and all costs of insurance required under the lease.
The additional rent amounts are paid directly to the persons or entities owed the
designated tax or expense.
15. To date, the only business conducted by Baseline Properties is the
ownership of the Property and leasing of the Property to ECI.
16. As a result, the only source of revenue for Bilseline Properties is the
lease with ECI. Another possible source of revenue would be a sale of the portion
of the Property which can be subdivided.
17. Under the present rent arrangement, Bilseline Properties has only
$158.99 remaining after it has pilid the monthly mortgage payment to Pennsylvania
State Bnnk.
3
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4. To discuss Messrs. Kadilak and Manna's right to inspect and
copy the partnership records,
A. Change of Accountant
21. By majority vote at the meeting, the partnership accountant was
changed. Michael P. Kadilak and William J. Manna voted in favor of the change,
and William P. Eichelberger voted in opposition to the change.
B. Rental Increase
22. Section 7 of the Lease provides as follows in regard to rent incmases:
On January 1 Sl of each year (beginning January 1, 1997), during the
original term and any renewal term, the Base Rent amount for the year
shall be reviewed and Lessor shall have the right to establish a
reasonable increase in the Base Rent.
23. At the meeting, Michael P. Kildililk ilnd Williilm J. Milnnil expressed
that they desired to increase the rent in order to bring it in line with market rates
and to increase revenue for the partnership.
24. Through counsel, William P. Eichelberger objected to the proposed rent
increase noting that any rent increase for 1998 would be untimely, because it was
not made on January 1. 1998, and that he believed any rental increase was not an
"ordinary affairs" item which could be decided by a majority of the partners.
Presumably, William P, Eichelberger made these objections on I:>el:e!f of the tenant
Eel, because it would make no sense for him to oppose a rent increase as a partner
in Baseline Properties.
25. The current Base Rent for the Property is filr below the rent paid in the
local market.
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26. The current Base Rent for the Property is $2,31 per square foot. A
market rate base rent for the Property would be in the range of $6,50 to $7.50 per
square foot or greater
27. The partners voted unanimously to authorize Michael P. Kadilak, on
behalf of the Partnership, to contact William P. Eichelberger, in his capacity as
majority shareholder, sole director and President of ECI, to discuss increasing the
amount of the Base Rent to $5.50 per square foot, 'effective upon the execution of
a binding lease amendment or letter agreement.
28. The proposed rent increase was presented by Michael P. Kadilak to
William P. Eichelberger. The proposal was rejected by William P. Eichelberger.
29. Subsequent to the meeting, William P. Eichelberger has continued to
oppose any rent increase, including a possible rent increase for 1999, and has
continued to take the position that a rent increase, at any time, will require a
majority vote.
C. l&J;see Alterations
30. Section 12(e) of the Lease provides that:
Lcssce shall make no alterations, additions, or improvements in or
about the Premises without Lessor's prior written consent, which shall
not be unreasonably withheld.
31. Eel has made numerous material changes to the leased premises
without the consent of Baseline Properties.
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D. Sale of Undevelooed Adiacent Prooertv
37. The adjacent property had been offered by Baseline Properties to the
Borough of Dillsburg for a purchase price of $140,000.
38. At the meeting, Michael P. Kadilak and William J. Manna agreed to
appoint Michael p, Kadilak on behalf of the partnership to take steps toward the
sale of the undeveloped adjacent portion of the property by (i) communicating with
a real estate broker regarding the engagement of the broker's services, and (ii)
communicating with the Lender regarding a sale. William P. Eichelberger opposed
this action.
39. Accordingly, Baseline Properties is being prohibited from entering into
a profitable transaction because William P. Eichelberger, for no good reason, is
resisting the transaction.
E. Insoection of Partnershio Documents
40. At the meeting, William P. Eichelberger delivered the partnership
checkbook and related financial documents to Michael P. Kadilak.
41. By letter dated May 28, 1998, Michael P. Kadilak and William J.
Manna requested production of documents on the building renovations and
modifications from William P. Eichelberger. A copy of counsel's letter of May 28,
1998 is attached hereto as exhibit E.
42. William P. Eichelberger initially refused to provide these documents or
even to respond fully to his partners as to whether these crucial documents exist.
9
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43. By letter dated July 2, 1998, Michael P. Kadilak and William J, Manna
renewed their request for the documents and informed William P. Eicholberger that
if they were not produced, a request for their production would be included in this
demand. A copy of counsel's letter of July 2, 1998 is attached hereto as exhibit F.
44. By letter dated July 10, 1998, William P. Eichelberger's counsel finally
responded by letter to his partners and promised production of certain documents,
but the promised documents have not yet been provided. A copy of counsel's
letter of July 10, 1998 is attached hereto as exhibit G.
45. Because the documents have not yet been provided and in the event
they are not provided, claimants request an award compelling their production.
V. Demand for Relief
46. Under the governing law, the Uniform Partnership Act, 15 Pa. C.S.A.
~ 8301 .e.t ~ (the "UPA"l, all partners are to have equal rights in the management
and conduct of the "partnership business."
4 7. The Partnership Agreement in Section 3.1, provides that each partner
is to "share in the planning and policy making responsibilities and in the
construction and property management activities of the Partnership business." In
addition, the Partnership Agreement provides in Section 7.2, "that they [the
partners) will perform any acts which are or may become necessary to effectuate
and carryon the PARTNERSHIP created by this Agreement."
48. Under the UPA, "ordinary affairs" or "ordinary matters" connected with
partnership business may be decided by a majority of the partners.
10
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49. Despite these provisions, William P. Eichelberger has resisted allowing
the partnership to conduct its business by majority vote.
50. Michael P. Kadilak and William J. Manna have requested arbitration
pursuant to the partnership agreement in order to have the issue of partnership
governance and the other issues identified herein decided.
51. Baseline Properties cannot properly conduct its business for the benefit
of all of its partners because William P. Eichelberger is resisting the conduct of
nearly all business by requiring that the all business be conducted by unanimous
vote of the partners and then voting against the conduct of business.
52. William P. Eichelberger is acting only to benefit the tenant at the
property, ECI, a corporation which he controls. His actions are in breach of the
Partnership Agreement and the fiduciary duties which he owes to Baseline
Properties and his fellow partners.
53. In order to resolve the issues, Michael P. Kadilak and William J, Manna
request that the arbitrators enter an award providing for the following:
a. William P. Eichelberger has breached the
Partnership Agreement and his fiduciary duties to the
Partnership and his partners, by failing to cooperate in the
conduct of the Partnership's business and furthering the
interests of the tenant, ECI, to the detriment of Baseline
Properties.
b. In order to resolve the issue of how partnership
business is to be conducted, it is hereby held that all
partnership business for Baseline Properties shall be
conducted by majority vote of the partners. This shall
include all matters and types of business, including, but
not limited to, the following:
11
, "', .';, ", ~ .. . ,'~ " I .' .', '. . ' ,~'.',', ....1' " ~ . ..' .'
i. Increasing the rent for the Property
under the ECllease.
ii. Taking action against the tenant, Eel,
including employment of counsel, for
improper tenant improvements or other
matters related to the Property.
III. Taking all actions necessary to sell all
or a portion of the Property, including, but
not limited to, the undeveloped adjacent
tract.
iv. In the event ECI's lease should
terminate for any reason, leasing the
Property to another tenant or tenants, or
selling the Property.
c. In the event the documents requested by claimants
in counsel's letter of May 28, 1998, have not been
produced, it is directed that those documents be
produced within ten days of the date of the award.
McNEES, WALLACE & NURICK
~
Alan R. Boynton, ,Ir.
J.D. No. 39850
James p, DeAngelo
J.D. No. 62377
Bruce R. Spicer
J.D. No. 72998
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
(717) 232.8000
Attorneys for Claimants
Dated:
July 16, 1998
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EXHIBIT E
JURISDICTION
The Arbitration Panel was selectcd by the partics, in accordancc with thc provision
of Article VI (6.1) of the Partnership Agreement, to hear and dctermine the issues
herein. The Arbitration Hearing was conductcd on Scptcmbcr 18, 1998 and all
interested parties were given an opportunity to introduce documentary evidence
and to examine and cross-examine witnesscs, Post hearing briefs wcre submitted
and each of the Arbitrators rcceivcd a transcript of proceedings,
BACKGROUND
The instant dispute arises from a demand filed by William Manna and
Miehael Kadilak, pursuant to Paragraph 6, I of a Partnership Agreemcnt, to take certain
action on affairs of the Partnership without approval of all the partners.
The Partnership was eficctive January I, 199 I bet ween William P. Eichelberger
(Eichelberger), William J. Manna (Manna) and Michael P. Kadilak (Kadilak). The
Partnership is known as Baseline Properties and each are one-third (1/3) partners.
Baseline Properties was fonned to purchase a piece of commercial real estate
located in Dillsburg, PA. On February I, 1996 the property was leased to Eichelberger
Construction Ine. (ECI). In addition to being a partner in Baseline Properties the
Respondcnt in this case, Eichelbergcr, is the majority shareholder, CEO and Prcsident of
ECI, Kadilak. is a 20% minority shareholder ofECI and Manna is a 15% minority
shareholdcr. Claimants Kadilak and Manna wcre fonnally employcd by ECI, Kadilak as
the Senior Vice-President and Manna as Vice.President. Although Manna and Kadilak
remain sharcholders in ECI since resigning their employmcnt with ECI in January of 1998,
have received no money for their intercst in ECI, Not only have they not received any
money in shareholder distribution ofECI's profit they may have ineurred Federal tax
obligations,
The Lease Agrccment between Baseline Propcrtics and ECI commenced of
February I, 1996 and cnds on Deecmbcr 31, 2000, Eel may renew this leasc for three
successive five year tem1S, ECI shall provide Baseline Propcrties notice of at least one
.
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, ~
hundred twenty days prior to the expiration of the current tenn ofECI's intcnt to renew
this lease, currently, under the Lease Agreement, ECI pays Baseline Properties only
enough money to cover the mortgage, The Lease Agreement docs provide, under
Paragraph 7 on page 2, for rent adjustments as follows:
7. Rent Adjustments. On January I" of each year (beginning
January I, 1997), during the original tenn and any renewal
tenn, the base rent amount for the year shall be reviewed and
lessor shall have the right to establish a reasonable increase in
the base rent.
