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HomeMy WebLinkAbout99-03997;, .? .a ?? J a h '? v ,., ;;{ WELTMAN, WEINBERG 8 REIS, CO., L.P.A. 2601 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WE HEREBY CERTIFY THAT THE WITHIN TO BE A TRUE AND CORRECT COPY OF THE ORIGINAL FILED E IN THIS CASE $ BYW : ?_P?J,Y:.f?B RG. ///i /tell///" ATTORNEYS FCot PLAINTIFF • i -mc_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTUAL INSURANCE CASE NO: 9?-2997 (?y? 1 COMPANY, Plaintiff, V. TYPE OF PLEADING: BOSTON FINNEY JEWELRY COMPANY and COMPLAINT IN CIVIL ACTION BOSTON-FINNEY, INC. f/d/b/a BOSTON FINNEY JEWELRY COMPANY, Defendants. FILED ON BEHALF OF: Plaintiff, Nationwide Mutual Insurance Co. COUNSEL OF RECORD OF THIS PARTY: Sherry D. Lowe, Esquire Pa. I.D, #66096 WELTMAN, WEINBERG & REIS CO., L.P.A. 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR # 01516001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTUAL INSURANCE CASE NO: COMPANY, Plaintiff, V. BOSTON FINNEY JEWELRY COMPANY and BOSTON-FINNEY, INC. f/d/b/a BOSTON FINNEY JEWELRY COMPANY, Defendants. NOTICE TO DEFEND 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 an 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 232-7536 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTUAL INSURANCE COMPANY, CASE NO: 9 9- 379 7 CL"?C! -rx?- Plaintiff, v. BOSTON FINNEY JEWELRY COMPANY and BOSTON-FINNEY, INC. f/d/b/a BOSTON FINNEY JEWELRY COMPANY, Defendants. COMPLAINT AND NOW COMES, Plaintiff, Nationwide Mutual Insurance Company., by and through its counsel, WELTMAN, WEINBERG & REIS, CO., L.P.A., and hereby files this Complaint against Defendants, Boston Finney Jewelry Company and Boston-Finney, Inc. f/d/b/a Boston Finney Jewelry Company. In support thereof, Plaintiff avers as follows: Plaintiff is a corporation with a registered office located at One Nationwide Plaza, Columbus, OH 43215. 2. Defendant Boston Finney Jewelry Company is a business with a last known address of 6108-6110 Carlisle Pike, Suite 100, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant Boston Finney Jewelry Company also has a business address of P.O. Box 39691, Phoenix, AZ 85069. 4. Defendant Boston-Finney, Inc, is a corporation with a last known business address of 6345 Flank Drive, Suite 100, Harrisburg, Dauphin County, Pennsylvania 17112. 5. It is believed and therefore averred that Defendant Boston-Finney, Inc. is the Successor, Assignee and/or Parent corporation to Boston Finney Jewelry Company. 6. Plaintiff entered into a lease agreement (hereinafter "Underlying Lease") with Skyport Properties for the lease of commercial property located at 6108.6110 Carlisle Pike, Suite 100, Mechanicsburg, Pennsylvania (hereinafter "Premises"). A true and correct copy of said Underlying Lease is attached hereto as Exhibit "A" and made a part hereof. Pursuant to Article IV of the Underlying Lease, Skyport Properties granted Plaintiff the right and privilege of subleasing or assigning the Premises. 8. On or about September 18, 1996, Plaintiff entered into a Sublease Agreement with Defendant Boston Finney Jewelry Company (hereinafter "Defendant Sub-Tenant") for the sublease of the Premises for a term of three years and nine months, commencing on or about October, 1996 through June 30, 2000. A true and correct copy of said Sublease Agreement is attached hereto as Exhibit "B" and made a part hereof. 9. Pursuant to Clause 12 of the Sublease Agreement, all terms, covenants and conditions of the Underlying Lease are incorporated into the Sublease Agreement, except as otherwise expressly provided. 10. Pursuant to Clause 3 of the Sublease Agreement, Defendant Sub-Tenant was to pay rent to Plaintiff in the amount of $1,149.58 per month for the first year of the term of the Sublease Agreement, $1,184.07 per month from October 18, 1997 through September 30, 1998, and $1,219.59 per month from October 1, 1998 for the remaining term of the Sublease Agreement. 11. Defendant Sub-Tenant failed to pay rent from March, 1997 through October, 1997 and January, 1998 through present and it is believed that Defendant will fail to pay rent for the remaining term of the Sublease Agreement. 12. Defendant Sub-Tenant did pay rent for November and December, 1997. 13. At some time during the term of said Sublease, Defendant Sub-Tenant vacated the premises without notice or providing any information of Defendant Sub-Tenant's whereabouts or intentions with respect to the Sublease Agreement to the Plaintiff and constitutes an abandonment of the Premises. 14. As a result of Defendant Sub-Tenant's failure to pay rent under the Sublease Agreement for aforementioned periods, Plaintiff suffered the following damages: $9,487.46 from March, 1997 through October, 1997; $11,840.70 from January, 1998 through October, 1998; and $24,391.80 from November, 1998 through June, 2000, plus late fees, interests and costs. 15. Plaintiff is entitled to the full amount of the rent due for the term of the Sublease Agreement that has not been paid by Defendant Sub-Tenant. 16. The total amount of rent due and owing to Plaintiff as a result of Defendant Sub-Tenant's failure amounts to $45,719.96, plus late fees, interest and costs. 17. Defendant Sub-Tenant's failure to pay rent constitutes a default and breach of the Sublease Agreement and the Underlying Lease. 18. Defendant Sub-Tenant's abandonment of the Premises of the Sublease Agreement constitutes a default and breach of the Sublease Agreement and the Underlying Lease. 19. Pursuant to Article XXIII of the Underlying Lease, the lease agreement between Plaintiff and Defendant Sub-Tenant is binding upon the respective heirs, administrators, executors, successors and assigns of Plaintiff and Defendant Sub-Tenant. 20. Defendant Boston-Finney, Inc., as the Successor, Assignee and/or Parent corporation to Defendant Sub-Tenant is liable for the damages caused by Defendant Sub-Tenant under this Sublease Agreement. 21. Repeated demands for payment due and owing Plaintiff have been made upon the Defendants; however, Defendants willfully failed and refused to pay the sum due and owing to Plaintiff. WHEREFORE, Plaintiff, Nationwide Mutual Insurance Company demands Judgment against Defendant, Boston Finney Jewelry Company and Defendant Boston-Finney, Inc., in the amount of $45,719.96, plus late fees, interest and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. RESPECTFULLY SUBMITTED: WELTMAN, WEINBERG & REIS, CO., L.P.A. Shea .o e, Esqui PA I.D. # 660 Weltman, Weinberg & Reis, Co., L.P.A. 2601 Koppers Bldg. 436 7"' Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#01516001 r ?Ac/y . STANDARD FORM Or OFFICE IMASE THIS Ag9nEMENT, made by and between Skvaort•Pronerties, a Pennsvlvunia Limited Partnership , hereinafter called "Lnndlortl;' and Nationwide Mutual insurance Company, an Ohlo corporation, hereinafter called "'Ibnant!' WITNESSETH; DESCRIPTION ARTICLE 1. Landlord, subject to the conditions, agreements, regulations and rents hart, OF inafter set forth, dam let and lease to 7bnant and 76nant agrees to lease and hold, under the terms PREMISES. of this agreement, the promises (mown and described as follows; Approximately 1,780 equate feet of neE floor space an the Eirst floor of the skyoort Plaza building ("Building") et 6108-6110 Carlisle Pike, suite 100 Mechanicsburg. PA 17055 (as labeled 'Premises' on plan