Loading...
HomeMy WebLinkAbout99-03082 F, 1 71' r> w?{ r k 77 y r i? ? A V ?4 JANRO COTTAGE, INC., t/d/b/a The . lee Cream Cottage & Gift Gallery, : Plaintiff V. GUDLAUG B. OLAFSSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 9612- 3a$a Cl?yc? CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court . without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4" Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 .1- " . I. i, JANRO COTTAGE, INC., t/d/b/a The . Ice Cream Cottage & Gift Gallery, : Plaintiff V. GUDLAUG B. OLAFSSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION NOTICIA Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion: Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomra medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la pelicion de demanda. Usted puede perder dinero o sus propriedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4" Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 c;:mau?curNrs,?n3,r?mri.o JANRO COTTAGE, INC., t/d/b/a The . lee Cream Cottage & Gift Gallery, : Plaintiff V. GUDLAUG B. OLAFSSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION NOTICIA Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomra medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propriedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4" Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 QML11 CUIM7N?761N011'IA • . o d. . • / Y ? JANRO COTTAGE, INC., t/d/b/a The . Ice Cream Cottage & Gift Gallery, : Plaintiff V. GUDLAUG B. OLAFSSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 9 9 96 8.2 (? ,. Y 7-41,. CIVIL ACTION COMPLAINT Plaintiff, Janro Cottage, Inc., t/d/b/a The Ice Cream Cottage & Gift Gallery, by its undersigned counsel, Michael V. Brown, Esquire of Balaban and Balaban, files this Complaint against Defendant Gudlaug B. Olafsson and avers as follows: 1. Plaintiff, Janro Cottage, Inc., t/d/b/a The Ice Cream Cottage & Gift Gallery ("Plaintiff' or "Janro"), is a Pennsylvania Domiciled Corporation with its principal place of business located at 2331 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania; wherein Plaintiff operates a retail service shop selling ice cream products, packaged foods, gifts, etc. to the public. 2. Defendant, Gudlaug B. Olafsson ("Defendant") is an adult individual who is the owner in fee of 2331 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania, as is more specifically described in the Deed to the property, a copy of which is incorporated herein as if set forth in its entirety and attached hereto as Exhibit "A", and which is on file with the Recorder of Deeds of Cumberland County, Pennsylvania. • ., 4 el COUNT ONE - EJECTMENT 3. Paragraphs 1 through 2 of the Complaint are incorporated herein as if set forth in their entirety. 4. By Commercial Lease, No. 520, dated September 30, 1996 (the "Commercial Lease"), Defendant in the capacity of Lessor did covenant and convey unto Janro, in the capacity of Lessee, a Leasehold Estate in certain real estate known as "2331 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania" (the "Property"), which Leasehold Estate consists of the Property's first floor front suite containing approximately 1,500 sq. ft. and basement (the "Leasehold Premises"). A true and correct copy of the Commercial Lease is incorporated herein as if set forth in its entirety and is attached hereto as Exhibit "B". 5. By virtue of paragraph 28 of the Commercial Lease, Defendant granted unto Janro a valid and binding Option to Lease the Property's "rear shop" for a three (3) year tern, commencing March 1, 1999, in exchange for additional consideration paid to Defendant by Janro in the amount of Three Hundred and 00/100 ($300.00) Dollars per month (the "Option"). 6. By letter, dated September 18, 1998, Janro did exercise its Option, pursuant to the terms of paragraph 28 of the Commercial Lease. A copy of Janro's September 18, 1998 notice to Defendant is incorporated herein as if set forth in its entirety and is attached hereto as Exhibit "C". 7. The extension of the Leasehold Premises to include the "rear shop" is necessary for the continued operations, growth, success and profit of Janro's business. 2 ' A. , 4 ,. 8. Subsequent to September 18, 1998, Defendant did enter into negotiations with Janro concerning possible amendments to certain provisions of the Commercial Lease (Exhibit "B"), 9. On January 30,1999, Janro and Defendant did execute a valid and binding Addendum to Commercial Lease (the "Addendum") effecting certain changes to the original terms of the Commercial Lease (the "Commercial Lease, as amended"). A true and correct copy of the Addendum is incorporated herein as if set forth in its entirety and is attached hereto as Exhibit "D". 10. Paragraph 2 of the Addendum commemorated and acknowledged Janro's exercise of its Option to renew the entire Commercial Lease for an additional three (3) year term, commencing March 1, 1999. (Exhibit "D"). H. Paragraph 3 of the Addendum extended Janro's occupancy date of the "rear shop" from March 1, 1999 to May 1, 1999. (Exhibit "D"). 12. Paragraph 4 of the Addendum granted Janro two (2) additional options to renew the Commercial Lease, as amended, for periods commencing March 1, 2002 and March 1, 2004. (Exhibit "D"). 13. By letter dated March 23, 1999, Janro, through its realtor, James D. Ross, notified Defendant of its continued intention to take possession of and occupy the "rear shop" on May 1, 1999. A true and correct copy of Mr. Ross' March 23, 1999 correspondence is incorporated herein as if set forth in its entirety and is attached hereto as Exhibit T". 3 14. On April 30, 1999, via hand delivery to Defendant's counsel, Janro did tender, via Check No. 3460, its monthly rental payment for the month of May 1999 to Defendant. A true and correct copy Janro's undersigned counsel's correspondence, dated April 30, 1999, together with Check No. 3460 (drawn in the amount of $1,300.00) is incorporated herein and attached hereto as Exhibit "F" 15. Consistent with the terms of the Commercial Lease, as amended, Janro's rental payment was in the amount of One Thousand Three Hundred and 00/100 ($1,300.00) Dollars, representing full payment for the entire Leasehold Premises, including the "rear shop". (See, Exhibits "B", "D" & "P") 16. Beginning May 1, 1999 and continuing through to the date of this Complaint, Defendant denied and continues to deny Janro its lawful right to possession and occupancy of the demised "rear shop" in clear violation of the provisions of the Commercial Lease, as amended. 17. By letter, dated May 11, 1999, Janro, through its undersigned counsel, provided Defendant with written notice of its unlawful breach of the provisions of the Commercial Lease, as amended, and with an opportunity to cure said breach. A true and correct copy of Janro's May 11, 1999 correspondence is incorporated herein as if set forth in its entirety and is attached hereto as Exhibit "G". 18. On May 17, 1999, sixteen (16) days after the accrual of Janro's right to lawful occupancy of the "rear shop",Janro received correspondence from Defendant's son, dated May 13, 1999, wherein Defendant's son, without legal or apparent authority to act on behalf of Defendant, did return what he intentionally mis-characterized as an "overpayment" in the amount of Three 4 0t Hundred and 00/100 ($300.00) Dollars of the rental payment paid by Janro for the month of May 1999 in the amount of One Thousand Three Hundred and 00/100 ($1,300.00) Dollars, knowing that such amount ($300.00) is equal to the additional monthly rental amount for the "rear, shop" of the Leasehold Premises as required by paragraph 28 of the Commercial Lease, as amended, and was tendered by Janro for such purpose. Copies of the May 13, 1999 correspondence and the accompanying check, No. 120, are incorporated herein as if set forth in their entirety and attached hereto as Exhibit "H". 19. Immediately upon receipt, on May 17,1999, Janro, through its undersigned counsel, did return check No. 120 (Exhibit "H") to Defendant's counsel. 20. As of the date of this Complaint, Defendant has failed to cure its breach of the provisions of the Commercial Lease, as amended. 21. As of the date of this Complaint, Janro has and continues to comply with all provisions of the Commercial Lease, as amended. 22. Underthe express terms ofthe Commercial Lease, as amended, (Exhibits "B" & "D"), Janro is currently entitled to immediate possession of the entire Leasehold Premises, including the "rear shop". 23. Despite repeated demands by Janro for possession of the "rear shop", Defendant has failed and refused, and still fails and refuses, to give Janro possession of the entire Leasehold Premises. 5 n t WHEREFORE, Plaintiff Janro Cottage, Inc., t/d/b/a The Ice Cream Cottage & Gift Gallery, respectfully requests this court to render judgment in its favor and against Defendant Gudlaug B. Olafsson for specific performance of the provisions of the Commercial Lease, as amended, granting and/or restoring Plaintiff to possession of the "rear shop" of the Property and ejecting Defendant from possession of the "rear shop", together with costs of suit, attorneys fees, and such other relief as the Court may deem appropriate. COUNT TWO - MISREPRESENTATION/FRAUD 24. Paragraphs I through 23 of the Complaint are incorporated herein as if set forth in their entirety. 25. Paragraph 7 of the Commercial Lease, as amended, provides that Janro, as Lessee, is responsible for the payment of bills incurred for heating of the Leasehold Premises. (See, Exhibit 11B,1). 26. From March 1997, the beginning of the initial term of the Commercial Lease through to April 1999, and in accordance with Paragraph 7 of the Commercial lease, Janro paid all bills in connection with natural gas service for the Leasehold Premises. Copies of the utility bills for natural gas service are incorporated herein as if set forth in their entirety and attached hereto as Exhibit "I". 27. From the onset of the Commercial Lease through April 25, 1999, Defendant, her family members, her realtor, Greg Rothman, and her attorneys have represented to Plaintiff both 6 orally and in writing that the use of natural gas is restricted solely to the first floor of the Property and emphatically disclaimed any use of natural gas on the second floor of the Property where Defendant and her family reside. 28. On Wednesday, March 24,1999, Janro was informed by Defendant's contractor, H.L. Bowman, of the presence of an active gas furnace on the second floor (occupied solely by Defendant and her family) and that natural gas was in current use by the second floor for purposes of heating. 1 29. Subsequently, on that same day, Wednesday, March 24, 1999, it was represented orally to Janro by Asa, Defendant's daughter, also an occupant of the second floor, when confronted by Plaintiff s representative that natural gas had never been used by the second floor and that all heat was electric and/or provided by a heat pump. 30. The following day, Thursday, March 25, 1999, Janro received a written communication, dated March 24, 1999, from Brynja, another of Defendant's daughters and also an occupant of the second floor, confirming the oral representations of Asa set forth in paragraph 29, above. A true and correct copy of the March 24, 1999 communication from Brynja is incorporated herein as if set forth in its entirety and attached hereto as Exhibit "J". 