A Partnership meeting was held on May 15, 1998. Various business matters were
discussed. One ofwhieh was the Claimants desire to increase ECI's rent in order to bring
it in line with market rates and to increase revenue for the Baseline Partnership,
Eichelberger objected to the proposed rent increase citing any increase for 1998 as
untimely because it was not made on January I, 1998 and further maintained it was not an
ordinary business alTair which could be decided by a majority of the Partners,
Subsequent to the aforementioned meeting Claimants re.submitted their demand to
take action 011 ordinary affairs of the Partnership including a timely proposal to increase
the rent effective January I, 1999 to $5.50 per square foot.
The proposal wa~ rejected by the Respondent and the matters in dispute, pursuant
to Paragraph 6.1 of the Partnership Agreement, submilled to the undersigned three
member Arbitration Panel for detennination.
CLAIMANTS POSITION
The Claimants assert that the Partnership should be able to conduct its real estate
business by a vote of two of the three partners as to ordinary matters including the items
discussed below, To require a unanimous vote for all the business matters of the
Partnership creates a situation where the Partnership is controlled by Eichelberger only.
Claimants request that the Respondent be found to have brc.1chcd his fiduciary duties to
the Partnership, by failing to cooperate in the conduct ofthl: Uaseline Properties business
ar.d fimhering the interest of the tenant, lOCI, 10 the detriment of Baseline Properties.
.
Claimants respeetfully request in order to resolve the issue of how the Partnership business
is to be conducted, a finding that all Partnership business for 13aseline Properties be
conducted by a majority vote of the Partncrs, including, butl10t limited to the following:
I. Increasing the ren!. for the property under the ECI lease,
2. Taking action against the tenant, (ECI) for improper tenant improvements.
3. Lease of the building to another tenant or tenants if the current lease should
terminate.
4. Sale of all of the property or a portion of the property.
RESPOND~~NT'S I'OSITION
It is the contention ofthe Respondent that Baseline cannot take legal action
against ECl, without unanimous consent, for the alterations and repairs made under the
direction of the Respondent. The alterations made by Eel were done with the knowledge
not only of the Respondent but also with that of one or mere of the Claimants.
The Respondent argues the Partnership Agreement specifically states that
unanimous consent is required for Baseline to sell all or substantially all of the property of
the Partnership, and a decision to sell any of the real estate a violation of the Lease
Agreement with ECI.
Respondent asserts the Claimants dcmand to increase the rent is a decision
requiring unanimous consent of all of the Partners as it is generally understood that any
decision to changc thc rent paid by a tenant occupying real estate owned by a Partnership
is not an ordinary matter.
The Respondent alleges the Claimants demands arc an attempt to have all
decisions, including major decisions, made by a simplc majority.
As relief the Rcspondent requests that thc Arbitrators deny all of the Claimants
demands and to enter an order effecting thc dissolution of the Baseline Partnership,
-.
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OPINION
The Respondenls contention that Claimants cannot take legal action against ECI
without unanimous consent re: the maller of the alterations to the building will be
sustained as said alterations were done with the knowledge of alleast one or more of the
Claimants,
However, ifat some time in the future the alterations and repairs done by ECI,
under the direction of Eichelberger, are found to be in violation of the local building code
or Labor and Industry Regulations, then the Claimanls if not held harmless for any fine or
cost of bringing same into compliance, may if desired litigate the maller,
Re: the Claimants demand for the right to sell all of the property or a portion of the
property by a majority vote will be denied, The Partnership Agreement (4.2) specifically
provides that unanimous consent is required to sell any or all of said property.
The Claimants demand for a favorable finding that a majority vote, in event ECI's
lease should tenninate for any reason, permit the leasing of the property to another tenant
or tenants, or selling the property.
As stated above and defined under 4.2 of the Partnership Agreement any
detennination to sell the property requires unanimous consent. The right to lease the
property, by a simple majority vote, in the event Eel's leas should temlinate however can
only be detennincd to be a reasonablc and ordinary business affair
Baseline is in the real estate business and for whatever reason the majority of the
Partners arc to be denied the right to lease a vacant property causing all the Partners to
pay the cost of the debt service, taxes, etc, is without question ludicrous. The demand
therefore to lease the property under the circumstance mentioned above will be sustained.
The demand to increase ECI's rent effective January I, 1999 will be sustained. The
Respondent, under direct examination, testified the Claimants were invited to be Partners
in Baseline at the suggestion of his accountant. The decision was thcn made to form a
separate Partnership or company rather than purchasing the propcrty through ECI or the
Respondent personally "so ECI would not be tied to the liability"
In order to acquire the property the Claimants have incurred obligations, They
personally guaranteed the Partnership debt. The Partncrship Agreemcnt, in pcrtincnt part
reads as follows:
<
3.2 Liability. All Partners shall b e equally responsible for any
and all liabilities of the Parlnership.
Respondent's demand that the issues at dispute in this matter rcquirc a unanimous
vote would not only prevent the Claimants from realizing a fair return on their invcstmcnt,
a profit he would also share, it would place them in an untenable position ifBaseline
Properties should incur any future liability.
Accordingly, on the basis of the record and for rcasons discussed above,
the Claimants demands are sustained to the limited extent of the following findings:
AWARD
Demand to increase rent to $5,50 per square foot elTective January I, 1999:
Sustained
Demand to leasc the property to another tenant or tenants in evcnt ECI's lease
should tenninate: Sustained
Demand that the tenant (ECI) comply with requirements of the lease re:
alterations: Sustained
Demand to sell any portion of the propcrty by a majority vote: Denied
Respondents demand to dissolve the Partnership and ordcr a liquidalion: Denied
It is recommended, but not ordered, that any request to increase the base rent,
made in a timely mannt;r, for the first renewal tenn (commencing January 1,2001 and
expiring Decembcr 31, 2005) be governed as follows:
Any bast' rent increase requested to be clTcctive January I, 200 I .. shall not
exceed 2%.
Any base rcnt increase requested to be elTcctive January I, 2003 .. ~hall not
exceed 2%,
Any base rent increase requested to be clTective January 1, 2005 .. shall not
exceed 2%,
No increase for the years 2002 and 2004 are 10 be sought.
,
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AWARD 011 TilE AIUUTI~ATION PANEL
Convcncd l'nrslClIJI( To l'nrllgrllJlh 6.1 Of A J'lIl'tncrshiJl Agrcclllc It
ro.,
IN TIlE MATTER or ARBITRATION
BETWEEN
CLAIMENTS: MichaelP, Kadilak and William J, Manna
AND
RESPONDENT: William P. Eichelbcrgcr
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The Arbitrators, representing the Parties, have sct forth their signatures below indicating
their respective dissent or concurrence
:
1/1~/ff
Dite
Concurs J11t? Dissents
If/! I q '"
Date
~g.l~
Robcrt L. Kyler
Concurs ~ Disscnts
3/lJli9
Date
Concu~~.t J- Disscnts
/J //J~~
/~;p:..-J f. . V('t/ -
Stephcn E, Flahcrly
7
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EXHIBIT F
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fERRY R, DUlm
RICHARD W, HEWART
C. ROY WEIDNER. III
EDMUND G, MYEIl.\
DAVID W, DlLUCE
",^LPH II, WRIGHT. IR,
DAVID I, LANZI>
IOSEI'H L. HITCHING>
MARK C. DUHlE
KLlRHLN WAL.'II DAVIDSON
MfCHAU. J. C^,,'IIW
LAW OHfCE5
JOHNSON, DUFFIE, STEWART & WEIDNER
A Proreaslonal Corporation
301 MARKET STREET
P. O. !lOX 109
LEMOYNE, PENNSYLVANIA 17043.0109
WEDSITE: www.jdJw.com
1I0RACE A IOIlNSON
OJ COtJN~r.l
TELEPIIONE 717.761.~5~0
FAGSIMILE 717.761.3015
E.MAll moll@jdlw,cum
Fax Memorandum
FROM:
James P. DeAngeto, Esquire
McNees, Wall~ce & Nurick
Theodore A. Adler, Esquire
Reager & Adler, P.C.
Jerry R. DUlfie.Je.b
(717) 237.5300
(717) 730-7366
TO:
RE:
Arbitration Award.Michael P. Kadil~k and William J. Manna, Clail11ant~ v, William P.
Eichelberger, Respondent
DATE:
January 29, 1999
.....................R..............a.........................................,
Attached is a copy 01 the proposed Arbitration Award. The Arbitration Aw~rd was forwarded on January
13,1999 to Mr. Flaherty and Mr. Kyler for comments. t received comments from Mr. Kyler. I have not yet
received comments fruiii Mi. rlahurl,. In any event, the proposed Arbitration Award is being distributed
to you for YlJur review and comment, subject 10 any conirr,ents submitted by Mr, Flaherty.
I would suggest that you provide comments by not tater than the end of ncxt week (Fcbruary 5, 1999).
If either of yeu have questions or concerns about the proposed Arbitration Aw~rd, please feel free to give
me a call, If necessary, W'J will schedule a conference call with counsel and the arbitrators to resolve any
issues.
119511
Att~chmenl
cc: Stephen E. Flaherty, Arbitrator (w/o enclosure)
Robert L. Kyler. Arbitrator (w/o enclosum)
o [gcg@:D~~J~1
fE8 - 1 J~9 ~
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011277-00001/1.13,99/JRD/MAM/l10003, ,
fILE COpy
MICHAEL P. KADILAK and
WILLIAM J. MANNA,
ARBITRATION
Claimants
v.
PURSUANT TO PARAGRAPH 6.1 OF THE
PARTNERSHIP AGREEMENT DATED
JANUARY 1,1996
WILLIAM P. EICHELBERGER,
Respondent
ARaI1:BATION AWARQ
AND NOW, in consideration of Claimants' (Michael P. Kadilak ["Kadilak"] and William J. Manna
["Manna"]) Demand, after hearing held September 18, 1998, and settlement conference held among the
Arbitrators and counsel for Claimants and Respondent (William P. Eichelberger ["Eichelberger"]) held January
8, 1999, the following Award is hereby entered:
1. Lease AgreementlModification-Term. As set forth in P~ra9raph 3 of the Lease
Agreement ("Lease"), dated February 1, 1996, between Baseline Properties ("Baseline") and Eichelberger
Construction, Inc. ("ECI"), the term commenced on February 1, 1996 and continues for a period of fifty-nine
(59) consecutive months, expiring December 31, 2000. Baseline has the right, pursuant to the provisions of
Paragraph 3 of the Lease, to extend the temn for three (3) successive five (5) year renelVal terms. The
Arbitrators hereby direct that the initial term of the Lease (February 1, 1996 through December 31,2000) be
extended for five (5) years and the revised, initial term ("Modified Term") shall expire on December 31, 2005.
