HomeMy WebLinkAbout99-04321
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MARK G. CALDWELL and : IN THE COURT OF COMMON PLEAS
MARTIN L. GRASS, t/a : CUMBERLAND COUNTY, PENNSYLVANIA
DOUBLE M DEVELOPMENT CO.,
Plaintiff
V. NO. 4321 CIVIL 1999
CHELSEA SETTLEMENT AGENCY OF
HARRISBURG, INC., : CONFESSION OF JUDGMENT FOR
Defendant : POSSESSION OF REAL PROPERTY
RULE TO SHOW CAUSE
AND NOW, this day of Auyust, 1999, upon consideration of
the averments set forth in the Petition to Open Confessed Judgment
for Possession of Real Property filed by the Defendant in this
matter, the Plaintiff, Mark G. Caldwell, Martin L. Grass, t/a
Double M Development Co., is directed to appear and show cause why
the relief set forth in the Petition should not be granted and the
confessed judgment opened.
Rule returnable days after service. Defendant is
directed to serve this Rule upon Plaintiffs. All proceedings are
stayed pending further Order of this Court.
By the Court,
J.
(6) Notice of the entry of this order along with a copy
of the Motion shall be provided to all parties by Defendant.
(7) All proceedings to stay pending further Order of this
Court.
James R. Clippinger, Esquire
3631 North Front Street
Harrisburg, Pa. 17110-1533
Thomas W. Scott, Esquire
218 Pine Street
P.O.Box 886
Harrisburg, Pa. 17108
By the Court,
4
Edward E. Guido, Judge
qq
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C= ?' Fi Cn" r' V NARY
JJ SFp
MARK G. CALDWELL and
MARTIN L. GRASS, t/a
DOUBLE M. DEVELOPMENT CO
V.
CHELSEA SETTLEMENT AGENCY OF
HARRISBURG, INC.
IN THE COURT OF COMMON PLEAS OF\
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4321 CIVIL TERM
AND NOW, this 23RD day of SEPTEMBER, 1999, upon
consideration of the averments set forth in the Petition to Open
Confessed Judgment for Possession of Real Property filed by the
Defendant IT IS ORDERED AND DIRECTED AS FOLLOWS:
(1) A Rule is issued against Defendant to show cause why the
requested relief should not be granted.
(2) Defendant shall file an answer to the Motion within
fifteen (15) days of service.
(3) The Mction shall be decided under Pa. Rule of Civil
Procedure 206.7.
(4) Any depositions shall be completed within thirty-five
(35) days of this order.
(5) Briefs shall be filed in chambers by the close of
business on Friday, November 19, 1999, and argument shall be held
on Wednesday. December 1. 1999. a 11.00 a m in Courtroom #5 of
the Cumberland County Courthouse, Carlisle, Pa,
MARK G. CALDWELL and
MARTIN L. GRASS, t/a
DOUBLE M DEVELOPMENT CO.,
Plaintiff
V.
CHELSEA SETTLEMENT AGENCY OF
HARRISBURG, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4321 CIVIL 1999
CONFESSION OF JUDGMENT FOR
POSSESSION OF REAL PROPERTY
ORDER OF COURT
AND NOW, this day of 1999, the Confessed
Judgment entered in favor of Plaintiff and against Defendant in
this matter on July 15, 1999 is hereby opened pending further Order
of this Court. All proceedings are stayed until such time as the
rights of the parties have been judicially determined after a full
hearing.
By the Court,
J.
MARK G. CALDWELL and
MARTIN L. GRASS, t/a
DOUBLE M DEVELOPMENT CO.,
Plaintiff
V.
CHELSEA SETTLEMENT AGENCY OF
HARRISBURG, INC.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4321 CIVIL 1999
CONFESSION OF JUDGMENT FOR
POSSESSION OF REAL PROPERTY
PETITION TO OPEN CONFESSED JUDGMENT FOR
POSSESSION OF REAL PROPERTY
AND NOW, comes the Defendant, Chelsea Settlement Agency of
Harrisburg, Inc., pursuant to the provisions of Pa.R.C.P. § 2959,
and moves this court for issuance of a Rule to Show Cause as to why
the Judgment by Confession in this matter filed July 15, 1999
should not be opened, and in support thereof sets forth the
following:
1. The Defendant/Petitioner, Chelsea Settlement Agency of
Harrisburg, Inc., has a valid and meritorious defense to the
confessed judgment filed by Plaintiff.
2. Paragraph 2 "Premises" of the Lease Agreement entered
into between the parties (Attached as Exhibit A to the Confession
of Judgment) provides:
The Lessor does hereby lease unto the Lessee
approximately 6000 square feet of office space
consisting of a portion of Unit 5 together
with the common elements appurtenant thereto,
situate on the 5th floor of a five-story
office building known as 1000 North Front
Street, Wormleysburg, Cumberland County,
Pennsylvania. The premises are generally
described on Exhibit "A" attached hereto and
made a part hereof (the "Premises"). However,
on or before the commencement date, Lessor and
Lessee shall specifically measure the exact
square footage which shall then be
memorialized in an appropriate Memorandum and
Attachment to this Lease Agreement.
3. At the time the Lease Agreement was entered into between
the parties, the demising walls separating the leased premises from
the remainder of the fifth floor of the building had not yet been
constructed.
4. After execution of the lease, and prior to occupancy of
the premises by Defendant, Chelsea Settlement Agency, the demising
wall was constructed.
5. In violation of the express terms and conditions of the
lease, Plaintiff /Lessor did not "specifically measure the exact
square footage" of the premises covered by the lease, nor was a
Memorandum and Attachment to the Lease Agreement setting forth the
exact square footage of the Lease Agreement ever prepared by
Plaintiff /Lessor or executed by Plaintiff /Lessor.
6. There has been no default by Defendant/Lessee, Chelsea
Settlement Agency, in payment of rent to the Lessor.
7. Paragraph 4 of the Lease Agreement entitled "Minimum
Rent" provides that rent is to be an annual sum equal to $20.00 per
square foot "of the square footage of the premises which is finally
determined prior to possession."
8. From and after the time that Defendant/Lessee, Chelsea
Settlement Agency, took possession of the property, up to and
including May 30, 1999, Chelsea Settlement Agency paid rent to
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Plaintiff /Lessor at the rate of $10,000 per month, calculated based I
upon a 6,000 square foot leased premises. (6,000 square feet at
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$20.00 per square foot = $120,000 annual rent divided by 12 equals
$10,000 per month.)
9. In light of the failure of Plaintiff /Lessor to conduct an
adequate survey of the actual square footage subject to the lease
after construction of the demising wall, and to provide a
Memorandum and Attachment to the Lease Agreement as required by the
Lease Agreement, Defendant/Petitioner, Chelsea Settlement Agency,
conducted its own square foot survey in May of 1999.
10. The square foot survey of the actual demised premises
conducted by Defendant/Lessee, Chelsea Settlement Agency,
established that the lease premises were actually only
approximately 4,150 square feet.
11. As of May 15, 1999, when Chelsea Settlement Agency made
its last rental payment in the amount of $10,000 per month to the
Plaintiff, Chelsea Settlement Agency had paid $90,000 in total rent
to the Plaintiff.
12. Based upon the actual square footage of approximately
4,150 square feet, the actual annual rental payment should have
been $83,000 (4,150 square feet times $20.00 per square foot) and
the actual monthly rental payment should have been $6,916.66.
13. As of May 15, 1999 when Chelsea Settlement Agency made
its last rental payment, Chelsea Settlement Agency should have paid
only $62,249.99.
- 3 -
14. As of May 15, 1999 when Chelsea Settlement Agency made
its last rental payment, Chelsea Settlement Agency had overpaid
Plaintiff the amount of $27,750.
15. In consideration of the fact that Chelsea Settlement
Agency had overpaid rent during the first nine months of the lease,
Chelsea Settlement Agency withheld rental payments during the
months of June, July and August of 1999. Total rental for those
three months, calculated at the proper square footage, amounts to
rental in the amount of $20,750. As of the time of the filing of
this Petition, Plaintiff has still overpaid in rent approximately
$7,000, an amount sufficient to cover the rent for the month of
September 1999.
16. On or about June 29, 1999, Louis S. Frank, President of
General Title & Trust Company, parent corporation of Chelsea
Settlement Agency of Harrisburg, Inc., advised the Plaintiff /Lessor
that it was serving written notice that the Lessor had defaulted
under paragraph 18 of the Lease by overcharging for rent and also
providing notice of the Lessee's intention to terminate the Lease
under paragraph 18(v). (Exhibit A attached hereto and incorporated
herein by reference)
17. As of the date of the filing of this Petition to Open,
all rents due and payable by the Lessee under the Lease have been
timely made.
18. The Lessee is not now and never has been in default of
any material provision of the Lease.
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19. The Lessor has been enriched by virtue of the advanced
payments pursuant to the Lease made by the Lessee.
20. There is no basis upon which the Lessor/Landlord can
claim a default of the Lease.
21. If Lease payments are accelerated as requested by the
Confession of Judgment filed by the Lessor, the Lessor will be
unjustly enriched.
22. The Lessor's claim for attorney's fees and costs is not
authorized by their Lease Agreement, is inappropriate, and would
resolve in unjust enrichment to the Lessor.
WHEREFORE, Defendant, Chelsea Settlement Agency of Harrisburg,
Inc., respectfully requested this Court to issue a Rule to Show
Cause addressed to Plaintiff, Double M Development Company,
directing them to show cause why the confessed judgment should not
be opened and to stay all proceedings during pendency of these
proceedings.
Respectfully submitted,
W
/ c
Thomas W. Scott, Esquire
Killian & Gephart
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108
(717) 232-1851
Attorney I. D. #15681
Dated: August 16, 1999
Attorneys for Defendant
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EXHIBIT "A"
JUL-02-99 FRI' 09:57'AM CALDWf DEVELOPMENT FAX NO, 717 7?4 0979 P 02
77 _
I TRUST C°-._.................
24262 BROADWAY AVE. • CLEVELAND, OH 44146 • 440/232.5511 • FAX 4401232.1601 • 1.800/344.7446
June 29, 1999
Mark G. Caldwell
Double M Development
434 North Front Street
Worrttlaysburg, FA 17043
Re: Lease between Double M Development & Chelsea
Settlement Agency of Harrisburg, Inc.
Dw Mr. Caldwell:
This letter shall serve as the required written notice that the lessor has defaulted under the
Paragraph 18 of the lease. The nature of the default is the overcharging of rent,
Since you have already verbally told us that you will do nothing about this, let this letter
also serve as our notice to terminate the lease under paragraph I S(D).