31. On Wednesday, April 24, 1999, after Defendant, her family members, her realtor, Greg Rothman, and her attorneys persisted to represent and to maintain to Plaintiff both orally and in writing that the use of natural gas is restricted solely to the first floor of the Property and emphatically disclaimed any use of natural gas on the second floorof the Property where Defendant and her family reside, it was substantiated by a representative of Defendant's contractor, H.L. Bowman, as well as, Janro's privately retained IIVAC, expert, C.W. Fritz, that the primary and sole 7 i source of heat for the second floor has and continues to be natural gas; that the natural gas furnace used on the second floor was installed therein within the time-period of Defendant's ownership of the entire Property and upon information and belief with the Defendant's full knowledge and consent. 32. Plaintiff has made all gas utility payments which totaled One Thousand Two Hundred and Four and 10/100 ($1,204.10) Dollars in reliance upon: (i) The intentional and false representations made by Defendant, Defendant's family members and Defendant's realtor, Greg Rothman, which representations Defendant knew to be false and which were made for the express purpose of inducing Janro to unwittingly provide Defendant with natural gas service heat on the second floor of the Premises which was solely occupied by Defendant and her family; (ii) The intentional and false representations that no natural gas was used or required for heating purposes by the second floor at any time by Defendant, Defendant's Realtor and family members occupying the second floor of Defendant's Property at 2331 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania (the "second floor"), which representations Defendant knew to be false and which were made for the sole purpose of inducing Janro to unwittingly provide Defendant with natural gas service and heat on the second floor at no cost to Defendant; and 8 (iii) The intentional and false representations that the Leasehold Premises was the only portion of the Defendant's property which utilized natural gas service for heat. A ? 33. In the manner set forth above, the Defendant, her family members and Defendant's Realtor, Greg Rothman, knowingly engaged in a continuing fraudulent scheme the purpose and effect of which was to deceive Janro. The fraudulent scheme was designed to create and maintain the false impression that the first floor of the Leasehold Premises was and is the sole user of gas service and that the second floor of the Property solely occupied by Defendant and her family did not use gas due to the fact that its heat sources were electric baseboard and electric heat pump. 34. Janro reasonably and justifiably relied upon the representations set for herein above and upon Defendant's continuing representations regarding the usage of gas on the Property and the Leasehold Premises, resulting in Janro continuing to pay on a monthly basis all gas bills in an orderly and timely fashion. 35. Defendant's actions in furtherance of its fraudulent scheme as set forth herein above were performed intentionally and/or recklessly for the purpose and with the intent to deceive Janro. 36. As a direct and proximate result of Defendant's actions Janro has been damaged in the amount of One Thousand Two Hundred and Fifty-Four and 10/100 ($1,254.10) Dollars. Defendant is liable for actual damages as set forth below and for punitive damages. 37. One Thousand Two Hundred and Fourand 10/100 ($1,204.10) Dollars ofthe amount stated in paragraph 36, above, represents the natural gas bills for the Property, from March 1997 9 through to the.present, which Janro paid in reliance upon the understanding that said bills were solely for natural gas service utilized by the Leasehold Premises. (See, Exhibit "I"). 38. Fifty and 00/100 ($50.00) Dollars of the amount stated in paragraph 36, above, represents the amount expended by Janro to retain a private HVAC expert, C.W. Fritz, to confirm Defendant's fraudulent and illegal theft of Plaintiffs natural gas service, from March 1997 through to the present. 39. Due to the intentional, fraudulent and deceitful misrepresentations of Defendant, Janro has been wrongfully and maliciously induced to pay for natural gas service for the second floor of the Property, which natural gas service enures to the sole benefit of Defendant. 40. Since no accurate measurement can be made of the actual natural gas used and consumed by the second floor, it is only fair and just that Defendant be compelled to reimburse Janro for at least one-half (%) of the total amount paid by Janro for the natural gas bills, or Six Hundred and Two and 051100 ($602.05) Dollars. 41. Janro has demanded reimbursement of the amount stated in paragraph 40, above, which demand has been refused and continues to be refused by Defendant. WHEREFORE, Plaintiff Janro Cottage, Inc., t/d/b/a The Ice Cream Cottage & Gift Gallery, respectfully requests this court to render judgment in its favor and against Defendant Gudlaug B. Olafsson for Six Hundred and Fifty-Two and 051100 ($652.05) Dollars, together with interest thereon, costs of suit, attorneys fees, punitive damages and such other relief as the Court may deem appropriate. 10 COUNT THREE - UNJUST ENRICHMENT 42. Paragraphs 1 through 41 of the Complaint are incorporated herein as if set forth in their entirety. 43. Since the inception of the Commercial Lease, as amended, Defendant, through fraudulent conduct, has enjoyed the benefit of natural gas service at Janro's expense and detriment. 44. The failure of Defendant to fairly compensate Janro for the natural gas service to the non-Leasehold Premises constitutes unjust enrichment. WHEREFORE, Plaintiff Janro Cottage, Inc., t/d/b/a The Ice Cream Cottage & Gift Gallery, respectfully requests this court to render judgment in its favor and against Defendant Gudlaug B. Olafsson for Six Hundred and Fifty-Two and 05/100 ($652.05) Dollars, together with interest thereon, costs of suit and such other relief as the Court may deem appropriate. Date: May 21, 1999 Respectfully submitted, By: Michael V. Brown, Esquire LD. #79984 Balaban and Balaban 27 North Front Street P.O. Box 1284 Harrisburg, PA 17108-1284 (717) 234-3282 Attorney for Plaintiff G:111&11\CI.I17NT'S1763\OI.AI'SN CO%t ? w..un unn ?n.,._.?.... ?w• mvnw ® ? ? ExhiNt A dlbW:Wud h.,AM A qq? r e ?01r(.'\ t' 0% - 580 THIS DEED, Made the vfiVI day of 1995, BETWEEN GEORGE C. HOLMES and ALICE L. HOLMES, his wife, Parties of the First Part, hereinafter designated as the Grantors, AND GUDLAUG B. OLAFSSON, Party of the Second Part, hereinafter designated as the Grantee. WITNESSETH, that die Grantors for and in consideration of One Hundred Sixty Thousand Dollars ($160,000.00), lawful money of the United States of America, to the Grantors in hand well and truly paid by the Grantee, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantee forever. ALL THAT CERTAIN lot of land situate in the Borough of Camp Hill, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point formed by the intersection of the southern line of Chestnut Street with the eastern line of Twenty-Fourth Street; thence in an easterly direction along the southern line of Chestnut Street 46 feet to a point; thence in a southerly direction along a line at right angles with Chestnut Street 140 feet to a 15 feet wide alley; thence In a westerly direction along the northern line of said alley 51.25 feet to Twenty-Fourth Street; thence in 'a northerly direction along the eastern line of Twenty-Fourth Street 140.10 feet to the point or place of BEGINNING. BEING Lots Nos. 59 and 60 and the western 6 feet of Lot No. 61 on the Plan of Lots in the Borough of Camp Hill laid out by Robert L. Myers, said Plan being recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book N, Volume 6, Page 600. HAVING THEREON erected a two-story frame store and apartment building known as and numbered 2331 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania. BEING THE SAME PREMISES which Arthur Kouvelis and Colleen Kouvelis, his wife, by their deed dated July 24, 1972, and recorded July 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book S, Volume 24, Page 810, granted and conveyed unto George C. Holmes and Alice L. Holmes, Grantors herein. Foli U9 wr 273 di!\J:W"dV..hm.d,d TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or iq anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest,; usej,,possession, property, claim and demand whatsoever of the Grantors both in law and in equity, of, In and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together; with- the hereditaments and appurtenances unto the Grantee and to the Grantee's proper use and benefit forever. AND the Grantors, covenant that, except as may be herein set forth, they do and will forever specigllywarrant,and defend the lands and premises, hereditaments and appurtenances hereby conveyed; against the Grantors and all other persons lawfully claiming the same or to claim the same,or any,part thereof, by, from or under it, them or any of them. In all references' herein to any parties; persons, entities or corporations, the use of any particular gender or plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever, in.this instrument any party shall be designated or referred to by name or general reference, such designation Is intended to and shall have the same effect as if the words "heirs, executors administrators, personal or legal representatives, successors and assigns" had been inserted after each and evert such designation. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. . Signed, Sealed and Delivered in the presence of or Attested by Witness as to both Lo, 0 LORGE . HOLMES ALICE L. HOLMES A& M PAGE 274 in a r, c. ~ c m (:. CZ) J I4 W:\NeJViolnv..JrJ '11113 UNDERSIGNED CERTIPIIS THAT TIIE RESIDENCE AND COMPLETE POST OFFICE ADDRESS OF THE GRANTEE IS: A,731 &g1-;0 $ 1;7dll Street City State Ip Code - - REGISTERED BY THE ore BOROUGH OF CAMP HILL COMMONWEALTH OF PENNSYLVANIA ) Sacratary /i / : SS. COUNTY OF (_tc/T) ka/a92t9? ) BE IT REMEMBERED, that on r / I(.(lw-h and 1995, before roe the subscriber personally appeared GEORGE C. HOLMES and ALICE L. HOLMES, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. WITNESS my hand and seal the day and year'aforedescribed. r. T{. Notary Public CONMIONWCALTII OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) =101A Camp HIII My CmmRec7o7ided in the Of ace of the Recorder of Deeds, etc., in and for said County, in Record Book _./ - ' Page ll__ Witness my Hand and Official Seal this - day of m (?(((`fl 1995. X515 - Recorder O K 119 PACE 275 949 39YJ 6TH ID09 ? ? 