ECI, by the Joinder, agrees to the modification of the term as set forth.
2. Base Rent-Modified Term/Renewal Terms. The Base Rent during the Modified Term
(expiring December 31, 2005) and for the two (2) five (5) year renewal terms shall be as follows:
A. Base Rent-Modified Term. ECI shall pay to Baseline, effective as of January 1,
1999, Base Rent for the Modified Term for the Premises (13,243 square feet) for each calendar
year as follows;
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011277-0000111, 13.99/JRD/MAM/118603. .
FILE COpy
MICHAEL P. KADILAI< and
WILLIAM J, MANNA,
ARBITRATION
Claimants
v.
PURSUANT TO PARAGRAPH 6,1 OF THE
PARTNERSHIP AGREEMENT DATED
JANUARY 1,1996
WILLIAM P. EICHELBERGER,
Respondent
ARBITRA TION..AWARD
AND NOW, in consideration of Claimants' (Michael P. Kadilak ["Kadilak"] and William J. Manna
["Manna1) Demand, after hearing held September 18, 1998, and settlement conference held among the
Arbitrators and counsel for Claimants and Respondent (William P. Eichelberger ["Eichelberger"]) held January
8,1999, the following Award is hereby entered:
1. Lease AgreemenUModiflcation-Term. As set forth in P<1ragraph 3 of the Lease
Agreement ("Lease"), dated February 1, 1996, between Baseline Properties ("Baseline") and Eichelberger
Construction, Inc. ("ECI"), the term commenced on February 1, 1996 and continues for a period of fifty-nine
(59) consecutive months, expiring December 31, 2000. Baseline has the right, pursuant to the provisions of
Paragraph 3 of the Lease, to extend the term for three (3) successive five (5) year renewal terms, The
Arbitrators hereby direct that the initial term of the Lease (February 1, 1996 throu9h December 31, 2000) be
extended for fille (5) years and the revised, inilialterm ("MOdified Term") shall expire on December 31, 2005.
ECI, by the Joinder, agrees to the modification of the term as set forth.
2. Base Rent-Modif'led Term/Renewal Terms. The Sase Rent during the Modified Term
(expiring December 31, 2005) and for the two (2) five (5) year renewal terms shall be as follows:
A. Base Rent-Modified Term. ECI shall pay to Baseline, effective as of January 1,
1999, Base Rent for the Modified Term for the Premises (13,243 square feet) for each calendar
year as follows:
: ,,'. ,~':/', ~: :... 'I;" . ,,::',:\:, ::, ~'>" J.: ' ;' ::.;::,,' Z~.::_I~~'~~'III:'~:'~'~ ~ji;):'~l~~~~~~.~~';~~;~~'~:~'~;'L'( ~~', /: r." ,1,,: \. ..(,~ \ ": ~ I~~,'.~' ':, ~ ~~., :),. '1< ,;'\:: .\' ..: ,,:' t~ " ,;-. :' \:, ;,~ :'1 .
011277.o0001/1.13,99/JRDIMAM/l . ..03.1
2010), ECI shall give written notice to Baseline not later than July 1, 2005, If ECI shall extend for the first
renewal term and if ECI desires to extend for the second renewal term (commencing January 1, 2011 and
expiring December 31,2015), then ECI shall provide written notice to Baseline not later than July 1, 2010.
Written notice as set forth herein shall be given by ECI to Baseline by personal delivery to Eichelberger,
Kadilak and Manna or by certified mail, postage prepaid, return receipt requested, addressed to Eichelberger,
Kadilak and Manna. If the written notice is mailed by certified mail, notice shall be deemed given as of the
date of postmark.
4. Eel's Right of Early Termination. ECI shall have the right to terminate the Lease prior to
the expiration of the Modified Term by giving written notice to Baseline and under the terms and conditions
hereinafter provided:
A. Written Notice. If ECI elects to exercise ECI's right of early termination during the
Modified Term (January 1, 1999 through December 31,2005), ECI shall provide a minimum of
one hundred eighty (180) calendar days' prior written notice to Baseline of ECI's intention to
exercise ECl's right of early termination. Said notice shall not be given by ECI to Baseline prior to
July 1, 2000 and said notice shall set forth the effective date of the early termination which shall
be not earlier than one hundred eighty (180) calendar days from the date that the written notice Is
delivered or postmarked and shall be effective as of the last calendar day of the month following
the expiration of the one hundred eighty (180) calendar day notice period. Notice shall be
provided as set forth in Paragraph 3.
B. Payment/Base Rent. As a condition precedent to ECI's right of early termination,
ECI shall pay to Baseline the monthly installment of Base Rent for each month after said written
notice is given by ECI to Baseline through the early termination date of the Modified Term. If ECI
shall fail to pay any monthly installment of Base Rent by the tenth (10th) calendar day of each
month, then, in that event, ECI's notice of early termination shall void and ECI shall be required to
give a new one hundred eighty (180) calendar days' notice of ECl's intention to exercise Eel's
right of early termination.
3
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011277.0000111, 13,991JRDIMAMI "...03.1
C. Additional Rent. In addition, ECI shal! be obligated to pay all additional rent, as
set forth In Paragraph 5 of the Lease, up to and including the effective date of early termination of
the Modified Term.
D. Early Termination Consideration. ECI shall pay to Baseline the sum of One
Thousand Six Hundred ($1,600.00) Dollars per month commencing with the first month following
the effective date of the early termination of the Modified Term for a period of twelve (12)
consecutive months. Said sum shall be paid to Baseline by ECI on or before the tenth (10th)
calendar day of each month for a period of twelve (12) consecutive months. Notwithstanding the
foregoing, if the Premises (as defined in the Lease) is sold and settled during the twelve (12)
month period following the effective date of the early termination, then, in that event, ECI's
obligation shall terminate as of the date of settlement and shall be prorated for the month in which
selllement occurs based on the actual number of calendar days in said month. In addition, in the
event that the Premises (specifically including the building erected upon the Premises) is leased
during said twelve (12) month period following the effective date of early termination, then ECI's
obligation to make said payment on a monthly basis shall terminate as of the effective date that
the new tenant begins paying rent for the Premises (including the building).
5. Sale/Lease of Premises. If ECI shall give written notice to Baseline of ECI's intention to
exercise ECI's right of early termination during the Modified Term, or il ECI shall fail to give the requisite
written notice of ECI's intention to exercise ECI's option to extend the term of the Lease for the first renewal
term (January 1, 2006 through December 31,2010) or. if applicable, ECI shall fail to give the requisite written
notice of ECI's intention to exercise ECl's option to extend the term of the Lease for the second renewal term
(January 1, 2011 through December 31,2015), then the following shall be applicable:
A. Fair Market Value. Within thirty (30) calendar days after (i) ECI shall provide
written notice to Baseline of ECl's intention to exercise ECI's right of early termination, or (ii) ECI
shall fail to provide the requisite written notice to extend the term for the first renewal term or (iii) if
Eel shall fail to provide the requisite written notice to further extend the term for the second
renewal term, EiChelberger shail relain (al Eichelberger's expense) an independent, qualified real
estate appraiser 10 provide an appraisal as to the fair market value of Ihe Premises (as described
in Exhibit "A" of the Lease) and 10 provide an opinion as to the "range" of Ihe fair market value
4
011277-00001l1.13.99/JRO/MAMJ. ,,,803.1
rental for the Premises (to Include the building). During the same period, Kadilak and Manna shall
retain (at the expense of Kadilak and Manna) an independent, qualified real estate appraiser to
provide a fair market value appraisal as to the Premises and a "range" of the fair market value
rental for the Premises (to include the building).
The appraiser appointed by Eichelberger and the appraiser appointed by Kadilak and
Manna shall, within thirty (30) days after their respective appointments, provide an appraisal
report setting forth the fair market value of the Premises and a range of fair market value rental for
the Premises (to include the building). The appraisal report of the appraiser appointed by
Eichelberger shall be delivered or otherwise made available to Kadilak and Manna within five (5)
calendar days after said report Is received by Eichelberger. The appraisal report of the appraiser
appointed by Kadilak and Manner shall be provided or otherwise made available to Eichelberger
within five (5) calendar days after said report is received by Kadilak and Manna.
The purchase price for the Premises (to include the building) shall be the average fair
market value of the two (2) appraisers. Notwithstanding the foregoing, in the event that the
appraised fair market value of the Premises submitted by either appraiser shall be greater than
ten (10%) percent of the fair market value submitted by the other appraiser, then, in that event, a
third independent, qualified appraiser shall be retained by Baseline (at Baseline's expense) to
provide a fair market value appraisal of the Premises (to include the building). The third
appraiser, if required, shall be designated within ten (10) calendar days after receipt of the two (2)
appraisal reports. The third appraiser shall be as mutually agreed among Eichelberger, Kadilak
and Manna. If Eichelberger, Kadilak and Manna cannot agree as to the third appraiser, then
Eichelberger and Kadilak and Manna shall put the name of an independent, qualified real estate
appraiser~ (excluding the appraiser appointed by Eichelberger and excluding the appraiser
appointed by Kadilak and Manna) on a separate, identical slip of paper and the two (2) slips of
paper shall be placed in a container. A disinterested third party shall remove one (1) slip of paper
from said container and the name of the appraiser appearing on the slip of paper drawn from the
container shall be the third appraiser.
The appraisal report submitted by the appraiser designated by Kadilak and Manna and the
appraisal report submitted by the appraiser designated by Eichelberger shall be given to the third
5
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011277.00001/1.13,S9IJRDIMAMi. .d03.1
appraiser within five (5) calendar days of the appointment of the third appraiser. The third
appraiser shall, within twenty.one (21) calendar days after receipt of both appraisal reports,
submit a third appraisal report setting forth the fair market value of the Premises. If the fair market
value appraisal submitted by the third appraiser is between the fair market value appraisal
submitted by the other two (2) appraisers, then the fair market value of the Premises shall be the
fair market value specified in the third appraiser's appraisal report. If the fair market value of the
third appraisal does not fall between Ihe fair market value submitted by the other two (2)
appraisers, then the average of the three (3) appraisals shall be the fair market value of the
Premises.