Very Truly Yours,
'1.o Lr . rrankn
LSF:sjm
cc: Torn Scott, Esq., Killian & Gephart
VERIFICATION
I hereby verify that the statements of fact made in the
foregoing document are true and correct to the best of my
knowledge, information and belief. I understand that any false
statements therein are subject to the penalties contained in 18
Pa.C.S.A. §4904, relating to unsworn falsification to authorities.
(-?yyy raa art, Offi Manager
Qhe aea Sett ement Agency f Harrisburg, Inc.
Dated:( 1999
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CERTIFICATE OF SERVICE
I, THOMAS W. SCOTT, ESQUIRE, do certify that I served a true
and correct copy of the within document upon the following by
depositing a copy of same in the United States mail, postage
prepaid, addressed as follows:
James R. Clippinger, Esquire
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA 17110-1533
0
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Thomas W. Scott, Esquire
Killian & Gephart
218 Pine Street
P. 0. Box 886
Harrisburg, PA 17108
(717) 232-1851
Attorney I. D. #15681
Dated: August 16, 1999
Attorneys for Defendant
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MARK G. CALDWELL and
MARTIN L. GRASS, t/a
DOUBLE M DEVELOPMENT CO.,
Plaintiff
Vs.
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* IN THE COURT OF COMMON PLEAS OF
* CUMBERLAND COUNTY, PENNSYLVANIA
*
*
*
* No. Civil 1999- A/,3a/ ?
*
CHELSEA SETTLEMENT AGENCY OF *CONFESSION OF JUDGMENT FOR
HARRISBURG, INC., * POSSESSION OF REAL PROPERTY
Defendant
CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY
Pursuant to the authority contained in the warrant of attorney as contained in the Lease
Agreement, l appear for the Defendant, Chelsea Settlement Agency of Harrisburg, Inc., and confess
judgment in ejectment in favor of the Plaintiffs against the Defendant for possession of the real
property described as follows: being a portion of the fifth floor, Suite 501, 1000 North Front Street,
Wormleysburg, Cumberland County, Pennsylvania, 17043.
At attorneys fee of S 1,000.00 is demanded as authorized.
Date: 1?)11l°tq?
89-374/614 Y
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MARK G. CALDWELL and
MARTIN L. GRASS, tla
DOUBLE M DEVELOPMENT CO.,
Plaintiff
vs.
* IN THE COURT OF COMMON PLEAS OF
* CUMBERLAND COUNTY, PENNSYLVANIA
*
s
*
* No. Civil iggg-#--.Qt '-o
*
CHELSEA SETTLEMENT AGENCY OF *CONFESSION OF JUDGMENT FOR
HARRISBURG, INC., * POSSESSION OF REAL PROPERTY
Defendant
NOTICE
TO: CHELSEA SETTLEMENT AGENCY OF HARRISBURG, INC.
A judgment by confession for possession of real property has been entered against you and
in favor of the Plaintiff without prior notice and hearing based upon a confession of judgment
contained in the Lease allegedly executed by you. The Sheriff may remove you from the property
any time after thirty (30) days after the date in which this notice was served on you.
You may have certain legal rights to defeat the judgment or to prevent your being removed
from the property. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT MUST BE
FILED WITHIN THIRTY (30) DAYS AFTER THE DATE IN WHICH THIS COMPLAINT IS
SERVED ON YOU OR, YOU MAY LOSE YOUR RIGHTS.
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
Cumberland County Courthouse
One Courthouse Square, 4" Floor
Carlisle, PA 17013
(717) 240-6200
CA)4 WELL & KEARNS
By: \\. Qv
=1es Clippinger uire
ID No. 071
Attorney for Plaintiffs
Date: 'JUL 1 5 1999 3631 North Front Street
89-374/601 Harrisburg, Pennsylvania 17110-1533
(717)232-7661
MARK G. CALDWELL and
MARTIN L. GRASS, Ua
DOUBLE M DEVELOPMENT CO.,
Plaintiff
VS.
CHELSEA SETTLEMENT AGENCY OF
HARRISBURG, INC.,
Defendant
* IN THE COURT OF COMMON PLEAS OF
* CUMBERLAND COUNTY, PENNSYLVANIA
*
*
* No. Civil 1999
* CONFESSION OF JUDGMENT FOR
* POSSESSION OF REAL PROPERTY
CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY
PURSUANT TO Pa. R.C.P. 2970
AND NOW, comes the Plaintiffs, Mark G. Caldwell and Martin L. Grass, trading as Double
M Development Company, (hereinafter "Double M") by and through its attorneys, Caldwell &
Kearns, and makes the following Complaint against Defendant, Chelsea Settlement Agency of
Harrisburg, Inc., (hereinafter "Chelsea") stating in support thereof as follows:
2.
3.
Plaintiffs, Mark G. Caldwell and Martin L. Grass, trading as Double M Development
Company, are a Pennsylvania partnership, with its principal place of business located at 434
North Front Street, Wormleysburg, Cumberland County, Pennsylvania, 17043. (Incorrectly
designated on the Lease Agreement as Suite 500.)
Defendant, Chelsea Settlement Agency of Harrisburg, Inc., is a corporation organized and
existing under the laws of the State of Ohio, having a place of business located at Suite 501,
1000 North Front Street, Wormleysburg, Cumberland County, Pennsylvania, 17043.
On or about August 6, 1998, Double M and Chelsea did enter into a certain Lease Agreement
whereupon Double M did lease certain premises, a portion of the fifth floor, being Suite 501,
1000 North Front Street, Wormleysburg, Cumberland County, Pennsylvania, 17043, to be
used by Defendant Chelsea for office space pursuant to and according to the provisions of
said written Lease Agreement. A true and correct copy of said Lease Agreement is attached
hereto, marked Exhibit "A" and made a part hereof by reference thereto.
4. As stated in paragraph I of the Lease, the term of the lease was to be for a period of five (5)
years commencing on August 15, 1998.
5. The Lease Agreement provided for rent to be paid on the fifteenth (15'h) of each and every
month of the term of the lease.
6. The lease has not been assigned.
7. Judgment for monetary damages or in ejectment have not been entered in this or any other
jurisdiction.
8. This judgment is not being entered against a natural person in connection with a residential
lease but against a corporate defendant in connection with a corporate lease.
9. Defendant Chelsea failed to pay the rental due on the fifteenth (15ih) day of June, 1999.
Thereafter, written notice of default was provided to Defendant Chelsea by service in accord
with the lease on June 29, 1999. A copy of said Notice is attached hereto, marked Exhibit
"B" and made a part hereof by reference thereto. Said Notice was served by facsimile and
by overnight mail on June 29, 1999. A copy of the facsimile confirmation sheet is also
attached hereto as Exhibit "B" hereinbefore identified.
10. The event of default was not cured within said period and therefore a default has occurred
as of July 12, 1999.
11. Thereafter Defendant Chelsea has furthermore failed to timely pay the rent due for July,
1999.
12. A demand for possession of the leased premises is made as authorized by the warrant and
confession as set forth in paragraph 16E of the lease.
13. A demand for judgment and ejectment is made so authorized by the lease and the
Pennsylvania Landlord and Tenant Act.
14. A reasonable attorney's fee is demanded as authorized by the Warranty of $1,000.00
WHEREFORE, Plaintiffs demand judgment by confession for possession of the leased
premises being a portion of the fifth floor, Suite 501, 1000 North Front Street, Wormleysburg,
Cumberland County, Pennsylvania, 17043.
Respectfully submitted,
CALDWELL & KEARNS
By:
Akomey D No. 07119
Atto for Plaintiffs
r
Date: 3631 North Front Street
89-374/609 Harrisburg, Pennsylvania 17110-1533
(717)232-7661
VERIFICATION
[,MARK G. CALDW ELL, Managing Parinerof Double M Development Company, hereby
verify that the statements made in the foregoing document are within the personal knowledge of the
undersigned, arc true and correct and as to the facts based on the information of others, the
undersigned, atierdiligcnt inquiry, believe it to be true. And, further, that I signed this Verification
on the recommendation of my attorneys, who advise me that the allegations and language in this
document are required legally to raise issues for resolution at trial, by the Court, or by continuing
investigation and preparation for trial. I understand that some of these allegations may prove
inappropriate after investigation and trial preparation are complete and I leave determination of these
matters to my attorneys on their advice.
I understand that all statements herein arc made subject to the penalties of 18 Pa. C.S.A. §
4904, relating to unswor falsifications to authorities.
DOUBLE M DEVELOPMENT COMPANY
By: 11441 K u ?
Mark G. Caldwell, Managing Partner
Date: JUL 1 5 1999
%9-374/617
Am-G6-98 FR1 10109 AM CALDWELL DEVELOPMENT FAX NO, 717 731 09,719 P.02
'.JELL 6 K9PrafS TO 717'731 OV79 iB90.??6 ?? pscs P.Ca3/mss
TWS UME AGRF T is made sad entered =to this 4_ day ofAugust,
1998, try turd between DOIIBLB M DEVELOPMENT, a Pemrsylvaois general patmership. with a
principal place of business located at 434 North Front Street, Wenmlaysburg, C=berland Coturty
Femsylyania617043, hetei i4terrefenedto as'l=sor", zmd CI E,LSP.A SM`MEbflWr AUUN y
OF HARRISBURG, INC., an Ohio corporation, with its principal place ofbosinem to be located at
State 500,1000 North Front Sttoct, Wormlcyebur& Pernsylvnda,17043, hereinafter referred to as
'Lessee."
. .. VJITN?SS.E27I: .
In consideration ofthe mutual promises hereinafter set forth, the parties do hereby agree to
the following:
1. TEEM Tire'teim of this Lease shall be for a Period of five (5) Yeats beginning on
August 15, 1999, and tffmi at* on the last day of the calendar month of five (5) years themIker..
2. Tf&Eha PC, The Lessor does hereby lease unto the LASSae approximately 6000
square feet of office space consisting of a Portion of t3nit 5 together with the c=uon elements
appurtenant thereto, situate on the 5th floor of a five-story office building known aS 1000 North
Front Street, Womdaysburg, Cumberland County, Peausyivarae• The Premises are generally
described on Exhibit "A" amcbed beteto and made s part hereof (the"Premisesl. However, on or
before the commencement date, Lessor and Lessee shall specifically measure ibe exact square
footage which shall they be memorialized in au appropriate Memorandum and Adwhtncut to this
Luse Agreement. .