8 ? qqO3O ? S $$sjj'88 ? Q 4 ?1 )? i t??W I N3'p?N O In ? ~ Lyry ,r1 fi) M u P' a"• Exhibit 8 f . is . A e Is This Agreement of Lunen mado chin Between Gud jaug B. Olafeson part. JANRO COTTAGE, Inc. Commercial Lease ,707// day of 8uptumber A.D. 199G A Ponnylvani.a Corporation NO. 520 (LESSOR) of the ono part, and (LESSEE) of thn other Wi tnes s e t h that the said petty, In conuidoration of the runts and covonantu hereinafter monclonnd, do domino And 'memo unto the said second party, to be used na an In Cream Shop, N011tAUrAnt, end Gift Shop the promises eltuAts In the Dorough of CAMP P. nn eylvnnla described an follows, to wit, Hill County of Cumberland and State of First floor front euSCO cnntnln lag 711 1 Chestnut on Street °Pprexlmately 1,500 Sq, Ft, Plus b...Pont Camp Hill, PA 17011 TO Have and To Hold unto the -old second party, nuhjact to Chu cndl[Sono at Lola Aqrnamont, for the corm beginning an the let day of February 1997 and ending on the 70th day of February 19gg In Consideration Of Which rho „aid second the van of said prominoo, the mum of Twenty Two Thousand Twoe Hundreds Doll `sir will pay to the oOth first party for hereinafter mentioned payable as follows, viz, In monthly lnatallmonts Of Nino ndr.tl Dollard soncho TWO through Thirteen, and Nino Hundred Fifty Dollars months Fourteen through Hundred Twenty-Plum (S 900700 00 1 and other consideration of Bach calendar month during the term, communeing March 1, 1997, then ($e5D0 in advance on the fl=oc day SHE DEMISE . D) per month commencing March 1, 1990. HEREIN CONTAINED in med. and Accepted on the following express condltlonot 1. No waste shell be ecmmitted; and at the end of said term the domlood promises in as good condition as at rho commoncomont thereof, ordinary wear end tear and unavoidable and lightning oxcapted. snail be delivered oida blo damage b by y fire, 7, The rent reserved shell be deduction or abatement, at the roofdeneUpreromptly paid on the novaral de ye and bitten heroin spoeifiod without principal oCflco of t h u as Id Lessor. f the Losses remov e or prepare to remove, or attempt to leased before [the expiration ao[uthe term or at any time during the continuance ofm ChSnf loasehear St the Leeeoe sall be in default in the a Promisee hereby n f any instl of runt for the a default In any of the covenants noroconditions aa, mheroin contained, than in d of that Avant, days, for should twelve months (but in no avant shall ouch torn, exceed the term of this Lease) atthe rate which it is than h duo term or by .:nd collBCLlble under the tonne of thin loose shell Insisted , la rely bocomo duo and Payable and shell be collectible distraint or otherwise, <. A holding over by the Lessee beyond the term of this loans shall be a ronowel of the turm of this lsaso on a month to month basic, and the Bald renewal shall be under and subject to all the provisions ea contained In this agreement of loans; provided, hawovQr, that ouch renewal shall be at the option of the Leooor. 51 The Lessor shall not be liable to the Looses for any damage which the Loeeaa by the failure of the Lessor, if said fallura Is not duo may be causstl to premises heroin demSe, at rho time agreed upon. to any fault on his part, to give poeoeselon se the 0, Said Losses shall not terry on any unlawful or immoral buulnoeo in or about the Penland tea domlead end shall not carry on any business which will endanger the buIlmora from less or cause a of any fire insurance abet the Lessor has or may hmroeftat have on slid building. Lessee agreoS to adopt a non-smoking n InaSda the aomlaed promleos . 7. Tho Lassos agrees to Pay all bills which ray be Incurred for light, heat, or power used or consumad upon the demigod promisee, and also all bill, for water rent (In shall pay first par month ¢xcoas of f40 per month for building; tsaeor c . Loasoe roearvse the right to install a monitor motor may sad pay for actual veto= Of the onsumed by Lessee ae, ) which accrue for water used during the corm of the lease. The Lessor shell not be responsible in any way in the event that the supply of heat !a cut off by =meson le any [Thee beyond the control o! such failure of the supply Of ahoot aoShoulda the LessonL fall rto pay a bills • m The Lessee agrees to koop the plate ay maul, to him by =shall ae May re sult the Lessor anal] hevo the right to pay the same, and the ,mount eo paid shall be chargeable my ble to the Losses an additional rent. gls nn Snourod at his own rink. 0. The Lessor gross to keep the promisee in a good condition of rapalr. All refuse of any kind shall be removed from the premieon at rho cost of the Losses at least mike a weak or oftener, sepa tal If ,sod be. (a) so n Lessee 0cafin fat line aSdewa lkerby Leaoora [rtaseor a toe [t before it anal lr hever[roznnxa nd usive =All BnowS shall thbe leaned tell to comply with the provisions of this e Laaeor r ['seen et the loose, the Lessee may make oaitl re things b e d ad uccod rdm other P alts or remove said sfua end doIa31 heroin Provided to be done by the Looeor, and said expense thus rB'o rante, as Incurred shell 9. in the event of Chu fl 1Ing of s Psiltlon !n bankruptcy, whang voluntary against the Lamm heroin, there shall become duU Smmadlata]y upon Chu filing of pry Ition voluntary, months (but In no event shell Such tarn exceed the term of this lease(, at the rate that the rant is then for tvolvo Payable under this agreement of lease, and the Lessor shell have the further right In slid avant, to forfeit and terminate this lBaoa, The Bald forfeiture to be affected by giving notice In writing to the Lessee herein or to the person than In charge of rho domlood promisee. Should en execution against the Lessee out of any court, twelva months (but In no event shell such term exceed the term of Issue Lease) runt shell outp become duo and owing, thin a 10. fn the avant that the prominue occupied by tau Laueoo shell during , thnreby m, kinq the pruwlass untmnanteble and unfit for occupancy no that the movneld orn torn rn be thereof doom SLoyod edv by l ilia to construct a new building, the Loeaor huraln shell thereupon have the right Co cancel and turnInato this loans ibla upon giving fifteen days notice in writing to the League heroin, and the term of thin colon At the expiration of f3ftoon days After the expiration or said "Ilea. In Soaua .hell thereupon Bald building shell be damaged by firu, but not destroyed, the Lu..or w the ovum, repaired and rnalorod to its 111 [h[11319 the name a to be Palo fire she format condlti An, ahoy are to act with the gruetant possible e1oncs,and if the t 11 have [ondorn the prominou unionerB, payment of tint iur shall he Pnepbndua from the time when the Lm wu heroin obeli notify the Loaner of such Condition ' until l such time an th repalrod Bed again ready ter occupancy, and the LBsseo herein agrees that In he ,- be so o buildi r.q Sn so partially deetroynd by fire an to render meld romalrs tbcsoaary that the[fie o ant that the thooutime right through the servants and agents, ecd the eurventn and agor,tA of an 10 Lessor building shall Snell hevo the right to asks small u: coupon have pcmoasicn of tr,u Y contractor am to or taking of Possession shell not to an eviction of the lees far ere purpose of mekln much ef1feadct tbyhitn he term Lessor of /ease. Not wlthntendi..g the Loas¢e shall L,e h0aebve nBh1? do p?pli .1-- ^9 lapel=s, and the he !tiny uing. meaner preelse, be destroyed or Ganged by tiro end all the option o• cancelling this provldin w tome and eondltfone tnJeto shall 1esBdlet8..esea, should the q rlttnn notice to Lessor. 1Y [sees upon lessee I1. Tea said Leg," tern Cy rcnfd:nae ;ucgrant !or rrn Cnn: n•ea•t :u^ :rda: this to0at•er with an att Crcby !ea cf fiftoav (%e: nor not !er cul:ur-; nc, ana eon n;U Cn a °9raoroct o! 'assn, (-e gee 1' ha leaned ihsrean ft., Lo time for nn )' root 'fun uvul awl all n tto oruJ eoncuf coo l l y Lilontw It he uAUe nil ,.udul th lu I. ,nil J,nlg inunt In u)uctm on, all huruln provldud may be 12. At the and of the said term, whether the man shall bit determined by forfeiture or o,p,rAtIm, of the term, t0nolnatlon, or upon the brnach of any of till conditlonn of thin luaus, it In agrnnd that An amicable actlon of a)actmont may be, entered In the Court of Carmen Plana of Cumberland County In which the Lessor,, their noire or assigns 'hall be plaintiff, end the Lessees, and ell who Como Into Ponnnenion during the turn of continuance of this loans or undo[ the L.00001, shall be dotondeatn, that Judgment may be onto rod thereupon In Cnvor of the plnlntl ifs, without ],non of calrt, for the promises nbovn duscrlbod to have the Demo fo rco end affect ao If A aumunons in oj,ctmont had boon regularly Issued, legally served aand ec r of hnbaro feclee po,oae oSanam with clause t ad returned fl, fn, for All 000tu, may be lauuud forthwith, waiving all errors and dufacto whatsoever in entering enld judgment, also waiving right of Appeal writ of error or tite write of haboro faeleo poduueolonom which may Suuue upon the name. 'toy upon any 17. And further, it In Agreed and Understood that the Lomlor, his holro, or anulgne, upon prior written notice to Lannon, may enter the promise. hereby leaned At any time during the term, either In the presence of the said Lesson for the purpose of ascertaining whether the said promisee are kept In good order and repair during business hours. Further, that the Lasso[ reserves the right to display a "for rant or eels" card upon the 'aid promises and to show same co prospective lassoes or buyers, during rho lest throe (3) months of the lease term. 14. Or i Bald prominou and Leer or byA the act, of emissionoofd the Lessor (sea paragraphtB)ehallnbe repaired peb by fire se ordinary woad the Lesson covenant, and agrees to make Bald repairs upon five tla? Y the Losses heroin. And he shall neglect to make Bald repair, or cortmonco to Mks the even days $ given to him by the Lessor and if a' gluon hum the Lessor shall have the right to make the said repairs latothef uxpanso nandays afer sai notice d coot tof thed a Losses and the amount thereof my be collected An additional runt accruing far the month following the data of the sale repairs at the exponeo and coot of the Loaaaa, and If the ,aid expense then the coat so made may be collected by the Lessor as an additional rentmfor the Luse of Sthe on of the term, the entire tar,, pram3eoe during 15. And the said Laeeoo hereby accepts notice to quit said domiaod promises to the said Lessor It o remove from, and surrender up possession of the ! c , My be dotermne0, whether by forf Calultuturr, ie hairs or assigns, at the expiration of the Bald term, whenever e or otharwiea, without any further notice to that affect, notice being hereby waived, And on failure to pay rent duo, all further for the apace of ten days bualdea the all distress, by or the upon veld LabroeeheoC any other condition of ehls lease, the L..... shall be, a non-luenos, subject to dispossession s Lessor aor, with out further notice or process of law, with rolosna or error and of damages, and the said may ro-ontor the promised and dispossess the Losses without thereby becoming a traepaaaar. And the Losses hereby waives the benefit of all exemption !ewe of this Commonwealth that now are In force or may hereafter be, in force, or in any action or actions that may accrue on this contract in any distress or distress that may be made for collection of the whole of Bald rent or any part thereof. waiving also Of execution, inquisition, extension, and all errors, In al the benefit of stay ] proceedings arising out Of ihla lease. 16. The party of the second part will boar, pay and discharge when and an the same become duo and Payable all judgment and lawful claims for damages of otharlsa against Bald parties of the first part arising from Its use or occupancy of said leaned promisee, and will assume the burden and expands of defending all such suits, whether brought before the expiration of this loans and will protect indemnify and save harmless the said party of the first part, his agents, servants, employees and public at largo by reason of or on account of the use or misuse of the promised hereby lea sod, or any part thereof, duo to the negligence of the Losses or his agents. 