attached hereto as hereinaftercalledthe"Premises' Exhibit "V) TERM. ARTICLE If. 7hnant shall hold the promises for a term of Five (5) years baginninContho 1st tlayaf July ,19 95 ,and ending nnthe 30th tiny of June ,}g,7nnn,fortbototal rental of Ono hundred thirty-five thousand four hundred And_rJ -Dollnrs, payable at the rate or exhibit 'A' Dollars on the first day of such and every month. in ad• vane, during the term of this loose, to Landlord of the address specified in ARTICLE: XXII, or to such other ogont or person and/or such other location as may be specified from time to time In writing Icy Landlord. COVENANT OF ARTICLE Ill. Landlord covenants nod warrants that Landlord Is the true and lawful QUIET ENJOY. owner of Lho Promises and line gaol right anti fall power to let and loose the same. Landlord agrees MEN. thnt, contingent upon 7bnonVs compliance with the terms of title leasc,'Ibnant shell quietly and pencenbly hold, poems and enjoy the Promises for the full termaf title lonso,without any hindrance or molestation from Landlord or any parson clnimingby, throughornnder Landlord, and Landlord will defend the title to the Promises and the use and occupancy of the same by 76nant against mho Inwbd clnims of all persons whomsoever, except those claiming by or through 76nant, SUBLEASING AILT1CLE TV. Lnndlnni grants 76nant the right and privilege of subleasing or assigning AND the Promisos, provided that such anbtonnnt or assignees shell be required to fulfill all conditions ASSIGNING. of this loaso. USE OF ARTICLE V. 76nant egrem that the Promises shell be used for general since purposes PREMISES. and claims inspections by 7bnnnt, its subsidiaries, affiliated or associated companim,members of its agency fares, enbtanants nrnmignem and for noother purposes without thewritten consent of Landlord, which consent shall not he unreasonably withhold, and shall be used and occupied In a carotid, safe anti proper, mmmon nntl76nant hoe full rights and privileges of using the Promisee all hoursof doy and night, all slays of tlneweelt, subject to thelaws of the state in which the Promises ere located. ABANDONMENT. ARTICLE VI. If 76nant shell abandon and voceto the Premises before the end of the term of this loose, Landlord may, after givingfifteen (15) days' advance notice In wrttingto 76nant, at Landlord's option, enter the Premises and remove anysigna of7bnent therefrom, without such rotoltingvnidingor tcrmincting this leas Landlord shall use reasonable efforts m relet thePromism and the rentalreeeived from anchrelettingehail bocmdited against the rentdueunder this lease and, for tho purpnsm of said rulotting. Landlord is anthorized to males any ropnlrn, changes, alterations or odditions in and to the Promiaoa as may be necessary for tho purposes of roletting, REPAIR AND EaIBIT 'K'ARTtCLr VII. 7bnont 811n11 tnho rand care of the Promiacl,oml-Sentliard-ahnH sae! MAINTENANCE. own Cost and expense, mnito all Inside and outside repairs and replacements to m eas and maintain the interior and exterior of the Promises, toincludorepei enterlor andexterior paint lurfaccl once uvoryfivoyears during the term of se and nny mnewal thereof, to that all shall be In the some or similar conditio y were at the time 76nant tools p0momian of lino some and all alneln ropuln sit o c in a good and worlrmanlika manner. 71nnntsholl give to Lnndlorl oritso ptwritten noticoof anydefects ornecomary malntenancewhich may come to I on or In connection with the Promisee, and such defects shall be remedied by AUIa 3140-x • I - Exhibit "A" .,,..•,.,,•+. ^iw'lutd"•III. Landlord shell malt. all alkratior- 'Improvements necessary for the use oftho Path r general alike purposes prior to the ....Ing of the term of this feeae. Such alterations or b"iaovements shall conform to the epecificathms attached to and constituting apart sated as of this laaeI Landlord grants'Ihnant the right to Metal) such additional partitions to the Premises Exhibit 'C' or moveexistingportitions as maybe needed in the conduct ofMmont's business.Any additional psr titioninginatoiled by7bnnut ehellba deemed personalty and shell remain the pmpartyof 71nant and 7bnont may, bu t shell not be obligated to,remove any such partitioning during the term of tills loose or any renewal thereof. Landlord further grants 76nant the right and privilegoof Plecingin and upon the Premises signs, Including window lettering, placards, and paste" advertising its business)" Minent assumes responsibility far repairing in a worlrmanliho, satisfactory manner any damage to the Promises caused by the installation orremoval of such partitioning, signs, or appurtenant fixtures. .'Subj POSSESSION. ARTICLE IX. Landlord covenants and agrees to put the Premises and. , particularly, the plumbing, wiring and all building equipment in good repair and condition on or before the tint d ay of the term of this leas% and to give 76nant possession of the entire Premises In good condition and repair, not later then noon of such day. Landlord covenants and agrees that the Premiees shall comply with all lam. regulations, codes and rules of any propor authority on the day possession is given to 7bnont. In the event that the Promises are not ready for occupancy on the first day of the term of this lease, than the beginning of the lease term shell be postponeduntil the Promises am ready foraccuponry and that pro-rated portion of the rental shall not be due from Tenant In the went that the Premises erenotnedy foroccupanrywithin thirty (30) days after the first dayof the term of this lease, this lease may he tormineted, without notice, at the option of T want, and 71mant shall no longer be, bound thereby. Postponement of the beginning of the lease shell not extend the term beyond the original loose expiration data SERVICES AND T none ARTICLE X. ?asidura ' UTILITIES, el,a?Jl . at its own cost and expense, shall furnish, supply and properly maintain for 7bnant, during all hours of Intended operation, the following services, utilities and equipment: (a) bent and air conditioning properly designed to provide comfortable conditions for the intended use and the office layout, (h) electrical facilities for lighting, the operation of office machines and air Bondi. tioning, (c) Iightbulbs and/or fluorescent tubes and starters, fdl tooled drinldngwater, (e) hot end cold water in restrooms, (I) toilet tissue, soap and towels in restrooms, (g) all utilities necessary to opernk the heating, hot water, lighting, plumbing and air conditioning systems. (11 exterim Exterior maintennneeincltldingmaintainfnglnwl andshmhs In a presentable manner,(I) snow and tceromoval, shell a", dil janft"Ltor+'loed:ba provided by Landlord and reimbursed as additional rent Per Exhibit 606. 