It is fruthemorc noted that Lessor gall create an approprietc demising wall(s) to
create said leased premises aluch work will be expeditiously pezfoaned upon execution of this lease
but may nat be completed prior to the eommencemeot date but, it is anticipated will be completed
reasonably protrytly thereafter. .
3. P0,%U&%dbL possession of the premises by Lessee is cantetupleted to begin on
or before August 15,1999 and sballbe delivered by Lessor on said data subject to oompletion of the
said demi9iAg wall(s)..
EXHIBIT
A
ZO'd 6L60 ISL L1L 'ON XVd iHU0130 113MOlVO Wd mo nu 66-51-1f1f
AUG-06-98 FRI 10:09 AM , CALDWELL DEVELOPMENT FAX NO, 717 731.0979 P.03
- , 11CQC,l4.JELL 6 u6MiN6 TO '72, 711 CAT" ig9 ,09-06 08:59 aim Y. b?imr.
4, bMMWT 1 T. The Lessee sball pay to the Lessor as a nliaiuumr rent for the
Premises the annual sum in advance in equal monthly installments equal to 520.00 per square foot
of the equme footage of the premises which is finally determined prior to possession. However, for
each and every your of the lease, after the taltial year them shall be an increase of three (31%) percent
hi,the maual rowel payable in equal monthly installments. Accordingly, effective on >be first day
of the l3th mouth of the terns, the minimum rent payable for the second year of the term shall be
increased throe (3%) percent and for each subsequent year (12 month period) by another three (3%)
percent for each and every subsequent year thereafter.
Said ttmt aball be paid without deduction or offset and without prior demand thereof in
sdvanco an or before the l Stb day of each and every month during, the term of this lease. Any rent
not received within ton (10) days from the duo date shall be subject to a five (50/a) percent late
charge, payable on at batbm the payment due the following month. Said rent is exclusive of stry
other obligatiod of the Leases botetn pttavided. be addition, the Lessm shall promptly pay, or
reirnbtttce Lessor, if T- arser olwta to pay, all reasonable attorneys fees, expenses and corm costs
incurred in connection With the collection of any delioqueot rents and any other sums due to Lessor
tinder this lose.
In addition, Lesser ebaU pay the Lessor, upon execution of this Agreement, the rent for the
fuss monk of the tsrm and em additional mouth's rent to be held as security deposit for the full and li 4! c ^, i
timely fulfillment by Loam of aU its obligations hers under. Said security deposit shall be remitted
W L4weee by Lettaor within thirty (30) days after tam uatiou of this lease unless chsrgcd thereon for ttt
any damages occeudonod by Lessee in excess of ordinary wear and tear.
S. SERVICES. Tneluded in the atmual minimum real provided herein is the paymem
for host, air conditioning, electricity for normal office use, adequate lavatory and toilet facilities for
both cases, hot and cold water for drinking or personal sroitary and 61L'attin9 purposes, sanitary
sewer, trash removal, Merrior and interior window cleaning, elevator acrvices and all normal
common area tnabttemnee charges. The fore®oiag services shall be pcrferlncd by Lessor and shall
be provided during normal working horns. Lessor reserves the right to stop or saspend any or all
scr-Accs for the purposes of repa(r. alterations or improvements and ahhall not be liable for any loss
or damage suffered by Lessee as ate stilt thereof: except in cases of emergency, such stoppage or
suspension shall be only for such aperiod or periods of time as is reasonably necessary to malce
6L60 1£L LIL 'ON Xd3 1N3WdO13A30 113MGIVO Wd 9121 f1H.1 66-91-IAP
,_,:...7
AUG-06-98 FRI 10 10 AM CALDWELL DEVELOPMENT FAX No. 717 731 0979 P. 04
r'ROI{ •CS'yILWElI B ItEPRNe TO 717 731 0979 1996.0e-ca
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wydy r.•w.<a
tepaiM replacements, improvements end inspections. Any discontinuance shall be at the least
possible interference with Lessee's enjoyment and use of the leased premises and the conduct of ztx
business thereon.
is. nPFR A7'rN(; 1?XPFNSH WAI ATM d r'OH'^`?OTyT ARRA k"AtArr?>` T/'.e
In tabulation of the amtual base rent, Lessor has allowed five ($5.00) dollars per aquare foot for
Utilities, wee, expenses and nntmal common area charges. To the extent ghat the aggregate of such
costs shall exceed five ($5.00) per square foot of the premises, then, in that event, Lessee shall pay
to Lessor the amount that the operating expenseg shall exceed five (S5.0o) per square foot of the
Premises after the. first twelve (12) months of oocupanee. During the fast twelve (12) Months of
occupancy there aballbenooperatingexpenseadjustment. Thereafter,duringthesecond twelve (12)
month period and each successive twelve (12) month period, if the operating mpensses exceed five
(55.00) per square foot of the premises, then Lessor shall notify Lessee witbin ninety (90) days after
the annual period and Lessee shall pay any such aggregare increase in operating expenses to Lessor
in a lump aum within thirty (30) days after said notice. Such expenses shall be allocated to be
operating expenses on the basis of the area of the prerniscs bears to the portion of Unit S. Lessee
aclmowledges the obligation to pay the operating expense increases shall extend beyond the term
or extended germ of this Leese. Lessee's obligation to pay Lessor for increase in operating expenses
as heroinbefore descrtbad, shall be deemed additional rent and the obligation to pay additional icat
shall survive the teimiuation or expiration of this lease.
7• This lease is expressly subject to all present and -t9 ture
mortgage or other seemity mstr r nears encumbering Unit 5 specifically including the purcbwe
money mortgage for Unit 5 by and between Lessor and Dauphin Deposit Bank and Twist Coat XUW.
Upon tvnucn. request from Lessor, Lessee ag<ezs, within fifteen (I5) days to execute sutcb documents
as may be required by Lessor or Lessor's moitgagee.to oonfhm and substantiate such subordtasaon
Notwithstanding ft foregoing, any future mortgagee shall warrant that as long as Lessee does not
wrongfully withhold the payment of reat or fail in the performance of any of the terms, covenants
and conditions ofthis leave that said present or future mortgage will not dishub Lessee's possession
ofthe Ieased premises andthat Lessee shall and may peacefully and quietly have, hold and enjoy the
leased premises for the term of this lease or any renewal thereof.
S. 1?IATNTPNAN(,?r ANTS R?ppiR Lessor, through the Unit Owners' Association.
PO 'd 6L60 IEL LIL 'ON XVJ INDdO13A30 113MOlVO Wd 5I:EI nHI 66-5[-1flf
euu,run-an rttl. 10,10 AM CALDWELL DEVELOPMENT FAX NO. 717 731 0979 P. 05
!-YOM :CprD LL G "SFRNS 70 717 0,J?9 19 ,0006 bp.?bp Mlos ?. w..,•
shalt keep And maint4n the building, together with the adjoining WaU Paddng areas. Suess drives
and grounds in good and servioarble repair and condition, including snow reaioyal, ordinary weer
and tear accepted. The maintenance rtsponsibility of Lessor, through the Unit Owners' .Association,
for the building, together with the adjoining walks, parking arras, access drives and grounds. shall
be the same standard as other first class afimee building s located within the lfattisbtng aze& Interior
decoration of the (cased premises, to include wall eovernngs, floor coverings and the like, shall,
however, be the responsibility of Lessee, after the oocupanay date; Provided, however, that damage
to the building, together with the adjoining walks, parking areas, access drives and grounds;
occasioned by acts of Lessee, its agents, contractors, guests, subtenants or invitees, shall be repaired
by Lessor as a charge to lessee and payment thereof shall be collectable as additional rent
hereunder. Lesser shall be responsible fcr the negligence of its agents, employees and contractors.
Lessor through the Unit Owners' Association shall be responsible, for const actual components of
the building. Lessor shall repair any latem or patent defects discovered during the first year of
occupancy and reported to Lessor by Lessee.
9. Ct]AII]t 71aN AF f'RF T A a QATS t RP7?^U Upon nommenACTuent ofthe term
of this lease. Lessee is taking the possession of the leased premises shad be deemed to be
acknowledged by Losses that the leased premises are in the same condition as they existed at the
time of the execution of this lease. Any exceptions must be spocifieally agreed upon in writing
between the parties, otherwise, the premises leased in an "as is" conditiom.
10. The Executive Board of the Unit Owners'
.Associati= reserves the right prraaam to the Declaration and Bylaws to promulgate rules and
regulations in conneritlon with the use oftbe building. This lease is specifically subject to all future.
rules and regulations promulgated by the Executive Board.
11. ALTEBAJSOLniB. Lessee agrees not to make airy alferstions, additions,
improvements or other changes to any part of the Premises or its facilitica'(cxcept additions or
supplemeatatioos to Lessee's original fixtures and equipment) without the expmsq written consent
oftheLessor, which consent will norbeunreasocablyMtbhteld. Such leascholdimprovements when
made and to the extent they do not mnlude trade fixtures shall become the property of the Lessor
upon termination or conalusion of the Lease. Lighting fxtres, heating and air conditioning
equipment, plumbing and electrical systems and fixtures, and floor coverings shall not be deemed
90'd 6L60 1EL LIL 'ON Xdd INMODUG 113MO]VO Wd 9121 AH1 66-91-1f1f
AUG-06-98 FRI-10:11 AM CALDWEL.L DEVELOPMENT FAX NO. 717 731 0979 P106
'rF6M' !---4U0Wk-L Q u6gRNS TO 71?'TSl 0979 199F•0e-06 m•t B`J seem r. n.i t•
to be trade fixtures whether installed by lessee or by anyone else and shall not be removed from the
Premises by the Lessee at the termination of this Lease. Lessee shall be reeponsible to repair any
damage to the premises caused by its removal of trade fixtures upon tannirtarion of the beast.
Unless otherwise agreed all alterations shall bo at the sole cast and expense of Lessee, and Lessee
shall hold hmrmlcss and indemnify Lessor from any responsibility for payment of some.
12. Aq.Mba MiT (jut SlMT.tiZEM Lessee shall 401 have the right, except as
hereinafter provided, to assign this lease or sublet the leased premises or any portion throof without
the prior written consent of Lessor which said consent may be withheld in L&Soces sole discretion.
The use or occupancy of the leased.premisets or the assignment of the lease to an affiliate or
subsidiary of IA=ce shalt be powdtred without Lessee's prior approval.