17, The second party also hereby walvee any and all demand for payment of the rant heroin provided for, either on the day due or shy other day, and agrees that auto demand shall not boa a condition of re-ontry or of recovery of p09e00e10n without legal process or by means of any action or proceedings whatsoever. 18, DEPOSITS: All deposits, whether cash, chock, judgmont note or other Instruments, and regardless of the person designated es payee, shall be retained by ROTHMAN, SCHUBERT, a REED REALTORS In an escrow or fiduciary account for the benefit of Lessor and Lesson in accordance with the Real Estate Licensing Law of the Commonwealth of Pennsylvania and the Rules and Regulations issued thereunder. 19, INSPECTION: It Is understood that Losses has inspected the property or horoby waives the right to do not and he has agreed to lease it as a result of such inspection and not because of or in reliance upon any representation made by the Lees or or any officer, partner, or employee of Lessor, or by Agent of the Lessor (Co,morcial-Industrial Realty Company), or any of the latter'a salesman and employees, and that he has agreed to lease It In its present condition exCapt as Otherwise specified haraln. (Soo paragraphs 23 and 25). 20. AGENT'S LIABILITY! It 1s exprone2y understood and agreed between the parties herato that COMMERCIAL-INDUSTRIAL REALTY COMPANY, ae Agent, its salesman and employee, or any officer or partner of Agent and any cooperating broker and his salesman and omPIOyoo, and any officer or partner of the cooperating broker are acting as Agent only and will In no teed whetaoovasr boot hsStl el to or perry for the performance of any tarn or covennt of ;hie l Ag r on mo^Lha ro`a? ilydeme several ly to nonperformance thereof. 9ea for the 21. REAL ESTATE BROkERI Lessor and Lessee acknowledge that Commercial-Industrial Realty Company and ROTHMAN, SCHUBERT, to REED REALTORS are the 0018 procuring broker, for this Leone and that each has dealt with no other broker In connection with this traneactlon. Furthermore, oacb wIII Sndamnify the other against claims made by any other broker In connection with this Lease. Lessor and Losses acknowledge that Rothman, SChutatt, and Rnad, 0rcIa Company are to be paid a total commlselon of percent a( even REALTORS nd Cccm) of lt-ton Realty valuo of the Loasa in advance for the inltlel Lorm,and six parent ;G\ ?\) of gue egato groan for all options, holdovers, renewals, and all end Dix I of the AF T71 eta grove value In advance Is sold to Lassos. pn:eunt (G\) of too eels pr:Cn !f tea property In the event that Lessor does not or cannot pay the eommiselcns to Rothman, Schubert, and Read, K7`ORS an Realty Company canon duo, Losses /s Aut.horlred to pay rental, to Cenmure:al-Ind-•strlaa Realty company as per schedule and Lessor Assigns memo until the Commission :s paid in full. 22, :his Lease l0 ap.clrlcn:ly conditioned upon Leeson obtaining all Loqulr.d gcvu:cmente] and municipal permits and approvals to open and Operate an Ice chum ohep, restaurant, end gift shop inc.udung an outdoor meeting area In front patio, walkup service window, Ord oxtarlor s1gn,,go, Lessee Burs. to pure.. Ottaln:ng 811 permits end approvals (with :.tinocr-u ccoporat.cn; and to chtNn aamu by or, or buforo Oucor..r-er -':, :990. If Lassos does not cttaln a:1 noeeee ary gcverrmental np^.t ,;vole and pa with security deposit ruturned to Less'),,, rm-0te, .,•,ln laces Is t.:ecC veld 23. Loaner ngraco suL)r,tt t:. Lanaoo'n approrAl to mekn Euescr•n f,cot a nnl:e rate ni etY rlc meter; 2; n -- r -t _ -tcr.alocw A" 'ml': ovem,atm et paitltlone for he.^,Cica ;.d En:ergo Let hrccm .a', ':act to toiling FI aro0nai bl::ty :r.r:udl ng a A minimum try"- !cot door IL4.s44 n!.e'1 be "Ps to any additions; atnp rsapcr Blblo !ee I;:nor lrot h,dcl-r a fix LU eA "'t e.ny hA 1nqu1r.d); l; rncuring t!.n dsmdsed rA m; nee Ana Corr (with pe,',lc hat .'.w nrd; to rear uhcp; F with can: ton-le; a:;e; 5} Mcvn gee t-,on t:rg ,m.as ;c nCeq:btu:y anrv:un too dotm:nn`I Taro, apecx:n, ecC ;;ai nt sl: raw Cr]vY:: n:r ccrAltl cn: rg unan eta ,-c,foJr,g P: 4. !sun nod wnrtnst treat s:: Vnet1.^p er' en Or baf L`fa JenuAYy ?:, , Coe:rn qr'p nrp',t. R:: cf V.a eLCtn to !,n ['r rp:n tot; h)' nlr^r rnY::f nin<: ngr nNn to :OA\'H sit: i:r.; rile: ^.L nrN ^f ..,,n 1.1' :,4n else,. r 26. Llnn]ar 01'anau Luuuuu „ Including exterior nlgnagu, ln,tell walkup Soarvle.e windows On'oaotl nu Sdu, finotell [small ukitchen land [Sts [cream 00608, install lighting, paint and decorate interior, Install now floor covering,' overing, change oxSDtinq interior fpiaXturtitrois Partitions, Install l noceneary plumbing and electrical fixture, and wirl ng, all at Loan,,-$ coot. Said improvomonta shall become the property of LO6nor at termination of tho loans except for All romovablo trade 25. Laeoor shell be rnaponsihlo and pay far ell structural repair, and Smprovamants roqulrod to maintain a dOmlead promisee to all applicable codes amd rnqulremonts, INAC repairs and maintenance, snow removal and landscape maintenance, 411 real aetato taken and nuwor charges, all lnouranco (0xco t contents and liability). 1,06000 shell bn roeponolblo and pay for all Interior repair, after initial rapalro and Improvamente by Lonna[ as statod In Paragraph 23 above. P Leeseo'0 76, "0 0000 obeli have the right to sublet or nnnlgn thin Lnesa with Lessor'. approval not to be unreasonably withheld. 27, Losnor grants Losses one year ot and conditions extant that monthly rental shall r bel ad ( terms justed tooOO to runaw thin Loans and ur all the Dome aucc,eelvo three years, Lugano must provide Lannor with f1, 000.00, 31,050.00, and $1,100.00 during expiration of the Initial Iaeso corm In ardor to exercise the option tearnow ng t la Throe (]) menthe prior to this n loans. 28. Lessor grants Lsseoo the Right of First Rafu0e3 the rant shop concn ncing March 1 to Lane the roar shop and an Option to Leas. a, 1999 for an additional the initial loess $300.00 per month for a Three ]) year term same conditions as Conditions. Notlee by Lesson shell be the same an Paragraph 27nder he above. 29, Laeoor grants Losses the Hight of First refusal to purchase the entire property. 30. Losses agrees to pay $900.00 security deposit to be returned at the expiration of , lees damages, If any, beyond normal wear and roar. this loess 31. In the hat Lea to pay Srokor'a commieaion nastnoted In Palreases the above hap or purchases the entire property, Loe,or agrees 32. All nctlcce shall be prepaid postage return receipt requested or hand delivered to Loe.ool JANRO COTTAGE, Inc, 112 North 26th Street Camp Hill, PA 17011 Lnaorl Cudjnug B. Olafeeon 2131 Chestnut Einar Camp Hill, PA 17011 the to [m]herao C, Losses ushall have peaceablor molootati,n e and quiet enjoyment r the eappo.aeelon ce pramSaas heroin domioad during the teerm and gift oho 0 oretSn prime ry pu rpos and u6a per year. se en Sea Lugano ahop, refrain from any activity poutaldo the nor mal tacopnpofooporatlonnof Le,cuo'to primary opurpose and buainonohuse of the leaned prnmiaaa, 34. ENTIRE AGREEMENT: Thin Agreement contains the whole Agroumant between the Laeoor and the Losses, and thero are no other terms, obligation,, cov.nAnta, representation,, statements or eCndltlone, oral or 0 tharwlss, of any kind what,oovsr Concerning this Lease. Furthermore, thin Agranmont shall not bo altsrod, emended, changed or modified axcapt in writing a,ocutod by the parties hereto. Witness the hands and seals of the parties, the day and year first above written. ATTEST: Janet F. Balaban, Sec./Treas LESSEE: JANRO COTTA,?G//E, ??Inc. 7-1) 1 By: ) Eu ( _ ? 7S. ca lJ6L_- (SEAL) Robin E. Balaban, President WITNESS OR A 'ES I i (SEAL) LESSOR: _ee C_t5? d - (SEAL) (SEAL) Page 3 of 3 pages Exhibit C Janro Cottage, Inc. 2331 Chestnut Street Camp Hill, PA 17011 (717) 737-5244 September 18, 1998 HAND DELIVERED: Gudjaug B. Olafsson 2331 Chestnut Street Camp Hill, PA 17011 RE: 2331 Chestnut Street Camp Rill, PA 17011 Commercial Lease Dear Gudjaug: C (0 FED In accordance with our Commercial Lease, dated September 30, 1996 (the "Lease"), kindly accept this as written notice pursuant to paragraphs 27 of our decision to exercise the three-year option to renew the Lease in accordance with its terms and conditions. Also, kindly accept this as further written notice pursuant to paragraphs 28 cf our election to occupy the rear of the shop on the first floor, commencing January 1, 1999, in accordance with the terms of conditions set forth in our Lease. Finally, pursuant to paragraph 7 of our Lease, kindly accept this as lessee's notice of its immediate intent to exercise its right to install a water meter to monitor the water used by lessee. Thereafter, lessee will only pay for the its actual water usage. With regard to the costs associated with the installation and materials required (see attachment), we agree to share equally in these costs with you. We trusts that you will find this written notice acceptable and in accordance with the terms and conditions of our Lease. However, should you have questions or need any further clarification do not hesitate to contact us. Respectfully Yours, Jamo Cottage, Inc. By: Robin E. Balaban, President Attachment: Exhibit D FEB-03-SS 10,23 FROM. RSR REAL ESTATE . , ,ID, 7G3lSS6 PACE 2 ADDENDUM TO COMMERCIAL UASF, Dated: September 30, 1996 Between Gudjaug B. Olafsson, Lessor And JANRO COTTAGE, INC., Lessee The parties hereby agree to the following amendments to the Commercial Lease: ''? ? lstUe. I K=m agrees to install a separate water meter for the demised prcrWAwith the billing foe wal s r consumption direct to the Lessee by an or before March I, 1999• -Lusee?agrces to reimburse laaaar one half of the cost to install said water meter upon completion of the work and presentation of the y) actual bill. Accordingly, paragraph 7 is amended to conform to this section. r ?t' tl Lessor acknowledges that Lessee has exercised its first option, to renew the lease for a three-year Icon effective March 1. 1999, as per paragraph 27. r r Q e hereby gives notice of its intent to exercise its option to fea •c the r ar shop cffective 1. 1999. as per the terms of paragraph 29. ^ IntayPorn 2•°r p„?_.• f 3WS UWA ?ro+4?'t A rtt a. -- Gu6rt w;;(,( di 44 it VAAa , . Cr. ?, (? YC?-9 Lessor grants Lessee the additional two (2) options to renew the lease as follows: Second lease renewal option for a term of two ears commencihh ?? / at the rate of S1,200 fo the first year plus $309 for rear shop fora total of S 1,509 pet- month, and11u,t1 $1.300 phis $319 for rear shop for a total of S 16 IS per month for the second year. 'fiord lease renewal option for a term of three years commencing March 1, 2004, with uumthly rental at the rate of SI,350 plus 5327 for rear shop for a total of $ 1,677 per month for the first year. $1,400 plus 5336 for rear shop for a total of&1,736 per month for the second year, and S 1,450 plus $)16 tier die rear slop for a total of S 1,796 per month for the third year. In.ali other respects, the Commercial Lease dated September 30, 1996, remains in full force, unchanged and is hereby ratified by all parties this _V4 day of $=7 1999. W, I'tNC? Gudjaug B. UlaFsson, Lessor - AITEST.