'Tenant to provide the 'fanitmfnl services shall include, lint nothalfmited to: (a) daily dusting of furniture, sweep. follaming at its sole Ing of Room, emptying of meto hesitate, disposal of nibbiah, cleaning and washinglif all reatmoma, :ostt vacmimfng of rill rarpoting, and mnppingof ell We or hard surface Noon, Oil weeltly spot removal and semi-nnnmnl overall ahnmpnn of all carpeting, (c) monthly washing of windows, door glass and tiny glass pnrtitinn,(ti) annual dryeleari ngafdmiles and weshingoflight fixniros, and(.) maintaining mailfnn t Rnnra with n water emulsion Rnnr finish Ina manner to provide, canstont good appearance with the frequency of buffing, stripping and rewaxing to he scheduled to maintain a high appearance level. Tenant agrees to pay additional rant as set forth In Exhibit 'D'. PARKING ARTTCTXXT. Aspnrtoftho Promfers,Lrindlord ngreestopmvldeparldnein the amount SPACE. non of --Aser.vlaarely ea parts fnrPoxehnlvo neo by 7bnnnt, its employees, clients, agents, suhtenant, nr ossigneas and to constantly mnlntain tba pmiring area in s safe, clean and sightly ron(lition. Snid pnrl(ingspocce nroto liolncnted tit as depleted on Ekhtbft •e' and subject to Exhibit 'E'. COMPLIANCE AirrIC1.R X11. (A) LANDLORD'S COMPLIANCE. Landlord warrants, that on the WITH LAWS. commencement Into of this Ions% the Premfnes (Including all tenant Improvements Installed by Lnndlnrill end the nuild Ing, pnrtdnglnts, common areas, elevation and entrances serving the Pmmfeu will comply with nil applicable laws, ordinances, miles, an d rogrdntions of governmental authorities, inchuling, Imt not lima tad to, Tho Americans with Disabilities Act (tho' ADA') and all regnlatlons poll nrdera prmmilgn ted pursunnt to the ADA (enlleetf vely, "Applicable Lam"). Landlord agrees to ,cuminnnildr.11wrtn'llinnnt,prinrtonrcupnneyofthePromises, any nci mpancy permits required for I.lio Inwful nrcupnnry of the. Promises. During the term of this lease, Landlard shall comply with all Applienlile. Law, mgnrdfnl; Clio Promises, nnilding, parking lots. common amps, -ek•r+ito and entrnnccn serving Clio Premises, except to the extent Ilmont must comply under subsection (B). (n) Tr NANT'S COMPLIANCE. Tinnnt shell comply with all Applicable Laws: hl regarding the phy,irnl cnnditinn ill rho Pmmises, but only CA thecxtent the Applicable Lam pertain to the particular manner in which 7bnnn t uses Cho Pmmises; and (ii) tlnnt do not relate to the Physical condition of tho Pmmisrs hilt relate to the Inwful use of Clio Promises and with which only the occupant can comply, such ns Inevs gnverning employment of disabled persons and provision of auxiliary aids minder the ADA, mnxlmttm ncciiiian y. worliplace smelting, and illegal business operations, such as gambling. ICI INDEMNITY. T,nndlnrd agrees to indemnify, defend and hold Tenant harmless from and against tiny claims, losses or cmises of action arising out of Landlord's failure to comply with any Applicable I.nws as regnired by subsection (Al, nbnvo. 7bnnnt agrees to indemnify, defend and hold Landlord harmless from and ogainat nny claims, losses orconses of action eriaingoutof 7bnnnt's failure to com. ply with tiny Applirnhlo Lam as required by aimhsectinn (n), above. .2. 1STRUCTION ARTICLE XIII. If, during the can tinuonce of this lease or any renewal thereof the entire CLAUSE. Premises or any portion of the Building be so damaged by fire or other casualtyes to be rendered un ten antabloand tits repair of such damago shall not be commenced by Landlord within thirty (30 days thereafter and completed within sixty (60) days thereafter, it shall be optional withaithorparty herato, by written notice to tho other Civon not lstart han oovonty (70) days after said tire or other casualty, to terminate this lease as of the date of such damage without further liability for rent or further obligation under this lease. It lass than the antira Premises Is rendered untenentable by fire or casualty, Landlord stroll matte and complete repairs In full within sixty (60)d By$, and In the event that such repair is not made within such time, 'Fin ant may then terminate thia loose, upon written notice to Landlord, as of the date of such damago, without further liability for rent or.further obllga. tion under this lease. In the event of damage or destruction to all or a portion of the Premises or the Building, the rent shall abate In proportion to that part of the Premises or the Building that Is unfit for use In 7bnent's business. The abatement shall consider the nature and extent of interference to'Dinanes ability to eonductbuslness in the Premisea and the need for access and essential services.Tho abate. ment shall continue from the data the damage occurred until ten (101 business days after Landlord completes the repairs and restoration to the Premises or theBuilding and provides notice to 7bnont that the repairs and restoration am completed, or until 7bnont again uses the Premises or the part rendered unusable, whichever is first. INSURANCE ARTICLEXIV.(A) PROPERTY INSURANCE. Landlord shall maintain during the term AND INDEMNITY. of this Lasso and any extensions thereof, fin and extended covaregainsurance on the Premises and the Building, Such Insurance shall insure againstdamage and destruction by first windstorm, hall, explosion, riot, aircraft, vehicles and smalta 7bnont shell maintain during the term of this Lease and any extensions thereof, appropriate Insurance (oreelf Insurance) on dl equipment and otherpenonal property of Unantlocated in the Premises. All property insurance obtained by Landlord andTbnont in accordance with this Article XIV of the Leos: shall be mitten by a financially responsible company orcomponics.(B) LIABILITY INSURANCE. Both Landlord and 7bnnnt shall maintain during Lite term of this Lease and tiny extensions thereof, eommoreinl general liability insurance policies, with amfnimum coverag: of 53,000,000 general aggregate and $1,000,000 peroccurrence for pmpartydnmage, hndlly injnrimar(leaths of persons nceurringin orabout tho Duildingnnd Premiaes Said insurnnco shall the written by o financially responsible company or companies. Upon written request, each party shall provido tho otherporty with certificates of Insurance, evidencing thellablBEy, coverage required by this Article XTV of Lite Loose. (C) WAIVER OP SUBROGATION. Anything In this Lasso to Lite contrary notwiLhstanding. Landlord and 7bnont onch waive any and all rights of recovery, claims, actions or rnnsra of action, ngninat tho other, Its ngents, office", or employees, Inr any loss ordamngo t.IhaL cony occur to tlhoPmmises, Buildingoranypersonal pmpertyof such party therein, rogarllose of colmo or origin, Including ties negligence of Landlord or%nent, their agents, orficora or employees, 10 (j) any such loss or damngo Is covered by insurance benefitting the party sufforingsnch loss or damogo ar (ii) is required to be covered by insurance pursuant to thhSLease. (D) INDEMNITY. Unless due m Landlord's negllCence or willful misconduct,7bnont shall protect, indamnify, dofond and hnhl Landlord hnrmloss tram nny and all cost, loss, damage, liabilityorexpenso arising nut nt, ar cmrnerted with, Injury or dnrnngo, includingdanth, to persons or propertyoeeurr• Ing on the Promises, or arising mitt of any act ar omission of 7bnont, its :gents, officers, employees or invitees. Unless (hio to'lbnant's negligence or willful misconduct, Landlord shall protect, indemnify, defend and hold glmmitbormluss from any and all cost, loss, damage, liability or expense prising not of, or conncctod with. Injury ordamage. includingdeath, to persons or property occurr- log in or around tits Building, common areas or pnrlting lot, cr arising out of any actor omission of Landlord, its agents, officers, employees or invitees. CONDEMNATION. ARTICLE XV. If Lite whole of the Promises, or such portion thereof as will make the Premises unusuable for the purposes herein leased, as determined by 74nant, be