13. TISR flF TRA T FASFi) PRAMiq$C Leases shall use the leased premises as a
business orrice together with related adntjpisltative functions or say other lawful pwposo provided
that said use does not violate the permitted use requirements within the zouing district of the
Borough of Wormleysburg.
14, UQMLC OF t)WAI it T. rf Lessee has Wled ortefuscd to perform or has violated
any of the terms, covenants, conditions or agreements contained in this Lease, except for payment
ofreut as addtmsed in paragraph I S(a) below, Lessor shall so notify Lessee in writing. Thereupon
Lessee shall correc4 the matters complained of in suchnotico within twenty, (20) days after delivery
of written antics, or if more than such twenty (ZO) days are required to correct with resscnablo
diligence the matters complained of in such notion, shall commerce to correct them within such
twenty (20) days 3Ud p» rase such corrective action with reasonable dt'ligmee thereafter.
15. EVENTS OF ntapAT31 T, Each of the followiAg W)2U constitute an avant of default'
by the Lessee;
A. Failure of the Lessee to pay remt or other charges within ten (10) days of the
due date and after ten (1.0) days written notice of such £atlure;
B. Failure of Lessee to pay taxes or other legitimate and twdisputed charges of
mY Sovemmenml agency. authority, subdivision or kutr u aeadality when due,
G Failure of Lessee to obsetve.or perform any of the terms, covenants and
conditions of this Lease attar written notice and opportunity to cone;
D. Discontinuance byLesseeoftheconduct ofiffibusinessinthe[cased Pr==es
90'd 6L60 !EL LIL 'ON Xdd IN3WdOI3A3G 113MCIVO Wd 9I:Z1 OHI 66-5I-IAP
AUG=06-98 FR1 10:11 AM CALDWELL DEVELOPMENT FAX NO. 717 731.0979 P.07
•,tqx, rCLjl 6. K4GRN$ TO 4i9 T1 0- 1999.08-0fi 081 6$ aie5 ,', vdi-.1
without Lessor's consent; however, Lessee aball not be subject to continual use and operational
requitemoutc if at anytime during the lease term: (1) Lessee, through no fault of its own, is unable
to adequately staffthe leaved Premises with conipeteut stylists and/or managers, or (u) tweaty-five
(2501a) percent ormore of the leasable space in the Shopping Center, including apace leased by Giant
Food Stores, Inc., or its successors or assdgtu, is vacant and such condition nontinues for a period
ofi ixty (60) days afro written notice to Lessor to lect* such condition, in which event Lessee shall
have the option, uftpr gdvdag tltfity (30) days' additional written notice to Lessor, of either reducing
its hotrs of operation or termin4ng this Leese Agreement. It the event Lessee elects to tuaaotalo
its tenancy, this Lease Agreement shall become null and void and neither Lessor nor Lessee shall
have =yfu Cher rights Cr obligations hereunder and all rent, additional rent and peaceotage rest shall
bo proportioaatoly adjusted as of the date of terminati on.
H. Lessee's vacating of or desertion of the leased Premises or permitting the
same to be empty or unoccupied, either in whole or in snbstantW part, or any attermpt to assign this
Leese or sublet the same without consent, or groat a concession agreement thereto or otherwise
tiaasfer Lessee's interest in this Lease except as otherwise permitted by this Lease;
F. Lessee's rrffioval, attempt to remove or manifesting an intention to remove
its gon& or property from or out of the leased Premises other thaw in the ordinary and usual course
of its business without having first paid and satisfied Lessor for all sums which may be due during
this Lease;
0. Fadluooromission ofLessee,after notice of defmilt has been given by Lessor
to take corrwaye action within the required time,
H. Insolvency ofLessee, or
L If Lessee shall have filed against it a bill in equity or if proceedings are
otherwise initialed for the appoitehmcat of areceiver of Its assets or proceedings in any court for the
eomposition of its cmditors or for reliefin any manner from the payment of its debts when due tinder
any state or federal law, which shall not he disurissod within sixty (60) days gore the date of the
filing themo£
16. RAMFDTM IN TFrF RV NT QE T;F_C BRIS DFFALi<T• In the event Lessee
defaults as hatitnbove provided, in addition to all other rights and remedies available in law or
equity or granted elsewhere in this Lease, Lessor shall also have the right to do once or more often
LO 'd 6L60 1£L L1L 'ON Xdd IN3Wd013A30 113MOlVO Wd 9 1:Z1 na 66-91-1(lf
1 1.
AUG-06-98 FR1 10:11 AM CALDWELL DEVELOPMENT FAX NO, 717 731 10979 P. 08
'( XROn 'COiLI?.?ELL 6 KELiR146 TO 717 731 0479 199e, 0b-,d nn+nn ..es r.
any one or more of the following:
A. Deolaxe due and payable and sue to recover unpaid rem and all other charges
due and payable by Lessee to Lessor including rent for the wwVired term of this Lease and all costs
and commissions provided or permitted by law;
B. Enter the leased Premises and distrain upon and sell any property therein
which may be lawWy subject to dimaitiL
C. Lessor shall rue reasonable efforts to lease all or any part of the leased
Pretenses to any other person with or without first altering the samo, applying Such rental reccipts
against Lessee's rent for unexpired tent of Lease,
D. In the event of litigation, the prevailing patty may recover its reasonable
attorney's fees and costs from the other party; and
E. Right to confess judgement for possession of the leased Remises by
Commenoement of an equitable action is ejectment by confession with costs and reasonable
attomcy's fees added.
7_esscc don. therefore, appoint the Prothonotary or attorney of +my Court record of
Pennsylvania to appear for eind confess judgment soainst said Lessee in favor of Lessor for said
possession using this lease or a eopythereofas authority, and in the event of a writ of confession of
judgment for ejectnent erasing a writ ofposaescian to be issued, L assns waiving all 5utherrights,
procedural errors, defects or admissions uniess otherwise herein provided Lessee hereby arpowcm
the Prothonotary or any attorney of record to appear for it one ormorc times and to take on its behalf
any or all actions described in this patagraph.
F. In addition, to any other ronady available to Lessor in law and/or equity and
as are herein provided, upon a do alt Lessor shall have the right to seek injunctive relief in the event
Lessor deems such appropriate and necessary.
17. PRFSER V A3.= QE I P_C 0 R i S ttNF(7R 7 ,q Lessor's acceptance
of resit or say other amount due, or failure to enforce any right under the Lease; snail not waive any
other rights that L.exaor may have hereunder, Any attempt to collect rent or other amounts by one
proceeding shall not waive Lessor's right to collect the sane try any other proceeding. Lessor
reserves the right to apply any payments for delinquent rent, current rent or other amounts due.
18. DEFAI R.T BY L_FSSU& IfLet.= defanlts in accordance with any term, covenant
7
90'd 6L60 lEL L1L 'ON XVJ IHWdOl3AK 113M0lVO Wd L121 AR 66-91-Inf
AUG-06-98 FR1.10:12.AM CALDWELL DEVELOPMENT FAX NO. 717 731 0979 P.09
., F.%XT 6esr..owel.L B KEARN9 * TO 717.731 OKM lyx. w-w+ . r•?. .-• • • _-• or eonndiden required to be performed by Lessor under the terms of tbis lease, Lesser may elect either
of the following:
A. After not less than thirty (30) days written notice to Lesser. Lessee may
remedy such dcfaaltby any necessary action and in cotmcction with such r=cdy may pay arty costs
thareot all sums expanded or obligations incurred by Lessoe in cotmoetion therewith shall be paid
by Lessor to Lessee on demand or, ifnot paid within thirty (30) days of demand, Lessee may abate
rent therefore; or
B. Elect to terminate this lease by giving at least thirty (30) days prior written
notice to Lessor of such intention, thereby terminating this lease on the date designated is such
notice, unless Lessor shall have cored such default prior to the cVirwion of the thirty (30) day.
period.
19. MTiFtr ATFC_ Lessee shall, witbaat ebmge, at theroquest of Landlord, from time
to time, execute oertifieates to aay mortgagee, assignee or pmcbasors of Lessor.
A. That this lease is umnodilied and in full force and t ffmt or, if there have been
modific anions, that the same is in full force and effect as modified and stating the modifications;
B. The dates, if any, to whiehtenl Or other charges, if any, hemtimdrrbave been
paid in advance;
C. Whether Lessor is oris net, as the case may be, in default of the performance
of any of the wvenants or conditions on Les'sor's part to be ptstl'ormed;
D. Such other pettctent information with respect to this lease as Lessor may
reasonably rogl=t.
20. QI MT ENTO)WENT_ Lessor ccv=sx2ft to allow Lessee to quietly and peaceMy
enjoy the possession of the leased premises see from interference or interruption of Lessor or any
other person claiming through or under Lessor..
21. MT V ANM Lessor shall, tbmuglr the Unit Ownimrs' Association and by Lesser,
provide adequate insurance against damage to or destruction of the building and unit, including the
leased premises, by or on account ofthe elements, fire, wind or other peril commonly inured against
under coverage Imown as "extended coveragc", but all personal property of any band or description
whatsoever in the leased premises shall be at tbo Lessee's sole risk and Lessor shall not be liable for
60 'd 6L60 I CL L I L 'ON XU J 3WdOl3A3a 113Ma1d0 Wd L121 NHi 66-9 i-'1(lf
AUG-06-98 FRI.10:12 AM CALDWELL DEVELOPMENT FAX NO. 717 731 0979 P. jo
.. .. F.Rr?n' rr,Y.:.RIGLL 6 W..4?LSTO 717TSt o'ti9 L9su.reu•ren .a,.r v.r. ..,e. ....?..
damage done to or loss of such personal property or damage or loss suffered by the business or
occupation of Lessee arils from the acts or negligence Of 'terms or other occupants of the
building, or of employers of Lessee or of other persona or from bursting, ovwflowinpn or leaf ng
of wafer pipes, sewer or steam pipes, cc from the besting orpltrmbing features or from oclwtio wires,
or fiom gas cc odors, or caused in any other mvmer whatsoever except in case of gorse negligence
on the pan of Lessor.
Lessee, shall provide, at Lessee's expense, liability ineurmce; with coverage
acceptable to Lessor, for death or bodily iryury within the leased premises.