- ,let r. ScuTreus RO COTTAGE, Inc., Lessee 1W bin E. Balaban, President Exhibit E 7171761-5010 .+. !IlAlf 9815 !Rr? pIJ/(v COrrliryn I4i KKWLISQ'n lLYn commercial-industrial realty company Now America International 1015Mmma RW March 23, 1999 VAVMkslurry. PA 17073 '.4ulrnq AOAress PO 60.8910 Greg Rothman Lamp HA PA 170016910 RSR REALTORS P.O. Box 188 Camp Hill, PA 1 700 1 -0188 RE: 2331 Chestnut Street Janro Cottage, Inc., Lessee Dear Greg: Please find enclosed a fully executed copy of the Addendum to Commercial lease for the lease dated September 30, 1996. In addition, please find enclosed a letter TO ME DATED March 19, 1999, from the Lessee clearly stating its position regarding occupancy for the rear shop. As you know, the original date of occupancy for the rear shop as per the lease terms was March 1, 1999. The Lessee attempted to accommodate the Lessor by deferring the date of occupancy for the Lessee until May 1, 1999. Please advise the Lessor of its responsibility to vacate the rear storage shop by April 30, 1999. Thank you for your cooperation and assistance. With best regards, COMMERCIAL-INDUSTRIAL REALTY COMPANY James D. Ross Associate Broker JDR/gw Cc: Robin Balaban Irnnlr_YMlrlf:u.nn,n. 77117rs?/\rx" .11. sea 1 r\I\II 144 111. IiI .U. I II"1 I''I it\'II I ?, \\'111; 1 11'q 1111 L.O!Jitl \.Ydl'.1'.:4?.1 LvP.,t /1 ,1./I/.YI?H naiop Exhibit F WILLIAM R. BALABAN PATRICIA CAREV Z.UCKER MICHAEL V. BROWN PETER J. KRAMER OF COUNSCL LAW 0I111IGI:S BALABAN AND BALA13AN Govel(Nons- Row 27 No11T11 FRONT STNHET 11. O. Box 13134 11AIINIS000G, PENNSYLVANIA 17100-1L'n4_ Tiaxi-1oNE - (717) 234.32n2 FAY •qU) LaJYCOO e-mail: b?I?bAOhro?oLsem April 30, 1999 VIA HAND DELIVERY David J. Lanza, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 RE: Janro Cottage, Inc. Commercial Lease, as amended 2331 Chestnut Street, Camp Hill Dear Mr. Lanza: U 1. 1 u SII M9'IAN. GALKINN $ ?AI,A KAN 11962 19001 THOMAS R. BALAIIAN (1916-19011 Despite repeated requests to your client to resolve the issue regarding the option under paragraph No. 28 of the September 30, 1996 Commercial Lease (the "Commercial Lease"), as amended by paragraph No. 3 of the January 30, 1999 Addendum to Commercial Lease (the "Addendum"), we have not had the courtesy of a reply. Consistent with the Commercial Lease and/or the Addendum, on behalf of Janro Cottage, Inc., enclosed in tender of the required amount, please find check No. 3460, dated April 30, 1999, in the amount of One Thousand Three Hundred and 00/100 ($1,300.00) Dollars, representing full rental payment for the entire leased premises, including the rear shop, for May 1999. I trust that the rear shop has been vacated by the Lessor and is suitable for occupancy; effective May 1, 1999. Thank you for your continuing attention in this matter. Respectfully yours, MichaeN. Brown enclosure cc: Janro Cottage, Inc. (w/enc.) ------------- Y'MV VI M•I?q ieeyu?Ay?n]S;i CD d' O M 8 ? o s o o R • • .n • • • o z o • o • za H J • N - Q:x m • Q U • • 1 1 • U W Z w . ?U?NO? • ?JI-aN f Q QJ7R . Q W ?WJ^ V VZ5Vdn ?p O W •J,..iE? z S Z p7 Q N U {OO Q Q r Q r?'n ^o V y ai •5 C! rn o ? m ^ d m 0 LL O u W ¢ O 0 w 0?O L O Q o M $ e 0 C^ v Ln l ru l 1 a s• .a N w P A O J ? O 0 O C7 T O W ¢ O U O LO ? W J m U v O O O W x {N+ \ o ? s 0 a C4 ? O O U O Z f >? ExhHA G LAW OPPIORti 13ALADAN r.xn BALABAN WILLIAM R. BALABAN GOVERNORS' 1t0W PATRICIA CAREY ZUCNER M ICHAEL V. BROWN 8 7 NORTH FRONT :]TRIi I!t' '- 11. 0. BOX 183-1 PETER J. KRAMER 11 ARRISHURG. PENNSYLVANIA 171013.18114 Or COUNSCL ?- T1 JTUON1:. (7 171 804.3808 YA..17171 cm-4L-6 . amid: bdab,el.wa..La.. May 11, 1999 VIA U.S. Mail & Facsimile: 717-761-3015 David J. Lanza, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 ?ry?•,'r.(?C N%& 11n1.nunN B AOAN 91G,11;9 CONFIRMATION CGPY ORIOI NAL TRANSMISSION F T 6Y FACSIMILE DATE: RE: .ianro Cottage. Inc. Commercial Lease, as amended 2331 Chestnut Street, Camp Bill Dear Mr. Lanza: On September 18, 1998, Janro Cottage, Inc. (11Janro") notified Lessor that it was exercising its Option to lease the entire rear shop of the demised premises (2331 Chestnut Street, Camp Hill, Pennsylvania) for a period of three (3) years commencing March 1, 1999. This Option is plainly stated in paragraph 28 of the September 30, 1996 Commercial Lease (tire "Commercial Lease"), On January, 30, 1999, Janro and Lessor entered into an Addendum to Commercial Lease (the "Addendum") wherein pursant to paragraph 3, thereof, Janro agreed to extend the date of possession of the rear shop until May 1, 1999 in consideration forcerlain other negotiated changes to the terms of the Commercial lease. Then, on April 30, 1999, Janro tendered to Lessor for the month of May 1999, full rental payment for the entire leased premises, including the rear shop. However, as of May 1, 1999, the rear shop of the demised premises has not been made available for occupancy and possession by Janro. It is the position of my client that such conduct places the Lessor in breach of paragraph 28 of the Commercial Lease. as amended by the Addendum. David J. Lanza, Esquire May 11, 1999 Page 2 Out of courtesy, we are now providing Lcssor with five (5) business days from the date of this letter to cure its breach of the Commercial Lease. Otherwise, litigation will be commenced. 'T'hank you for your continuing attention in this matter. Respectfully yours, Michael V. Brown cc: Janro Cottage, Inc. G' WAa1CL11'NM7h34.ANZA4 LIR Exhibit H hEetllftb MAY 17 May 13, 1999 Mr. Michael V. Brown, Esq. Balaban & Balaban 27 North Front Street P.O. Box 1284 Harrishurg.PA 17108-1284 Dear Mr. Brown: Enclosed fur a rent chuck from find a check nyment Inc.,11'01? hem nth of)Mwhich ay 19991 rent payment. Y It would he in the hest interest ol'all parties to resolve this situation. Enclosure cc: Mr. David L Lanza, Esq. GUDLAUE S. OLAFSSON 2391 CHESTNUT STREET CAMP HILL, PA 17011 PAY TO THE ( ORDER OF_ 1 Sincerely, ''^^ r` Gudj?)la'l;tiso'i ' &IMWQ 120 $3-VO%n Commerce ARGO-- ME40?lIt . PA 1EM6 t 03130184gt 320B IT 5; 0 20 K • mono una •n nnnm awn xraum [qq a r Exhibit I zol,+`, ,.,r., 9illia, Snmmar/ for Ser ic•: to: Rate Classification: Rate N•Comm Gen Sve•HeaOng a_illicg Period: i_ ic: Z?tC /x.'33?•=, :aVt: Company Read Your current charges include Sore tales tct3ling S 24 i 4 Snrs t3*-,!'MICes S 8.:3 _ Iii re •r4 t3a Past Bill Information Customer Number ... ..,.. ; The account balance on last bill was ._............ S 11,97 215 505 7600 20 Thank you foryour payment of i, n7 If •mu have anv iuest;V! ... .:_..:._....:.•.. 0.00 '::.::..:...•.:: ... '+m:Goy ..,...... Current Bill zj: .-t! Ave ?:;e:me odren:rgas ............................................ 0.65 PA Sales Tax 10.19 'Total Current Charges (due by 04/10197) ...__. 179.93 Total Amount Due ............................................. S179.93 ! ?idtc! ??:i:;i1y April 1 a. 1997 NPN 215 505 7600 20 1 QEO _ AverageMCFPerDay MeterReading information °--- .'.toter Previous P. asent CAF I.1CF Number Reading Reading Used Used 0.56 _ =4i6 Id. = Id.l 0.48 Messages from UGI 0.40 • Please donate to the Operation Sham emergency fuel fund. You can help deserving I families in your community through rough times during the old winter. L'GI will rr3:P: .c•a ccn:sL r.s 5; :cr?:er/ S, to, :7-e Operation Share croe3ure,%=ec t.4 i -PI) :.Its ant J.i6 0.081_-# r? M A MJ J AS OII OJ FM 1996 Months 1997 • = csumateo usage Last This Aeeraae Yeir "elf ca? .CC :a: r ['•::C :Y:ce ?':•_:.C? i". .a 3 2:' :a.::'a ,?,A n6cp tna part rof four records. Important information is on the back of this bill. 1? z L f? t i _ Billing Summary for Service to: GUOJON OLAFSSON 2331 CHESTNUT S CAMP HILL PA 17011 a past Bill Information The account balance on last bill was ..._.._.._. $179.93 00 It you have any questions Payments.... ................. .___-............. _....... j''?;>pbasa all us at 232-1815. Late Charge ....................... _..... ....... _..__....._.. or visit us at 1500 Paxton Balance as of 04123197 (due now) ................... 188?i St. Harrisburg. Rate Classification: Rate N-Comm Gen Svc-Heating Billing Period: Current Bill ..._. 67.85 03119197 to 04118!97 (30 days) Base Rate Charge .................................... _.... Pipeline Surcharges ............... _................... _...... •0.24 May 19. 1997 PA Sales Tax ........................................................ 4.06 - Company Read "Total Current Charges (due by 05#09197) _...... 71.67 NPN $ 260.6A 215 505 7600 20 1 'Your current charges include Total Amount Due ....... _.......... _ ..................... , State tams totaling S 9.62 This total includes $ 3.38 ( r15 i grass receipts tax. 3• Meter R"Aind Information _ • = Estimated Usage Last This Average Year Year MCF/day 0,22 Wily temperature 48°F Meter Previous r'.." Used used Number Reading Reading .?rn•so eesn 4522 66 = 6.6 Messagm from UGI • Help prevent pipeline damage, accidents and service disruptions. If YOU SW Some" digging near your tame please call UGL 57- C11 ' 1.1\V_ ?W V If you pay in person please bring your entire bill. Make check payable to UGI. Keep Nn part for your re=ds. Important information is on the back of this bill. Customer Nuptber 215 505 7600 20 1, AMJJASONOJFMA 19% Months 1997 ••• •••• •• Service Work Bill 215 505 7600 39 Work Performed on May 5, 1997 If you have any questions. Service for, please call us at 232-1811, ORYNJA Transfer Service Charge ....___....._ ............... 10,00 or visit us at 1500 Paxton 2771t CHESTNUT S ST St, Harrisburg. Total _..._._..._..„............ _...._...... _....... $10.05 Pay this amount on or before June 5, 1997 ..................................... a 310.00 q? a0 0 C??' / p?r'F ?? yCl NPN 505 7600 39 3 83000 Messages from UGI •Help prevent pipeline damage. accidents and service disruptions. If you see someone digging near your home please call UGI. t i r If you pay in person please bring your entire bal. Make check payable to UGL Keep this part for your moo, da. Important information Is on Ow back of this bill. D A. IV d Past Bill Information Billing Summary for Service to: The account balance on last bill was ................ S 0.00 3nYNiA OLOSSON Payments ............................................................... 0 00 ^3t CHESTNUT ST Balance as of 06/20/97 .................••.-,• CAMP NRLPA 17011 ........................... 0.00 215 505 7600 39 If you have any questions. Please call us at 232-1815. cr visit us at 1500 Paxton St. Harrisburg. Rate Mssilication: Rare N-Cornm Gen Svc-Heating Billing Period: 09/05/97 to 06/18/97 (44 days) Company Read Your current charges include State tares totaling $ 1.B8. This total includes S 0.66 gross receipts tax. 6teferlt?Ar.... i_, Current Bill Next Scheduled Base Rate charge _,, PA Sales Tax..... ..... ....... _._ .... ........._.__. 13.19 July 18. 1997 'Total Current Charges (due by 07/09/97) ........ 10 80 NPN Total Amount Otte ............................. 215 505 7600 39 1 ................. Mesaaes tram urr "Your initial bill for service is for a longer period than normal. Future billings will be on a monthly basis. "HOIP Prevent Pipeline damage. accidents and service disruptions. If you see someone digging near your home please call OGI. your bill does not display a usage graph because your average daily usage is too low. on zz, V 6? 