condemnedby any legnlly constituted authority firmly public use or purpoao, then, in eithor of said events, the term horaby grontad shall conso from tits time when posscssinn thereof to taken by public authorities and rental nhnll ho nemmmimd (nrbotwoon landlord and 76nant as of that data Such termination, hnwovor, shall Its witlmnt projudico to Lite rights of either Landlord or'lbnont to recover compen- antinn and domaco caused by condemnation tram the condemnor. It is further understood and agrood that noiLhor'Ibnnnl: nor Landlonl shall have any rights in any award mode to the otherby any condemnation authority. INSPECTION OF ARTICLE XVI.'Ibnont agrees thatI.nndlord or Lnndlord's agents orreprmentatives shall. PREMISES. a Loll nasnnabletimea,fhavefree access to the Premises for the purpose of examining and inspecting tho condition of tho some or form okingrepai"or exerrlsinc cnyright orpower rierved to Landlord ender the Lorms nr this ionae DEFAULT BY AIITICLE XV 11, If default shall be made by7bnant in the performance of the provisions TENANT. and conditions of this lease, and such default shalt have continued for thirty( 0) days after written notch thereof tins bean fumisbcd to lbnont, than Landlord, In addition to all other remedies now or homelier nfforded or provided by law, may, at its election, have the right to reenter the Premises and the some to Ihnvo again, repossess and enjoy. DEFAULTBY ARTICLEXVIfLIfdefault shall be made by Landlord In the perroemaneeof theprovislons d default have performance ocontinued for thirty (30) Landlord's days after duties mitten obligations shall Lite LANDLORD. and thin conditions loese of and loose, Iofa tinder notice -0- thereof has bem . shed to Landlord, then 'Anent, in e.J,...,n to all other remedies now oi• hereafter afforded or provided bylaw. may, at its election, perform such provision or condition on bell elf of Landlord, or meke'good any such default, and any amount which 7bnant shall adwnco or expend Pursuant thereto shall be repeld by Landlord to Tenant on demand, and, If Landlord shell not repay any such amount upon demand. Tbnont shall have tha privilego of deducting Dome, from the next installment or Instollments of rent to seems under this leas Notwithstanding ARTICLE XITI, when Landlord's default prevents occupancy of the Premises by 7bnant, Tenant may take immediate steps necessary to main the Premise9 habitable for 7hnant'a employees. TAXES. ARTICLP XTX. Landlord agrees to pay alltael estate taxes, assessments and municipal taxes assessed against the Premises during the period of this leasd Tenant shell pay ell personal property taxes and license fees assessed against it or its property on the promises. -Tenant egreas to to reimburse the pro-rata share of all the above par Exhibit <D<. OPT1ONTO ARTTCLE XX. Lendloud-hereby-gents-to-76nentthe-optten-to-renew-thio-leace-tea RENEW. shall remain in the Premises after the expiration of thisleesowithouthavinggiven Landlord notice In writingnf7bnenVa fntentlantormaw, much holdingoverehall becons trued as atenencyfrom month to month, subject to thapaymentof allrentln advance at therateprovided herein as effective during till, last month of the demised term. SURRENDER OF • ARTTCLr XXT. Mment agrees to surrender the Premises at the end of the term of this PREMISES. lease or any renewal thereof in as good order and condition as the some now are or may be put by Landlord, except for reasonable use and ordinary weer and tear, the elements, damage by fire, smoke or explosion (regardless of how nr by whom any much damage may be caused) or by any rinavordnhlo or unforeseen callsa Tn no event shell the foregoing be construed to require 7bnsnt to point the Premises. NOTICE. ARTTCT.r XXTL All notices, demands or requests required under this lease shell be in writing call shall he deemed to have been properly given if sent by United States certified mail, pnstngo prepaid and addressed, if to Landlord at Sty t o?"; n••r•< .. c t n _ on nox.%Ip and, if to Tbnenk shall be in duplicate, nddreesed to Ono Natinnwide Plaza. P.C. Box 1559, Columbus. Ohio 49216, Attention Properties De.volnpment-Lensing and fn Na ttonelde Insu renal, . P.O. sex 2655. Harrisburg. PA 17105, ATTN: Office Services Hanagar or nt. meth nthor address as Lnndlnrd or Tbnant may from time to time designate in writing. SUCCESSORS ARTTCLRXXTIT,This lonsoshnilbohindingnpnnandimlmtothehenefitoftherespective AND ASSIGNS, heire,administrators, executors, enecossnrsandassigneaftheparties hereto. This leasesbalinotbe effective nrhiniling n firm Llindlonl orTbnant unless signed by a duly authorized representative of each pnrty hereto HAZARDOUS ARTICT.BXXIV.Lnndinnlrepnosente nndwannnts toTbnont that; A)Thapremises andthe SUBSTANCES, lWildinginwhich LhoPmmisesnrelocated orefine fmmTiazerdnns Substances.Thetem $'Hezsnious Snbstnncea" inchules,hnt it is not limited to, all chemicals or substances classified as "hazardous" or "toxic." under Clio Cnmprohonelvo Tinvimnmontul nosponso, Compensation and Liability Act, 42 U.S.C. §9Enl, otseq., Lim Reannmo Cnnservatinn and ReenveryAct, 42 U.S.C. §6991 etseq.,oranyather ennlirnhln rrdnml. atntn nrlnrnllnwnrmmdntinn."linxanlnns Substances" shall also Include asbestos nrnther hydrnearhnne.lii Nn Ifoxnrdnne Subatnnerzhavuhecn stated in the Premises, the Building or I:hn nuiidingeito. wlintharinlinrmis.tnnlrs fnbnvo nrl,nlow gmundl, cgnipmentor nthercontninam; or spilled, deposited, released; or Incited in or an land, waters, sumps or in any otherport of the Pmmisna, the Building or the nnilding alto; incorporated intn structures; or otherwise existing thnrenn, C) The Pmmises, the Building and operations thereon are not in violation of any law, mgulntinn ar arderminting to environmental protection; and no governmental entity has issued any notice claiming that the Promises, the Building or the Tlldlding site or any operation or condition thmmnn vinlntes any such Inwor is nthorwise In need of mpairor cleanup thereunder. 7ennnt shrill notuse, store, generate, treat, transport, nrdispose of anyFazardous Substance In tho Promises, tho nnildingnr tho Building eita withmtt fimt nbtniningLandiord's written approval. Notwithstanding any prevision in this Lease to the enntrory, if at any time Tenant rennnnnhly determines that the presence of Unzordmta Snhstances in the Premises, Building or Building situ will affect the mdtebillty of the promises forTbnont's proposeduse, orthatLandlard's cleanup activities will unroosonnhly interfere with the operation of 7bnent's business, Tenant shall hnvo the option of terminating this Leasnupon 30 days written notice to Landlord.mmantshall incur on farther linhility for rant nr other eiwrges under this Lease because of such termination: Upon .4. atermination. nd compensation for Tenant improvements and fixtures Installed by Rnant at Its coat prior to termination. Landlord shall indemnify and hold 7bnont harmless from any and nil cost, clnims, damnnds ar expanses arising from the usa generation, storage, treating, existone , transportation or disposal of liazardous Substances In the air, water, soil orIn,on,or about the Premises ornuilding, or Building site, Including any and all government or agency action orrequests. Notwithstanding thepoceding sentence, 7bnantsholl be solely liable for, and shall indemnify end hold Landlordherndess from, any introduced into the and , water, soil o claims, demands or exanses arising from Hazardous Substances n9 on. or about the Premises, Building or Building vita by 7bnant, air SIGN. ARTICLE XXV. Landlord flip shown on o the attached Tight to Install E hibIVSireandlocatlonaholl•j corporate aignagq per the sign gap 6e mutually determined byLendlord ond'Ibnart end by the specifications established by the gwer• ring body for the location of the premises. ENTIRE ARTICLEXXVI. This Agreement, Including attached Exhibits 'A• through AGREEMENT. 