22. DFsgTRUCrrt7N0 r.AA. snptaa*rreas_E6=At. Ifiheleaseeiptemisoashatl
be partially damaged by fire or other came and Lessee can teaeenabiy carry on its business in
substantially the same: manner in which it had theretofore been ondiaarily conducted, the damage
thereto shall be repaired or restored promptly by Lessor, at no VXpense to Lessee and without
reduction in rem. In the event the leased promises shall be partially damaged by &e or other cause
so that Lessee camtot carry on its business in substantially The same maoncr in which it had
theretofore been ordinarily conducted, but the'damaga is not sufficiew go as to cause Lessee to cease
operation, the damage thereto ehall be repaired or restored by Lessor within ninety (90) days at no
expense to Lessee, U11% the leased premises are satisfactorily repaired or restored, and Lessee has
been r evtoredto rite fhll possession thereof, Lessee's obilgetica to pay rent for such period of non-
use shall be abated pro tmto to the extant of Tenant's deprivation of its U1 use of the leased
prennses.
23. 1?&SMU-G'i M G LEASED PREHIc>;c - TOTAr. In the event of the total
destruction ofthc leased premism, Lessor shall have rite option to rebuild, and rent shall abate until
such time as the leased premises is available to Lessee in substantially the same condition before
destruction as evidenced by notice thereof from Lessor to Lessee, at which time rent shall again
comment Bud the vertu of Ibis lease shall be doomed tolled Born such rebuilding. In the event
Lessor does not within sixty (60) days after die destruction cmnmence to rebuild or repair, or does
not within one hundred forty (140) days make available to Lessee the leased premises, this lease
shall, at the option of Lessee, terminate and Lessee shall he mleased frbm my forlher obligations
under thin lease. Notwithstanding the foregoing, if total desntretion of the leased premises shall
occur within cue (1) prior to the termination of the then-current lease tram, Lessor sball mot be
01'd 6L60 1£L L1L 'ON Xdd INMOBA30 113M01VO Wd L121 NH1 66-91-1Nf
A%-06796 FR I * 10:12 AM . CALDWELL DEVELOPMENT FAX NO, 717 731 .0919 P. I I
,,rT]H ffp4,?r.tF11. R .fELIRJ6 TO 717 731 e°J!9 11taB,oB-o6 ostol •Le-.a Y.a4.n
required to rebuild or repair the leased premises, mdess Lessor Shall, at its sole and exclusive option
elect to do ao. If Lessor shall clod not to rebuild or repair the leased premises, Lessor shall notify
Lessee within thirty (30) days after the data of destruction.
24. , WOT CP, C DAbdACfi T ) r.R6SM PRT,MICF,C_ If the leased premises shall be
damaged or destroyed by fire, flood or other casualty, L.esseo shell give immediate written notice
thereofro Lessor.
2.5. CONaEUSAJaM If, during the teen of this le=e or any ezteusioa thereof; all of
the leased premises shall be taken for any public or quasi-public use under arw goveramemtal lain,
ordinance or regulation, or by right of cminatt domain, or should be sold to the condegrmimg
authority tmdsr threat or eou&mnadon, this least shill teammate .and the resat shall be abated during
the tmexpired portion of this lease, e&cdve as of the date of the actual taking ofpogsession of said
premises by the condemaing authority and Lessee shall be released f om any further obligations
under this lase, provided, however, that Lessee reserves all tights which it may have with respect
to relocation or other damages against the condemning authority. If less than all of the leased
premtiaes shall be taken for any public of quasi-public use under any governmental law, ordinance
or regulation, or by right of eminent domain, or should be sold to the condetning author ty under
the *mt of condemnation, this lease shall not tam irmte but Lessor shall, at its sole expense, witbia
ninety (90) days from the date of dtc actual taking of possession by the condemning authority,
restore and rwonsauet the building or other improvements, provided that such restoration and
tceanstruction, in substantially the same condition as prior to the tondemnati=6 shall make the some
reasonably tenantable and suitable for the uses for which the leased premises are leased. React
Payable be:eondcr during the unexpired pordoa ofthe lease shall be ad aged equitably. lessor and
Lessce shall each be entitled to receive and retain such separate awards and portitm of lump suns
awards as maybe allocated to the respective inters in my o mdemming proceeding. Thu termination
of this lease shall not a$lxt the rigfits of the respec&o parties to such awards.
26. Lessee agrees to indemnity and hold Lesarhatmless against any and
all claims, detoAnd, damages, costs and eapewca, including teasomablo attorney's fees for the
defense thcwf, arising from the conduct ortaaaagemoot of Lessee's bosiam in the leased par miscs
or from any breach on the part of Less= or any of the conditions of this lease, or fmm any act or
negttgeaee of Lessee, its agents, contractors, employces, invitees or subtenant in or about the leased
10
II'd 630 IEL LIL 'ON XVd BDd013A30 113MOlVO Wd 8I:ZI nH1 66-51-IAA
AUG-08-98 FRI. 10;13 AM . OALDWELL DEVELOPMENT FAX NO. 717 731. 0979 . p, lp
. M tr r&)E l 6 LREP FSN TO - 717 731 e" 1996.0"-"b rivroc wwoo , ..,
PTCtW ea In case ocfany action or ptoomdmgs brought against Losses by reason of any such claim,
Lessee, on notice from Lessor, covenants to defend such action orproceedings by counsel aoeiprable
to Lessor. The forogoiug indomnifieatiou provision shall not apply to negligence by Lessor, its
agents, employees, aonwwbors, other Lessens or invitees.
27. f .FCSOR'$ R-1Mr O t7A1Tk V Lesson shall permit Lessor and its agents to enter
into and upolk the leased premises as reasonable times for the purpose of inspecting the same,
cleaning windows and performing other janitorial services, or for the purpose of maintaining the
building„ or for the purpose of making repairs to any outer portion of said building, inoluduig the
erection of scaffolding, props or other mechanical devices, or for the purpose ofposting notice of
non-liability for repairs, without arty rebate of rent to Lessee fordsmages for any loss of ocoupaHog
or quiet enjoymcm of the leased premises thereby occasioned: and shall penttit Lessor, st any time
within 6irty (30) days prior to the expiration of the lease, to put upon the windows and doors ofthe
leased pramises any usual or Ordinary "to let" or "to lease" signs. Lessor and ire agents may, during
said last merWoned period, at reasonable hours, eater upon the leased premises and cx]n'hit the same
to prospective hvams. Lessor shall employ reasonable care sod shall not disturb Lessee's busmen
28, NO W.nryt L The Waiver by Lessor of my breach of any term, covenant or
condition herein contained shall not be deemed to be a waiver or such term, covenants or condition
orausnbsequmtbreachofthesamaoranyed=tact4covers¢toreonftonbmkco Wacd• the
subsequent acceptance of rents hereunder by Lessor shall not be deemed. to be a waiver by Lessor
of any preceding breach of any term, corvennot or condition of this lease, other than the failure of
Lessee to pay the particular moral so accepted, rcgandtess of Lessor's loaowWge of such preceding
breach at the time of acceptance; of such rent
29. HOLD Q 3LRR. If Lessee holds possession of the leased promises after the term of
the lease of cagy extensim thereof; Lessee shall bermne a tenant for month-to-manth upon the term
heron specified, at a monthly feat equal to one htmlred twenty--five (12554a) percent of the monthly
rental payable for the month next preceding the month of such temrination, which said tart shall be
paysb1c in advance on the first day of each month and said tenancy shall continue until terminated
by either Lessot or Lessee by at least thirty (30) days prior written notice and the state of termination
shall be the last day of the month following the requisite notice.
30. RFM4•'1)gQWJ1 , `TLV R. It is umdaratood ad agreed that the remedies herein
11
ZI 'd 6L60 IEL L1L 'ON XU3 1N3Wd013A30 113MOlUO Wd 8121 Hi 66-91-1f1f
AIJG-06-98 FRI '10:13 'AM • CALDWELL DEVELOPMENT FAX NO, 717 731 •0979 P. 13
-PENN 1GPlr1UrLL a keRR 3 TO 717 731 0979 %9".09•06 wyf be wave r.a?c•
given to lessix shall be cu,nalative and the exercise of any one remedy by Landlord shall not be to
the exclusion of any other remedy. Each and all of said remedies shall be exercisable repeatedly and
as often as may be accessary.
31. 023MN TS2p7(Ti?1V11 Lessor agrees that Lessee shall and is hereby grantod one
(1) option to extend the tern ofthis lease for a period of five (5) years, such extended term to begin
upon the expiratien of the original try of this lease and all terms, covenants, and provisions of this
lease shall apply to the estcndnd tam ezoept that the animal base tam sh211 be increased as provided
hereinafter. Provided, however, that iron the day of the expiration of the original term Lessee is
then in default beyond-any sane period herein provided and in the pe7farmence of any of the terms
and provisions of this lease, the option shall be and become =11 and void. If Lessee shall elect to
exercise the optien, Lessee shall do so by giving to Lessor notice in writing of its intention to do so
not later than'' days paiar to the expiratiom of the term. The maximum term of this Lease
to include the renewal term shall be ten (10) years from the occupawy date, provided, however, that
if Lessee aball extend the initial term of This lease, as previded hereinafter, then the maximum term
of this lease shall be the extended original terns plus five (5) years. Failure to give the requisite
notice of Lessee racaaining in possession agar the cxpimticn of the term shall be a holding over the
provisions ofparagreph 29 sbaU be applicable.
32. RENT ADJTM3M!BWT _ RY-WRWAr.JEW- If Lessor shall exercise its option to
extend this lase for an additional five (5) years upon the expiration of the original term, the
minimum tent payable hereanbefore stated as increased each year of the base terra gall continue to
be increased by three (3%) percent each year during the renewal team. The armually adjusted
minimum rent for the xenewal term, as same was remitted dumug each year of the initial term, aban '
be paid in equal comecative monthly installments in advance on the fast date of each month of the
renewal term to Lessor or Lessor's duly authorized agent errepresentative, Lessee shall pay such
rent as sct forth without notice or demand, or without abatement, deduction err set off.
33_ rAtart'O rAr Lessee will keep the leased premises neat, clean and keep same in
sanitaryconditions at all times. Lemsce shag provide its own jeaitorial services at its own expense
which service shall protlide for the removal of refuse $cmt the premises.
34. 3jitzr BhMER OF i BACRn ERBhW2B Lessee shall, upon the expirabon or sooner
termination of the original term or any extension thereof, promptly surrender and deliver the leased
12
£ I 'd 6L60 I EL L I L 'ON Xd i ,L MOID30 113MOlVO Wd 61: Z I Mi 66-9I -inn
AUG..'06-98 FRl 10:14 AM CALDNELL DEVELOPMENT FAX NO, 717 731 0979 1
n'St .GnlP4'FJ-l G KERRNS TO 731. 0419 1!!8.08-0G• .o'l:+Oa Haan ,- P.p14
:F premises to Lessor without demand therefore in good condition, ordinary wear mid tear excepted
Lessee shall remove or cause to be removed all personal property !torn the leased. PrerAise•
35_ PARTruc B-QI M. This lease shell be binding upon and inure to the benefit of the
parties hemp, their respective heirs and pemtitted assign.