B. Fair Market Rent. In order to determine the "range" of the fair market rent of the
Premises (including the buiiding), the same procedure set forth in Paragraph 5.A shall be used,
including, if applicable, the appointment of the third appraiser. In order to determine whether the
fair market rent of the Premises (including the buiiding) is within the ten (10%) percent range, the
"average" of the range submitted by each appraiser shall be used. Again, if the fair market rent
submitted by either appraiser is ten (10%) percent greater than the fair market rent submitted by
the other appraiser, then the third independent, qualified real estate appraiser shall submit a
"range" of fair market rent for the Premises (including the buiiding) and if the average of said
range is within the average of the range of the fair market rent submitted by the other two (2)
appraisers, then the third appraiser's "range" shall be t~le "range" of fair market rent. If the third
appraiser's "range" does not fall within the "range" of the fair market rent submitted by the other
two (2) appraisers, then the average of the fair market rent of the three (3) appraisers shall be
used (for purposes of the average, the average of the "range" submitted by the third appraiser
shall be used).
6. Right of Purchase/Eel. In consideration of ECI's Joinder agreeing to the amendments to
the Lease, the Arbitrators hereby direct and Kadilak, Manna and Eichelberger grant to ECI the right to
purchase the Premises (including the building) under and subject to the following terms and conditions:
A. Triggering Event. ECl's right to purchase the Premises is subject to (I) ECI
providing written notice to Baseline that ECI intends to elect ECI's right of early termination of the
Modified Term or (ii) ECI not providing the requisite one hundred eighty (180) calendar day notice
6
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011277.00001/1.13,99/JRDIMAMI, ,.d03,l
to exercise ECI's right to extend the term of the Lease for the first renewal term or, if applicabi>o,
second renewal term.
B. Purchase Price. The purchase price for the Premises shall be the fair market
value determined in accordance with the provisions of Paragraph 5.A,
C. Notice. If Eel elects to purchase the Premises, for the purchase price as set forth,
then ECI shall provide written notice to Baseline (specifically Kadilak and Manna) of ECI's
Intention to purchase the Premises. The written notice shall be given by ECI within sixty (60)
calendar days after the fair market value of the Premises has been determined as set forth in
Paragraph 5-A.
D. Terms and Conditions. If ECI exercises ECI's right to purchase the Premises,
then, in that event, the terms and conditions pertaining to the sale and purchase of the Premises
shall be as follows:
(I) Purchase PrIce. As set forth above, the' purchase price shall be
determined in accordance with Paragraph 5.A and shall be paid, in full, by Eel at the time
of settlement.
(Ii) Settlement. Setllement shall occur within forty-five (45) calendar days
after the date that ECI shall provide the requisite notice of ECI's intention to exercise the
right to purchase the Premises but prior to the effective date of early termination,
expiration date of the Modified Term, expiration date of the first renewal term or expiration
date of the second renewal term, as applicable.
(m) No Financing Contingency. There shall be no financing contingency and
if ECI shall provide the requisite notice to purchase the Premises, then ECI's obligation to
purchase the Premises shall be absolute and unconditional.
(Iv) "As Is" Condition. Eel shall purchase the Premises (specifically the
building) in an 'as is . condition and B3scline shall not be rcquired to give any wan'anties
7
011277-00001/1.13,99/JRDIMAMi, ."803.1
or representations with respect to the Premises (including the building). There shall be no
requirement for Baseline to provide to ECI any representations or warranties pertaining to
environmental issues, building code violations, compliance with applicable laws or
otherwise.
(v) Realty Transfer Taxes. ECI shall pay one.half (1/2) of the applicable
realty transfer taxes assessed in connection with the conveyance. Baseline shall pay one-
half (1/2) of the applicable really transfer taxes assessed in connection with the
conveyance.
(vi) Adjustments at Settlement. With respect to county, borough and school
district real estate taxes, there shall not be any adjustment of said taxes at the time of
settlement. If settlement occurs prior to the effective date of the early temlination of the
Modified Term, expiration date of the Modified Term, expiration date of the first renewal
term or expiration date of the second renewal term, as applicable, then the Base Rent for
the month in which settlement occurs shall be prorated based on the actual number of
days in said month.
(vii) Deed/Title. Baseline shall convey the Premises to ECI by special warranty
deed. free and clear of all liens and encumbrances except existing easements and
restrictions of record. Title shall be good and marketable, fee simple tille, insurable by a
reputable title Insurance company doing business in the Commonwealth of Pennsylvania
at regular rates. Baseline shall be required to pay, in full, the current mortgage and note
(to include accrued and unpaid interest) or any future mortgage and note (to include
accrued and unpaid interest) with respect to the Premises at the time of settlement.
(viii) Default/ECI. If ECI shall exercise ECl's right to purchase and shall fail to
settle after fifteen (15) calendar days' written notice to be given to ECI by Kadilak and
Manna, then, in that event, Eel's right to purchase right to purchase the Premises shall be
null and void and the provisions of Paragraph 7 shall be applicable.
8
011277 .00001/1.13.991JRDIMAMi, .0803.1
(Ix) AsslgnmenUElchelberger. ECI shall have the right to assign ECI's right to
purchase the Premises to Eichelberger. If ECI shall make such an assignment, ECI shall
provide written notice to Baseline (specifically I<adilak and Manna). With the exceptiDn of
ECI's right to assign to Eichelberger, ECI shall nDt have the right to assign ECI's right tD
purchase the Premises to a third party without the prior written consent of Kadilak and
Manna, which said consent may be withheld in the sole discretion of I<adilak and Manna,
If ECI shall elect to assign ECI's right to purchase to Eichelberger, then, in that event, all of
the tenns and conditions set forth In this Paragraph 6-E, pertaining to the sale and
purchase of the Premises, shall be applicable except, however, with respect to Paragraph
6-E(vi), county, borough and school district real estate taxes shall be prorated at the time
of settlement based on the calendar or fiscal year of the taxing authority.
(x) Purpose/TImlng. The purpose of this Paragraph 6, to include tho tenns
and conditions pertaining to the sale and purchase of the Premises, is to provide that if
ECI shall elect to exercise ECI's right of early termination or elect not to renew for the first
renewal term or, if applicable, second renewal term, that ECI shall have the right to
purchase the Premises (to include the building) without vacating the Premises. The
determination of the purchase price, the notice requirements and the other terms and
conditions are designed to permit ECI to trigger ECI's right to purchase the Premises by
providing a requisite notice and completing the purchase of the Premises SD that ECI does
not have to vacate the Premises. However, if ECI gives the requisite written notice which
triggers ECI's right to purchase the Premises and if ECI does not purchase the Premises,
then ECI shall be required to vacate the Premises upon the effective date of the early
termination of the Modified Term, the expiration date of the Modified Term, the expiration
of the first renewal term or, if applicable, the expiration of the second renewal term, as
applicable.
7. Right of Purchase/Kadilak and Manna. If ECI does not exercise ECI's right to purchase
the Premises or purchase the Premises as set forth in Paragraph 6, then, in that event, Kadiialc and Manna
shall have the right to purchase the Premises under substantially the same terms and conditions as set forth
in Paragraph 6. Specifically, the following terms and conditions shall be applicable:
9
011277.00001l1.13,99/JRDIMAMi. ,,803.1
(I) Purchase Price. As set forth above, the purchase price shall be
determined in accordance with Paragraph 6.A and shall be paid, In full, by Kadllak and
Manna at the time of setllemenl.
(II) Settlement. Setllement shall occur within forty-five (45) calendar days
after the date that Kadilak and Manna shall provide the requisite notice of their intention to
exercise the right to purchase the Premises.
(III) No Financing Contingency, There shall be no financing contingency and
, if Kadilak and Manna shall provide the requisite notice to purchase the Premises, then
Kadilak and Manna's obligation shall be absolute and unconditional.
(Iv) "As Is" Condition. Kadilak and Manna shall purchase the Premises
(specifically including the building) in an "as is " condition and Baseline shall not be
required to give any warranties with respect to the Premises (to include the building).
There shall be no requirement for Baseline to provide to Kadilak and Manna, as
applicable, any representations or warranties pertaining to environmental issues, building
code violations, compliance with applicable laws or otherwise.
(v) Realty Transfer Taxes. Kadilak and Manna shall pay one.half (1/2) of the
applicable realty transfer taxes assessed in connection with the conveyance. Basetine
shall pay one.half (1/2) of the applicable realty transfer taxes assessed in connection with
the conveyance.
(vi) Adjustments at Settlement. County, borough and school district real
estate taxes shall be prorated or adjusted as of the date of settlement based on the
calendar or fiscal year of the taxing authority. If settlement occurs prior to the effective
date of the early termination of the Modified Term, expiration date of the Modified Term,
expiration date of the first renewal term or expiration date of the second renewal term, as
applicable, the Base Rent for the month in which setllement occurs shall be prorated
based on the actual number of calendar days in said month.
10
011277-00001l1.13.99/JRDIMAMI. ,0603,1
(vii) DeedlTitle. Baseline shall convey the Premises to Kadilak and Manna by
special warranty deed, free and clear of all liens and encumbrances except existing
easements and restrictions of record. Title shall be good and marketable, fee simple title,
insurable by a reputable title insurance company doing business in the Commonwealth of
Pennsylvania at regular rates, Baseline shall be required to pay, In full, the current
mortgage and note (to include accrued and unpaid interest) or any future mortgage and
note (to include accrued and unpaid interest) with respect to the Premises at the time of
settlement.
,
!'
I
(Ix) DefaulUKadilak and Manna. If Kadilak and Manna shall exercise their
right to purchase the Premises and shall fail to settle after fifteen (15) calendar days'
written notice to be given to Kadilak and Manna by Eichelberger, then, In that event,
Kadilak and Manna's right to purchase shall be null and void and the provisIons of
Paragraph 7 shall be applicable.
I
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I
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(viii) AssignmenULease. Baseline shall, if applicable, at the time of settlement
assign the lease to Kadilak and Manna.