'x' represents the entire undorstonding lietween the parties concerning the Premises. Whenever used, the singular number shall Include the plutel, the plural shall Include the singular, any gender shall include all genders. 76nant shall Include successors and assigns and Landlord shall Include heirs, pereonalreprosentativea, successor and assigns,whoseobugations and liabilities shall be joint and several. SIGNATURES ON NEXT PAGE •fi- IN WITNESS WHEREOIR, Landlord and 71nant have hereunto set their hands as of the •?+ ? dayof M_ lfl . TN- ? WNDtAaO ?/ 7? (WN0WROTAXPAY23100 21-2412163 1 !AL INSURANOE COMPANY TENANT "+E: - -' ' Prepare (YP Landlord's sigrAture must Ills witnessed by edgment below must be completed, X INDIVIDU LANDLORD'SACENOWLEDOEMENT STATE Or ) SS: COUNTYOr ) That going Instrument Was acknowledged before me tilts day oF,lOw?? ,by , Mary E!lan?ey NNapry PtClk Notnry : .- Campla9 Notart ntedwq COUnP My COmrxf.Um FS as 5as L2t. 14 MYcnmmlaeinnoxDlroe - , MglDSt Pentti)MrAv FsxrJ/an of W pan COILI'ORATE I.AND1.011D'S ACICNOW LEDCEMENT STATE Or COUNTYOP ) SS: Tbo foregoing instrument wne nclmowledged before me this day of (Name) ,or on behalf ('11dol (Company) nI LIw rnrpnrntion. Notnry Public My commission expires , TENANT'S ACICNOWLEDGrT4 NT STATE017011T0 ) SS: COUNTY OP rRANRLIN ) The foregoing lnstru/hent was acknowledged before me tills 26th day of April ,19 95 ,by _ Craig A. Thomas - Associate Vice President- Proe°rtiaa Development & Staff Services of Nationwide Mutual Insurance Company on bohalf of the corporation. Notary Public My commission expires F' ^ • ' K%KPS :O STAY ?I-/j •i SUBLEASE THIS AGREEMENT, made this 1M day of Se tep mber, 122.6, by and between NATIONWIDE MUTUAL INSURANCE COMPANY, an Ohio corporation, hereinafter called "Sub-Landlord", and BOSTON FINNEY JEWELRY COMPANY, hereinafter called "Sub-Tenant". WITNESSETH: WHEREAS, Sub-Landlord has heretofore entered into a Lease Agreement dated April 21. 1995, with SKYPORT PROPERTIES ("Landlord"), for approximately IM square feet of floor space located at 6108-6110 CARLTSLE PIKE, ITT 100, MF AM B TR PENNSYLVANIA, (hereinafter called the "Underlying Lease"), a copy of the Underlying Lease being attached hereto as Exhibit "A" and made a part hereof; and WHEREAS, Sub-Landlord desires to sublet to Sub-Tenant and Sub-Tenant desires to sublet from Sub-Landlord a part of the premises that are demised by the Underlying Lease (hereinafter called the "Demised'Premises."); NOW, THEREFORE, THE PARTIES HERETO INTENDING TO BE LEGALLY BOUND HEREUNDER, MUTUALLY AGREE AS FOLLOWS: 1. PREMISES. Sub-Landlord hereby sublets to Sub-Tenant and Sub-Tenant hereby sublets from Sub-Landlord approximately IM square feet of net usable floor space that is demised by the Underlying Lease, as shown on the attached Exhibit. 2. TERM. The term of this Sublease shall be for a period of ;wears andl9 months, beg' • g October 1, 1996 , and ending June 30. 2000. o ccu.PgNt j OTT i i M6 3. RENT. Sub-Tenant covenants and agrees to pay to Sub-Landlord, as rental for the Demised Premises, the sum of $1.149.58 per month, which sum shall be payable on the first day of each and every month during the first (1st) year of the term hereof. Commencing October IT 1997 until September 30, 1998, Sub-Tenant shall pay Sub-Landlord the sum of $1,184.07 per month. Commencing October 1, 1998 until the end of the term, Sub-Tenant shall pay Sub-Landlord the sum of $1,219.59 per month. Said rent shall be paid without abatement, deduction or setoff whatsoever, in lawful money of the United States of America, at the office of Sub-Landlord at Q= Nationwide Plaza Columbus Ohio 43215 Attention: Properties Development-Leasino, 1-20-06, or at such other place as Sub-Landlord may designate from time to time. 4. USE. Sub-Tenant shall use and occupy the Demised Premises for the purpose of general office space and for no other purpose. 5. SERVICES. Sub-Tenant, at its own cost, will furnish its o"m telephone system. Sub-Landlord agrees to provide all other services shown in Articles X of the Underlying Lease. Exhibit "B" 6. INDEMNIFICATION. Sub-Tenant hereby indemnifies Sub-Landlord and agrees to save Sub- Landlord harmless from and against any and all claims, actions, personal injury and/or damage to property arising from or out of any occurrence in, upon, or at the Demised Premises unless such injury or damage is due to the negligence of Sub-Landlord, d d ? $ CS? 7. PARKING. Sub-Tenant shall have the right to use the following parking spaces: 4 spaces in r .0. common parkine lot Further. Sub Tenant shall have the right to use twenty (20) + (Al s) spaces-1- r?.,I ; ; f?a 4ffiQ evenineWer week. as long as those spaces are available, 8. ASSIGNMENT AND SUBLETTING. Sub-Tenant shall not, without the prior written consent of Sub-Landlord usign this Sublease nor shall it be assigned by operation of law or otherwise, not shall Sub-Tenan4ublet the Demised Premises. r\ l?/+.` X r/luc?,t?•.l( reT ?e- Un",S,n&b wi4.k,eI1 Cs? 9. NOTICES. All notices, demands or requebts required under this agreement shall be in writing and shall be deemed properly given if sent by United States Certified Mail, postage prepaid and addressed, if to Sub-Landlord, shall be given to One Nationwide Plaza, Columbus, Ohio 43215 Attention Properties Development-Leasing, 1-20-06, and if to Sub-Tenant at Boston Finney Jewelry Company, 6108-6110 Carlisle Pike, Suite 100, Mechanicsburg, PA and in duplicate to Jim Naughten, P.O. Box 39691, Phoenix, AZ 85069, or at such other address as Sub-Landlord and Sub-Tenant may from time to time designate in writing. 10. SURRENDER OF PREMISES. If it becomes necessary that the Sub-Landlord shall have need of the Demised Premises for its own use during the term of this Sublease, the Sub-Tenant hereby agrees to surrender said Demised Premises upon thrur- j months' writtenlnotice from the Sub- Landlord. sTS t,r,l ".0) G,v?' 6r e,. S p t ?,.°v •N f? r_- 0. -l r t?',,? L. Qjr), CC ern 11. TERMINATION. If, for any reason,-the Underlying Luse termiCIIA? nates, this Sublease shall terminate as of the date the Underlying Lease temtinates and the rent for that month shall be prorated and Sub-Landlord shall refund to Sub-Tenant any overpayment of rent. 12. UNDERLYING LEASE. Except as othen%ise expressly provided herein, all terms, covenants and conditions of the Underlying Lease are hereby incorporated in and made part of this Sublease, and such rights and obligations that are contained in the Underlying Lease are hereby imposed upon the parties hereto, Sub-Landlord being substituted for the Landlord under the Underlying Lease and Sub-Tenant being substituted for the Tenant thereunder; provided, however, that Sub-Landlord shall have no obligations to Sub-Tenant with respect to work, services, repairs, repainting or restoration or the performance of any and all other obligations to be performed by Landlord under the Underlying Lease. It is understood and agreed that the performance by Sub-Landlord of any of the terms, covenants and conditions of this Sub-Lease and the Underlying Lease shall be subject to and dependent upon the performance by Landlord under the Underlying Lease of all the terms, covenants and conditions, express or implied, imposed on Landlord under the Underlying Lease. It is further understood and agreed that Sub-Landlord shall be under no obligation or liability whatever to Sub-Tenant in the event that Landlord under the Underlying Lease shall fail to perform any of the terms, covenants or conditions therein imposed upon Landlord. 