36, W-10 arm LG a u) This lease shall be construed ender and in aeeord> mac with the
laws ofthe Commonwealth e4Peonsyhwjia and all obligations of the parties created horeander am
pe3fermable in Cumberland County, Pamaylvania.
37. T_V.QAT. M NQTRT t(n' N In case One Or More ofthe provisions contained in this
lease shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not A&d arty other provision thereof and tins lease shall not be construed
as if Bach invalid, illegal or unenforceable ptnv:ision had never been contained herein
38. AMZMMM?M No zattdment, modification or ahetation ofthe terms hereof shall
be binding rmless the satuo be in writing, dated subsequent to tba date hereof and duly executed by
all of the parties hereto.
39. LMM. LesseeaadLessorshaUkccpthePremisesfree anddischargedafnimhanics'
and matmrizitasn's liew and ammabrances that result from their impactive act(s) or omission(s).
40. RAiVER OF NOME hereby Lessee a azvcs all rights to legal notice.wherever
provided by statute or common law and agrees that ten (10) days prior written .+wirme by certified
Dail, actual delivery or facsimile, of any default or proceedings to recover possession in the event
of default at any time shall be su icicat.
41. MIS .r_T.ANROTI,C PRAVT4Tr3TIR
A. MIAMITY:lfaaytwmorpravisimofthisLmscorthoappLia,u(,.Wany
pion Or circum&tsnree shall. to ZZWeattont, be invalid or ttt enforceable, the remainder of this Lease.
or the application of such term or provision to persons whose eiroumstances other than those as to
which it is held invalid or imenfiorccable, shall not be affected.
D. SILC.GFMRS, ]f' : The terms. conditions and cav=e= of this Lease
sball be binding upon and shall imam to the benefit of each of the parties, their heirs, personal
representatives, successors or assigns, and shall run with the land; and where more than,ow party
shall be lessor under this Leasg the word' l ecaor,'whenever used. in this Lease shall be deemed to
include all lessors jointly stad severally.
13
H'd 6L60 lEL L1L 'ON Xdd 1N3W OUA30 113M01H0 Wd 6121 AU 66-91-1Mf
AUGL08-98 FRI.10:14 AM CALDWELL DEVELOPMENT FAX NO. 717 731 0979 p,15
PROM IdPdLD4ELL 6 L(ESSiRNS• TO 717 791 09,79 1?..av-ee• .e.=...+ .... .......
C. MMLEM9a' No waivers, alterations or modifications of this Lease shall be
valid trolew in writing duly executed by both Lessor sad Lessee.
D. COhESIRIICIM The captions appearing in this Lease are inserted only
as a matter of convenience and is no way define, limit, construe or describe the scope or latent of
such pstagaphs of this Lease or is anyway afW this Lease. Any gender used shall be deemed to
refer to any other grader more grammatically applicable to the party to whom sgch utre of gender
relates, The use of singular shall be deemed to include the plural and, conversely, the plural shall
be deemed to include the siagulm
8. 13i1II=: If at say time alter the cvmution of this Lease, it shall become
necessary or oonvenient for one of the patties to save imy notice, dcmaud or communication upon
the other party, such notice, demand or eomrnudoation shall be in writing, signed by Ilia party
serving the same, by personal delivery, facsimile or set by registered cr certified United States mail,
rebus receipt requeded, postage prepaid and (a) if intended for Lessor, shall be addressed to:
TO LESSOR: DcublcMDeveIgmc rt Ce.
Atten: Mark G. Caldwell
434 North Front Street
Wormleysburg, PA 17043
TO LESSEa: Chelsea Settlement Agency ofHmrisburg, luc.
1000 North F=t Street
Suite 500
Wormleysbm& PA 17043
Any notices given sbell be deemed properly give m upon. delivery, ifdclivmod in person or by fax
transmission with receipt acknowledged, (ti) one (1) business day after having been deposited for,
overnight delivery with a reputable overnight courier service, or (iii) three (3) business days after
having been sent by U. S. registered or certified mail, postage prepaid.
17, Ft)R ?7. M, TRr1RR; If ate shall occur any smUcee, lock-opts or labor
disputes, inability to obtain adequate sources of energy, labor or materials or reasonable substitutes,
acts of G%4 govermnenffiI restrictions, regulations, orders, guidelines or programs, enemy or hostile
governmental aetian, not, civil commotion, fire or other caahalty or anY other conditions, whether
14
91'd 6L60 I£L LIL 'ON XV.d 1143Wd013A30 113M41d0 Wd 61:21 MH1 66-51-1Mf
AUG-06-98 FRI.10:14 AM CALDWELL DEVELOPMENT FAX NO. 717 731 0979 P. 16
;PROM, iGYV-yuF?L 6 KE?1rv6 7p ?17'731 0479 199e.0e-0B ''a rwu Maw r.?• .,
similar or dissimilar to those enumerated above, which are beyond the reasonable control of the
parties to this Lease and not due to dre fault or negligence of such party, these conditions shall be
deemed "unavoidable delays", If either party shalt, as a result of any ti navoidable delay, fail to
punctually perfann any obligation specified in this Lease and such party shall give written notice
to the other party ofan unavoidable delay within real (10) days o£its ocetmzrtce, then such failu=
shall not be deemed a breach or deihult. The applicable time periods in which to perform shall be
extended, but only to the extent and far the period occasioned by an unavoidable delay.
42. B(;{ MMVS F MS: Lossor,and Lessee ttarmally. agree that these is no. real estate
broker or other patty entitled to a commissian'as a result ofprodueing,this lease otber then
Commercial Industrial Realty Company to which irssgr shall be folly n *onsible. Lessor and
Lessee agree to indemnify and hold each other harmless from any claims made by any other real
estate broker for a commission as a result of allegedly effectuating this Lease.
43_ AFC XDIKGr'' This Lease shall not be recorded by Lessee.
44. R7t0 FRATft71VC1PiNDlVi ILL.0•Forsatisfacdonofanyavallableremodyin
.er
connoction with this Lease, Lessee shall look solely to the equity of Lessor in the 4tr
and the rents 2zd profits derived by Lessor thmvfrom.
45. FCTAPFF.T, SIATEMFNf' Wrrthin ten (10) days after a request by Lessor, Lessee
shall deliver an estoppel cettificate to any prrrposed mortgagee or purchaser, or to Lessor, certifying
(if such be the rase) that this Luse is in full farce and effect and fad there am no defense or offsets
theacto, or sorting those claimed by Lessee,
46. , 711no is ofthe essence in this Lease and every term, covenant and condition
herein contained.
47, L4c4 Lessee shall have the right to install various locks an the leased Premises
15
91 'd 630 ICL L1L 'ON Xd.d 1NMO13A30 113MOlVO Wd Oe:el OHI 66-91-1f1f
AUG,o6-96 FRI 10:15 AM CALDWELL DEVELOPMENT FAX NO. 717 731 0979 P.17
•Rr:OM *eR VwELL 6 KEG TO v 717 731.0979 1b9s. oG-m6 09: C,a' wane r..e.+a
providing Lessor gets copies thereof for access on1Y rrpon casualty emcrgcuoY.
4g, EWTMEAGWMMTNT, This Lease constitutes the sole understanding of the parties
hereto sad any amendmeds or additions shell be effective only when reduced to writing mid signed
by the panics hereto.
44. S_il.$hfrISQtnN woT AM 01mom The gulnaiasion of this document kr
exaadzur on does not conrtitutc an option or offer. This doetrmettt shall have no binding effect on
the parties unless executed by Lessor and Lessee and unless a fully executed copy shall have been
dclivcred to both Lessor and Lessee.
IN WTTNESS Vn EREOF, the parties hereto have executed this Lease Agreement the day
and year first above written, intending to be legallY botmd bertby.
ATTEST:
ATTEST:
4 1-949c;>l
torar649474
CALDWELL DEVVELOPMENT COMpAW, INC.
CEMLSErA. S AGENCY OF HARMBURG, INC.
??r
By:
16
LI'd 6L60 IEL LIL 'ON Xd3 IN3Wd013A3G 113M01d0 Wd 0Z21 AHI 66-51-lAf
AUG'G6-98 FRI 10:15 AM , CALDWELL DEVELOPMENT FAX NO, 717 731 D979 P. 18
-4cm 16PLQLQL a v.ERRtS TO 71.7 731. Q9119 19Yif•ue-oa o•W •' --..-
In consideration of and as an inducement for the grant, execution and delivery of the Lease
dated August 1998, for Premises at Suite 500, 1000 N. Front Street, Wormleysburg,
Cl rabrdind County, Penasy1rinia, (hatebafter called 'TA=e ), by and btxwoen DOUBLE m
DEVELOPMENT and CIW.LSEA SETMENS 1T AQBNCY OF HARRISBURG, INC.,
(ltegeinalteresUoa!°I essec O, and in further consideration ofthesumt ofOncDollar ($1.00) andotbrr
good and valuable consideration paid by Lessor to the under igoed, CHBLSBA TITLB AGENCY
GROUP, INC., an Ohio corporation (hereinafter called "Guarantor'), intending to be legally bound
hereby. goarunr s to Lessor, its successors and assigns, the full and p¢oteyt payment of all =t and
additional r+eat and soy and all other sum; and charges payable by Lessee, its siocesm and assigns,
under the lease and the full, fe itbful and prompt performance and observance of all the coverts;
terms, conditions and agreements therein provided to be perfernied and observed by Lasser, its
successors and assigns; and Guarantor does hereby become surety to Lessor, its successors and
assigns, for and with =pcct to aU ofthc aforesaid obligations ofLessee under this Lease. Guarantor
hereby covenants and agrees to with Lessor, its successors and assigns, that if default shall at any
time be made by Lessee, its successors and assign, in the payment of any such rent or other stuns
or charges payable, by Lessee umlerthe Lose, or in the performance of any of the covenants, terms
conditions or ageements contained in the Lease, thm following the expiration of any notice or grace
period provided in the Lease, Guarantor will fnrtbwitb pay strcb tvn or other sums or charges to
Lessor, its saacessm and assigns, end any atreffis thereof, and will 6orthwith fir:tbfaY ptnform and,
fulfill all of such covenants, terms, nonditiona and agreements. and will forthwith Pay to lessor all
damages: and all costs and expenses that may arise in consequence of any default by Lessee, its
successors and assigns. under the Lease, (mclutding, without Htnitak(on, all reasonable attorneys' fees
incurred sod diNinnements and court costs by Lessor or caused by any such default andlor
enforcement of this Guaranty).