12 ?P QQ • z ? ? Meter Number 1110856 4526 Present ?CC Reading Used vacs 0 c MCF Used ti h y It you pay in person please bring your entire bill. Make check payable to M. Keep this part for your records. Important irdof n"ion Is on the back of this bill. 77- Billing Summary for service to. BHYUJA OLAFSSON 2331 CHESTNUT ST CAMP HILL PA 17011 Rate Classification: Rate Nfiomm Gen Svc-Heating Billing Period: 06118197 to 07118197 (30 days) Company Read 'Your current charges include State taxes totaling $1.28. This total includes S 0.45 gross receipts tax Past'ill Information The account balance an last bill was ............... $1399 Thank you for your payment of .......................... •13.99 Balance as of 07124197 ..................................... 0100 Current Bill Base Rate Charge ................................................ 9.00 PA Sales Tax..._ .............. _. _ Total Current Charges (due try 08/11%97 0.54 215 505 7600 39 If you have any questions, Please ca fl us at 232.1815, Or visit us at 1500 Paxton SL Harrisburg. Me;rscAedu a-!-' August 16, 1997 ).... ... 9.54 NPN Total Amount Due _.......... _.........._. i 9.54 215 505 7600 39 1 MelerReading lnformatlon Meter Previous Present CCF MCF Number Reading Reading Used Used ++cv 4DZb 0 = 0.0 Messages from UGI `Help prevent pipeline damage, accidents and service disruptions. 'Your bill does not display a usage graph bemuse your average daily usage is too low, a 11 you see someone digging near your home please call UGL It YOU Pay In Person please bring your enhre bill, Make check payable to UGI. Keep this Part 10( your records. Important Wormation is on the back of this bill. o ' ? Part 8111 Information [ The account balance on last bill was ............. S 9 54 . 215 505 7600 39 Billing Summary for Service lo: anrN:A ULAFiSrN Payments ............................................................ Late Charge ... .... 0 00 If You have any questions. 7.371 CHESTNUT ST U .• ..................................................... Balance as 0108/20/97 (due now) ................. .... 0.16 ... 10 02 Please call us at 232.1615. ornslt us at 1500 Paxton VIP HILL PA 17011 . SL Harrisburg. Rate Classification: Rate N-Comm Gen Svc-Heating Billing Period; 0 7/1 8/47 18 0 8/1 8/9 7 (31 days) Current Bill Next Scheduled . . Com parry Read Base Rate charge........ _..__...._.__.Y......... PA Sales Tax___ ..... .. 9.00 September 1 WHOWN911111AN 1997 ' ........_ _.._.................. 'Total Curterd Charges (due by 09/08/97 ...... . . ) ....... .. 0.54 .. = Your current charges include NPN Slate taxes totaling $ 1.28. Total Amount Due ................................... 56 19 15 505 7600 39 1 This total includes S 0.45 .......... , .. gross receipts in Miler Reading Information Meter Previous Present Number Reading Reading CCF Used Used 1110856 4525 4526 p = 0.0 ....Y. from UGI "Help prevent pipeline damage. accidents and service disruptions. If you see someone digging near your home please all UGL "Your bill does not display a usage graph because your average daily usage is loo low. \0 6e 152b 011?b i Oy: rISA7 13: 11 G 2155057600 .? `,l y If you pay in person plate bring your entire bill. Make check payable to UGL Keep this part for your records. Important information Is on the back of this bill. Rate Classification. Rate M-Cornm Gen Svc-Heating Billing Period. 08!18!1997 to 09/17/1997 (30 days) ComParly Read ' Yeur current charges include State taxes totaling $ 1.28. This total includes $ 0.45 gross receipts lax Meter Reading Inferlnation Current Bill Base Rate Charge PA Sales Tax ............ 9.00 Total CUnent Charges (due by 10/07/1997)...-9-54 Total Amount Due No ............................................. Payment Requirod MOO Customer Number 215 505 7600 39 If you have any questions, please call us at 232-1811, or visit us al 1500 Paxton St Harrisburg, Next'Scheduled7 October 16, 1997 NPN 215 505 7600 39 1 Meter Previous Number Reading Present CCF 1110856 Reading Used MCF 4526 4526 U°? • Help prevent pipeline damage, accidents and service disruptions. If you see someone digging near your home Please call . UGI. • Your bill does not display a usage graph because your average daily usage is too low, CORPOPATT1jN 63.?©p a7 86. `?? Sad 5 A?Gc1 Go If you pay in person please w.,y lour entire bill. Make check payable to Wt. Keep Ur-=P?rl for Your records Important information is on the back of this bill. s kz i F t i s F c i 1 t r Past Bill Information The accounl balance on last bill was ............... Billing summary for servtco to. Thank you for your payment of $ 17.56 2331 CHMNUT S Balance as of 09/19/1997 ................................ ? 90 CCoatAA1PHU NIlkPA PA 17011 -9,54 C11 11OF/cl Billing Summary for Service to: BRYNJA OLAFSSON 2331 CHESTNUT ST CAMP HILL PA 17011 Rate Classification: Rate N-Comm Gen Svc-Heating Billing Period: 09/17/1997 to 10/16/1997(29 days)-- Company Read Your current charges include Stale taxes totaling $ 1.28. This total includes $ 0.45 gross receipts tax Past Bill Information I The account balance on last bill was ................. $ 0.00 If Payments ............................................................... 0.00 p Balance as of 10120/1997 ....................... ... 0.00 or # c'? S: Current Bill Base Rate Charge .................................................. 9.00 PA Sales Tax .......................................................... 0.54 'Total Current Charges (due by 11/05/1997) ..... 9.54 N Total Amount Due ............................................... S 9.59 2 eter Readmg information Meter Number Previous Reading Present Reading CCF Used 1110856 4526 4526 n Messages from UGI • Help prevent pipeline damage. accidents and service disruptions. If you see someone digging near your home pleas. • Your trill does not display a usage graph because your average daily usage is too low. MEL C.•S SIRVICC Past Bill Information The account balance on last bill was Billing Summary for Service to. Thank you for your Payment of...... , $9.54 ORYNJA OLAFSSON Balance as of 11119/1997...,.,,•,•,, ..................... 2331 CHESTNUT ST ......•••••_??Q If CAMPHILLPA 17011 0.00 P Rate Classirrcation. Cp S Rate N Comm Gen Svc-Heating Billing Period: ? 10/1611997 to 11/14/1997 (29 days) Current ill Base Rate ...................... Pipeline Surcharges ............ ` 11.67 company - nRead PA Sales Tax........ .............. 'Total Current Cha ............................................... 0.01 rourcurrenl charges include des (due by 12/09/1997)' ---0 70 'late taxes totaling S 1.66. Total Amount Dus 12.36 N his total includes S 0.5B .................. 2 !ross receipts tax leter Reading Information Meter Previous Number Reading Present CCF 1110856 _ Reading Used ssagesfrom UGI 4526 4529 3 IP Prevent pipeline damage, accidents and service disruptions. If you see someone dig in ne v bill does not display a usage graph because your average daily usage is too low g g ar your home pleas, , LIGI CQRFs EQ 52 12-1 r %J 6 QOf (`' 1L 1 •'197 1 ? 4 ``Q,576?yI 1 ?S PAID $I 4y CHECf. I i Billing Summary for Service to: BRYNJA OLAFSSON 2331 CHESTNUT ST CAMP HILL PA 17011 Rate Classification: Rate N-Comm Gen Svc-Heating Billing Period: 11/14/1997 to 12/17/1997 (33 days) Company Read Your current charges include State taxes totaling $ 7.70. This total includes $ 2.71 gross receipts tax Past Bill Information I The account balance on last bill was ............. $ 12.36 Thank you for your payment of ............... 1 If Late Charge ..................... P Balance as of 12/19/1997.......... * ........................ . .00 or S. Current Bill Base Rate Charge ................................................ 54.31 Pipeline Surcharges ............................................ -0.18 PA Sales Tax ........................................................ 3.25 'Total Current Charges (due by 01/08/1998) N Total Amount Due ...........2 .................................. $57.38 .uw? 0.20 Awes ge -M C-7 Per Day Meter Reading information 0.18 0.16 0.14 0.12 0.10 0.081 0.04 0.00 DJFMAMJJASOND 1996 Months 1997 ... 1w. rrevious Present Number Reading Readinn 1110856 Used Messages from UGI • Give the Gift of Warmth when you donate to Operation Share the em( can help deserving families in your community through rough times C UGI will match your donations 50 cents for each dollar donated. See brochure included with this bill. Last This ,rage Year Year '/day 0.15 V temperature -_2130F It you _pay in person please bring your entire hill MA,^ ?. ?. _-. F F f. t t r k i i r s i i &- S-Iff e, -I 6Jf tlf Y/[! Billing Summary for Service to: BRYNJA OLAFSSON 2331 CHESTNUT ST CAMP HILL PA 17011 Rate Classification: Rate N-Comm Gen Svc-Heating Billing Period: 12/17/1997 to 01/19/1998 (33 days) Company Read Your current charges include hate taxes totaling S 10.69. this total includes S 3.76 Cross receipts tax Past Bill Information The account balance on last bill was ............... Payments ............... ...................... Late Charge .............. Balance as of 01/22/1998 (due naw .............. Current Bill Base Rate Charge ................ Pipeline Surcharges .............. PA Sales Tax .................... 'Total Current Charges (due..by 02/09/1.. .. ..998)....,.. Total Amount Due Meter Reading Information 0.27 0.21 0.18 0.15 0.12 0.091 Meter Number 1110856 458 p 4655 $57.38 i 60.25 c c 75.40, -0.27 4:59 79.64 ' N, Ic ; $139.89 n iT J Used 75 Messages from UGI • Help prevent pipeline damage, accidents and service disruptions. If digging near your home please call UGI. 0.03 JFMAMJJASONOJ 1997 Months 1998 Last This age Year Year /day 0.23 temperature - If you pav m person please bnnq vour entire bill Make check patinblf LAS SfSY/ff Billing Summary for Service to: BRYNJA OLAFSSON 2331 CHESTNUT ST CAMP HILL PA 17011 Rate Classification: Rate N-Comm Gen Svc-Heating Billing Period: . 01/19/1998 to 02/18/1998(30 days) Company Read 'Your current charges include State taxes totaling $ 11.44. This total includes $ 4.02 gross receipts tax Past Bill Information The account balance on last bill was ............. $ 139.89- Payments ........................................................... p If Late Charge ....................................................... 4.88 if Balance as of 02/20/1998 (due now) ........... 144-.77 0: S Current Bill Base Rate Charge ........................................... Pipeline Surcharges ........................................ PA Sales Tax .................... . 'Total Current Charges (due by 03/10/1998) Total Amount Due 80.72 -0.29 4 83, 85.26 )N $ 230.03 2 40 Average MCF Per Day 0 Meter Reading Information . 0.36 Meter Previous Present CCF Number Reading Readin U F g sed 0.32 1110856 4655 4736 81 0.28 0 24 Messages from UGI 0.20 • Give the Gift of Warmth when you donate to Operation Share the e 0.16 m( can help deserving families in your community through rough times c UGI will match your donations 50 cents for each dollar donated See 0.12 `., . brochure included with this bill. 0.04 6 „t'.T =uGi ST PE t 0.00 UGI CORPORI! DEPOSIT OM Y TO ACCOUNT T ''s..?`0 ^14G 3,•':4 F M A M J J A S O N D J F - F?.??, nice 1997 Months 1498-'C??