13. MISCELLANEOUS. This Sublease shall bind the heirs, successors, and assigns of the parties hereto and shall be construed in accordance with the laws of the State of Pennsvly nia. IN WITNESS WI3EREOF, the parties have caused this Agreement to be executed as of the day and year first above written. WITNESS.- -1,1,6 /z? NATION E MUTUAL INSURANCE COMPANY By. ttire Crai A. Thomas Associate Vice President Properties Development and Staff Services ZWEL% C MPANY WITNESS: aMe n STATE OF OHIO COUNTY OF FRANKLIN SS: /0 -CG On this day of-fQ&pg tt' . 1996, before me personally appeared the above named Nationwide Mutual Insurance Company, an Ohio corporation, the Sub-Landlord in the foregoing Sublease, by Craig A. Thomas, personally known to me, its Associate Vice President, duly authorized by said corporation and acknowledged the signing of and affixing of the corporate seal to the foregoing Sublease to be his voluntary act and deed for and as the act and deed of the corporation and that the Sublease was so executed and delivered by authority of the Board of Directors of said corporation. In testimony whereof, I have hereunto subscribed my name and affixed my official seal on the day last aforesaid. Notary Public NOY INDIVIDUAL SUB-TENANT'S ACKNOWLEDGMENT STATE OF Aq COUNTY OF M o SS: On thisA-B%ay of ?-g F >k_, 19 6, before me personally appeared the above named 04ZI-Ir_ ?F? the Su{-Tenant in the foregoing Sublease, personally known to me and individually separately acknowledged the signing of the foregoing Sublease and acknowledged that the signing and delivery of the same were voluntary acts and deeds. In testimony whereof, I have hereunto subscribed my name and affixed my official seal on the day last aforesaid. NOTARAL SEAL JUDITH A MARTIN. NoUry PublIC South MiddieTo Te.:. C.-mbedand C Public CORPORATE SUB-TENANT'S ACKNOWLEDGMENT STATE OF COUNTY OF SS: On this _ day of 19_, before me personally appeared the above named a corporation, the Sub-Tenant in the foregoing Sublease, by personally known to me, its , duly authorized by said corporation and acknowledged the signing of and affixing of the corporate seal to the foregoing Sublease to be his voluntary act and deed for and as the act and deed of the corporation and that the Sublease was so executed and delivered by authority of the Board of Directors of said corporation. In testimony whereof, I have hereunto subscribed my name and affixed my official seal on the day last aforesaid. Notary Public VERIFICATION PAGE The undersigned does hereby ve 'fy subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities, that?/she is l t!n_ 2a li ° of Nationwide Mutual Insurance Company, Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. Dehh%? L?'n/L2, r r> >- .?: ;:- ?•. ? .. ??- ?,? ,,, ,- - ; :: ?' ?, . ,, ? ., ?? .: C) ,.,' V -?- ?" 4 ?? J n? `?.' ? \ 4 ?I SHERIFF'S RETURN - REGULAR CASE NO: 1999-03997 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONWIDE MUTUAL INSURANCE CO VS. BOSTON FINNEY JEWELRY CO ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon BOSTON FINNEY JEWELRY COMPANY FDBA BOSTON FINNEY JEWELRY INC the defendant, at 16:06 HOURS, on the 1st day of July 1999 at 6108-6110 CARLISLE PIKE SUITE 100 MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to CHRISTOPHER MEE (OWNER) a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers- Docketing 18.00 Service 6.82 Affidavit .00 Surcharge 8.00 R-Tnamas KTine; e i ,S32. 82 EIT MAN , WEINBERG & REIS 07/02 1999 r by X1/1 "I pu y S eri Sworn and subscribed to before me this ?L day o 19qq A.D. ?o o a y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTUAL INSURANCE COMPANY Plaintiff vs. BOSTON FINNEY JEWELRY COMPANY and BOSTON-FINNEY, INC. f/d/b/a BOSTON FINNEY JEWELRY COMPANY Defendants No. 99-3997 Civil PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Sherry D. Lowe, Esquire PA I.D. #66096 Waltman, Weinberg & Reis, Co., L.P.A. 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 W W R#01516001 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTUAL INSURANCE COMPANY Plaintiff vs. Civil Action No. 99-3997 Civil BOSTON FINNEY JEWELRY COMPANY and BOSTON-FINNEY, INC. f/d/b/a BOSTON FINNEY JEWELRY COMPANY Defendants PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, Boston Finney Jewelry Company, above named, in the default of an Answer, in the amount of $45,990.52 computed as follows: Amount claimed in Complaint $45,719.96 Interest from June 29, 1999 to August 4, 1999 at the contract interest rate of 6.00% per annum $270.56 TOTAL $45,990.52 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Sherry D.L we,Esq 're W W R#01516001 Plaintiffs address is: c/o Wellman, Weinberg & Reis Co., L.P.A., 2601 Koppers Building, 436 71" Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: Boston Finney Jewelry Company 6108-6110 Carlisle Pike, Suite 100, Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTUAL INSURANCE COMPANY Plaintiff vs. Civil Action No. 99-3997 Civil BOSTON FINNEYJEWELRY COMPANY and BOSTON-FINNEY, INC, f/d/b/a BOSTON FINNEY JEWELRY COMPANY Defendants NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $45,990.52 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary ' By: J ?G(f f tkr -- PROT ONOTA Y(8R DEPUTY) VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A By. Sherry D. L e, EsguiPA I.D. #66096-- •? 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 W W R#01516001 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTUAL INSURANCE COMPANY Plaintiff vs. Civil Action No. 99-3997 Civil BOSTON FINNEY JEWELRY COMPANY and BOSTON-FINNEY, INC. f/d/b/a BOSTON FINNEY JEWELRY COMPANY Defendants IMPORTANT NOTIIC TO: BOSTON FINNEY JEWELRY COMPANY 6108-6110 Carlisle Pike, Suite 100 Mechanicsburg, PA 17055 Date of Notice: July 23. 1999 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MIY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT H ME A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND IOUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 232-7536 WELTMAN, WE REIS CO., L.P.A. Pa ID 466096 By Sherry D. Lo quire W WR #01516001 ?o .? ? ?_ _ ? ? ? ?, ?_ ??