This is an sbaolute and unconditional gamraaty of paytutat and of performance. Guarantor's
liability haauud=is direct and may be enkrued without Lessorbaing required to resort to anY other
tight, temody or security and this Cd=zoty 4211 be enforceable against Guarantor, its successors and
81'd 6L60 IEL LIL 'ON Xdd INMO13A30 113M01dO Wd H21 MH,I 66-51-1Mf
AUO-06-98 FRI 10:1.5 AM . CALDWELL DEVELOPMENT FAX No, 717 731 0979. P. IS
-? ?ee +.oo ......--
'FP.Cin :.=AI.ALIELL & VFAR IS TO 7L 731 '9579 1J98. 00
assign, without the necessity for any suit or proceeding on Lessor's part of any kind or nature
whatsoever against Lessee, its successors and assigns, and without the necessity of any notice, other
than as specifically provided in the Lease, of non-payment, non-pedomtance or nonobservance or
the continuance of say such default or of any other notice or demand to which Guarantor rnight
otherwise be entitled, all of which Guarantor hereby expressly waives; and Guarantur hereby
mxpressly agrees that the validity of this Guaranty and the obligations of Guarantor hereunder shall
in no way be to tnimated, affbeted, or Impaired by reason of this assertion or the failure to assert by
l msor against Lessee, or Lessee's successors and assigns, of arry of the rights or rtmedieg reserved
to Lessorptrrsuant to the provisions of this Lease.
This Guaranty shalt be a contimting Guaranty, and (whather or not this fhutrantor shall have
notice or l:newledge of any of the following) the liability and abligati0lt of Gust antorhereunder shall
be absolute and unconditional and shall remain in fill face and effect, and shall not be ieteased,
disebaged or in any way impaired by. (a) any amendinent err modifibation of ar supplement to Vie
Lease or the exercise of any right oFeatension or renewal, or any assignment or ransfer thereof (b)
say exercise or non-exercise of any righ% pourer, remedy or privilogcs under or in respect of the
Lease or this Guaranty or any waiver, emsent or approval by Lessor with respect to any of the
covenants, terms, conditiems, or agmetacuts contained in the Lease, or any indulgcacrs,
forebearances or exteridons of time for perf*maaace or observance allowed to Lessee fmm time to
time, and for any length of time; (c) any bankruptcy, insolvency, rcorganitation,. arrangement,
readjustment, composition, liquidation or similar proceeding relating to Leaser, its successors and
assisw or their properties or creditors; (d) any limitation on the liability cur obligation of Lessee
render this Lease orits estate in bankruptcy or of any remedy for the enfosecoment thereof. resulting
from the operation of any present or future provision of any applicable bankruptcy law. or any ad=
statute or from the decision of any court; or (o) any ttamsfer by Lessee or any assignment of its
intered under the Lease or any sublease entered into by l=cc
All of Lessor's right and trmedhes trades the Lease and under this Guaranty are intended to
be distinct, separate and cumulative and no such right and remedy therein or herein mentioned is
intended to be in exclusion of or a waiver of any of the others. No tenninalioA of this Lease or
taking or recovering of the premises demised thereby shall deprive lessor of any Of Its rights and
mmedies asaiast ourantor tmdar this Guaranty. Tbis e=anty shall apply to Lessee's Obligations
61 'd 6L60 !£L LIL 'ON Xdd iN3Wd013A30 113MGIVO Wd 221 MHI 66-51-inr
AU O§-9A FRI 10:16 AM CALDWELL DEVELOPMENT FAX NO. 717 731 0979 P. p0
FW" 1SA-VwMLl e• KF0> NS* TO 1 717. 7s3•-a .a>-.-... .--
under the Leese as extended, renewed, tam ended, rAofted or supplexuealtod, to the extent such
extension renewal, amendment, modification tar supplement is is a waitteo agreement signed by
Lessor and Lessee.
Guarantor represents and warrants to Lessor th%L (a) the execution and delivery of this
Guaranty has be= duly autltotiked by the Board of mwtors of Guarantor, (b) the making of this
G=rA* does not required any vote or consent of shareholders of Gitatmotor: and (c) Guarantor is
an affiliate of Lessee,
The Guaranty shall be legally binding upon Guarantor sad its successors and assigns, and
shall inure to be the benefit of Lessor and its stt=mors and assigns.
IN Vlr NP,SS V nEMOF, Guarantor, intending to be legally bound hereby, tans caused this
(Qaamtity tic be ake cutrA ti its duly authiniied oiMoers and its scat to be hereunto duly affixed, at
Ohio, this -? day of August, 1998.
Signed, sealed and delivered
in the presence of : CM SEA TM-B AGENCY GROUP, INC.
p An Ohio rporation
Notary Public J
My CommissioNBxpw#.
103"OA9.374
7JKA L REPP. Attorney At Lew
Notary, Public • State of Ohio
A*Gainmissfon has no erpirawn data.
SasNon 147,Q) % L Z
OZ 'd 6L60 ICL LIL 'ON XU 1N3WdO13A30 113MOlVO Wd 221 nH1 66-9i-1f1f
CALDWELL & KEARNS
A PROFESSIONAL CORPORATION
RICHARD L. KEARNS ATTORNEYS AT LAW
CARL O. WASS
JAMES R. CLIPPINOER
CHARLES J. DEMART. IR 3631 NORTH FRONT STREET
JAMES D, CAMPBELL. JR HARRISBURG, PENNSYLVANIA 17110-1533
JAMES L. GOLDSMITH
STANLEY J. A. LASKOWSKI
JEFFREY T. MCGUIRE'
DOUGLAS K. MARSICO
'ALSO A MEMBER OF NJ BAR June 29, 1999
Via Fax
Overnight Mail
Chelsea Settlement Agency of Harrisburg, Inc.
1000 North Front Street
Suite 500
Wormleysburg, PA 17043
OF COUNSEL
THOMAS O. CALDWELL. JR.
710.232 -7661
FAX: 717.232.2766
In re: Notice of Default; Lease Agreement of August 6, 1998
Double M Development/Chelsea Settlement Agency of Harrisburg, Inc./CTAG, inc.
Gentlemen:
This shall constitute notice on behalf of my client Double M Development of default pursuant to the
Lease Agreement of August 6, 1998 for the premises located at a portion of Unit 5, Fifth Floor, 1000
North Front Street, Wormleysburg, Pennsylvania by reason of your failure to timely pay the agreed
minimal rent for the month of June, 1999.
As provided in the Lease Agreement, the rent was due on June 15, 1999 and a five (5%) percent late fee
is due for the failure to remit same within ten (10) days of said date.
Thus the total amount presently due for June of 1999 is $10,500.00.
As provided in paragraph 15A of the Lease Agreement, failure to pay all rent due, plus late charges
within ten (10) days of this notice, shall represent a default of your obligations under the lease.
Your immediate attention tot his serious situation is again solicited.
Very truly yours,
?? R
JRC:mar
cc:
CTAG, Inc.
Mark G. Caldwell
0-?2:w?
James R. Clippinger
CALDWELL & KEARNS
EXHIBIT
B
MESSAGE CONFIRMATION
06/29/1999 13:46
ID=CRLDWELL & KEARNS
DATE
06/29
06/29/1999 13:44
RICHARD L. ACARMS
CARL D. WASS
JAMES R. CLIPPINSCA
CHARLES J. OCHART -11
JAMES 01 CAMPBELL JR.
JAMES L. GOLDSMITH
STANLEY J. A. LASKOWSKI
JCI PREY T. Ma GU-RE'
SIR-TIME DISTANT STATION ID MODE PAGES RESULT
01'22" 717 731 7282 CALLING 01 OK 0000
CRLDWELL & KEARNS a 2500000073172820
CALDWELL & KEARNS
A PROYCSSIONAL CORPORATION
ATTORNEYS AT LAW
3631 NORTH FRONT STRCCT
HARRISBURG, PENNSYLVANIA 17110-1533
N0.895 D01
Of COUNSCL
THOMAS O. CALDWELL. JR.
919-939.7661
YAK: 919-939-[766
OOUOLA6 H. MARSICO June 29, 1999
-ALSO A HENRIES or N? BAR
Via Fax
Overnight Mail
Chelsea Settlement Agency of Harrisburg, Inc.
1000 North Front Street
Suite 500
Wormleysburg, PA 17043
In re: Notice of Default; Lease Agreement of August 6, 1998
Double M DevelopmendChelses Settlement Agency of Harrisburg, htc.lCTAG, Inc.
Gentlemen: the
This shall u of notice t 6, c 8 for the premises locatedDt a portion of Unit 5, F ft Floor,1000 client Leash Agreement bur, Pennsylvania by reason of your failure to timely Pay the agreed
North Front Street, Wormleys g,
minimal ten, for the month of June. 1999.
1
NAME
TELEPHONE
717-232-7681 '
COMPANY
CALDWELL S KEARNS ATTNYS
STREET ESS
3631 N FRONT ST
CITY AND TATE
}iARF11SBURG
7 , PA 17110-1500
!. NAME • TELEPHONE
Chelsea Settlement Ag ency of Harrisbut
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. CITY AND STATE IINCWDE C.'WMRY IF INTEnNnilO N41
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MARK G. CALDWELL and * IN THE COURT OF COMMON PLEAS OF
MARTIN L. GRASS, t/a * CUMBERLAND COUNTY, PENNSYLVANIA
DOUBLE M DEVELOPMENT CO.,
Plaintiff
*
vs. * No. Civil 1999
*
CHELSEA SETTLEMENT AGENCY OF * CONFESSION OF JUDGMENT FOR
HARRISBURG, INC., * POSSESSION OF REAL PROPERTY
Defendant
PRAECIPE FOR WRIT OF POSSESSION UPON A CONFESSED JUDGMENT
TO THE PROTHONOTARY:
Issue a writ ofpossession upon the judgment in ejectment entered by confession in the above
matter, to wit: a portion of Unit 5, being Suite 501, 5'h Floor, 1000 North Front Street,
Wormleysburg, Cumberland County, Pennsylvania, 17043.