•` 1 Last This Averaoe Year Year 0 Af Past Bill Information I er Number Custom The account balance on last bill was ............... S230 03 215 505 7600 34 Billing Summary for Service to: ORY* Thank you for your payment of .......................... Late Charge . •230.03 If you have any questions. JA OLAFSSON 2331 CHESTNUT ST ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Balance as of 0 3/2 311 9 9 8 ................................. A.26 426 please call us at 232.1811. or visit us at 1500 Paxton CAUPHILL PA 12011 SL Harrisburg. Rate Classification: Rafe N-Comm Gen Svc-Heating Billing Period: Current Bill Next Scheduled 02/1811998 to 03/19/1998129 days) ease Rate Charge._......_-., ............................. 51.70 Meter Reading ompany Read Pipeline Surcharges ...... _....... ............................ PA Sales Tax ......................... _....................... ... . -0.20 3 45 ...., April 20,1998 . Total Current Charges (due by 04/08/1998) ... . 60 95 *Your charges i include . NPN State Was totaling as totaling Slat `: "0.19. Total Amount Due ............................................. S 65.21 215 505 7600 39 1 This total includes $ 2.88 gmss receipts tax Meter Reading Information 1110856 4736 4191 55 55 Messages from UGI • Help prevent pipeline damage, accidents and service disruptions. If you see someone digging near your home please all UGI. - - ' Last This Average Year Year MCF/day 0.19 Daily temperature WF If You pay in person please bring your entire bill. Make check payable to UGI. Keep this part for your records. Important information is on the back of this bill. UGI utilities, Inc. Post Office Box 13009 R Please pay by the due date to avoid the late charge. eading, PA 19612.3009 Please return this portion r.r rr. r,n with your payment NPN 215 505 7600 39 1 CH I Due Date April B. 1998 ?nr???u r?i?uuu))uriir)re),??unr)?ri)nu?)uu)?),?u) **** ********** AUTOCR ** C037 I BRYN JA OLAFSSON 565.21 2331 CHESTNUT ST CAMP r HILL PA 17011 With Late Charge S 68 32 280 a1.r,cnCILnnianr,nonnnnnn, _ ......... M A M J J A S 0 N D J F M 1997 Months 1998 Billing Summary for Service to. 611YNJA OLAFSSON 2331 CHESTNUT ST C4k1P HILL PA 17011 Rate Gfassincation. Rate N•Comm Gen Svc-Heating Billing Period: 03/19/1998 to 0412011998 (32 days) Company Read ' Your current charges include State taxes totaling S 3.04. This total includes S 1.07 gross receipts tax. G Past Bill Information The account bala Customer Numbe nce on last bill was .••,•••,•., Payments ...•,•,•• Bale Charge r S 65 21 215 505 7600 39 ....................................................... Balance as of 04/23/1998 (due now) ,......... • 0.00 If you have any questions. .. ?--- 311 Please call us at 232.18 11 .. .. , 88.32 orvisitusal1500P P. tJT Current BIII Base Ra P te Charge ............. PA Sales ............ A Sales urcharges °••••••v 21.40 Tax ........................................................ -0.OS Total Current Charges (due by 05/11/1998) ... X29 Total Amount Due ......... 22.64 ..................... $90.96 Information Average Last This year Year MCF/day 004 Daily temperature Messages{- ram GI SL Harrisburg, aK1on Next Scheduled Meter Reading may 19, 1998 NPN 215 505 7600 39 1 i • Please pay your bills --'? Promptly or your credit history may be affected. Help prevent pipeline damage, accidents and service disruptions. If digging near your home please call UGI. You see someone GIANT ??.w If you hiPay s in Keep this Person please bring your entire bill. Make check Payable to UGI Pan for your records. Important information is o , n the back of this bill ?IJJAS0NDJFMA Months 1998 r*e-r Billing Summary for Service to: 8RYKIA OLAFSSON 2771 CHESTNUT ST CAMP HILL PA 17011 Rate Classification: Rate NLomm Gen Svc•Heating Billing Period: 04/20/1998 to 05/19/1998129 days) Company Read 'Your current charges include State farces totaling S 1.54. This total includes S 0.54 gross receipts tax Customer Numbaf Past Bill Information The account balanc 215 505 7600 39 e on last bill was ............. Thank you foryourpayment of ..................... Balance as of 05/22/1998 .. S 90.96 If you have anyquesUons. 96 X96 Please call us at 232 1 ........................... . 811. 0.00 or visit us a11500 Paxton St. Harrisburg. Current Bill I Next Scheduled Base Rate Charge .......... Meter Reading ............. PA Sales Tax.. ................. ........................ Total Current Charges (d b 1 .. 10.77 June 18,"1998 - `65 ue y 06/10/1998) ... ?j N P N Total Amount Due ............................................. 215 505 7600 39 1 - $ 11.42 Last This Average Year Year MCF/day Daily temperature =° r•r rrrnrr meter Information Used = 0.0 Messages from UGI • Help prevent pipeline damage, accidents and service disruptions. If you see someone digging near your home please call UGI. If You Pay in person please bring your entire bill. Make check payable to UGI. Keep this pad for your records, Important information is on the back of this bill. UGI Utilities. Inc. Post Office Box 13009 Reading, PA 19612.3009 Please pay by the due date to avoid the late charge Please return this Portion with your payment NPN 215 505 7600 39 1 CH I Due Date I„rIll,rill/rrrrrrllr„Ilrirrl,llrr,r,Ilrllrrrrllrrrrlllrirrl June 10. 199a *************** AUTOCR ** C037 BRYNJA OLAFSSON 1 2331 CHESTNUT ST $11.42 CAMP HILL PA 17011 With Late Charge?,. I S 11.99 t is S 260 21550S7600390610010000114200005700000000000000 0000000A MJJASONDJFMAM 1997 Months 1998 AlViNk Billing Summary for Service to: BHYNJA OLAFSSON 1531 CHESTNUT ST CA11F HILL PA 17011 Rate Classification: Rate N-Comm Gen Svc-Heating Billing Period: 05119/1998 to 06/1711990 (29 days) Company Read 0 Past Bill Information The account balance on last bill was Thank you for your payment of .......... Late Charge .......................................... Balance as of 06/22/1998 ................. S 11.42 11.99 0.57 0.00 I Customer Number Current Bill Base Rate Charge ...............................................1 10.77 PA Sales Tax ........................................................ 0.65 'Total Current Charges (due by 0710911998) ... 11.42 Your current charges include Total Amount Due ............................................. $11.42 State taxes totaling S 1.54. This total includes S 0.54 gross receipts tax 215 505 7600 39 If you have any questions, grease call us at 232.1811, or visit us at 1500 Paxton SL Harrisburg. Next Scheduled Meter Reading July 20. 1998 NPN 215 505 7600 39 1 Meter Reading Information 0.401 Average MCF Per Da Meter Previous Present CCF MCF Number Reading Reading Used Used 1110856 4805 - 4605 0 = 0.0 Messages from UGI • Help prevent pipeline damage. accidents and service disruptions. If you see someone digging near your home please call UGI. JANRC OWES -4 Lya Last This A.erage teat year MCF -day 000 000 Daily temperature 621 67`F Il you pay in person p,pnse bring our enirte D.I. Liaia :neci, palawe to UGI veep in's purl for you! recores important information is on the back of this bill. J J A S 0 N 0 J F M A M J 1997 Months 1998 i Manorial fl-W-W " Part BIII Information Customer Number Billing Summary for Servic t , The account balance on last bill was ................ Payments ........ ..... S 11.44 215 505 7600 39 o e J UT .................................................. 0.00 If You have any questions. 2"21 CHESTNU T Z Balance as of 0 7/2 211 9 9 8 ° ............. I ••• (due no 057 Please call us at 232-1817. C P HILL PA .17011 ) w .............. 11.99 or visit us at 1500 Paxton SL Harnsburg. Rate Classification: Rate N-Comm Gen Svc•HeaUng Billing Period: 06.1711998 to 0 7/2 011 9 9 8 (33 daysl Current Bill Next Scheduled Base Rate Charge ......... I Meter Reading Company Read ........ PA Sales Tax .................. .... .17 1 August 18 1998 ................................... Total Current Char es d 0 65 , Your current charges include g ( ue byOB/0711 998) .... 11.42 NPN State taxes totaling S 1.54. Total Amount Due .......................................... S 23 41 215 505 7600 39 1 This total includes $ 0.54 .... gross receipts tax. 40 Average MCF Per Day 0 Meter Reading information . 0.36 Meter Previous Present Number Reading Reading UCF MCF 0.32 1110856 4805 4805 0 Used = 0.28 0.0 0.24 Messages from UGI 0.20 0.16 • Hetp prevent pipeline damage. accidents and service disruptions, If you see someone, digging near your home please call UGI 0.12 . 0 08 C~ . „ 0.04 0.00 JANRO Last This Areragc Year Yeaf WFroav 0Or. 000 Danvtempefaturr 77•F +51p It vDu pay in pe :on please bring your entoe tall Male Cheri parable 10 UGI keep tnts part ter your record& Important information is on the back of this bill. JASONDJFMAMJJ 1997 Months 1998 v. ` Customer Number be """` Past Bill Information The account balance on last bill was ............. .... $23.4 1 1 215 505 7600 39 Billing Summary for Service to: Thank you for your payment of ....................... Late Charge ........................... . .... .23.98 0 57 If you have any questions, Please call us at 232.1811 6HYNJA 2331 CHESTNUT STNUTUN ST 2331 C .. ......................... Balance as of 0812011998 .............................. ... . .... 0.00 . or visit us al 1500 Paxton CAMPHILLPA 17011 S1, Harrisburg. Rate Classification: Rate N-Comm Gen Svc•Ilealing Billing Period: Next Scheduled 0712011998 to 08119/1998 (30 days) Current Bill I Meter Reading Company Read Base Rate Charge ............................................... PA Sales Tax ....................................................... ... 10.77 .. 0.65 September 17, 1998 'Total Current Charges (due by 09108/1998) .. ... 11.42 NPN Your current charges include Total Amount Due 42 15 505 7600 391 f$11 j Slate lases totaling $ 154. ............................................ ... . r l This total includes f 0.54 Jy ? ...). . cl cor mee ..?..?^ gross receipts pts tax. . 1 n en Average MCF Per Oay Meter Reading Information _ 0.24 0.20 _- 0.16 0.12 0.08 .._ _ --.- -• 0.04 0.00 ASONDJFMAMJJA 1997 Months 1998 1110856 4605 4805 0 0.0 Messages from UGI "Help prevent pipeline damage, accidents and service disruptions. If you see someone digging near your home please call UGI. Last This Average Year Year MCF/day 0.00 0.00 Daily temperature 73`F 74'F If you pay in person please bring your entire bill. Make check payable to UGI Keep this part for your records. Important Information is on the back of this bill. UGI Utilities, Inc. Please pay by lhedue dale Post Office Box 13009 Readin PA 196123009 to avoid the late charge. Please return this portion g. with your payment mmmwwmw? r 'NPN 215 505 7600 39 1 CH I Due Date September 8, 1998 Irrrllirrrlllrrr.,rl l..,Ilrirririlrrrrrlirllr,rrllrrrrlllrlrrl =I xartratra 1tarlrtralatx*A AUTOCR ** C037 BRYNJA OLAFSSON $ 11.42 - 2331 CHESTNUT ST With Late Charge CAMP HILL PA 17011 I $ 11.99 280 215505760039090801000011420000570000000000000000000009 e m er Number e iff&ff Past Bill Information 1.6sta 215 505 7600 39 The account balance on last bill was ................. S10.84 Payments ................................................................ 0.00 If you have any questrens. Billlug Summary for Service to: Late Charge ........................................................... please oil us at 232.1811 ORYNUA &k 2331 CHESTNUT S 9E T Balance as of 10/21/1998 (due n nowow)} ................ 11.38 visit us at 1500 Pazmn. 2331 CAMP KILL PA 17011 1, Harrisburg. Please contact us by November fi. Rate Classification: ?vr?.ACb Rate NLommGenSvc•Heating Current Bill 3.C 4-v* Next Scheduled 09/17/ Period: 09!17!1998 to 1011611998 (29 days) Base Rate Charge .................................................. 