_ ??. ?? - ?? ? ?? ? ,, _, R , ?;; ? ? ? ? <..?,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTUAL INSURANCE COMPNAY Plaintiff vs. No. 99-3997 Civil NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION BOSTON FINNEY JEWELRY COMPANY and BOSTON-FINNEY, INC. f/d/b/a BOSTON FINNEY JEWELRY COMPANY Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHERRY D. LOWE, ESQUIRE PA.ID#66096 WELTMAN, WEINBERG & REIS CO., LPA 2601 Kopper Building 436 Seventh Avenue Pittsburgh, PA 15219 W W R#01516001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTUAL INSURANCE COMPANY Plaintiff No. 99-3997 Civil VS. BOSTON FINNEY JEWELRY COMPANY and BOSTON-FINNEY, INC. f/d/b/a BOSTON FINNEY JEWELRY COMPANY Defendants NOTICE OF TAKING OF DEPOSITION UPON ORAL EXAMINATION TO: CHRISTOPHER MEE BOSTON FINNEY JEWELRY COMPANY 6108-6110 CARLISLE PIKE, SUITE 100 MECHANICSBURG, PA 17055 Take notice that the Deposition upon oral examination of Boston Finney Jewelry Company for the discovery of assets in aid of Execution, pursuant to Pennsylvania Rules of Civil Procedure 3117, 4001, et. Seq., will be taken in the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2601 Koppers Building, 436 Seventh Ave., Pittsburgh, PA 15219 on January 6, 2000 at 2:00pm and at any adjournments thereof. The scope and purpose of the examination will be to discover the existence and whereabouts of any and all assets real and/or personal of the Defendant. The deponent is instructed to bring all books, records, documents, contracts and all other papers relevant to the inquiry and which may be necessary to answer questions concerning assets of the Defendant. These documents should include, but not be limited to, all Federal and State tax returns, bank statements, canceled checks, for the last three years. WELTMAN, WEINBERG & REIS, CO., L.P.A. By: \ SHERRY D. N, SQUIRE Attorney for Plaintiff 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 L'J C7 N -? _t c, GY. _. m &i UJ. Ci `I' _ Y '??IIJ L O o? U 8 SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-03997 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONWIDE MUTUAL INSURANCE CO VS. BOSTON FINNEY JEWELRY CO ET AL R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: BOSTON FINNEY JEWELRY COMPANY FDBA BOSTIN FINNEY JEWELRY INC but was unable to locate Them in his bailiwick. He therefore returns the NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION NOT FOUND , as to the within named defendant BOSTON FINNEY JEWELRY COMPANY FDBA BOSTIN FINNEY JEWELRY INC . DEFENDANT IS NO LONGER IN BUSINESS AT ADDRESS STATED, RETURN NOT FOUND AS PER ATTORNEY 12/1/99 Sheriff's Costs: So answer;-s. / ? Docketing 18.00 Service .82 Z Not Found Return 5.00 Surcharge 8.00 Tomas ine, err $37-.= WELTMAAN, WWEINBERG & REIS 12/02/199 Sworn and subscribed to before me this j day of /eua Gc" 19 A.D. row Tot no Ear IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTUAL INSURANCE COMPNAY Plaintiff VS. No. 99-3997 Civil NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION BOSTON FINNEY JEWELRY COMPANY and BOSTON-FINNEY, INC. f/d/b/a BOSTON FINNEY JEWELRY COMPANY Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHERRY D. LOWE, ESQUIRE PA. ID#66096 WELTMAN, WEINBERG & REIS CO., LPA 2601 Kopper Building 436 Seventh Avenue Pittsburgh, PA 15219 W W R#01516001 YRW 00" TaftaN l?eufdPlillw aw no r? ? 11, UP Pw , . , Pa. r . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTUAL INSURANCE COMPANY Plaintiff No. 99-3997 Civil VS. BOSTON FINNEY JEWELRY COMPANY and BOSTON-FINNEY, INC. f/d/b/a BOSTON FINNEY JEWELRY COMPANY Defendants NOTICE OF TAKING OF DEPOSITION UPON ORAL EXAMINATION TO: CHRISTOPHER MEE BOSTON FINNEY JEWELRY COMPANY 6108-6110 CARLISLE PIKE, SUITE 100 MECHANICSBURG, PA 17055 Take notice that the Deposition upon oral examination of Boston Finney Jewelry Company for the discovery of assets in aid of Execution, pursuant to Pennsylvania Rules of Civil Procedure 3117, 4001, et. Seq., will be taken in the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2601 Koppers Building, 436 Seventh Ave., Pittsburgh, PA 15219 on January 6, 2000 at 2:00pm and at any adjournments thereof. The scope and purpose of the examination will be to discover the existence and whereabouts of any and all assets real and/or personal of the Defendant. The deponent is instructed to bring all books, records, documents, contracts and all other papers relevant to the inquiry and which may be necessary to answer questions concerning assets of the Defendant. These documents should include, but not be limited to, all Federal and State tax returns, bank statements, canceled checks, for the last three years. WELTMAN, WEEINNBBERRG & REIS, CO., L-P.A /C N,? a" 1 By; SHERRY D. L SQUIRE Attorney for Plaintiff 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 C If Ira:! OF 7 ... SlIrRIFF OFFIC.. ,. r cIl!• ^ a 05PM'g9 Nou 22 Hvt' i 0e? ?, r j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTUAL INSURANCE COMPANY Plaintiff No. 99-3997-CIVIL PRAECIPE FOR WRIT OF EXECUTION (Bank Attachment only) Against Boston Finney Jewelry Company BOSTON-FINNEY JEWELRY COMPANY and BOSTON- FINNEY, INC. dlbla BOSTON FINNEY JEWELRY COMPANY VS. Defendants PNC BANK, N.A. and MELLON BANK, N.A. Garnishees FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHERRY D. LOWE, ESQUIRE PA ID 66096 Wellman, Weinberg & Reis, Co., LPA 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR401516001 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTUAL INSURANCE COMPANY Plaintiff vs. Civil Action No. 99-3997-CIVIL BOSTON-FINNEY JEWELRY COMPANY and BOSTON- FINNEY, INC. d/b/a BOSTON FINNEY JEWELRY COMPANY Defendants PNC BANK, N.A. and MELLON BANK, N.A. Garnishees PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of Cumberland County: 2. against Boston Finney Jewelry Company, Defendant 3. against PNC Bank, Garnishee 4. against Mellon Bank, Garnishee 5. Judgment Amount $45,990.52 ? Interest at the rate of 6% per annum from 8/9/99 to 11/22/99 on $45,990.52 $793.80 SUBTOTAL: $46,784.32 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A By: ( 17 \? SHERRY U ??0(E_ QUIRE PA ID 66096 Wellman, Weinberg & Reis, Co., LPA 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434.7955 DATED: WWR#01516001 n V E , le IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTUAL INSURANCE ) No. 993997 Civil COMPANY ) Praecipe for Appearance Plaintiff(s), ) Code: 200 Execution vs. ) BOSTON FINNEY JEWELRY COMPANY ) Filed on Behalf of Garnishee AND BOSTON FINNEY INC. F/D/B/A , ) Mellon Bank, N.A. BOSTON FINNEY JEWELRY COMPANY ) Defendant(s), ) Counsel of Record for this Party: vs. ) Barbara Davis Paisley, Esquire MELLON BANK, N.A., ) PA I.D. No. 44687 Garnishee. ) Mellon Bank, N.A. Legal Department 850 Mellon Bank Center Philadelphia, PA 19101 (215) 553-0292 writsl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE TO: Office of the Prothonotary One Courthouse Square Courthouse Carlisle, PA 17013-3387 Sir: Kihdly enter my appearance on behalf of Garnishee, Mellon Bank, N.A. 'Barbara Davis Paisley, Esquire Mellon Bank, N.A. Legal Department 850 Mellon Bank Center Philadelphia, PA 19101 writsl Certificate of Service I, Barbara Davis Paisley, hereby certify that a true and correct copy of this Praecipe for Appearance has been served upon the following by depositing it in the U. S. fAail, postage prepaid, this day of Sherry D. Lowe, Esquire Weltman, Weinberg & Reis Co., LPA 2601 Koppers Building 436 Seventh Ave. Pittsburgh, PA 15219 Barbara Davis Paisley, Esquire wntsl Y LM N uj? 0004 O 7 C;. ? :. rtlu?l ? _• SHERIFF'S RETURN - GARNISHEE CASE NO: 1999-03997 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND NATIONWIDE MUTUAL INSURANCE CO VS BOSTON FINNEY JEWELRY CO ET AL And now DAVID MCKINNEY --,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 1419:00 Hours, on the 27th day of December , 1999, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BOSTON FINNEY JEWELRY COMPANY FDBA BOSTIN FINNEY JEWELRY INC, in the hands, possession, or control of the within named Garnishee MELLON BANK 2 WEST MAIN ST. MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to HADDIE SPIDLE, MANAGER personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 .00 00/00/0000 Sworn and subscribed to before me this / . / a-- day ofd .2Lgj) A.D. ?