(x) Assignment. Kadi!ak and Manna shall not assign their right to purchase
the Premises to a third party without the prior written consent of Eichelberger, which said
consent may be withheld in the sole discretion of Eichelberger.
8. Listing of Premises. In the event that ECI shall fail to give written notice of ECl's
Intention to purchase the Premises and in the event that Kadilak and Manna shall not provide the requisite
written notice to purchase the Premises, or if ECI or Kadilak and Manna shall give the requisite notice but
default with respect to settlement, then the Premises shall be listed with Commercial-Industrial Realty
Company ("CIR") for a period of twelve (12) ccnsecutive months commencing as of the effective date of the I
earty termination of the Modified Term, expiration date of the Modified Term, the expiration date of the first
renewal term or, il applicable, the expiration date of the second renewal term, as applicable. The real estate
commission payable to CIR shall not exceed ten (10%) percent. The purchase price shall be the fair market
value as determined pursuant to Pamgraph 6.A plus ten (10%) percent (or the actual percentage of the real
estate commission payable to CIR). The real estate sales person shall be William Gladstone provided that he
11
011277-00001l1.13.99IJRDIMAM,. ,803.1
is then affiliated with CIR. If William Gladstone is not then affiliated with CIR, then the broker or brokers of
CIR shall designate the real estate sales person. CIR shall be permitted to place a sign or signs on the
Premises indicating that the Premises are for sale and for lease. ECI, by the execution of the Joinder, agrees
(i) that said sign or signs can be placed on the Premises and (Ii) that CIR, to include any prospective
purchaser or prospective tenant, shall have access to the Premises (specifically including the building) upon
reasonable notice and during the normal hours of operation of ECI.
The above-described listing agreement shall also include the right of CIR to find a tenant to lease
the Premises. The listing agreement shall specifically provide that the lease shall be a "triple net" lease and
the rent shall be the average of the "range" of fair market rent determined in accordance with Paragraph 6-B.
Any two (2) Partners of Baseline are authorized to sign a listing agreement provided that the
listing agreement is in accordance with the terms and conditions of this Paragraph 8.
If CIR shall submit a bona fide third party offer to purchase the Premises for a purchase price of
least ninety (90%) percent of the purchase price set forth in the listing agreement, then, in that event, the
Premises shall be sold to said third party. The agreement of sale may contain a financing contingency
provided that the amount of such financing shall not exceed seventy-five (75%) percent of the purchase price
and shall provide for an interest rate that is not less than one and one-half (1.5%) percent above the then
pUblished (Wall Street Journal) prime rate and shall be for a term of not less than twenty (20) years. If a bona
fide third party offer is submitted containing the terms and conditions set forth in this paragraph, then two (2)
Partners of Baseline are authorized to sign the agreement of sale and to bind Baseline. UkelVise, two (2)
Partners of Baseline are authorized to sign the special warranty deed conveying the Premises to the bona fide
third party purchaser and two (2) Partners of Baseline are authorized to sign any other document reasonably
required to complete settlement.
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In the event that CIR shall Identify a potential tenant during the listing period and the potential i
tenant shall submit a bona fide proposal to lease the Premises on a triple net basis for an annual rental of not
S:fi:
less than the'average of the range of fair market rent determined in nccordance with Paragraph ~ (with an
increase of ntleast1.5% every two [2] years during the term) and for a minimum term of not less than five (5)
years and with two (2) renewal terms (nol exceeding, in the aggregate, ten [10] additional years), then two (2)
1.2
011217.00001/1.13.99/JRDIMAM. . .d03,1
Partners of Baseline are authorized to sign the term sheet or preliminary acceptance and two (2) Partners of
Baseline are authorized to sign the lease.
9. Carrying ChargesNacancy. If Eel shall vacate the Premises and if the Premises are not
sold, then, in that event, Baseline shall be obligated to pay all expenses in connection with the Premises
including, but not limited to, principal and interest on account of the mortgage and note, real estate taxes,
utility expenses, maintenance charges, insurance costs (to include public liability insurance) and any other
expense related to the Premises. If ECI elects to exercise ECI's right of early termination during the Modified
Term, then the moneys paid by Eel (C~l a monthly basis) shall be applied against the carrying expenses and
the difference shall be paid equally by Eichelberger, Kadilak and Manna by contributions to the Baseline,
Said contributions shall be made on a monthly basis, in advance, on or before the fifth (5'h) calendar day of
the month beginning with the month following the vacancy.
10. Baseline's Right to Sell Portion of Premises. Baseline shall not have the right during
the Modified Term and, if applicable, first renewal term or second renewal term of the Lease to sell a portion
of the Premises without the prior written consent of Kadilak, Manna and Eichelberger and the prior written
consent of ECI.
11. Additional Modifications/Lease. As set forth in Paragraph 3 of this Arbitration Award, if
ECI desires to extend the term of the Lease for the first renewal term (January 1, 2006 through December 31,
2010) or, if applicable, the second renewal term (January 1, 2011 through December 31, 2015), ECI is
required to provide one hundred (180) calendar days' prior written notice. In addition, if ECI desires to
exercise ECI's right of early termination, as set forth in Paragraph 4 of this Arbitration Award. ECI is required
to provide one hundred eighty (180) calendar days' written notice. Accordingly, to the extent that those
provisions are inconsistent with Paragraph 3 and Paragraph 27 of the Lease, Paragraph 3 and Paragraph 27
of the Lease are amended.
12. Arbitration. The provisions of Paragraph 6.1 of the Partnership Agreement shall be
applicable with respect to resolving any disputes arising out of or relating to this Arbitration Award. Except,
however, that if the dispute arises between Eichelberger (as one party) and Kadilak and Manna (as the other
party), then Eichelberger shall appoint an arbitrator and Kadiiak and Manna shall appoint an arbitrator and the
tvvo (2) arbitrators appointed shall designate the third imparti<J1 arbitrator. The provisions of Paragraph 6.1 of
13
-, '.." " " ..' ~. ' " ' . \ " v,, " ' , , ' I' ~'," I, . ,
011277.0000t/l.13.991JRDIMAMI'o ."d03.1
JOINDER
The undersigned, Michael P. Kadilak, William Manna and William P. Eichelberger, in their
respective capacities as Partners of Baseline Properties and individually, execute this Joinder for the purpose
of agreeing to be bound by the terms and conditions of the Arbitration Award and specifically agree that the
Arbitration Award shall be treated as a settlement agreement as among the undersigned. The settlement
agreement (the Arbitration Award) is binding upon the undersigned, as Partners of Baseline and individually,
and shall be deemed, as applicable, a modification of the Partnership Agreement, specifically including, but
not limited to, the authority of two (2) Partners to (i) sign a listing agreement (pursuant to Paragraph 8), (ii) to
sign an agreement or agreements of sale (pursuant to Paragraph 8), (iii) to sign a lease with a third party
tenant (Paragraph 8), (iv) to sign a special warranty deed (Paragraph 8) and (v) in all other respects as set
forth in the Arbitration Award. The undersigned specifically acknowledge that this Joinder is being signed by
each of the undersigned, individually and as a Partner of Baseline Properties, to resolve the outstanding
disputes among the Partners.
In addition, the undersigned, in their capacities as Partners of Baseline Properties, by the
execution of this Joinder, agree to the modifications of the L.ease Agreement as set forth in the Arbitration
Award and acknowledge that the Lease Agreement is amended, as set forth in the Arbitration Aware:.. The
Lease Agreement, except as amended by the Arbitration Award, shall be and remain in effect.
IN WITNESS WHEREOF, the undersigned, each intending to be legally bound, have caused this
Joinder to be signed and delivered effective as of the date set forth beside each partner's (and individual's
signature.
Date:
Michael P. Kadilak, Partner and Individually
Date:
William J. Manna, Partner and Individually
Date:
William P. Eichelberger, Partner and Individually
15
011277.00001/1.13.90/JROIMAMI',. _"03.1
JOINDER/EICHELBERGER CONSTRUCTION, INC.
The undersigned, William P. Eichelberger, President, for and on behalf of Eichelberger
Construction, Inc. ("ECI"), executes this Joinder for the purposes of agreeing by the modifications of the
Lease Agreement, dated February 1, 1996, between Baseline Properties ("Lessor") and Eichelberger
Construction, Inc. ("Lessee") set forth in the above Arbitration Award and agrees to be bound by the terms
and conditions of the Arbitration Award which amends the Lease Agreement. Specifically, Eichelberger
Construction, Inc. acknowledges that the term of the Lease Agreement, which woulu have expired on
December 31, 2000, has been extended for an additional five (5) calendar years and will now expire on
December 31,2005, subject to the right of Eichelberger Construction, Inc. to terminate the Lease Agreement
prior to the expiration date of the Modified Term (as defined by the Arbitration Award) under the terms and
conditions of the Arbitration Award as Silt forth above. In addition, Eichelberger Construction, Inc. is granted a
right to purchase the Premises under and subject to the terms and conditions set forth in the Arbitration
Award. In addition, Eichelberger Construction, Inc, agrees that the Base Rent payable effective January 1,
1999 through the expiration of the Modified Term (December 31, 2005) and the Base Rent payable during the
first renewal term (Janumy 1, 2006 through December 31,2010) and second renewal term (January 1, 2011
through December 31,2015) has been fixed and will be payable by Eichelberger Construction, Inc. subject to
the terms and conditions of the Lease Agreement, as amended, and subject to the right of early termination
set forth in the Arbitration Award. Eichelberger Construction, Inc., by the execution of this Joinder, agrees to
be bound by all of the modifications to the Lease Agreement as set forth in the Arbitration Award, including,
but not limited to, those modifications specifically identified in this Joinder.
Eichelberger Construction, Inc. also confirms, by the execution of this Joinder, that all other terms
and conditions of the Lease Agreement, except as specifically modified by the terms of the Arbitration AIVard
and not inconsistent with the terms of the Arbitration Award, shall be and remain in effect and shall continue to
be binding obligations of Eichelberger Construction, Inc.
16
011277.00001l1,13.99/JRDIMAMI', ,,,d03.1
IN WITNESS WHEREOF, the undersigned, William P. Eichelberger, President,Eichelberger
Construction, Inc., being duly authorized to do so, has caused this Joinder to be signed and delivered, In
duplicate, as of the date set forth beside his signature.
Date:
Eichelberger Construction, Inc.
By:
William P. Eichelberger, President
17
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'.... ....