10.75 Meter-Reading Pipeline Surcharges .............................................. -0.01 November 16, 1998 Company Read PA Sales Tax .......................................................... 5 'Total Current Charges (due by 11 /0611998) ..... 1 . NPN Yourcurrentcharges include 215 505 7600 39 1 Total Amount Due ...................................... ....... $22.77 Statetazestotalingf1.53. epq " ,40` This total includes f 0.54 1A vc( ?? gross receipts tax --'zO?G\pRigr Last This Average Year Year MCF/day 0.00 0.01 Daily temperature 61•F 61°F Meter Reading Information Meter Previous Present CCF MGF Number Reading Reading Used Used 1110856 4805 4807 2 = 0.2 Messages from UGI • UGI Operation Share and Entertainment Productions have joined forces to assist needy households with their energy bills. Proceeds from the sale of Entertainmenl'99 Books will go directly to the UGI Operation Share Fuel Fund. Look for the order torn included with this bill. so.eccs sl!??i?: s.u•a;6511 :p _ s11.3a1 TOTAL P9 10.00 If you pay in person please bring your entire bill. Make check payable to UGI. Keep his pad lot your records. Important information is on the back of this bill- 0 N 0 J F M A M J J A S 0 1997 Months 1998 o ' ,..y er Service?to: - Y331 I ST CAMPH GILL PA PA 17011 Past Bill information The account balance On last bill was ............ Payments ............... ... S22.77 ................. Late Charge ..... 0.00 ................................................... Balance as of 11/19/1998 (due n .. 0.7 4 ow) ............ .. 23,51 Customer Number Rate Classification: Rate N-Comm Can Svc.Healing 81111119 Period: 10/16/199e to 11/17/1996 (32 days) Company Read your current charges include Slate tams totaling S 4.26. This total includes S 1.49 gross receipts tax 215 505 7600 39 II you have any questions, please call us at 232.1811, or visit us at 1500 Paxton SL Harrisburg. Please contact us by December 9. Current Bill Base Rate Charge .... Next Scheduled ....... ......................... Pipeline Surcharges 29,97 I Meter Reading ................. PA Sales Tax ........................................................ Total Current Charges (due b 12/09/ -0. 80. December 17. 1998 y 1996) ... 31.68 NPN - ? Total Amount Due ..................... °--••••••• _ ` $55.19 15 505 7600 39 1 Meter Reading Information Avenge Last Year This Year VU/day 0.01 p p6 )ailY temperature 46°F . _ ?g°F 6 ;r?r rri ntr 2.4 Messages from UGI Please pay your bills promptly or your credit history may be affected. 'HeIP Prevent pipeline damage, accidents and service disruptions. If yous ee ne digging near your home please call UGI. someo °4- _ to Xjgrw, 44A.- ce"r (Lraao 4? ?h-+ b 1113 If you pay fn Person Please bring your entire bill. Make check Keep this Part for Your records. Payable to UGI. Important information Is on the back of this bill. UGI Utilities, Inc. Post Office Box 13009 Please Pay by the due date Reading, PA 19612.3009 to avoid the late charge. Please return this portion with your paymenL Irrrlllrrrll{rrrrrrllrrrllrlrrlsllr rr rr 11111111,11, rrr 111thd sLaYt**BtiE*** AUTOCR ** C037 BRYNJA CILAFSSCIN 2331 CHESTNUT ST CAMP HILL PA 17011 CH I Due Date December 9, 1998 at $55.19 With Late Charge $57,12 215 505 7600 39 280 215505760039120902000055190001930000000000000000000003 N D J F M A M J J A S 0 N 1997' Months 1998 rrr rrs "Cr Billing Summary for Service to: BRYNJA OLAFSSON 2331 CNESTNUTST CAMP NU PA 17011 Rate Classification: Rate N-Comm Gen Svc-Hating Billing Period: 11/17/1998 to 12/16/1998(29 days) Company Read 'Your current charges include State taxes totaling $ 5.58. 0 Past Bill Information CustomerNumber ... The account balance on last bill was .... _...... _....:..... S 55.19 215 505 7600 39 Thank you for your payment of ....................... ._.......... -54.45 Adjustments ............. __........................................ .. _......... -0.57 If you have any questions. Balance as of 12/21/1998 (due now) ........... ...... _..... please all us at 232.1811. or visit us at 1500 Paxton St, Harrisburg. Please contact us by January B. Current Bill Base Rate Charge.._. ................ _........ _...____.... Pipeline Surcharges .._..__.....?_._.... ........ __._. 39.35 013 NextSChedultd PA Sales Tax........... _.._.._...._____..__.__.__.?. _ P96.r Metef Reading 'Total Current Giarges(due by 0l/O8/1999)?._._. <4158 ,. JanUnry 19,1999 Total Amount Due . _._.._.._........ _?.... $41.75 NPN 215 505 7600 39 1 This total includes S 1.96 LE-- gross receipts tax. Meter Reading Information Last This Avenge Year Year MCF/day 0.15 0.12 Daily temperature 38°F 470F 1110856 4831 4866 35 = 3.5 meter rrevious Present CCF MCF Number Reading Reading Used Used Messages from UGI 'Give the Gift of Warmth when you donate to Operation Share the emergency fuel fund. You can help deserving families in your community through rough times during the cold winter. UGI will match your donations 50 cents for each dollar donated. See the Operation Shart brochure included with this bill. It you pay in person please bring your entire bill. Make check payable to UGI. Keep this part for your records. Important information is on the back of this bill. DJFMAMJJASOND 1997 Months 1998 ? ? rn_, Billing Summary for Service to: ORYNJA OLAFSSON 2331 CHESTNUT ST CAMP HILL PA 17011 Rate ClaS316eation: Rate N-Comm Gen Svc-Healing Billing Period: 12/16/1998 10 01/19/1999 (34 days) Company Read ' Your current charges include State taxes totaling S 25.32. Tnis total includes $ 8.91 gross receipts tax Pass Bill Information The account balance on last bill was ..........•...••, Thank you for your $41.75 Late Payment ol....... I ............ ................ •43.03 Balance as Charge of ........ 01/22/19................99 ............................................... 2.09 ............................................ Current Bill Base Rate Charge .......... ........................... PASIaIeTaxSurcharge_ .. "" """" 170.00 .............. . Pipeline Surcharges... _ ............................................. PA Sales Tax ......... .............................. ........... .............. Total Current Charges(dueby02/0971999 ....... •0.7 1 ,10 ,60 ) 1 e. 9 Total Amount Due ($188.79 Customer Num:e 215 505 7600 If You have any quest, 1`1035ec311usat232 i or Vlid us at 1500 Pawn SLHarristhwu, plcaw contact us by Fetxw , Next Schedulec Meter Reading February 18, 19 NPN 215 505 7600 39 1 Information Avers 9a Last Year This Year MCF/day 0.23 0 58 Daily temperature 3939 . ! 19.7 Mestagea from UGI • Help prevent pipeline damage, accidents and service disruptions. It you digging near your home please call UGI. sea someone D 01< Oil P& -a Can, ci. k s acs ,?3 If you pay in pars pleasa bring your entire bill. Mako chock payable F Keep this part for your rocores. Important Information Is on the bae{r-ef MdjblY. UGI Uhli6es, Inc. Post Office Box 13009 Reading, PA 19612.3009 NPN 215 505 76700"39 1 CH 1,,,Illrr,IIIr..,,,ll„.II.I.rloll ..... 11.11....III...111.1.1 at "aaarrtrr CAR-RT SORT art C-037 BRYNJA OLAFSSON 2331 CHESTNUT ST CAMP HILL PA 17011 Please Pay by the due dale to avoid the tats durge Plea to return this portion with your paymenL Due Date . February 9,199'9 : S 188.79 With Late Charge 3 5 190.23 150 21550576003902090200018a79000944000001111000000000000004 J F M A M J J A S 0 N 0 1 1998 Months 1999 Exhibit J W W H a Q E 0 0 `? Z U 0 w r w Z 0 z 0 2 J T LLl U J rn rr. o. 2 2 J ° : I Z p g 9 .. ?" . . . . h ? ¢ a tJ .7 _ Q Y ? _? _ _ N to a o z T a ¢ ; z 41 qq ? J Q tll i i v ? S Q Z L? i3 V) j ? IU ? 1 z ull „1. .;... `. =? . z 'I JJ u/ O J p ._ FO eJ ?? I? j .z . 1 r c VERIFICATION I, Robin E. Balaban, hereby state, subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities, that I am authorized to make this verification, and that the facts set forth in the foregoing, attached COMPLAINT is true and correct to the best of my knowledge, information and belief. Date: JAN COTTAGE, INC. By: &u?Jo'/? Robi E. Balaban G Mica\CL1ENM763WCRIr2 JGd/ o? '??? l' is= `r . k-? N ? 0 t0 l? l'Sl ldl ,1177ti \ `^?azavlC?? b bbt ' bt bbbl `ut8taan(? ro z a a ? b d m 0 D+ b y w N a? :i 2 o C u ro u C I: S rZ 0° u p G .u N •s /y ? ?Y. n WWN 6 V U D qq UCg 2w o v P (? v Y•Ni> R q O C . > W A ~ O kq m w ?z y ?: v ?. c 3 z^ [• z w N v a <z ?Qw a P d U H u ~ W U u ? IaN q a ° F' i c ? ti z x JANRO COTTAGE, INC., t/d/b/a The . Ice Cream Cottage & Gift Gallery, : Plaintiff V. GUDLAUG B. OLAFSSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-3082 CIVIL CIVIL ACTION PRAECIPE TO REINSTATE COMPLAINT To The Prothonotary: Mr. Long, The period for service of the Complaint in the above-captioned matter will expire Monday, June 21, 1999. Therefore, pursuant to Rule 401(b)(1) of the Pennsylvania Rules of Civil Procedure, kindly reinstate the Complaint in the above-captioned matter. Respectfully submitted. By: Date: June 16, 1999 Michael V. Brown, Esquire I.D.#79984 Balaban and Balaban 27 North Front Street P.O. Box 1284 Harrisburg, PA 17108-1284 (717) 234-3282 Attorney for Plaintiff G:\13&B\CLILNTS\763\PROTH LLTR r cr r' y. CJ "'?'J ri C1 r,1 C? JANRO COTTAGE, INC., t/d/b/a The IN THE COURT OF COMMON PLEAS lee Cream Cottage & Gift Gallery, : CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. No. 99-3082 CIVIL GUDLAUG B. OLAFSSON, Defendant CIVIL ACTION PRAECIPE TO REINSTATE COMPLAINT To The Prothonotary: Mr. Long, The period for service of the Complaint in the above-captioned matter will expire tomorrow, August 18, 1999. Therefore, pursuant to Rule 401(b)(1) of the Pennsylvania Rules of Civil Procedure, kindly reinstate the Complaint in the above-captioned matter. Date: August 17, 1999 Respectfully submitted, By: -- -- ichael V. Brown, Esquire I.D. #79984 Balaban and Balaban 27 North Front Street P.O. Box 1284 Harrisburg, PA 17108-1284 (717) 234-3282 Attorney for Plaintiff G d3 BTLIENTti\763\I'ROTI 141.1 R j 1 CJ ? cJ 7 f1l ? ? r >T l J CL 1.:.: ?: cm i 1 U Y} 2 U- 0 G1 7 p? C..) JANRO COTTAGE, INC., t/d/b/a The , Ice Cream Cottage & Gift Gallery, : Plaintiff V. GUDLAUG B. OLAFSSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-3082 CIVIL CIVIL ACTION PRAECIPE TO REINSTATE COMPLAINT To The Prothonotary: Mr. Long, Pursuant to Rule 401(b)(1) of the Pennsylvania Rules of Civil Procedure, kindly reinstate the Complaint in the above-captioned matter. Thank you. Date: September 28, 1999 Respectfully submitted, By. ? , ichael V. Brown, Esquire I.D. #79984 Balaban and Balaban 27 North Front Street P.O. Box 1284 Harrisburg, PA 17108-1284 (717) 234-3282 Attorney for Plaintiff G:1B& 131CLIIiNM763 V'R01316.1.7R C?, u.IQ c_? ,...l,r i.7t Cry '. JANRO COTTAGE, INC., t/d/b/a The . lee Cream Cottage & Gift Gallery, : Plaintiff V. GUDLAUG B. OLAFSSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-3082 CIVIL CIVIL ACTION PRAECIPE TO WITHDRAW & DISCONTINUE COMPLAINT To The Prothonotary: Mr. Long, Kindly mark the above-captioned action withdrawn and discontinued without prejudice. Thank you. Date: February 7, 2000 Respectfully submitted, By: chael V. grown, Esquire I.D. #79984 Balaban and Balaban 27 North Front Street P.O. Box 1284 Harrisburg, PA 17108-1284 (717) 234-3282 Attorney for Plaintiff G:\nK a\CLI I iN1:S\763\I'RO 1'1IG.1.1'It c ur _ _ w