/L vice r_ 711, re Prothonotary By Deputy Sher'iff' - t. SHERIFF'S RETURN - GARNISHEE .N CASE NO: 1999-03997 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND NATIONWIDE MUTUAL INSURANCE CO VS BOSTON FINNEY JEWELRY CO ET AL And now DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 1425:00 Hours, on the 27th day of December-, 1999, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , BOSTON FINNEY JEWELRY COMPANY FDBA BOSTIN FINNEY JEWELRY INC, in the hands, possession, or control of the within named Garnishee BANK 2 EAST MAIN ST. MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to STACEY EBERSOLE, SERVICE MANAGER personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So answers,.: Docketing .00 00 % ,.../ Service . Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 00/00/0000 Sworn and subscribed to before me _ this j t _ day of >n"o A.D. BY Q%l Z -? 1L ? Deputy Sheri f P'fothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTAL INSURANCE COMPANY Plaintiff VS. No. 99-3997-CIVIL PRAECIPE TO SETTLE, DISCONTINUE & END AS TO GARNISHEES ONLY BOSTON FINNEY JEWELRY COMPANY and BOSTON-FINNEY, INC. f/d/b/a BOSTON FINNEY JEWELRY COMPANY Defendants PNC BANK and MELLON BANK Garnishees FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Sherry D. Lowe, Esquire PA ID #66096 Wellman, Weinberg & Reis, Co., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 W W R#01516001 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTAL INSURANCE COMPANY Plaintiff vs. Civil Action No. 99-3997-CIVIL BOSTON FINNEY JEWELRY COMPANY and BOSTON-FINNEY, INC. f1d1b1a BOSTON FINNEY JEWELRYCOMPANY Defendants PNC BANK and MELLON BANK Garnishees PRAECIPE TO SETTLE DISCONTINUE AND END AS TO GARNISHEE ONLY TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter upon the records of the Court and mark the cost paid as to Garnishee PNC Bank and Mellon Bank, only. Sworn to and sub oribed Before ma the _ flay of Feb ua , 2000 t `p NOTAR UBLIC ? Notarial Seal Gina L. Duncan-Miller. Notary Public Pittsburgh, Allegheny County My Commission Expires April 9, 2001 WELTMAN E EIS CO., L.P.A. By Sherry quire PAID #66096 Waltman, Weinberg & Reis, Co., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 W W R#01516001 Member, Pennsylvania Association of Notaries li PJ i i } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION NATIONWIDE MUTUAL. INSURANCE COMPANY, Plaintiff vs. No. 99-3997-CIVIL PRAECIPE FOR EXEMPLIFIED RECORD BOSTON FINNEY JEWELRY COMPANY and BOSTON-FINNEY, INC. f/d/h/a BOSTON FININEY JEWELRY COMPANY, Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHERRY D. LOWE PA I.D. #66096 Wellman, Weinberg S Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh. PA 15219 (412) 434-7955 WWR#01516001 1 IN TIIE COURT OI' COMMON PLP.AS 01: CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONWIDE MIITAL INSURANCE COMPANY, Plaintiff No. 99-3997-CIVIL vs. BOSTON FINNEY JEWELRY COMPANY and BOSTON-FINNEY, INC f/d/b/a BOSTON FINNEY JEWELRY COMPANY. Defendants PRAECIPE FOR EXEMPLIFIED RECORD TO THE PROTHONOTARY: Kindly provide an exemplified record in order to transfer the judgment to another state entered in the above captioned case. Please provide a certified copy of the judgment under triplicate seal and the docket entries. WELTMAN, WEBVBERG & REIS CO., L.P.A. 13Y? -s Sherry D. Lowe PA. I.D. 1#66096 Weltntan, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7"' Avenue Pittsburgh. PA 15219 (412) 434-7955 WWR##01516001 !T. CJ i7 yr Ci U U R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned ABANDONDED. No action has been taken in the last six months. Sheriff's Costs: Docketing $18.00 Law Library .50 Prothonotary 1.00 Service 11.68 Garnishee 18.00 Surcharge 32.00 Levy 40.00 Poundage 2.43 $123.71 Sworn and subscribed to before me This /Z 4- d/ay. _o 11 ? 2000, A. D. ` Th.aO,_, gQa?y Pn thonotary .14., ., Advance Costs: $150.00 Sheriff's Costs: 123.71 $ 26.29 So Answers: R. Thomas Kline, Sheriff BY 6 D put Sheriff 661 Rd so ? 17.130 ti NO NO V A: Oj jjili?H:i 3.t1 3J 3."WO a9o14L, ?u-•`i P ysc, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-3997 COUNTY OF CUMBERLAND) CIVIL W CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Nationwide Mutual Insurance Company from -Boston-Finney Jewelry C Y ry ompany and Boston-Finney, Inc. d/b/a Boston Finney Jewelry Commnv (t) You are directed to levy upon the property of the defendant(s) and to sell DEFENDANT(S) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of PNC Bank, N.A. and Mellon Bank, N.A. as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garntishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of he defendant(s) or otherwise disposing thereof; (3) Ilproperlyofthedefendant(s)notlevieduponansubjecttoattachment isfoundinlhepossessionofanyoneother than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $45,990.52 L L $.50 at the rate of 6`} per annum from 8 Interest -on $45 9-90 52 /9/99 to 11/22/99 -5.-2,93.80 Due Prothy ct no Any's Comm _% Other Costs Ally Paid -_ $143.14 Plaintiff Date: December 21, 1999 Curtis R. Prothonotary, Civil Division by: -- REQUESTING PARTY: Deputy Name Weltman, Weinberg & Reis Co., L.P.A. Address: 2601 Koppers Building 436 Seventh Ave. ---2'?ttsbmgh;--Pfi 15?}9 - Attorney for: Telephone: _(gj2) 4'+_ g--M5 Supreme Court ID No. 66096 R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNYR.ANDERSON Chief Deputy PATRICIA A. SHATTO Real Estate Deputy June 28, 2000 Mellon Bank 2 West Main Street Mechanicsburg, PA 17055 Dear Sir, Re: Nationwide Mutual Ins. Co. VS Boston-Finney Jewelry Company and Boston-Finney, Inc. No. 1999-3997 Civil Term Writ of Execution Pertaining to Attachments made on accounts in the name of Boston-Finney Jewelry Company and Boston-Finney, Inc., in the above entitled action, please be advised as of this date, June 28, 2000 all attachments have been lifted by authority of the Cumberland County Sheriff's Office. Thank-you. cc: Sherry Lowe, Arty for Pltff. Boston-Finney Jewelry Company,Deft. Mellon Bank,Gam. So answer>;; ,I R. Thomas Kl ine, Sheriff E S By G' 7.? t n L ?•c • . eputy heriff R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor of (CumbPr4 l?Y° ', ;;: Ord OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 June 28, 2000 PNC Bank 2 East Main Street Mechanicsburg, PA 17055 RONNY R. ANDERSON Chief Deputy PATRICIA A. SHATTO Real Estate Deputy Re: Nationwide Mutual Ins. Co. VS Boston-Finney Jewelry Company and Boston-Finney, Inc. No. 1999-3997 Civil Term Writ of Execution Dear Sir, Pertaining to Attachments made on accounts in the name of Boston-Finney Jewelry Company and Boston-Finney, Inc., in the above entitled action, please be advised as of this date, June 28, 2000 all attachments have been lifted by authority of the Cumberland County Sheriff's Office. Thank-you. cc: Sherry Lowe, Atty for Pltff. Boston-Finney Jewelry Company,Deft. PNC Bank,Garn. So answers: R. Thomas Kline, Sheriff eput Sheriff r,.