~~
REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
233\ MARt.:ET SlRE[T
C^",,~11 HILL, PENNSYlVANIA 17011.4642
717.7f)).1l6J
THHAX 717.7)0.7)66
WEBSlTE: Re~GeI^dl('rI'C,(om
THWDORE A. ADl[R',
DAVID W. REAGlR
LINUS r. IENICU'
DlORA DlNISON CANTOR
niOMA$ 0, \\'U.lIAMS
SUSAN H. CONIAIR
JULIE A. McCONAHY
legal Auimnls:
JENNifER S, KUHNS
SUSANNE K. SATHlR
MONICA D. ZlRClilR
February 3, 1999
VIA FACSIMILE (717/761.3015)
and FIRST CLASS MAIL
-Also admil1l'd 10 D,C, Bar
'Also admined \0 Ohio Oar
Jerry R. Duffie, Esquire
Johnson, Duffie, Stewart ,o, Weidner
301 !\,tarket Street
Lemoyne, I'A 17043
RE: Arbitration Award: Kadilak & Manna, Claimants v. Eichelberger, Respondent
Dear Jerry:
I reviewed Ihe draft Arbitration AIVard and have a few l11inor changes to suggest.
On page 5, first line, after Ihe parenthetical phrase "to include the building," insert the
following sentence: For the purposes set forth herein, a qualified appraiser shall possess, at an
minimul11, a MAl designation.
With respect to paragraph 8, I request that the following be inserted in paragraph 8 as a
separate subparagraph: During the listing period, EClmay continue to occupy the Premises on a month
to month basis pending receipt of a bona fide proposal to lease the Premises. Upon acceptance by
Baseline of a proposal to lease the Premises, ECI shall vacate the Premises within 30 days. If ECI
occupies the Premises during the listing period, it shall pay rent as set forth in paragraph 2 hereof;
however, early termination consideration, in accordance with paragraph 4.D. hereof. shall not be due
for said period of occupancy.
Eichelberger has no other requested changes to ,~.~ Arbitration Award.
Thank you. I
I
VeTT V
The+or~ . Adler
T AAllar
cc:
Stl'phen E. nal1l'lty, Albitrator
Robert L. Kyb, Arbitrator
);1I11CS 1'. DeAngelo, Esquire
WilliamI'. Eichelberger
of (""'~'{lPd :1' .\ ei\.1 1';,11 ';''''1 i.,iiq h~' \!w t\:;"illll..t Htl,l.d /,,1'1:11 Arknr,H\'. ^ Pl'nn'."h':mi:a ~lJpll'ml' (oun AnfNfilf.d ^r,('ncy
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REAGER & ADLER, P.C,
AnORNEYS AT LAW
2331 MARr.l'T STREET
CAMP HILL, PA 17011-4642
(717) 763.1383
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RECEIPT FOR PAYM8NT
--------------------
--..----------------
Cumberland County Pennsylvania
Hanover and High Street
Carlisle, PA 17013
Receipt Date
Receipt Time
Receipt No.
06/01/1999
15:48:59
250917
EICHELBERGER WILLIAM P (VS) KADILAK MICHAEL P ET AL
Case Number 1999-02756 P
Received of REFUND FROM YORK CO
Total Check... +
Total Cash.... +
Cash Out...... -
Receipt total. =
47.24
.00
.00
47.24
Check No. 133644
________________________ Distribution Of Payment ----------------------------
Transaction Description Payment Amount
ADVANCE PAYMENT
47.24
REAGER AND ADLER
47.24
".
. ~. .......1
COUNTY OF YORK
(l of 2)
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
28 EAST MARKET ST" YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTIONS
PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
1. PLAINTIFF/51
2, COUAT NUMBER
99-2756 Civil
4. TYPE OF WRIT OR COMPLAINT
M/tH'AEl p, nAOILf-lK. (i/1(1 h'[,-UfO) .) flll'1!JJA. Notice to Plead
SERVE {5' NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO SE. R.VE OR DESCRIPTION OF . ~ Ell t'f'1\JIlf;-itVlEbYA'!r.~ .li.tt(jif.ii6i()--
~ --'''t I( HM!::/ f, Kf-\O/If-lK
..".... 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY. BORD, TWP.. STATE AND ZIP CODE ------...-.,-
AT Cf) !</tmArJ,} ((IrJ'ST1iOI'T7()(\.1 .:;>4 (iu) Va?/( fNI() .l2RL2!...1J.":(LI.!LLfI~L'./
7. INDICATE SERVICE: a PERSONAL ji(PERSON IN CHARGE Xl DEPUTIZE Clllfi~m~~d a 1ST CLASS MAIL pPQ!!.JCD..__l:!E-'!!r:..n.
NOW 'i/17/'l'l 19_I.SHERIFFOFXGI'lIll:~OUNTY. A, herebY~ep .herlllo'
York COUNTY to execut d U.ultu . 'lII::ordlng
to law. This deputsllon being made at the request and risk olthe plalnllll. ';r~~= ~J:'O:UII.\.Y.~:.:::.:_ ._::.~::'~,::::::
s, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEOITING SERVICE: "''''''b I d"
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HOTE ONLY APPUCABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or III!achinG My pb+rt;'~md~,~,~;,i';;;~v'i.~-;;;--
samo 'without a watchman, in custody 01 whomever is found in possession, al1er notifying person of levy or attachmenl, wlthoulllablllly on the ~il'tYJol but:h f~'Y Of lhllIihnrtt110 .nV
pla~nUff herein for any loss, destruction, or removal of any property beleta sheriff's salelhereof. -'=. , ::n
s, TYPE NAME IlNDADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE ~TtQ:NUMLiCll ] ";:('/l1'C--'--
Theodore A. Adler, Esq. , ~763-1303 'J1'I/99
'i2 ~i~6f1t1il~E~f8dP'f ,'O'1JmE~~ .hJo~~iL%lvhThla area mull be eomplo'edll nolleo '0'0 be moiled), ---------.----.---
Cumberland County Sheriff
SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINI;
SIGNATURE OF AUTtlORIZEO CLERK ~4. Dale Rtlc:nwfld HI_ [)l)lfotlor~
13. I acknowledge receipt 01 the writ
orcomplainlasind<sladabova, llB. Feeser 5/21(99 6(6/99
---.--_.... -~-_._--
16.1 hereby CERTIFY and RETURN that I 0 have personally SalVed, U have posted propeny, U havo leg:..! evidenco 01 S('IVI~C 85 "hown in
-Remarks., 0 havo executed as in "Remarks.. the writ or complainl described on lhe individual, company, cor.
poration, etc. at the address Inserted below by handing a TRUE and ATTESTED COPY !hercol.
17.}(t hereby certify end return a NOT FOUND because I am unable 10 locale tho individ~al, company, corpolallon, vlc, namod f1~~?~I~~(~~~'~!'_~.~~;~~_~-I;!~!;~;'i _. u ,.. ,_ ___ -.-:~::=
'8. NIlMEAND TlTI.E OF INDIVIDUAL SERVED/ UST ADORESS HERE IF NOT SHOWN ABOVE (RolaUonlhlp to oe,ondon'l] 19. C.I< 0' "",,,,,] ;'U l,n... 01 ""'v""o
21. AITEMPTS Oat, Time Miles, Int, DlIle I Time i Milt's lnt. Date Tlme i Mile. i Int. Dale I' rime: Mlle.: Inl, OalerTlme: Mli..-,' Inl. 0.1. ~ 11m. '~il~.1Iiji:'"
. ~l, ") .',," I I.'! ;, : i
S' " :1 1, I I I~D: 11) :,>"" I I ! I!,. _ i ._ ! , _ ,I '. I . '
. . Advonce Co,,, 23 Sarvoce Co,ts 24~nd 25. M,'eage 26. Po"age 27~POOndage 28 N.'a,y-FOO"T'9 ";:;;;:'''"';;;;'] :iu' ,,,,,;,'<;,,,, ,i, ;,,, n,,; "'~~..
(\'\;~SlOO.OO 9.00 . 10_00 29.76 (4U. 6) 4._~_.J._ _.52.'lh~;.l'l~/'1 It'
32.RfMARKS: Nc 'o~':~I,;;,,( I~' \\-~J'" Pl)Dr:["..;>.5 :\., "'5 ,(: 1..' 'H....J f~Dr'(.)' cr
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flD 'J..; :>I.:/.) jP( ':"' I'/Il". 'D~, l-, l'\LLH/\ f"J:'l(."" 1)'\_1 ('/1 (1 ( '1 )
WllLiAnI
3, DEFENDANT/51
PEl (' HfL8P{((jr:::R-
AIJVl\OCE FEE PD BY CUMBERLAND COUNTY SHERIFF
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MY' COMMISS10IHXPIRES ~-.. . ~)"_ _ ,-.-~t j
(2TACKN()WiiOGTH'ECE~Of:1HE SHERIFF-'S- RETliRNSIGNllURE
OF AUTHORIZED iSSUING AUTHORITY AND 11l"i. r
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11 of 2)
COUNTY OF YORK
OFFICE OF THE SHERIFF
. SERVICE CALL
(717) 771-9601
'.
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTIONS
PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
2, COURT NUMBER
1, PLAINTIFF/51
W Il.L! nn ] V E: I C IltT.6!::i('(i/:.. j.:::~
3, OEFENOANTISI 4, TYPE OF WRIT OR COMPLAINT
MIC.HAEL fI1HiJILt-lK (ji!(! hlLlIr~n .J.1\/fl/\.J,j"1 t:"""',l""dd,
SERVE { 5, NAME OF INOIVID~AL, CO~P~~Y ,COR PO.RA TION, ETC, TO SERVE OR DESCRIP TION OF ROPERWTO BE LEVlED, ATTACHED, OR SOLD,
. !':-I (IItH::/ (KilO/tHY(
6. ('ODRESS (STREET OR RF~ WITH BOX NUMBER, APT ,NO.. CITY, BORD, TWP,. STATE AND ZIP CODE
AT C{) 1(ll~i) (G"jST7cLICTlO/\J .~"';/.../ OW VLi2X. /::'(i/'!I) DIUSt'.i..K61"A 170/9
7. INDICATE SERVICE: a PERSONAL . .PERSON IN CHARGE >0 DEPUTIZE C U!C:CERT..MAlticJ a 1ST CLASS MAIL lJ POSTED COTHEn
NOW' " II "I I 'l'i ' , 19 ---,-,-I, SHERIFF OF.vtl"K COUNTY, PA, do hereby deputize the sheriff of
, <.> I: k COUNTY to execute this Writ and make return thereof according
to law. This deputation bBlng made at the request and risk of the plaintiff.