I hereby certify that this Praecipe is based upon a j udgment entered by confession, and Notice
pursuant to Rule 2973.3 will be served with the Writ of Possession.
Respectfully submitted,
CALDWELL & KEARNS
By:
No.
Esquire
3631 North Front Street
Harrisburg, Pennsylvania 17110-1533
Date: (717) 232-7661
-_? ?. L
89-374/608 ti > °I`91
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MARK G. CALDWELL and
MARTIN L. GRASS, t/a
DOUBLE M DEVELOPMENT CO.,
Plaintiff
* IN THE COURT OF COMMON PLEAS OF
* CUMBERLAND COUNTY, PENNSYLVANIA
VS. * No.
CHELSEA SETTLEMENT AGENCY OF
HARRISBURG, INC.,
Defendant
Civil 1999-1/3.2 / &441
* CONFESSION OF JUDGMENT FOR
* POSSESSION OF REAL PROPERTY
*
NOTICE UNDER RULE 2973.3 OF JUDGMENT AND EXECUTION THEREON
TO: CHELSEA SETTLEMENT AGENCY OF HARRISBURG, INC.
A judgment forpossession of real property and attorney's fees of $1,000.00 plus costs have
been entered against you and in favor of the Plaintiff without prior notice and hearing based on a
confession of judgment contained in a Lease or other document allegedly executed by you. The
court has issued and the sheriff has served a writ of possession which directs the sheriff to remove
you from the possession of the real property.
You may have legal rights to defeat thejudgment or to prevent your being removed from the
property or to regain possession of the property if you have been removed, if you did not voluntarily,
intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry
of judgment or if you have defenses or other valid objections to the judgment. ANY PETITION
SEEKING RELIEF FROM THE JUDGMENT AND TO REGAIN POSSESSION MUST BE FILED
WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON
YOU OR YOU MAY LOSE YOUR RIGHTS.
If you have been removed from the property without notice or the opportunity for a hearing,
you have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and
knowingly give up your rights to notice and hearing prior to entry of the judgment. If you wish to
exercise this right, you must immediately fill out and sign the request for hearing which accompanies
the writ of possession and deliver it to the Sheriff of Cumberland County at the Cumberland County
Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013.
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
Cumberland County Courthouse
One Courthouse Square, 4i6 Floor
Carlisle, PA 17013
(717) 240-6200
By:
Respectfully submitted,
CALpWELL & KEARNS
Esquire
ID No.
for Plai
4604/89-774
3631 North Front Street
Harrisburg, Pennsylvania 17110-1533
(717) 232-7661
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MARK G. CALDWELL and * IN THE COURT OF COMMON PLEAS OF
MARTIN L. GRASS, t/a * CUMBERLAND COUNTY, PENNSYLVANIA
DOUBLE M DEVELOPMENT CO.,
Plaintiff
*
VS. * No. Civil 1999- 4/3at
*
CHELSEA SETTLEMENT AGENCY OF * CONFESSION OF JUDGMENT FOR
HARRISBURG, INC., * POSSESSION OF REAL PROPERTY
Defendant
PETITION TO STRIKE JUDGMENT
REQUEST FOR PROMPT HEARING
I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to
notice and hearing prior to the entry ofjudgment. I petition the court to strike the judgment on this
ground and request a prompt hearing on this issue.
I verify that the statements made in this Request for Hearing are true and correct. I
understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating
to unswom falsification to authorities.
Notice on the hearing should be given to me at:
Street Address
City, State
Telephone Number
Date:
Defendant
89-}74/610
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MARK G. CALDWELL and
MARTIN L. GRASS, t/a
DOUBLE M DEVELOPMENT CO.,
Plaintiff
VS.
* IN THE COURT OF COMMON PLEAS OF
* CUMBERLAND COUNTY, PENNSYLVANIA
*
* No. 4321 Civil 1999
CHELSEA SETTLEMENT AGENCY OF * CONFESSION OF JUDGMENT FOR
HARRISBURG, INC., * POSSESSION OF REAL PROPERTY
Defendant
STIPULATION OF PARTIES
AND NOW, comes Plaintiffs, Mark G. Caldwell and Martin L. Grass, t/a Double M
Development Co., by and through their attorney, James R. Clippinger, Esquire of Caldwell &
Kearns, and Defendant Chelsea Settlement Agency of Harrisburg, Inc., by and through its attorney
Thomas W. Scott, Esquire of Killian & Gephart, having the authority to so act on behalf of said
parties, do agree and stipulate to conclude the within action for possession of the improved real
estate located at Suite 501, 1000 North Front Street, Wormleysburg, Cumberland County,
Pennsylvania, 17043, upon the following terms and conditions, to wit:
1. Defendant Chelsea Settlement Agency ofHarrisburg, Inc., shall surrender possession
of the subject Leased Premises in good condition, ordinary wear and tear excepted, with removal of
all personal property, no later than the close of business on Thursday, September 30, 1999.
2. Plaintiff, in consideration of the aforesaid action by Defendant, described in paragraph
1 hereof, will not seek to issue a Writ of Possession, on or before Friday, October 1, 1999, but, in
the event Defendant, Chelsea Settlement Agencyof Harrisburg, Inc., has not removed itself from the
leased premises it, Chelsea Settlement Agency of Harrisburg, Inc., shall consent to and not oppose
or object in any manner or form to Plaintiffs issuance ofa Writ of Execution on said date, October
1, 1999.
3. By virtue of the above agreement and representations it is furthermore stipulated and
agreed that it is shall not now necessary or appropriate for Plaintiff to respond to the Rule to Show
Cause or otherwise respond to Defendant's Petition to Open Judgment.
4. Furthennore, the parties hereto by entering into this Stipulation do not waive, modify
or otherwise effect in any manner whatsoever their respective legal rights with regard to any other
proceeding with regard to the Leased Premises.
5. It is furthermore agreed that promptly upon timely surrender of possession by
Defendant, Chelsea Settlement Agency, Inc., as herein provided and obtainment of possession by
Plaintiff, Double M Development Company, said Plaintiff shall discontinue this action for
possession of real property with each party to bear their own respective costs and charges.
Killian It By: as W.
Scott, Esquire
218 Pine Street
Harrisburg, PA 17101
Attorneys of Record for
Chelsea Settlement Agency of Harrisburg, Inc.
& Kearns
By:
dam s R. Clippingerjy, sqre
363 North Front Street
Harrisburg, PA 17110
Attorneys of Record for
Double M Development Company
Date: September 24, 1999
89-374/2817
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MARK G. CALDWELL and
MARTIN L. GRASS, t/a
DOUBLE M DEVELOPMENT CO.,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4321 CIVIL 1999
CHELSEA SETTLEMENT AGENCY OF
HARRISBURG, INC.,
Defendant
: CONFESSION OF JUDGMENT FOR
: POSSESSION OF REAL PROPERTY
REQUEST FOR JURY TRIAL
AND NOW, comes Defendant, Chelsea Settlement Agency of
Harrisburg, Inc., and request a trial by jury in the within matter.
submit\rt?)ed
Respmi
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Thomas W. Scott, Esquire
Killian & Gephart
218 Pine Street
P. 0. Box 886
Harrisburg, PA 17108
(717) 232-1851
Attorney I. D. #15681
Dated: August 16, 1999
Attorneys for Defendant
CERTIFICATE OF SERVICE
I, THOMAS W. SCOTT, ESQUIRE, do certify that I served a true
and correct copy of the within document upon the following by
depositing a copy of same in the United States mail, postage
prepaid, addressed as follows:
James R. Clippinger, Esquire
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA 17110-1533
Thomas W. Scott, Esquire
Killian & Gephart
218 Pine Street
P. 0. Box 886
Harrisburg, PA 17108
(717) 232-1851
Attorney I. D. #15681
Dated: August 16, 1999
Attorneys for Defendant
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04321 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CARLWELL MARK G ET AL
VS.
CHELSEA SETTLEMENT AGENCY OF
DAVID E. MCKINNEY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within WRIT OF POSSESSION was served
upon CHELSEA SETTLEMENT AGENCY OF HARRISBURG INC the
defendant, at 1618:00 HOURS, on the 21st day of July
1999 at SUITE 501 1000 N. FRONT ST
WORMLEYSBURG, PA 17043 CUMBERLAND
County, Pennsylvania, by handing to LORI SULO, ASSISTANT MANAGER
AND ADULT IN CHARGE
a true and attested copy of the WRIT OF POSSESSION
together with PETITION TO STRIKE JUDGMENT AND COMPLAINT FOR
CONFESSION OF JUDGMENT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answer
Docketing .00
Service .00
Affidavit .00
Surcharge .00 omas i e, eri
$u00/00/0000
by
Sworn and subscribed to before me
this day of
1991 A. D.
'7? eew
rocnonotary
WRIT OF POSSESSION (Ejectment Proceedings PRC P 3160 . 3163 etc)
_ Mark G. Caldwell and IN THE COURT OF COMMON' PLEAS OF
------------------- - ---------------- CL-MBERLAND COUNTY, n
Martin L. Grass, t/a . ENti•SYZN'.1.1,TA
Double M Development Co.
Nu. ------- ).9@9:4321-S:.t¢il-------- Tenn 19------
--------------------------------------------
VS.
I
- Chelsea Settlement Agency of
Harrisburg, Inc. f
•-----------------------------------------
No. --____ 1999-4.321-Givil-------- Term 19------
Costs
. ------------------------------- S_29_50-----
Kff is; ----------------------------- '3 ------------
P:odty. ------------------------------ 3__1. m-----
Attorney's Fee $1,000.00
COMMONWEALTH OF P£YNSYLVANI.-?:
COUNTY OF CUMBERLAND:
To :he Sheriff of --------- Qzd)erj?wd
Coun:y. Penna.
(t) To satisfy the judgment for Possession in :he above mater you are direcmd :o deliver possession of ;he
following described Propertym:
Mark G. Caldwell and Martin L. Grass, t/a Double
----- Plainriff 3.
being : ( P.. emises as foltam) :
A portion of Unit 5, being Suite 501, 5th Floor, 1000 North Front street, Wormleysburg,
Cumberland County, Pennsylvania, 17043
^-) To satisfy the costs a3ai.st the defendant !s) you are directed to !ev-? upon any ?roper. of :::e deien•
dant s; and sei'1 his her or aGrj int nt d:arei a.
Date --- Ju4Y..1'7.,._10_a---------------
( SE.-%L)
- Stut7?B._Lang----••--------- --
Prothonocarv. Cc=ron P!eas Lour. of Cumberland
County, Penna.
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