8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
9l}-:~';'~.~b C:LvlJ
SHERifF OF
)~~R~ COUNTY
Cumhcrldnd
ADVAh:CC FEE Pi) fW CUVJJl;:P,LAJJfJ (\l).;";T"l Sln~;d VF
NOTE ONLY APPUCABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN. Any deputy shbrjff levying upon or attaching any property uncier within writ may leave
same without a watchman, in custody 01 whomever Is found In possession, after notifying parson 01 levy or attachment, withoulliability on the part of such deputy or the sheriff to any
plalnlltf heroin lor any loss, deslruclion, or removal 01 any property before sheriffs sale thereof.
9, TYPE NAME AND ADDRESS 01 ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER '1, DATE
'I'" .",.:; "r- ~ ~ "..~ 1 -'l" ''''.~'''1
')~~"^-,~,,,\;:. J\~ :;~IC; r.',~~~.,_, '.' ',_ .,~ '-'1 'f,17.-763-.:::W3 lj/7/';1'9
12, 'SENJ NO'ne~OF"SERVIb'E--'C'OPY TO ~~~E .~~O ~ODRESS BELO~; (This afea must be completed I' notice ia to be mailed),
Cum!:)f~r' L::m:i C(X1Ety Sh2':-~ f f
13, I acknowlodge receipt of tho writ
or complaint as indicated above.
SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS UNE
SIGNATURE OF AUTHORIZED CLERK 14. Dale Received 15, ExplratioDtJoal'ing.oaur:
x.d~ F:::'c;ser :>:'~/ji::n 6/(;;/9~1
16.1 hereby CERnFV and RETt1Ar~ thai I 0 have personally served, U have posted property,lJ have legal evidence 01 service as shown In
-Remarks., U have executed as in "Remarks., the writ or complainl described on the individual, company, cor-
poralion, elc. at the address inserted below by handing a TRUE IlInd ATTESTED COPY theroof.
17,)( I hereby certify and return a NOT FOUND because I am unablo 10 locate the individual, company, cO'1>Oralioo, (ltc, named above. (See remarks below.)
18. NAME AND TInE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defenda~l) 19. Date of Service 20. Time 01 Service
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33.AFFIRMEO and sub:;;cl'lbed 10 bt:ilore me Ihis
'..---.-.., .__....,--~- SO~ANSWE1l:--.~...- ----,"_.,
34,dayol
19
36. Signature 01
Dep S~eflff
37, SIgnature or York
County SheriN ..
38 Signature 01 Foreign
County Sherif!
39.CU.;e
35
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'p,f(;.l)"IIlIIOlllf)''N[}lal)' PutllIt
4',Oale
MV COMMISSION EXPIRES
42.1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE
OF AUTHORIZED ISSUING ,6,UlHQRITY AND TiTLE
,. Wl11TE ' I,~ulng AuthOrlfy 2. Plt~K . Allorrwy 3 CANARY, SlltHltf's OftH;e
4. BlUr. Sh('lltl'~ Or-Ice
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.~RftC(lIV(~
.____~__,~J____________
(! ot 21
COUNTY OF YORK
OFFICE OF THE SHERIFF
. SlmVICE CAI.I.
(~17) 771.9601
28 EAST MARKET ST" YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTIONS
PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
1, PLAINTlFF/SI
\IV I LlII')! II 1/ E:. i ('lit L.t.+.,/; L i'--
3. DEFENDANT/SI .- 4~,-fY'ili:-(if'.Wltll-0A(';,OMhAlt~F-'----
HICHiH::.,L f". r/)j'J;J1Lf'lK. {;I'if h,Ll/I,ii _j i'/i",'r1 . ., ."'.
SERVE { 5, NAME O~ INDIVIDU~L, eO~PA,~.V, eORPORATlO., ~, ETe, TO. SERVE OR DEse Rip 1 'ONOJi\j-.'o..ri1,jyYdljl-itvrl.ll~^i'i^~ii'tttbR SOW,
.. H!, !Itl\::-C I, (..j-jl.,fU-:I'-.,
6. ADDRESS (STREET OR RFt? WITH BOX NUMBER, APT NO., CITY, nono-:--'1Wff:-srA1 LAN't}~lfl-t(jl'.il: -. . . ..-.-,,_.._.--_..-
AT "::"I('IiJ!'l-ir0:):"/_"I~I(n(,J..:t !.LL;"._L.!..:_L:'-,'...._L~_LL~!.(:i/1 I (Ii/'l
7,INDICATE SERVICE: CJ PERSONAL IlW>ERSDN IN CHARGE b DEPUTIZE : UtlOERT. MAIL" a 1ST CLASS MAli. CJ PosnD a OTHER
NOW " I I " I'I VJ - . 19 ---':"'1, SHERIFF OF YORK' COUNTY, PA_..---- ~iioputiio t~1I of
,,-, h COUNTYtoexecutethl~~ ~ho~~~g
to law. This deputstlon being made althe request and risk of the p~'ntlff, ----.---:-(~::Ji~i[flIu.:o.cjJtlll:lo~.~ '
8, SPECIAL INSTRUCTIONS OR OTHER INFo.RMATION THAT WILL ASSISTlN EXPEDITltlG SERVICE:
l, cOUln t~lJMlilH
/.
(.",\,1....,,' ','11',..\
1,DVArJ'..'E FEE PD BY (,Ul~~BJ::Fu.J.)JD ('uUN',{',{ ~J !LP i ~;'r'
NOTE ONLY APPUCABLE ON WRIT OF EXECUTION: N,9, WAIVER OF WATCHMAN. Any deputy 'hUlIlIloVYlrljJ upon or ,,"achlng itll)' proporty undor wilhln wnl maV leavo
same without a watchmsn, in custody of whomever is found in possession, attor nOllfying person ollovV or ullaclUTlflflt, wllhoul lillbllity on 111(, pllrt Ol6uch doputy or ihe sherm 10 any
plaintiff herein for any loss. deslruclion, or removal 01 any property before sherill's salo IhNool,
9, TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE ~---. -~."_.._-.'~"-.- -]-.i{l~l'[l-[jl.IiONE NUMOEn 11, DATE:
'l'l1;....,.~)jor:: I..... lU t ~r., J',::~~:. .
, i;~ I',~" t';, ,;..,.,':'0 ("~""-'JL...LL~.E..:\ ,1\ _____"..__.___,-.:~, ,""If')' '\bj ::/7/9~
12, SEND NOTICE OF SERVICE COPY TO NA E AND ADDRESS BELOW: (Thll ar... mU'1 be compleled If nolle. I, to be m.lI.d~,
CL1JrlO'1t?r Ian:':: County Sfl.::r j l~ f
\'
SPACE BELOW FOR USE OF THE SHERIFF ONLY-=-OO NOi'-WRITE-ElELOWTHIS LINE
13.1 acknowlodge receipl of the writ SIGNA.TURE OF AUTHORIZED CLERK =C4' !)~.t'O HOCflIV.Od 15. F.kpl~8tiO~~~
orcomplalnlasindicaledabove. y!~. F':';:"~~':'_"'l- I). ,; .1'] b!t;,;~flJ
----- ----
16.1 hereov CERTIFY Bnd RETURN thai I CJ !lave porsonally served, U have postod propert~',;J hrtvo log..1 cVldonco 01 !OOYVICClIloIO ,"~lovm Ul
-Remarks-, a ha~'O executed as in "Remarks., the writ or complaint descnbod on thll indlVldlJal, com(lllny. COl'
poration. etc. at the address ir:serted below by handing II TRUE and ATTfSTEO COpy thereof
17. ell hereby certify and return a NOT FOUND because I am unable to locate the indiVidual C{lmp,]';~-c.orl;(-;-;;~~~r:-t~I~.~'la~'I~:i -~I;~;~ (5('0 ronlllf1<.li below I "
18 NAME AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWNADOV(IR.IOIIO';;';iP i.o..;;;..-riij-- ] ,;;0;.. 01 Son""" 20 Time 01 Sorv\ce
21 ATTEMPTS Date Time Milot lnt. 08te TlmolMlIOSl1lnt, Dale ITlme-"-Mlie-a~-I;;t,] D.-i.;" Time Mil..' Int 1-0111. ~llm.lijji;": Int. Oat, nm. Mil.. Int
I I, I 'I
22,Advance Cost, 23, Service Cos" 24, Nol Found 25 M,"agc 2" ,f.-;;",,;!] ~7il(IWlrlil\l~' I-il~ '>I';l~ry r I"~;] ;)~ Sl1;CI~I~g;]~o-lo'al_co" l31;,C,OSI D~e. or
.\ ':;"G,J' (J\"":-il)' ," \',.,.' . ' '.t. It) .,,~7",....,
_-.1 .J' J.\..
32,REMARKS, ------". ..... -,,- -- ..-.-.,,---. -.-- I '
33,AFFIAIJIED and 6ub6crtbod 10 bclOle nl4! thrs ____.__..._
so AN~WLR.
34.day 01__
I~ 1 ';'
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35,
MY COMMISSION EXPU:j;EL-.____._.,_ ,,_,_ _ _... .
42.' ACKNOWLEDGE RECEIPT or TI~[ SH[mfr's "ETURN S.IGNA-fURl
OF Aun~ORlz[D ISSUII>lG AU1HORITv A.Nn Tnl r
''''''':1"'''''''1",11.,.",",''
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1. WHilE. t&o/Oulng Autho,,'V "' P:NK AlI"'''l.V .i r.AI~""i1 ',I""I~! ~ (,r.. I
. t'!i'l .'.,;.!l ";'1,.,
(2 of 2)
COUNTY OF YORK
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
28 EAST MARKET ST" YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTIONS
PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
2, COURT NUMBER
P El CI-l-EI jj:Ff.i--ek'
_ e r'rlOIU'f!( 11M \fI/'UATril...){'-1(1,(\J\Jrl
5, NAME OF INDIVIDUAL, COMPANY. CORPORATION, Ele. TO SERVE OR DESCRIPTION OF
WILLlf/l77 ,.) '~lfiIU/UA-
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO.. CITY. BORO, TWP., STATE AND ZIP CODE
(Iii MItIl1/-11l)1) (U U5T!cL{'T/O/l) 5/.1 OJ)) W:K.K. lZi)rtO DllLY'x'ktT eA /7[,/1
7,INDICATE SERVICE: a PERSONAL ;0 PERSON IN CHARGE Q)OEPUTlZE Cum1!lI!Rlf.1MlIld a 1ST CLASS MAIL a POSTED
NOW <; 117/gg 19_1, SHERIFFOFlf'~~COUNTY, PA,do ebydeputlzet
York COUNTY to execute thl" . ake ret"n I
to law. This deputation being made at the request snd risk 01 the plaintiff.
8. SPECIAL INSTHUCTlONS OR OTHER INFORMATION THAT WILLA5SIST IN EXPEDITING SERVICE:
,. PLAINTIFF/51
W I LU ftlll
3, DEFENDANT/51
^'1 !
SERVE
.
AT
"{
99-2756 Civil
4, TYPE OF WRIT OR COMPLAINT
Notice to Plead
:ire & L~*",D~~MIf. OR SOLO,
...
-<o:J
oMm
::000
r"'rJ~
." ~ (I) <:
3-> :x: !!!
I-> M~'
r'\) ::0:
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NOTE ONLY APPUCABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN. Any deputy sherjff tC'oYing upon or attaching any property under within writ may leave
same without a watchman, in custody 01 whomever Is found in possession. atter notifying person 01 levy or attachment, withoulliability on Ihe part of such deputy or the sheriff to any
plalntilf herein for any loss, deslrui:llon, or removal 01 any property belore sheriff's sale thereof.
9. TYPE NAME ANI) ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE
. -
Cumberlal!:l
N
....
",
10. TELEPHONE NUMBER
11. DATE
Theodore A. Adler, Esq. 717-763-1383
12. SEND NonCE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (Thllsrea mUlt be completed It notice la to be mailed),
Cumberland County Sheriff
SPACE BELOW FOR USE OF THE SHERIFF ONLY. DO NOT WRITE BELOW THIS LINE
13.1 acknowledge receipt oltha writ SIGNATURE OF AUTHORIZED CLERK [14:Da.tB Received 15. Expjr8.tio~
orcompl.lnlasin~;catedabov., B. Feeser ! 5/21/99 6/6/99
'6.1 hereby CERTIFY and RETURN that I a have personally served, a have posted property, U have !~gl!j E'vidence 01 service as shown In
-Remarks", a havo executed as in "Remarks., tho writ or complaint described on the individual. company, cor-
poration, ole, at lho address inserted below by handing a TRUE and ATTESTED COPY thereof.
17 )(lllereby certify and l'olurn Ii NOT FOUND bccaW;i8 I am unable to locale the ir,dividt;al, company. corporation, ote, named abOve. (See remarks below,)
18, NAME AND TITLE OF INDIVIDUAL SERVED I UST ADDRESS HERE IF NOT SHOWN ABOVE (ReiaUon.hlp to Detendnt) 19. Dale 01 Service 20. Time 01 Service
517 /99
32. REMARKS:
NC \O,-.>.:oc( /1'1 Tt1J:, AT)N~[:::'.:i
"-J,LW j,-: t>.I i\r.J"";~.l (\,') I...J ::~{; (".., iHt. ':"
II,....;::" BC,.J.... i~l i,~l') AOiJ';\~'>>) .5 "'_:/J-'~'5
1):7l\";:;":"\ Po t-;L"'-' ADDIU:'S5
'-1"11,)' bc..T1y5 [:;1,)";:6 f?i)
i'\ec':'l1t1V!(Si)\)r-c., f~, /705S-
?
33.AFFIRMEDan su 1001 ' ,", t''t......_,... __~______.__...__._
n: ,f .;:;~/'\'- 36 Slgnalwc o!
J.' ISSA J SHAr FER, ',1t"!!ll~rg.!Ii~ Df'p Stlt'lll1
, .' -:&;ri~-:~~:'l~;ji,rl' -~---, 37-~gn:l~r-I:-Z;I~;:;~~------' - 4(J Dahl
35 __ }'//!:l"YJZ:Ydr:::'>-' % ,,; , _______C~"_"'y_Sl>U"'__WJ J"J_..l Al1 J1._JJQSr: L SU~~I Fr'. __ ___ 5/2f!l99
I . .......a;~llu....t'N(l~~V:'IKn~.:.. JB Slyn~t..llt) O'~t'.1'!il') ~~, .,......;"" I. / ,I '"!,It~, (....r~ t 410ble
MY COMMISSION E'XPIR~ ...... !'\..,~ ,',-) Gountv StIH'!!.+-'!'''' , "" 14
42.1 ACKNOWLE-DG-[~ri('CEtPT or ~sHiRliF:S'R-ETURN SIGNATliRE- -~_.._.------ ------.,-..-..,..--- --- -- -- 4'; ~t! RN'OIvlld
~AUTliORII[P-.!~~~~_~U!!!.onIT,(AND"'TII _.______.______. _ ____ __~ __ _ _____ _ _____
--------~"~----..--'-SO'^NSWtR~
390all!r
34,dayof
1 WHITE. I!.sumg A,'thoflly 2 PIN". AI1UllWy 3 CANAf~'(. 5111'I,I1!. Ol1ILt' ol BLU[ . :::""1'11" ~_ OItICl'
12 of ~i
COUNTY OF YORK
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771.9601
28 EAST MARKET ST,. YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTIONS
PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
2. COURT NUMBER
" PLAINTIFF/51
V'" Il_ Llllin
3, DEFENDANT/51
f) eICltEU..ifCrEK..
(,It) - .:. )' \1 (, l; i 1,' i)
4, TYPE OF WRIT OR COMPLAINT
_ t), riIOIU)i( nf,i \V'fUI1i1".JJir1,\)\Jt! [''''~'(, '~, I'L:~i1d ,,'
5. NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO ~ERVE OR DESCRIPTION OF PAOPEATYTO BE LEVIED. AnAcHEo. OR SOLO,
LulU 111m J f!rill,U/1
6. ADDAESS (STREET OR RFD WITH BOX NUMBEA, APT NO.. CITY, BORO, TWP" STATE AND ZIP CODe
(/, 1"1/1/'1 W)U (0 iJ3/10):.'-/('/l) ~'iill,:f/) \ Dt2K i!.tf'tO DrtC:t-Llf{T 1;1 1701C'j
7,INDICATE SERVICE: a PERSONAL )tJ PERSON IN CHARGE ciOEPUTlZE i: ~nalceRT, MAJLllJ lJ 1ST CLASS MAIL a POSTED a OTHER
NOW ~ 'J I I. 'i / '.I 'J 19 ___I, SHERIFF OF VORl( COUNTY, PA, do hereby deputize the sheriff 01
. ' () r K ' COUNTY to execute this Writ and make return thereol according
to law. This deputation being made at the request and risk 01 the ptalntlff.
8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
-"
SERVE
.
AT
SHERiff' or
Yd~UNTY
CWPtJPl' ~ nnr!
NOTE ONLY APPUCABLE ON WRIT OF EXECUTION: N.B, WAIVER OF WATCliMAN - Any deputy sheriff levying upon or allaching any property under within writ may leave
sarno without a watchman, in custody 01 whome....er is fOL,:nd in possession, after notifying person 01 levy or 3ttachmen!, without liabilily on the part 01 such deputy or tho sheriff to any
plaintiff herein for any loss, destruction, or removal of any property belorl3 sheriff's sale theree!.
Q, TYPE NAME AND ADDRESS 01 ATTORNEY/ORIGINATOR nnd SIGNATURE 10, TELEPHONE NUMBER 11, DATE
Th20Jc.n: lh i\J 1 ~r t L:~),~ ~
7.1.7-1fd... ~3in
r' /-' 'C1q
.)/ 11,,_.
12, SEND NOnCE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (Thll arn must be completed II notice I, to be mall~d),
Ctll;l.)2r lard CcunLy SI1(;:[ i_fr
"
SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
SIGNATURE OF AUTHORIZED CLEIlK 14. Dale Received 15. Expjratio~nMa
13,1 acknowledg9 receipt of 1M writ
01 compiainl itS indiC&l~ 6ooV8'.
~'" n:'l::~,er'
:;. ,C" ~!:J
ri/r:/9-9
16,1 hereby CERTIFY and RETURN that I 0 have porsonally served.lJ have posted property, U have legal cvidClnce 01 service as shown In
-Remarks-, CJ have executed as in .Remarks-, the writ or complaint described on the individual, company, COt-
poration, etc, atlhe address inserted bolow by handing a TRUE and ATTESTED COPY thereol. _
17){ I horeby certify and retum a NOT FOUND because I am unable to locate the individual, company, corporation, ate, named ebove.
18. NAME AND nTLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship 10 De1endant)
32, REMARKS:
-.------------------...--S.OAH6Wfflt,
.....,,..
33.AFFIRM(O and l:<ubf>cnboo 10 bdC'lfc me this ________ ____.__.,___________.____-=---, ~
36 $Ignalwc 01 .. " " 39,Oata
34dDyOI___. 19 Ol'P Stwtltl ....-, ,. ~-"~: <,-
;' ----.--.- 37.~;;g~I-~;~x\.;~-;-k-_.-.-.----_...;'--~-140 Date
35 ~. I __ "" _ _C(~jf'\I..StlC'~tt__ _._______~__:___ -:':.1-:...-
~&.II~')"t~O\;i1)' PubliC .' 38 S<gnaIWf' 01 rOIC'dn .. 41 Dale
~()~.!~~5J9!iJ~~!!!f3____~~~~,~_._.~__ S~,~_f~yS~(~~~ _ ____ _~~ ..-_
:p~cA~~~~~~;fr~~~~~~!~~~~~_;AI!~~~~_~~_rf~TURN SIGN~~~~_~_.,__._ _ ....____,__,__.~-.-~-.-.[~~~;.:~~~::--..-~---
1.Wtillt: . llihulng AultlOfrly ;> "INt<;. "'1l011l{'Y ;, LANAtiY' ::';',('11"1; unit€' 4 6lL'l: - ':;''''111; to 0iill:~
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